CITY OF PERTH INDEX · CITY OF PERTH INDEX Item Description Page ... \\CH_FS1\VOL2\MINUTES\COUNCIL MINUTES 2001-02\MN020122.DOC ... Answer: The Acting Chief

$Page 1: CITY OF PERTH INDEX · CITY OF PERTH INDEX Item Description Page ... \\CH_FS1\VOL2\MINUTES\COUNCIL MINUTES 2001-02\MN020122.DOC ... Answer: The Acting Chief$
COUNCILMINUTES 22 JANUARY 2002

\\CH_FS1\VOL2\MINUTES\COUNCIL MINUTES 2001-02\MN020122.DOC

Ord Con Mins 22 January 2002

CITY OF PERTH

INDEX

Item Description Page

1/02 PRAYER 1

2/02 DECLARATION OF OPENING 1

3/02 APOLOGIES 1

4/02 QUESTION TIME FOR THE PUBLIC 1

5/02 MEMBERS ON LEAVE OF ABSENCE ANDAPPLICATIONS FOR LEAVE OF ABSENCE 3

6/02 CONFIRMATION OF MINUTES 4

7/02 ANNOUNCEMENTS BY THE LORD MAYOR WITHOUTDISCUSSION 4

8/02 DISCLOSURE OF MEMBERS’ INTERESTS 4

9/02 QUESTIONS OF WHICH DUE NOTICE HAS BEENGIVEN WITHOUT DISCUSSION 5

10/02 CORRESPONDENCE 5

11/02 PETITIONS 5

12/02 12 ALTONA STREET, WEST PERTH - DEMOLITION OFEXISTING BUILDING, AND CONSTRUCTION OF ASEVEN STOREY RESIDENTIAL BUILDINGCONTAINING 12 RESIDENTIAL APARTMENTS WITHBASEMENT PARKING 5

13/02 580 - 602 (LOT 32) HAY STREET, PERTH – REVISEDPLANS FOR 136 MULTIPLE DWELLINGS AND A 204ROOM HOTEL LOCATED ABOVE THE EXISTINGCINEMA AND RETAIL DEVELOPMENT 12

14/02 6-8 (LOT 1 AND PT LOT 15) MOUNTS BAY ROAD,CRAWLEY - MODIFICATIONS TO 11 LEVEL BUILDINGCONTAINING 12 MULTIPLE DWELLINGS ANDBASEMENT CAR PARKING 30




15/02 448 (LOT 1) MURRAY STREET, PERTH - DEMOLITIONOF EXISTING BUILDING AND CONSTRUCTION OF ASEVEN STOREY BUILDING WITH RESIDENTIAL,HOME OFFICE, RETAIL AND CAR PARKING 36

16/02 39 (PT LOT 403) NELSON CRESCENT, EAST PERTH -APPLICATION FOR NEW PLAYERS PAVILION, SOUTHPERIMETER SEATING AND PAVILION BUILDINGS(STAGE 1B WACA REDEVELOPMENT) 43

17/02 2 ST GEORGES TERRACE, PERTH - PROPOSEDEXTENSION TO PENTHOUSE SUITE ON THE NINTHFLOOR OF THE VICTORIA APARTMENT BUILDING 47

18/02 22 ST GEORGES TERRACE, PERTH - PROPOSED 15STOREY ADDITIONS TO THE EXISTING OAKLEIGHBUILDING CONTAINING 90 RESIDENTIALAPARTMENTS AND 180 RESIDENTIAL CAR BAYS 50

19/02 840 (LOT 570) WELLINGTON STREET, WEST PERTH -BRAND DIRECT RETAIL OUTLET CENTRE (STAGE 1)AND MIXED COMMERCIAL,SHOWROOM/WAREHOUSE AND OFFICEDEVELOPMENT (STAGE 2) 59

20/02 279 (LOT 2) WILLIAM STREET, NORTHBRIDGE -PROPOSED SHADE SAIL AND STEPS FOR ALFRESCOAREA 73

21/02 BEAUFORT STREET, PERTH - PROPOSED LOADINGZONE 73

22/02 KENSINGTON STREET BETWEEN EAST PARADE ANDFIELDER STREET - PROPOSED KERBSIDE PARKING 75

23/02 ACTIVITIES ON LAND LOCAL LAW 77

24/02 PARKING LOCAL LAW 1999 AMENDMENT 80

25/02 DISCOVERING THE CITY - PEDESTRIANINFORMATION SIGNS 83

26/02 TENDER NO. 038-2001/2002 - DISCOVERING THE CITY- PEDESTRIAN INFORMATION SIGNS 87

27/02 UNRECOVERABLE FINES AND COSTS WRITTEN OFF 91

28/02 ART COLLECTION ACQUISITION 93




29/02 CITY OF PERTH 2002 CLAISEBROOK CARNIVAL:APPLICATION FOR SPONSORSHIP 95

30/02 CITY LIFE: OPPORTUNITIES AND CHALLENGES 100

31/02 TENDER 048-2001/2002 FOR THE SUPPLY ANDDELIVERY OF THREE ONLY 72” FRONT DECKMOWERS INCLUDING SALE OF THREE ONLY TORO72” FRONT DECK MOWERS BY OUTRIGHT ORTRADE-IN SALE 103

32/02 TENDER 040-2001/2002 - PROVISION OFCOLLECTION, SECURITY, COUNTING AND BANKINGOF MONIES FROM MULTI-STOREY CAR PARKS 107

33/02 TENDER NO 46-2001/2002 - ENTRY CANOPY ANDROOF COVER TO VOID AREAS AT THE ROE STREETCAR PARK 110

34/02 TENDER NO. 043-2001/2002 - BULK WASTE REMOVALFROM THE CITY OF PERTH WORKS DEPOT FOR AONE YEAR PERIOD 113

35/02 REPLACEMENT OF STREET LITTER BINS - NEXTPHASE 116

36/02 SUMMER WATERING PROGRAMME - PARKLANDSAND OPEN SPACE 118

37/02 TENDER 035/2001/2002 - COMMERCIAL CLEANINGCONTRACT FOR COUNCIL HOUSE 123

38/02 NEW AIR-CONDITIONING SYSTEM - SHOP 1, PIERSTREET CARPARK 126

39/02 PURCHASE OF LOT 220 ROYAL STREET, EASTPERTH 129

40/02 RENT REVIEW - FORREST PLACE LOADING DOCKAND STORAGE AREAS 134

41/02 EXTENSION OF LEASE - CULTURAL CENTRE CARPARK 137

42/02 LEASE - 52 AND 54 SHORT STREET, PERTH -AUSTRALIAN RED CROSS SOCIETY (WESTERNAUSTRALIAN DIVISION) 139

43/02 LICENCE TO OCCUPY RAILWAY LAND, WELLINGTONSTREET, PERTH 142




44/02 TELECOMMUNICATIONS TOWER LICENCE – MTELIZA RESERVOIR, KINGS PARK 145

45/02 RETURN OF PART LOTS 42-54 ARDEN STREET, EASTPERTH 147

46/02 RE-ESTABLISHMENT OF THE FACADE COMMITTEE 151

47/02 HOUSE/SPONSORSHIP AND DONATIONSCOMMITTEE - MEETING HELD ON 20 NOVEMBER2001 154

48/02 BUSINESS OPPORTUNITIES AND SAVINGSCOMMITTEE - MEETING HELD ON 23 OCTOBER 2001 156

49/02 MINDARIE REGIONAL COUNCIL - MINUTES OFORDINARY COUNCIL MEETING HELD ON 13DECEMBER 2001 157

50/02 TENDER NUMBER 044-2001/2002 - SUPPLY ANDDELIVERY OF STATIONERY AND OFFICE PRODUCTS 159

51/02 FINANCIAL CONTRIBUTION TO CITY ACTIVITIES ANDFACILITIES 161

52/02 MOTION OF WHICH PREVIOUS NOTICE HAS BEENGIVEN 165

53/02 REPRESENTATION ON STATUTORY AUTHORITIESAND PUBLIC BODIES 165

A. NATIONAL TRUST OF AUSTRALIA (WA) COUNCIL 165

B. WA LOCAL GOVERNMENT SUPERANNUATIONBOARD 167

C. DEPARTMENT OF LAND ADMINISTRATION (DOLA)CUSTOMER SERVICE COUNCIL 169

D. FINANCE AND SERVICES COMMITTEE 171

54/02 URGENT BUSINESS 173

COUNCILMINUTES - 1 - 22 JANUARY 2002


Minutes of the Ordinary Meeting of the Council of the City of Perth held in theCouncil Chamber, Ninth Floor, Council House, 27 St George’s Terrace, Perth, onTuesday, 22 January 2002 at 6.08 pm.

Presiding: The Rt Hon Lord Mayor, Dr P C R Nattrass

Councillors Present: McEvoy, Davidson, MacGill, Scaffidi, Stroud,Sutherland, Tan and Tudori

In Attendance:

Garry Dunne - Acting Chief Executive OfficerNoelene Jennings - Director Corporate ServicesDoug Forster - Director Business UnitsCharlotte Stockwell - Director StrategyMax Hipkins - Director PlanningPeter Monks - Manager Approval ServicesJamie Parry - Manager Corporate SupportNaomi Moylan - Administrative Services Team Leader

1/02 PRAYERThe Lord Mayor took the Chair and the prayer was read by the Acting ChiefExecutive Officer.

2/02 DECLARATION OF OPENINGThe Lord Mayor declared the meeting open.

3/02 APOLOGIESNil

4/02 QUESTION TIME FOR THE PUBLICThe Acting Chief Executive Officer advised that the following questions had beenreceived:-

Mr Tony Ransom80 Bennett StreetEAST PERTH 6004

Question 1: What is the date for the next quarterly ratepayersmeeting?

Answer: The Acting Chief Executive Officer responded thatit is intended that the next Community Forums beheld in March/April 2002.



Question 2: Is there anything to prevent ratepayers bringing infraredconnected laptops to enable us to record our version ofthe minutes - in the event of the Council being unableor unwilling to supply instant visual confirmation of theminutes as they proceed?

Answer: The Acting Chief Executive Officer responded thatthere was nothing to prevent this.

Questions 3 and 4: Will the Council display the minutes visually for theratepayers to confirm as the meeting proceeds?

If not, why not?

Answer: The Acting Chief Executive Officer responded thatthat this would not happen at this time, however,the Council has previously given consideration tothe purchase of visual display equipment in the2000/2001 and 2001/2002 budgets.

Question 5: Has any action been taken toward the display of Modelof Perth within the City of Perth?

Answer: The Acting Chief Executive Officer responded thatthis question will need to be taken on notice.

Question 6: Has a Model of the Convention Centre been built to thesame scale as the City of Perth Model?

Answer: The Acting Chief Executive Officer responded thatno model has been built.

Question 7: Has a Model of Woodside Petroleum Building beenbuilt to the same scale as the City of Perth Model?

Answer: The Acting Chief Executive Officer responded thatno model has been built.

Question 8: If yes, can they be viewed, and where?

Answer: The Acting Chief Executive Officer responded thatthis was not applicable given the response toQuestions 6 and 7.

Question 9: What was the name of the owner of the lanewayrecently acquired by the City of Perth between Hay Stand Goderich St Carpark?



Answer: The Acting Chief Executive Officer responded thatthis question would be taken on notice.

Question 10: Can either the first or family name of this person, beused for the laneway name?

Answer: The Acting Chief Executive Officer responded thatlanes and roads are not usually able to be namedafter living persons according to the regulations setby the Geographic Names Committee.

Question 11: Can the laneway on virtually the same alignment goingthrough to Wellington St share the same name asabove to assist Pedestrian direction access (Iappreciate this second portion of the laneway may beprivately owned, but consultation could ensure anagreeable enhancement).

Answer: The Acting Chief Executive Officer responded thatthe naming of these lanes would need to beinvestigated to confirm that a name is required andif so, to establish an appropriate name and whetherthe two lanes should be named similarly.

Question 12: Why have the floodlights that protect and enhance theKangaroos on St George’s Terrace not been workingsince before 7th January 2002?

Answer: The Acting Chief Executive Officer responded thatthis question would be taken on notice.

Question 13: What is the hourly rate paid to staff for monthlychecking of street lighting?

Answer: The Acting Chief Executive Officer responded thatthe City conducts approximately four inspectionsper month at an estimated cost of $60 perinspection.

5/02 MEMBERS ON LEAVE OF ABSENCE AND APPLICATIONSFOR LEAVE OF ABSENCE

Nil



6/02 CONFIRMATION OF MINUTESThe minutes of the Ordinary Meeting of the Council held on 11 December 2001 weresubmitted for consideration.

Moved by Cr Davidson, seconded by Cr Sutherland

That the minutes of the Ordinary Meeting of the Council held on 11December 2001, be taken as read and confirmed.

The motion was put and carried.

As stipulated under the City of Perth Policy No.CS28 the votes were recordedas follows:-

For: The Lord Mayor, Crs McEvoy, Davidson, MacGill, Scaffidi,Sutherland, Stroud, Tan and Tudori

Against: Nil

7/02 ANNOUNCEMENTS BY THE LORD MAYOR WITHOUTDISCUSSION

The Lord Mayor welcomed the Deputy Mayor of the Town of Vincent, Cr DavidDrewett, to the Council meeting.

