Agenda of Planning and Development Committee - 8 00 2019 · Item 4.1 - Attachment 1 - Memorandum of Outstanding Business 6 4. MEMORANDUM OF OUTSTANDING BUSINESS Item Resolution Meeting

Planning and Development Committee

8 October 2019

AGENDA

Notice of Meeting

To: The Mayor and Councillors

The next Planning and Development Committee meeting of the City of

Stirling will be held on Tuesday 8 October 2019 in the City of Stirling

Parmelia Room, 25 Cedric Street, Stirling commencing at 6.00pm.

Stuart Jardine PSM | Chief Executive Officer

Our Vision, Mission and Values

Vision

The City of Stirling will be a place where people choose to live, work, visit and invest. We will

have safe and thriving neighbourhoods with a range of housing, employment and

recreational opportunities. We will engage with our diverse community to help shape our

future into the City of Stirling – City of Choice.

Mission

To serve the City’s diverse community through delivering efficient, responsive and

sustainable services

Values

The City of Stirling’s core values are:-

Integrity

Community Participation

Accountability

Respect

Environment

Diversity

Disclaimer

Members of the public should note that in any discussion regarding any planning or other

application that any statement or intimation of approval made by any member or officer of

the City during the course of any meeting is not intended to be and is not to be taken as

notice of approval from the City. No action should be taken on any item discussed at a

Council meeting prior to written advice on the resolution of the Council being received.

Any plans or documents contained in this document may be subject to copyright law

provisions (Copyright Act 1998, as amended) and the express permission of the copyright

owner(s) should be sought prior to the reproduction.

AGENDA OF THE PLANNING AND DEVELOPMENT COMMITTEE MEETING 8 OCTOBER 2019

TABLE OF CONTENTS ITEM SUBJECT PAGE

PRELIMINARIES .......................................................................................................... 4

1. OFFICIAL OPENING .................................................................................................... 5

2. ATTENDANCE AND APOLOGIES .............................................................................. 5

3. APPROVED LEAVE OF ABSENCE ............................................................................ 5

4. MEMORANDUM OF OUTSTANDING BUSINESS ...................................................... 6

5. DISCLOSURES OF INTEREST ................................................................................... 9

6. CONFIRMATION OF MINUTES ................................................................................... 9

7. ANNOUNCEMENTS BY THE PRESIDING MEMBER ................................................ 9

8. PLANNING AND DEVELOPMENT COMMITTEE ITEMS ......................................... 10

DEVELOPMENT SERVICES

DS1 LOT 57, HOUSE NUMBER 74, HOWE STREET, OSBORNE PARK - CHANGE OF USE - WAREHOUSE AND OFFICE TO PERSONAL CARE SERVICES ........................................................................................... 10

CITY PLANNING

CP1 REPLACEMENT RIGHTS OF WAY NAMING - LAWLEY WARD ................. 31

ADMINISTRATION

A1 POWER OF ATTORNEY - TAMALA PARK LANDHOLDING (CATALINA SUBDIVISION) - PART LOT 9504, CERTIFICATE OF TITLE VOLUME 2231, FOLIO 333 ................................................................. 41

9. MATTERS BEHIND CLOSED DOORS ..................................................................... 61

10. CLOSURE .................................................................................................................. 61


4

PLANNING AND DEVELOPMENT COMMITTEE MEMBERSHIP

Members Deputies Second Deputies

Councillor D Boothman JP Councillor K Sargent Councillor A Spagnolo

Councillor M Irwin

(Mayor) Councillor K Caddy Councillor K Sargent

Councillor S Proud JP (Deputy Presiding Member)

Councillor E Re Councillor K Caddy

Councillor K Perkov Vacant Councillor E Re

Councillor D Lagan Councillor B Sandri Vacant

Councillor J Ferrante Councillor S Migdale Councillor B Sandri

Councillor G Italiano JP

(Presiding Member) Councillor A Spagnolo Councillor S Migdale

*Any available Councillor may act as a third deputy if required.

PRELIMINARIES

1. Councillors and visitors are requested to turn off mobile phones.

2. Councillors and City officers are reminded to disclose any declarations of financial interests and interests affecting impartiality.

3. Last call for members of the gallery who wish to submit a request to address the Committee in relation to an item on the agenda.

4. All Councillors are requested to activate their microphones when addressing the meeting.

5. Councillors and visitors are reminded that audio recording of the meeting proceedings is prohibited unless prior approval has been granted.


5

1. OFFICIAL OPENING

The Presiding Member to declare the Planning and Development Committee meeting open.

2. ATTENDANCE AND APOLOGIES

Nil.

3. APPROVED LEAVE OF ABSENCE

Nil.


Item 4.1 - Attachment 1 - Memorandum of Outstanding Business 6

4. MEMORANDUM OF OUTSTANDING BUSINESS

Item Resolution

Meeting

Presented/Item

Council

Resolution

Responsible

Officer Status

1. Endorsement of Tuart Hill Local Centre – Urban Design Strategy

“3. That the City UNDERTAKES a 15% design involving local businesses and traders in a review process, and REPORTS back to Council and that the process includes investigation of the following:-

a. Formalising a “U” turn at Lawley

Street to allow access to the eastern

side of the centre; and

b. The possibility of a trial period and /

or staging of new or changed access

arrangements.”

