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Draft Agenda Agenda Briefing 13 October 2020 The information contained in this Agenda is made available free to any member of the public. Subject to copyright restrictions, members of the public may obtain copies of reports, attachments and tabled documents in accordance with the provisions of the Local Government Act 1995. NB: Plans are generally not permitted to be copied due to copyright restrictions. R• CITY OF ~, CANNING

Agenda of Agenda Briefing - 13 October 2020...2020/10/13  · AGENDA BRIEFING TUESDAY 13 OCTOBER 2020 MAYOR AND COUNCILLORS I inform you that a Agenda Briefing will be held in the

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Draft Agenda

Agenda Briefing

13 October 2020

The information contained in this Agenda is made available free to any member of the public.

Subject to copyright restrictions, members of the public may obtain copies of reports, attachments and tabled documents in accordance with the provisions of the Local Government Act 1995.

NB: Plans are generally not permitted to be copied due to copyright restrictions.

R• CITY OF ~, CANNING

DRAFT AGENDA – ORDINARY COUNCIL MEETING 13 OCTOBER 2020

Page ii

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1. DECLARATION OF OPENING ANNOUNCEMENT OF VISITORS AND DISCLAIMER .................. 2

2. ATTENDANCE ....................................................................................................................... 2

2.1 Apologies ............................................................................................................................. 2

2.2 Approved Leave of Absence ................................................................................................ 2

3. DISCLOSURE OF INTERESTS .................................................................................................. 2

3.1 Declarations of Interest (Financial) ...................................................................................... 2

3.2 Declarations of Impartiality ................................................................................................. 2

4. QUESTION TIME FOR PUBLIC ............................................................................................... 2

4.1 Response to Previous Questions Taken on Notice ............................................................... 2

4.2 Questions From the Public .................................................................................................. 2

5. ITEMS BROUGHT FORWARD FOR THE CONVENIENCE OF THOSE IN THE PUBLIC GALLERY .............................................................................................................................. 2

6. REPORTS OF COMMITTEE MEETINGS .................................................................................. 3

7. REPORTS .............................................................................................................................. 3

7.1 Office of the CEO ................................................................................................................. 3

7.2 Director Canning Community and Commercial .................................................................... 4

CC-054-20 Adoption and Rescission of Governance Policies relating to Elected Members ..................................................................................................... 4

CC-055-20 Learning City Strategy ................................................................................ 51

CC-056-20 New Lease Request - subject to surrender of existing Lease - Communicare Riverton .............................................................................. 56

CC-057-20 New Lease - Willetton Football Club .......................................................... 65

CC-058-20 Late Item - Monthly Financial Report September 2020 .............................. 73

7.3 Director Canning Sustainable Development ...................................................................... 74

SD-021-20 Scheme Amendment No. 29 to Town Planning Scheme No. 21 .................. 74

SD-022-20 Adoption of Queens Park Local Structure Plan - Amendment 2 .................. 82

SD-023-20 Adoption of Canning Activity Centre Plan - Amendment 1 ......................... 90

SD-024-20 Orrong Road Planning Study .................................................................... 104

7.4 Director Canning Environment ........................................................................................ 115

EN-025-20 Kent Street Weir Precinct Plan ................................................................. 115

DRAFT AGENDA – ORDINARY COUNCIL MEETING 13 OCTOBER 2020

Page iii

8. NOTICE OF MOTIONS FOR CONSIDERATION AT THE NEXT ORDINARY COUNCIL MEETING ......................................................................................................................... 129

9. URGENT BUSINESS........................................................................................................... 129

10. CONFIDENTIAL MATTERS................................................................................................. 129

10.1 Director Canning Community and Commercial ................................................................ 130

CC-059-20 Chief Executive Officer Contract Term ..................................................... 130

CC-060-20 Disposal and Sale of Portion of Lot 1 (233) Sevenoaks Street, Cannington - Revised Offer......................................................................................... 131

11. CLOSURE .......................................................................................................................... 132

DRAFT AGENDA – ORDINARY COUNCIL MEETING 13 OCTOBER 2020

Page 1

NOTICE PAPER

AGENDA BRIEFING

TUESDAY 13 OCTOBER 2020

MAYOR AND COUNCILLORS

I inform you that a Agenda Briefing will be held in the Function Room on 13 October 2020 at 6.00pm.

Your attendance is respectfully requested.

Yours faithfully,

Friday, 2 October 2020

Athanasios (Arthur) Kyron Chief Executive Officer

AG EN D A

If any of the Elected Members have any queries on the Items set out in this Agenda, it would be appreciated if they could contact the relevant Director:

1. Chief Executive Officer 9231 0603

2. Director Canning Community and Commercial 9231 0750

3. Director Sustainable Development 9231 0676

4. Director Canning Environment 9231 0645

G7; CITY OF CANNI G

DRAFT AGENDA – ORDINARY COUNCIL MEETING 13 OCTOBER 2020

Page 2

1. DECLARATION OF OPENING ANNOUNCEMENT OF VISITORS AND DISCLAIMER We acknowledge the Wajuk (Wudjyuk) people, the traditional owners of the land. We would also like to pay our respect to Elders, both past and present.

2. ATTENDANCE

2.1 Apologies

2.2 Approved Leave of Absence

3. DISCLOSURE OF INTERESTS

3.1 Declarations of Interest (Financial)

Officer/Elected Member

Order of Business/ Report No

Agenda Page No

Item Details Intent to Seek Ruling

Nature of Interest

3.2 Declarations of Impartiality

Officer/Elected Member

Order of Business/ Report No

Agenda Page No Item Details Nature of Association

4. QUESTION TIME FOR PUBLIC

4.1 Response to Previous Questions Taken on Notice

Nil.

4.2 Questions From the Public

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

DRAFT AGENDA – ORDINARY COUNCIL MEETING 13 OCTOBER 2020

Page 3

6. REPORTS OF COMMITTEE MEETINGS

Nil.

7. REPORTS

7.1 Office of the CEO

Nil.

DRAFT AGENDA – ORDINARY COUNCIL MEETING 13 OCTOBER 2020

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CC-054-20 Adoption and Rescission of Governance Policies relating to Elected Members CC-054-20

7.2 Director Canning Community and Commercial

CC-054-20 Adoption and Rescission of Governance Policies relating to Elected Members

PROGRAM: Canning Community and Commercial

SUB PROGRAM: Governance Canning

FILE REF: Q20/318

REPORT DATE: 2 October 2020

REPORTING OFFICERS: Karen Cornish - Supervisor Governance & Compliance

Karen Bateman - Executive Manager Governance Canning

RESPONSIBLE OFFICER: Garry Adams - Director Canning Community and Commercial

Strategic Plan Theme: LEAD - Accountable, responsible and forward-thinking administration.

Community Goal: Effective leadership and good governance. Council Strategy: Elected Members and staff practice high ethical standards.

Authority/Discretion: Legislative: Includes adopting Local Laws, Town Planning Schemes and Policies. Review when Council reviews decisions made by Officers.

Attachments: 1. Policy CM102.1 Elected Members - Meeting Attendance and Other Allowances - Amended Draft (D20/3342).

2. Policy CM102.2 Elected Members & Chief Executive Officer Reimbursement of Expenses - Amended Draft (D20/3593).

3. Policy EM.05 Attendance at Events - Draft (D20/4584). 4. Policy EM.06 Elected Member Training and Professional

Development Policy - Draft (D20/4845). 5. Policy CM104 Members - Attendance at Conferences &

Courses (Adopted 15.4.2014) (D14/48370). 6. Policy CM118 Employee Training (Adopted 26.6.2014)

(D20/114492). 7. Policy CM151 Corporate Wardrobe (Adopted 12.5.2009)

(D13/27504). 8. Policy CM187 New Councillor - Induction (Adopted 12.5.2009)

(D13/27537). 9. Policy GM.02 Disclosure of Gifts Benefits Hospitality and

Sponsorship (Adopted 19.4.2016) (D16/27847).

In Brief:

Review of existing policies

In accordance with the City of Canning’s (the City) Policy and Chief Executive Officer Instructions (CEOI) Framework, City Officers have completed a review of Policies CM102.1 Elected Members Meeting Attendance and Allowances and CM102.2 Elected Members and Chief Executive Officer (CEO) Reimbursement of Expenses.

The proposed changes include: formatting, clarification and updating of legislative and regulatory references and an additional requirement to publish a register detailing payments and reimbursements to Elected Members. These policies aim to provide suitable guidance to Elected Members on matters involving allowances and expenses permitted for reimbursement.

DRAFT AGENDA – ORDINARY COUNCIL MEETING 13 OCTOBER 2020

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Adoption of new policy – EM.05 Attendance at Events

In accordance with section 5.90A of the Local Government Act 1995, each local government must prepare and adopt a policy relating to the attendance of Elected Members and the CEO at events, and the CEO must publish the policy on the City’s website.

Accordingly, Council is being requested to adopt a new policy EM.05 Attendance at Events (the Policy) which satisfies these legislative obligations. The policy permits delegation to the CEO and subsequently, Part 6 of the Officer Recommendation proposes to delegate authority to the CEO for the purposes of determining part 7(2) of the policy

Adoption of new policy – EM.06 Elected Members and Chief Executive Officer Training and Professional Development

Gazettal of section 61 of the Local Government Legislation Amendment Act 2019 resulted in the addition of new sections 5.126, 5.127 and 5.128 to the Local Government Act 1995 (the Act). Mandatory training for elected members and the publication of an annual report on training is a result of new sections 5.126 and 5.127. New section 5.128 also requires Council to adopt a policy on elected member training and professional development.

A new policy EM 06 Elected Member Training and Professional Development (the Policy) has been drafted to satisfy the obligation of these new sections.

Rescission of Council Policies CM104, CM118, CM151, CM187 and GM.02

Recent changes to the Local Government Act 1995, (as a result of the Local Government Legislation Amendment Act 2019) mandated that local governments adopt policies on (but not limited to); Attendance at events; and Elected Members and CEO Training and Professional Development.

In addressing the requirements of the amended legislation and as part of the City’s ongoing commitment to review and update its policies, there are a number of existing policies recommended to be rescinded. These rescissions will ensure policies do not contain outdated legislative references, do not duplicate nor conflict with other Council policies.

Council is requested to support the Officer’s Recommendation to ensure:

1. Legislative compliance.

2. Correct references to applicable legislation.

3. Transparent reporting of costs and expenses relating to Elected Member allowances and expenses.

4. Conforms to resolution requirements of NOM-014-19, requiring the City to maintain a detailed register on its website of Elected Members’ payments and reimbursements.

If the Officer’s recommendation is not supported:

1. The City may not be legislatively compliant and potentially breach the Local Government Act 1995.

2. Have policies that potentially conflict with each other.

3. Have policies that contain outdated legislative references.

DRAFT AGENDA – ORDINARY COUNCIL MEETING 13 OCTOBER 2020

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OFFICER RECOMMENDATION

That Council:

1. Adopts amended Policy CM102.1 Elected Members Meeting Attendance and Other Allowances as contained in Attachment 1.

2. Adopts amended Policy CM102.2 Elected Members and Chief Executive Officer Reimbursement of Expenses, as contained in Attachment 2.

3. Adopts new Policy EM.05 Attendance at Events as contained in Attachment 3, in accordance with section 5.90A (2) of the Local Government Act 1995.**

4. Adopts new Policy EM.06 Elected Member and Chief Executive Officer Training and Professional Development as contained in Attachment 4, in accordance with section 5.128 (1) of the Local Government Act 1995.**

5. Rescinds Policy

a) CM104 Members Attendance at Conferences and Courses, as contained in Attachment 5.

b) CM118 Employee Training, as contained in Attachment 6.

c) CM151 Corporate Wardrobe, as contained in Attachment 7.

d) CM187 New Councillor Induction, as contained in Attachment 8.

e) GM.02 Gifts, Hospitality and Sponsorship, as contained in Attachment 9.

6. Grants delegated authority to the CEO to determine Part 7(2) of Council Policy EM.05 Attendance at Events (the policy), subject to the conditions listed in Part 7(2)(a)(i) to (iv) of the policy.**

**ABSOLUTE MAJORITY REQUIRED**

Relevant Council Resolutions

Council Meeting and Date Report No Decision

Ordinary Council Meeting 19 September 2019

NOM-014-19

That Council:

1. Directs the Chief Executive Officer to publish on the City of Canning’s website, a register of payments and reimbursements paid to Councillors by the City – or paid by the City on behalf of Councillors, and such a register to:

a) Include a breakdown of payments and reimbursements paid to Councillors by the City as the result of a claim for payment or reimbursement made by a Councillor, including, but not restricted to, claims for clothing allowance, travel allowance, and other sundry allowances.

b) Include a breakdown of payments made by the City on behalf of Councillors for attendance at events including, but not restricted to, conferences, seminars, training courses, and any other external event incurring a financial cost to the City of Canning.

DRAFT AGENDA – ORDINARY COUNCIL MEETING 13 OCTOBER 2020

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CC-054-20 Adoption and Rescission of Governance Policies relating to Elected Members CC-054-20

Relevant Council Resolutions

Council Meeting and Date Report No Decision

c) Be sufficiently categorised and detailed to identify all payments and reimbursements to Councillors as referred to in parts a) and b) above, by including the date, location, cost, and purpose of the activity undertaken by the Councillor.

d) To be updated not less than quarterly.

e) Be individualised by Councillor, and backdated to the October 2017 Local Government Elections.

f) Be published on the City’s website.

2. Request the Chief Executive Officer to:

a) Initiate a review of City of Canning Policy CM102.2 Elected Members Reimbursement of Expenses (which has not materially reviewed since 2009), and such review to:

i) include allowances and entitlements – other than those already detailed in CM102.2, available to Elected Members through the provisions of the Local Government Act 1995 and Regulations, any other legislative instrument, or through City of Canning policies, procedures, or guidelines.

ii) Make reference to the register outlined in part

iii) Develop procedures to guide the claiming and approval of allowances by Councillors.

iv) Present the draft policy to the Council for its consideration no later than the April 2020 Ordinary Council Meeting.

Ordinary Council Meeting 21 October 2014

CR-072-14

That Council adopts amending clause 4(1) of Policy CM102.1 Members – Meeting Attendance and Other Allowances from, as it currently reads: “(1) A member is responsible for purchasing and

maintaining his or her own information and communication equipment”.

to (1) Members are responsible for purchasing and

maintaining their own ICT equipment and associated ICT expenses.

OCM 18 March 2014

CR-015-14

That Council authorise:

1. Adopt Draft new Policy CM102.2.

2. The Chief Executive Officer be granted delegated authority to administer policy CM102.2.

3. The Council remain the approval authority for any subsequent revision of policy CM102.2.

OCM 15 April 2014 CR-017-14 That Council:

DRAFT AGENDA – ORDINARY COUNCIL MEETING 13 OCTOBER 2020

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Relevant Council Resolutions

Council Meeting and Date Report No Decision

1. Adopts draft new policies CM103, CM104 and CM105;

2. Grants the Chief Executive Officer authority to administer policies CM103, CM104 and CM105.

3. Authorises the Chief Executive Officer to approve any subsequent revisions of policy CM103.

4. Remains the approval authority for all subsequent revisions of policies CM104 and CM105.

OCM 19 April 2016 CR-007-16

That Council: 1. Adopts Policy GM.02 Disclosure of Gifts, Benefits,

Hospitality and Sponsorship with the amendment to the policy disclosure time frame from 7 days to 10 days.

2. Authorises the Chief Executive Officer to include on the official City website, electoral gifts disclosed in relation to the ordinary council elections held in October 2015.

3. Notes that Policy GM.02 will be incorporated into the City’s Code of Conduct.

4. Delegates to the Chief Executive Officer authority to administer Policy GM.02.

BACKGROUND

1 In accordance with the City’s Policy and CEO Instruction Framework, City Officers have completed a review of Policies CM102.1 Elected Members Meeting Attendance and Other Allowances and CM102.2 Elected Members and Chief Executive Officer Reimbursement of Expenses.

2 Policy CM102.1 Elected Members Meeting Attendance and Other Allowances was first adopted by Council in April 2014. Since April 2014 there have been minor changes to the Policy, mainly attributable to the annual Determination by the Salaries and Allowances Tribunal for Local Government Chief Executive Officers and Elected Members.

3 Policy CM102.2 Elected Members and Chief Executive Officer Reimbursement of Expenses was initially adopted by Council in March 2014.

4 Policies EM.05 Attendance at Events and EM.06 Elected Member Training and Professional Development are new policies that local governments are required to prepare and adopt following recent amendments to the Local Government Act 1995.

5 To ensure alignment with the legislation and that the City has only one policy position that guides Elected Members on these matters, it is recommended that CM104 Members Attendance at Conferences and Courses and CM118 Employee Training and CM151 Corporate Wardrobe be rescinded.

6 Policies CM187 New Councillor Induction and GM.02 Gifts, Hospitality and Sponsorship are being recommended for rescission as these are matters that are adequately prescribed by legislation and therefore do not require a policy position by Council.

DETAILS

Review of Policy CM102.1 Elected Member Meeting Attendance and Other Allowances

7 The review of this policy identified a number of proposed changes:

DRAFT AGENDA – ORDINARY COUNCIL MEETING 13 OCTOBER 2020

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CC-054-20 Adoption and Rescission of Governance Policies relating to Elected Members CC-054-20

a) Updating outdated legislative and regulatory references such as Local Government Elected Members Taxation Guide – Year 2012-13 – WALGA – May 2013 and Local Government Operational guidelines Number 15.

b) Updating the definition for Information Communication and Technology (ICT) expenses, to more correctly reflect the regulatory language - that Elected Members receive an allowance (as opposed to a re-imbursement for expenses) under the Local Government (Administration) Regulations 1996 for ICT.

c) Updating the wording in Item 4 (1) ‘Allowances Payments – Members Obligations’ as it relates to ICT expenses to reflect receipt of an allowance and not expenses.

d) Updating the wording in Item 4 (1) ‘Allowances Payments – Members Obligations’ as it relates to ICT to include a statement that the City may from time to time provide Elected Members with ICT equipment to better facilitate the conduct of Elected Members duties and the conduct of Council Meetings.

e) Removing from Item 5 ‘Maximum Allowance’ the table containing dollars reference to Maximum Allowances. This has been replaced with text statements providing for payment of such maximum allowances as are in force at a particular time. Thus, in future the Policy will not need to be updated each time the Determination of the Salaries and Allowances Tribunal for Local Government Chief Elected Officers and Elected Members is changed.

Review of Policy CM102.2 Elected Members and Chief Executive Officer Reimbursement of Expenses

8 The proposed changes from the review of this policy intends to provide clarity and guidance to Elected Members for when reimbursements may be sought. Changes proposed are:

a) The Title and Policy Statement are amended to include the CEO. This relates to new guidance in the policy at Part 8, which covers Training/Registration /Booking and Expenses for the CEO.

b) Removing outdated legislative and regulatory references. For example Local Government Operational Guidelines - Number 15.

c) Including references to related policies and legislation. For example, City of Canning Policy CM102.1 Elected Members – Meeting Attendance and Other Allowances and Salaries and Allowances Act 1975 Determination of the Salaries and Allowances Tribunal (SAT) for Local Government Chief Executive Officers and Elected Members.

d) Addition of definitions for an authorised event, authorised function, accompanying person, child care expenses and official capacity.

e) Addition of clauses for circumstances where reimbursements for parking and travel may be made.

f) Inclusion of a new training registration/booking and expenses guideline and reimbursement clauses, which cross reference to new policy that Council is being asked to adopt; EM.06 Elected Members and CEO Training and Professional Development.

g) Inclusion of a clothing reimbursement clause. This was formerly covered in policy CM151 Corporate Wardrobe. City Officers are recommending that policy CM151 is rescinded, as other than one clause relating to Elected Members, the policy applies to City Officers, which sits more appropriately with the authority of the CEO.

h) The amount that Elected Members may be reimbursed for clothing for use at authorised events and authorised functions, has been increased to:

DRAFT AGENDA – ORDINARY COUNCIL MEETING 13 OCTOBER 2020

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(1) “The Mayor may be reimbursed for clothing for use at authorised events and authorised functions:

(a) Subsequent to an election, an initial claim up to a maximum value of $ 2000; and

(b) For each subsequent financial year subsequent to the initial claim being made, an amount up to a maximum of $750.

(2) The Deputy Mayor may be reimbursed for clothing for use at authorised events and authorised functions:

(a) Subsequent to an election, an initial claim up to a maximum value of $1500; and

(b) For each subsequent financial year subsequent to the initial claim being made, up to a maximum of $650.

(3) The Elected Members may be reimbursed for clothing for use at authorised events and authorised functions:

(a) Subsequent to an election, an initial claim up to a maximum value of $1200; and

(b) For each subsequent financial year subsequent to the initial claim being made, up to a maximum of $600.

(4) No claim for clothing can be made in the final financial year of an Elected Member’s term (i.e. the period typically between July 1 and October of an election year where the Elected Member’s term is ceasing).”

i) Inclusion of re-imbursement process arrangements, as required by Council resolution NOM-014-19.

j) Removal of the table detailing specific mileage rates as per SAT, and replaced with a revised clause that refers to re-imbursement at the prevailing SAT rate.

9 Council’s decision on report NOM-014-19 at the 19 September 2019 Council Meeting, requires the City to publish a register on the City’s website detailing Elected Members’ payments and reimbursements. In keeping with Council’s decision this policy has been amended to include a requirement to publish a register on the City’s website detailing reimbursements paid to each Elected Member.

Adoption of new policy – EM.05 Attendance at Events

10 Elected Members’ decision making could be influenced, or perceived to be influenced in a number of ways, including the receipt of gifts. In the context of this a free invitation, ticket or discounted ticket to an event is considered a gift.

11 The Local Government Act 1995 disclosure of interest provisions aim to ensure that decision making is free from influence and that decisions can be made in the best interests of the community. The basic principle is that unless a gift is an excluded gift as prescribed, an Elected Member who receives a gift is not to participate in any part of the meeting dealing with a matter before Council that involves the gift giver.

12 However, certain gifts received by Elected Members and the CEO are specifically excluded from these conflict of interest provisions (section 5.62(1B), and this includes a gift received in accordance with the Attendance at Events policy.

13 An Elected Member who accepts a gift consisting of a ticket or free entry to an event that is approved under this Policy is excluded from the requirement to disclose an interest, should the donor of the gift have a matter before Council. The Elected Member, in accepting the gift (free ticket or entry) would still be required to disclose the gift and have it listed on the City’s Gift Register.

14. Amendments to the Local Government Act 1995 Section 5.90A necessitated a new policy, which indirectly relates to matters in existing policy CM 104 Members Attendance at Conferences & Courses. With the adoption of the new policy, CM 104 would effectively be redundant, therefore it is

DRAFT AGENDA – ORDINARY COUNCIL MEETING 13 OCTOBER 2020

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recommended that it be rescinded to ensure no confusion or inconsistency is applied when implementing the new policy EM.05.

15. The policy permits delegation to the CEO and subsequently, Part 6 of the Officer Recommendation proposes to delegate authority to the CEO for the purposes of determining part 7(2) of the policy.

Adoption of new policy – EM.06 Elected Member and Chief Executive Officer Training and Professional Development

16. Gazettal of section 61 of the Local Government Legislation Amendment Act 2019 resulted in the addition of new sections 5.126, 5.127 and 5.128 to the Local Government Act 1995. Mandatory training for Elected Members and the publication of an annual report on training is the result of new sections 5.126 and 5.127. New section 5.128 requires Council to adopt a policy on Elected Member training and professional development.

17. New policy EM.06 Elected Member and Chief Executive Officer Training and Professional Development has been developed to satisfy the obligation of these new sections of the Act.

18. Proposed policy EM.06 provides access to development opportunities, including the mandatory Council Member Essentials and any other appropriate training and development activities relevant to their roles and functions for Elected Members and the CEO.

19. Under this policy, Council endorses approved training providers recognised as providing relevant and suitable training that all Elected Members and the CEO can readily access. Additionally, the policy identifies the process for Elected Members, who wish to undertake training by a non-approved training provider.

20. To ensure alignment with the legislation and that the City has only one policy position that guides Elected Members on these matters, it is recommended that CM104 Members Attendance at Conferences and Courses and CM118 Employee Training be rescinded to ensure no confusion or inconsistency is applied when implementing new policy EM.06

Policies for Rescission

21. City Officers are recommending the rescission of these policies:

Policy to be Rescinded Reason for Rescission

CM104 Members Attendance at Conferences and Courses.

Due to legislative changes and the requirement for new policies EM.05 Attendance at Events and EM.06 Elected Member Training and Professional Development, policy CM104 is redundant and outdated and recommended for rescission to avoid confusion or inconsistency when applying policy.

CM118 Employee Training. This policy mostly relates to City employees and therefore is better suited under the authority of the CEO (Local Government Act 1995 s.5.41). New proposed policy EM.06 Elected Member Training and Professional Development has been developed to meet the legislative obligations for Elected Member Training.

CM151 Corporate Wardrobe. This policy mostly relates to City employees and therefore is better suited under the authority of the CEO. Revised policy CM102.2 Elected Members and Chief Executive Officer Reimbursement of Expenses has been amended to include provisions for reimbursement for clothing purchased by Elected Members.

CM187 New Councillor Induction With the amendments to the Act associated with mandatory training for Elected Members and the development of proposed new policy EM.06 Elected Member Training and Professional

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Policy to be Rescinded Reason for Rescission

Development policy CM187 is outdated and effectively redundant.

GM.02 Gifts, Hospitality and Sponsorship

Prescribed legislation provides suitable instruction and clarity on these matters. In May 2020 the Department of Local Government updated their Operational Guideline titled Disclosure of gifts and disclosure of interests relating to gifts. City officers are of the opinion that these matters are comprehensively regulated and that suitable and relevant guidance already exists.

Consultation with West Australian Local Government Association identified that it did not support having a gifts policy on the basis that gift provisions are adequately set out in the Local Government Act 1995 and the Local Government (Administration) Regulations 1996.

CONSIDERATIONS

Legal Compliance

Local Government Act 1995

22. Section 2.7(2)(b) states that the role of Council is to determine the local government’s policies.

23. Section 5.42 allows a local government to delegate to the CEO the exercise of any of its powers or the discharge of any of its duties under the Act.

24. Section 5.90A requires a local government to prepare and adopt a policy for matters relating to the attendance of Elected Members and CEO at events and the policy is to be published on the local government’s website.

25. Section 5.98 entitles Elected Members to be paid a fee for attending a meeting of a prescribed type and for being reimbursed for incurring an expense of a kind prescribed as being an expense.

26. Section 5.98(5) determines that the Mayor is entitled to be paid the annual local government allowance.

27. Section 5.98A sets out the allowance that may be paid to the Deputy Mayor.

28. Section 5.99A relates to annual allowances that can be paid to Elected Members as determined by the Salaries and Allowances Tribunal specifically relating to ICT and travel and accommodation expenses.

29. Section 5.126 of the Act identifies the mandatory training that Elected Members must complete.

30. Section 5.127 requires a local government to prepare a report on the training completed by Elected Members each financial year and to publish the report on the local government’s website within one month after the end of the financial year to which it relates.

31. Section 5.128 requires a local government to prepare and adopt a policy in relation to the continuing professional development of Elected Members and publish the policy on the local government’s website.

Policy Implications

32. Most of the policies presented in this report are inter-related. Therefore, adopting one without the other, or not rescinding a policy that is recommended for rescission could create ambiguity, fail to provide adequate guidance and quite possibly leave the City in breach of its legislative obligations.

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Financial Considerations

Business Plan

33. Not applicable.

Internal Budget

34. Financial implications of each of the policies are taken into consideration in the City’s annual budget.

Asset Management

35. Not applicable.

Sustainability Considerations

36. Sustainability commitment 7 – A commitment to risk mitigation, evidence-based governance and observing the precautionary principle applies.

Consultation

37. The two new proposed policies and the two revised policies were initially presented at the Strategic Issues Briefing on 4 February 2020.

38. Feedback from the Strategic Issues Briefing feedback resulted in some changes to EM.05 Attendance at Events.

EM.05 Attendance at Events

39. Draft policy EM.05 Attendance at Events was further refined based on information and advice from both the Department of Local Government Sports and Cultural Industries and the West Australian Local Government Association.

40. Those discussions and the subsequent suggested changes centred around:

a) Simplifying the Policy Statement.

b) Aligning the definition of Authorised Events with that defined as Authorised Event in CM 102.2 Reimbursement of Expenses policy.

c) Reiterating in the policy that events approved under this policy exclude the Elected Member from the conflict of interest provisions if the donor has a matter before Council.

d) Incorporating an attachment to the policy identifying specific future events.

e) The ability to allow for delegation to the CEO to approve other events, thus removing the requirement to take any and each new event to Council for a decision.

f) Clarifying that the intent of the ability to delegate to the CEO is to ensure that the CEO can assist and advise Elected Members on their obligations in disclosing an interest, it is NOT intended to stop or prohibit an Elected Member from attending any event.

41. The two new proposed policies and the two revised policies were subsequently re-circulated to Elected Members on 12 March 2020, no further comments were received.

42. The policies were again circulated on 18 June 2020, advising that if no comments or queries were raised, the policies would be presented to a future Council Meeting for determination. One point of clarification for policy CM102.1 Elected Members Meeting Attendance and Other Allowances related to the criteria for travel claims and the requirement for supporting receipts for child care expenses was received. One Elected Member submitted detailed feedback on Policy CM102.2 Elected Members and Chief Executive Officer Reimbursement of Expenses. No other comments were received.

DRAFT AGENDA – ORDINARY COUNCIL MEETING 13 OCTOBER 2020

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43. After the disruption brought about by COVID-19 these policies were re-circulated, and presented to another Strategic Issues Briefing on 1 September 2020. Based on the Elected Members’ feedback from the Strategic Issues Briefing, the policies were edited and then re-circulated to the Elected Members.

44. Subsequently, feedback was received from one Elected Member relating to a request for additional criteria and clarity regarding :

a) CM 102.2 Part 4 Childcare expenses; and

b) CM 102.2 Part 5 (1) Travel to and from council and committee meetings.

45. The Elected Member’s feedback, provided for consideration of the use of alternate wording based on the local government of Latrobe’s policies on these (copied below):

46. The City is of the view that the wording provided in Attachment 2 CM 102.2 Part 4 and Part 5(1), which is as per the Salaries and Allowances Act 1975: Determination of the Salaries and Allowances Tribunal on Local Government Chief Executive Officers and Elected Members Clauses 8.2 (2) and 8.3 (3) respectively, provides sufficient and equitable clarity on these matters.