The following official guests, from the Taxi Council of WA Inc, attended the Councilmeeting:-

• Joanna Ammon - CEO• Stephen Satchell - Executive Councillor• Michael Cockburn - Joint Vice Chairman• Chas Thompson - Joint Vice Chairman

8/02 DISCLOSURE OF MEMBERS’ INTERESTSThe Acting Chief Executive Officer advised that the following Members had disclosedan interest in the following matters.

Member/Officer Minute No. Page No. Nature of InterestThe Lord Mayor 14/02 30 Part owner

Cr MacGill 13/02 12 Proximity

Cr Scaffidi 29/02 95 Proximity

Cr Scaffidi 43/02 142 Proximity



9/02 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVENWITHOUT DISCUSSION

Nil

10/02 CORRESPONDENCENil

11/02 PETITIONSNil

12/02 12 ALTONA STREET, WEST PERTH - DEMOLITION OFEXISTING BUILDING, AND CONSTRUCTION OF A SEVENSTOREY RESIDENTIAL BUILDING CONTAINING 12RESIDENTIAL APARTMENTS WITH BASEMENT PARKING

BACKGROUND:

SUBURB/LOCATION: Altona Street, West PerthDA/BA REFERENCE: 01/553FILE REFERENCE: P1011719RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 2 January 2002

LANDOWNER: Peter and Elizabeth AtkinsAPPLICANT: Luke AtkinsZONING: (MRS Zone): Urban

(City Planning Scheme Zone): Office/ResidentialOR2

APPROXIMATE COST: $2.4 millionSITE HISTORY: The site contains a single storey building in a

relatively poor condition. The property is not listedin the adopted Municipal Heritage Inventory.

DETAILS:

Approval is sought for the development of a seven storey residential apartmentbuilding containing 12 units with a basement car park.

The basement accommodates 15 residents’ bays and a visitor bay, 12 storerooms, aplant room and the lift core. Vehicle access to the basement will be from AltonaStreet, with the exit being onto a rear right of way.



The ground floor contains two three-bedrooms units with a landscaped walkway tothe main foyer/entry, a landscaped terrace area, two storerooms and a coveredgazebo/entry. The typical floor layout for the first, second, third and fourth floorscontain two three-bedrooms units with large balconies. The fifth floor contains athree-bedroom unit with an extensive balcony. The penthouse suite on the sixth floorcontains three-bedrooms with front and rear balconies.

All units will be accessed from a central lift core and each apartment has a balconyto the west and east aspects.

POLICY/LEGISLATION:

PolicyPolicy Name and Number: Perth Parking Policy

The Perth Parking Policy does not apply to this application as only residential parkingbays are proposed. Residential bays are not required to be licensed under the PerthParking Policy. Residential parking will be subject to the provisions of the CityPlanning Scheme and will be discussed in another part of this report.

COMPLIANCE WITH PLANNING SCHEME:

Multiple dwellings are permitted uses within the Office Residential OR2 Zone. Theproposal’s compliance with the Scheme requirements is summarised below:

Scheme Standard Proposed Permitted/RequiredPlot Ratio 2.0:1 (1306 sq.m) 2:1 (1306 sq.m)

Density 12 dwellings 10 dwellings

Building Height 24.0 metres 27 metres

Car Parking -Residential 16 bays 23 bays (min)

Landscaping 27% (174 sq.m) 25% (163 sq.m)

Setbacks

Altona Street

Ground - 2nd floors 4.5 metres 4.5 metres

3rd floor 8m, 4.5m to balcony 5.5 metres

4th floor 8m, 4.5 metres 6.5 metres

5th floor 8m, 6.2m to balcony 6.5 metres

6th floor 8m, 6.2m to balcony 6.5 metres

Eastern (Rear)

Ground - 2nd floors 6.8m, 3.6m to balcony 3 metres



Scheme Standard Proposed Permitted/Required3rd floor 6.8m, 3.7m to balcony 4 metres

4th floor 6.8m, 3.7m to balcony 5 metres

5th floor 6.8m, 3.7m to balcony 5 metres

6th floor 6.8m, 5.5 m to balcony 5 metres

Both Side Boundaries

Ground - 2nd floors 3m, coveredentry/portico andstoreroom within

setback area

3 metres

3rd floor 3 metres 4 metres

4th floor 3 metres 5 metres

5th floor 4.4m, 3 m to balcony 5 metres

6th floor 4.4 metres 5 metres

Draft City Planning Scheme:

The subject property falls within the Office/Residential area of the West PerthPrecinct (P.10) under the draft Scheme. The draft Scheme developmentrequirements are the same as the current Scheme requirements.

COMMENTS:

Consultation:

The owners and occupiers of the adjoining properties were notified in writing of theproposal and invited to comment in accordance with the requirements of the CityPlanning Scheme, as the application proposes variations to the setback, and carparking. No submissions were received from the adjoining owners.

Setbacks:

The applicant is seeking setback variations to all lot boundaries at differing levels ofthe building.

Front Setback

On the ground floor, a covered entry portico with a setback 1.5 metres from thestreet boundary (instead of 4.5 metres) would obstruct the street outlook of theadjoining property at 14 Altona Street. It is considered that in order to maintain a



uniform building alignment with the established building in the street, it would be thenecessary to relocate the entry portico 4.5 metres away from the street boundary.This can be achieved as a condition of any approval.

The fourth floor balcony is set back 4.5 metres instead of 5.5 metres from the streetboundary. The main portion of the building is setback eight metres from the streetboundary which is more than the minimum setback requirements. The sixth andseventh floors balconies encroach into the setback area by 300mm. Thesebalconies are a partially transparent element of the building and the impact of thisvariation on the streetscape is relatively minor. Therefore, this variation is supported.

Rear Setback

The rear of the property abuts a right-of-way (ROW). The Scheme does notprescribe the use of the width of the ROW in the calculation of the setback, unlikethe Residential Planning Codes, which state that in residential zones half of the widthof the right of way may be included in the calculation of the setback. The impact ofthe rear setback variation upon neighbouring developments will, however, besignificantly reduced due to the separation of the properties by the ROW. It is notedthat if half the width of the ROW was included, the rear setback would comply withthe exception of a small portion of the upper floor balconies. On this basis thevariation is supported.

Side Setbacks

The existing adjoining buildings to the north and south are setback 1.2 metres and1.0 metre, respectively. These buildings are single storey and are being used asprofessional offices.

The setback variations sought are relevant to the upper levels, starting from thefourth floor onwards. These variations are unlikely to have an impact on theadjoining properties other than overshadowing of the southern property. It should benoted that compliance with the setback requirements of the Scheme would still resultin the proposed building casting a shadow over the adjoining properties to the south.Further, the site can be developed to nine storeys in height, however, the applicantproposes only a seven storey building.

Both adjoining buildings to the north and south contain windows overlooking thesubject site. Although the adjoining buildings are being used for commercialpurposes it is considered appropriate for at least the first three levels of apartmentscontaining north and south facing windows to be screened with obscured glazing upto 1600mm high. This will provide privacy for both the adjoining properties, whilstprotecting the privacy of the future occupants within the proposed units on theselower levels.

An extensive balcony (30 metres long with north and south facing) is proposed onthe sixth floor facing north, south, east and west. These balconies are only set backthree metres from the side boundaries and would set a undesirable precedent forlarge balconies with reduced setbacks to side boundaries. It is considered that the



north and south facing balconies between the Living Room and Bedroom 1 on thesixth floor should be deleted.

As the property only has a street frontage of 15.09 metres and is 43.25 metres deep,with a total land area of 653 square metres, the applicant has indicated that it wouldbe difficult to develop the site if all setback requirements of the City PlanningScheme are to be strictly complied with. This would result in each apartment havingonly an internal building width of nine metres on the first three floors to five metres onthe sixth and seventh floors. The applicant has indicated that the proposeddevelopment is aimed at providing a limited number of high quality apartmentsallowing larger unit sizes with quality finishes. To produce a classical style ofarchitecture with high quality building materials that is in harmony with the existingstreetscape was part of the design brief.

It is considered that the proposed setback variation can be supported subject to theimposition of conditions discussed above.

Dwelling Density:

The City Planning Scheme restricts the density of residential developments to theResidential Planning Code requirement of 160 dwelling units per hectare. Theproposed development exceeds this requirement as 12 dwellings are proposed whilstonly 10 dwellings are permitted. The proposal is equivalent to a density coding ofR182.

Residential density is one of several requirements of the Residential Planning Codeswhich are considered unsuited to inner city developments. The density controlimposes a significant disincentive to developers wishing to undertake residentialprojects within commercially zoned land and a minor variation of two additional unitscan be supported if the remaining development standards, particularly building heightand plot ratio, are not jeopardised through the need for additional floor space.

Car Parking:

A total of 23 car parking bays is required under the City Planning Scheme for the useof the subject property for 12 multiple dwellings. A parking shortfall exists as only 16bays are provided on site.

The proposed shortfall in car parking is considered acceptable as the proposedparking (16 bays) provides at least one bay per dwelling with three dwellingspotentially having two bays. The provision of one bay per unit is consistent withprevious approvals for residential developments in West Perth.

The applicant will need to be advised that there is insufficient on street parkingavailable within the locality to enable the issuing of any residential or visitor parkingpermits to the occupants of the proposed development.



Conclusion:

The proposed development will provide for inner city residential development andwhile the applicant is seeking several variations to the Scheme requirements, it isconsidered that the impact of the variations would be minor in nature and are unlikelyto impact on the amenity of the locality or the adjoining properties to a significantextent.

Moved by Cr Sutherland, seconded by Cr Stroud

That:-

1. in accordance with the provisions of the City Planning Scheme andthe Metropolitan Region Scheme the Council APPROVES BY ANABSOLUTE MAJORITY the application submitted by Mr Luke Atkinsfor the development of 12 multiple dwellings with basement parkingat Lot 23 (No. 12) Altona Street, West Perth as indicated on theMetropolitan Region Scheme Form One dated 23 August 2001 and asshown on the amended plans dated 27 December 2001, subject to:-

1.1 additional details of the design and finishes for the proposedbuilding, including particular attention to the street elevations ofthe building, being submitted and approved prior to the issue ofthe relevant building licence;

1.2 a detailed landscaping plan being submitted and approved priorto the issue of the relevant building licence including significantlandscaping to the terrace area;

1.3 the north and south facing windows on the ground, first andsecond floors being screened in obscured glazing up to1650mm high;

1.4 the northern and southern facing balconies between the LivingRoom and the Bedroom One on the sixth floor being deleted;

1.5 the submission of a construction management plan for theproposal detailing how it is proposed to manage:-

1.5.1 the delivery of materials and equipment to the site;

1.5.2 the storage of materials and equipment on the site;

(Cont’d)



1.5.3 the parking arrangements for the contractors andsubcontractors;

1.5.4 other matters likely to impact on the surroundingresidents;

1.6 the entry portico being set back 4.5 metres from the Streetboundary;

1.7 the proposed development being designed and constructed insuch a manner so that existing and possible future noise levelsassociated with the surrounding commercial uses, that couldpotentially affect future occupiers, can be successfullyattenuated. The details of such attenuation being submitted forapproval prior to the issue of the relevant building licence;

2. the applicant being advised that:-

2.1 with regard to the potential for noise and disturbances, innercity living should be considered in terms of context of itslocation. The proximity of existing uses or potential uses whichmay impact on the amenity of the residential environment andrequirements of the City and other organisations to provideservices on a 24 hours basis, such as rubbish collection andworks in the street, need to be taken into account bydevelopers, landowners and potential occupants;

2.2 there is insufficient on street parking available within thelocality to enable the issuing of any residential or visitor parkingpermits to the occupants of the proposed development;

2.3 the Council will need to be furnished with written confirmationthat potential occupants of the proposed development will benotified of 2.1 and 2.2 above.

The motion was put and carried by an absolute majority



Against: Nil



13/02 580 - 602 (LOT 32) HAY STREET, PERTH – REVISED PLANSFOR 136 MULTIPLE DWELLINGS AND A 204 ROOM HOTELLOCATED ABOVE THE EXISTING CINEMA AND RETAILDEVELOPMENT

BACKGROUND:

SUBURB/LOCATION: North-east corner of the intersection of Hay Streetand Barrack Street

DA/BA REFERENCE: 01/0324FILE REFERENCE: P1001606RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 4 January 2002

LANDOWNER: Westpoint Corporation Pty Ltd and Goldtag Pty LtdAPPLICANT: Greg Rowe and AssociatesZONING: (MRS Zone): Central City Area

(City Planning Scheme Zone): Shopping CSAPPROXIMATE COST: $20 millionSITE HISTORY: The existing Cinema City development, which

includes four cinemas, ground level arcade andparking for 49 cars was approved in October 1978.

The Council, at its meeting held on 24 July 2001,approved the refurbishment and redevelopment ofthe Cinema City site which involved the internalrefurbishment of the carpark, arcade and cinemason the southern portion of the site and thedevelopment of additional parking and storage, anew retail arcade, and three additional cinemas onthe northern portion of the site adjacent to MurrayStreet. The application was the first stage of atwo-stage project.

The Council, at its meeting held on 27 November2001, deferred consideration of an application fora 25 level building above the existing Cinema Citycomplex, containing a 221-room hotel and 160multiple dwellings. The application is the secondstage of a two-stage project and was deferred toenable the applicant to submit amended plans thatreduced the height and plot ratio of the proposeddevelopment.

On 11 December 2001, the Council consideredamended plans dated 30 November 2001 for a 22level building to be constructed above the existing



Cinema City Complex. The amended planssought approval for 193-room hotel and 140multiple dwellings. Two motions were put forward,one to approve to the application, and one citingrefusal. Both motions were subsequently lost.