13 September

2016

Item Number

10.2/CP1

Council

Resolution

0916/013

Manager City

Planning

On Thursday 20 September 2018, the Mayor,

Acting Chief Executive Officer and Manager City

Planning met with the Minister for Transport;

Planning; Lands, the MLA for Balcatta, the MLA

for Mount Lawley and a representative of Main

Roads WA. At this meeting, the Tuart Hill Centre

was discussed, including the conflicting objectives

of Main Roads WA and the City’s plan to improve

the area to facilitate economic development and

residential intensification. It was agreed at that

meeting that a further workshop should be held

between officers and Main Roads WA

representatives to try to reach agreement on the

various improvements proposed to Wanneroo

Road in the City’s Plan for Tuart Hill.

The Manager City Planning has been liaising with

the MLA for Balcatta to facilitate this workshop,

and a further update will be provided once the

details of the workshop are known.



Item Resolution

Meeting

Presented/Item

Council

Resolution

Responsible

Officer Status

2. Heritage List and Local Heritage Survey

Review

30 July 2019 Council Resolution:-

“That Item 12.1/CP2 - Heritage List and Local Heritage Survey Review be REFERRED to a future Council Meeting so that a Councillor Workshop can take place to allow further review and discussion by Councillors of the proposed items on the Heritage List.”

24 September 2019 Council Resolution:-

“That the Item relating to 13.1 - Heritage List and Local Heritage Survey Review be REFERRED to a future Council meeting to allow further consideration by Councillors and a clear alternative recommendation to be presented.”

30 July 2019

Item Number

12.1/CP2

Council

Resolution

0719/040

24 September

2019

Item Number

13.1

Council

Resolution

0919/033

Manager City

Planning

A Councillor workshop was held 2 September 2019 to allow further review and discussion by Councillors of the proposed items on the Heritage List. Subsequently, a report (Item 13.1) was presented to the Council meeting held 24 September 2019; this report provided additional information in response to the matters raised at the workshop. At its meeting held 24 September 2019, Council resolved to refer the item to a future Council meeting. The report will be presented to the Council meeting to be held 15 October 2019, to allow further consideration by Council, and to allow a clear alternative recommendation to be provided to Councillors.



Item Resolution

Meeting

Presented/Item

Council

Resolution

Responsible

Officer Status

3. Draft Public Health Plan - Consent for

advertising

“That Item 12.1/H1 - Draft Public Health Plan - Consent for Advertising be REFERRED to a future Planning and Development Committee Meeting to allow Councillors and employees to further review the Draft Public Health Plan’s alignment to the City’s Strategic Community Plan and integration into the Corporate Business Plan.”

27 August 2019

Item Number

12.1/H1

Council

Resolution

0819/001

Director

Planning and

Development

It is anticipated that the updated Draft Public

Health Plan will be presented to the Planning and

Development Committee meeting to be held 26

November 2019, following further review by

Councillors and employees.


9

5. DISCLOSURES OF INTEREST

Nil.

6. CONFIRMATION OF MINUTES

That the Minutes of the Planning and Development Committee of 17 September 2019 be confirmed as a true and correct record of proceedings.

7. ANNOUNCEMENTS BY THE PRESIDING MEMBER


Item DS1 10

8. PLANNING AND DEVELOPMENT COMMITTEE ITEMS

DEVELOPMENT SERVICES

DS1 LOT 57, HOUSE NUMBER 74, HOWE STREET, OSBORNE PARK - CHANGE OF USE - WAREHOUSE AND OFFICE TO PERSONAL CARE SERVICES

Report Information

Location: Lot 57, House Number 74, Howe Street, Osborne Park

Applicant: Hany's Health Care

DA Reference: DA19/0440

Reporting Officer: Manager Development Services

Business Unit: Development Services

Ward: Osborne

Suburb: Osborne Park

Authority/Discretion

Definition

☐ Advocacy when Council advocates on its own behalf or on behalf of its community to another level of government/body/agency.

☐ Executive the substantial direction setting and oversight role of the Council. e.g. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

☐ Legislative includes adopting local laws, town planning schemes and policies. It is also when Council reviews decisions made by Officers.

☒ Quasi-Judicial when Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

☐ Information Purposes

includes items provided to Council for information purposes only, that do not require a decision of Council (i.e. - for 'noting').


Item DS1 11

Recommendation

1. That pursuant to Clause 68(2) of the Planning and Development (Local Planning Schemes) Regulations 2015, the application at Lot 57, House Number 74, Howe Street, Osborne Park, for a Change of Use from Warehouse and Office to Personal Care Services be APPROVED subject to the following conditions:-

a. This approval is limited for a period of 12 months from the date of decision, and shall be reviewed by the City after 12 months having regard to the conduct of the Personal Care Services and compliance with the conditions of approval. Any extension will require a new development approval;

b. The use of the premises shall not include massage activity of a sexual

nature, prostitution, brothel business, an agency business associated with prostitution, escort agency business, or the like;

c. The operating hours being limited to 10.00am to 12.00am Monday to

Sunday;

d. The development is to comply in all respects with the attached approved plans, as dated, marked and stamped, together with any requirements and annotations detailed thereon by the City. The plans approved as part of this application form part of the planning approval issued;

e. Prior to occupancy or use of the development, all off street parking to be

available onsite during business hours for all customers and staff;

f. Prior to the commencement of the approved use, all car parking bays and related access ways as shown on the approved plans shall be demarcated on site and thereafter maintained in accordance with AS/NZS2890.1:2004;