47. The Australian Taxation Office rate allowable (referenced in the LaTrobe policy) for privately owned to leased vehicles is a single rate of $0.72 per kilometre. The rate applied under the current and the revised policy CM102.2 under the Local Government Officers’ (Western Australia) Interim Award 2011 is:

ns s ar no d o

t amdy ( r. s star ro er or st r ran la • rela

) o r ularly h ,n ( I) per SU

a

tnc1ud s children up o 6 y rs o g

4.3 Tr vet xpemws

Su ,ect to clause 5, Councdlors y be rem rsed fore p nses incurred n l u ir pr" e hicle for Counal busm ss includm I to

and • 1 · I

(2) e I te ehlcie es on Act 1997 bu

rpo

(3) A Councillor's tra el ude th cost of purchasing a local 1m c rd used o ac o r as.

( ) ,a 1 e retmbursed o Councillor lor . •

• m '" aCoun

0

DRAFT AGENDA – ORDINARY COUNCIL MEETING 13 OCTOBER 2020

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48.

49. Should Elected Members wish to adopt the wording, as suggested by the Elected Member, this could be achieved with an amendment (shown in red, underlined, italic text) to Part 2 of the Officer’s Recommendation:

“That Council:

Adopts amended Policy CM102.2 Elected Member and Chief Executive Officer Reimbursement of Expenses, as contained in Attachment 2, with Part 4 and Part 5 (1) amended to:

a) Part 4 replaced with the wording:

“Child care expenses are not eligible for reimbursement if they are paid to a person who:

1. Is an immediate family (eg partner, mother/father, sister/brother or sister in law, brother in law , relatives and/or children); or

2. Who normally or regularly lives with the Councillor except where a live in (professional) helper such as nanny is required to work extra time at extra expenses because of the Councillor’s duties or functions”

b) Part 5 (1) Replaced with the wording:

1. “Councillors maybe reimbursed for expenses incurred when they use their private vehicle for Council business including travel to and from the Councillor’s notified residential address to Council meetings, briefings or other activities directly related to Council business.

2. The rate of reimbursements for private vehicles expenses will be based on the rates set out in the Income Tax Act 1977 for reimbursement of employees’ use of personal vehicles for business purposes.

3. A Councillor’s travel expenses may include the cost of purchasing a local sim card used for accessing Wi-Fi while overseas.

4. Travel expenses will not be reimbursed to a Councillor for:

a. Travel from work to other locations where the kilometres claimed are greater than what would be claimed form the notified residential address; and

b. Meetings arranged outside the municipality that would not form part of a Councillor’s normal role.

Vehicle Engine Cents /km

1600cc & under 0.5585

1600 - 2600cc 0.6772

over 2600cc 0.9397

DRAFT AGENDA – ORDINARY COUNCIL MEETING 13 OCTOBER 2020

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CC-054-20 Adoption and Rescission of Governance Policies relating to Elected Members CC-054-20

Other Considerations or Risks

Risk/ Opportunity Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

Officer Recommendation approved by the Council (positive outcomes) Opportunity A

Compliance with legislative requirements.

Consistency across City policies.

Transparency of allowances and reimbursements paid.

Review of legislation.

Review of inter-related policies presented at the same time.

Consultation and guidance from the Department and WALGA on content.

Register of allowances and reimbursements published on website.

`

Likely Moderate High

(Opportunity)

Officer Recommendation approved by the Council (negative outcomes) Risk B

Full disclosure of all payments made to Elected Members.

Legislative basis that supports payments made.

Possible Minor Low

(Risk)

Officer Recommendation deferred by the Council Risk C

Legislative

non compliance.

Briefing Elected Members at a Strategic Issues Briefing circulating policies for comment.

Possible Minor Low

(Risk)

Officer Recommendation declined by the Council Risk D

Legislative

non compliance.

Inconsistent and conflicting policy positions.

Briefing Elected Members at a Strategic Issues Briefing circulating policies for comment.

Review of associated legislation.

Elected Member input sought as part of the policy review.

Likely Moderate High (Risk)

COMMENT

50. Adoption of the Officer Recommendation will ensure policies affecting Elected Members are legislatively compliant, given the recent changes to the Local Government Act 1995 and some of its Regulations. It will also provide suitable clarity and guidance to Elected Members for matters

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including, making a claim for reimbursement of expenses, undertaking training and professional development and attending events.

VOTING REQUIREMENT

51. Parts 3, 4 and 6 of the Officer Recommendation require an Absolute Majority in accordance with section 5.42, 5.90A and 5.128(1) of the Local Government Act 1995.

AGENDA BRIEFING COMMENT

52. Not applicable.

Item CC-054-20 - Attachment 1 Policy CM102.1 Elected Members - Meeting Attendance and Other Allowances - Amended Draft

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G; CITY OF CANNING

POLICY

TITLE: ELECTED MEMBERS- MEETING ATTENDANCE AND

CODE: CM102.1

OTHER ALLOWANCES

PURPOSE or To define the statutory permitted annual meeting fees and Information and Communications OBJECTIVE: Technology (ICT) allowances for Elected Members, and the addit ional annual allowances for the Mayor

and Deputy Mayor.

REFERENCE Local Government Act 1995* DOCUMENTS: Local Government (Administration) Regulations 1996 *

Salaries and Allowances Tribunal Act 1975*

Salaries and Allowances Act 1975*

Annual Determination of the Salaries and Allowances Tribunal for Local Government Chief Elected Officers and Elected Members

Policy CM102.2 Members Re- lmbursements

* denotes Western Australian legislation and regulations as referenced in this policy

POLICY STATEMENT

In lieu of meeting attendance fees Elected Members will receive the maximum annual meeting attendance allowance for a "Band 1" local government determined by the Salaries and Allowances Tribunal (SAT) from t ime to time. The annual allowance includes all council meetings, council committee meetings, council forums and prescribed meetings.

Elected Members will receive the maximum permissible annual allowance for ICT equipment.

The Mayor will receive the maximum annual meeting attendance allowance for a " Band l" local government. The Mayor is entitled to receive the maximum additional annual allowance determined by SAT for a "Band 1" local government.

The Deputy Mayor is entitled to receive a maximum 25% of the additional annual allowance to which the Mayor is entitled.

The City of Canning (the City) will not apply to the Australian Taxation Office to be considered as an Eligible Local Governing Body for the purpose of capturing payments and benefits to Elected Members within the Pay As You Go (PAYG) and Fringe Benefits Tax (FBT) provisions, nor for the members to be treated as employees for superannuation and income tax purposes.

Subject to the provisions of this policy, an Elected Member has the option of foregoing part of his or her attendance allowance in exchange for the City making contributions to a complying superannuation fund.

1. Scope This policy appl ies to all El ected Mem bers.

2. Definitions

Elected Member

City of Canning Policy

A person elected and holding valid office under the Local Government Act 1995 as a member of t he Counci l of the City of Cann ing.

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/CT expenses

Prescribed meeting

(a} Rental charges in relation to one telephone and one facsimile machine, as prescribed by regulation 31(1}(a) of the Local Government (Administration) Regulations 1996; or

(b) Any other expenses that relate to information and communicat ions technology (e.g. telephone call charges and internet service provider fees} and that are a kind of expense prescribed by regulation 32(1) of the Local Government {Administration) Regulations 1996.

A meeting of a type defined in Local Government (Administration) Regulation 30(3A),th is being a meeting:

(a) Of a WALGA Zone; [r.30.(3A)(a))

(b) Of a Regional Road Group established by Main Roads WA; [r.30.(3A}(b)]

(c) Of a regional loca l government; [r.30.(3A)(c))

(d) Other t han a council or committee meeting where the member is attending at the request of a Minister of the Crown who is attending the meeting; [r.30.(3A}(d}]

(e} Other than a council meeting or committee meeting where the member is

representing the City of Canning as a delegate elected or appointed by the City. [r.30.(3A}(d)]

3. Allowance Payments - When Made

The City will make allowances payments under this policy fortnight ly, in arrears, by direct deposit into the bank account nominated by the Elected Member. Where an Elected Member has entered into a fee sacrifice arrangement for superannuation contributions, the City wi ll make quarterly payments direct to the Elected Member's nominated superannuation fund.

4. Allowance Payments - Member Obligations

(1) Elected Members receive an allowance for purchasing, mainta ining and insuring t heir own ICT equipment to better facilitate t he conduct of Elected Member's duties and the conduct of Council meetings.

(2) An Elected Member entering into a sacrifice arrangement for superannuation must complete a written agreement wit h the City clearly stating al l of the terms under which t he arrangement will take place. The min imum terms that must be included in the agreement are:

(a) The percentage or amount of the allowance to be sacrificed; and

(b) The date the agreement becomes effective; and

(c) The name of the superannuation fund; and

(d) Confirmation that the City is not an el igible local governing body.

(3) An Elected Member is persona lly responsible for the taxation implications and liabil ities associated with the al lowances received.

S. Maximum Allowance

(1) Elected Members will receive the maximum annual meeting attendance allowance for a "Band 1" local government determined annua lly by SAT from time to time. The annual allowance includes all council meetings, council committee meetings, counci l forums and prescribed meetings.

(2) Elected Members will receive the maximum permissi ble annual al lowance in lieu of ICT expenses.

(3) The Mayor will receive the maximum annual meeting attendance allowance for a "Band 1" loca l government.

(4) The Mayor is enti t led to receive t he maximum additional annual allowance determined by SAT for a "Band 1" local government.

(5) The Deputy Mayor is entitled to receive a maximum 25% of the additional annual allowance to which the Mayor is entitled.

6. Register

(1) The City will maintain a register on the City's website of Elected Members' Allowances, Payments and Re­imbursements. That register wil l include deta ils pertaining to allowances under this Policy.

(2) The register will include details of allowances paid under this policy by each Elected Member.

(3) The register will be referred to as the El ected Member's Register of Allowances, Payments and Re-imbursements.

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~i CITY OF CANNING

GOVERNANCE REFERENCES Statutory Compliance Local Government Act 1995 s.5.99 and s.5.99A *

Local Government (Administration) Regulations 1996 r.30(3A}, r.30(3C}" Salaries and Allowances Tribunal Act 1975 s.78*

Process Links Sacrifice for Superannuation Agreement Form -Elected Members {TRIM GO.Pl.2}

POLICY ADMINISTRATION Program responsible Officer Title

Canning Community & Commercial Executive Manager Governance

Version Decision Reference Meeting type and date Delegation No. (or N/AJ

1 OCM 15/4/2014 (CR-014-14) Adopted N/A 2 4/8/2014 Table (Clause 5) updated with new SAT allowances N/A 3 OCM 21/10/2014 (CR-073-14) Clause 4(1) amended N/A 4 22 June 2015 Date on Table (Clause 5) updated following SAT 2015 N/A 5 1 July 2017 SAT Determination -1 July 2017 - Updated Allowance N/A 6 September 2020 Comprehensive review performed. Changes included:

format changes, clari fication of legislative and regulatory references and requiremen t to publish a register of allowances.

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G; CITY OF CANNING

POLICY

TITLE: ELECTED MEMBERS and CHIEF EXECUTIVE OFFICER

CODE: CM102.2

REIMBURSEMENT OF EXPENSES

PURPOSE or To define the expenses incurred by Elected Members t hat may be approved for reimbursement, and by OBJECTIVE: t he Chief Executive Officer in relation to Part 8 'Training Regist ration/Booking and Expenses' only.

REFERENCE Local Government Act 1995" DOCUMENTS: Local Government (Administration) Regulations 1996 *

Public Service Award 1992*

Salaries and Allowances Act 1975*

Annual Determination of the Salaries and Allowances Tribunal for Local Government Chief Executive Officers and Elected Members•

Public Service Award 1992 Schedule I - Travelling, Transfer And Relieving Allowance*

Pol icy CM102.1 Elected Members - Meeting Attendance and Other Allowances

Pol icy EM.OS - Attendance at Events

Pol icy EM.06 - Elected Member & CEO Training and Professional Development

*denotes Western Australian legislation and regulations as referenced in this policy

POLICY STATEMENT

Elected Members of the City of Canning (the City) may be reimbursed for expenses incurred in performing or attending an authorised event or an authorised function. This Policy also provides guidance on re-imbursement to the Chief Executive Officer in relation to Part 8 'Training Registration/Booking and Expenses.

Elected Members are entitled to reimbursement for:

(1) For child care and travel expenses incurred for attending an authorised event or an authorised function in an official capacity.

(2) Expenses incurred under Policy EM.OS - Attendance at Events and Policy EM.06 - Elected Member and CEO Training and Professional Development.

1. Scope This policy appl ies to all Elected Members; and t he Chief Executive Officer in relation to Part 8 'Training Registration/ Booking and Expenses' only.

2. Definitions

Accompanying Person

Authorised Event

City of Canning Policy

The spouse or partner of t he Mayor (or of the Mayor's nominated representative), when the Mayor has been invited to attend a function or event in an official capacity.

When an event an Elected Member is attending or performing a role in an officia l capacity in the following: (a) WALGA's Local Government Week functions.

(b) Aust ralian or West Austra lian Local Government events.

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Authorised Function

Child Core Expense

Committee Meeting

Elected Member

Official Capacity

3. Accompanying Person

(c) Advocacy lobbying or M inisterial briefings.

(d) Events hosted by City of Canning based clubs or not for profit organ isations.

(e) Meetings, hosted by the City, for clubs or organisations within the City.

(f) City hosted ceremonies, funct ions or events.

(g) City hosted events with employees.

(h) City sponsored functions or events.

(i} Cultu ral events/festivals within the City.

(j} Events run by Local, State or Federal Government.

(k} Events run by schools within the City.

(I} Opening or launch of an event or faci lity within the City.

(m} Recognition of Service events.

(n) Where Mayora l or CEO representat ion has been officially invited.

(o} Where the Mayor and an accompanying person have been official ly invited.

(p) Is any event approved under Policy EM.OS Attendance at Events.

When an Elected Member is attending or performing a role in an officia l capacity in the following circumstances: (a) Ordinary and special meetings of Council;

(b) Com mittee meetings;

(c) Agenda briefing sessions;

(d} Workshops and forums;

(e) Meetings of external committees, resident and ratepayer associations and regional counci l bodies of which the Elected Member is an authorised representative resolved by Council;

(f) Author ised training and development activities in accordance with Policy EM.06 Elected Member & CEO Training and Professional Development;

(g) Civic receptions and events conducted by the City;

(h) As an invited guest by a City stakeholder in their capacity as an Elected Member;

(i} As an invited guest at civic reception or event conducted by a West Australian Local Government; and

(j) Is a function approved under Policy EM.OS Attendance at Events.

Expenses incurred by an Elected Member's absence for child care, whilst performing an authorised event or attending an authorised function.

A meeting of a committee of Council as establ ished under s.S.8 or s.7.lA of the Local Government Act 1995.

A person elected and holding valid office under the Local Government Act 1995 as a member of the Council of the City of Canning.

Elected Members ca rry ing out their role as per the functions defined in s.2.8 ors. 2.9 or s.2.10 of the Local Government Act 1995, and as such representing the Council of the City.

The City will reimburse the expense incurred by the Mayor (or of the Mayor's nominated representative), for the expenses of the spouse or partner of the Mayor (or of the Mayor's nominated representative), when the Mayor has been invited to attend a function or event in an official capacity.

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'11111' -··. -· -·········-

4. Child Care Expenses

The City will reimburse eit her, the actual child care expenses incurred by an Elected Member or the hourly rate determined by the Salaries and Allowances Tribunal, whichever is the lesser amount. Such expenses shall relate to Elect ed Member attendance at either an authorised event or an authorised function.

5. Travel & Accommodation Expenses and Reimbursement

(1) For travel to and from council and committee meetings the City wi ll reimburse the travel expense incurred by an Elected Member, as follows:

(a) If the Elected Member lives or works in the City or an adjoining local government district the actual expense of travel from t he Elected Member's place of residence, or work, and back; or

(b) If the Elected Member does not live or work in the City or an adjoining local government district, the actual expense, in relation to a journey from the Elected Member's place of residence, or work, and back:

i. For the Elected Member to travel from the Elected Member's place of residence, or work, to the meeting and back; or

ii. If the distance travelled in sub-paragraph (i) is more than 100 kilometres, for the Elected Member to travel from the outer boundary of an adjoining local government district to the meeting and back to that boundary.

(2) The City wi ll reimburse t ravel expenses claimed by an Elected Member attend ing:

(a) An authorised event or authorised function or as defined under this policy;

(b) Events as described in policy EM.OS Attendance at Events. (Refer also Part 8 of this Policy.)

(c) Training and professional development approved in accordance with policy EM.06 Elected Member and CEO Training and Professional Development.

(3) Other t ravel expenses which can be claimed for re-imbursement, are those incurred by an Elected Member attending:

(a) Forums convened by the Council and/or the CEO;

(b) Civic functions convened by the CEO or the Mayor;

(c) Citizenship ceremonies conducted by the City;

(d) A meeting or function of an organisation to which an Elected Member has been appointed by Council as a delegate, deputy delegate or proxy delegate;

(e) Visits to an adjoining loca l government in an officia l capacity;

(f) (Any commercial, industrial, charitable, educational or welfare premises in response to an official invitation received by Council;

(g) A site inspection in relation to a matter listed on any forum, Council or Committee agenda;

(h) A meeting requested by and with a ratepayer or elector, but excluding the day on which council elections are held.

(4) Verificat ion details are to be submitted for claims under subclauses (3) (g) and (3) (h) including agenda report number, name and address of ratepayer and the nature of the business for which the meeting was held.

(S) For the purpose of subclauses (1), (2) and (3) the travel expenses incurred whi le driving a privately owned or leased vehicle (rather than a commercially hired vehicle) will be calculated at the same rate applicable to the reimbursement of travel expenses in the same or similar ci rcumstances under Part 8, Section 30 of the Loco/ Government Interim Award 2011. (Refer also Part 8 of t his Policy for guidance regarding travel expenses re­imbursement relating to training.)

(6) The City will reimburse intrastate or interstate t ravel expenses incurred by an Elected Member in performing or attending an authorised event or authorised function with the approval of Council. (Refer Policy CM102.1 Elected Members - Meeting Attendance and Other Allowances). (Refer also Part 8 of th is Policy for guidance regarding t ravel expenses re-imbursement re lating to training.)

(7) Reimbursement of accommodation expenses will be at the same rate or similar circumstances set out under t he current Part 8, Section 29 of t he Local Government Officers' (Western Australia) Interim Award 2011 . (Refer also Part 8 of this Policy for guidance regarding accommodation expenses re-imbursement relating to tra ining.)

City of Canning Policy CM102.2 Elected Members and CEO Reimbursement of Expenses Page 3 of 5

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'11111' -··. -· -·········-

6. Parking Expense

The City will reimburse Elected Members for actual parking expenses, incurred in attending or perform ing an authorised event or authorised function or event, provided receipts are provided.

7. Training Expense

The City will reimburse Elected Members for expenses associated with training and professional development attended in accordance with policy EM.06 Elected Member and CEO Tra ining and Professional Development.

8. Training Registration/Bookings and Expenses

(1) Registration/ Bookings

Registration fees and bookings relating to airfares and accommodation are to be arranged and pa id for by the Administration. Elected Members or the CEO are not to pay such costs and seek reimbursement, except in the case of an emergency or unique ci rcumstances provided the CEO or the Mayor have been notified in advance.

(2) Travel

(a) Where air travel is involved, it is to be by Economy Class (unless Council resolves otherwise) at a time that is convenient to the Elected Member or the CEO. As fa r as is practica ble, advantage should be ta ken of any available discount fares including advanced purchase fa res. Upgraded seats can be secured at the Elected Member or the CEO's cost.

(b) Reasonable means of t ransport to and from t he tra ining venue is to be cla imed by reimbursement. Reasonable means is considered to be:

i. Taxi, or any other cost effective reasonable alternatives.

ii. Public transport.

iii. Own private vehicle.

(c) Air line tickets purchased need to be eit her refunda ble, or to be insured, so t hat the ticket price can be refunded on occasions where an attendee is unable to t ravel.

(3) Accommodation

Reasonable accommodation for a room at, or in close proximity to the venue will be permitted for training. It is acceptable for attendees to arrive the day prior to the start of the tra ining and depart the day following the close of the training. Should an Elected Member or CEO wish to upgrade their accommodation standard or extend their visit for personal reasons not associated with approved City business, all extended stay and associated costs are to be met by the Elected Member or the CEO (including any additiona l airfare costs).

(4) Meals and Incidental Expenses

(a) Instances where meals are not included in the registration or booking, the City shall re imburse the Elected Member or CEO for mea ls and incidenta l expenses at actua l cost or in accordance with the Public Service Award 1992 Schedule I - Travelling, Transfer And Rel ieving Allowance, whichever is the lesser amount .

(b) Incidenta l expenses are interpreted as reasona ble expenses incurred for telephone ca lls, newspapers, laundry, pu blic transport, sundry food and beverages.

9. Clothing Reimbursement

(1) The Mayor may be reimbursed for clothing for use at authorised events and authorised funct ions:

(a) Subsequent to an election, an initial cl aim up to a maximum va lue of$ 2000; and

(b) For each subsequent financial year subsequent to t he initial claim being made, an amount up to a maxi mum of $750.

(2) The Deputy Mayor may be reimbursed for clothing for use at authorised events and authorised functions:

(a) Subsequent to an election, an initial cl aim up to a maximum va lue of $1500; and

(b) For each subsequent financial year subsequent to the init ial cla im being made, up to a maximum of $650.

(3) The Elected Members may be rei mbursed for clothing for use at authorised events and authorised functions:

(a) Subsequent to an election, an initial cl aim up to a maximum value of $1200; and

(b) For each subsequent financial year subsequent to the init ial cla im being made, up to a maximum of $600.

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~i CITY OF CANNING

(4) No clai m for clothing ca n be made in the fina l fina ncial year of an Elected Member's term (i.e. the period typical ly between July 1 and Oct ober of an elect ion year where the Elected Member's term is ceasing).

10. Reimbursement Arrangements

(1) Elected Members seeking re imbursement of expenses from the City under this Policy and other related policies must submit a claim form.

(2) The claim form shall, as applicable, be su pported by original receipts which satisfy the requi rements of the Austral ian Taxation Office. If an Elected Member cannot produce original receipts t hen the clai m form must be accompanied by a duly authorised statutory declaration.

(3) The CEO will implement admi nistrative procedures that wi ll facilitate the timely and transparent re imbursement of expenses to Elected Members.

11. Register

(1) The City wil l maintain a register on the City's website of Elected Members' Allowances, Payments and Reimbursements. The register will include details pertaining to reimbursements under this Policy.

(2) The register will detail re-imbursements by each Elected Member, and where relevant will reference matters such as date, amount, locat ion and purpose.

(3) The Register wil l also include all expenses borne by the City relating to Elected Member activities under policies EM.OS - Attendance at Events and EM.06 Elected Member & CEO Training and Professional Development.

(4) The register will be known as the Elected Members' Register of Al lowances, Payments and Re-imbursements.

GOVERNANCE REFERENCES Statutory Compliance Local Government Act 1995 s.5.98(2)(a), (b) s.5.98(3)

Local Government (Administration) Regulations 1996 r.31(1)(b}, r.32 Salaries and Allowances Act 1975 s. 7B Determination of the Salaries ond Allowances Tribunal for local government Chief Executive Officers and Elected Members c/8.2 Local Government Officers' (Western Australia) Interim Award 2011 cl.30.

Process links Members Expenses Claim Application Form

POLICY ADMINISTRATION Program responsible Officer Title

canning Community and Commercia l Director canning Community and Commercial

Version Decision Reference Meeting type and date Delegation No. (or N/A)

1 May2009 Policy reviewed N/A 2 25/2/2014 Policy redrafted and reformatted to new template N/A 3 OCM 18/3/2014 (CR-015-14) Adopted N/A 4 22 June 2015 Travel costs (Clause 6) updated following SAT N/A 5 September 2020 Substantial reformatting and revision to meet Ccuncil

and legislative requirement.

City of Canning Policy CM102.2 Elected Members and CEO Reimbursement of Expenses Page 5 of 5

Item CC-054-20 - Attachment 3 Policy EM.05 Attendance at Events - Draft

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G; CITY OF CANNING

POLICY

TITLE: ATTENDANCE AT EVENTS I CODE: I EM.OS

PURPOSE or To provide transparency and consider the purpose of, and benefits to the community from Elected OBJECTIVE: Members and the Chief Executive Officer attending events.

REFERENCE Local Government Act 1995* DOCUMENTS: Local Government (Administration) Regulations 1996"

Department of Local Government, Sport and Cultural Industries Operational Guideline -Attendance at events policy

CM 102.1 Elected Members Meeting Attendance and Other Allowances CM 102.2 Re- lmbursement of Expenses

*denotes Western Australian legislation and regulations as referenced in this policy

POLICY STATEMENT

Section 5.90A of the Local Government Act 1995 provides that a local government must prepare and adopt an Attendance at Events policy. This policy is made in accordance with those provisions.

The policy enables Elected Members to attend certain events as representatives of Council, where tickets, or invitations have been provided to the City as a gift, without restricting an Elected Member's ability to participate in Council Meetings. Certain gifts received by Elected Members and the Chief Executive Officer (CEO) are specifically excluded from the conflict of interest provisions. A gift that is received in accordance with this policy is excluded from the conflict of interest provisions.

1. Scope This policy applies to al l Elected Members and the CEO. This policy is not intended to provide guidance on t he acceptance of a gift.

2. Definitions

Accompanying Person

Act

Authorised Event

City of Canning Policy

The spouse or partner of t he Mayor (or of the Mayor's nominated representative), when t he Mayor has been invited to attend a function or event in an official ca pacity.

Local Government Act 1995 When an event an Elected Member is attending or performing a role in an official capacity in the following: {a) WALGA's Local Government Week fu nctions.

{b) Austral ian or West Austral ian Local Government events.

{c) Advocacy lobbying or Ministerial briefings.

{d) Events hosted by City of Canning based clubs or not for profit organisations.

{e) Meetings, hosted by the City, for clubs or organ isations within the City.

{f) City hosted ceremonies, funct ions or events.

{g) City hosted events with employees. {h) City sponsored functions or events.

{i) Cu ltural events/festivals within the City.

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~.,, -··. -· -·········-{j) Events run by Local, State or Federa l Government.

{k) Events run by schools within the City.

{I) Opening or launch of an event or facility within the City.

{ml Recognition of Service events.

{n) Where Mayoral or CEO representation has been officially invited.

CEO

City

{o) Where the Mayor and an accompanying person have been officially invited.

Chief Executive Officer of the City of Canning

Local Government of the City of Canning, as per the Act Division 2, Section 2.5

Council

Elected Member

The council of the City of Canning

{a)

{bl

An elector Mayor of the City of Canning; or

A Councillor on the council.

Mayor Person elected by electors of the district as Mayor to t he Council ofthe City of Canning.

Official Capacity Elected Members carrying out their role as per the functions defined in s.2.8 ors. 2.9 or s.2.10 of the Local Government Act 1995, and as such represent ing the Council of the City.

Regulations Local Government (Administration) Regulations 1996

3. Legislative Context

(1) Section 5.90A of the Act requires the City to prepare and adopt* a policy that dea ls w ith matters relating to the attendance of Elected Members and the CEO at events, including:

(a) The provision of tickets to events; and

{b) Payments in respect of attendance; and

(c) Approva l of attendance by t he local government and criteria for approval; and

(d) Any prescribed matter.

"Absolute majority required

(2) A policy or an amendment to the policy must comply with any prescribed requirements relat ing to t he form or content of a policy under this section.

(3) The CEO must publish an up-to-date version of the policy on the City's website.

4. Invitations or Tickets to Events

(1) Invitations or offers of tickets should be in writ ing and sent to the City.

(2) A ticket or invitation not sent to the City is not captured by this policy, and is subject to the gift and interest provisions of the Act, unless t he ticket or invitation is referred to the City to be considered in accordance with this policy.

(3) By way of legislation, invitations or offers of tickets from the following organisations are excluded from the conflict of interest provisions, but gifts from these sources (if over $300), must still be disclosed and published on the gifts register:

(a) WALGA (but not LGIS);

(b} Local Government Professionals Australia (WA);

(c) Austra lian Local Government Associa t ion;

(d} A department of the public service or statutory authority;

(e) A government department of another State, a Territory or the Commonwealth; and

(fl A local government or regional local government.

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~.,, -··. -· -·········-

(4) Any other invitation or offer of tickets not sent to the City not captured by this Policy, and must be disclosed in accordance with the gift and interest provisions of the Act.

S. Authorised Events

An authorised event is defined in Part 2 of this Policy. An authorised event also includes events listed at Attach ment 1. Attendance at an authorised event wi 11 exclude t he gift holder from the requirement to disclose an interest, if t he donor has a matter before Council and the ticket is above $300. However, receipt of the gift will still be requ ired under the gift register provisions.

6. Payments in Respect of Attendance

(1) Whilst consideration should be given to the nature of the City's re lationship with, and the location of the donor of the tickets, or the event, it is preferable for the City to pay for t ickets to t he event, rather than accept the gift (of free or discounted t ickets).

(2) Where an invitation or ticket to an event is provided free of charge, the City may reimburse appropriate expenses for attendance, such as t ravel and accommodation, in accordance with policy CM102.2 Re­imbursement of Expenses.

(3) For any events where a member of the public is requ ired to pay, unless previously approved and listed in Attachment 1, the Council, or its authorised representative, will determine whether it is in the best interests of the City for an Elected Member or the CEO, or another officer to attend on behalf of t he Council.

7. Approval of Attendance

(1) Authorised Events

(2)

(3)

Elected Members and the CEO may attend authorised events as defined in Part 2 and those events contained in Attachment 1 of this policy. By way of th is policy, and in accordance wit h the legislation, attendance at authorised events shall exclude the Elected Member from t he requirement to disclose an interest, if the donor has a matter before Cou ncil and the ticket value is above $300.

Non-aut horised events - located within the State of Western Austra lia

(a) Where an invitation or tickets to an event located within Western Austra lia are provided to the City free of charge, and not listed on Attachment 1 -Events authorised in advonce, the Council (or the CEO where delegated authority exists) is to determine if, and which Elected Members shall attend the event, subject to t he fol lowing conditions:

i. Events for the Chief Executive Officer are to be presented to Council and not determined under delegated authority.

ii. The CEO, when exercisi ng this delegation, is to take into consideration the cr iteria as outlined in part 7(4) of this policy.

iii. Approval under delegated authority must occur prior to the date of the event.

iv. Approval under delegated authority must be recorded on Attachment 1 - Events authorised in adva nce.