The applicant was requested to arrange a meetingwith Council Officers to discuss further progress ofthe application and submit amended plans more inline with the draft City Planning Schemeprovisions.

DETAILS:

On 21 December 2001, the applicant submitted amended plans for the constructionof a 23 level building above the existing Cinema City complex (total of 27 storeys).The building height has been increased an additional level, from 94 metres to 97metres above the Hay Street level. This has been achieved by adding one flooracross the lower levels of the hotel and the stepping back of the top four floors of theresidential building (i.e. new Levels 20 to 23) from the Hay Street frontage andeastern boundary of the site. The revised building will be occupied by a 204 roomhotel and 136 multiple dwellings. The total plot ratio remains the same as the lastamended plans considered by the Council on 11 December 2001 at 5.5:1(25,892m2).

The current application forms stage two of the development with the approved stageone being the refurbishment of the arcade and the addition of three cinemas. Thestage two development comprises the following:-

Amended Plans dated 30 Nov 2001 Current Plans dated 21 December2002

Lower Basement Levels:

Basement levels 1 and 2 were approvedunder the previous approval. Basementlevels 3 and 4 will accommodate 34 carparking bays on each level.

Lower Basement Levels:

Basement levels 1 and 2 were approvedunder the previous approval. Basementlevels 3 and 4 will accommodate 34 carparking bays on each level.

Hotel Lobby:

The hotel lobby level contains hotelreception, offices and back of housefacilities, a bar/lounge, a restaurant andkitchen, three function rooms and variousplant and equipment rooms. The hotellobby is accessed via lifts from the lowerlevels.

Hotel Lobby:

The hotel lobby level contains hotelreception, offices and back of housefacilities, a bar/lounge, a restaurant andkitchen, three Function rooms andvarious plant and equipment rooms. Thehotel lobby is accessed via lifts from thelower levels.




Hotel Levels 2 – 7 (6 levels):

28 hotel rooms (30m2 to 47.8m2) will belocated on each level.(28 x 6 = 168 rooms)

Hotel Levels 2 – 8 (7 levels):

28 hotel rooms (30m2 to 47.8m2) will belocated on each level.(28 x 7 = 196 rooms)

Hotel Level 8

25 hotel rooms (30m2 to 47.8m2) will belocated on the 8th level. A 68.5m2

gymnasium is also provided on this levelfor the exclusive use of the hoteloccupants.

-

Residential – Level 9

This level will be occupied by tenapartments (50m2 to 78m2) each havinga private balcony. A pool, spa and pooldeck with a bar is located on this level(above the western wing of the hotel).(10 apartments).

Residential and Hotel – Level 9

This level will be occupied by 10 tenapartments (50m2 to 68.3m2) eachhaving a private balcony. Eight hotelrooms (33.1m2 to 47.8m2) and a 68.5 m2

gymnasium is also provided on this levelfor the exclusive use of the hoteloccupants.

Residential - Levels 10 – 22 (13 levels):

Each level will be occupied by tenapartments (50m2 to 78m2) each havinga private balcony.(13 x 10 apartments = 130 apartments)

Residential – Levels 10 – 23 (14 levels):

Level ten will contain ten apartmentseach having a private balcony. A pool,spa and pool deck with a bar is alsolocated on this level (above the westernwing of the hotel).

Ten apartments will be containedbetween Levels 11 and 19, each havinga private balcony (9 x 10 = 90apartments).

Levels 20 and 21 will contain sevenapartments and Level 22 and 23 willcontain six apartments. Theseapartments will each have a privatebalcony (a total of 26 apartments overfour levels). These four levels have beenre-designed so that they are steppedback from the Hay Street and easternboundaries of the site.




Total – 193 hotel rooms, 140apartments with total plot ratioof 5.5:1 (25,892 m2 )

Total - 204 hotel rooms, 136 apartments(one extra level) with total plotratio of 5.5:1 (25,892 m2 )

POLICY/LEGISLATION/STRATEGIC PLAN:

PolicyPolicy Name and Number: Perth Parking Policy

The Perth Parking Policy indicates desirable and maximum levels of tenant carparking within the city dependant on the road used to gain access to the site and thetype of access to the site. In this instance access to the site is integrated fromMurray Street which is a category two street. The maximum number of tenant carbays permitted on the site is 94 bays. The applicant proposes 20 tenant bays and146 residential bays (the Policy requires residential bays to be provided incompliance with the Scheme requirements). The Department for Planning andInfrastructure has advised that they have no objections to the 20 tenant bays subjectto the remaining bays being used solely for the residential apartments.

Policy Name and Number: Hay Street Guidelines

The Hay Street Guidelines were adopted by the Council in May 1983 to establishdesign and built form guidelines for Hay Street with the general intention of:-

• improving the comfort and convenience of pedestrian areas;

• protecting and enhancing the character of existing buildings. The Policy refers to the road widening requirement along Hay Street for which thisroad widening has already been effected. In order to encourage development to becolonnaded over the road widening area, so as to enhance the pedestrian amenityand to provide continuity between the old and new building lines, the policy permitsthe area of the land excised for road widening to be included in the total lot area forthe purposes of plot ratio calculation. The Policy states that support columns shall not be more than 450mm square on asix metre grid. The applicant proposes an architectural column along Hay Street toreflect the style of the Town Hall. The Column measures three metres along thewidth of Hay Street with a depth of 0.8 metres which is significantly larger than theHay Street Guidelines prescribe. It is considered that the design of the column shouldbe amended to reflect the maximum column widths prescribed by the Hay StreetGuidelines or alternatively for the column to stop at the canopy, similar to the designon Barrack Street. This issue can be resolved through a condition of any approval.



The Policy states that the height of the building is to be contained within a 1:1 anglemeasured from a point 14 metres above the ground level at the old building line. Theproposed building does not comply with height provisions of the Policy as the buildingexceeds the height requirement from level 5 to 23. The Policy requires that buildings do not exceed an average height of 14 metres atthe building line. The existing cinema complex is approximately 19 metres high fromHay Street ground level.


Multiple dwellings and a hotel are discretionary uses (‘AA’) within the Shopping CSZone. The proposal’s compliance with the current and draft Scheme requirements issummarised below:

DevelopmentStandard

Proposed Permitted -Scheme

Permitted -Draft Scheme

Permitted -Policy

Plot Ratio

Stage 1 - 2.18:1 (10,246m2)

Stage 2 - 3.32:1

(15,646m2)

Total - 5.5:1(25,892m2)

• 5.0:1(23,500m2)non-residentialdevelopment

• 1.5:1 (7,050m2)- residentialdevelopment

5:1(23,500m2)

-

BuildingHeightHay Street

19 metres at thefront boundarywith the lift towerprojecting abovethe heightrequirement atthe 23rd level

32 metres at thefront boundary and

then containedwithin a 600 angle

16 metres atthe front

boundary andthen

containedwithin a 450

angle

14 metres atfront

boundarythen

setback 5metres andcontained

within a 450

angle

BarrackStreet

Building is withinthe height

requirement




boundary andthen


angle

-



DevelopmentStandard

Proposed Permitted -Scheme

Permitted -Draft Scheme

Permitted -Policy

MurrayStreet

Building is withinthe height

requirement




boundary andthen


angle

-

ResidentialDensity

136 residentialunits

(R289)

75 residential units(R160) - -

Car Parking 20 tenant bays146 residential

bays

47 bays maximum 94 tenantbays

maximum

94 tenantbays

Residentialin

accordancewith CPS


The subject property falls within the City Centre area of the Citiplace Precinct (P.5)under the draft Scheme. The draft Scheme states that new development willgenerally be low rise, reflecting the traditional height and scale of adjacent buildingsand allowing sun penetration into streets in winter. The proposal complies with theprovisions of the draft City Planning Scheme with the exception of the height and plotratio requirements. The draft Scheme limits the building height to 1:1 along thestreet frontage and then within a 45 degree height plane. The draft Scheme heightcontrols would mean that the top 14 storeys of the main structure and the top sixstoreys of the lower structure would not comply.

COMMENTS:

Plot Ratio:

A plot ratio of 5:1 (23,500m2) applies to the site under the City Planning Scheme andup to a 20 percent bonus may be granted at the Council’s discretion in accordancewith Clause 138 of the City Planning Scheme. The current amended plans proposean additional 2,392m2, which equates to a plot ratio bonus of 10 percent or a totalplot ratio of 5.5:1 (25,892m2).

Under the provisions of Clause 138 of the Scheme, the awarding of bonus plot ratiois to be reserved for developments of a high standard of design that include a



community facility or amenity that constitutes a significant improvement to theamenity of the Central Area.

In support of the proposed bonus plot ratio the applicant has provided the followinginformation (summarised):

1. Digital Display on the Hay Street Facade:

“A digital public art mural/screen is proposed on the Hay Street elevation of theexisting Cinema City building. The proposal involves the installation of a series ofscreens mounted to the wall of the building, upon which digital images are projected.Such images may include art works, information relating to up, and coming events inthe City. The lighting consultant describes the concept as follows:

The concept of a dynamic “art canvas” on the building facade seems a good way topromote art in a unique way to the public. It allows artists work to be displayed on anoutdoor canvas at a busy inner city street mall…..”

The applicant has advised that the infrastructure and ‘real estate’ would remain in theownership of the landowner. The landowner and the City would then enter into alease to ensure that the City has full legal rights of access to the facility. The leasewould be a nominal/peppercorn rent and would grant the City care, control andmanagement of the facility for a given length of time. Alternatively, the equipmentcould be ‘handed over’ to the City.

The applicant has also advised that the cost estimate for the three screens isbetween $75,000 and $105,000. The $75,000 estimate represents a lowerresolution projection while the $105,000 represents a higher resolution projection.

2. Floodlighting of the Town Hall

“The City is presently undertaking a major restoration of this historic landmarkbuilding- floodlighting the building in an appropriate manner will further emphasis theTown Hall’s historic, social and architectural significance. Lighting images hasprepared a brief report with respect to this proposal. As evident, floodlighting theTown Hall could be implemented at an estimated cost of between $50,000 and$100,000.”

The current contract for the Town Hall refurbishment does not include the provisionfor floodlighting.

3. Public Art Works and Street Furniture

“The applicant has advised that consideration has been given to the installation ofpublic art works or street furniture within the public domain. The works could beinstalled on any one of the Hay, Barrack and Murray Street frontages. The scope ofworks is broad and to assist with progressing this concept, we have requested MrMalcolm McGregor, a public artist, to liaise with relevant staff at the City in order to



identify works and a potential ’theme’ that may be considered appropriate to thislocality.”

The applicant has stated that their first intention is to develop a public art concept inconsultation with the City, however, in the event that agreement cannot be reachedthe applicant will commit $80,000 for the City to undertake public art within the area.

4. Inner City Residential Accommodation:

“It is widely accepted that cities such as Perth derive significant benefits from havinga large central / inner-city resident population base. Such residents add vitality to thepublic domain of a city, contribute to the local daytime and evening economy andgenerally reduce dependence on the private car.”

5. Retail Arcade:

“A condition of approval will require the ground floor retail arcade to be open forspecified times, to enable through public access. This will enhance the pedestriannetwork in the City and form part of a dedicated north-south link between StGeorge’s Terrace and Murray Street, including Cathedral Avenue adjacent to theTreasury Buildings. ….it is considered the dedication of the retail arcade for throughpublic access warrants the award of bonus plot ratio.”

The existing retail arcade provides a pedestrian link between Hay Street, BarrackStreet and Murray Street. The original approval did not impose any conditionsrequiring the arcade to open at certain times of the day. Stage 1 of the currentdevelopment, which was approved by the Council at its meeting held on 24 July2001, required permanent unrestricted public access through the arcades betweenthe following hours:-

Monday - Thursday: 7.00am - 9.00pmFridays: 7.00am - 10.00pmSaturdays: 7.00am - 7.00pmSundays: 11.00am - 6.00pm.

6. Opportunity Site:

“The development seeks to re-establish a vibrant cinema complex in the heart of theCity. The development will facilitate the consolidation of two out of date cinemacomplexes in the City’s east end, which at present, do not meet the needs orexpectations of the community. Despite the current approval to refurbish thecinemas, the viability of the cinema complex depends very much on the balance ofthe development going ahead as proposed.”



7. Public Toilet Facility:

“The former public amenities located below the Town Hall were removed as a resultof the current restoration works being undertaken to that building. Discussions withthe City’s Project Architect indicate there does not appear to be any opportunity toreplace these within the (restored) Town Hall. There remains an apparent need,therefore, to provide a similar facility in the immediate locality. The opportunity existsto either incorporate a facility within the proposed development or for the applicant tocontribute toward the provision of public amenities elsewhere in the vicinity.”

The applicant has submitted three options for the provision of a public toilet withinthe area. The options include the provision of a public toilet off site, the provision ofa public toilet accessed from internally within the arcade and the provision of a publictoilet accessed from Hay Street.

The applicant has advised that the management and ownership of the public toiletfacility will be similar to that envisaged for the display screens in that the applicantwill construct the facility and complete the fitout and upon completion the facilitywould be handed to the City who will then operate, manage and maintain the facilityin accordance with the lease arrangement (nominal/peppercorn rent).