g. Crossovers shall be designed and constructed in accordance with the

City's Local Planning Policy 6.7 - Parking and Access. Crossovers are to be installed prior to occupancy or use of the development;

h. Prior to commencement of the use of the development, any redundant

crossover(s) shall be removed and the kerbing and road verge reinstated at the owner’s cost in accordance with the City's Local Planning Policy 6.7 - Parking and Access;

i. Staff car parking bays are to be permanently reserved and sign posted as

‘Staff Only’;

j. Directional signage shall be located at the entry to the site directing patrons to access disabled car parking and additional car parking at the rear of the site prior to the commencement of the development;

k. A Waste Management Plan is to be provided to the City in accordance with

the Waste Management Local Law 2010 prior to commencement of the approved use;

l. All signage is to be in strict accordance with the City's Local Planning

Policy 6.1 Advertising Signs, unless further development approval is obtained;


Item DS1 12

m. No goods or materials being stored, either temporarily or permanently, in

the parking or landscape areas or within access driveways. All goods and materials are to be stored within the buildings or storage yards, where provided; and

n. External lighting shall be positioned so as not to adversely affect the

amenity of the locality in accordance with Australian Standard AS/NZ 4282-1997.

2. That pursuant to Clause 5.8.2 of the City’s Local Planning Scheme No.3, a

cash-in-lieu contribution for one car parking bay be WAIVED for this application (DA19/0440).

Report Purpose

To consider a development application for a Change of Use – Warehouse and Office to Personal Care Services. In line with Council Resolution Number 0314/030 (18 March 2014), relating to the presentation of development applications to the Planning and Development Committee for Council determination, a call-in request has been signed by Councillor Giovanni Italiano and seconded by Councillor Stephanie Proud.

Relevant Documents

Attachments

Attachment 1 - Plans ⇩

Attachment 2 - Site Inspection Photos ⇩

Available for viewing at meeting

Nil

Description of Development

Site Area: 825m2

Nearest Cross Street: Hutton Street


Item DS1 13

Location Plan

Aerial Photograph


Item DS1 14

Background

A development application for the Change of Use from ‘Warehouse and Office’ to ‘Personal Care Services’ was received by the City on 22 March 2019. The subject lot is zoned ‘Industry’ under the City’s Local Planning Scheme No.3 (LPS3) and ‘Industrial’ under the Metropolitan Region Scheme (MRS). The proposed use for Personal Care Services is a ‘D’ (discretionary) use within an Industry Zone. The application proposes to use the existing building to operate a Personal Care Services - Massage business. The existing building comprises a fibro and tile cottage fronting the street, with three brick and iron sheds and a metal carport to the rear of the building. The business is proposed to operate between 10.00am and 12.00am Monday to Sunday, with four employees on site at any one time. The business is expected to attract in excess of 10 customers a day. Minor works are required on site to facilitate a reconfiguration of existing parking bays to provide the nine onsite car parking bays, which will result in a one bay parking shortfall. The shortfall is due to a request from the City to retain a mature existing tree on site. The subject lot is located approximately 60m to the south east of the intersection of Hutton Street and Howe Street, Osborne Park. Hutton Street is a designated District Distributor ‘A’ Road and Howe Street is a designated Local Road. The subject lot straddles the north eastern boundary of the Herdsman Glendalough Special Control Area, which is zoned ‘Development’ under LPS3 and subject to the Draft Herdsman Glendalough Structure Plan. It is noted that Howe Street will be an area of transition once the structure plan is in effect. The structure plan assigns an indicative ‘Transitional Industry’ zoning for lots to the south west of Howe Street. Prior to gazettal of LPS3 Amendment No.39, lots to the south west of Howe Street were also zoned ‘Industry’. The surrounding development context mainly consists of lots less than 1,000m2 to the north east of Howe Street supporting office, warehouse and showroom type land uses and lots greater than 4,000m2 to the south west of Howe Street supporting more intensive warehousing, office and light industry land uses. The majority of land uses within the locality operate during usual business hours between 7.00am to 5.00pm.

Principal Statutory Provisions

Use Table

Zoning

MRS Industrial

LPS3 Industry

Use

Class Personal Care Services

Type D – Not permitted unless the Council has exercised its discretion by granting planning approval


Item DS1 15

Assessment

An assessment of the proposal which requires Council to exercise discretion is provided below. Local Planning Scheme No.3

Assessment against the objectives of Clause 4.2.6 – Industry Zone The proposed Personal Care Service is consistent with the objectives of the Industry Zone. An assessment against the relevant objectives is provided in the table below.

Objective Officer Comment

a) To provide for a range of industrial and business development, as well as facilities for the storage and distribution of goods.

The proposed Personal Care Services will contribute to business development in the area.

The area is characterised by a mix of existing small to medium scale light industrial, commercial and office uses. The proposed use will contribute to and is consistent with the diversification of business development in the area.

b) To ensure a high standard of

development appropriate to a modern industrial area and which is conducive to safe and convenient access by all clientele.

Only minor works associated with parking facilities are proposed as part of the application. No works are proposed that will materially affect the appearance of the existing development on site.

Planning and Development (Local Planning Schemes) Regulations 2015 Assessment against Schedule 2, Part 9, Clause 67 (Matters to be considered by local government). The proposed Personal Care Service is consistent with Clause 67 ‘matters to be considered’. An assessment against the relevant objectives is provided in the table below.