(bl Delegated authority to the CEO, if granted, is for the purpose of assisting and advising Elected Members to understand their obligations in disclosing interests at a meeting, and not intended to stop or prohibit any Elected Member from attending an event of thei r choice.

(c) Approval to attend events exercised under delegated authority shall exclude the Elected Member from the requirement to disclose an interest, if the donor has a matter before Council and t he t icket value is above $300.

Non-aut horised events - located inter-state or internationally

(a) A request for attendance by an Elected Member or the CEO to an event that is located inter-state or internationally, at the expense of the City, or is gifted free of charge, is to be subm itted to Counci l by

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way of a Not ice of Motion (or a report in the case of the CEO} and is to include t he relevance and anticipated benefit it wi ll have for t he Elected Member and the City.

(b) Where possible, the cost of registration, travel (if it involves flights or hire car) and accommodation will be booked and prepaid by the City in accordance with t he provisions of Policy CM102.2 -Reimbursements of Expenses.

(c) The City wi ll, on production of receipts, reimburse incidental travel and accommodation expenses incurred by an Elected Member in accordance with Policy CM 102.2 - Reimbursements of Expenses.

(d) Within 2 months after the event, Elected Members and the CEO are to submit a written post event report to Council, contain ing relevant observations and identifying benefits gained for the City. The report shall be presented at an Ordinary Council Meeting as a "Report ofDelegates".

(4) Criteria to be considered for non-authorised events

When considering requests for attendance at non-approved events (as contained in parts 7(2} and (3) above), the following shall be taken into consideration:

(a) Whether it is in the best interests of the City for an Elected Member or the CEO to attend on behalf of the City.

(b) Any justification provided by the Elected Member or CEO when the event is submitted for approval.

(c) The location of the event in relation to the City.

( d) The benefit to the City of the Elected Member or CEO attending.

(e) The benefit of City or local government representation at the event.

(f) The role of the Elected Member or CEO when attending the event (participant, observer, presenter).

(g) The number of invitations or tickets received.

(h) The cost to attend the event, including the cost of the ticket (or estimated va lue of the event per invitation) and any other expenses such as travel and accommodation.

8. Travel/Accommodation Expenses Associated with Attendance at an Event

(1) Elected Members and the CEO who are approved to attend an event as described in Part 7(1), (2) and (3):

(a) May be entit led to accommodation and/or travel in accordance with the provisions of Policy CM102.2 - Members Reimbursement of Expenses.

(b) May be entit led to claim reimbursement for expenses incurred in attending an event in accordance with the provisions of Policy CM102.2 - Members Reimbursement of Expenses.

(c) Required to submit a claim for any reimbursement of expenses in accordance with the provisions of Pol icy CM102.2 - Members Reimbursement of Expenses.

9. Publication of Register

(1) The City wi ll publish on its website a register that details the:

(a) Date;

(b) Locat ion;

(c) Cost; and

(d) Purpose;

of all events attended by Elected Members or the CEO, where t he City has incurred a financial expense. Such Register is to be able to identify costs and re imbursements for individual Elected Members and be updated not less than qua rterly.

(2) The Register is referred to as the Register of Elected Member's Allowances, Payments and Re-imbursements.

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'1; CITY OF CANNING

Attachment 1 - Events Authorised in Adva nce

Event Date of Event Approved Attendee/s Approved estimated Date of Council resolution contribution cost or CEO delegation

Canning Show November 2020 IA/I Councillors and partners 24 tickets@ $15ea CEO and partner Total cost $360

ATP Cup 1anuary 2021 MayarHa/1 1 ticket at $150

GOVERNANCE REFERENCES Statutory Compliance Section 5.90A of the Loco/ Govemment Act 1995 provides that a local government must prepare and

adopt an Attendance at Events policy. Regulations 20B of the Local Gavemment (Administration) Regulations 1996 prescribes gifts that are excluded from the disclosure of interest provisions.

Process Links Nil

POLICY ADMINISTRATION Program responsible Officer Title

canning Community & Commercial Executive Manager Governance

Version I Decision Reference Meeting type and date I Delegation No. (or N/A)

1 I New Policy I 475

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G; CITY OF CANNING

POLICY

ELECTED MEMBER & CHIEF EXECUTIVE OFFICER EM.06 TITLE: CODE:

TRAINING AND PROFESSIONAL DEVELOPMENT

PURPOSE or To provide training and development opportunities for Elected Members and t he Chief Executive OBJECTIVE: Officer, and ensure the City of Canning meets its legislat ive responsibility relati ng to tra ining and the

adoption of a policy for this purpose.

REFERENCE Local Government Act 1995*

DOCUMENTS: Local Government {Administration) Regulations 1996*

Public Service Award 1992*

Policy CM102.2- Reimbursement of Expenses

*denotes Western Australian legislation and regulations as referenced in this policy

POLICY STATEMENT

In the interest of ensuring Elected Members understand their obligations as Elected Members, make well informed decisions and effectively represent their constituents, the City of Canning (the City) is committed to the ongoing development of Elected Members' professional skills.

This policy provides for a consistent and equitable approach for Elected Members and the Chief Executive Officer {CEO) to access development opportunities, including the mandatory Council Member Essentials and any other appropriate training and development activities relevant to their roles and functions.

By way of this policy, Council endorses approved training providers recognised as providing relevant and suitable training that all Elected Members and CEO can readily access. Additionally, the policy identifies the process for Elected Members who wish to undertake training by a non-approved training.

1. Scope

This policy applies to all Elected Members and the CEO of t he Ci ty of Canning.

2. Definitions

Act

cw

City

Council

Elected Member

local Government Act 1995

Chief Executive Officer of the City of Canning

Local Government of the City of Canning, as per the Act Division 2, Section 2.5

The Council of the City of Canning

(a) An Elector Mayor of the City of Canning; or

(b} A Council lor on the Council

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~., -··. Mayor A person elected by electors as Mayor of the district to t he Council of the City of

cann ing.

Professional Development Learning opportunities relevant to the role and function of a loca l government Elected Member. Includes personal development such as undergraduate and post graduate studies, short courses, study tours, conferences, sem inars, forums, or si milar events that wi ll assist an Elected member in their broad civic leadersh ip role.

Local Government (Administration) Regulations 1996 Regulations

Training Undertaken by way of, but not limited to: courses, forums, workshops, meetings, study tours, information and training sessions, and events related to the industry of local government.

3. Council Member Essentials (Mandatory)

(1) Section 5.126 of the Act, and Regu lation 35 requires newly Elected Members and those re-elected to undertake mandatory training. The tra ining consists of 5 modul es:

(a) Understanding Loca l Government;

(b) Serving on Council;

(c} Meeting Procedures;

(d} Conflicts of Interest; and

(e) Understanding Financia l Reports and Budgets.

(2) As this training is a mandatory requirement for Elected Members, al l expenses incu rred (including registration, accommodation, meals and travel} sha ll be borne by the City and sha ll be funded outside of the Elected Member training al location identi fied in Part 8(2) of this Policy.

4. Approved Training Providers

The following organisations are approved by Council, by way of this pol icy, as being entities who provide suitable training courses and opportunities re levant to the roles and responsibilities of an Elected Member and a CEO:

(1) The Australian or Western Australian Local Government Associations {ALGA/ WALGA};

(2) LG Professionals WA;

(3) Australian Institute of Management;

(4) Australian Institute of Company Directors;

(5) Public Sector Commission; and

(6) Media Training relative to the Mayor.

5. Request for Training

(1) Approved Tra ining Providers

Elected Members wanting to undertake train ing from an approved training provider listed in Part 4, may submit a request to the CEO, identifying the training provider and t he details of the course they wish to undertake.

Such requests shou ld be lodged in reasonab le time to meet the registration deadline, and preferably to meet any 'early-bi rd' registration deadlines.

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Non-Approved Train ing Providers

Elected Members and the CEO requesting to undertake tra ining by a provider that is not listed in Pa rt 4 of this pol icy, are requ ired to submit a request outlin ing the anticipated benefits of the training to their role, and quantify estimated expenses, including accommodation, trave l and incidental expenses .

Such requests shou ld be lodged in reasonable time to meet the registration dead line, and preferably to meet any 'early-bird' registration deadlines.

Requests for tra ining from non-approved providers are to be submitted to the Mayor who wi ll consu lt with the CEO in determ ining such requests .

(3) Non-Approved Trai ning Located Interstate or Internationally

Elected Members and the CEO requesting to undertake training by a provider that is :

(a) Not listed in Part 4 of this pol icy; and

(b) The training is located inter-state or internationa lly;

is required to submit a Notice of Motion (or Counci l Report in the instance of the CEO), seeking the approval of Council. The Notice of Motion or Council Report is to include the anticipated benefits and an outline of estimated expenses.

6. Approval of Training Requests

(1) Approvals Relating to Approved Training Providers

Requests for training in accordance w ith Part 5(1) - Approved Training Providers are approved, by way of th is policy, provided the respective Elected Member or CEO has sufficient budgeted funds avai lable.

If the CEO determines that the respective Elected Member has exhausted their budget allocation, and the Elected Member is insistent in the ir request for tra ining, the Elected Member is required to seek the approval of Counci l, by way of a Notice of Motion .

(2) Approvals Relating to Non-Approved Train ing Providers

The Mayor, in consultation with the CEO shal l determine req uests for training lodged in accordance with Part 5(2) - Non-Approved Training Providers. In the case of the Mayor dete rmination will be by the CEO, or in the case of the CEO, the Mayor.

In determining these requests for train ing, the Mayor and the CEO sha ll take into consideration:

(a) lfthe req uested training is relative to the role and function of an Elected Member.

(b) The benefits and justification of the training as outlined by the Elected Member.

(c) The requested training is being conducted by an accre dited institution.

(d) Sufficient budget allocation exists for the Elected Member.

If an Elected Member is dissatisfied with a decision made by the Mayor and the CEO, the Elected Member is requ ired to seek the approval of thei r training request from Council, by way of a Notice of Motion.

(3) Approvals Relating to Non-Approved Train ing Located Interstate or Internationally

Council is to determine requests for train ing submitted in accordance with Part 5(3) - Non-approved Trai ning located inter-state or internationa lly. In determining these requests for training Council should consider:

(a) If the requested training is relative to the role and function of an Elected Member.

(b) The benefits and justification of the training as outlined by the Elected Member.

(c) The requested tra ining is being conducted by an accre dited institution.

(d) Sufficient budget allocati on exists for the Elected Member.

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(e) That approval of attendance does not impede a quorum at any scheduled Council or Committee meeting.

(f) Generally, no more than two Elected Members are to attend training outside Western Australia at the same time, unless Council resolves for additional Elected Members to attend.

(g) Within 2 months after attending the training, Elected Members and the CEO are to submit a written report to Council, containing relevant learnings and identifying benefits gained by the Elected Member/CEO. The report shall be presented at an Ordinary Council Meeting as a "Report of De I egates".

7. Training Registration/Bookings and Expenses

Subject to the appropriate approval as detailed in Part 6 being granted, the fo llowing expenses may be met:

(1) Registration/ Bookings

(a) Registration fees and bookings relating to airfares and accommodation are to be arranged and paid for by the Administration . Elected Members or the CEO are not to pay such costs and seek reimbursement, except in the case of an emergency or unique circumstances provided the CEO or the Mayor have been notified in advance.

(2) Trave l

(a) Reasonable means of transport to and from the training venue is to be claimed by reimbursement and Policy CM102.2 - Members Reimbursement of Expenses applies.

(b) Air travel, if required, will be in accordance with Policy CM102.2 - Members Reimbursement of Expenses.

(3) Accommodation

(a) Reasonable accommodation for a room at, or in close proximity to the venue wil l be permitted for training. It is acceptable for attendees to arrive the day prior to the start of the training and depart the day following the close of the training, if it is not reasonable to expect travel to occur on the days of the training. Policy CM102.2 - Members Reimbursement of Expenses provides further guidance in this regard.

(4) Meals and Incidental Expenses

(a) Instances where meals are not included in the registration or booking, the City shall re imburse the Elected Member or CEO either, for the actual cost of meals and incidenta l expenses claimed, or in accordance with the Public Service Award 1992 Schedule I - Travel ling, Transfer And Relieving Allowance, whichever is the lesser amount. Policy CM102.2 - Members Reimbursement of Expenses applies.

(5) Trave l Insurance

(a) Elected Members and the CEO qua lify for cover under the City's travel insurance for the duration of their travel (that relates to Council business), however it may not be adequate for their own personal level of health and eligibility. Elected Members and the CEO should make their own enquiries into the City's Corporate Travel Insurance Policy so that they can make any alternate decisions or arrangements if need be.

8. Publication of Register and Report on Training

The City will publish on its website a register that details the:

(1) Date;

(2) Location;

(3) Cost; and

(4) Purpose;

of all training attended by Elected Members and the CEO. Such Register is to be able to identify all costs and re imbursements for individual Elected Members and be updated not less than quarterly. This register will be referred to as the Elected Member's Register of Allowances, Payments and Re-imbursements.

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~i CITY OF CANNING

9. Financial / Budget Implications

To facil itate Elected Members and the CEO attend approved training, Council wil l consider the fo ll owing when prepa ring the annual budget:

(1) Sufficient funds to be budgeted for newly Elected Members to undertake the Council Member Essentials mandatory training.

(2) Each Elected Member to rece ive an annual allocation of $3,500 (in addition to Part 9(1) above) for training and professional development opportunities as outl ined in this policy.

(3) Elected Members may aggregate the current and fol lowing financial year annual allocation, referred to in Part 9(2) above, over a two year period, to attend train ing where fees exceed $3,500.

(4) The annua l allocation referred to in Part 9(2) above, if not used, does not accumulate .

(5) Sufficient funds to be budgeted for training organised by the CEO which requ ires all Elected Members to attend, whether it be in-house or at anothe r location, and that this training does not impact on the annua l allocation fo r each Elected Member referred to in Part 9(2) above.

(6) Elected Members who wish to undertake tra ining that exceeds their annual allocation, may, with the joint approval of the Mayor and the CEO agree to personally meet the additional cost that is over and above their remaining budgeted al location.

GOVERNANCE REFERENCES Statutory Compliance Section 5.126 of the Local Government Act 1995- Mandotory training.

Regulation 35 of the Administration Regulations - modules of the mandatory training and the time required to complete.

Process links Nil.

POLICY ADMINISTRATION Program responsible Officer Title

Canning Community & Commercial Executive Manager Governance

Version I Decision Reference Meet ing type and date I Delegation No. (or N/A)

1 I New Policy IN/A

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Item CC-054-20 - Attachment 5 Policy CM104 Members - Attendance at Conferences & Courses (Adopted 15.4.2014)

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POLICY

TITLE: MEMBERS· ATTENDANCE AT CODE: CM104 CONFERENCES & COURSES

PURPOSE or To define the parameters and eligibility of members attending conferences OBJECTIVE:

REFERENCE DOCUMENTS: Local Government Act 1995

POLICY STATEMENT

The City of Canning encourages and permits members, at the City's expense, to attend conferences relevant to the functions of the City, or West Australian local government, subject to the conditions outl ined in this policy.

1. Scope This policy applies to members attending conferences.

2. Definitions

members

conferences

attendance cost

WA LGA

means a person elected and holding valid office under the Local Government Act 1995 as a member of the council of the City of Canning.

include functions , seminars , training and/or study courses which in the opinion of the Council , mayor or CEO - as the case may be - will benefit the City.

includes registration costs or fees , associated social prog rams, travel , meals and accommodation.

Western Australian Local Government Association

3. Conferences Within 600km of Perth Metropolitan Area (1) A request for attendance by a member at a conference at the expense of the City is subject to the prior

approval of the mayor or CEO.

(2) Other than the Annual Conference of WAL GA the City will not fund or reimburse the cost of attendance by a partner of a member at a conference or an associa ted socia l function . There are no restrictions on the number of members that are permitted to attend WALGA's Local Government Week functions.

(3) Members are entitled to claim expenses for travel at the rate or similar circumstances set out under Part 8, Section 30 of the Local Government Officers ' (Western Australia) Interim Award 2011. (Refer table Clause 5)

(4) Members are entitled to claim accommodation expenses for conferences 50 kms or more from the Perth Central Business District.

(5) A member attending a conference in the Perth Metropolitan area is entitled , on proof of a receipt, to claim the cost of a taxi fare to and from his or her place of residence and the conference venue for each day of the conference.

(6) A member making a claim for reimbursement of travel and accommodation costs must do so with a claims form and procedure determined by the City's Finance branch.

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4. Conferences Outside 600km from Perth

5.

(1) A request for attendance by a member al a conference at the expense of the City is lo be submitted to Council and include the relevance and anticipated benefit ii will have for the member, the City or WA local government.

(2) Where possible the cost of registration , travel and accommodation will be prepaid by the City. The City will, on production of receipts , reimburse incidental travel and accommodation costs incurred by a member.

(3) A member making a claim for reimbursement of intra/interstate travel and accommodation costs must do so with a claims form and procedure determined by the City's Finance branch .

(4) Officers recommending the accompaniment of an elected member(s) at a conference must ensure all members are given equal and timely advance notice of the event.

(5) Elected member(s) and/or officer(s) must each submit, within 2 months after the event, a written post­conference report containing relevant observations and identifying benefits gained for the City.

Maximum Travel Expense Reimbursement (as from 17 June 2015) Travel Costs - Metro Area

(from 17 June 2015)

Motor vehicle - Over 2600cc Over 1600cc to 2600cc 1600cc and under

Motor cycle -

93.97 cen ts/km 67.72 cents/km 55.85 cents/km 32.55 cents/km

GOVERNANCE REFERENCES Statutory Compliance Local Government Act 1995 s.2.8.to 2.10. Process Links 1. Travel & Accommodation Claim Procedure (TRIM: ..................... .

2. Travel & Accommodation Claim Form (TRIM: ... . ............ )

POLICY ADMINISTRATION Directorate Officer Title Authority to Approve Corporate Services Director Corporate Services Council

Version Decision Reference s...-,oosis Deleaation No: 549 1 May2009 Policy reviewed 2 25/2/2014 Policy redrafted and reformatted to new template 2 OCM 15/4/2014 (CR-016-14) Adopted 3 29/6/2015 Travel Reimbursement (Clause 3(3) and Table (Cl.5) amended administratively

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Item CC-054-20 - Attachment 6 Policy CM118 Employee Training (Adopted 26.6.2014)

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POLICY

TITLE: EMPLOYEE TRAINING CODE: CM118

PURPOSE or To facilitate the training and development of employees in areas that are of mutual benefit OBJECTIVE: for the City and its employees

REFERENCE 1. The City of Canning All Staff Enterprise Agreement 2013

DOCUMENTS: 2. The Fair Work Act 2009

POLICY STATEMENT

The City of Canning supports employees attending training related to their employment, to improve their skills and provide a promotional career path within the organisation.

1. Scope This policy applies to people em ployed by the City.

2. Definitions

employee means a person employed by the City of Canning, whose employment falls under the provisions of the City of Canning All of Staff Enterprise Agreement 2013

includes functions , seminars, conferences and/or study courses training

attendance cost includes training registrat ion costs or fees, and associated soc ial programs, travel, meals and accommodation

branch means a business unit within the City of Cann ing 's administrative organisational structure

3. Applications and Approvals

(1) Employees may apply to attend external training.

(2) All applicat ions to attend external training are subject to the approval of the relevant Director or CEO, on the recommendation of the employee 's immediate supervisor.

(3) Sub-paragraph (2) applies subject to anything stipulated by in the relevant employee 's position description, employment contract or annual performance review documentation ,

(4) Training must be relevant to the employee's current position or any possible future position with in the City.

(5) In general, train ing funded or sponsored by the City wi ll only be approved where fund ing is ava ilable in the current financial year budget.

(6) Attendance at all external training held outs ide Western Austral ia is subject to the approval of the CEO, or a relevant employee delegated by the CEO to grant that approval.

4. Funding, Travel and Reimbursement of Expenses

(1) Attendance costs will be prepaid by the City where poss ible.

(2) All air travel is limited to 'economy class' passage where practicable.

(3) The City wi ll endeavour to provide transport to externa l tra ining held with in 500kms of the City.

(4) An employee may seek reimbursement from the City for the distances they reasonably travel in their personal vehicle to attend a training event.

City of Canning Policy CM118 EMPLOYEE TRAINING Page 1 of 2

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(5) An employee is entitled to be reimbursed by the City for attendance costs associated with approved external train ing that an employee reasonably incurs. To receive a re imbursement employees must:

a . complete a cla im form, and follow any procedure set by the City's Finance Branch ; and b. provide detailed receipts/proof of purchase to substantiate the costs they incurred.

5. Post-attendance Report An employee who attends training funded or sponsored by the City must complete a post-attendance report outlin ing the benefits of the externa l tra ining within 2 weeks of attending the external training.

GOVERNANCE REFERENCES Statutory Compliance Local Government Act 1995 s.5.41 Process Links Nil

POLICY ADMINISTRATION Directorate Officer Title Authorityto Approve Corporate Services lli1anager Organisational Development & HR CEO

Version Decision Reference Swioosis Deleaation No: 1 lli1ay 2009 Policy reviewed 2 SCM 26/6/2014 (CR-040-14) Adopted

City of Canning Policy CM118 EMPLOYEE TRAINING Page 2 of 2

Item CC-054-20 - Attachment 7 Policy CM151 Corporate Wardrobe (Adopted 12.5.2009)

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Policy Type: Adm inistralive

Date Ado ted: 12 Ma 2009

Legal (Parent): 1. Minimum Cond itions of Employment Act 1993. 2. Building Trades Award 1968. 3. Metal Trades Award 1992. 4 . Industrial Relations Act 1988. 5. City of Canning Leisure Facil ities Collective

Agreement. 6. City of Canning & Salaried Officers Collective

Agreement 2007. 7. Residentia l Aged Care (Hostels) Award 2002. 8. City of Canning & Outside Workforce Union

Collective Agreement 2008.

f !1 II ti e.. ■ a1 I .rn'i'fl.lTil" ___ _..,._....

Title : CORPORATE WARDROBE

Legal (Subsidiary): 1.

Objective: To reflect a professional public profile through standard of dress. To develop a consistent approach of corporate dress throughout the total organisation. To offer quality clothing to employees as an alternate to wearing personal clothing and to develop a sense of belonging. To realise cost and time efficiencies in the administration of a corporate wardrobe . To provide appropriate protective clothing and footwear for employees.

1.0 General Principles

1.1 This Policy covers the following specific areas:

(a) Mayor, Councillors and Executive Officers (b) All Administration Staff (this is regardless of where staff are located , i.e. Aged Care

Services, Recreational Facilities etc). (c) All staff located in the Admin istration Building , regardless of whether they work internal or

externa l, i.e. Environmental Health Officers, Pest Control Operators etc. (d) Patrol and Security Staff. (e) Outside Workforce (Parks, Engineering , Workshop, Cleaning, Waste Maintenance). (f) Leisure Facilities . (g) Aged Care and Catering Services.

1.2 Uniforms/Corporate Wardrobe are compu lsory in the fol lowing areas :

(a) Patrol and Security Services. (b) Outside Workforce. (c) Riverton Leisureplex - Casual Staff only. (d) Administration Building - All Front Counter staff {this includes: Switchboard Operator,

Information Officers, Rate Officers and Cashier).

1.3 Uniforms/Corporate Wardrobe are non compulsory in the following areas:

(a) Mayor, Councillors and Executive Officers (b) All Adm inistration Staff, excluding Employees detailed in 1.2(d). (c) All Staff located in the Administration Building - regardless of whether staff work , internal

or external. (d) Aged Care and Catering Staff.

1.4 With the exception of Casua l Staff at the Riverton Leisu replex, all other staff will not be eligible for a uniform subsidy (compulsory or non-compulsory) until their probationary period has been successfully completed.

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1.5 When ordering initial garments , it is a requirement of the Australian Taxa tion Department that employees purchase one complete outfit to qua li fy for tax deductibility. After this initial purchase, any number of additional items may be purchased .

1.6 Laundry and dry-cleaning costs are tax deductible for employees.

1.7 Uniform/Corporate Wardrobe items may be purchased on an annual basis.

New employees who have successfully com pleted their probationary period will be given the opportunity to pu rchase garments at this time.

1.8 Categories - Corporate wear is divided into five categories. Officers may have access to more than one category depending on the requirements of their position.

Category A Category B Category C Category D Category E Category F

2.0 Subsidy

Mayor and Councillors Corporate Formal Corporate Smart Casual Specific Smart Casual Corporate Blue Collar Footwear

2.1 Where a uniform/corporate wardrobe/footwear is deemed compulsory, the City will bare the cost of the garments to a specified cost per person (a subsidy). This is with exception of casual employees at the Riverton Leisureplex.

2.2 Additional garments outside the subsidized amount, shall be purchased at the employee's own cost.

2.3 The subsidy is not cumulative.

2.4 The subsidy is provided on a financial year basis.

2.5 The uniform subsidy is only available for staff who are fu ll-time or part-time and have completed their probationary period. This is with exception of casua l employees at the Riverton Leisureplex.

2.6 Where employees have access to more than one category of corporate wear, only one subsidy will apply.

2.7 Category A - The Mayor and Councillors will be ful ly reimbursed for the initial purchase of a Council uniform to the maximum value of $600, thereafter a reimbursement to maximum of $300 for each subsequent purchase of any component of the uniform per annum.

Category B - $350 in itial subsidy in the fi rst year of service, providing the employee contributes a minimum of $100. Subsequent years up to a maximum of $250 subsidy will be paid, provided that the employee also contributes an equal or greater amount.

Employees detailed in 1.2(d) that are required to wear a complusory Uniform will be provided with the fol lowing:

Initial Allocation :

Ladies Wear 1 x Jacket or Cardigan 5 x Shirts 5 x Skirts or Trousers

Mens Wear 1 x Jacket or Caridgan 2 x Trousers 5 x Shirts 3 X Tie

Administrati ve Pol icies

3 Styles 4 Styles 4 Styles

1 Style 2 Styles 2 Styles 2 Styles

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Subsequent Years:

An allocation of $600 per annum. Part lime employees will be given a pro-rata allocation of the initial and subsequent years allocation based on their hours of work.

New Employees detailed in Clause 1.2(d) will not be eligible for the in itial allocation until the satisfactory completion of their probationary period. Employees detailed in Clause 1.2(d) that are granted the initial allocation and terminate prior to the completion of twelve months may be requested lo reimburse the cost of the uniform at the discretion of the Chief Executive Officer.

Category C - No subsidy provided . Items from this range are purchased using subsidies from either Category B or Category E.

Category D - Leisure Employees - employees elig ible for Category B will purchase specific items using their Category B subsidy. Casual employees will receive no subsidy for the purchase of polo shirts. Part-time/full-time employees not eligible for Category B subsidy will have their range of clothing subsidized to the value of $150 and an annual subsidy of $100 wil I apply.

Category D - Patrol and Security Employees - employees in this category wi ll receive their uniform fully subsidized to the value of $500. An ongoing annua l allocation of $200 for replacement garments will apply.

Should a Patrol and Security employee terminate within the first nine months of service, they must replay the cost of the uniform in full.

Category E - This category is fully subsidized to the value of $350 per employee in the first year of service. An ongoing annual subsidy of $200 will apply.

Category F - Those employees eligible for Category E subsidy are able to purchase approved safety footwear to the value of $200 during their first year of service. An ongoing subsidy of $150 for every alternate year of service will apply.

Where safety footwear has become damaged and unserviceable due to no fault or neg lect of the employee, footwear will be replaced under the above guidelines.

3.0 Conditions

3.1 All apparel must only be worn whilst on official business for the City. It is acceptable that employees must travel and may do peripheral personal business whilst wearing corporate apparel (i. e. shopping at the shops on the way home).

3.2 Employees must wear supplied footwear {if eligible) whilst working on Council property.

3.3 Apparel must be worn in its entirety and may not be mixed with personal clothing or items deemed deleted or obsolete from the selection of garments.

3.4 All items of clothing must display the Council logo.

3.5 The Council will not re-purchase items of apparel from employees under any circumstances.

3.6 Apparel must be worn in a manner to which it was intended. Employees are not to alter garments (beyond making them fit correctly i.e. length) in order to make them more fashionable or wear them in a manner that detracts from the corporate image.

3.7 Accessories worn by employees must be appropriate for the role of the employee, with all consideration given to the safety and health of the individual. Employees are expected to present themselves in a professional manner only wearing accessories that do not detract from the intended overall corporate image.

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4.0 Accountability

4.1 Managers of departments/ business units are responsible for the correct applica tion of the Policy.

4.2 The Manager Human Resources will coordinate a periodic review of the apparel items and the relevant Management Practice.

4.3 Changes to the Policy are subject to the approval of Council.

4.4 No unauthorised items of uniform / corporate wardrobe may be developed , ordered or purchased without the approval of the Chief Executive Officer/Manager Human Resources. Purchase Order Numbers may ONLY be given out and authorised by Human Resources, no other accounts wi ll be paid.

This includes items of clothing purchased for specific events or functions.

4.5 No unauthorised use of the City's logo or crest may be used on authorised or unauthorised items of apparel.

4.6 Breaches of the Policy are subject to disciplinary action.

5.0 Coordination

5.1 All uniforms and corporate wear will be coordinated through the Corporate Services Secretary and the Health and Safety Adviser.

5.2 The following sections will supply an employee representa tive to assist with the administration , coordination and distribution of purchased apparel in their area:

(a) Leisure Facilities (b) Aged Care Services (c) Finance and Client Services (Administration) - Divisional Secretary (d) Strategic and Regu latory Services (Administration) - Divisional Secretary (e) Community Services (Administration)- Divisional Secretary (f) Patrol and Security Services (g) Engineering and Technical Services - Divisiona l Secretary

6.0 Cleaning and Upkeep of Garments

6.1 Employees are responsible for ongoing alterations and repair of any garments pu rchased .

6.2 It is the responsibility of the individual employee to maintain the cleanliness and appearance of the apparel at all times and at their own cost.