Advice of the Bonus Plot Ratio Advisory Panel:

The original proposal seeking a 19.8 percent plot ratio bonus was considered by theBonus Plot Ratio Advisory Panel, in accordance with its terms of reference, at itsmeeting held on 24 October 2001. The Panel recommended granting, on the basisof the design and the location of the proposed building on the site and the proposedfacilities being offered by the applicant, of a five percent plot ratio bonus(representing a bonus of 1,176m2 of plot ratio floor area and an overall plot ratio of5.25:1) for the proposed development, provided that:-

1. the height of the building be significantly reduced to a height more appropriatewith the height requirements of the Hay Street Guidelines;

2. the location, design and maintenance of the public toilet be subject to furthernegotiation as the proposed location is not adequate;

3. the reduction of plot ratio should not change the residential plot ratio floorspaceas part of the 5% bonus was supported on the basis of providing inner cityresidential development.

The Bonus Plot Ratio Advisory Panel essentially considered that what was to beoffered in terms of community facilities when assessed against the building bulk andheight did not warrant the granting of 19.8 percent bonus. The Panel consideredthat the facilities such as floodlighting of the Town Hall, the digital display and thecontribution to public art were interesting opportunities but not significant communityfacilities. The Panel identified that the arcade was existing and the site was notconsidered an opportunity site. The Panel considered that the main facilities worthyof the granting of bonus plot ratio were the residential component of the building and



the public toilets, although they considered that the public toilets needed furtherconsideration regarding their location and design.

The plans have been revised to incorporate a 10 percent plot ratio bonus. Theapplicant has indicated that while the building height is slightly higher (by one flooronly) than the previous amended plans, the design of the top four floors reduces theextent of the shadow cast by the building. The number of hotel rooms has beenincreased from 193 hotel rooms to 204 hotel rooms and the number of apartmentsreduced from 140 to 136. The package of community benefits for the award ofbonus plot ratio floor space remains unchanged. The further reduction in theresidential floor space is contrary to part 3 of the Bonus Plot Ratio Advisory Panel’srecommendation.

Dwelling Density:

Based on a land area of 4700 square metres at an R160 coding, 75 units arepermitted on the site. The applicant, however, is proposing 136 units (R289), whichis a reduction of four units from the previous amended plans dated 30 November2001. The Residential Planning Codes are recognised as being inappropriate interms of inner city residential development. The variation with respect to densitywould not have an adverse impact upon the adjoining commercial properties, wouldresult in facilitating inner city housing, is consistent with previous decisions of theCouncil to vary the residential standards in the Central City Area and can, therefore,be supported under Clause 48 of the City Planning Scheme.

Building Height and Bulk:

The current amended plans propose the addition of one floor across the lower levelsof the building. This increases the building height from 22 levels to 23 levels.Although one floor higher than the previous amended plans, the design of the topfour floors reduces, to some extent, the shadow cast by the building. The currentamended plans generally comply with the current City Planning Scheme heightrequirement, with the exception of a minor portion of the lift overrun. The plot ratiobonus that the applicant is seeking represents 2,392m2 which is the same as the lastproposal considered by the Council on 11 December 2001.

The height of the building does not comply with the draft City Planning Schemeheight requirement as the building exceeds the height requirement from Level 5 toLevel 23.

The building exceeds the long standing Hay Street Guidelines height requirementfrom hotel Level 4 to Level 23. The existing building fronting Hay Street is 19 metreshigh and does not comply with the guidelines requirement of 14 metres.

In regard to the revised plans the applicant has indicated that having redesigned theupper four floors so that they are stepped back from the Hay Street and easternboundaries of the site, it reduces the extent of the shadow cast by the building.



The applicant previously submitted the following comments:

“Firstly, it is noted the existing Cinema City building has a height of 19 metres,meaning the lower levels of the development already exceed the… height limit of 14metres stipulated by the Hay Street Guidelines…Hence, regardless of the height orsetback of the upper levels of the building, the proposed development will notincrease the extent of any shadows cast on Hay Street at noon on 21 June eachyear.

Secondly, a development designed to be wholly within the allowable building line,CPS and Hay Street Guidelines, would still cast a shadow over the footpath on thesouthern side of Hay Street.

It would be possible to set the building back to comply with the Hay StreetGuidelines, yet the building would still cast a shadow over the majority of the lengthof the Hay Street frontage to the Town Hall. In comparison, by designing the buildingwith greater height and less width, the extent of the shadow cast over the Hay Streetfrontage of the Town Hall will be reduced to half the length.

Finally, it is noted the building will not cast any significant shadows over the site ofthe State Government’s proposed “Federation Park”. With respect to the extent ofovershadowing of the (former) Treasury Buildings, the resulting shadow from theproposed development is similar to that which would eventuate if the developmentsatisfied the height limit specified in Clause 151 of the CPS.”

The difficulty with this site is that the narrow portion of the land area toward MurrayStreet is difficult to develop for the hotel and residential uses proposed. The endresult of the shape of the lot is that instead of designing a building with floorspacewhich is evenly distributed over the entire site, the applicants have massed thebuilding towards Hay Street.

The massing of the building towards Hay Street will adversely impact on thestreetscape as the building will not be of a scale consistent with the development onthe northern side of Hay Street. While the Law Chambers Building and neighbouringbuildings have changed the streetscape on the southern side of Hay Street, thenorthern side has generally retained low scale development in accordance with therequirements of the Hay Street Guidelines, which were adopted in 1983. TheGuidelines were established to ensure that any proposed changes have regard tothe activities, scale and character of the Hay Street area. The Guidelines promotesunlight penetration into the street other than in summer. The proposed building hasbeen increased in height and will shade more of the southern side of Hay Street.The overshadowing will be greatest in winter with less impact in spring and autumn.

Shadow drawings have not been submitted for the revised design at the time ofpreparing this report, although the previous plans show overshadowing of theTreasury Buildings and the entrance to St Georges Anglican Cathedral in addition tothe Town Hall. The impact of the development in terms of overshadowing has alarger impact when assessing the overshadowing against the entire precinct, beingthe street block bounded by Barrack Street, St Georges Terrace, Hay Street and Pier



Street, rather than the applicant’s emphasis on the Town Hall. Furthermore, whenincorporating the shadow of the Law Chambers Building the majority of thissignificant precinct will be overshadowed. Furthermore, the proposed developmentdoes not comply with the draft City Planning Scheme which indicates the Council’sfuture direction for the area.

Consequently, it is considered that although the applicant has attempted to redesignthe upper four floors stepping back from the Hay Street and eastern boundaries ofthe site, the height and bulk of the building, as amended, will still have an adverseimpact on the amenity of the area through overshadowing, in particular the TownHall, Treasury Buildings and St Georges Cathedral and their associated externalpublic spaces.

Heritage Impact:

The previous application was referred to the Heritage Council of Western Australia(HCWA) given the height and bulk of the building and its potential impact on theheritage listed Town Hall and Treasury Buildings. The HCWA has advised that theoriginal plan for a 25 level building is not supported as the proposed development willhave a negative impact on the cultural heritage significance of the adjoining highlysignificant central city precinct. Of main concern is the overshadowing effect that theproposed tower will have over both the buildings and surrounding external areas ofthis precinct. The amended plans have not been referred to the HCWA, however,the 23 level building would have a similar impact

On 12 December 2001, the City also received a letter from the National Trust ofAustralia (W.A) expressing concern about the overshadowing of the heritage precinctincluding the Town Hall and the Cathedral Square area.

Car Parking and Access:

The basement car parking area and access is the same as in the previous plans.While the Traffic Impact Statement found that there would not be any significantimpacts to the existing traffic in Murray Street, there are issues associated with theaccess to the basement parking area.

Conclusion:

The proposed development will provide inner city residential development, andcommunity facilities which will contribute towards the site and the surrounding area. Itis still considered, however, that the provision of community facilities or amenitiesdoes not justify the extent of additional plot ratio sought. This is exacerbated by afurther reduction of the number of residential apartments contrary to part 3 of theBonus Plot Ratio Advisory Panel’s recommendation. It is also considered that thedistribution of the plot ratio on the Hay Street portion of the site adds to the buildingheight and bulk to such an extent that the development will have a negative impacton the surrounding area, in particular the central city precinct and Hay Street andheritage buildings also.



It is recommended that the amended plans be refused. The applicant, however,should be advised that the Council may favourably consider a new application with aplot ratio of 5.25:1 further addressing the urban design issues and objectivesrecommended by the Bonus Plot Ratio Advisory Panel, particularly the reduction ofplot ratio should not change the residential plot ratio floorspace, as part of the 5%bonus was supported on the basis of providing inner city residential development.

It was therefore recommended that:-

1. the application submitted by Greg Rowe and Associates for 136 multipledwellings and a 204 room hotel located above the existing cinema and retaildevelopment at 580 - 602 (Lot 32) Hay Street, Perth as indicated on theMetropolitan Region Scheme Form One received on 31 July 2001, and asshown on the revised plans dated 21 December 2001, be refused under theMetropolitan Region Scheme and the City Planning Scheme for the followingreasons:-

1.1 the proposal does not comply with the City Planning Scheme plot ratiorequirements of the Shopping CS zone;

1.2 the proposal does not comply with the height requirements of the HayStreet Guidelines;

1.3 the proposal does not comply with the City Planning Scheme heightrequirements;

1.4 the proposal will result in overshadowing of three significant heritagebuildings and public places of cultural significance;

1.5 the proposed height is considered to be inconsistent with the height ofsurrounding buildings in the locality and would adversely impact on theamenity of the streetscape;

1.6 the development is not consistent with the orderly and proper planning ofthe locality and preservation of the amenity of the locality;

2. the applicant be advised that the Council may be prepared to favourablyconsider a new application with a plot ratio of 5.25:1 if the proposal isredesigned to meet the recommendation of the Bonus Plot Ratio AdvisoryPanel.

(Cr MacGill disclosed an interest, took no part in discussion and did not voteon this item)

Member Nature of InterestCr MacGill Proximity

Cr MacGill departed the Chamber at 6.17pm



Moved by Cr McEvoy, seconded by Cr Sutherland

That:-

1. in accordance with the provisions of the City Planning Scheme andthe Metropolitan Region Scheme, the Council APPROVES BY ANABSOLUTE MAJORITY the application submitted by Greg Rowe andAssociates for 136 multiple dwellings and a 204 room hotel locatedabove the existing cinema and retail development at 580 - 602 (Lot32) Hay Street, Perth as detailed on the Metropolitan RegionScheme Form One received on 31 July 2001 and as shown on therevised plans received on 21 December 2001 subject to:-

1.1 the plot ratio of the proposed development being restricted to5:1 with an additional plot ratio of 0.5:1 (representing a bonusof 10% or an additional 2,392m2 under Clause 138 of the CityPlanning Scheme) being granted on the basis of the provisionof a public toilet facility, the refurbishment of the arcade, theresidential component of the building, provision of a digitalpublic art mural/screen on the Hay Street elevation,floodlighting the Town Hall, and a financial contribution of$80, 000 for the City to undertake public art within theimmediate area. Working drawings showing the plot ratio ofthe proposed development not exceeding a total of 5.5:1(25,892m2) shall be submitted prior to the issue of the relevantbuilding licence(s);

1.2 revised plans for the proposed public toilet facility,

addressing the location, design and maintenance of thefacility, being submitted for approval prior to the issue of therelevant building licence and the cost of the facility beingborne by the applicant;

1.3 a lease agreement being entered into between the City and thelandowner at a nominal/peppercorn rent granting the City fulllegal rights of access for the management of the public toiletfacility, with the preparation of such an agreement beingcarried out by the City, at the applicant’s expense;

1.4 the applicant providing a financial contribution of $80,000 for

the City to undertake public art within the immediate area;

(Cont’d)



1.5 the cost associated with the proposed floodlighting of theTown Hall being borne by the applicant;

1.6 details of the proposed digital public art mural/screen on the

Hay Street elevation being provided; 1.7 any advertising on the digital display screen being the subject

of a separate application;

1.8 a lease agreement being entered into between the City and thelandowner at a nominal/peppercorn rent granting the City fulllegal rights of access, care control and management of thedigital display screen, with the preparation of such anagreement being carried out by the City, at the applicant’sexpense;

1.9 plans being submitted at the working drawing stage which

shows the extent of the proposed architectural columnproposed along Hay Street being modified to comply with theHay Street Design Guidelines;

1.10 the public being provided with permanent unrestricted accessthrough the arcades between the following hours:-

Monday - Thursday: 7.00am - 9.00pmFridays: 7.00am - 10.00pmSaturdays: 7.00am - 7.00pmSundays: 11.00am - 6.00pm;

the consent of City being first obtained if it becomesnecessary for the arcades to be closed during these certaintimes;

1.11 a legal agreement between the applicant and the City beingprepared by the City’s Solicitors, at the applicants expense,including details and arrangements which satisfy theCouncil's requirements in relation to condition 1.9 above;

1.12 the internal arcade from Barrack Street being a minimum of 4metres wide;

(Cont’d)



1.13 details of the refurbishment of the arcade being submitted andapproved prior to the issue of the relevant building licence;

1.14 details of the design and finishes for the proposed building

being submitted and approved prior to the issue of therelevant building licence;

1.15 tenant car parking bays being provided on site in accordancewith the provisions of the Perth Parking Policy, with theremaining on-site car bays being used exclusively by theoccupiers of the residential apartments on the site;

1.16 a parking management plan addressing the allocation and useof the on-site tenant and resident parking bays beingsubmitted and approved prior to the issue of the relevantbuilding licence;

1.17 the dimensions of all car bays, aisle widths and circulationareas complying with Australian Standard 2890.1;

1.18 the number and location of car parking bays for people withdisabilities being provided in accordance with AustralianStandards, with the details of these bays being submitted andapproved prior to the issue of the relevant building licence;

1.19 the applicant entering into a legal agreement with the City,requiring the traffic signals within the laneway to beadequately maintained, prior to the issue of the relevantbuilding licence, with all costs associated with the preparationof such an agreement being borne by the applicant;

1.20 the existing crossover being redesigned to the City’sspecifications;

1.21 measures being taken to protect pedestrians at the vehicleingress and egress points (such as warning alarms whenvehicles are entering or leaving the site);

1.22 all external building plant, including air conditioner units andlift over runs, being screened from public view;

(Cont’d)



1.23 details of the dimensions, location, and screening of allrubbish storage areas being submitted for approval prior tothe issue of the relevant building licence;

1.24 all external signage being subject to a separate application forplanning approval and a sign licence;

1.25 the proposed development being designed and constructed insuch a manner so that existing and possible future noiselevels associated with the surrounding commercial uses andinner city environment, that could potentially affect theoccupiers of the residential units and serviced apartments,can be successfully attenuated, with the details of suchattenuation being submitted for approval prior to the issue ofthe relevant building licence;





1.26.4 impact on traffic movement other matters likely toimpact on the surrounding properties;

2. the applicant be advised that:-

2.1 the tenant carparking bays are required to be licensed by theDepartment for Planning and Infrastructure;

2.2 with regard to the potential for noise and disturbances, innercity living should be considered in terms of context of itslocation. The proximity of existing uses or potential useswhich may impact on the amenity of the residentialenvironment and requirements of the City and otherorganisations to provide services on a 24 hours basis, suchas rubbish collection and works in the street, need to be takeninto account by developers, landowners and potentialoccupants;

(Cont’d)



2.3 there is insufficient on street parking available within the

locality to enable the issuing of any residential or visitorparking permits to the occupants of the proposeddevelopment;

2.4 the Council will need to be furnished with written confirmation

that potential occupants of the proposed development will benotified of 2.3 and 2.4 above.