Matters to be Considered by Council Officer Comment

a) the aims and provisions of this Scheme and any other local planning scheme operating within the Scheme area;

The proposal has been considered under the relevant LPS3 objectives for the zone and is considered to be compatible with, and appropriate for the area.

g) any local planning policy for the Scheme area;

The proposal has been assessed in accordance with the relevant policy provisions of the report and proposes a variation to LPP 6.7 and is supported.


Item DS1 16


m) the compatibility of the development with its setting including the relationship of the development to development on adjoining land or on other land in the locality including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development;

The subject lot is located within the Industry Zone. Surrounding development is characterised by small to medium scale industrial and commercial buildings used for warehousing, showroom, manufacturing and offices.

The surrounding area is mostly active within usual business hours. During business hours the area is characterised by heavy vehicle movements, high traffic volumes and high ambient noise levels. The subject lot is approximately 1km from the nearest residential area and will not have any impacts upon residential amenity in the area. The proposed use will operate from 10.00 am to 12.00 am Monday - Sunday. The use does not create excessive noise or odour emissions, generation of waste or involve the calling of heavy vehicles to site. The number of clients present at any given time is not expected to exceed four and is therefore not considered to attract large traffic volumes to the site. The proposed land use is not considered to be incompatible with surrounding development as it is clear there will be no impact on the amenity of the surrounding area as a result of the proposed land use. No external building works are proposed as part of the development.

n) the amenity of the locality including the following —

(i) environmental impacts of the development;

(ii) the character of the locality;

(iii) social impacts of the development;

The proposed land use does not involve activities generating excessive emissions of noise, light, odour or general waste. As such, it is not considered that there will be any impact on the environment.

The area is characterised by small to medium scale industrial and commercial development for the use of warehousing, manufacturing, showrooms and offices. The land use is consistent with the characteristics of existing surrounding land uses.


Item DS1 17


It is not considered there will be any detrimental social impacts as a result. The City has received two formal submissions and a petition objecting to the proposed use based on the perception that the use will include services of a sexual nature.

The City recommends the imposition of conditions of development approval:-

That explicitly preclude the use of the premises for any activity of a sexual nature including prostitution, brothel business, an agency business associated with prostitution, escort agency business, or the like; and

Impose a 12 month approval timeframe for the land use to ensure that the business operates within the scope of approval and ensure that the amenity of the locality can be maintained.

This will allow the City to review operation of the business after 12 months, ensuring no adverse impacts on the amenity of the locality.

s) the adequacy of –

(i) the proposed means of access and egress from the site; and

(ii) arrangements for the loading, unloading, manoeuvring and parking of vehicles;

Parking and access has been assessed in accordance with Local Planning Policy 6.7 – Parking and Access (LPP 6.7). The provision of parking on site is consistent with the objectives of LPP 6.7.

Access and manoeuvring has been assessed by the City’s Planning Engineer and is deemed to be compliant with the requirements of LPP 6.7 and relevant Australian Standards for parking and access.

The application proposes to remove the existing non-compliant crossover and reinstate the verge area in accordance with the City’s Crossover Policy.


Item DS1 18


t) the amount of traffic likely to be generated by the development, particularly in relation to the capacity of the road system in the locality and the probable effect on traffic flow and safety;

The proposed business will cater for up to four customers at a time and is not expected to generate a high turnover of traffic. It is anticipated that the impact on the local road network will not be greater than currently exists.

It is considered that due to the low proposed number of patrons and low anticipated traffic generation, it is not expected that there will be any detrimental impact on traffic flow in the locality.

y) any submissions received on the application;

The application has not been advertised, as special notice is not required to be given for “D” (discretionary) uses pursuant to Clause 9.4.1 of LPS.3.

Notwithstanding, the City received two formal submissions and a petition objecting to the proposed use.

A summary of the objections (and the City’s response) is addressed in the consultation section below.

Local Planning Policy 4.3 – Industrial Design Guidelines (LPP 4.3)

Assessment against the objectives of LPP 4.3 The proposed Personal Care Service is consistent with the objectives of LPP 4.3. An assessment against the relevant objectives is provided in the table below.


Osborne Precinct The Osborne Precinct encompasses all the remaining industrial land not contained within any of the above precincts. This area is designed to allow for a broad range of large scale and small scale industrial uses on a variety of lot sizes. In the short term, large-scale office uses shall be permitted within 500m of Glendalough Train Station.

The application proposes only minor works to facilitate the provision of adequate parking on site and will not materially affect the appearance of existing development. The existing nature of development on the site is not proposed to change and therefore will not alter future opportunities to utilise the site for industrial purposes.


Item DS1 19

Local Planning Policy 6.7 – Parking and Access (LPP 6.7)

Car parking for the development has been assessed against LPP 6.7.

The site is subject to the following parking concessions:-

10% - within 400m of a high frequency bus route (Scarborough Beach Road).

The parking requirement for the proposed Personal Care Service has been assessed as

follows:-

Use Car Parking Ratio Area Parking bay requirement

Personal Care Services 0 – 5000m2 GLA

8 bays per 100m2 GLA GLA = 134m2 10.72 bays

Car parking concession given as site is within 400m of a stop on a high frequency bus route -10%

Revised total: 9.65 bays

Rounded total: 10 bays

Car parking bays provided on-site: 9 bays

Shortfall/surplus: 1 bay shortfall

On the basis of the above, the proposed development results in a one bay shortfall under the current requirements of LPP 6.7. Variations to the development standards prescribed under LPP 6.7 are to be considered against the objectives of the policy. The proposed variation is consistent with the objectives of the policy. An assessment against the objectives of LPP6.7 is provided below.


a) To prioritise access by public transport, walking and cycling;

The development is accessible from multiple forms of public transport. The subject lot is located within proximity to two separate public bus routes and Glendalough and Stirling train stations. Transperth bus stops within a five minute walking distance of the site are for route 990, a designated high frequency route (360m) and route 413 (420m). Route 990 services Glendalough train station and route 413 runs a loop between Glendalough and Stirling train stations.