6.3 Where a garment is proven to be faulty, that garment shall be replaced with no cost to the employee.

7.0 Footwear

7.1 With the exception of employees elig ible for a footwear subsidy, all employees must provide at their own cost, appropriate and safe footwear for the cond itions in which they work,

7.2 Employees in the fo llowing areas are elig ible for a footwear subsidy:

(a) Parks (b) Construction (c) Waste Services (d) Workshop (e) Property Maintenance (f) Cleaning Services (g) Golf Course (h) Health and Safely (Required to perform field duties) (i) Health Services (Required to perform field duties)

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(j) Building and Planning (Required to perform field duties) (k) Engineering - Tech Services (Required to perform field duties) (1) Stores (m) Patrol and Security Services (n) Managers and Supervisors of the above areas

7.3 Employees may chose footwear from an approved range only.

7.4 The employee will cover any additional costs over and above the subsidy provided, unless there is a medical reason for specialised footwear (supported by a registered medical practitioner - see Policy No CM114). In which case the total cost will be covered.

7.5 Replacement of damaged footwear may be approved by the Manager Human Resources.

7.6 Application from employees not included on the footwear list may be considered by the Manager Human Resources on a case by case basis.

8.0 Categories

8.1 Category A (Mayor and Councillors) - Pursuant to Section 5.98(4) of the Loca l Government Act 1995, the Mayor and Council lors will be reimbursed for the purchase of a jacket/blazer and tie/scarf, however may purchase addit ional items from the Corporate Formal range if desired . Council Members' jackets/blazers will be em broidered with the City's Crest as opposed to the City logo.

8.2 Category B (Corporate Formal) is basically designed for adminis trative employees. It is a formal look incorporating suits and high ly tailored garments made from fine fabrics .

Category A range will comprise of:­

Ladies Wear Jacket Shirts Skirts Pants Dress Twin Set

Mens Wear Suit Jacket Suit Trousers Shirts T ie

3 Styles 4 Styles 4 Styles 3 Styles 2 Styles 1 Style

1 Style 2 Styles 2 Styles 2 Styles

8.2 Category B (Corporate Smart Casual) is designed for employees who work in ro les that require them to sometimes work outdoors in a supervisory/advisory role or attend meetings of a less formal nature. The garments are of an easy wear nature and are made of moderately sturdy material.

Category C range will comprise of:-

Ladies Wear Polo Shirt 2 Styles

2 Styles 2 Styles 1 Style 1 Style

Smart Casual Pants Smart Casual Shorts Bomber Jacket Cap with Badge

Mens Wear

Administrative Policies

Polo Shirts 2 Styles Smart Casual T rousers 2 Styles Smart Casual Shirt 2 Styles Smart Casual Shorts 2 Styles Bomber Jacket 1 Style Cap with Badge 1 Style

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8.3 Category D (Specific Smart Casual) is a range of semi casual wear designed for specific areas of the Councils operation although it may include items from the Category B range. Items in this category may display the individual areas logo i.e.: Leisureplex and may also be in non-corporate colours. Again the garments are designed for easy wear and durability.

Leisure Facilities

Ladies Wear Polo Shirt Smart Casual Shorts Smart Casual Pant

Mens Wear

2 Styles (with specific logo) 2 Styles 2 Styles

Polo Shirt 2 Styles (with specific logo) Smart Casual Shorts 2 Styles Smart Casual Trousers 2 Styles

Casual Staff (male and female) Polo Shirt 2 Styles (with specific logo)

Lifeguards Polo Shirt Shorts

Aged Care

Ladies Wear Polo Shirt Cullotts Smart Casual Shorts Utility Skirt Action Back Shirt Apron Cap with Badge Jumper

Mens Wear Polo Shirt Smart Casual Shorts Smart Casual Trousers Apron Cap with Badge Jumper

Patrol and Security

Mens and Ladies Wear Shirt with badges Trouser I Pants Jumper

Administrative Policies

Bomber Jacket Water proof Jacket Cap with Badge Tie

1 Style (Life Guard signage) 1 Style (special fabric)

2 Styles 1 Style 2 Styles 2 Styles 2 Styles 1 Style 1 Style 1 Style

2 Styles 2 Styles 2 Styles 1 Style 1 Style 1 Style

1 Style 1 Style 1 Style 1 Style 1 Style 1 Style 1 Style

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8.4 Category E (Corporate Blue Collar) is designed specifically for heavy work. It is made of tough easy wear/wash material which has damage resistan t qualities for durability. The range of garments are limited, however they are easy fit and suit most body shapes.

Mens and Ladies Wear Shirt Trouser I Pants Jumper Bomber Jacket Polo Shirt (High vis.)

2 Styles 1 Style 1 Style 1 Style 2 Styles

8.5 Category F (Footwear) is provided for primarily safety reasons to safeguard employees from harm or injury during the course of their normal work.

Shoes/ Boots Various approved Styles

9.0 Name Badges

9.1 Other than temporary / paper type badges, all name badges will be approved by the Chief Executive Officer or Manager Human Resources and will display the City Logo.

10.0 Renewal/Review

10.1 An annual order will be placed for uniforms. There will be an opportunity for staff to try garments on and experience various styles and fabrics.

10.2 Items will be periodically removed or added to the range of apparel. Items will stay 'current' for a minimum of two years after the last garments are provided to staff.

10.3 The Manager of Human Resources is responsible for the overall coordination and administration of the organisation corporate wardrobe.

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Item CC-054-20 - Attachment 8 Policy CM187 New Councillor - Induction (Adopted 12.5.2009)

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Policy Type: Adm inistralive

Date Ado ted: 12 Ma 2009

Legal (Parent) : Legal (Subsidiary) : 1. Local Government Act 1995 (as amended)

Section 2.10.

Title : NEW COUNCILLOR - INDUCTION

Objective: To ensure all new Councillors are made aware of the City's policies and practices that are applicable to their position and the requirements of Section 2.10 of the Local Government Act 1995 bein "the role of Councillors".

1.0 As soon as practicable, after the Election date, the Chief Executive Officer is to hold an Induction for new Councillors.

2.0 The Chief Executive Officer is to confirm all items detailed on the Induction checklist have been covered as part of the Induction process. Once all items on the Induction Check list has been completed, the form is required to be authorised by the Chief Executive Officer and retained in Corporate Services.

3.0 Elected Members may be requ ired to undertake a Records Awareness Induction wi th the City's Senior Records Officer.

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Item CC-054-20 - Attachment 9 Policy GM.02 Disclosure of Gifts Benefits Hospitality and Sponsorship (Adopted 19.4.2016)

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POLICY

TITLE: DISCLOSURE OF GIFTS, BENEFITS,

CODE: GM.02 HOSPITALITY AND SPONSORSHIP

PURPOSE or 1. To establish guidelines for appropriate conduct in circumstances where members and/or OBJECTIVE : designated employees are offered gifts, benefits, hospitality, sponsorship or are granted awards

or win prizes in the course of their official duties or while attending functions as council representatives, and 2. To facilitate public access to disclosures by publishing them on the City of Canning website

REFERENCE Local Government Act 1995 DOCUMENTS: Local Government (Administration) Regulations 1997

Local Government (Rules of Conduct) Regulations 2007 Local Government (Elections) Regulations 1997 City of Canning - Code of Conduct (D14/210936)

POLICY STATEMENT

To promote transparency and accountability and to enhance safeguards against a member or employee making improper use of his office to directly or indirectly gain an advantage for him or herself or any other person - or to cause detriment to the City or any other person - registers of all offers of gifts, benefits, hospitality and sponsorship will be kept and made available on the City website in accordance with this policy.

1. Scope This Policy applies to all members and designated employees.

2. Definitions

acceptance

Act

benefit

electoral gift

employee

gift

hospitality

monetary gift

member

notifiable gift

City of Cannino Policy

means the date the gift was offered or received, not the date of the event or function.

means the Local Government Act 1995 and associated regulations.

means an item believed to be of value to the receiver such as : • access to a sporting event • preferential treatment • access to confidential information , • accommodation • pleasure or vacation trips.

has the meaning defined in Regulation 30A of the Local Government {Elections) Regulations 1997

means a designated employee as defined in Section 5.74 of the Act.

means a voluntary transfer of something of value without the expectation of receiving something in return. It includes - but is not restricted lo - tickets , vouchers , flowers , confectionary, or personal accessories.

means where a meal or service is offered which has a value and is not connected to official council business or part of an accepted meal at a conference or seminar.

means cash, cheques, gift cards, frequent flyer points , bonus rewards points , money orders, trave llers cheques, direct deposits and lottery tickets.

a person elected and holding valid office under the Act as a member of the council of the City of Canning .

means a gift of value between $50 and $300 or 2 or more gifts from the same donor within a 6 month period where the combined value is between $50 and $300.

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- -6 month period where the combined value is $300 or more.

sponsorship means a gift in the form of a discount, subsidy or contribution to the fu ll cost of a thing or event.

statutory disclosure means an interest a member or designated employee is required to disclose under the Act, with the exception of interests - other than financial interests - declared at council and committee meetings where the interest is minuted and the minutes are published or made available on the City website.

token gift means a gift of such a nature and value tha t it could not reasonably be regarded as capable of influencing any action or decision in relation a matter.

value means the face value or estimated retail value.

3. Obligations and Responsibilities (1) Members and employees when receiving, or presented with an offer of receiving , any gift, benefit or

hospitality must ensure the following requirements are considered and addressed: (a) a high standard of probity and accountability is maintained; (b) legislative requirements and community expectations are met; (c) council activities are not influenced , or perceived to be influenced by, the receipt of gifts, benefits or

hospitality; (d) gifts that are accepted or declined are properly disclosed in accordance with clause 4.

(2) Members and employees must: (a) at all times be ethical, transparent, fair and honest in the conduct of official duties; (b) be aware that corruptly receiving a gift, including a benefit, hospitality or sponsorship, is an offence

under the Act; (c) be fully accountable and responsible for their actions and ensure that the methods and processes used

to arrive at decisions are beyond reproach and able to withstand scrutiny; (d) not pose a conflict of interest with their performance as a member or employee; (e) not seek, solicit or use their position to obtain gifts or benefits from external organisations or persons; (f) ensure that a person or organisation is not placed in a position where they feel obliged to offer gifts,

benefits, hospitality or sponsorship to secure or retain council business.

(3) In the event of a bribe or a cash offer: (a) a member must immediately report such an incident to the CEO, or the Manager Governance Risk &

Compliance; (b) an employee must immediately report such an incident to his or her Manager and/or CEO or Director.

4. Statutory Disclosures (1) All statutory disclosures, other than electoral gifts , made by members are to be submitted to the CEO within

1 O days and kept in designated registers as required by the Act. Disclosures of electoral gifts are to be submitted to the CEO within 3 days.

(2) All statutory disclosures made by designated employees are to be submitted to the CEO within 10 days.

(3) All disclosures available for inspection by any person under Section 5.94 of the Act will, in addition to inspection at the City administration office during office hours, be placed and maintained on the City website.

5. Clarification of Particular Gifts (1) Gifts of Appreciation

A person or organisation wishing to express their appreciation for services received from the City via a member or an employee should do so in a manner that does not involve the presentation of a gift or the conferral of a benefit. An acceptable alternative may be a letter of thanks or a thank you card.

(2) Token Gifts Gifts of token value may be accepted by a member and/or employee provided that the gift does not create a sense of obligation, whether perceived or rea l, that may lead to a perception of preferential service as a result of the gift.

The following is a guide for determining when to accept token gifts: (a) The gift is offered in an open or public forum and refusal would be impolite or discourteous; (b) Acceptance would not create any perceived or actual compromise or conflict of interest; (c) The gift does not have a value greater than $10; and (d) The gift is not offered on a regular basis.

(3) Offer to Attend a "Free" Event

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-assessment of the value of attendance on the basis of the member or employee attending it as a paying patron. Where this value is $300 or more, acceptance of the free event offer is prohibited . Offers of free admission to a community event hosted by a not-for-profit or charitable organisation, other than a premium sporting event where the admission fee or value of the offered seat is more than $50, is not considered a gift and need not be disclosed.

(4) Official Gifts From time to time a person or organisation may offer gifts of goodwill to the City through conferences or social , cu ltural , community and industry events where gifts are presented or exchanged. Where it is reasonable for a member and/or employee to accept the gift on behalf of the City such a gift is considered to be the property of the City.

(5) Hospitality Where hospitality is modest in nature and provides an opportunity to network or undertake business of a common purpose, it may be appropria te to accept such invitations.

Incidental refreshments at meetings, working lunches, community events or similar are not considered gifts and need not be disclosed unless they occur at a frequency that may give rise to the perception of a conflict of interest.

Where possible any offer of hospitality should be disclosed and - in the event of an employee - approved by the Manager (or Mayor in the case of the CEO) prior to the event.

6. Disposing of Gifts that Cannot be Returned In instances where returning a gift would be inappropriate due to protocol , or the gift is anonymous and/or by returning it would cause significant embarrassment, the Executive Leadership Team will determine how the gift will be disposed of.

7. Awards and Prizes Won at Conferences and Seminars A member or employee may keep a prize or award where the employee or member made personal payment to attend the conference or seminar at which the prize or award was won or presented. Prizes and awards valued at over $100 won at functions attended at the City's expense immediately becomes the property of the City.

8. CEO Authority (1) Except where the form of a statutory disclosure is prescribed under the Act, the CEO is authorised to

determine the form and details of a disclosure register, and the manner in which it is displayed on the City website.

(2) The CEO will make available appropriate templates and forms to facili tate members and designated employees to lodge their disclosures with the City electronically.

GOVERNANCE REFERENCES Statutory Compliance Local Government Act 1995- Part 5 Division 6 Subdivisions 1,2 & 3

Local Government (Administration) Regulations 1997 Local Government (Rules of Conduct) Regulations 2007 Local Government (Elections) Requ/ations 1997 - Part 5A

Process Links Disclosure Form(s) (to be developed)

POLICY ADMINISTRATION Directorate Officer Title Authority to Approve Office of tl1e CEO CEO Counci l

Version Decision Reference Svnoosis Deleaation No. 603 1 February 2016 New policy (draft) 1 OCM 19/4/2016 (CR-007-16) Adopted

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 13 OCTOBER 2020

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CC-055-20 Learning City Strategy CC-055-20

CC-055-20 Learning City Strategy

PROGRAM: Canning Community and Commercial

SUB PROGRAM: Community Learning

FILE REF: Q20/272

REPORT DATE: 1 October 2020

REPORTING OFFICERS: Caroline Jones - Manager Community Learning

Sarah McQuade - Executive Manager Enriching Canning

RESPONSIBLE OFFICER: Garry Adams - Director Canning Community and Commercial

Strategic Plan Theme: LEAD - Accountable, responsible and forward-thinking administration.

Community Goal: Innovation, flexibility, and resilience. Council Strategy: The City of Canning is well-positioned to meet future needs.

Authority/Discretion: Executive: The substantial direction setting and oversight role of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Attachments: 1. Enriching Your World - Learning City Strategy 2020 - 2024 (D20/128762). (Large Attachments)

In Brief:

This report seeks Council’s endorsement of the Enriching Your World - Learning City Strategy 2020-2024.

Council is asked to support the Officer Recommendation because:

1. Endorsing the Enriching Your World – Learning City Strategy 2020-2024 will provide strategic direction for the City to continue its learning city journey, expanding on the outcomes achieved through the first Strategy.

2. The Strategy provides a framework for collaborative action and the holistic approach taken by the City in supporting community capacity, resilience and agility.

If the Officer Recommendation is not supported:

1. The intended outcomes of the Strategy may not be achieved.

OFFICER RECOMMENDATION

That Council adopts the City of Canning Enriching Your World - Learning City Strategy 2020 – 2024 as referred to in Large Attachment 1.

Relevant Council Resolutions

Council Meeting and Date Report No Decision

20 December 2016 Ordinary Council Meeting

CD-011-16

That Council adopts the City of Canning Learning City Strategy 2017-2019: Learning City. Discover. Learn. Engage. Grow.

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BACKGROUND

1 On 15 December 2016, Council endorsed the Learning City Strategy, 2017-2019: Learning City. Discover. Learn. Engage. Grow.

2 The Learning City Strategy 2017-2019 (LCS1) committed the City to the vision of growing as a dynamic learning city and to fostering an inclusive, connected, innovative, and vibrant community.

3 Over the past three years, significant progress has been made towards our Learning City vision, with 95% of identified Actions completed, including (but not limited to):

a) The creation of over 50 partnerships increasing delivery capacity.

b) The expansion of learning programs and opportunities.

c) The development of a range of targeted business support and mentoring services.

d) The transition of Riverton Library into a flexible learning hub.

e) The transformation of Bentley Library into a community and volunteer hub.

DETAILS

4 Over the past 10 months City officers have reviewed LCS1, consulted with stakeholders, partners and the community and utilised this information, coupled with contemporary research, to draft the next iteration strategy, Enriching Your World – Learning City Strategy 2020-2024 (Strategy).

5 This Strategy seeks to further the City’s role as the only West Australian Learning City, setting out our vision to: “support the Canning community to adapt to change with resilience, grasp opportunities with ingenuity and respond to challenges courageously and innovatively. We will work collaboratively to facilitate access for all community members to a range of learning initiatives, fostering social harmony through inclusion, connection and celebration of our diversity.”

6 The City will do this by: a) Supporting community recovery through targeted projects that foster resilience and agility in

job seekers, small business and the community at a neighbourhood level. b) Providing access to learning opportunities that empower our community to lead initiatives and

build capacity through engaging with learning. c) Continuing to transform our libraries and other community spaces and to foster a welcoming

and enabling environment for both business and community. d) Fostering innovation and creativity through playful, exploratory learning experiences that

encourage collaboration.

7 The Strategy is informed by the foundational work of the LCS1 and reinforces the City’s original commitment to fostering a culture of lifelong learning and to building sustainable partnerships that provide ongoing opportunities to support Canning residents in navigating the changing social, economic and technological environment in which we live.

8 Priority outcome areas remain aligned with LCS1, with one additional outcome area that focuses on the COVID-19 recovery.

9 The four Priority Outcome areas are:

1. Enabler of resilience and agility.

Our community responds to change with agility, overcomes challenges with resilience and capitalises on opportunities with ingenuity.

2. Empower through Dynamic Learning.

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The Canning community is supported to realise their potential through embracing a culture of lifelong learning.

3. Community Agora – the people’s place.

Community members feel that Canning is a place of Welcome – they are connected, included and have a sense of belonging within the community.

4. A hub for creative and innovative endeavour.

The Canning community is engaged in creative exploration and innovative development in a collaborative environment.

10 The Learning City Strategy is informed by the City’s Strategic Community Plan 2017 – 2027. It supports the objectives of the City’s Digital Strategy 2019 – 2023 and the City’s Our Healthy and Resilient Canning: An Integrated Public Health Plan 2019- 2023. The Strategy also forms an integral part of the City’s planning framework, integrating with the City’s Business Development Framework and Sustainability Policy to provide strategic direction across the Enriching Canning sub-program.

11 An integrated Action Plan is included as an addendum to the Strategy, outlining key activities that will be undertaken to drive the achievement of outcomes. The Action Plan will be developed and updated annually with incorporation of single year and multiyear actions. Through this annual process, the Strategy will have flexibility to adapt to changing community needs, technological innovation and collaborative opportunities.

CONSIDERATIONS

Legal Compliance

12 Not applicable.

Policy Implications

13 Not applicable.

Financial Consideration

Business Plan

14 Enriching Canning.

Internal Budget

15 The City’s approved Capital and Operational Budget 2020-2021, provides the funding for actions and initiatives outlined in the addendum Action Plan 2020-2021.

16 Funding for proposed projects and services for future financial years will be considered as part of the annual budgeting process.

17 Efforts will be made to seek external grant funding opportunities and partnerships to assist in funding, where appropriate.

Asset Management

18 Not applicable.

Sustainability Considerations

19 The Strategy supports three Principles of the City’s Sustainability Policy CM194, demonstrating the City’s:

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a) Commitment to innovation, leadership and continual improvement (Principle 1).

b) Commitment to building community capital, social sustainability and a thriving local economy (Principle 6).

c) Commitment to developing partnerships and increasing participation in local, state, national, and international sustainability opportunities (Principle 8).

Consultation

20 Consultation was undertaken to inform development of the Strategy, including feedback from both internal and external stakeholders.

21 Prior to engaging on the development of the new Strategy a review of the outcomes, achievements and opportunities arising from the work undertaken under the LCS1 was undertaken. Utilising internal data and external customer data, feedback from stakeholder workshops and surveys, a consolidated qualitative and quantitative data report on achievements; areas for development; and opportunities for the future, was produced.

22 Community consultation was undertaken utilising the deliberative panel approach. This is the first time the City’s has deployed such an approach, which provides the opportunity to “engage deeply” with a panel of people representing the local community in terms of ethnicity, gender, age, education, employment, and family structure.

23 The deliberative panel participated over a period of four weeks (with the onset of COVID-19, the planned face-to-face workshops were instead managed via a series of online forums) to build in-depth understanding of the strategic direction of the City, as well as becoming familiar with the actions and outcomes that had been achieved through the first Learning City Strategy. Using this knowledge base, panellist were then asked to advise how the City had progressed and what should be the focus guiding the development of the second Learning City Strategy.

24 Recognising the significant role key partners played in supporting the City’s initial efforts as a Learning City, focus was also placed on engaging with key specific partners so to ensure the new Strategy builds on shared agendas and strengthens existing relationships whilst providing opportunities for new ones to emerge.

25 The final phase of consultation has been undertaken following the drafting of the Strategy, with both internal and external stakeholders provided with the draft document and a summary infographic to review and provide feedback on. Feedback received through this process, was very supportive for the intent, scope and proposed objectives.

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Other Considerations or Risks

Risk/ Opportunity Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

Officer Recommendation approved by the Council (positive outcomes) Opportunity A

The City furthers its Learning City objectives

The Canning Community continue to be supported in their varying learning endeavors.

Briefing Elected Members at a Strategic Issues Briefing circulating Strategy for comment.

Almost Certain Significant High

(Opportunity)

Officer Recommendation approved by the Council (negative outcomes) Risk B

Nil Nil Not applicable Not applicable Not applicable

Officer Recommendation deferred by the Council Risk C

Delay in provision of strategic direction for progression of Learning City approach.

Briefing Elected Members at a Strategic Issues Briefing circulating Strategy for comment.

Likely Minor Low

(Risk)

Officer Recommendation declined by the Council Risk D

Lack of strategic direction for progression of Learning City approach.

Briefing Elected Members at a Strategic Issues Briefing circulating Strategy for comment.

Likely Moderate Medium

(Risk)

COMMENT

26 The projects and activities identified within the Action Plan will be implemented in partnership with our stakeholders (educational institutions, private and not for profit organisations, communication associations, local businesses, and community leaders).

27 The City will utilise an impact measurement framework and toolkit developed by the University of Western Australia in partnership with a number of Local Government authorities (the City included) and the Department of Local Government, Sport and Cultural Industries, to accurately capture outcomes and analyse intangible impacts achieved through the actions contained within the Strategy. All objectives and activities outlined in the Action Plan will have evaluation processes integrated into the reporting with specified indicators for measurement of success that represent both qualitative and quantitative measures.

VOTING REQUIREMENT

28 Simple majority.

AGENDA BRIEFING COMMENT

29 Not applicable.

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CC-056-20 New Lease Request - subject to surrender of existing Lease - Communicare Riverton

PROGRAM: Canning Community and Commercial

SUB PROGRAM: Land Utilisation

FILE REF: Q20/288

REPORT DATE: 1 October 2020

REPORTING OFFICERS: Kylie Sander - Tenancy Management Officer

Nikki Crook - Leader Land Assets

RESPONSIBLE OFFICER: Garry Adams - Director Canning Community and Commercial

Strategic Plan Theme: CONNECT - An inclusive , safe and vibrant community. Community Goal: Viable community groups, clubs and organisations. Council Strategy: Collaboration and partnerships making better use of limited

resources and facilities.

Authority/Discretion: Executive: The substantial direction setting and oversight role of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Attachments: Nil.

In Brief:

Communicare Inc. hold a current lease with the City for part of Lot 38 High Road, Riverton. The lease commenced 14 October 2002 for a 21 year term due to expire in October 2023. The current lease has no provision for sub leasing or assignment. The “Permitted Use” for this facility as stated in the lease is “The provision of playgroups, out of school and vacation care for children of pre-school and primary school age.”

Until recently, Communicare Inc. offered Outside School Hours Care (OSHC) from this facility. A number of families that attend the adjacent Riverton Primary School utilised this service. Prior to COVID, Communicare Inc. were considering ceasing this program, as it was proving to be not financially sustainable with attendance numbers in decline. During the COVID-19 pandemic, this program ceased and has not been resumed.

As Communicare Inc. have not breached any part of their lease contract, the City cannot dictate the structure of their business model or if/how they continue to provide this service. The City wishes to offer flexibility to Communicare Inc., to allow a broader use for this facility. Communicare Inc. have proposed to operate an Outreach program from this facility. As such, the purpose of this report is to seek Council approval to commence a new lease – subject to surrender of the existing lease.

Council is asked to support the Officer’s recommendation because:

1. Communicare Inc. have a waiting list of over 45 children in need of an Outreach Program. Communicare Inc. are proposing to invest $30,000 into this facility, that would see benefit from some maintenance works.

If the Officer’s recommendation is not supported:

1. Communicare Inc. have allowed their licence to operate OSHC lapse, and as such, are currently not using this facility. As there are no allowances for subleasing, this facility will sit idle until the end of the lease in October 2023.

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OFFICER RECOMMENDATION

That Council:

1. Approves, pursuant to Clause 3.58 of the Local Government Act 1995, the City entering into a Deed of Lease with Communicare Inc. for 761m² portion of Lot 38 High Road, Riverton, subject to the terms and conditions outlined in this report.

2. Authorises the Chief Executive Officer to finalise and sign the Deed of Lease documentation between the City of Canning and Communicare Inc. (in accordance with Section 9.49A (1) (b) and (4) of the Local Government Act 1995).

3. Approves the Deed of Surrender from Communicare Inc., for the current lease of portion of Lot 38 High Road, Riverton, subject to the terms and conditions outlined in this report.

4. Authorises the Chief Executive Officer to finalise and sign the Deed of Surrender from Communicare Inc. (in accordance with Section 9.49A (1) (b) and (4) of the Local Government Act 1995).

Relevant Council Resolutions

Council Meeting and Date Report No Decision

Ordinary Council Meeting 10 July 2001

CS-050-01

Council agreed with Communicare’s proposal to refurbish the Riverton Scout Hall for use as an outside school hours and playgroup centre, and offered a 21 year lease at a peppercorn rental.

Ordinary Council Meeting 22 April 2003

CS-037-03

Council supported the concept of the construction of a new building to replace the existing scout hall at Lot Pt 38 High Road/Noongar Way, Riverton. Council approved to enter into a Deed of Variation of Lease granted to Communicare dated 28 April 2003, to enable the construction of new premises.

BACKGROUND

1 In July 2001 Council approved to lease part of Lot 38 High Road, Riverton to Communicare Inc. for a 21 year term, commencing 14 October 2002 as a peppercorn lease. This lease contained a Clause (2.9) that the “Lessee shall at its cost and to the satisfaction of the Lessor carry out no later than 30 September 2003 all and any structural, alterations, additions, repairs, maintenance, upgrading and improvements to allow the demised premises to be lawfully used for the uses permitted as specified in item 4 of the Schedule.” (Item 4 of the Schedule states “Permitted Use: The provision of playgroups, out of school and vacation care for children of pre-school and primary school age.”)

2 In April of 2003, Communicare Inc. proposed to Council the concept of construction of a new building to replace the existing Scout Hall, requested a Lease Variation, and requested assistance of $3,000 towards the cost of demolition of the old Scout Hall from the site. Council supported the concept of construction of a new building to replace the existing Scout Hall, Council agreed to enter into a Deed of Variation of Lease, and Council deferred consideration of Communicare’s request for financial assistance until Feb/March 2003 considerations of the next round of applications for Facilities Grants.

3 The Deed of Variation was made on 28 April 2003 and Communicare Inc. have been operating out of this facility from that date.

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4 In April 2020 Communicare Inc. ceased the service of OSHC at this facility. The City have received several queries from Riverton Primary School parents, who are concerned that there is no OSHC program in place. OSHC is not a service that the City of Canning provide. The City have had three separate third party providers who have expressed interest in providing OSHC within this area. These parties were advised to contact Communicare Inc. directly. The school have advised parents that they are at capacity and do not have the space to accommodate this service.

5 The lease is still current until October 2023, and is restricted to no subletting or reassignment. Communicare Inc. are not obliged to surrender their lease.

6 Communicare Inc. offer a broad range of services, including Children, Youth and Family Services, Inclusion Services, Education and Training Services, Employment Services and Family Violence and Justice Services. They have recently refocused its core business to not include OSHC. Communicare Inc. see a requirement for high needs, special care services, to provide approved alternative education programs (modified Western Australian Certificate of Education and Certificate in General Education for Adults) to at-risk, disengaged young people.

7 Communicare Inc. currently run a number of facilities within the metro area, including a facility on Royal Street in Kenwick.

a) The children that attend are primarily autistic (approx. 70%)

b) Approx. 50% of the students are from dysfunctional families.

c) Care is predominately targeted to Years 7, 8 and 9 students, however its program accommodates children from Years 7 – 12.

d) Communicare Inc. include meal services and support, in addition to learning activities.

8 There are approx. 10-12 children that attend the Kenwick facility that would greatly benefit from an improved environment. Communicare Inc. are extremely impressed with the site on High Road, Riverton, and see the open space and natural environment as an optimum facility for high needs children. The proposal is guided around a maximum of 12 children (most likely 8 students with 6 staff). They anticipate the use of the facility to be between the hours of 8.30am and 4.30pm Monday to Friday (including prep time and planning). The premise is also proposed to be utilised by staff during school holidays for counselling of high needs students and administration purposes. Communicare Inc. are requesting to enter into a new lease to facilitate these services, and surrender the existing lease.

9 This proposal from Communicare Inc. is based around a single user occupancy. The investment of $30,000 that Communicare Inc. are proposing will make the building fit for purpose. Communicare are intending to engage design and special needs “fun space” specialists to support this approach in a creative, imaginative, safe, friendly teaching and learning environment, with a common theme of well-being.

10 There is a potential for the facility to accommodate multiple services. However, such an arrangement may impact any proposed building works and costs associated with accommodating multiple services from this site. The type of agreements on offer to potential tenants would need to be reviewed, and the facilitation and practicality of running multiple services would need to be addressed.