Discussion ensued

Motion to defer

Moved by Cr Davidson, seconded by Cr Tudori

That the item relating to 580 - 602 (Lot 32) Hay Street, Perth – RevisedPlans For 136 Multiple Dwellings and a 204 Room Hotel Located AboveThe Existing Cinema and Retail Development, be deferred.

The motion to defer was put and lost


For: The Lord Mayor, Crs Davidson and Tudori

Against: Crs McEvoy, Scaffidi, Sutherland, Stroud and Tan



For: Crs McEvoy, Scaffidi, Sutherland, Stroud and Tan

Against: The Lord Mayor, Crs Davidson and Tudori

In accordance with Regulation 11(d) of the Local Government (Administration)Regulations 1996 the reason for the decision made being significantly differentto that recommended is that the overshadowing does not seem to be aproblem and this development will inject vitality into the City’s west end. Therewill also be a substantial package of community benefits as part of thedevelopment.



14/02 6-8 (LOT 1 AND PT LOT 15) MOUNTS BAY ROAD,CRAWLEY - MODIFICATIONS TO 11 LEVEL BUILDINGCONTAINING 12 MULTIPLE DWELLINGS AND BASEMENTCAR PARKING

BACKGROUND:

SUBURB/LOCATION: Corner of Mounts Bay Road and Kings ParkAvenue, Crawley

DA/BA REFERENCE: 01/353FILE REFERENCE: P1007457RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 27 August 2001

LANDOWNER: Ms M A Nattrass, Ms F M Lidbury, Ms F E Lee-Steere, Mr T V B Nattrass, Mr R H Nattrass, Mrs JM Nattrass and Wimpole Nominees

APPLICANT: Oldfield Knott Architects Pty LtdZONING: (MRS Zone) Urban

(City Planning Scheme Zone) Residential R60APPROXIMATE COST: $6,000,000SITE HISTORY: The site is comprised of two lots and has a total

area of 2456m2. Each lot contains a single house.Neither of the houses are listed on the Council’sdraft Municipal Heritage Inventory.

On 26 April 2000 an application for an 11 storeyresidential building containing ten multipledwellings was submitted to the Council. Theapplication was identical to the proposal that hadpreviously been approved by the Council at itsmeetings held on 21 October 1991, 20 September1993, and 10 October 1995. At its meeting heldon 23 May 2000, the Council refused theapplication.

The Council at its meeting held on 25 July 2000refused an application for a revised design for an11 level residential building containing 11 units andbasement parking for 31 vehicles.

The applicant lodged an appeal against both of theCouncil’s refusal decisions with the Town PlanningAppeal Tribunal. The Tribunal upheld the appealfor the second of the applications on 19 January2001, the first appeal being withdrawn by theappellant. The approval is valid until 19 January2003.



The Council at its meeting held on 25 September2001 granted approval to an application formodifications to the approved plans for theresidential building on the subject site. Themodifications included the following:

• increasing the number of dwellings from 11 tofourteen;

• redesigning the basement car park toaccommodate 28 resident bays and 12 visitorbays;

• the addition of a swimming pool in the south-west corner of the landscaped front garden;

• the addition of a 3m x 3.5m balcony (“breakfastterrace”) to each level on the eastern sideelevation.

DETAILS:

Approval is being sought for modifications to the approved plans for an 11 levelresidential building at 6-8 Mounts Bay Road, Crawley. The modifications consist ofthe following: • reducing the number of multiple dwellings from 14 to 12 by converting Levels 2

and 3 from two 122m2 apartments per floor to one 253m2 apartment per floor;• redesigning the basement car park to accommodate 27 resident bays and 10

visitor bays, with 12 storerooms, wine cellar facilities and a lift lobby.• the lift shaft has been repositioned 1.9 metres to the east in response to structural

and internal modifications;• the ground floor lobby has been modified to reflect the repositioning of the lift shaft

and other design development items;• the swimming pool has been removed from the roof level and the roof layout has

been modified to provide a communal roof garden, gym and spa;• the removal of windows to the kitchen/breakfast areas, reducing overlooking to the

rear of the site. As previously approved, the building will be set in extensive landscaped grounds.Vehicle access to the basement parking is to be gained via a crossover from KingsPark Avenue. A separate driveway from Kings Park Avenue will provide access tothe apartment entrance and two visitor parking bays.


Legislation: City Planning Scheme Clause: 61 The Crawley Precinct is a special precinct within the Residential zone.




The proposal has been designed to comply with the provisions of Clause 61“Crawley Precinct” of the Scheme and with the relevant R60 requirements of theResidential Planning Codes.

DevelopmentStandard

Proposed Required - Scheme1985 & R Codes

Required -Scheme No. 2

Maximum PlotRatio

1.0:1 1.0:1 0.77:1

Maximum BuildingHeight

39 metres 39 metres 15 - 30 metres

Maximum DwellingDensity (R60)

12 14 14

Setbacks - Front - Side (west) - Side (east) - Rear (north)

13.9 metres 6 metres

12.43 metres 17 metres

(previouslyapproved)

6 metres 6 metres

1.5 metres 27.5 metres (av)

6 metres 6 metres

1.5 metres 27.5 metres (av)

Car Parking 39 bays 36 bays 36 bays

Open Space 80% 50% (min) 50% (min)

Stores 4m2 per dwelling 4m2 per dwelling 4m2 per dwelling

Draft City Planning Scheme: The site will be located within the Matilda Bay Precinct (P9) of the draft City PlanningScheme. In the Crawley residential area, high quality multiple dwellings set withinspacious gardens will continue to be the predominant form of housing. Developmentwill generally be in accordance with the Residential Planning Codes (R60), however,the draft provisions will restrict buildings to a maximum plot ratio of 0.77 and agraduated building height from 15 metres AHD at the Mounts Bay Road frontage upto a height of 30 metres above natural ground level. The previously approveddevelopment contravenes the plot ratio and building height provisions.

COMMENTS: Dwelling Density and Car Parking: A maximum of 14 apartments are permitted on the site. The reduction in the numberof apartments to 12 complies with the permitted R60 density.



As required under the Scheme, 12 of the car bays on the site are to be set aside forvisitor parking. The remaining 27 bays will be allocated to the residents,representing a three car bay surplus over the Scheme minimum requirement of 24resident bays. The surplus bays will assist in reducing the demand for on streetparking in the Precinct. The basement will have a nil setback to the rear and side boundaries, as previouslyapproved. The impact that the construction of the basement might have upon thestructural integrity of the adjoining properties must be considered. The applicant canbe required to address this issue as a condition of any planning approval, to ensurethe adjacent sites are adequately retained throughout construction. It will also be necessary to ensure that the basement is designed to be of sufficientdepth to enable the landscaping, as indicated on the landscaping plan approved bythe Town Planning Appeal Tribunal, to be established and maintained over the roofslab of the basement. This can be demonstrated at working drawing stage. Plot Ratio: The modifications to the plans have resulted in a slight increase in the proposed plotratio. As the previous plans for the apartments had a plot ratio of 0.98:1, the minorchanges, resulting from the inclusion of the lobby areas on Levels 2 and 3, will notexceed the permitted maximum plot ratio of 1.0:1. The plot ratio is consistent withthe current Scheme and is within the maximum 1.0:1 plot ratio imposed as acondition of approval by the Town Planning Appeals Tribunal. Lift Shaft: The repositioning of the 9.6 metre wide lift shaft, 1.9 metres to the east, will not affectthe approved building setbacks, the building height or the extent of the previouslyapproved building envelope. The modification will not significantly affect theappearance of the development or have a significant affect upon the loss of view thatwill occur to the properties located behind the development. On this basis, thismodification can be supported. Rear Setback: The Council, at its meeting held on 25 September 2001, supported a relaxation ofthe rear setback requirement when it granted approval for the addition of the easternside balconies. It was considered that the side balconies will still allow viewsbetween each level and that they do not add to the perceived mass of the building tothe extent that an enclosed addition (or screened balcony) would do. Privacy Screen: The design of the apartments includes a privacy screen on the south-west elevationto restrict overlooking of the adjoining property (the ‘Quarterdeck” apartments) fromthe master bedroom and front balcony of each apartment. The privacy screen is 3.6



metres wide and extends almost the full height of the building (37 metres). Thescreen was incorporated into the design in response to a condition imposed by theCouncil when the development of the site was approved in 1991, 1993 and 1995.The condition read:

(e) the screening of the side section of balconies facing Mounts Bay Road tothe Council's satisfaction at working drawing stage;

The requirement for the screen does not appear to have been in response to anyobjections received from adjoining neighbours, but only due to the possibility that“the sides of these balconies facing west may present an opportunity for overlookingof adjoining properties”. The curved master bedroom windows and balconies takeadvantage of the river views and are not designed to steer views into theneighbouring property. The Council does not usually require screening to frontfacing windows and balconies as the area that they overlook is generally within the‘public domain’, visible from the street and other adjacent developments. Although the design of the screen has not previously been raised as an issue, it isconsidered that the screen would detract from the appearance of the building andwould have a negative impact upon the adjoining properties by way of increasing theperceived bulk of the building and restricting the extent of views from theneighbouring apartments. For these reasons it is considered that the screens shouldbe deleted. Conclusion: The modifications to the approved plans are relatively minor in nature, modifying thelift shaft position, the internal layout of the basement and levels 2 and 3, and theroof-top facilities. It is recommended that the application be supported, subject tothe conditions previously imposed on the development along with the deletion of theprivacy screen.

(The Lord Mayor disclosed an interest, took no part in discussion and did notvote on this item)

Member Nature of InterestThe Lord Mayor Part Owner

The Lord Mayor departed the Chamber at 6.47pm and the Deputy Lord Mayor,Cr McEvoy, assumed the Chair

Cr MacGill returned to the Chamber at 6.48pm



Moved by Cr Sutherland, seconded by Cr Tudori

That in accordance with the provisions of the City Planning Scheme andthe Metropolitan Region Scheme the Council APPROVES BY ABSOLUTEMAJORITY the application for modifications to the approved plans for an11 level building containing 12 multiple dwellings and a basement carpark at 6-8 (Lot 1 and Part Lot 15) Mounts Bay Road, Crawley, as detailedon the Metropolitan Region Scheme Form One dated 21 December 2001,and as shown on the plans received 31 December 2001, and elevationsreceived 2 January 2002, subject to:-

1. the plot ratio not exceeding 1.0:1 in accordance with Clause 61 ofthe City Planning Scheme;

2. the building not exceeding 39.0 metres in height above the naturalground level, in accordance with Clause 61 of the City PlanningScheme;

3. the deletion of the privacy screen on the south-western elevation;

4. the lots being amalgamated into one lot on one Certificate of Title;

5. the basement being designed to be of sufficient depth to enable thelandscaping, as indicated on the landscaping plan approved by theTown Planning Appeal Tribunal, to be established and maintainedover the roof slab of the basement;

6. no stormwater being discharged onto the Mounts Bay Road roadreserve;

7. the street corner of the site being truncated to the requiredtruncation of 3 metres by 3 metres;

8. the submission of a construction management plan for theproposal detailing how it is proposed to manage:-

8.1 the delivery of materials and equipment to the site;8.2 the storage of materials and equipment on the site;8.3 the parking arrangements for the contractors and

subcontractors;8.4 the retaining of the adjacent properties during the construction

of the basement;8.5 other matters likely to impact on the surrounding residents.



Motion to defer

Moved by Cr Tan

That the item relating to 6-8 (Lot 1 And Pt Lot 15) Mounts Bay Road,Crawley - Modifications To 11 Level Building Containing 12 MultipleDwellings and Basement Car Parking, be deferred.