Item DS1 20


b) To facilitate the provision and development of adequate parking facilities within the City;

Adequate parking facilities are provided for the proposed use of the site. The Personal Care Service use will accommodate up to four clients at a time through the provision of four separate treatment rooms. Four dedicated visitor bays and one disabled car parking bay have been provided on site. Four additional bays dedicated to staff parking have been provided.

c) To ensure safe, convenient and efficient access for pedestrians, cyclists and motorists;

The car parking layout has been reviewed by the City’s Planning Engineer. Adequate access is provided in accordance with the requirements of LPP 6.7 to ensure safe and efficient access to the parking facilities provided on the site.

d) To ensure that a major parking problem is unlikely to occur;

The proposed one bay shortfall is minor and is not expected to create a parking problem in the area. Supplementary street parking is available along Howe Street in accordance with the City’s Parking Local Law 2014. The proposed hours of operation 10.00am – 12.00am do not overlap with the morning peak traffic period and extend beyond the afternoon peak period.

e) To provide a balanced parking supply that does not exceed the capacity of the road network, with sufficient publicly accessible parking; and

The supply of parking on site is not considered to exceed the capacity of the local road network given that the amount of parking provided is below the minimum required under LPP 6.7. The impact on the road network will not be greater than otherwise created through more intense development of the site with a greater provision of parking.


Item DS1 21


f) To ensure that an oversupply of parking does not occur that discourages alternative forms of transport and is detrimental to the urban design and character of the locality.

A parking oversupply will not result as the development provides car parking bays at a ratio lower than the minimum required.

Cash-in-Lieu Clause 5.8 of LPS3 outlines that cash-in-lieu of parking can be considered where non-residential developments are unable to meet the parking requirements of the Scheme. The requirement to provide a cash-in-lieu payment can be waived in this instance, on the basis that the proposal is unlikely to result in a major parking problem in the locality.

Consultation/Communication Implications

The application was not required to be advertised as Personal Care Services is a discretionary use in the Industry Zone under LPS3. Notwithstanding this, the City has received two formal submissions from the community. Concerns were raised that the proposed Personal Care Service may involve activities other than massage. The applicant was provided the opportunity to respond to submissions. The applicant chose not to respond. A summary of the submissions is provided below:-

Number of submissions to

raise issue Submission Details Officers’ Comments

2

Object to the proposal.

Concerns that the proposed use may be inconsistent with the LPS3 definition of Personal Care Services by providing services of a sexual nature and may involve prostitution.

The proposed use is described by the applicant as a ‘massage business’ and does not involve services of a sexual nature. A massage business falls under the Personal Care Services land use of LPS3 and is a ‘D’ (discretionary) use within the Industry zone. The land use is able to operate in the Industry zone with the benefit of development approval.

Conditions of development approval are recommended to impose conditions:-


Item DS1 22

Number of submissions to

raise issue Submission Details Officers’ Comments

That explicitly preclude the use of the premises for any activity of a sexual nature including prostitution, brothel business, an agency business associated with prostitution, escort agency business, or the like; and

Impose a 12 month approval timeframe for the land use to ensure that the business operates within the scope of approval and ensure that the amenity of the locality can be maintained.

Subject to compliance with the above recommended conditions, the applicant could apply for permanent approval for the Personal Care Services land use after the 12 month period.

A petition has also been received by the City, objecting to the proposal. The petition contained 52 verified signatures and was tabled at the Ordinary Meeting of Council held 24 September 2019, with the following statement:-

“We, the undersigned, do respectfully request that DA19/0440 (Proposed Change of Use to ‘Personal Care Services’ at 74 Howe Street, Osborne Park) be refused. The application is for the change of use of “Hany’s Health Care”. A simple Google search of this name brings up the result of “Hany’s Escorts” in Rockingham operating from 9.00am to 2.00am Sunday to Wednesday, till 4.00am on Thursday and till 6.00am on Friday and Saturday. Our concern is that the same or similar services will be offered at 74 Howe Street if the change is approved.”

Applicant’s Justification

The applicant provided the following justification with the development application:-

“This application for development applies to the use of 74 Howe Street, Osborne Park. Hany’s Health Care understands there are many similar businesses operating in the area and our intention is to always be open, honest and to work with Council including any stipulated requirements to operate should we be successful. We will always operate as a law-abiding business who pays taxes and supports the local community and charities where we can. We trust Council will support this application as a business working cohesively with Council and the surrounding community.”


Item DS1 23

Comment

The relevant matters to be considered by Council when determining this development application are:-

Personal Care Services – ‘D’ (discretionary) land use; and

One bay car parking shortfall.

The City has assessed the proposed Personal Care Services against the relevant provisions of LPS3 and relevant local planning policies. The discretionary land use is applicable within the Industry Zone and is considered to be consistent with the objectives of the zone and all other relevant matters to be considered.