11 This report requests Council to endorse a new Deed of Lease, and Deed of Surrender of the existing lease.

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12 Photos below of the site:

Front exterior Western Side exterior

Internal

Kitchen

1 of 3 toilets

Office

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13 The below maps indicate the location of the facility, on the fringe of Riverton Park:

DETAILS

Negotiation on Lease Terms

14 Policy BR.01 – Tenancy Management Policy applies to this proposal. When negotiating with Communicare Inc., there was one variance requested to that policy.

a) Option to Renew – The Policy states “No option to renew with exceptions for unique commercial cases.” Given the financial investment that Communicare Inc. are proposing, they have requested a term of 3 years with one option of 2 years.

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Proposed Lease Terms

15 The following Key Terms document highlights the requested conditions of this lease. Each item is within the guidelines of Policy BR.01 Tenancy Management Policy, with the exception of the proposed 2 year option.

PrniJ)ocS,ed Lea~e - 1iComm11!11 l!il ic-air,e Inc

K,ey liier,n11s: Deed of lease

Lease Tenlil Deta~s La d Lot 38 on D027883 e-ng e whdleof 'ti e land c:om:ai Bel in

Oen:ificate of Title Volume 1568 lfolio 32.2_ Premises Parrt of Lo1t 38, 294 Hig Road, R- entolil

Leaoed Area of 76lrw Fad llity Rivertol!il Community £en( ces

l ,enant Comm1..1n-ca re Inc

Commem:emen1t Date l o bedeteiF i edl fol!owi Ill" Courn1dl ap rmral

l ,erm of l.Je.ase 3 ~•ea rs + 2yr option

Permineid Puirpo.se Eiducatiorn1al and Outreach IPro.gra 5

Rent $780 ex GST PA

Outgocn,g.s. Per annum dhange for2020121 {will increa<Se each v,ea rl Rates - $852_00 [SIU gect . 0 COl!ilCif:SS-Ollil) Emerge cv Senrices l.Jevy - $204_04-Waste - .$50L50 [based Ol!il rates exempt raiteJ £ern rilty - 556-30

Uti litre:s. l 1fina nt r,e:s onsi ble for a II util'i t ies ..

lrn1s11.1rance Building lrusma111c::e - Te11nant respansitrle for ins ra ce_ Ci'tl/ Yiill on cost t e buildirn1g iriour,ance priemi1:m1 on an anrn1ual baoi s_ There is a S/500 ex.ces.s, payab1e by tile ternant for ,each d aim mad'e,. Es -mated an cost or 2020/ 21 - .$452_00 ex.GST Public l..iabilit y - $20 Millim

Allil a I se;Niae r,equirem em s, l e Tenant Ytill aosurne all an ua I !',fil'Vici g reqr irements of a II or any of 1!f1 e followi n.g: l est-lagging of Electric:a1I Applia ces RCD le.stil"lg Exit: Ughtc g liesti Ill"

Fire.Se;N·ces lie51Jing Pes Con ol Gutter Oeanin.g AirCondit:ionin,g .SeNicin,g & Maint,enance

Matntena1nce l ,fina nt r,e:sp o S'i ble for a II mai rn1 tenance of a d Ylithtn 'ti e Premises_

Sp&ial Co .dit:io s The I.ease wi[I COlilitailili a dause which will 1permiit tihe City to give 12 mooths notice of ,erm in ation for e 1pu~poses of redevetopmeint.

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CONSIDERATIONS

Legal Compliance

16 Section 3.58 of the Local Government Act 1995 allows the City to dispose of land. For the purpose of this section, a lease of a property is considered to be a disposal.

17 Clause 30 of the Local Government (Functions and General) Regulations 1996 defines those dispositions which are exempt from Clause 3.58 of the Act. This includes disposal to not for profit bodies of an educational nature (this requirement also extends to charitable, benevolent, religious, cultural, recreational and sporting bodies). On this basis Communicare Inc. is a charitable organisation and is therefore exempt from the public advertising requirements relating to the disposal of property.

18 The City owns the land in freehold title, and therefore no approval from the Minister for Lands is required under the provisions of the Land Administration Act 1997.

Policy Implications

19 The Tenancy Management Policy BR.01 provides for the lease of the City’s facilities to meet the current and future needs of the community, whilst encouraging consistent management and accountability of the community’s assets.

20 The Details section of this report discusses the one proposed variation to the Council’s Tenancy Management Policy. This proposed variation to the policy, is reflective of the need to hold extended tenure due to the financial commitment from Communicare Inc. Council’s support of this variation is requested.

21 Section 6 of the Tenancy Management Policy states that the City’s Standard Lease Agreement will not be varied unless it is required to meet the operational needs of the tenant. The amendments proposed to this document are considered to reflect the operational needs of Communicare Inc. and will provide secure tenure and functional use of this facility.

Financial Considerations

Business Plan

22 This action is consistent with the City’s Corporate Business Plan 2018-2021 for the Land Utilisation Sub Program, which includes working with our lease holders to negotiate new lease agreements and manage leases.

23 This action is also consistent with the Enriching Canning Sub Program of the City’s Corporate Business Plan 2018-2021. The Enriching Canning Sub Program includes fostering an inclusive, connected and vibrant community that embraces lifelong learning and access to a range of learning programs and services to meet community needs and aspirations. The Enriching Canning Sub Program promotes the City to work with local communities to deliver projects, programs and events to build their capacity to determine their own future. The City promotes support services, access to a variety of lifelong learning programs and services, social wellbeing and belonging.

Internal Budget

24 The costs for the administration of this Deed of Lease and Deed of Surrender are accommodated within the current staffing allocation. Currently the lease on this site is peppercorn. The proposed lease is set to achieve rent of $780 ex GST PA, being $3900 over the full tenure.

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Asset Management

25 There is no change to the current status of Asset Management for this facility. The Lessee is, and will continue to be responsible for all repairs, maintenance and outgoings. The integrity of the building will be assessed and maintained in accordance with the City’s property maintenance inspections.

Sustainability Considerations

26 The new Sustainability Policy was adopted 18 June 2019. The City is now working towards determining a set of City-wide targets, which will provide measurable criteria for sustainability progress assessment.

27 In considering the new Sustainability Policy CM194 commitments, this proposal is consistent with Policy Commitment 8 – Take a knowledge-brokering and capacity-building approach, and facilitate positive relationships with the community to create shared understanding and foster collective responsibility, advocacy, and action.

Consultation

28 No general public consultation on this matter has occurred, as the discussions between the City and Communicare Inc. were specific to this group. There has been several enquiries from parents that used the OSHC service previously provided by Communicare Inc., asking when it can be resumed.

29 The matter has been discussed in detail within the Canning Community and Commercial Program, with detailed consideration to community feedback.

Other Considerations or Risks

Risk/ Opportunity Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

Officer Recommendation approved by the Council (positive outcomes) Opportunity A

The facility will be used and actively maintained. Opportunity to accommodate a needed community resource.

CEO to execute the Deed of Lease for proposed Lease, and the Deed of Surrender for current Lease.

Almost Certain Moderate High

(Opportunity)

Officer Recommendation approved by the Council (negative outcomes) Risk B

The facility will be offering a different service provision than that of the last 18 years, which could potentially cause dissatisfaction with the users of the previous service.

Direct queries to the school.

Almost Certain Moderate High

(Opportunity)

Officer Recommendation deferred by the Council Risk C

The Facility will sit idle until the expiry of the existing lease.

The proposed lease has been drafted with consideration to the Tenancy Management Policy.

Almost Certain Moderate High (Risk)

Officer Recommendation declined by the

The Facility will sit idle until the

The existing lease remains

Almost Certain Moderate High (Risk)

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Risk/ Opportunity Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

Council Risk D

expiry of the existing lease.

current until October 2023, but the permitted purpose restricts any other use of the facility.

COMMENT

30 As a faithful tenant of some 18 years, Communicare Inc. have approached The City, as their Landlord, and advised that they have amended their business model. Communicare Inc. have identified a requirement to offer extended high needs care services. Being that their current Lease agreement does not allow for this provision, Communicare Inc. have requested a new lease arrangement – subject to surrender of existing lease – to allow them to deliver this service. The City would like to support its tenant in fulfilling this community requirement, and facilitate the provision of services. The current lease for this facility is tightly bound with no provision for reassignment or subleasing.

VOTING REQUIREMENT

31 Simple majority.

AGENDA BRIEFING COMMENT

32 Not applicable.

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CC-057-20 New Lease - Willetton Football Club

PROGRAM: Canning Community and Commercial

SUB PROGRAM: Land Utilisation

FILE REF: Q20/323

REPORT DATE: 1 October 2020

REPORTING OFFICERS: Kylie Sander - Tenancy Management Officer

Nikki Crook - Leader Land Assets

RESPONSIBLE OFFICER: Garry Adams - Director Canning Community and Commercial

Strategic Plan Theme: CONNECT - An inclusive , safe and vibrant community. Community Goal: Viable community groups, clubs and organisations. Council Strategy: Community groups with capacity to meet members needs and grow

as needed.

Authority/Discretion: Executive: The substantial direction setting and oversight role of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Attachments: Nil.

In Brief:

Willetton Football Club (Inc.) (WFC) has requested to enter into negotiations for the proposed lease of portion of the Willetton Sport and Community Centre situated on Lot 532 Pinetree Gully Road, Willetton (Burrendah Reserve). The WFC has held a long association with this site, being that they have casually hired the area known as the ‘Club Room’ through bookings for at least 5 years.

They have requested to Lease the area to gain security of tenure and reduce their costs. The proposed lease space is also used by the Crows Cricket Club, who has agreed to share this area with the WFC under an existing Memorandum of Understanding Agreement that will be annexed to the proposed lease.

The building does require some minor works to facilitate the area as a leasable space. Both the WFC and the Crows Cricket Club have agreed to share the cost of these works with the City. Total works have been quoted as approximately $10,400 with each party agreeing to pay one third.

Council is asked to support the Officer’s recommendation because:

1. WFC have occupied this space for at least 5 years and have an entrenched affiliation with this space as their home ground and club rooms. WFC have committed to investing one third of the cost to improve the facility to bring it to a leasing standard. Through leasing the premises, the WFC will assume responsibility of repairs and day to day maintenance of this space. The proposed lease area is dated with little opportunity to book to other user groups. WFC have been concerned that this facility is inferior to other sites, and the booking fees payable have been excessive given the standard of the facility in comparison to other bookable sites.

If the Officer’s recommendation is not supported:

1. The WFC and the Crows Cricket Club would need to continue to hire the space through bookings, or could potentially seek alternate premises. The City would be obliged to continue to invest in the ongoing maintenance of the facility.

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OFFICER RECOMMENDATION

That Council:

1. Approves, pursuant to Clause 3.58 of the Local Government Act 1995, the City entering into a new lease with Willetton Football Club (Inc.) for 145m² portion of the Willetton Sports and Community Centre situated at Lot 532, Pinetree Gully Road, Willetton subject to the terms and conditions outlined in this report.

2. Authorises the Chief Executive Officer to finalise and sign the lease documentation between the City of Canning and Willetton Football Club (Inc.) in accordance with section 9.49A (1)(b) and (4) of the Local Government Act 1995.

Relevant Council Resolutions

Council Meeting and Date Report No Decision

Nil

BACKGROUND

1 The Willetton Football Club (Inc.) (WFC) was officially established in 1976, initially based at Willetton Reserve. In 1982, some Club activities were relocated to the new social facilities that were opened at the Willetton Sports and Community Centre. Playing facilities were then created in 1986 at Burrendah Reserve and all Club activities were based at this location from then on.

2 The WFC have been casually hiring the proposed leased area, known as the ‘Club Room’, consistently since 2015. The WFC approached City Officers several years ago requesting to lease the space. This proposal was not supported by City officers, given that there was a potential loss of bookings income, there was some uncertainty as to the future of the Willetton Sports and Community Centre site and the potential use of the space for other casual hire activities.

3 The WFC has consistently requested to lease this space over a number of years, and in response to their continuing requests, the matter is now being presented to Council for decision.

4 The below map and plan indicate the location of the leased area within the Willetton Sports and Community Centre:

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CC-057-20 New Lease - Willetton Football Club CC-057-20

The Purple area on the above plan highlights the proposed leased area for Willetton Football Club.

. _.., . ------... •

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CC-057-20 New Lease - Willetton Football Club CC-057-20

DETAILS

Casual Hire versus Lease

5 In 2019, WFC paid approximately $9,431 to use the proposed lease area known as the ‘Club Room’ through bookings (regular Thursdays and Saturdays during winter). COVID-19 had an impact on their booking this year and they have paid $2309 (June – Sept 2020 only) to use the Club Room space.

6 The Crows Cricket Club has also been booking this area for at least the last 4 years. In 2019, the Crows Cricket Club paid approximately $3,923 to use the ‘Club Room’ space. Proposed booking fees for the coming 2020-2021 season are $2,942.

7 It is noted that Ground Hire Fees (oval and change rooms) for both Clubs are paid in addition to these charges and any future lease will not impact these current arrangements.

8 The City has a number of other Casual Hire arrangements with various sporting clubs. The proposed lease could set an undesirable precedent for other clubs to do the same, therefore impacting bookings income.

9 It is noted however, that the subject premise is in poor condition and is difficult to hire for any other purpose than as a sports clubroom. In this instance, there will be no other lost opportunity to generate revenue from the casual hire of this space.

Proposed Lease Terms

10 When negotiating with WFC, consideration was given to the future redevelopment of this area, and as such, a term of only 4 years was offered. This term aligns with the lease terms of all other tenants within the Willetton Sports and Community Centre. The Lease will contain a clause which will permit the City to give 12 months’ notice of termination for the purposes of redevelopment.

11 In view of the above discussion, the table below summarises the main terms of the proposed new lease and the key details of the land:

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CC-057-20 New Lease - Willetton Football Club CC-057-20

The Key Terms have been agreed to by the Willetton Football Club (Inc.)

proposed Lea,Sie - WIH ltetto:n IFoott,b-allll 1Cilub I llil 11:

Key li ernrrns: Dee ill of !Lease

Lease Term Details d Lot 532 on f! lani l.4561. a.s, contained illil

Certificate oil Tit le Votume 19:S2 Folio 124 Add'recss 67 Pine tree Gully Road, Wiltenon WA 61.48

fadlilry Willetton Sporn & Commullility Facility [po:rt imll of J •Portion of t:Je.rng the: 145sqm 'ro.ortmfJ ctubrooni', which equates 'to 7.4'6!Ya, of the total building are.a.

Te,nam Willetton IFootballl Cllllllb lllilc

Co mericemem Date To be de ennined fu!IIO\\Villlg Co ncil ,a ppro'l.l'a I

T1erm of Lease 4year.s

Pennineid Purpose Ch.11broo111 andA~ociated .Spoil£ g Club Aaivilties

Rent $78-0 + GSTpa

Outgo· n.g.s, Pier ,annum rnarne fur 20Wl21 [Ytill illilcrea5ie eactill ~a[J, Mi im Rates - $852 Emer,g,ency .Services, Lei.ry - .$497 Waste - $3&1.50 :Security- $56.30

Utilit·e.s Te ant responsible fur al Uil!Jilitie.s.

lnsl!llrance Bu'ildi11g l11suranoe - Oity wnll Ollil-COS 7.46 of the build'in:g iruuranc,e pr1emillll on ani a1IT1nual bai5iis. There is a $500 excess payal:ll1e by tihe tenant or each claim made. Estimated ori-cost fur WW/21. -$148..166 (wiU increase ,each y,earl Pub I i:c LiB bility - $20 Milllio llil

Allilnua I servioe requirem ems •· Test-Taggjng of IEleetiric:al Appliances

•· RC□ lest,i g .. Exit Lighlti gTe.stillilg .. Fire :Seniices Testillilg

•· Pie.st Comrol

•· The Citywil seiIVice ,alll Air Co dit-ollilillg and 'ii' rn ollil -cost

on an allilnual ba!9is Maimellila11Ke Te ant responsible fur al d eallili llilg and ma1ime111a1nce o· · tille · ad llity

with 1Dhe exrnptiion of structu ral mainrenanoe.. .S p&i,al Co11di1tions ail Th.e LeacSe wi II conta£n a daucSe w i,ch wm permit the Oity

to give l.2 rnonwhs,' nowice of termination · or the p111up ose.s. oil redevelopment

b) The LeacSe will co1T1ta£n a clau.se rel1a,wing o whe ,\!' ii lenon Cmv1s Ciricket Club lna:Jl"porated being a :su l:lsid'iarv occupalii oa e space a d refem ce to an Amlliie>rure which will[ outli e th e bas·c tenn:s and rnndit-oliis of heir ocrnpaliicy ..

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CC-057-20 New Lease - Willetton Football Club CC-057-20

CONSIDERATIONS

Legal Compliance

12 Section 3.58 of the Local Government Act 1995 (‘Act’) allows the City to dispose of land. For the purposed of the section, a lease of a property is considered to be a disposal.

13 Clause 30 of the Local Government (Functions and General) Regulations 1996 defines those dispositions which are exempt from Clause 3.58 of the Act. This includes disposal to not for profit bodies of an educational nature (though this requirement also extends to charitable, benevolent, religious, cultural, recreational and sporting bodies). On this basis, the proposed lease is considered exempt from the public notice requirements.

14 The City owns the land being disposed of in freehold title, and therefore no approval from the Minister for Lands is required under the provisions of the Land Administration Act 1997.

Policy Implications

15 The Council’s Tenancy Management Policy BR.01 provides for the lease of the City’s facilities to meet the current and future needs of the community, whilst encouraging consistent management and accountability of the community’s assets. There are no requested variances to the Tenancy Management Policy BR.01 in regards to this proposal.

Financial Considerations

Business Plan

16 This action is consistent with the City’s Corporate Business Plan 2018-2021 for the Land Utilisation Sub Program, which includes working with our lease holders to negotiate new lease agreements.

Internal Budget

17 The costs for the administration of the lease, compliance assessment, building inspections and related activated are accommodated within the current staffing allocation.

18 Leasing this space, will impact the budget of Recreation Facilities, by approximately $12,400 per annum as lost bookings income. This represents approximately 20% of bookings income from the Willetton Sports & Community Centre facility.

Asset Management

19 Under the terms of any proposed agreement, the City is responsible for reasonable fair wear and tear or structural maintenance of the city’s asset. The integrity of the building will be assessed and maintained in accordance with the City’s property maintenance inspections.

20 The City undertakes the asset management, whilst the tenant pays their rental and outgoings and is responsible for maintenance of fixtures, fittings, internal and external surfaces, and other preventative maintenance actions within the agreed Lease Area. This is the standard approach endorsed under the City’s Tenancy Management Policy.

Sustainability Considerations

21 The Sustainability Policy was adopted June 2019. The City is now working towards determining a set of City-wide targets, which will provide measurable criteria for sustainability progress assessment.

22 In considering the new Sustainability Policy CM194 commitments, this project is consistent with Policy Commitment 8 – Take a knowledge-brokering and capacity-building approach, and facilitate positive relationships with the community to create shared understanding and foster collective responsibility, advocacy and action.

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CC-057-20 New Lease - Willetton Football Club CC-057-20

Consultation

23 No general public consultation on this matter has occurred, as the discussions between the City and the Willetton Football Club (Inc.) were specific to this group. Input has been sought from Crows Cricket Club regarding their subsidiary use of this facility with both parties agreeing to continue the existing Memorandum of Understanding arrangement between the two clubs. It is proposed that this agreement be annexed to the lease.

Other Considerations or Risks

Risk/ Opportunity Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

Officer Recommendation approved by the Council (positive outcomes) Opportunity A

Willetton Football Club (Inc.) will gain security of tenure, and assume responsibility of ongoing maintenance of this space.

CEO to execute the formal lease agreement.

Likely Minor Medium

(Opportunity)

Officer Recommendation approved by the Council (negative outcomes) Risk B

Loss of Booking Fees income for this facility. Also, setting precedent for other clubs to request similar arrangements, allowing further potential loss of Booking Fees income at other facilities.

Requests to be assessed on an individual basis with due consideration to status of facility.

Likely Minor Medium

(Risk)

Officer Recommendation deferred by the Council Risk C

The City will continue to invest in the ongoing maintenance of this facility until a decision is made.

Lease Agreement has been negotiated in detail with the tenant and the requirements of the Tenancy Management Policy addressed.

Almost Certain Minor High (Risk)

Officer Recommendation declined by the Council Risk D

Willetton Football Club (Inc.) will need to continue paying bookings fees for this space, or could potentially seek alternate premises for Clubroom activities.

Lease Agreement has been negotiated in detail with the tenant and the requirements of the Tenancy Management Policy addressed.

Likely Minor Medium

(Risk)

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CC-057-20 New Lease - Willetton Football Club CC-057-20

COMMENT

24 The request for Willetton Football Club (Inc.) is considered reasonable and will assist with the financial viability of the Club. The proposed lease area is dated with little opportunity to book to other user groups and is flagged for potential redevelopment in the coming few years.

25 Whilst the proposed lease is within the guidelines of Council’s Tenancy Management Policy and Standard Lease Document, there is a potential for this lease to set a precedent with other Sporting Clubs that casually hire booking space. However, in view of the current condition of the proposed lease area and the possible future redevelopment of the site, it is considered that there are special circumstances in this case that may warrant support of a short term lease.

VOTING REQUIREMENT

26 Simple majority.

AGENDA BRIEFING COMMENT

27 Not applicable.

Item CC-058-20 - Attachment 1 Investments as at 30 September 2020

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CC-058-20 Monthly Financial Report September 2020 CC-058-20

CC-058-20 Late Item - Monthly Financial Report September 2020

PROGRAM: Canning Community and Commercial

SUB PROGRAM: Business Canning

FILE REF: Q20/324

REPORT DATE: 2 October 2020

REPORTING OFFICERS: Hitesh Attawala - Manager Finance & Asset Management

Fabi Bouteloup - Leader Accounting and Payroll

RESPONSIBLE OFFICER: Garry Adams - Director Canning Community and Commercial

To be distributed as a Late Item

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SD-021-20 Scheme Amendment No. 29 to Town Planning Scheme No. 21 SD-021-20

7.3 Director Canning Sustainable Development

SD-021-20 Scheme Amendment No. 29 to Town Planning Scheme No. 21

PROGRAM: Canning Sustainable Development

SUB PROGRAM: Liveable Canning

FILE REF: Q20/309

REPORT DATE: 30 September 2020

REPORTING OFFICER: Gabriel Diosan - Senior Strategic Projects Planner

RESPONSIBLE OFFICER: Graeme Bride - Director Canning Sustainable Development

Strategic Plan Theme: LEAD - Accountable, responsible and forward-thinking administration.

Community Goal: Effective leadership and good governance. Council Strategy: Comply with legal requirements.

Authority/Discretion: Legislative: Includes adopting Local Laws, Town Planning Schemes and Policies. Review when Council reviews decisions made by Officers.

Attachments: 1. Scheme Amendment 29 (TPS21) Report (AD19/27892). (Large Attachments)

In Brief:

Council is requested to consider initiation of Scheme Amendment No. 29 to Town Planning Scheme No. 21.

Scheme Amendment No. 29 proposes changes to the Town Planning Scheme No. 21 text and map. The amendment provides for greater clarity and consistency in the Scheme text and improved urban developments within the Scheme area.

Council is asked to support the Officer Recommendation because:

1. The proposed revisions to the Town Planning Scheme No. 21 text will provide for more consistency and clarity.

2. The proposed changes to the Town Planning Scheme No. 21 map will provide for improved urban development outcomes and assist in facilitating further development.

If the Officer Recommendation is not supported Town Planning Scheme No. 21 will not be updated and result in less desirable urban development outcomes.

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SD-021-20 Scheme Amendment No. 29 to Town Planning Scheme No. 21 SD-021-20

OFFICER RECOMMENDATION

That Council:

1. Categorises Scheme Amendment No. 29 as a standard amendment as defined under Regulation 34 of the Planning and Development (Local Planning Schemes) Regulations 2015, for the following reasons:

a) The amendment would have minimal impact on land in the Scheme area that is not the subject of the amendment; and

b) The amendment does not result in any significant environmental, social, economic or governance impacts on land in the scheme area.

2. Pursuant to Section 75 of the Planning and Development Act 2005, resolves to initiate Scheme Amendment No. 29 to the City of Canning Town Planning Scheme No. 21 as detailed in the resolution of the Scheme Amendment No. 29 Report (refer Attachment 1).

3. Refers Scheme Amendment No. 29 to the Environmental Protection Authority for assessment prior to advertising for public comment.

4. Authorises the Mayor and Chief Executive Officer to sign the documentation necessary to initiate Scheme Amendment No. 29.

5. Forwards Scheme Amendment No. 29 to the Western Australian Planning Commission for information within 21 days of Council’s decision.

Relevant Council Resolutions

Council Meeting and Date Report No Decision

Not applicable.

BACKGROUND

1 Town Planning Scheme No. 21 was gazetted on 13 August 1982 as a guided development scheme to guide the subdivision of lots in Queens Park and East Cannington. The Scheme also guides the provision of new roads, public open space and the provision of contributions from landowners towards Scheme costs and Public Open Space costs.

2 Scheme Amendment No. 27 was gazetted on 5 November 2010. This amendment was a complete review of the Scheme text and maps. The updated version of the Scheme has been in use since 2010. During this time, several issues have been identified in the Scheme text and map.

DETAILS

3 Scheme Amendment No. 29 (the amendment) proposes numerous changes to the Scheme text and maps in response to issues identified with the Scheme since the last major review in 2010. The proposed changes are detailed in the Scheme Amendment No. 29 Report (refer Attachment 1) and summarised as follows:

Clauses 6 and 8

4 The amendment proposes some changes to Clauses 6 and 8 to provide consistent terminology by changing all references to “modification/s” to “variation/s”. Also, two new Subclauses (8(5) and 8(6)) are proposed to guide how variations to the Scheme are approved.

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SD-021-20 Scheme Amendment No. 29 to Town Planning Scheme No. 21 SD-021-20

Clause 11

5 The amendment proposes to remove wording from Clause 11 which references an orange coloured Scheme Road on the Scheme map. This particular road was removed with a previous amendment, and therefore the reference is redundant.

Clause 21

6 The amendment proposes to insert additional wording in Clause 21 to clarify that the City does not include land required to be given up for public open space in the land area used to calculate Scheme costs. This additional wording clarifies how the City has been undertaking the calculations and reduces confusion.

Appendix A

7 The amendment proposes to remove the “No. of Property” and “Paid” columns in Appendix A. These columns serve little purpose and provide for a more confusing table. Also, the amendment proposes to remove properties from Appendix A that have already paid their Scheme costs. This change will provide for a more accurate table of the remaining contributions.

146 Treasure Road, Queens Park

8 The amendment proposes to remove the proposed subdivisional road, public open space and proposed cadastre from 146 Treasure Road. The proposed cadastre over the adjoining 144 Treasure Road is also proposed to be removed. This change is proposed as the development of the subject properties is now guided by the Queens Park Local Structure Plan. The properties are in the Railway Frame Precinct which has multiple dwellings (apartments) as preferred uses but single houses and grouped dwellings (townhouses) as not preferred uses.

9 The expected development outcome on the subject properties is therefore very different from that envisaged in the Scheme. Additional public open space is being provided in other parts of the Scheme to offset the loss of the small public open space proposed over 146 Treasure Road.

Linear Public Open Space between Thomas Street and Gibbs Street

10 The amendment proposes to modify the design of a linear public open space running from Thomas Street to Gibbs Street. The amendment includes the provision of the Public Open Space Acquired designation over all of 90 Gibbs Street and removal of the Public Open Space Acquired designation from 92 Gibbs Street and part of 73 Thomas Street. This change will result in a more regular shaped public open space and adjoining lots which will result in a more desirable built outcome.

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SD-021-20 Scheme Amendment No. 29 to Town Planning Scheme No. 21 SD-021-20

Terek Way

11 The amendment proposes to realign Terek Way to impact 143 Crawford Street predominately. This change would allow the City to potentially purchase 143 Crawford Street primarily with funds from the Scheme costs and public open space funds. The realignment of the Scheme road would result in the City only negotiating with one landowner to try and facilitate the development of the area.

Gerard Street Public Open Space

12 The amendment proposes to apply the Public Open Space Acquired designation over the full extent of 147-151 Gerard Street, East Cannington. This site was purchased by the City of Canning to preserve existing high value vegetation. Given that the vegetation extends to the full extent of the site, it is considered appropriate to designate the whole site as Public Open Space Acquired.

P40!0Sl'.D OISIG....m~

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SD-021-20 Scheme Amendment No. 29 to Town Planning Scheme No. 21 SD-021-20

Compensating Basin between Railway Parade and Balaka Way

13 The amendment proposes to apply a designation of Compensating Basin to three properties along Railway Parade (No. 86-88, 90 and 92). The Water Corporation owns these properties. The Water Corporation has indicated that the sites have been purchased for a future compensating basin.

Shoveler Close Public Open Space

14 The amendment proposes to increase the size of the Public Open Space Required designation over 178-182 Crawford Street. This change is proposed to retain existing high value vegetation on the site. The City is currently in the process of purchasing the additional public open space from the landowner as part of a current subdivision application being considered by the WAPC.

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SD-021-20 Scheme Amendment No. 29 to Town Planning Scheme No. 21 SD-021-20

Other Map Updates

15 The amendment proposes several other updates to the Development Guide Map to take into account finalised variations and subdivisions. These changes are mainly administrative and seek to provide for a more accurate Development Guide Map.

CONSIDERATIONS

Legal Compliance

16 The Planning and Development Act 2005 and the PD Regulations 2015 outline the scheme amendment process. Progression of the amendment will be in accordance with this process.

17 Regulation 35(2) of the PD Regulations 2015 requires Council to make a resolution on the category of scheme amendment (complex, standard or basic), and detail the reasons for selecting that particular category. This is addressed in the Officer Recommendation.

Policy Implications

18 Not Applicable.

Financial Considerations

Business Plan

19 Development and progression of this amendment is in line with the Strategic Planning business plan under the ‘Strategic Land Use Planning’ core service.

Internal Budget

20 Work undertaken for the amendment has been funded from the Strategic Planning Budget.

Asset Management

21 A number of properties subject to the amendment will be managed by the City as public open space and thereby require additional funds in the future for management purposes.