The motion lapsed for the want of a seconder



For: Crs McEvoy, MacGill, Scaffidi, Sutherland, Tan and Tudori

Against: Crs Davidson and Stroud

The Lord Mayor returned to the Chamber at 6.57pm and resumed the Chair

15/02 448 (LOT 1) MURRAY STREET, PERTH - DEMOLITION OFEXISTING BUILDING AND CONSTRUCTION OF A SEVENSTOREY BUILDING WITH RESIDENTIAL, HOME OFFICE,RETAIL AND CAR PARKING

BACKGROUND:

SUBURB/LOCATION: Murray Street, Perth DA/BA REFERENCE: 01/508 FILE REFERENCE: P1008159 RESPONSIBLE DIRECTOR: Garry Dunne, Director Service Units DATE: 28 December 2001 LANDOWNER: Sera Holdings Pty Ltd APPLICANT: Total Vision Design ZONING: (MRS Zone): Central City Area (City Planning Scheme Zone): Shopping CS APPROXIMATE COST: $3.4 million SITE HISTORY: On 9 October 2001, the Council approved an

application for the demolition of the existingbuilding and for the construction of a six storeyresidential building containing 27 live/work units,



two penthouses, two retail tenancies on the groundlevel, with two levels of basement parking, subjectto a number of conditions. The current application proposes minormodifications to the previous approval. The existing building is not listed on the City’sMunicipal Heritage Inventory.

DETAILS:

Approval is sought for the demolition of the existing building on site and for theconstruction of a seven storey residential building containing 24 live/work units, twopenthouses, two retail and two commercial tenancies on the ground level, with twolevels of parking (one at basement level and the other on the first floor level) on thesubject site. The residential units will each contain a bedroom with a home office,allowing the units to be used as live/work units. The live/work units will not be usedexclusively for office purposes and this will be incorporated into the strata by-law andimplemented by the strata body corporate. The proposal is summarised as follows:

Land Use No. of Rooms/ Floor Space

Total

Basement and FirstFloor Parking

• 1 tenant bay• 24 bays for single bed dwellings;• 2 bays for two penthouses

27 parking bays

Residential

• 24 residential/(live/work) units• 2 penthouses;

26 apartments

Retail/Commercial

Two retail and two commercialtenancies including restaurant/cafe

280 sq.m


Policy Policy Name and Number: Perth Parking Policy The proposal is affected by the Perth Parking Policy which specifies a maximumtenant parking allowance of 150 bays per hectare for this site. Based on thedesirable allowance for at grade access, a total of 9 tenant bays are permitted for theproposed retail and commercial tenancies. One tenant bay is provided.



The Department of Transport has advised the City that it has no objection to theapplication as proposed in terms of car parking provision subject to: • a management plan detailing the tenant parking being submitted and approved;• a condition of approval being imposed on the proposed development requiring a

management strategy on the land-use being on an on-going basis.


Shops and an eating house are permitted (P) uses in the Shopping CS zone, whilehome occupations and residential uses are discretionary (AA) uses. Thedevelopment’s compliance with the Scheme standards are summarised as follows: DevelopmentStandard

Proposed Required/Permitted

Building Height - Murray Street

21m high on streetboundary and within a 2:1graduating height limit.

40m on street boundary with a2:1 graduating plane

Plot Ratio 3.47:1 (2151 sq.m)

Commercial 5.0:1

(3095 sq.m)

Residential 1.5:1

(928 sq.m) Car Parking 1 tenant bay

26 residential bays

Perth ParkingPolicy

9 tenant bays

CPS 12 bays

ResidentialDensity

Residential R420 (26 units)

Residential R160 (9 units)

City Planning Scheme No. 2:

The subject site falls within the City Centre area of the CitiPlace Precinct (P.5). Theintent of this Precinct is to offer a wide range of general and specialised retail usesas well as a mix of other uses such as specialty shops, service industry, residentialand minor office. Uses at street and pedestrian level will mainly be shops,restaurants (including café), and other uses that have attractive shop fronts andprovide activity, interest and direct customer service at street level. The proposal is consistent with the objectives and standards of the CitiPlacePrecinct. City Planning Scheme No. 2 was adopted by the Council on 26 June 2001and has been forwarded to the Western Australian Planning Commission for theapproval of the Minister for Planning.

COMMENTS:

Plot Ratio: The plans indicates that the plot ratio for the proposed development will not exceedthe maximum permitted plot ratio of 5.0:1 for commercial development. If thebuilding was used for commercial purposes, the development would comply with the



Scheme provisions in relation to plot ratio, however, the plot ratio of the residentialcomponent of the proposed development should not exceed 1.5:1. The currentproposal indicates that the plot ratio for the proposed residential portion will be 2.9:1and the entire development will have a plot ratio of 3.47:1 compared to the previousapproval of 3.53:1. The Council has previously accepted that the discrepancy between commercial andresidential plot ratios in the central city area is a disincentive to the provision of innercity housing and may result in a mixture of built forms that is not appropriate in theCBD setting. Consequently, variations to residential plot ratios have consistentlybeen granted under clause 48 of the Scheme so that they conform to the commercialplot ratio. The discrepancy between commercial plot ratio and residential plot ratio inthe City Centre will be removed once the City Planning Scheme No. 2 is gazetted.On this basis, it is considered the proposed variation to residential plot ratio can besupported as the development is well within the 5:1 maximum plot ratio. Housing Density: Clause 111 of the Scheme states that dwellings in the Shopping CS zone may beincorporated in a development if the proposed dwelling density does not exceed theequivalent of R160. This would permit a maximum of 9 units on the 619m2 site. Theproposed density is equivalent to R420 compared with the previous approval ofR476. The number of units does not necessarily affect the built form and, therefore,would not have a direct impact upon adjoining properties. The Residential PlanningCodes are recognised as being inappropriate in terms of inner city residentialdevelopment. The draft Scheme does not require central city residentialdevelopment to comply with the R Code provisions, such as density, in order tofacilitate residential development in the central city. Giving due consideration tothese matters it is considered that the variation to the housing density should besupported under clause 48 of the Scheme. Car Parking: The Perth Parking Policy requires residential parking to be provided in accordancewith the Scheme, which does not make a distinction between residential andcommercial car parking uses in the Central Area. There is no requirement forparking to be provided for residential developments in the Central City other than in aResidential Zone. There is, however, a maximum car parking rate per hectarespecified in the Scheme with respect to the area in which the land is located. A totalof 12 bays is permitted for the subject site. The Council has in the past exerciseddiscretion under Clause 48 of the Scheme to permit a car bay to be allocated foreach residential unit. As the application proposes one car bay for each apartment itis considered that the proposal can be supported. The applicant has previously indicated that the management of the car parking wouldbe included in the disclosure statement provided to prospective purchasers. It isconsidered appropriate to impose a condition on the car parking restricting tenantparking to a maximum of 9 bays in accordance with the requirements of the PerthParking Policy.



Conclusion: The development is aimed at a specific market niche, where occupiers will have theability to use any of the 24 live/work units as a residence, with a home office suite.Consistent with the previous approval, the 24 live/work units would not be usedexclusively for office purposes as this would be incorporated into the strata by-lawand be implemented by the strata body corporate. The proposed residential plot ratio and density variations can be justified andsupported, as discussed above, and therefore, conditional approval isrecommended.


That:- 1. in accordance with the provisions of the City Planning Scheme and

the Metropolitan Region Scheme, the Council APPROVES BY ANABSOLUTE MAJORITY the application submitted by Total VisionDesign for the demolition of the existing building and for thedevelopment of a seven storey building containing 26 residentialunits, two retail and two commercial tenancies, with basement andfirst floor level car parking for 27 vehicles at 448 (Lot 1) MurrayStreet, Perth, as indicated on the Metropolitan Region SchemeForm One dated 21 November 2001, and as shown on plansreceived 21 November 2001, subject to:-

1.1 the 24 residential units being used for long term residential

accommodation, and being able to incorporate the use of ahome office within the unit;

1.2 a maximum of 9 car bays being allocated and used for non-residential purposes (ground floor retail and commercialtenancies) with the remaining 18 bays being for the exclusiveuse of the residents of the building in order to comply withthe tenant parking provisions of the Perth Parking Policy, andthe applicant submitting written details demonstrating howthis requirement is to be implemented and enforced on an on-going basis, for approval prior to the issue of the relevantbuilding licence;

(Cont’d)



1.3 additional details of the design and finishes for the proposedbuilding, including particular attention to the street elevationof the building, being submitted and approved, prior to theissue of the relevant building licence;

1.4 an archival record of the existing building on the site being

prepared in accordance with the guidelines of the HeritageCouncil of Western Australia and submitted to the Council forapproval, prior to the issue of a demolition licence;

1.5 any proposed external building plant, including air

conditioner units and water tanks, being located so as tominimise any visual and noise impact on surroundingproperties, with details of the location of such plant beingsubmitted for approval prior to the issue of the relevantbuilding licence;

1.6 signage for the commercial tenancies being subject to a

separate application for a sign licence;

1.7 the proposed development being designed and constructedin such a manner so that existing and possible future noiselevels associated with the surrounding commercial uses, andwith the mixed nature of uses within the building that couldpotentially affect future occupiers, can be successfullyattenuated with the details of such attenuation beingsubmitted for approval prior to the issue of the relevantbuilding licence;

1.8 the submission of a construction management plan for the

proposal detailing how it is proposed to manage:- 1.8.1 the delivery of materials and equipment to the site;



1.8.4 other matters likely to impact on the surroundingproperties;

(Cont’d)



1.9 the dimension of all car parking bays, aisle widths andcirculation areas complying with the Australian Standards AS2890.1;


2.1 with regard to the potential for noise and disturbances, innercity living should be considered in terms of context of itslocation. The proximity of existing uses or potential useswhich may impact on the amenity of the residentialenvironment and requirements of the City and otherorganisations to provide services on a 24 hours basis, suchas rubbish collection and works in the street, need to betaken into account by developers, landowners and potentialoccupants;

2.2 there is insufficient on street parking available within the

locality to enable the issuing of any residential or visitorparking permits to the occupants of the proposeddevelopment;

2.3 the Council will need to be furnished with written

confirmation that potential occupants of the proposeddevelopment will be notified of parts 2.1 and 2.2 above.




Against: Nil

The Lord Mayor introduced guests from the Taxi Council of WA.



16/02 39 (PT LOT 403) NELSON CRESCENT, EAST PERTH -APPLICATION FOR NEW PLAYERS PAVILION, SOUTHPERIMETER SEATING AND PAVILION BUILDINGS (STAGE1B WACA REDEVELOPMENT)

BACKGROUND:

SUBURB/LOCATION: East Perth DA/BA REFERENCE: 02/03 FILE REFERENCE: P1000558-2 RESPONSIBLE DIRECTOR: Garry Dunne, Director Service Units DATE: 4 January 2002 LANDOWNER: Western Australian Cricket Association APPLICANT: James Christou and Partners, Architects ZONING: The subject property is located within the

Redevelopment Area of the East PerthRedevelopment Authority and is not zoned underthe City Planning Scheme or Metropolitan RegionScheme.

APPROXIMATE COST: $1,150,000 SITE HISTORY: The Western Australian Cricket Association

(WACA) Ground has operated as a multipurposestadium, staging events for over 20 sports. Anumber of spectator stands and facilitiessurrounding the sporting field have been developedover the years. The WACA ground is listed on theCouncil’s adopted Municipal Heritage Inventory. The Council, at its meeting held on 9 October2001, supported an application referred to the Cityby EPRA for the demolition of the Farley Stand, thePlayers Stand, temporary corporate boxes andassociated structures at the WACA Ground. The Council, at its meeting held on 23 October2001, supported an application referred to the Cityby EPRA for Stage 1 of the redevelopment of theWACA Ground. The works included a newfunction centre, alterations to the Prindiville Standand the Inverarity Stand, minor upgrades to theBankwest Lillee Marsh Stand, replacement of thenorth perimeter seating with wider terraced seating,and perimeter seating to the east and west beingreplaced with grassed banks.



DETAILS:

An application for Stage 1B of the redevelopment of the Western Australian CricketAssociation (WACA) Ground has been referred to the Council by the East PerthRedevelopment Authority (EPRA) for comment. A master plan has been developedby the WACA for the long term redevelopment of the Ground. Stage 1B comprisesthe following proposed works: South-east players pavilion and clock - it is proposed to construct a single storeypavilion east of the existing Bankwest Lillee Marsh Stand that will house playerschange facilities, lounge areas and viewing areas. The pavilion will incorporate an18.5 metre high clock tower to reinforce the village/civic vision for the redevelopedground while also providing a unique element which will become an icon image. The existing retail concessions and toilets located behind the proposed playerspavilion will be removed or relocated to provide parking for 47 cars. South-west pavilion and shade structure - this proposed open sided pavilion will beconstructed to the west of the existing Bankwest Lillee Marsh Stand. The pavilionwill form an enclosure to the ground with a series of fabric roofs providing shade tothe seating areas. Southern raked perimeter seating - the existing seating will be re-raked (re-graded)to improve sight lines and the aesthetics of the ground. Together with the raked eastand west banks and the north seating, it will create a new experience for players andspectators. North pavilion - the demolition of the northern stands, considered by the Council atits meeting held on 9 October 2001, will make way for a new pavilion withsegmented roof forms and fabric roofs providing shading for the seating areas. Itwas originally proposed that a new stand would be built in this location, incorporatinga function centre and 94 undercroft car bays, however, geotechnical constraints atthe site will not support the previously proposed structure and, consequently, in thiscurrent proposal the function centre and stand has been replaced by a newconcourse and covered pavilion with a landscaped “temporary” parking area for 38cars to the rear of the pavilion. Each of the three new pavilions will have a gabled, colorbond roof with flag polesfeatured along the roof ridge. Bankwest Lillee Marsh Stand - Further internal modifications and improvements areproposed to this existing structure, none of which will have an impact upon theappearance of the Ground as viewed from within the Ground or from Hay Street. Landscaping - Stage 1 and 1B of the redevelopment will focus on the constructionand shading of the grass embankments, however, landscaping to the carparks andentries will also be addressed. A planting theme utilising a combination of deciduousand evergreen shade trees to new parking areas and pedestrian entry points,together with the retention of as many of the existing trees as possible, will create a



more shady and pleasant environment around the ground. The grass embankmentswill be treated to minimise the maintenance and watering requirements.