The land use will not have a negative impact on the amenity of the locality as the use is of a lower impact than surrounding existing land uses within the Industry Zone. There is no residential or mixed use development within close proximity of the subject site.

The application has not been advertised pursuant to Clause 9.4.1 of LPS3 as special notice is not required to be given for discretionary land uses. Notwithstanding, the City has received two formal objections and a petition regarding the implications of the proposed use of the site.

The City has considered the objections received and assessed the application based on the planning merit of the proposal. The proposed use, as described by the applicant, is applicable within the Industry Zone and is consistent with the City’s local planning framework.

In order to address community concerns over the perceived operation of the proposed use, City officers have recommended conditions of development approval which will restrict the approval to a 12 month period, and restrict any massage activity of a sexual nature. The temporary approval will allow the City to review the operation of the business and to determine if all conditions of development approval have been complied with.

The proposed one bay car parking shortfall is minor and will not lead to a parking problem in the locality. The reduction of one parking bay onsite has been requested by City officers in order to facilitate the retention of an existing mature tree on site. The application had originally provided a compliant parking layout that required the removal of the existing mature tree. The City’s Parks and Reserves Business Unit advised they would support the retention of the existing tree. Accordingly, the City requested the parking layout be modified to remove one parking bay at the front of the building to allow retention of the mature tree.

The tree is the only example of a mature tree located on private land within the street. It is therefore preferable to ensure the retention of the tree.

It is considered that sufficient parking is provided to adequately service the proposed Personal Care Services without impacting on the amenity of the surrounding area.

The hours of operation from 10.00am to 12.00am (Monday – Sunday) commence after the morning peak period and extend later than usual business hours within the area. Notwithstanding the above, supplementary street parking is available along Howe Street in accordance with the City’s Parking Local Law 2014.

In summary, the application can be supported and is recommended for approval subject to conditions.


Item DS1 24

Policy and Legislative Implications

Should Council refuse the application for development approval, the applicant may have the right to have the decision reviewed in accordance with Part 14 of the Planning and Development Act 2005.

Financial Implications

Nil.

Strategic Implications

Theme 1: Liveable City and Thriving Neighbourhoods

Objective S3.1: Accessible services for all members of the community

Sustainability Implications

The following tables outline the applicable sustainability issues for this proposal:-

ENVIRONMENTAL

Issue Comment

Vegetation impact The proposal will allow for the retention of an existing mature tree on site.

SOCIAL

Issue Comment

Transport and access The proposal will not result in a parking problem.

Health, wellbeing and safety The proposed Personal Care Services will support the health and wellbeing of the local community through provision of massage services.

ECONOMIC

Issue Comment

Job creation The proposal will create direct opportunities for employment.

Conclusion

The proposed Personal Care Services satisfies the objectives of LPS3 and the relevant local planning policies. The proposed car parking shortfall is minor and is not a significant departure from the requirements of the local planning framework and parking standards. The proposal is therefore supported, subject to relevant conditions, and it is recommended that the car parking bay shortfall be supported and the requirement for cash-in-lieu of car parking be waived.


Item DS1 - Attachment 1 - Plans 25


Item DS1 - Attachment 2 - Site Inspection Photos 26










Item CP1 31

CITY PLANNING

CP1 REPLACEMENT RIGHTS OF WAY NAMING - LAWLEY WARD

Report Information

Location: Mount Lawley

Applicant: Not Applicable

Reporting Officer: Manager City Planning

Business Unit: City Planning

Ward: Lawley

Suburb: Mount Lawley


Definition

☒ Advocacy when Council advocates on its own behalf or on behalf of its community to another level of government/body/agency.

☐ Executive the substantial direction setting and oversight role of the Council. e.g. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.


☐ Quasi-Judicial when Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.



Recommendation

That Council ENDORSES the following proposed Right of Way naming suggestion and preferences for Right of Way 28053 (previously adopted by Council on 15 April 2014 as Hold Lane) located in the Lawley Ward (as shown in Attachment 1), and that these are forwarded to Landgate for approval:-

First Preference - ‘Norman Sundercombe’ Lane

Second Preference - ‘Sundercombe’ Lane

Third Preference - ‘28th Battalion’ Lane


Item CP1 32

Report Purpose

To seek Council endorsement of proposed replacement Rights of Way name suggestions and preferences for a Right of Way located in the Lawley Ward. The endorsement of Council is required prior to an application for naming being submitted to Landgate for approval.

Relevant Documents

Attachments

Attachment 1 - Proposed Right of Way Name Origins ⇩


Nil

Background

At its meeting held 20 August 2013, Council considered a report providing options for future naming of Rights of Way within the City, and resolved (Council Resolution Number 0813/057) as follows:-

“That Council ENDORSE ‘Option 4 - Rights of Way Naming Maps’, as outlined in the Manager City Planning’s report.”

As a result of this resolution, draft Rights of Way Name Maps were to be prepared which would be presented to a future meeting of Council for adoption. Following consultation with Ward Councillors on Rights of Way names within their wards, at its meeting held 15 April 2014, Council resolved (Council Resolution Number 0414/026) to adopt the proposed Rights of Way names, with modifications (none of which are relevant to the Right of Way the subject of this report). The adopted Rights of Way names are known as the Reserve Register List, and contain names for approximately 175 Rights of Way. These adopted names are sent to Landgate periodically when Rights of Way that have been dedicated as public roads need to be named. This resolution resulted in the name ‘Hold Lane’ being allocated to Right of Way Number 28053, which is located between Park Road and Clive Road, Mount Lawley, as shown in Figure 1 below. This Right of Way has not been constructed.