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SD-021-20 Scheme Amendment No. 29 to Town Planning Scheme No. 21 SD-021-20

Sustainability Considerations

22 The new Sustainability Policy was adopted 18 June 2019. The City is now working towards determining a set of City-wide targets, which will provide measurable criteria for sustainability progress assessment.

23 In advance of these targets being developed by the City and endorsed by Council, this project addresses Sustainability Policy CM 194 commitments four (A commitment to climate responsive urban development) and five (A commitment to protecting environmental integrity and biodiversity).

24 The amendment predominately deals with administrative matters. However, in designating a number of properties with high value vegetation as public open space, the amendment seeks to provide more habitat for native fauna and provides for retention of tree canopy in the City of Canning.

Consultation

25 Consultation for the amendment will be undertaken in accordance with the requirements of the PD Regulations 2015.

26 The proposed amendment was also presented to a Strategic Issues Briefing with Elected Members on 1 September 2020.

Other Considerations or Risks

Risk/ Opportunity Consequences Mitigation/ Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

Officer Recommendation approved by the Council (positive outcomes) Opportunity A

The amendment is referred to the Environmental Protection Authority and then proceeds to public advertising.

Forward amendment to Environmental Protection Authority and undertake public advertising in accordance with the PD Regulations 2015.

Likely Moderate High

(Opportunity)

Officer Recommendation approved by the Council (negative outcomes) Risk B

The amendment may face some opposition in the community.

Appropriate information to be provided at public advertising to allow a clear understanding of the amendment.

Possible Moderate Medium

(Risk)

Officer Recommendation deferred by the Council Risk C

Initiation of the amendment is delayed.

Reasons for each of the changes have been identified in the report.

Possible Minor Medium

(Risk)

Officer Recommendation declined by the Council Risk D

The amendment will not proceed, and the Scheme will not reflect previous Council decisions and optimal development outcomes and opportunities to facilitate development would be lost.

Reasons for each of the changes have been identified in the report.

Possible Moderate Medium

(Risk)

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SD-021-20 Scheme Amendment No. 29 to Town Planning Scheme No. 21 SD-021-20

COMMENT

27 The amendment proposes to make several changes to the Scheme to provide greater consistency and clarity in the text. The amendment further proposes to make changes to the Development Guide Map to preserve high value vegetation and improve urban development outcomes.

28 Initiation of the amendment will allow it to proceed to public advertising, after referral to the Environmental Protection Authority. Council is therefore asked to support the Officer Recommendation.

VOTING REQUIREMENT

29 Simple Majority.

AGENDA BRIEFING COMMENT

30 Not Applicable.

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SD-022-20 Adoption of Queens Park Local Structure Plan - Amendment 2 SD-022-20

SD-022-20 Adoption of Queens Park Local Structure Plan - Amendment 2

PROGRAM: Canning Sustainable Development

SUB PROGRAM: Liveable Canning

FILE REF: Q20/333

REPORT DATE: 1 October 2020

REPORTING OFFICER: Roberta Schuchmann - Senior Strategic Projects Planner

RESPONSIBLE OFFICER: Graeme Bride - Director Canning Sustainable Development

Strategic Plan Theme: BUILD - Accessible, pleasing urban spaces that are fit-for-purpose. Community Goal: Good amenities and lifestyle. Council Strategy: Public Transport integrated with housing.

Authority/Discretion: Legislative: Includes adopting Local Laws, Town Planning Schemes and Policies. Review when Council reviews decisions made by Officers.

Attachments: 1. ATTACHMENT 1 Queens Park Local Structure Plan - Part 1 (D20/51011). (Large Attachments)

2. Schedule of Modifications (D19/146661). 3. ATTACHMENT 3 Final Queens Park Local Structure Plan -

approved by Council in August OCM (D15/187753). (Large Attachments)

In Brief:

Council at its meeting held on 17 August 2015, adopted the Queens Park Local Structure Plan (Local Structure Plan) (refer Report ED-003-15). The Local Structure Plan provided for higher density development requirements for properties around the Queens Park Train Station.

Council at its meeting held on 19 December 2017, adopted Amendment 1 to Queens Park Local Structure Plan (refer Report SD-022-17). The amendment expanded the area of the Local Structure Plan to include properties between the Canning City Centre Activity Centre Plan and the Queens Park Local Structure Plan.

Queens Park Local Structure Plan Amendment 2 (Local Structure Plan Amendment) seeks to bring the Local Structure Plan in line with the recently adopted State Planning Policy 7.3 (SPP7.3) – Residential Design Codes Volume 2 – Apartments. The amendment also includes a few minor changes to improve the implementation of the Local Structure Plan.

Council is now requested to adopt Amendment No. 2 to the Local Structure Plan. The changes to Part 1 include general document restructuring and deletion of clauses covered by SPP7.3. Minor typographic corrections are also proposed to the Background Report (Part 2 of the Local Structure Plan).

Council is asked to support the Officer’s Recommendation because:

1. It will align the document with SPP 7.3 and contribute to the reduction of red tape for land owners, developers and the City.

If the Officer’s Recommendation is not supported:

1. The Queens Park Local Structure Plan will retain the current inconsistencies with the new SPP7.3. 2. This will result in a more complex and cumbersome development assessment process in the area.

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SD-022-20 Adoption of Queens Park Local Structure Plan - Amendment 2 SD-022-20

OFFICER RECOMMENDATION

That Council:

1. Pursuant to Schedule 2, Part 4 of the Planning and Development (Local Planning Schemes) Regulations 2015, resolves to adopt Queens Park Local Structure Plan Amendment No. 2 (as per Attachment 1) to:

a) Delete requirements that are redundant due to the introduction of the State Planning Policy 7.3 – Residential Design Codes Volume 2 – Apartments.

b) Add development requirements for non-residential development.

c) Add development requirements for lower density developments.

d) Correct information and typographical errors where required.

2. Authorises the Mayor and Chief Executive Officer to sign and forward Amendment No. 2 to the Queens Park Local Structure Plan to the Western Australian Planning Commission requesting approval and an extension to the duration of approval, to start on the date of the approval of Amendment 2.

Relevant Council Resolutions

Council Meeting and Date Report No Decision

OCM 21 April 2015 CF-014-15 Adopt Scheme Amendment No. 196.

OCM 20 August 2015 ED-003-15 Adopt Queens Park Local Structure Plan.

OCM 20 December 2016 PR-043-16 Initiate Scheme Amendment No. 229.

OCM 19 December 2017 SD-022-17 Adopt Queens Park Local Structure Plan Amendment 1.

OCM 21 July 2020 SD-015-20 Endorse the draft Amendment 2 for public Advertising.

BACKGROUND

1 Council at its meeting held on 20 August 2015, resolved to adopt the Queens Park Local Structure Plan (refer Report ED-003-15) providing higher density development requirements for properties around Queens Park Train Station.

2 Pursuant to Part 4, Clause 22(1)(a) of the Deemed Provisions of the City of Canning Town Planning Scheme No. 40, the Western Australian Planning Commission granted approval to the Queens Park Local Structure Plan on 22 November 2016.

3 Council at its meeting held on 19 December 2017, resolved to adopt the Amendment 1 to Queens Park Local Structure Plan (refer Report SD-022-17) to expand the area of the Queens Park Local Structure Plan to include properties in between Canning City Centre Activity Centre Plan and Queens Park Local Structure Plan.

4 Queens Park Local Structure Plan Amendment 2 (Local Structure Plan Amendment) seeks to bring the Local Structure Plan in line with the recently adopted SPP7.3. The amendment includes a few minor changes to improve the implementation of the Local Structure Plan.

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SD-022-20 Adoption of Queens Park Local Structure Plan - Amendment 2 SD-022-20

DETAILS

5 The Majority of the changes are in Part 1 of the Queens Park Local Structure Plan which is the Attachment 1 to this report.

6 Minor changes in wording and references have been done to “Part 2 – Background Studies” and can be provided by request.

7 The Local Structure Plan Amendment 2 makes a number of changes to the Structure Plan. The key changes are outlined below:

General Document Restructuring:

a) Change in clause numbers and header levels ordering for greater consistency.

b) Drainage management content change due to current practices.

c) Correct information and typographical errors where required.

Changes in Table 2: Land Use Permissibility:

a) General naming updates to match draft Local Planning Scheme No. 42(LPS 42).

b) Deletion of uses no longer in LPS 42.

Deletion of requirements that are covered by SPP7.3:

a) All requirements for Communal Open Space.

b) All requirements for Landscape and Public Realm.

c) All requirement for Building Orientation, Building entrances.

d) All requirements for Frontage Requirements.

e) All requirements for Crime Prevention through Environmental Design.

f) All requirements for Corner Lots.

g) Parts of the requirements for Noise Attenuation.

h) Parts of the requirements for Waste Management.

i) All requirements for Parking Design.

j) All requirements for Flexible and Universal Access Apartments.

k) Parts of the requirements for Movement, Access and Parking.

l) All the requirements for Facades.

Deletion of requirements that are covered by other City’s Policies and other State Planning Policies:

a) All requirements for Signage (covered in the City’s Policy LP.07 – Advertising Signs).

b) All requirements for Noise Attenuation and Working around railway lines (covered in State Planning Policy No. 5 Road and Rail Noise – SPP 5.4).

Inclusions:

a) Inclusion of “Cash-in-lieu for Parking” under ‘Movement, Access and Parking’ to refer to the City’s Policy (LP.08 Cash-in-Lieu for Parking in the Centre Zone).

b) ‘Non-residential Development Requirements’ to address gaps in the current document.

c) Single Houses and Grouped Dwellings Design Requirements to address gaps in the current document.

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CONSIDERATIONS

Legal Compliance

8 The Planning and Development (Local Planning Schemes) Regulations 2015 outline the structure plan amendment process. Queens Park Local Structure Plan Amendment No. 2 will follow this process.

Policy Implications

9 Not applicable.

Financial Considerations

Business Plan

10 Development and progression of the Queens Park Local Structure Plan Amendment No. 2 is in line with the Strategic Planning Business Plan under the ‘Strategic Land Use Planning’ core service.

Internal Budget

11 Work undertaken for the Queens Park Structure Plan Amendment No. 2 has been funded from the Strategic Planning Budget.

Asset Management

12 No current assets of the City are affected by this proposal.

Sustainability Considerations

13 The new Sustainability Policy was adopted 18 June 2019. The City is now working towards determining a set of City-wide targets, which will provide measurable criteria for sustainability.

14 In advance of these targets having been developed by the City and endorsed by Council, this project addresses Sustainability Policy CM194 - Commitment 4 by ‘A commitment to climate responsive urban development’ by ensuring climate responsive developments for the properties I the Queens Park Local Structure Plan area.

15 The Local Structure Plan takes an integrated, transit-oriented design approach to facilitate accessibility, mobility and appropriate local economic growth.

16 The Local Structure Plan allows for development bonuses when green infrastructure is integrated into the built form and natural landscape. The green infrastructure and natural landscape additions will assist in future proofing the City against potential impacts of climate change.

Consultation

17 The Planning and Development (Local Planning Scheme) Regulations 2015 prescribes statutory requirements for community consultation during the Structure Plan Amendment process. These requirements have been observed throughout the community consultation activities for the Local Structure Plan Amendment. Advertisement was done through newspaper and the City’s website.

18 The consultation period occurred from 6 August 2020 until 3 September 2020.

19 Only one comment was received from the Owner of 117 Mills Street disagreeing with the minimum two-storey requirement in the City Residential Precinct of the Structure Plan. This requirement has been in place since the first approval of the Structure Plan, preventing an abrupt change in height in the area and setting a desired built form and density for the future. This provision was not under review with this amendment and no change is proposed in this regard.

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Other Considerations or Risks

20 The Structure Plan Amendment and related Scheme Amendments are dependent on approval by the Western Australian Planning Commission and may face delays and direction for modifications at a later stage in the process.

Risk/ Opportunity Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

Officer Recommendation approved by the Council (positive outcomes) Opportunity A

The Queens Park Structure Plan

Amendment No. 2 and its

advertisement for public comment are

supported.

The amended Activity Centre

Plan is placed on advertising.

Likely Minor Medium

(Opportunity)

Officer Recommendation approved by the Council (negative outcomes) Risk B

N/A N/A N/A N/A N/A

Officer Recommendation deferred by the Council Risk C

The Queens Park Structure Plan

Amendment No. 2 is delayed and the

inconsistencies between this plan and SPP7.3 remain for an additional

period.

The reasons for requiring an

amendment to the Queens Park

Structure Plan is a consequence of

new state planning policy

changes and improvements to the requirements

of the Plan.

Possible Moderate Medium

(Risk)

Officer Recommendation declined by the Council Risk D

The Queens Park Structure Plan

Amendment No. 2 is refused and the

duplication of requirements

between the Plan and SPP7.3 will

continue to remain resulting in more

complexity and red tape.

The reasons for requiring an

amendment to the Queens Park

Structure Plan is a consequence of

new state planning policy

changes and improvements to the requirements

of the Plan.

Possible Moderate Medium

(Risk)

COMMENT

21 Amendment No. 2 to the Queens Park Local Structure Plan is critical to bring the Local Structure Plan in line with the recently adopted SPP7.3. Furthermore, the amendment and clarification of the Local Structure Plan will contribute to the reduction of red tape for land owners, developers and the City.

VOTING REQUIREMENT

22 Simple Majority.

AGENDA BRIEFING COMMENT

23 Not Applicable.

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Queens Park Stru:ctu re Plalil Schedule of Modlficatio:ns.

Number I New Clause R■.fenmce,

1 All

2 All

3 Deletion

4 Oelelioo

5 All

6 Detetioo

7 Deletion

Clulnge,

Document reslrucwnrig: Clrialilae irn clause numbers a:nd header levels. The headers below ha111e been moved! to different sections:

• Landmark reciutremem • Service and Storag,e • Stomrwallllr mariagl::lmoot

Deletion of requirements lha1 are covered lby SPP7.3; a) All or 4.1.4. and 2.2.5 Communal Open Sp.ace lb) All of 4.1.7 and 4.2 .!l Landsca;pe arid PU!Jlic realm c) All or 4.1.5.c Buildi~ Orie.ntation, 4.2.6.a.ii Buading en1mr11oes, ,4.2.6. e

bulkflng Entrances d) All of Frontag;e Requirements in 4.1.6. and 4.2.7 •• Remainder of

clause ~egardlng slgnage was l<.epl Heackir was ctlang:ed 'to "Slgnage•. e) All of 4.1.5.h.g.iii , 4.2.1 and 4 .2.·6 ,cl, e, f Orime Pr!Mffition Tllrougil

Environmental Des~ n I) All of 4.1.S.g.ii Comer· Lots g) Some of 4.1.5.i Noiise Attermati:on lh) Parts of Waste Manclgement 1i) 4.US,a and 4.2.7.a Parking D11siglil Principl11s j) Deletion or 4.2.5.k 4.2.6.h"Rexible ancl Univetsal access apattme11ts·

clause. lkl Parts of 4 .1 .3 Movemenl. Access and 1Pariking Ill All or BuildinQ Facades In !built form

"ILanclmark and Gatewa,y" heacler in, U'l8 resid ~CPTEO towards, drains andl POS"'

Reoipl'OCal Pal'kir"I~ AtranQements deleted Table 6; Development Requirements by Praecirnct: deletion of

• Open Space reciulrement Refe.renoe to City's poticies on norn,residen!ial uses adiaceo.t to reside11tial p:roi,erlie-s

Just:lflcationi

Re,ordering for"

Re--0rdering for ,greater consis!ency

Repetition in SPP7 .3 ,) Clat!'Se3..4

b) Clause 3,.3 c) Clause 4.10 dJ Clause 4.10 e) Clal.liSe 3,.7, 3.4, 4.5, 4.14 O Clause 4.10 g) Clau;se 4.7 h) Clause 4.16 i) Clause ;ui,. j) Clawse 4.9 k) Claw.e 3,.8 and 3.9 I) Clause 4.10

Co11cise:rn1ss

CO\!lered by LPS 42 • IMu'lliple Dwellinys, Open Sp0Ce is

co...-ered in SPP7 .3, a requirement. has been irno1udedl in da1.1S8 112.4 for l10ll:•residenlia1 develo:omernls, .

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9

10

11

12

Detelioo

Deletion

Changes.to Fl~ures

3 Preferrrad La11dl Uses

Active Frontagss and Adaprabi lity r,equi'rements ha.ve been del@Ltid

1. F'igure 2: 11.ocal Sltuoture Plan - style changes Agure 3: Aguire 3: Pr1v.ate rnterfa;ce, and hierarclny of -rro.ntages and movern~nt improwmenls - ·style change

3. Figure 4: Awnill!QiS - sl)'ie o'hanges 4. F~ure 5: l!.andholcllngs requlllln91 a lDP - 2 properties. excluded from

f™s requirernernl

Clilanges in Table 2: Land use permissibilify General naming updates to, matci'i UPS42 Deletio11 of uses thal a re r10 longer in ltle Sclneme

lndl111sian of ·•cash-in~li:eu for parkin~r me.ntion in 'Mov11mE111t, Access .amJ king'

• Clause 2. rmerpre~lon and scheme Rela1ioosllip covers City's policies in

'Wider sense. TM tenn Ac~ve Frontage made H1feJe11ca to an ,ol'rler plan. Cl!lmmtly, no plans manclale activ,e frornta:ges. The ou1Te11t AOP requires andl-0r airows activated ~ in Ille differ,enl precincts.

Fm Mlfl1iple, Dwel li~gs, acilve fronlages are · covered in SPP7 .3.

In Iha current draft, the reqllliMment for Aclii11aLedl uses i!i in a new secoon, und~r No~Reslderilial Developments, 1111

Cllause7.4.

In Ow current draft, th!l requlmment for .Adaptability is 1in a new seetioo, uncler

ori•Resklenlial De\leloornents. In Ct,ause 7.3. Cova.red in State Pllarmino IPo'licfes

1. Consistency 2. Consistency 3. Consistency 4. liho llals ex:cl111doo are,

COl'lsider:ed smaE.

Consiste:f'IICy Willi ILPS 42

Rarer to the City's ,,eCl8fltly a<IOpted Polley (lP.0,8 Cash-ln,Lieu for P<i!rking in the Cernlre Zo.ne)1.

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13,

14

15

16,

,,,5 Stonnwa:ter Maoo:gement 6. Acceptab □e-ve l'opmenl

outside the Railway ,(Core) Precincl

6.4 Single Htms·es and 1Grouped □we[lfngs Design Reqµirements

Non-r,esielenlial DevelQl>fflerd Re{lgirermmls

Stomiwaler manage:menl contenl change d1.1e to current 1practices.

Afeas willn R60 code had ll'l;e,ir plot ratio changed ·lhroughoul the document from 0. 7 to 0.8

'd illon or Single Hooses and G11011.1ped Dwellings De-sign 1Re,qui11emenl.s.

Acfif ition of 'Non-resid1,mlial Development Requirements'.

ConciSi9fless

To match SPP7.3

Recent .applications have been recdved .di there W&Te• no requiremen•s In lhe,

document to guide and assess su:cln app.1icatioos.

Ttiie proposed dmfl .accr,esses gaps in lhe w nrent doc..im.errt.

.Ad'drei.,r; gaP& In the current. document

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SD-023-20 Adoption of Canning Activity Centre Plan - Amendment 1

PROGRAM: Canning Sustainable Development

SUB PROGRAM: Liveable Canning

FILE REF: Q20/334

REPORT DATE: 1 October 2020

REPORTING OFFICER: Roberta Schuchmann - Senior Strategic Projects Planner

RESPONSIBLE OFFICER: Graeme Bride - Director Canning Sustainable Development

Strategic Plan Theme: BUILD - Accessible, pleasing urban spaces that are fit-for-purpose. Community Goal: Good amenities and lifestyle. Council Strategy: Public Transport integrated with housing.

Authority/Discretion: Legislative: Includes adopting Local Laws, Town Planning Schemes and Policies. Review when Council reviews decisions made by Officers.

Attachments: 1. SD-014-20 Attachment 1 Canning Activity Centre Plan - Amendment 1 - changes accepted to attach to Council report (D20/10873). (Large Attachments)

2. Schedule of Modifications (D19/130990). 3. SD-014-20 Attachment 3 Final Canning City Centre Activity

Centre Plan approved by WAPC 24 October 2017 with signatures (D17/163118). (Large Attachments)

In Brief:

The Canning City Centre Activity Centre has been designated as a Strategic Metropolitan Activity Centre under the Western Australian Planning Commission’s (WAPC) Directions 2031 and Beyond, Perth and [email protected] million and State Planning Policy 4.2 Activity Centres for Perth and Peel (SPP 4.2). Council resolved to adopt the Canning City Activity Centre Plan (Activity Centre Plan) at its 20 September 2016 Ordinary Council Meeting under item PR-034-16.

Council is now requested to adopt Amendment No. 1 to the Activity Centre Plan.

Amendment No. 1 brings the Activity Centre Plan in line with the recently adopted State Planning Policy 7.3 (SPP7.3) – Residential Design Codes Volume 2 – Apartments. The changes include general document restructuring and deletion of clauses that are covered in SPP7.3. It also adds Non-residential Development Requirements and a small section on Single Houses and Grouped Dwellings Design Requirements to address gaps in the current plan.

Council is asked to support the Officer Recommendation because:

1. It will align the document with SPP 7.3 and contribute to the reduction of red tape for land owners, developers and the City.

If the Officer Recommendation is not supported:

1. The Activity Centre Plan will retain the current inconsistencies with the new SPP7.3. This will result in a more complex and cumbersome development assessment process in the area.

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OFFICER RECOMMENDATION

That Council:

1. Pursuant to Schedule 2, Part 5 of the Planning and Development (Local Planning Schemes) Regulations 2015, resolves to adopt to advertise Canning Activity Centre Plan Amendment No. 1 (as per Attachment 1) to:

a) Delete requirements that are redundant due to the introduction of the State Planning Policy 7.3 – Residential Design Codes Volume 2 – Apartments.

b) Add development requirements for non-residential development.

c) Add development requirements for lower density developments.

d) Correct information and typographical errors where required.

e) Revising the draft laneway plan.

2. Authorises the Mayor and Chief Executive Officer to sign and forward Amendment No. 1 to the Canning Activity Centre Plan to the Western Australian Planning Commission requesting approval and an extension to the duration of approval, to start on the date of the approval of Amendment 1.

Relevant Council Resolutions

Council Meeting and Date Report No Decision (Summary)

OCM 15 October 2013 CF-012-13

Council adopted the Canning City Centre Activity Centre Structure Plan as a Local Planning Policy (LPP).

OCM 21 June 2016 PR-025-16 Council endorsed the draft Activity Centre Plan for public advertising.

OCM 20 September 2016 PR-034-16 Council resolved to adopt the Canning City Centre Activity Centre Plan.

OCM 19 March 2019 NOM-002-19

Council receives a report for its consideration outlining the City’s advice on any necessary amendment to the Canning City Centre Activity Centre Plan, to include consideration of developments to provide power outlets to recharge electric vehicles.

OCM 21 July 2020 SD-014-20 Council endorsed the draft Amendment 1 Canning Activity Centre Plan for public advertising.

BACKGROUND

1 The Canning City Centre Activity Centre has been designated as a Strategic Metropolitan Activity Centre under the Western Australian Planning Commission’s (WAPC) Directions 2031 and Beyond, Perth and [email protected] and State Planning Policy 4.2 Activity Centres for Perth and Peel (SPP 4.2).

2 Council adopted the Canning City Centre Structure Plan as a Local Planning Policy (LPP) at its Ordinary Council Meeting on 15 October 2013 (Item CF-012-13).

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3 The Activity Centre Plan is classified as an Activity Centre Plan under the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations), and the Deemed Provisions clearly set the terms for Activity Centre Plans. The planning purpose of an Activity Centre Plan is to coordinate the future subdivision and development of an activity centre.

4 The Activity Centre Plan operates within the existing planning framework. The City’s draft Local Planning Scheme No. 42 (LPS 42) provides the zoning and land use permissibility to ensure the operation of the Activity Centre Plan. Other instruments within the planning framework as mentioned above impact upon the preparation and adoption of the Activity Centre Plan.

5 A number of refinements have been made, following the adoption of the Activity Centre Plan as a LPP. These refinements and changes were discussed in more detail in the relevant 21 June 2016 Ordinary Council Meeting report, item PR-025-16.

6 Council resolved to endorse the draft Activity Centre Plan for the purpose of public advertising at its 21 June 2016 Ordinary Meeting under item PR-025-16 and resolved to adopt the Canning City Activity Centre Plan at its 20 September 2016 Ordinary Council Meeting under item PR-034-16.

7 Amendment 1 brings the Activity Centre Plan in line with the recently adopted State Planning Policy 7.3 (SPP7.3) – Residential Design Codes Volume 2 – Apartments. The amendment also proposes a few minor changes to improve the implementation of the Activity Centre Plan.

8 In relation to Council’s resolution on electric vehicle charging outlets (NOM-002-19), a new Clause 9.8 (Parking Standards) has been proposed, which would require new developments within the Canning City Centre to provide either electric vehicle charging infrastructure as part of the development or alternatively provide sufficient infrastructure to accommodate future electric vehicle charging points at a minimum of 20 percent of total bays. This control essentially aligns with design guidance statement DG.3.9.10 in SPP7.3 and ensures stand-alone commercial developments, which are not controlled by SPP.7.3, are subject to this consideration.

9 At its Ordinary Meeting on 21 July 2020, Council resolved to initiate Amendment No. 1 to the Activity Centre Plan (Amendment 1) (Item SD-014-20).

DETAILS

10 The Activity Centre Plan Amendment No. 1 proposes to make several changes to the Activity Centre Plan. The fundamental changes proposed as part of Amendment No. 1 are the following:

General Document Restructuring:

a) Title name change from Canning City Centre Activity Centre Plan to Canning Activity Centre Plan.

b) Change in clause numbers and header levels ordering for greater consistency.

c) Drainage management content change due to current practices.

d) Correct information and typographical errors where required.

e) Under sustainability bonus criteria, requirements have changed from a percentage of carbon emission to the Nationwide House Energy Rating Scheme (NatHERS) and energy efficient initiatives for consistency with other documents of the City and SPP7.3.

f) Setback for Albany Highway in the Riverside Commercial precinct changes from a minimum of 12m and maximum 15m to a minimum N/A and maximum 12m.

Changes in the Land Use Permissibility Table:

a) General Naming updates to match LPS42.

b) Deletion of uses no longer in LPS42.

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Deletion of Requirements that are covered by SPP7.3:

a) All requirements for Communal Open Space.

b) All requirements for Landscape and Public Realm.

c) All requirements for Building Orientation, Building entrances.

d) All requirements for Frontage Requirements.

e) All requirements for Crime Prevention through Environmental Design.

f) All requirements for Corner Lots.

g) Parts of the requirements for Noise Attenuation.

h) Parts of the requirements for Waste Management.

i) All requirements for Parking Design.

j) All requirements for Flexible and Universal Access Apartments.

k) Parts of the requirements for Movement, Access and Parking.

l) All requirements for Facades.

m) All requirements for Dual-Key Apartments.

Deletion of Requirements that are covered by other City’s Scheme, Policies and other State Planning Policies:

a) All requirements for Signage (covered in the City’s Policy LP.07 – Advertising Signs).

b) All requirements for Noise Attenuation and Working around railway lines (covered in State Planning Policy No. 5.4 Road and Rail Noise – SPP5.4).

c) All requirements for ‘Bicycle end-of trip-facilities and parking’ (quantity aspect covered in the Scheme and design aspect covered in SPP7.3).

d) Reciprocal Parking Arrangements covered in LPS42.

e) Variation of Car Parking Rates covered in LPS42.

Inclusions:

a) Inclusion of Cash-in-lieu for Parking under Movement, Access and Parking to refer to the City’s existing Policy (LP.-08 – Cash in Lieu for Parking in the Centre Zone).

b) Non-residential Development Requirements to address gaps in the current document.

c) Single Houses and Grouped Dwellings Design Requirements to address gaps in the current document.

d) Inclusion of requirement for electrical vehicle charging infrastructure (in response to NOM-002-19).

Changes to Maps:

a) Change to Figure 8: Landholdings requiring LDP to include 1430-1432 Albany Highway, Cannington (Canning Agricultural Horticultural and Recreation Society/Greyhounds site). It was required in text form in the previously approved Activity Centre Plan under Clause 5.2 but not identified in the map.

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b) Changes to main Activity Centre Plan Map (Figure 3):

i. Addition of purple line (water sensitive treatment) to areas near the train station.

ii. Update to the cadastre along Liege Street (to match the recently built road extension from Albany Highway to Grey Street).

iii. Update to Indicative laneways (to provide improved landowner and developer certainty over positioning and width of new laneways).

iv. Outline of power substation buffer to match recent updates to the Metropolitan Region Scheme (MRS).

c) Addition to a Laneway Plan with widths and cross sections in Roads (to provide improved landowner and developer certainty over positioning and width of new laneways).

CONSIDERATIONS

Legal Compliance

11 The Regulations outline the Activity Centre Plan amendment process. Canning Activity Centre Plan Amendment No. 1 will follow this process.

Policy Implications

12 Not Applicable.

Financial Considerations

Business Plan

13 Development and progression of the Canning Activity Centre Plan is in line with the Strategic Business Plan under the Strategic Land Use Planning core service.

Internal Budget

14 Work undertaken for the Canning Activity Centre Plan has been funded from the Strategic Planning Budget.

Asset Management

15 No current assets of the City are affected by this proposal.

Sustainability Considerations

16 The new Sustainable Policy was adopted 18 June 2019. The City is now working towards determining a set of City-wide targets, which will provide measurable criteria for sustainability progress assessment.

17 In advance of these targets having been developed by the City and endorsed by Council, this project addresses Sustainability Policy CM194 Commitment 4 by ‘A commitment to climate responsive urban development’ by ensuring climate responsive developments in the Canning Activity Centre Plan area.

18 The Activity Centre Plan takes an integrated, transit-oriented design approach to facilitate accessibility, mobility ad appropriate local economic growth.

19 The Activity Centre Plan allows for development bonuses when green infrastructure is integrated into the built form and natural landscape. The green infrastructure and natural landscape additions will assist in future-proofing the City against potential impacts of climate change.

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Consultation

20 The Regulations prescribe the statutory requirements for community consultation during the Activity Centre Plan Amendment process. These requirements have been observed throughout the community consultation activities for the Canning Activity Centre Plan. The advertisement was done through the local newspaper, the City’s website and a letter sent to landowners affected by the new laneway plan.