Legislation: Heritage of Western Australia Act 1990 Section: 45(3) A local government shall compile and maintain an inventory of buildings within itsdistrict which in its opinion are, or may become, of cultural heritage significance. The WACA ground is listed on the Council’s adopted Municipal Heritage Inventory.


In accordance with section 38 of the East Perth Redevelopment Act 1991, the CityPlanning Scheme has been revoked in relation to the East Perth RedevelopmentArea and, consequently, the provisions of the City Planning Scheme do not apply tothis area.

COMMENTS: Stage 1B Works: The WACA venue requires modernisation to provide new facilities and a uniqueimage to ensure its long term viability. It is intended that the Ground be retained as amultipurpose venue to accommodate a broad range of events, without compromisingthe needs or interests of cricket. The applicants have stated that the new southern pavilions will create a more friendlyimage to the Ground and will assist with the definition of the ground and with visuallyreducing the impact of the more dominant Bankwest Lillee Marsh Stand. Whenviewed from Hay Street the new pavilions will appear as relatively transparentstructures, with the distinctive “icon” clock tower. Similarly, the new northern pavilionwill reduce the visual impact of the Prindiville Stand and its transparency andlandscaping to the north will help integrate the Ground and the Nelson CrescentPrecinct. The objective is to provide a more cohesive image between the existingvariety of architectural styles. It is estimated that these new facilities could becompleted by November 2002. Details of the proposed landscaping have not been provided, however the applicanthas advised that a Landscape Architect has been engaged to prepare designs.These details can be addressed as a condition of any approval. Access to portions of the site will require negotiation between the applicant and theadjoining Trinity College. A construction management plan should be required as acondition of any approval with particular consideration being given to ways of



minimising disturbance (noise, dust, vibration) to the surrounding properties, andparticularly to Trinity College. Heritage Significance: The WACA Ground is not listed in the Fifth Schedule of the Scheme relating toheritage places, however it is listed in the Council’s adopted Municipal HeritageInventory, as it is considered to be a place of exceptional local significance. It is considered that the proposed modifications and new facilities will not impactupon the heritage value of the place. Conclusion: The Stage 1B works, together with the improvements previously supported as part ofthe Stage 1 application, will provide upgraded spectator and player facilities toenhance the use and appearance of the Ground. Further improvements to theexternal presentation of the facilities will be addressed in later stages of theredevelopment. The Stage 1B works will not impact upon EPRA’s Eastern Gatewaymasterplan proposals. On the basis that the extent of the proposed works will nothave a significant or adverse impact upon the surrounding area, it is recommendedthat the application be supported. Moved by Cr Sutherland, seconded by Cr McEvoy

That the East Perth Redevelopment Authority be advised that the Councilhas no objection to Stage 1B of the proposed redevelopment of theWestern Australian Cricket Association (WACA) Ground at 39 NelsonCrescent, East Perth, in accordance with the application referred to theCouncil on 3 January 2002, subject to:- 1. a detailed landscaping plan being submitted for approval prior to

the issue of the relevant building licence;

2. all car bays, aisle widths and circulation areas complying withAustralian Standard 2890.1;

3 the submission of a construction management plan for theproposed Stage 1B works detailing how it is proposed to manage:-

3.1 the delivery of materials and equipment to the site;

3.2 the storage of materials and equipment on the site;

(Cont’d)



3.3 the parking arrangements for the contractors andsubcontractors;

3.4 ways of minimising disturbance (noise, dust, vibration) to thesurrounding properties, and particularly Trinity College;

3.5 other matters likely to impact on the surrounding properties.

The motion was put and carried



Against: Nil

17/02 2 ST GEORGES TERRACE, PERTH - PROPOSEDEXTENSION TO PENTHOUSE SUITE ON THE NINTHFLOOR OF THE VICTORIA APARTMENT BUILDING

BACKGROUND:

SUBURB/LOCATION: St Georges Terrace, corner Victoria Avenue, Perth DA/BA REFERENCE: 01/513 FILE REFERENCE: P1015414 RESPONSIBLE DIRECTOR: Garry Dunne, Director Service Units DATE: 2 January 2002 LANDOWNER: First Trade Consulting Pty Ltd APPLICANT: MacCormac Architects ZONING: (MRS Zone): Central City Area (City Planning Scheme Zone): Office CO APPROXIMATE COST: $40,000 SITE HISTORY: On 15 December 1999, the Council approved an

application for the conversion of an existing ninelevel office building at the subject site into 116residential apartments, 2 levels of parking andground floor retail uses. On 14 August 2001, the Council further approvedan application to convert an existing caretaker’s



residence located on the ninth floor of the buildinginto a penthouse apartment subject to the plot rationot exceeding 3.96:1. A building licence was issued for stage two of thedevelopment on 10 April 2001 and works arenearing completion.

DETAILS:

Approval is now sought to extend the penthouse suite by 40 square metres which willentail increasing the bedroom and living room areas and an additional ensuite.Access to the penthouse apartment will be via the existing stairs as the lift will notextend to this roof top level.


Policy Policy Name and Number: Perth Parking Policy The Perth Parking Policy specifies a maximum tenant parking allowance of 200 baysper hectare for this site which allows 41 tenant car bays for the subject site. Theapplication proposes no tenant bays and 108 residential bays which are not requiredto be licensed under the Perth Parking Policy.


The penthouse suite (“multiple dwelling”) is classified as an ‘AA’ use (requiringCouncil approval). The use is consistent with Council’s objectives for this part of theCity. The proposed development will not affect the approved dwelling density, building,height or car parking. The additional 40 square metres will increase plot ratio, asindicated below.

DevelopmentStandard

Proposed Permitted PreviouslyApproved

Plot Ratio - Residential - Commercial Total

3.55:1

0.44:1

3.99:1

1.5:1

5.0:1

5.0:1

3.52:1

0.44:1

3.96:1

Draft City Planning Scheme: The subject site falls within the City Centre area of the Civic Precinct (P.7). Theintent of this precinct is to maintain its present function as the focal point of the City’s



open space and parkland system, an area of heritage interest and the principalcentre for civic and judicial activities. The proposal is consistent with the objectives and standards of the Civic Precinctother than the height requirement. City Planning Scheme No. 2 was adopted by theCouncil on 26 June 2001 and forwarded to the Western Australian PlanningCommission for the approval of the Minister for Planning.

COMMENTS: The design and scale of the proposed minor extension would not have a negativeimpact on the amenity of the locality and is in keeping with the City Planning Schemeobjectives for the locality. The Council’s discretion is required under Clause 48 ofthe Scheme to approve the proposed variations to the plot ratio requirement. Plot Ratio: Under the City Planning Scheme, a maximum plot ratio of 5:1 is permitted forcommercial development on the subject site, however residential development islimited to a plot ratio of 1.5:1. The previous approval supported residentialdevelopment with a plot ratio of 3.52:1 and an overall plot ratio of 3.96:1. The proposed new plot ratio figure for the residential development is 3.55:1, equatingto an additional 40 square metres of floor area. This minor extension to the existingpenthouse suite is considered to be acceptable as the additional building bulk wouldnot be visible from the pedestrian level as the structure is set well back from the roofline (over 7.5 metres from St Georges Terrace). Furthermore, the new total plot ratiofigure of 3.99:1 (an increase of 0.03:1) is still well below the commercial plot ratiolimit of 5:1. It has previously been accepted by the Council that a plot ratio of 1.5:1 for residentialbuildings is a disincentive for the development of inner city accommodation,particularly as the resulting built form will have no greater impact on the locality thana comparable commercial development. This is reflected in the draft Schemeprovisions where there is no differentiation between the plot ratio requirements forresidential and non-residential development in the Civic Precinct (P. 7). Therefore,provided the plot ratio is restricted to 5.0:1, the variation can be supported under theprovisions of clause 48 of the Scheme. Conclusion: It is considered that the proposal to extend the existing penthouse suite on the ninthfloor of the Victoria Apartment building by an additional 40 square metres in area canbe supported.



Moved by Cr Scaffidi, seconded by Cr McEvoy

That in accordance with the provisions of the City Planning Scheme andthe Metropolitan Region Scheme, the Council APPROVES BY ANABSOLUTE MAJORITY the application to extend the existing penthousesuite located on the ninth floor of the Victoria Apartment building at 2(Lot 16) St George’s Terrace, corner Victoria Avenue, Perth, as shown onthe Metropolitan Region Scheme Form One dated 20 November 2001 andon the plans received on 23 November 2001, subject to the:- 1. development not exceeding a plot ratio of 3.99:1;

2. proposed materials and finishes of the external surface of theproposed apartment being consistent with the previously approveddevelopment, with details of the materials and colours beingsubmitted for approval prior to the issue of the relevant buildinglicence.




Against: Nil

18/02 22 ST GEORGES TERRACE, PERTH - PROPOSED 15STOREY ADDITIONS TO THE EXISTING OAKLEIGHBUILDING CONTAINING 90 RESIDENTIAL APARTMENTSAND 180 RESIDENTIAL CAR BAYS

BACKGROUND:

SUBURB/LOCATION: St Georges Terrace, Perth DA/BA REFERENCE: 01/553 FILE REFERENCE: P1013888 RESPONSIBLE DIRECTOR: Garry Dunne, Director Service Units DATE: 31 December 2001 LANDOWNER: Tarmon Pty Ltd APPLICANT: MacCormac Architects ZONING: (MRS Zone): Central City Area



(City Planning Scheme Zone): Office CO andGeneral Commercial CC

APPROXIMATE COST: $25 million SITE HISTORY: The site contains a vacant nine level office building

known as the Oakleigh Building. The subjectproperty extends from St Georges Terrace to HayStreet and has a land area of 3352 square metres.The Hay Street section of the site is vacant. On 27 November 2001, the Council approved anapplication for a change of use from office toresidential and for a 15 storey addition to theexisting building containing 145 apartments withresident’s gymnasium, function room and gallery, acommercial building facing Hay Street and 242residential car bays. The current application proposes minormodifications to the previous approval.

DETAILS:

Approval is sought for the proposed change in use of, and additions to, an existingnine-storey office building. This revised proposal involves the refurbishment of theexisting building fronting St Georges Terrace and the addition of 15 levels to thebuilding, to provide a total of 90 residential apartments with 181 residential parkingbays located in the basement levels between St Georges Terrace and Hay Street.The northern block of the existing building will be demolished. The revised development comprises the following:- St Georges Terrace Car Park Level 3: Residential parking for 59 vehicles will be provided on this level. This level will alsofeature 21 storerooms and plant rooms. Car Park Level 2: This level contains 65 residents’ bays and 21 storerooms. Ground Floor and Car Park Level 1: The ground floor level will contain the entry foyer and lift lobby, a function area andgallery for exclusive use by the residents. The Level 1 car parking area will contain56 residents’ car bays and 24 storerooms and will be accessed from a right ofcarriageway on the western side of the property.



First Floor: This level contains four residential apartments, a resident’s meeting room (95m2),residents’ gymnasium (100m2), a central landscaped courtyard, an enclosed lap pooland a retail tenancy of 459m2 fronting Hay Street. Second Floor: This level contains four apartments with a central lift/lobby area. There are twothree-bedroom units and two two-bedroom units with relatively smaller south facingbalcony. Typical Floors between Floors 3 and 8: The typical floor plan accommodates four units, which are accessed from a centrallift/lobby area. On each level there will be three three-bedroom units and four two-bedroom units. Each unit will have a private balcony. Typical Floors between Floors 9 and 22 (New Structure): The typical floor plan accommodates four units, which are accessed from a centrallift/lobby area. On each level will be three three-bedroom units, two two-bedroomunits. Each unit will have a generous sized private balcony. A residents’ healthclub, together with a large sun deck, previously proposed for level nine has beendeleted from the current application. Penthouse on Floor Level 23 (New Structure): This top floor will contain two penthouse apartments each with four bedrooms and astudy with large private balconies. Each unit will be accessed from a central lift/lobbyarea. Hay Street The application proposes a retail tenancy of 459 square metres (compared with thepreviously approved 150 square metres) on Hay Street with five metre high ceilings.The building will be set back 4.88 metres from the street boundary in order tofacilitate the colonnade requirement for this section of Hay Street.


Policy Policy Name and Number: Perth Parking Policy The Perth Parking Policy specifies a maximum tenant parking allowance of 200 baysper hectare for this site which allows 67 tenant car bays for the subject site. Theapplication proposes no tenant bays and 180 residential bays which are not requiredto be licensed under the Perth Parking Policy.