Item CP1 33

Figure 1 - Right of Way 28053, located between Park Road and Clive Road, Mount Lawley

At its meeting held 10 September 2019, Council considered a Notice of Motion that the name of Right of Way Number 28053 be changed from ‘Hold’ Lane to ‘Sundercombe Lane’, and resolved (Council Resolution Number 0919/026) as follows:-

“That a report be PRESENTED to Council to allow the name that has previously been recommended for Right of Way Number 28053 to be changed from ‘Hold Lane’ to either ‘Sundercombe Lane’ or ‘Norman Sundercombe Lane.”

That resolution is the subject of this report.

Comment

The City cannot approve any road or Rights of Way names as this responsibility lies with the Minister for Lands. The City’s role in the process is to recommend names for roads and Rights of Way to Landgate’s Geographical Names Committee, which assesses names against the Policies and Standards document. This document contains the criteria against which roads and Rights of Way names are assessed, and when the City recommends names to Landgate, the names are in accordance with that criteria. Landgate’s Geographical Names Committee will then make a decision on the proposed name. When the City is ready to dedicate a Right of Way (after it has been constructed) Landgate has requested that the City provide a minimum of three replacement names in order of preference, in case some recommended names do not meet their requirements. Once endorsed by Council, Landgate will assess the names in order of preference and will approve one name. Landgate’s naming standards prefer a longer road name for a long road (generally six characters or more).


Item CP1 34

Replacement Rights of Way names for Right of Way Number 28053 have been researched by the City’s officers based on the request to name the Right of Way after Norman Sundercombe, who was a decorated veteran from the First World War who lived in Park Street, Mount Lawley. This research has resulted in the following replacement Rights of Way names being recommended to Council:-

First preference ‘Norman Sundercombe’ Lane

Second preference ‘Sundercombe’ Lane

Third preference ‘28th Battalion’ Lane Attachment 1 of this report contains the name origins to support these recommendations. The proposed replacement names have not met Landgate’s preliminary validation standard checks and Landgate's requirements, which identifies if a name would be suitable. This is because Landgate has advised that there is currently a Sundercombe Street in Osborne Park) and that “the duplication of same/similar names within a 10km radius and particularly with the same LGA is not permitted. Sundercombe Street is a well-established business area with many addresses”. Landgate’s position is that applying a duplicate name would not be permitted, as duplicated names may lead to confusion for the public and to emergency service responders. Should Council resolve to endorse these replacement names, an application will be made to Landgate providing the detailed name origins (as per Attachment 1) for approval, despite Landgate previously advising they are unlikely to support ‘Sundercombe’ Lane. Should Landgate subsequently decide not to approve any of the names that Council has endorsed for the Right of Way, the City’s officers can then investigate if there are other ways that the City could honour the service of Norman Sundercombe. Alternatives could include placing heritage plaques on the property where he lived, or considering naming a local reserve after him. These alternatives will be examined if Landgate advises the City that the names endorsed are not supported.


There is no requirement for community consultation for Rights of Way naming. Although the City’s officers normally consult with Ward Councillors for their comment, suggestions and preferred order, this has not happened in this instance because Council resolved at its meeting held 10 September 2019 that the name of the Right of Way should change to either ‘Sundercombe Lane’ or ‘Norman Sundercombe Lane’.


The proposed naming process is in accordance with:-

The Landgate Geographic Names Committee ‘Policies and Standards for Geographical Naming in Western Australia’ document, Version 01:2017, Sections 1, 2 and 7;


Item CP1 35

The City’s ‘Naming of Roads within the City of Stirling’ procedure, adopted by Council at its meeting held 20 August 2013 (Council Resolution Number 0813/057); and

The City’s ‘Naming Procedure for Rights of Way’, adopted by Council at its meeting held 15 April 2014 (Council Resolution Number 0414/026).


All costs associated with street signage will be borne by the City.


Governance: Making it happen

Outcome G3: Customer-focussed organisation



ENVIRONMENTAL

Issue Comment

Nil.

SOCIAL

Issue Comment

Cultural and heritage value Acknowledgement of a past local resident will maintain the community’s link with the past.

ECONOMIC

Issue Comment

Nil.

Conclusion

Following the resolution of Council to change the name of Right of Way Number 28053 from ‘Hold Lane’ to either ‘Sundercombe Lane’ or ‘Norman Sundercombe Lane’, it is recommended that Council endorses the proposed names in the preferred order as detailed in this report. Should Council resolve to endorse these names, they will be forwarded in order of preference to Landgate for approval.


Item CP1 - Attachment 1 - Proposed Right of Way Name Origins 36










Item A1 41

ADMINISTRATION

A1 POWER OF ATTORNEY - TAMALA PARK LANDHOLDING (CATALINA SUBDIVISION) - PART LOT 9504, CERTIFICATE OF TITLE VOLUME 2231, FOLIO 333

Report Information

Location: Power of Attorney – Tamala Park Landholding (Catalina Subdivsion) – Part Lot 9504, Certificate of Title Volume 2231, Folio 333

Applicant: Not Applicable

Reporting Officer: Director Planning and Development

Business Unit: Planning and Development

Ward: Not Applicable

Suburb: Not Applicable


Definition

☐ Advocacy when Council advocates on its own behalf or on behalf of its community to another level of government/body/agency.