21 The consultation period occurred from 6 August 2020 until 3 September 2020.

22 During the advertising period it was identified that a minor adjustment in the laneway plan affecting the City’s land was required, near Pattie Street and Coker Park. The justification for the change is to ensure straighter angles in the Coker Park truncation and a wider laneway near Pattie Street to accommodate underground drainage retention. It would also promote a logical parallel laneway to the proposed laneway to the south. The changes to the laneway plan are depicted in the maps below.

BEFORE:

I

l!GfllO

D ..,c.aRoneo..""""t ..... .,. .. _,,,

llwllmorcturar

R.lNld and~., •fd* ~ • ll

•• 15

l..5lo

"-.... fladlao 10 Jm

A ... -,,_ - tl L..,.., ,h• - ' ~·

lndicaU..-e limeWilV Alignment Pian

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AFTER:

23 One submission was received from the Department of Communities who generally supported the amendment but also requested flexibility of planning controls as they would like the option of grouped dwellings near the school and parks. The submission is noted and the merits of such development can be assessed when a development application is proposed. At this stage no change to the preferred uses within the City Residential Precinct is proposed.

Other Considerations or Risks

24 The Activity Centre Plan Amendment depends on approval by the Western Australian Planning Commission and may face delays and direction for modifications at a later stage in the process.

V •

✓•

0 IOO MO lOOnt

""· --~- --lnclcanve Lariewav Alignment Plan

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Risk/ Opportunity Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

Officer Recommendation approved by the Council (positive outcomes) Opportunity A

Canning Activity Centre Plan Amendment

No. 1 is supported.

The amended Activity Centre Plan is sent to

WAPC for approval.

Likely Minor Medium

(Opportunity)

Officer Recommendation approved by the Council (negative outcomes) Risk B

Not applicable. Not applicable. Not applicable. Not applicable. Not applicable.

Officer Recommendation deferred by the Council Risk C

Canning Activity Centre Plan Amendment

No. 1 endorsement is delayed and the inconsistencies

between this plan and SPP7.3

remain for an additional period.

The reasons for requiring an

amendment to the Activity

Centre Plan is a consequence of

new state planning policy

changes and improvements

to the requirements of

the Plan.

Possible Moderate Medium

(Risk)

Officer Recommendation declined by the Council Risk D

Canning Activity Centre Plan Amendment

No. 1 is refused and the

duplication of requirements

between the Plan and SPP7.3 will

continue to remain resulting

in more complexity and

red tape.

The reasons for requiring an

amendment to the Activity

Centre Plan is a consequence of

new state planning policy

changes and improvements

to the requirements of

the Plan.

Possible Moderate Medium

(Risk)

COMMENT

25 Amendment No. 1 to the Canning City Centre Plan is critical to bring the Activity Centre Plan in line with the recently adopted (SPP7.3). Furthermore, the amendment and clarification of the Activity Centre Plan will contribute to the reduction of red tape for land owners, developers and the City.

VOTING REQUIREMENT

26 Simple Majority.

AGENDA BRIEFING COMMENT

27 Not Applicable.

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Canning Actlivlly C•entr,e· Plan Amendment No. 1 - Schedulle of IModll~l,catlons

Num'ber II New Ola\lse IN'umbelr

Tittle

2 All

3 Prefare

4 All

s Deleted

,, from 'Caninir\g City Centr

Typos. and corrections. 'throughout such as; • "metres" 1r,eplaced by "mff

• wrlnen numbers replaced by 11umerals • "&" replaced by "amid" • Hhwy" r-e plaood by Hh.lghway"

• "ave~ re-Dlaced by HAvenue" The Preface in, t.he ap,proved Activity Centre Plan •(ACP) COl'it.lins lnco1Wlstencles between the Scheme iH•d the Metropolitan Rieglo,n Scheme (MRS) bo1.mdari•e~. The pr,opos.ed drah ACP delet•e:$ the senternte and incon1oisten<:y. Reliision of the document structure. Change in cla u~e numbers and

ea der levels Deletion o, .

a} Parts ,of' 5.4.5 Co mm11nal Open .Sr;,ace bl Pans ,of 5.4.7 Landscaipe Considerations c) .Alli of S.4.9 Building Respons-e to Public Realm di .Alli of 5.4,10 P:ro.ntage Reaquirem1mts e) All of 5.4.11 Crime P,reventi1o n Through En.virMment.a I o-e:si,gn f)1 All of S.4.13 Com er Lots g)1 All of 5.4,4 Roof [email protected] hi .AU of 5.4, lS B11ildinf! t.ntrances i) Some of 5.4.22 r.loise Attenuation j) Alli of S,4,24 Storage units for Resfdentlal IDeveloipment

], AU of 5.4.25 Service/ Power Inf rastructure

I) All of 5.4.2.6 Air Conditioner and 'Water Heaters mJ1 All of 5.5 .1 Passive Design

''ustlftcatlo:n

Conci,s@ni!'ss

Admini!Strati ve change

The MRS .and the AO? boundaries need to be 4-c.mSi$tent.

Re-o rdertng for gttater cons.lsten-cy

Rep,etJition in SPP7.3 a) d a,UMl 3,.4 b) Oause 3,.3,

cJ1 O a.uw 4.10 d) a aus-e 4.10 e) a aus.e 3,.7, 3.4, 4.5, 4.14 f) OaUM! 4.10 g) d au5f! 4.11 h) Clause 3..7 ii Oaus,e 4;7 j) Cla.us.e 4,6 kl d a,u~ 4.18 II d a.uMl 4.18 mj Oa.us,e 3.2:, 4,.1 and 4.2

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Num'ber N'ew Cla:use IN'.umbef Chante J'ustifica1l0:n nl .Alli of 5. 7 ,5 P'ariking ID@s,ign Pflinci,pl'~s n) Oausli!' 3,.9. 01 De letion of "fleJ<i bfe and universa I access apartments" clause. o) Cla,u~ 4..9 Pl Alli of 9.1 Site Ac:cess, Servioing arid Loa-ding AtE.as. p) Oaus-e 3.8 and 3:9

6. Deleted

Deletion cf S!ignage requirements Covered in the City's Policy ILP.07 -Aclvertising s.,,gns)

Deleted Tfii, requiren, ent is redund!ant to the ,curr.mt

7 !Deletion of Dual•Key Hequirements .assessmen:t p~ocess. ihere is l'IO need for a, dedicated claus@ l!o dual•key apartmenit:S in th@AOP,

D@l~d Covered In Stare P'iannrng Policles jStarte 8 !Deletion of Noise atte1111atiion dause-s Plal'min11 Pofo:y No, 5.4 Rm1d and Rail Noise -

SPPSA) Deleted Measuring day-to•d.ay water use ilas IM!en

coruide red difficult because it depends on

9 D@l!!tlon cf H!qui~ements. that rela,t-e to Water Us,e under Sustainalbillty the w.an~ r ratilng .cf the whitegoods of each R@q uirnments., ~panmtmt. Wilitqoods ilr•e @asily

repla1;eable and only pro,vide ,a t:empor,arv sol'ut!on to the Issue.

10 Deleted

Deletion of Communal Open Sp11c@ rnqu irem@nts Communal Open Space requirements are ~overed In SP P7 _3,

Deleted The City typica'lly de:livers. the public r,ealm

Oetetlon of tile Pub I le Riealm Material da,us.e, an.d fellows its own public l\ea Im styl'e guld'e

11 whrm desig,iing. thA3se area;s. Furthe rmore, t ilis. dause does not apply to de\,l\elopment on pri,varbety owned lar1d.

Chan11e l!)eletion of 'Bicycle· end,ohrip•facilitJes and parking' reciurremec:nts as a

load Pia nning Scheme N'o. 42 (lPS 42) cov.ers lbicyde parking q,uantity ,equir,ements

g:enera I requirement. for Multiple Dwelling developments and SPP 12

1·r.cluslon of Clause 12.8 - car and IBicyde Parkl.ng requirement for Non-7 .3 already covers t,he design a51pect of eml

rse.sidential devef.opments of trip facilities.

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Num'ber II N'ew Cla:use IN'.umbef

13 Deleted Deleted

14

,.5 Deleted

·•6i D@lirt@d

1 1 Conte~

Chante

'Vanatlon of car Parkl Ill! Rates' deleted

Deletion of 'Activated Gr,ourtd Floor U:ses section'.

IDev-e lopments MJ,acent to the Railwav R-es.erve Requirement referri111B ·to e;-l(i,s·~in& State Plann ing Policies was 1removed

mes

ustifica1l0:n car and bicycle pa rl<ing design requirem@nts for Non-residential development are, now present in Claose 12.8 ·~o• add,r,e.ss the gap i,n the cu rr,ent AC!P.

Covered ilY LPS 4.2. lPS 42 1provides both minimum and ma)(lmum car 1parklng bays requirement for Centre 1.ones.

Tne t,erm Active Frontage referred to an older plan, No requiremll:nt Is ,currently provided in the A.CP for .actiiv,e frontaige:s. Tine curf,em ACP requires and/or .allows activated uses (which !)rovldle f,or the activated frontages! in th@ diffe r,1mt IPll!Cincts.

Active· ·trcmtages for 1M ultl,p!e Dwellings: is oover@d in S.PP7 .3.

The reciu lrement for ~vated Uses In Nol'I­

Residential De111elopm:ents is provided for

under aause 12.3.

Tne requirement fo r Adapt-ability (p:raeviou:slv in the 'Activated Ground Floor Us-es s.ect!ion) irS now in a new section, under NOn­Residential Developments, In Clause 12. l8.

lit Is not a phmn:lng requi i.raement. Atso, developments adja:cer11uo the railwav . are referred to PTA ,a,s part oif the development app.1icatlon procesi .

Ger1eral updates •for clari., .

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Num'ber

18

9,

20

21

22

N'ew Cla:use IN'.umbef 4 01!\'@lopment Appllcat!iori / Oesigr'i Reiliiew

6 Land Use a l'ld Preclnct Character

6.2 Desired La,11dl use Cnaratter for Ea ch Pn?cinct

6 .. 2 Desired Larn:l U'se Character for Ea ch Prec;inc;t 11 Si11gl\e 1-fou'.Ses and Grouped Dwellings; Oevelo pment Requirements. 12 Non-Residential Development Flequ I r,emenit~

7 IP'reci11ct S;p~iifiic Oevelo pment Requirements:

Chante Design, Rwiew Panel R,f!guiremcmts: Addit1011 of th!! fo llowi11g cl awe: lla1n.dm•ark sites, sites alone: Cecil Avernue or abutting open space Wrll be reciuired to be assessed bv a, design adviso.r;, c,ommittee•, C1i

• addition of ip11rplle li11e (w,ner sensitive tir,eaitmentl t.o, areas 111ear the trnin staition,

• upd,ne to the ca das.tre a'lo111ei Liege Street to reflect: the stil1eet ex.rern,io n recently wnstructed.

• updaite to indicative lanewavs to p~ovlde more certainty to 1,md owners on the aligmnent ,and width of new la 111eway~

• upcla1te to outline of pow-er substation buffer t o, maitcn tlile evised Metr,opol ita n Re,gio:n Sch i?me MRS

Gener.a l Land.scape Requirement Olaus.es ref,erring to Mn-desirab'le tree species llav,e bceen m011ed to the pr,ecintts that tnev apply to, nameily the Ftive rs,ld,e· ReSclde11tiaJ a111d !Riverside Commer,cial prec:fni::t~.

All the reql!lirements. p,er preci11ct have bee111 r,el'oeated fto 'Desired La11d Use Characte,r fo:r each Precln~. to 'Non-residential Dewlo,pment

ustifica1l0:n

Tnis amendment recogJni.ses tne !importance of speolfk sites in the ACP area.

Gen era.I u,pdiltei.

Tnls dause m . not desirable in spec:ifo: precincts and has been moved to appropriate secition for claiiitr,

l!tequrreme:nts' an<l Single IH'ouses and Grou,ped Dwellings Oe"velopment I Re-written for ,consiste111ty and cla11lty. lileq uiremems}.

Changes In Ta~le 2: Land use perml~slbllity

• G,eneral namine updates. to marten LPS42 • De letion of UIS.es t hat a~e oo long.er in Li'S42

• Add ltilor1 of "Bu'lky Goods. Showroom" to the Riverside Com mernial Pr,ecinct

•• Co111srsteincywlti'n IL?S 42 • Consr.stency wlfu ILF'S 42 • Addres.,s 11aps that were ide11tif1ed

duiri[l8 recent developmer1t proposals

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23

24

25

26

27

28

29,

30

31

7' Pr,ecinct S;pEM:i,fiic Oevelopmeli Reciuirement~

C

Rec:iu I l'@m@nil!>

7 Precinct ~peci,tlc Oevelo pment Requlr,emenits

7 Precinct S;p!!eifiic Development Regu I remen,ts 91.2 variation to R­Cod!es

10.3 Q,uarifical!ion for Hefght BQflUS

9'.8 P11 rking Requirements. 11 Si11gli@- Houses and Grouped Dwelling!> Development Reciu I remen,ts

Chante

Minimum and ma!Ximum heights col'J'ected ror Riverside Commercial and [email protected]!' Re5,id1mtia.l p:[email protected] match th@ plan,.

Minimum Ground Flloor heights Included for all Pr,ecincts.

Setbadk along Albar1y· Hicilway commercial changes from minlmum of 12m and maldmum 15m to M inimum N/A and Maximum 12m

ReqL1irement fu r minim1.1m andl ma)(im1.1m side seU1ai;t( above podium

Changes to 'Variation to R-Codes' (p;re'llrouslv 5 .4.1,I to c:larirfy the ActlvLtv CeM:re Pia f'I cloes not varv a f'IY R-Code dause. lr'iclusion of "Ca,sh~in-lie11 for Pa rkin1f umler 'Moveme.nt,, Acces.s and

e s0-Sitainability bom1s criteriia1 for M1.1ltiple Dwellings have been re­written and changed from percent3g.e of c:aribon em i:ssr.on to Natiollwide, House E11ergy Rating Sdheme, (N,itHERS) aml other energy effrcient inirl:iatives. Additf on of electricall Y.@hide ei'han8ji fig points far all mul mix.ed use and oon, residential dlevela,pmer1ts.

New requ irnmentswer·e added 'OesiBn Requirements for Sing~e, Houi;es

and Grouped Dwel linAs'

ustifica1l0:n arnd in th@ df!v@lopm1mt [email protected] proce~s.

Mm i ni strati\te clha rig,e

Tfie R-codes de-fer etound floor he-iglit:s to the Activity C,entre, Plan whidh previous_, had no r@Q11ir@m@nt for th@' matter. larger setbacks were required previously, du@ to prl!l11fsil:ir1.s. fior d ni11eways. and acc:@u in, the LP.13 Alb.any IHigmvay Acoess, N ~tworl:: !Adopted 1s.m .20119j.With tlie revised policy It rs now appropriate to ail low for buildings clos.,er to th@ footpaths, alone. Albany Highway.

Rely 011 tine req 1.1irement in SPP 7 .3

Clarirty and betibe;r cross; referenc-e with the revlsed R•codes. Refer to, tlie Oity's dl'arft Policy (LP.08 Cash­ln-lileu for Parkir,g In the Centre Zon,ej.

Comistency with otiher ,City documents a r1d :SPP'7'.3

Address topic discussed by Council.

Recent deveilopmer1t applications re(;eic11ed h~ligf;t.ed a ga;p where no requirements

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Num'ber N'ew Cla:use IN'.umbef Chante J'ustifica1l0:n Wffli! [email protected]@nt in tHI@ dooument to eui:d@and asse!'.s. such applications.

Th@ propocS@d draft addre:sse.s. the.se gaps in the current docL1ment.

Recent devellopment a,pplications re-cei111ed higihlighted a gap where no requirements

12 No.n-ResldenUal we,r,e prnwnt in U-1e dooument to ~uide and 32 Development A new section wa:s added 4No.n-:r-e.S!ide.ntial Development Requirements'. a-5:sess such appl ieiit!io ns.

Requ i remen1t~ Th@ propo5@d draft addrn:ss@s. [email protected]@• gaps in, tfle ,current dotL1ment.

12. Non-Residential Pa<S:sive Design was mo:ved out-s,]d'e sustainability and made applic-.1ble It is ,oov~red under SiPP7 .3 for residential 33 Development

Requirements, to no,n-re.side ntia! clevelopm ent arS. wel I. devell~pments

•· This i:s not a new requireme11t It was

13 Local Development Change 10 f;igure 8: landholdings requiring LOP to: requil'ed in te:d form in the approved

34 • sliade the G r,eyl\Ou ncls. document under pre,vious ,clause 5,,2, Plan!S • delete Centre ,Group ILDP • An LOP has. already beeri approved for

the Centre· GrotJp :sit:e. The Piao will prov,ide land owne~ more

35 14 Road Regu iremenh; Under Road Requirements., a Lainewav Pia fl with widiths. and cross clar,ity l',egarding the location and w1dt,h of sectilons has been, ad'ded. tlrle required 1-aneways_

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SD-024-20 Orrong Road Planning Study

PROGRAM: Canning Sustainable Development

SUB PROGRAM: Development Engineering

FILE REF: Q20/331

REPORT DATE: 1 October 2020

REPORTING OFFICER: Troy Bozich - Manager Development Engineering

RESPONSIBLE OFFICER: Graeme Bride - Director Canning Sustainable Development

Strategic Plan Theme: BUILD - Accessible, pleasing urban spaces that are fit-for-purpose. Community Goal: Good amenities and lifestyle. Council Strategy: Public Transport integrated with housing.

Authority/Discretion: Advocacy: When Council advocates on its own behalf or on behalf of its community to another level of government, body or agency.

Attachments: 1. Orrong Road Planning Study - request for endorsement to the planning design concept and land protection plan (D20/79069).

2. Orrong Road Planning Design Concept (D20/118695).

In Brief:

This report seeks Council’s support for the Main Roads WA planning design concept and land protection plan for Orrong Road between Great Eastern Highway in Rivervale and Leach Highway in Welshpool.

Main Roads WA has previously briefed Council on this project in November 2018 and undertook public consultation in May/June 2019. Since this time land requirement plans have been developed.

Council is asked to support the Officer Recommendation to provide its support for a significant upgrade by Main Roads WA of Orrong Road which will benefit City of Canning residents and businesses through reduce travel times, improved traffic safety, reduced noise levels, limited visual amenity impacts and retention of local road connectivity.

If the Officer Recommendation is not supported the City would lose an opportunity as a key stakeholder to advise the State Government of its support for a major transport initiative.

OFFICER RECOMMENDATION

That Council:

1. Supports the Planning Design Concept and Land Protection Plan for Orrong Road between Great Eastern Highway and Leach Highway as per Attachments 1 and 2.

2. Requests the Chief Executive Officer write to Main Roads WA advising of such support.

Relevant Council Resolutions

Council Meeting and Date Report No Decision

26 October 2016 IE-057-16 Endorsed response to Draft Perth Transport Plan for 3.5 million people and beyond

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BACKGROUND

1. Orrong Road falls under the care, control and management of Main Roads WA. In its current state, Orrong Road is a deficient link in the State’s road network. Orrong Road distributes traffic to Mitchell Freeway and Graham Farmer Freeway to the north-west and Leach Highway, Roe Highway and Tonkin Highway to the south-east.

2. Traffic studies have confirmed that Orrong Road currently operates at capacity, with up to 65,000 vehicles per day using the road. As Perth’s population increases, conditions along Orrong Road will deteriorate further, with traffic volumes likely to increase to 100,000 vehicles per day by 2031.

3. When the Orrong Road road reservation was first gazetted on the Metropolitan Region Scheme, Orrong Road was planned to be a six lane divided road at ground level with traffic signal control at major intersections. More recent investigations have confirmed that this solution is unviable because it is unable to service the forecast traffic demand, would have a significant impact on land and community amenity and result in no improvements to travel times.

4. The Perth Transport Plan states that Orrong Road will be upgraded to expressway standard between Graham Farmer Freeway and Roe Highway. Orrong Road provides an important link between the airport and Perth CBD via Leach Highway. Orrong Road is classified as a major freight route, providing access to the Kewdale, Welshpool and Forrestfield industrial areas, playing an important role in the movement of freight in and out of this precinct as well as internally.

5. An expressway is defined as a road primarily for through traffic, with dual carriageway and full control of access in the ultimate configuration. Intersections are generally grade separated. The posted speed limit is generally 70km/h or 80km/h. Public transport may use the road as an ‘express route’, with no stops provided on through carriageways. Paths run parallel to the road, with crossings of the through carriageway grade separated.

6. Main Roads WA has assessed several corridor treatment options, including the six-lane highway, expressway, viaducts (road bridge) and tunnels. The expressway option offers the most benefits in terms of preserving property, reducing travel times, improving safety and local amenity.

7. The expressway allows through traffic to flow freely without traffic signals for five kilometres, eliminating stop start conditions and reducing the chance of crashes. It also separates regional and local traffic, allowing safer crossing for pedestrians and cyclists.

8. A viaduct option was considered during the Gateway WA project and was not supported by local government (City of Belmont and Town of Victoria Park) as it severs the community (local road users would only be able to gain access to Orrong Road at Leach Highway or Great Eastern Highway), would be visually intrusive for nearby residents and results in potentially greater noise impact.

9. Lowering Orrong Road and eliminating traffic signals for the majority of through traffic is expected to reduce noise. However, as part of this study Main Roads WA will complete noise monitoring to inform noise modelling for the preferred concept. If required, noise mitigation measures will then be considered as part of further planning work.

10. Main Roads WA plans to upgrade the section of Orrong Road from the Graham Farmer Freeway to Leach Highway. The works include the Orrong Road – Leach Highway interchange and the Orrong Road – Division Street – Bell Street intersection which fall within the City of Canning. A majority of the works are adjacent to the City of Belmont (north side of Orrong Road) and the Town of Victoria Park (south side of Orrong Road).

11. Main Roads WA briefed Council on the Orrong Road Planning Study at a Strategic Issues Briefing on 6 November 2018 prior to commencing community consultation on the proposed upgrade to the road.

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DETAILS

12. Main Roads WA has undertaken extensive traffic assessment and considered several options to determine the preferred concept for upgrading Orrong Road. This concept maintains key local road connections along surface roads, with the majority of a full expressway for through traffic to be constructed below ground level. This expressway will deliver a five kilometre section of Orrong Road with no traffic signals for regional traffic as schematically shown on the below plan.

13. The benefits of the preferred concept are as follows:

a) Improves safety - Reduces the chance of crashes due to congested stop-start conditions or turning movements. Separates regional and local traffic. Pedestrians can safely cross the corridor using local surface roads.

b) Better traffic efficiency - Traffic forecasts show it will take five minutes to travel the expressway in 2031, compared to approximately 40 minutes on a six-lane highway with signals. Enhances important freight and commuter links.

c) Local connectivity - Local road connections are maintained via surface roads. Residential areas are not severed.

d) Reduces noise - Reduces noise for local residents by building the majority of the expressway below current ground level. Noise walls to be investigated in detailed planning.

e) Improves visual amenity - Regional traffic uses the expressway below ground level. Opportunities for public art and landscaping.

f) Preserves property - No homes are affected by the expressway option. Minor land impacts only.

14. A detailed fly through of the project is available on the Main Roads WA website. Links to videos are: https://youtu.be/NnON8k7t4BI and https://youtu.be/t_RPn3n1yhk. The below photograph shows the lowered Orrong Road passing beneath two signalised intersections in the City of Belmont / Town of Victoria Park.

ORAOHG ROAD

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15. The below photograph shows Orrong Road passing over the top of the existing Leach Highway – Orrong Road interchange in the City of Canning.

16. The below photograph shows Orrong Road passing over the top of the existing Orrong Road – Division Street – Bell Street intersection in the City of Canning.

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17. The Western Australia Planning Commission has supported the Main Roads WA concept and the Minister for Planning has now approved a Planning Control Area to protect the proposed road corridor, while the Department of Planning, Lands and Heritage prepares an amendment to the Metropolitan Region Scheme.

18. The areas of the Planning Control Area that affect the City’s property owners are shown on the below plan. The Planning Control Areas ensure that all development proposals which involve these land parcels are to be considered by the Western Australian Planning Commission and ensure the planning objectives (namely the future upgrade of Orrong Road) are not compromised.

I"

-·-

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CONSIDERATIONS

Legal Compliance

19. Not applicable.

Policy Implications

20. Not applicable.

Financial Considerations

Business Plan

21. Not applicable.

Internal Budget

22. When constructed all works will be funded by Main Roads WA.

Asset Management

23. There will be minor upgrades to City road, path and verge assets that abut the proposal.

Sustainability Considerations

24. The new Sustainability Policy was adopted 18 June 2019. The City is now working towards determining a set of City-wide targets, which will provide measurable criteria for sustainability progress assessment.

25. In advance of these targets having been developed by the City and endorsed by Council, this project addresses Sustainability Policy CM194 - Commitment 4 – A commitment to climate responsive urban development. This is achieved by undertaking land-use planning that takes an integrated, transit-oriented design approach to facilitate accessibility, mobility and appropriate local economic growth.

Consultation

26. The WA Planning Commission supported the Main Roads WA plans to enable stakeholder and community consultation. The consultation was undertaken in May and June 2019.

27. The main themes from Community Feedback were:

a) High levels of support for the concept.

b) Orrong Road is a critical transport connection for a wide range of residents throughout the south-eastern suburbs.

c) Support for maximising tree retention and/or replacement.

d) Significant frustration with current traffic congestion.

e) Support for extending the concept to Roe Highway.

f) Improved safety and decreased travel times a supported feature.

28. There were 355 responses to the consultation of which 87% supported the proposal. Of those that responded 41% lived on this section of Orrong Road, 13% lived on streets directly off Orrong Road and 46% drove along Orrong Road.

29. Further details of responses are available on the Main Roads WA and can be found here.

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Other Considerations or Risks

Risk/ Opportunity Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

Officer Recommendation approved by the Council (positive outcomes) Opportunity A

The City’s position on the Orrong Road Planning Study is communicated to Main Roads WA.

The City’s endorsement is provided to Main Roads WA.

Almost Certain Moderate High

(Opportunity)

Officer Recommendation approved by the Council (negative outcomes) Risk B

Some residents may not be supportive of the works.

Main Roads WA have undertaken extensive consultation with the vast majority of impacted residents in support of the proposal.

Unlikely Moderate Medium

(Risk)

Officer Recommendation deferred by the Council Risk C

The City does not respond to Main Roads WA by the time requested.

Council has been kept informed of the Main Roads WA request.

Unlikely Moderate Medium

(Risk)

Officer Recommendation declined by the Council Risk D

The City does not respond to Main Roads WA.

Council has been kept informed of the Main Roads WA request.

Unlikely Moderate Medium

(Risk)

COMMENT

30. It is recommended that Council support the planning design concept and land protection plan for Orrong Road between Great Eastern Highway and Leach Highway as per Attachments 1 and 2.

VOTING REQUIREMENT

31. Simple Majority.

AGENDA BRIEFING COMMENT

32. Not Applicable.

Item SD-024-20 - Attachment 1 Orrong Road Planning Study - request for endorsement to the planning design concept and land protection plan

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,_. mainroads "~ \\l· '-IJR'- \l',Jl(\1. 1 \

Enquiries: Anika Bezaud (08) 9323 5417 Our Ref: 16/6990 Your Ref:

16 June 2020

Mr A Kyron Chief Executive Officer City of Canning Locked Bag 80 Welshpool WA 6986

Dear Mr Kyron

ORRONG ROAD PLANNING STUDY

1 B JU~ zm I I

As you are aware, the purpose of the Orrong Road planning study was to develop an ultimate planning design concept and land protection plans to support an amendment to the Metropolitan Region Scheme (MRS).

Through extensive traffic assessment, Main Roads identified a preferred network option that introduces an expressway system between Great Eastern Highway in Rivervale and Pilbara Street in Kewdale. This concept provides improved amenity for the local community, pedestrians and cyclists, a safer and more efficient road network, and reliable journey times.

This review has been undertaken in consultation with key stakeholders including the Town of Victoria Park, City of Belmont, City of Canning, Department of Transport, Public Transport Authority and Department of Planning Lands and Heritage. Furthermore, with the support of the Western Australian Planning Commjssion (WAPC), Main Roads undertook extensive community consultation between 27 May 2019 and 22 July 2019.

Following completion of this consultation period, a Planning Control Area (PCA) boundary was defined and submitted to the WAPC. This PCA was gazetted in March 2020 and protects the land required for this project (enclosed).

Main Roads is now seeking City of Canning Council's endorsement to the planning design concept and land protection plan. Subsequent to Council's endorsement, Main Roads will prepare advice on the planning review and provide a report to the WAPC seeking that an amendment to the Metropolitan Region Scheme (MRS) be initiated.

I would like to thank you for your time and input to this study. Please also extend my appreciation to any other members of your organisation who contributed to the study. If you require any further information, please contact Anika Bezaud on (08) 9323 5417.

Yours sincerely

~ Lindsay road Director Road Planning & Development

Enc. PCA 142

Main Roads Western Australia Don Aitken Centre. Waterloo Crescent. East Perth WA 6004 PO Box 6202, East Perth WA 6892

malnroads.wa.gov.au [email protected] 138138

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7.4 Director Canning Environment

EN-025-20 Kent Street Weir Precinct Plan

PROGRAM: Canning Environment

SUB PROGRAM: Canning Environment

FILE REF: Q20/330

REPORT DATE: 1 October 2020

REPORTING OFFICER: Giles Pickard - Landscape Architect

RESPONSIBLE OFFICER: Warren Bow - Director Canning Environment

Strategic Plan Theme: BUILD - Accessible, pleasing urban spaces that are fit-for-purpose. Community Goal: Beautiful and green urban spaces. Council Strategy: Pleasing public open spaces with waterwise landscaping.

Authority/Discretion: Executive: The substantial direction setting and oversight role of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Attachments: 1. Kent Street Weir Precinct Plan 2020 (D20/127685). 2. Kent Street Weir Precinct Plan 2020 - Staging and Access

(D20/127687).

In Brief:

In 2015, Council endorsed the Kent Street Weir Local Area Management Plan - Review 2015 (the Plan) as the precinct plan and its vision for the area. Council also authorised further refinement of the Plan regarding the staging of the project, the proposed provision of a skateboard facility and additional car parking.