☒ Executive the substantial direction setting and oversight role of the Council. e.g. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.


☐ Quasi-Judicial when Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.




Item A1 42

Recommendation

1. That Council AGREES to the request from the Tamala Park Regional Council for the granting of a Power of Attorney in its favour to exercise the powers set out in the Power of Attorney documentation shown in Attachment 2.

2. That Council AGREES to the Revocation of Power of Attorney dated 7 August

2012 (Attachment 3) and 13 September 2013 (Attachment 4). 3. That the Mayor and Chief Executive Officer be AUTHORISED to execute the

Power of Attorney in the form of the documentation shown in Attachment 2 and the Revocation of Power of Attorney in the form of documentation shown in Attachment 3 and Attachment 4.

Report Purpose

To consider a request from the Tamala Park Regional Council (TPRC) to grant an updated Power of Attorney relating to land dealings with the Tamala Park landholdings, Catalina subdivision and to revoke the existing Powers of Attorney granted in 2012 and 2013.

Relevant Documents

Attachments

Attachment 1 - Letter from Tamala Park Regional Council dated 16 September 2019 (ECM Doc.11601225) ⇩

Attachment 2 - Modified Power of Attorney documentation (ECM Doc.11588440) ⇩

Attachment 3 - Revocation of Power of Attorney 7 August 2012 (ECM Doc.11588441) ⇩

Attachment 4 - Revocation Power of Attorney 13 September 2013 (ECM Doc.11588442) ⇩


Nil

Background

At its meeting held 6 August 2013, Council last considered the matter of granting a modified Power of Attorney in favour of the TPRC in respect to the Tamala Park landholding. At that meeting Council resolved (Council Resolution No.0813/029) as follows:-

“Moved Councillor Italiano, seconded Councillor Robbins

1. That the City of Stirling AGREES to the request from the Tamala Park Regional Council for a grant of a modified Power of Attorney in its favour to exercise the powers as set out in the attached Power of Attorney documentation.

2. That the Mayor and Chief Executive Officer be AUTHORISED to execute the modified Power of Attorney in the form of the documentation as attached to this report.”

The TPRC has recently written to the City advising that the current Powers of Attorney require updating (refer TPRC letter – Attachment 1).


Item A1 43

Comment

The Powers of Attorney previously granted to the TPRC by the member local governments (including the City of Stirling) enables the TPRC Chief Executive Officer (or the CEOs of the member local governments) to carry out the following:-

Contract of Sale (which includes without limitation the decision to sell, selling prices and the terms and conditions of sale).

Transfer of land.

Easement.

Deed of surrender of easement.

Application for surrender or extinguishment of easement.

Caveat.

Withdrawal of Caveat. At the TPRC meeting held 15 August 2019, the TPRC resolved as follows:-

1. “APPROVES the preparation of revised Powers of Attorney for that portion of Lot 9504 which is the subject of the Establishment Agreement, to refer to Chief Executive Officer’s position rather than named persons and also include reference to Acting Chief Executive Officer TPRC to enable the nominated positions to carry out land dealings, in accordance with the approved Powers of Attorney (2013). All other aspects of the POA are to remain unchanged.

2. Subject to (1) REVOKES the previous Powers of Attorney (2013) granted by the

member Local Governments.” In line with the TPRC’s resolution above, Council is requested to consider and support the requested change to the Power of Attorney and to revoke the 2012 and 2013 Powers of Attorney. The key change is that the new Power of Attorney documentation refers to nominated positions (CEO) rather than named individuals. This approach will ensure that Power of Attorney documentation remains operable in the event of a change of personnel.


Nil.


McLeods Lawyers (acting for the TPRC) have previously advised there is no legal impediment to the City granting the requested Power of Attorney. The sale of individual lots within the Catalina subdivision is being undertaken in accordance with Section 3.59 of the Local Government Act 1995.


The cost of preparation of the new Power of Attorney documentation will be met by the Tamala Park Regional Council.


Item A1 44


Governance: Making it happen

Outcome G4: Sustainable organisation



ENVIRONMENTAL

Issue Comment

Nil.

SOCIAL

Issue Comment

Nil.

ECONOMIC

Issue Comment

Nil.

Conclusion

Approval of the new Power of Attorney and revocation of the existing Powers of Attorney has been requested by the Tamala Park Regional Council. It is recommended that Council agree to the request to ensure the effective administration of the land sales associated with the TPRC’s Catalina project.


Item A1 - Attachment 1 - Letter from Tamala Park Regional Council dated 16 September 2019 (ECM Doc.11601225) 45


Item A1 - Attachment 1 - Letter from Tamala Park Regional Council dated 16 September 2019 (ECM Doc.11601225) 46


Item A1 - Attachment 2 - Modified Power of Attorney documentation (ECM Doc.11588440) 47




















Item A1 - Attachment 3 - Revocation of Power of Attorney 7 August 2012 (ECM Doc.11588441) 57


Item A1 - Attachment 3 - Revocation of Power of Attorney 7 August 2012 (ECM Doc.11588441) 58


Item A1 - Attachment 4 - Revocation Power of Attorney 13 September 2013 (ECM Doc.11588442) 59


Item A1 - Attachment 4 - Revocation Power of Attorney 13 September 2013 (ECM Doc.11588442) 60


61

9. MATTERS BEHIND CLOSED DOORS

Nil.

10. CLOSURE

The Presiding Member to declare the meeting closed.