Since 2015, the first two stages of the upgrade to parkland have been completed, the Kent Street Weir has been refurbished and Wilson Park has become a dog exercise area. The Plan has been refined to address the 2015 Council resolution, adapt to the other changes at the site, and to rationalise the number and size of buildings to maximise community benefit. The objectives of the Plan remain to provide a complex, multi-faceted, well-integrated and environmentally responsive outdoor recreation space.

The refined 2015 Plan is now known as the Kent Street Weir Precinct Plan (KSWPP). The timeframe for the delivery of stages 3 and 4 of the KSWPP works has been compressed from nine years to two years, in order to minimise on-going disruption to the site for visitors, stakeholders and surrounding residents.

Council is asked to support the Officer’s recommendation because endorsement of the KSWPP will:

1. Give certainty to staff to progress detailed design elements within the precinct;

2. Provide assurance to the Canning River Canoe Club and other key stakeholders in relation to the provision of amenities within the precinct;

3. Enable the redevelopment to be completed in a shorter period of time and minimise disruption to KSWP users and stakeholders; and

4. Allow the substantial completion of the long-planned upgrade to the Kent Street Weir Precinct by mid-2022, subject to adequate budget being adopted in future years.

If the Officer’s recommendation is not supported:

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1. The planned upgrade to the parkland will be significantly delayed and optimal community use and enjoyment of the site will not be realised.

OFFICER RECOMMENDATION

That Council:

1. Adopts the Kent Street Weir Precinct Plan 2020 as per Attachment 1 to this report.

2. Endorses the staging of works to deliver the Kent Street Weir Precinct Plan 2020 as per Attachment 2 of this report.

3. Requests the Chief Executive Officer to:

a) Allocate $6.5 million in the City’s draft 2021/2022 Annual Budget to implement Stage 4 of the Kent Street Weir Precinct Plan 2020; and

b) Instigate a feasibility study for the development of a water craft facilities hub at Centenary Park West and allocate funds in the draft 2021/2022 Annual Budget for the study.

Relevant Council Resolutions

Council Meeting and Date Report No Decision

OCM 18 January 2011 CS-003-11

That: a) Mr and Mrs Mori and the Canning River

Canoe Club Inc be advised that their applications for development of canoeing facilities at Kent Street Weir Park/Wilson Park is refused pending Council’s agreement of the outcomes of the Kent St Weir Park / Wilson Park area management plan.

b) Mr & Mrs Mori & the Canning River Canoe Club are advised of other location options that can be considered in the meantime should they wish.

c) In the 2011/2012 Draft Budget a sum of $50,000 to review and produce recommendations with relation to the future use and development of Wilson Park/Kent Street Weir is considered.

d) A Council Forum be arranged to discuss the Kent St Weir Park / Wilson Park review in early 2011.

CARRIED UNANIMOUSLY

OCM 22 May 2012 ET-068-12

That:

(a) Council receive report ET-068-12. (b) Council authorise calling of quotes from

suitably qualified consultants to undertake the Kent Street Weir Local Area Management Plan.

(c) On completion of the draft study, a further report be presented to Council detailing the study outcomes and recommendations.

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Relevant Council Resolutions

Council Meeting and Date Report No Decision

(d) Acting Chief Executive Officer be authorised to display a sign to encourage residents to participate in the concept future plans of the Precinct.

CARRIED (8/1)

OCM 30 July 2013 ET-060-13

That: 1. Council approve the advertising and

distribution of the Draft LAMP Concept Plan for community review and comment. The comment period to be six weeks from the date of advertising.

2. Comment received be reported to Council, together with an analysis of the feedback including recommendations in relation to any necessary modifications of the Kent Street Weir Local Area Management Plan.

CARRIED (1/0) Carried: 1/0

OCM 19 November 2013 ET-079-13

That: 1. The draft Kent Street Weir Local Area

Management Plan be further reviewed and refined to reflect those significant aspects of the feedback received from the stakeholder and community consultation process as discussed in this report.

2. The City proceed to complete a levels and features survey for the site.

3. The City initiate a review of the requirements implied by the designation of Lot 3805 as ‘possibly contaminated – investigation required.

4. The City prepare a brief for undertaking an assessment of the most appropriate manner for addressing potentially increased sewerage requirements at the site and engage appropriate consultants to undertake that assessment.

5. That the sum of $100,000 be listed for consideration in association with the 2014/2015 Annual Budget to facilitate the further investigations and detailed design of the Kent Street Weir Precinct.

6. Following completion of the further review and refinement of the draft Kent Street Weir Local Area Management Plan, a further report be presented to Council seeking endorsement of the final concept.

CARRIED (1/0)

OCM 20 August 2015 IE-053-15

That Council: 1. Authorises the release of the revised draft

Kent Street Weir Local Area Management Plan for stakeholder and community consultation.

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Relevant Council Resolutions

Council Meeting and Date Report No Decision

2. Receives a report detailing the outcomes of the community consultation and recommending final adjustments, if any, to the Kent Street Weir Local Area Management Plan.

CARRIED UANIMOUSLY (3/0)

OCM 13 October 2015 IE-068-15

That Council: 1. Endorses the Draft Kent Street Weir Local

Area Management Plan – Review 2015, as the precinct plan and its vision for the area.

2. Authorises further refinement of the plan through consultation with stakeholders in the context of the staging of the project, skateboard facility and car parking.

3. Authorises the progression of the plan to the detailed design stage.

4. Authorises the listing of further design stages, together with the initiation of aspects of the development within the Capital Forward Plan, for consideration in association with future capital works budgets.

CARRIED UNANIMOUSLY (3/0)

OCM 19 July 2016 IE-039-16

That Council: 1. Approves the City entering into a new

lease with the Canning River Canoe Club Incorporated for a portion of Lots 25 and 26 Queens Park Road, Wilson as identified in the image contained in this report for a term of seven (7) years.

2. Authorises, in accordance with the provision of the Local Government Act 1995 9.49A(1)(b) and (4), the Chief Executive Officer to finalise and sign the lease documentation between the City of Canning and the Canning River Canoe Club Incorporated.

CARRIED UNANIMOUSLY (11/0)

OCM 19 June 2018 EN-015-18

That Council: 1. Pursuant to Subsection 31(3C)(b) of the

Dog Act 1976 as amended, gives 28 days’ notice in accordance with Section 1.7 of the Local Government Act 1995, of the intention to specify Wilson Park as a dog exercise area until 31 March 2019.

2. Undertakes community consultation for a period of three months.

3. Requests a report be presented to the subsequent Ordinary Council Meeting after the conclusion of the consultation period, to consider the outcome of the consultation and determine whether Wilson Park should continue to be a dog

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Relevant Council Resolutions

Council Meeting and Date Report No Decision

exercise area after 31 March 2019, with specific regard to the Kent Street Weir Precinct Plan.

CARRIED BY ABSOLUTE MAJORITY (11/0)

OCM 19 February 2019 EN-001-19

SUBSTANTIVE MOTION 1. Approves the continuation of Wilson Park

as a dog exercise area after 31 March 2019, until a permanent dog exercise area is established as part of the redevelopment of the Kent Street Weir Precinct.

2. Approves the establishment of a permanent dog exercise area for the Kent Street Weir Precinct.

3. Requests the Chief Executive Officer to give Public Notice of Wilson Park as a dog exercise area until a permanent dog exercise area is established as required in Section 31 of the Dog Act 1976 as amended.

CARRIED BY ABSOLUTE MAJORITY 10/0

BACKGROUND

1 The Kent Street Weir Precinct (KSWP), incorporating Kent Street Parkland and Wilson Park which was previously a sports ground, is part of the Canning River Regional Park and within the larger Swan Canning Riverpark. This environmentally sensitive area is one of the City of Canning’s (the City) most popular places for outdoor recreation and events. The weir itself creates two riparian environments; with saline tidal water downstream and fresh water upstream strongly influencing the distinct vegetation communities on either side of the weir. This makes the location a particularly valuable resource for environmental education. The parklands and surrounds have cultural significance for the Aboriginal community.

2 The parklands abut Wilson Wetland and lagoon to the north, the City of Canning Operations Depot to the north-east, a residential area to the east, the Canning River to the south and, to the west, part of the regional park that is currently owned by the trustees of the Christian Brothers and contains the Castledare Miniature Railway.

3 Facilities at the parkland include the Canning River Eco Education Centre (CREEC), the Canning River Café, a boardwalk and dipping deck upstream of the weir, canoe launching facilities, park amenities including barbeques, shelters and picnic tables, pathways, ablution facilities, a BMX track and one of the stations of the Castledare Miniature Railway. Wilson Park has been repurposed as a fenced dog exercise area and the old sports pavilion is currently leased by the Canning River Canoe Club, incorporating the Fury River Dragon Boat Club and used to store craft near the launching facility.

4 In 2011, it was recognised that the precinct required master planning so that adhoc, piecemeal development did not adversely affect the values and functionality of the area. After a preliminary workshop with Elected Members and consultation with the Swan River Trust and the then Department of Environment and Conservation in 2012, a consultant was appointed to prepare a concept master plan for the precinct and to undertake extensive community consultation with residents and stakeholders.

5 Later in 2012, the draft landscape master plan was made available for six weeks for community comment and two stakeholder events were held; attended by government, resident and ratepayer

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groups and environmental volunteer groups. In 2013, the community and stakeholder responses to the draft master plan were reported to Council (ET-060-13), which endorsed the refinement of the plan in response to the engagement process.

6 In 2015, a refined sketch plan was reported to Council. The plan responded to key concerns raised in the community and stakeholder consultation process. Council endorsed the release of the revised plan for further community and stakeholder consultation. This consultation process included invitations to comment to 154 local residents and ratepayers, other individuals who had commented during the previous consultation process, eight community groups and the then Department of Parks and Wildlife. The plan was on display in the City’s libraries and the Administration Building for the general community.

7 Later that year, the outcome of the second consultation process was reported to Council (IE-068-15), which endorsed the plan as the vision for the area, authorised further refinement of the plan through consultation with the stakeholders in the staging of the project, proposed skateboard facility and car parking and authorised the plan proceeding to detailed design. The plan was further refined and a program was developed for the staging of the works over several years. There have been a number of Strategic Issues Briefings to Elected Members since that time to provide updates on progress.

8 In 2016, the Canning River Canoe Club (CRCC) sought a review of the terms of their lease of the Wilson Park Pavilion, which had been in place since 2013. The Club sought a five year lease with an additional five year option, to provide medium term security and allow the club to plan investment for future improvements to the facility. Given the plans for the redevelopment of the precinct as a whole, Council resolved to offer the Club a seven year lease, which includes a 12 month notice of termination, should the existing premises need to be demolished during the lease term.

9 The Club currently uses the premises for meetings and for storing craft owned by the Club, the Fury River Dragon Boat Club vessels and some privately owned craft. Many of the Club activities take place in the Wilson Park Pavilion and the Club also runs some functions out of Shelley Sailing Club over approximately 6 months of the year, to make use of the higher water levels in this part of the river in the drier months.

10 Since 2015, works completed within the KSWP include the dipping deck for environmental education, the formalisation of the turf and beach area immediately upstream of the weir, fencing and planting between the turf and foreshore vegetation upstream of the weir and the installation of paving and sheltered seating below the Canning River Café as Stage 1 of the works. Over this time, the Department of Water and Environmental Regulation completed an upgrade of Kent Street Weir including a realignment of the approach path.

11 Stage 2 of the works, completed last financial year, included the installation of all abilities picnic and barbeque facilities downstream of the weir and the installation of a ‘woody meadows’ garden near the Castledare Miniature Railway station, which is part of an Australia-wide trial. Concurrently the Department of Biodiversity, Conservation and Attractions constructed a Riverpark Interpretation Node along the bank immediately downstream of the weir, one of several installed at key recreational locations in the Swan Canning Riverpark.

DETAILS

12 The City has refined the KSWPP that was adopted in 2015 to respond to specific issues raised at the time.

13 Delivery of the KSWPP was discussed by Elected Members during the 2020/2021 budget deliberations, with a view to bringing the completion of this project forward. The resultant 2020/2021 budget allocation has enabled the timeframe for the delivery of Stages 3 and 4 of the works to be compressed to approximately two years so that the disruption to the site occurs over a much shorter timeframe than the nine years that was originally proposed (as listed within the City’s Corporate Business Plan 2018-2021).

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14 Refinement of the KSWPP (refer Attachment 1) has addressed the staging of works, the proposed development of skateboard facilities in the youth space, the provision of additional car parking and also accommodates other changes to the site since 2015; including the upgrade of the Kent Street Weir and the establishment of a dog exercise area at Wilson Park. Other key elements including the layout of pathways, the new play spaces, environmental interfaces and community facility buildings have been modified to adapt to these changes and provide a complex, well-integrated recreational space.

15 The proposed staging of the KSWPP is shown in Attachment 2 of this report.

16 The provision of skateboard facilities in the youth space has been reconsidered on advice from the City’s Youth Development and Programming team, who recommended that any major youth spaces are within close proximity to public transport, to allow youth access independent of the need for parental transport assistance. This advice is further supported by the Burrendah Skate Park Report which included a draft City of Canning Skate Park Network Plan. This draft plan did not recommend a skate facility within the Kent Street Weir Precinct. The focus on upgrading the existing BMX track to a bicycle pump track with both learner and experienced sections, will allow young people to choose to cycle to the facility while supporting and encouraging sustainable transport options.

17 The proposed additional car parking will be developed via a landscape-led design process which aims to minimise the visual impact of vehicles for nearby residents. The design process will include a focus on employing the principles of Crime Prevention through Environmental Design and Water Sensitive Urban Design, including where feasible, the use of alternatives to impermeable paving. Concurrently e-bike facilities will be provided to encourage visitors to use alternative forms of transport.

18 The Stage 3 works, programmed and funded for the current 2020-2021 financial year, include enhancement of the conservation area adjacent to Wilson Wetland and the Castledare Miniature Railway, the construction of a permanent fenced dog park with separate areas for active and reticent dogs, an expanded events area and the upgrade of the sewer system. In addition, the detailed design work will be completed for the proposed Stage 4 works this financial year.

19 The Stage 4 works include the upgrade of the playground, the youth activities space, the ablution and amenities building, storage facilities for CRCC, large scale turf upgrades to resolve drainage and waterlogging issues, irrigation upgrades, electrical upgrades and additional car parking facilities. These are anticipated to be delivered in the 2021-2022 financial year.

20 The final Stage 5 of the KSWPP proposes the upgrade of the CREEC building which is likely to include an expansion of the floor plan and improved shared amenities for the centre and the café. It is proposed that CREEC transition to a multi-purpose sustainable events venue, lifelong learning facility and regional sustainability/circular economy hub. The City is currently undertaking a co-design project with Curtin University’s School of Architecture and the Curtin University Sustainability Policy Institute for the CREEC building.

21 A key consideration in the KSWPP has been the rationalisation and optimisation of usage of buildings in the precinct. For context there are currently three buildings within the Kent Street Weir Precinct:

a) CREEC, which is approximately 450m2 and includes the Canning River Café;

b) The ablution block, which is approximately 115m2 and includes some storage that is used by the City and the Café; and

c) The Wilson Pavilion, which is approximately 500m2 and is leased to the Canning River Canoe Club, which hosts the River Fury Dragon Boat Club.

22 The Wilson Pavilion is sited within the area that the district level play space has been proposed within, as per the 2015 endorsed Plan. This building is nearing the end of its useful lifespan and is to be demolished as part of Stage 4 works.

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23 The City has engaged with the clubs over several years to understand their requirements. The clubs have in the past expressed a strong preference to have a large, two storey water sports facility with easy access to the river within the Kent Street Weir Precinct that is capable of accommodating an increased membership and expanded storage facilities, including private craft storage.

24 Four options have been developed, with engagement from the clubs, with indicative building sizes and the below Quantity Surveyor costings:

Canoe Club Facility Options Size (m2) Costing

Option A: Public amenities, including small watercraft storage 140 $1,000,000

Option B: Small scale community facility 630 $2,500,000

Option C: Two storey multi use facility and amenities 1,060 $8,100,000

Option D: Two storey large water sports facility 1,300 $9,990,000

25 The KSWPP includes a reduced footprint for Option A, but provides a new storage facility to be built to the east of the CREEC building. This is as a result of discussions with the Canning River Canoe Club who have provided in principle support for the City to build an interim solution to the east of the CREEC building. This building will provide for storage at least until the results of the proposed water craft facilities hub feasibility study are known. This solution incorporates sufficient storage to accommodate the existing storage requirements, plus the Canning River Canoe Club’s and River Fury Dragon Boat Club’s craft, but not the private craft of club members. If this option is adopted the clubs would have the opportunity to use CREEC for meetings and other appropriate club functions/events.

26 By removing the storage of watercraft from the scope of the public amenities building and reducing Option A to a single facility of 100m2 which incorporates smaller storage for precinct operations, it increases the available outdoor recreational space in the heart of the redeveloped park. A minor cost reduction is also achieved.

27 The City has investigated the feasibility of relocating the clubs to other sites in neighbouring local government areas, including the City of South Perth and the City of Melville, but without success. Sites within the City of Canning that were also assessed include Shelley Beach Park, the Riverton Bridge boat ramp, Masons Landing and Centenary Park West.

28 Of these locations, only Centenary Park West is potentially feasible, and it is recommended that the possibility of developing a co-located facility incorporating TS Canning Naval Cadets and the Canning Sea Scouts, which are both currently based at Centenary Park West, as well as the Canning River Canoe Club and the Fury River Dragon Boat Club be investigated. It is estimated that such a facility would cost approximately $11.1M, which included the provision of a jetty for watercraft launching. The two buildings that are currently present on this site are both nearing the end of their useful lifespans and will require significant renewal or replacement to allow these clubs to continue to operate in this area.

29 The major drawback of this site is that it is currently difficult to launch water craft onto the river from this location, because of the build-up of silt since the TS Canning and Canning Sea Scouts facilities were constructed. However, this would not preclude the site being used for watercraft storage and club meetings and events. A jetty or similar structure could be constructed for water craft launching, though along with any major changes to the buildings in the area, will also require the approval of the Department of Biodiversity Conservation and Attractions.

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CONSIDERATIONS

Legal Compliance

30 Not applicable.

Policy Implications

31 BR.01 Tenancy Management.

32 FM.07 Asset Management.

Financial Considerations

Business Plan

33 The current capital allocation for Kent Street Weir Precinct Project is $2,000,000. This will deliver Stage 3 works and the detailed design for Stage 4 works. The City’s Forward Capital Works Plan includes provisional allocations of $6,500,000 to deliver Stage 4 works. Stage 5 - the upgrade of the facilities at CREEC, is still in the early planning phase and has not yet been estimated or programmed.

34 A feasibility study for the development of a water based recreation hub at Centenary Park West will require a budget allocation of $50,000 in the 2021-2022 Annual Budget.

Internal Budget

35 As the KSWP is upgraded to a higher standard, the requirement to increase the operation budget is critical, to ensure the parklands and amenities are maintained to the standard expected of the community. It is expected that as a result of the increased and upgraded infrastructure within the park that the maintenance budget required to service the area will commensurately and significantly increase. The current budget allocation for maintenance of the parks area is $78,459 which is anticipated to increase to over $150,000.

36 The current budget allocation for the facilities within the park is $32,045 and this is also anticipated to increase to over $60,000 following completion of the project. Additional waste servicing will also be required as a result of the project.

Asset Management

37 Both new and replacement assets constructed as part of the delivery of the Kent Street Weir Precinct Plan will be included in the City’s Asset Register and asset management plans.

Sustainability Considerations

38 The new Sustainability policy was adopted on 18 June 2019. The City is now working towards determining a set of City-wide targets, which will provide measurable criteria for sustainability progress assessment.

39 In advance of these targets having been developed by the City and endorsed by Council this project addresses the following Sustainability Policy CM194 commitments:

a) Policy Commitment 1 - ‘A commitment to innovation, leadership and continual improvement’. Through the provision of a range of upgraded park assets, the public open space will be left in a better state for future generations than it currently is. This will facilitate its continued operation and overall improvement as a premier piece of public open space for generations to come. To not move forward with the redevelopment will mean that the existing assets within the park continue to deteriorate and that future generations will have a lessened experience and opportunities for recreation within the reserve. The City will embed innovation and best

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practise sustainability measures and public open space design to show its commitment to leadership in these areas.

b) Policy Commitment 3 - ‘A commitment to responsible resource management and impact reduction’. The redevelopment of the area will lead to increased and enhanced biodiversity through both natural areas and created habitat areas, such as tree planting, native garden beds, and the wetland buffer zone area. Through the use of sustainably sourced materials, the parks development will ensure that impacts associated with the delivery of the works and assets is minimised, while protecting and enhancing the natural resources currently within the site. Other resources used to currently maintain the parkland, such as water and power, will be reduced through smart and integrated design. The efficiency of resource use will be improved through upgrades, such as irrigation and electrical to prevent wastage and make the use of new efficient technologies and fittings, not currently utilised in the reserve. Environmental protection will be greatly enhanced and the current high impact of nutrients entering the river system will be removed from the transfer of sewer waste from leach drain systems to the main sewer.

c) Policy Commitment 4 - ‘A commitment to climate responsive urban development’. The proposed redevelopment will protect and improve in the long term, the overall tree canopy within the area. This will provide both natural and artificial shading (through the provision of additional shade shelters and a shaded play area). Water runoff from storms and increased extreme rainfall events will be captured through Water Sensitive Urban Design measures, which along with the increased tree canopy, will add to the cooling of the surrounding area, through vegetation transpiration and a reduction in hard surfaces. The design will ensure that the bushfire resilience of the reserve and its infrastructure is upgraded to be resilient long into the future.

Consultation

40 In 2013 and 2015, the City undertook extensive community engagement and consultation with local residents, park users and other stakeholders in the development of the Kent Street Weir Local Area Management Plan. In addition, the City has engaged with relevant stakeholders during the detail design and construction of Stages 1 and 2. Further engagement will be undertaken with relevant stakeholders for specific elements of Stages 3 (especially playground design, pump track, car parking and landscaping), 4 and 5 as they occur.

41 Canning River Canoe Club, through President Mr Christian Thompson, has been consulted on the Plan and has provided in principle, support for the location of the proposed Canning River Canoe Club storage facility and the two canoe wash down facilities. The Club’s minimum storage requirements was for a facility to be 220m2. Originally, the City had planned for the storage facility to be 60m2, but subsequent discussions and design changes has led to a negotiated outcome whereby the full 220m2 is proposed to be built in one location to the east of CREEC.

42 The Club have also indicated that they would be willing to use the CREEC building for clubroom activities, subject to discussions with the City on fees and charges.

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Other Considerations or Risks

Risk/ Opportunity Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

Officer Recommendation approved by the Council (positive outcomes) Opportunity A

The completion of the redevelopment of the Kent Street Weir Precinct can proceed with a shorter period of disruption for visitors and surrounding residents.

Carpark extension will be landscape led to optimise outcomes for residents and the environment.

Precinct upgrade will be realised after many years of consultation and design.

Design’s environmental aspects are consistent with 2015 endorsed Local Area Management Plan.

Provides absolute guidance to Officers to deliver the construction of Stage 3 and detail design of Stage 4 this financial year.

Delivery of Stage 4 in 2021-2022 financial year.

Likely Significant High

Officer Recommendation approved by the Council (negative outcomes) Risk B

Increased annual budget allocations required to deliver Stages 3 and 4 in a compressed timeframe.

Negative response from some residents regarding increased car parking.

Increase costs for ongoing maintenance of the upgraded areas to community expectations.

Adopted budget has adequate allocation for this financial year and Forward Capital Works Plan includes required allocation for next financial year.

Engagement and communication plan will focus on resident issues. Design will focus on minimising impact on residents.

Maintenance costs are included in the Long Term Financial Plan.

Possible Moderate Medium

(Risk)

Officer Recommendation deferred by the Council Risk C

Delay in proceeding with delivery of Stage 3 and detail design of Stage 4.

Creates uncertainty for onsite Lessees.

Creates more ongoing disruption for park users, as works will be undertaken over a longer period of time. This may

Extensive engagement has been undertaken with stakeholders. Design responds to issues of concern.

Possible Moderate Medium

(Risk)

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EN-025-20 Kent Street Weir Precinct Plan EN-025-20

Risk/ Opportunity Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

result in higher costs, as economies of scale are not realised for delivery of works.

Officer Recommendation declined by the Council Risk D

Uncertainty about the timeframe and mandate for delivery of Stage 4.

Creates uncertainty for onsite Lessees.

Creates more ongoing disruption for park users, as works will be undertaken over a longer period of time. This may result in higher costs as economies of scale are not realised for delivery of works.

Extensive engagement has been undertaken with stakeholders. Design responds to issues of concern.

Possible Significant High (Risk)

COMMENT

43 The Kent Street Weir Precinct is the jewel in the City’s Public Open Space crown and has a rich history for many Canning residents, pre and post settlement.

44 The Local Area Management Plan has been in place since 2015 and has only had two minor stages of upgrades completed. The remaining spaces are tired and in need of an upgrade to meet the community’s expectations now and for many years ahead.

45 Council has supported the need to upgrade the precinct, by bringing forward $2,000,000 in this year’s Annual Budget to deliver Stage 3 and detailed design of Stage 4, with delivery of the significant infrastructure and amenity upgrades proposed to be completed in 2022.

46 Endorsement of the evolved KSWPP will provide certainty for City Officers, for recreational clubs and for the broader community who all support the need to upgrade the precinct, and enable the City to commence the long-awaited upgrade.

VOTING REQUIREMENT

47 Simple majority.

AGENDA BRIEFING COMMENT

48 Not applicable.

Item EN-025-20 - Attachment 1 Kent Street Weir Precinct Plan 2020

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EN-025-20 Kent Street Weir Precinct Plan EN-025-20

Item EN-025-20 - Attachment 2 Kent Street Weir Precinct Plan 2020 - Staging and Access

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EN-025-20 Kent Street Weir Precinct Plan EN-025-20

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8. NOTICE OF MOTIONS FOR CONSIDERATION AT THE NEXT ORDINARY COUNCIL MEETING

Nil.

9. URGENT BUSINESS

10. CONFIDENTIAL MATTERS

In accordance with section 4.16 of the Standing Orders, the Chief Executive Officer is of the opinion that the reports listed below are of a confidential nature. These reports have been kept confidential until Council has the opportunity to resolve that all relevant documents should remain confidential and be dealt with behind closed doors.

RECOMMENDATION

That Council resolves, in accordance with section 5.23(2) of the Local Government Act 1995 and/or section 4.15(2) of the Standing Orders, that the following reports are confidential, for the reasons as shown.

CC-059-20 Chief Executive Officer Contract Term

This report contains information of a confidential nature in accordance with Section 5.23(2(a) of the Local Government Act 1995, as it contains information relating to a matter affecting an employee or employees

CC-060-20 Disposal and Sale of Portion of Lot 1 (233) Sevenoaks Street, Cannington - Revised Offer

This report contains information of a confidential nature in accordance with Section 5.23(2(c) of the Local Government Act 1995, as it contains information relating to a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting

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CC-059-20 Chief Executive Officer Contract Term CC-059-20

10.1 Director Canning Community and Commercial

CC-059-20 Chief Executive Officer Contract Term

PROGRAM: Canning Community and Commercial

SUB PROGRAM: Governance Canning

FILE REF: Q20/355

REPORT DATE: 2 October 2020

REPORTING OFFICERS: Karen Bateman - Executive Manager Governance Canning

Keeley Hayward - Executive Manager People, Performance & Innovation

RESPONSIBLE OFFICER: Garry Adams - Director Canning Community and Commercial

Strategic Plan Theme: LEAD - Accountable, responsible and forward-thinking administration.

Community Goal: Effective leadership and good governance. Council Strategy: Prudent financial management and long term financial sustainability.

Authority/Discretion: Legislative: Includes adopting Local Laws, Town Planning Schemes and Policies. Review when Council reviews decisions made by Officers.

Attachments: 1. Request for extension to CEO employment arrangements at the City of Canning (D20/131561). (Confidential)

*** CONFIDENTIAL TO MEMBERS ONLY ***

The Chief Executive Officer is of the opinion that this report contains information of a confidential nature in accordance with Section 5.23(2)(a) of the Local Government Act 1995, as it contains information relating to a matter affecting an employee or employees. In accordance with section 4.16 of the Standing Orders this report will be kept confidential until Council has the opportunity to resolve that this document should remain confidential and be dealt with behind Closed Doors.

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CC-060-20 Disposal and Sale of Portion of Lot 1 (233) Sevenoaks Street, Cannington - Revised Offer

CC-060-20

CC-060-20 Disposal and Sale of Portion of Lot 1 (233) Sevenoaks Street, Cannington - Revised Offer

PROGRAM: Canning Community and Commercial

SUB PROGRAM: Land Utilisation

FILE REF: Q20/356

REPORT DATE: 1 October 2020

REPORTING OFFICERS: Chris O'Connor - Leader Land Projects

Brian Kavanagh - Project Leader - Land Delivery

Matthew Bailey - Land Project Officer

RESPONSIBLE OFFICER: Garry Adams - Director Canning Community and Commercial

Strategic Plan Theme: PROSPER - A thriving local economy. Community Goal: Diverse and vibrant centres throughout the City. Council Strategy: Revitalised City Centre.

Authority/Discretion: Executive: The substantial direction setting and oversight role of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Attachments: 1. Revised Letter of Offer, September 2020 (D20/126525). (Confidential)

2. Original Letter of Offer, August 2020 (D20/108383). (Confidential)

3. Valuation - McGees (on behalf of City of Canning), August 2020 (D20/111525). (Large Attachments) (Confidential)

4. Valuation - McGees (on behalf of City of Canning), March 2020 (D20/94746). (Large Attachments) (Confidential)

5. Valuation - Savills (on behalf of Thican), March 2020 (D20/94750). (Large Attachments) (Confidential)

6. Councillor Memo - Car Parking 11 September 2020 (D20/131652). (Confidential)

7. Land Asset Values Assessment - Portion of 233 Sevenoaks Street, Cannington (D20/131226). (Large Attachments) (Confidential)

*** CONFIDENTIAL TO MEMBERS ONLY ***

The Chief Executive Officer is of the opinion that this report contains information of a confidential nature in accordance with Section 5.23(2)(c) of the Local Government Act 1995, as it contains information relating to a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting. In accordance with section 4.16 of the Standing Orders this report will be kept confidential until Council has the opportunity to resolve that this document should remain confidential and be dealt with behind Closed Doors.

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11. CLOSURE