COMPLIANCE WITH PLANNING SCHEME: The proposed development involves two uses within the subject site. The residentialand the retail uses are both listed as an AA use under the City Planning Scheme,that is a use that is not allowed unless approved by the Council. The proposal has been assessed against the development standards of the CityPlanning Scheme, these being plot ratio, building height, residential density and carparking. The proposal does not comply with the following requirements of the CityPlanning Scheme:

DevelopmentStandard

Proposed Required/Permitted

Building Height – St Georges Terrace

84m high and portions of top twolevels project above thegraduated height limit.

72m on street boundarywith a 2:1 graduatingplane

Plot Ratio Residential: 3.63:1 (12,185m2) Retail: 0.14:1 (459m2) Total: 3.77:1 (12,644m2)

Residential: 1.5:1 Retail: 5.0:1 Total: 5.0:1

Residential Density Residential R270 (90 units) Residential R160 (53 units)

Car Parking 181 residential bays 58 bays

Draft City Planning Scheme: The subject site falls within the City Centre area of the Civic Precinct (P.7). Theintent of this precinct is to maintain its present function as the focal point of the City’sopen space and parkland system, an area of heritage interest and the principalcentre for civic and judicial activities. The proposal is consistent with the objectives and standards of the Civic Precinctother than the height requirement. A portion of the building from the tenth flooronwards will project above the prescribed maximum building height ratio of 1:1 with a45 degree angle proposed under Scheme No. 2. City Planning Scheme No. 2 wasadopted by the Council on 26 June 2001 and forwarded to the Western AustralianPlanning Commission for the approval of the Minister for Planning.

COMMENTS: The design and scale of the proposed development is in keeping with the CityPlanning Scheme objectives for the locality. The Council’s discretion is required to



approve the proposed variation to the dwelling density, plot ratio, building height andcar parking requirements under the provisions of Clause 48 of the Scheme. The plans also indicate an awning, however, no detailed information is supplied,therefore a condition of approval will need to be applied so that the canopy isconstructed in accordance with the City’s Local Law relating to canopies. Building Height The proposal generally complies with the height requirement of the City PlanningScheme other than a minor encroachment above the 60-degree height plane. Theproposal, however, does not meet the 1:1 height ratio prescribed in the draft CityPlanning Scheme No. 2. Under the new Scheme, building height in this section of StGeorges Terrace is limited to 36 metres (or about 12 storeys) compared to thecurrent Scheme standard of 72 metres with a 60 degree height plane. The applicant was previously requested to transfer some of the new floor space tothe Hay Street portion of the site in order to facilitate a low rise building of four or fivestoreys on Hay Street and to reduce the height of the St Georges Terrace building.The applicant declined this suggestion, however they have proposed a five metrehigh building on Hay Street to be used for commercial purposes. It is consideredthat the internal ceiling height of the building should be increased to six metres tofacilitate a two storey building form. It is noted that the previously approved plansproposed a 150m2 retail tenancy, which has been enlarged to 459m2 under thecurrent application. The proposed building height is identical to the previous application approved by theCouncil on 27 November 2001, and is comparable to the 19 storey InternationalHouse building to the west. The three metre building setback together with thecurvature of the proposed transparent balconies would not adversely affect the visualappearance of the area. It is considered that the proposal is acceptable and can besupported. Plot Ratio Under the City Planning Scheme a maximum commercial plot ratio of 5.0:1 applies tothe subject site, however, Clauses 111 and 119 of the Scheme state that dwellingsmay be incorporated in a development in the Shopping and Office zones if the plotratio of the residential component does not exceed a maximum plot ratio of 1.5:1. Ithas previously been accepted by the Council that a plot ratio of 1.5:1 for residentialbuildings is a disincentive for the development of inner city accommodation. This isreflected in the draft Scheme provisions where there is no differentiation between theplot ratio requirements for residential and non-residential development in the CivicPrecinct (P. 7). The plot ratio of the residential component of the proposed development has beenreduced from the previous approved plans from 4.88:1 to 3.63:1. The total plot ratioof the current application is 3.77:1 compared with the previous application of 4.92:1



approved by the Council on 27 November 2001. Therefore, the variation can besupported under the provisions of clause 48 of the Scheme. Dwelling Density The City Planning Scheme restricts the density of residential developments in the OfficeCO zone to the equivalent of the R160 code, however, the Residential Planning Codesare recognised as being inappropriate in terms of inner city residential development.The Council previously supported a density of R434 (145 units) on the site. With theproposed demolition of the northern block of the existing building, the dwelling densityhas been reduced to R270 (90 units) and can, therefore, be supported under Clause 48of the City Planning Scheme. Car Parking: It is proposed to provide 181 car bays for the 90 apartments, which equates to twobays per dwelling. The previous approved plans included 242 residential bays. ThePerth Parking Policy does not contain requirements for residential parking, other thanto state that it should comply with the Scheme standards. The Scheme permits amaximum of 200 bays per hectare in this area, permitting a maximum of 58 bays onthe site. If the R Codes were applied to the application, a minimum of 295 bayswould be required. The Council has previously accepted a least one bay perapartment for inner city residential developments and given that residential parkingdoes not contribute significantly to the morning and evening traffic peaks in the city, itis considered that the proposed car parking variation be accepted under Clause 48of the Scheme. Traffic Impact Assessment Uloth and Associates was previously engaged by the applicant to prepare a trafficimpact assessment and identify any changes in the traffic characteristics of the sitearising from the development, including the anticipated traffic generated by theproject and the potential for vehicular/pedestrian conflict at the access points to/fromthe development. Uloth and Associates concluded that the impact of the development on traffic flowswithin both Hay Street and St Georges Terrace will be acceptable and hasrecommended a series of measures to be implemented such as the designation of a“No Parking” area within the right-of-way and the installation of audible warningdevices at each end of the right-of-way to alert pedestrians. The reduction in on-siteparking will have a lesser impact on traffic than the previous approved development. Right of Carriageway/Right of Way The applicant has provided copies of the Certificate of Title that show the subject sitehas right of carriageway over the adjoining land, limited to a height of 18.21 metres.Concern is raised regarding the intensification of the use of the right-of-way as aresult of the proposed development and the applicant should be advised to confirm



that there is no objection to the use of the right-of-way as a result of the proposeddevelopment. Wind Assessment The applicant has previously engaged Dr. K.T Kavanagh, Department of CivilEngineering (UWA) to assess the impact on the wind environment of the proposed15 storey additions to the existing nine storey office building. Dr Kavanagh concluded that due to the large open set backs on the southern side ofSt Georges Terrace, the proposed development can be expected to have no effect,or extremely minimal effect on winds from the easterly and westerly directions.Winds from the southwest will have some natural re-circulation at ground level due tothe Perth Concert Hall and the Duxton Hotel. This re-circulation will be augmentedby downwash from the upper levels of the new development. The presence ofbalconies and the narrow frontage dimensions will help to reduce that downwash, butthe awning at Level One appears to be ineffectual except to protect pedestrians fromrain. In terms of the pedestrian comfort for winds from all directions, the proposeddevelopment does not appear to have any features which will significantly altercurrent conditions. Conclusion The revised proposal results in reduced plot ratio, dwelling density and car parkingon the site, compared to the application approved by the Council on 27 November2001. The proposed development will contribute to inner city living and will revitalisethe existing vacant building and the adjacent sections of St Georges Terrace andHay Street . The proposal is recommended for approval.


That:- 1. in accordance with the provisions of the City Planning Scheme and

the Metropolitan Region Scheme, the Council APPROVES BY ANABSOLUTE MAJORITY the application submitted by MacCormacArchitects for the proposed 15 storey additions to the existingOakleigh building containing 90 residential apartments, withresidents’ gymnasium, residents’ meeting room, function room andgallery, a single storey commercial building facing Hay Street and180 residential car bays at 22 (Lot A4) St Georges Terrace, Perth asindicated on the Metropolitan Region Scheme Form One dated 13December 2001, and as shown on the plans dated 18 December2001, subject to:-

(Cont’d)



1.1 measures being taken to protect pedestrians at the vehicle

ingress and egress points (that is audible warning device ateach end of the right-of-way when vehicles are entering orleaving the site);

1.2 all 180 bays being used exclusively by the occupiers of theresidential apartments on the site;

1.3 the number and location of car parking bays for people withdisabilities being provided in accordance with AustralianStandards and approved prior to the issue of the relevantbuilding licence;

1.4 the development complying with all current relevant AustralianStandards regarding access and mobility;

1.5 the dimensions of all car parking bays, aisle widths and

circulation areas complying with the Australian Standards;

1.6 each pair of tandem bays being allocated to the same strataresidential apartments;

1.7 the Hay Street retail tenancy being incorporated into theoverall construction program for the entire site to enable thebuilding to be used as a commercial tenancy, prior to the issueof the Certificate of Classification for any building proposedwithin the development;

1.8 a minimum ceiling height of six metres above the Hay Streetfootpath level being provided for the retail tenancy on HayStreet;

1.9 details of the design of the canopy on the St Georges Terracefrontage of the development, being submitted and approvedprior to the issue of the relevant building licence;

1.10 details of the design and finishes of the new buildings beingsubmitted and approved prior to the issue of the relevantbuilding licence;

(Cont’d)



1.11 all external building plant, including air conditioner units andlift over runs, being screened from public view;

1.12 details of the dimensions, location, and screening of allrubbish storage areas being submitted for approval prior to theissue of the relevant building licence;

1.13 the proposed development being designed and constructed insuch a manner so that existing and possible future noiselevels associated with the surrounding commercial uses andinner city environment, that could potentially affect theoccupiers of the residential units and serviced apartments, canbe successfully attenuated, with the details of such attenuationbeing submitted for approval prior to the issue of the relevantbuilding licence;





1.14.4 impact on traffic movement;



2.1 with regard to the potential for noise and disturbances, innercity living should be considered in terms of context of itslocation. The proximity of existing uses or potential useswhich may impact on the amenity of the residentialenvironment and requirements of the City and otherorganisations to provide services on a 24 hours basis, such asrubbish collection and works in the street, need to be takeninto account by developers, landowners and potentialoccupants;

(Cont’d)



2.2 there is insufficient on street parking available within thelocality to enable the issuing of any residential or visitorparking permits to the occupants of the proposeddevelopment;

2.3 the Council will need to be furnished with written confirmationthat potential occupants of the proposed development will benotified of 2.1 and 2.2 above;

2.4 they should confirm with the owners of 26 St Georges Terracethat there is no legal objection to the use of the right-of-way forthe proposed development;

2.5 the recommendations of Uloth and Associates for trafficmanagement within the right-of-way to accommodateadditional traffic flows generated by the proposeddevelopment being implemented.




Against: Nil

19/02 840 (LOT 570) WELLINGTON STREET, WEST PERTH -BRAND DIRECT RETAIL OUTLET CENTRE (STAGE 1) ANDMIXED COMMERCIAL, SHOWROOM/WAREHOUSE ANDOFFICE DEVELOPMENT (STAGE 2)

BACKGROUND:

SUBURB/LOCATION: Corner Wellington Street and Sutherland Street,West Perth

DA/BA REFERENCE: 01/562FILE REFERENCE: P1013611RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 31 December 2001



LANDOWNER: Phoenix Properties International Pty LtdAPPLICANT: Cameron Chisholm and Nicol/Cox Howlett and

Bailey Woodland for Lewing Developments Pty LtdZONING: (MRS Zone) Urban

(City Planning Scheme Zone) General CommercialC3

APPROXIMATE COST: $30,000,000SITE HISTORY: The site has an area of 4.1064ha and is bounded

by Wellington Street, Sutherland Street, theRailway Reserve and the Mitchell Freeway. Theland formed part of the former Metropolitan Marketsite and has remained vacant since the Marketswere relocated.

DETAILS:

Approval is sought for the construction of a two storey mixed use commercialdevelopment on the former Metropolitan Markets site. The first stage of thedevelopment would consist of approximately 22,000m2 of retail floor space, locatedon the western portion of the site, and an 800 bay deck car park on the north-eastportion of the site. The retail space would be used by “brand direct” outlet storeswhere the public can shop at discount prices for goods that are excess stock,seconds or ‘test’ products and the like. The second stage would be for an additional12,000m2 mix of commercial, office, showroom/warehouse and possibly additionalbrand direct outlets fronting Wellington Street with a further 400 car bays. The totaldevelopment will have 34,000m2 of commercial floor space and 1200 car bays.

The buildings will be designed around a pedestrian “streetscape” environment withthe main entrance to the centre being located centrally in a substantial landscapedforecourt. The internal streetscapes will be framed by a series of shop fronts overtwo levels. Alfresco café activity will be interspersed between shops where retailerswill be encouraged to display within the ‘public realm’. The upper level includesinterlinking colonnades, bridges and walkways aimed at providing a defined andinteresting pedestrian route.

The upper deck of the car park will connect directly into the upper level of the retailbuildings, while the ground level car park will have direct access to the ground levelshops. The first 800 car bays associated with stage one of the development will bepublic car parking. The 400 bays to be added at the second stage could includesome tenant car parking, however, details of the allocation of bays has not beenprovided.

There will be three vehicular access points to the site, one from Wellington Streetthat leads to the ramp for the deck car parking and also to a one-way coach and taxidrop-off area. There will be two crossovers from Market Street, the eastern-mostcrossover providing access to the ground level car park, while the western-mostcrossover on Market Street will be dedicated for service vehicles and exiting coachesand taxis.



POLICY/LEGISLATION:

PolicyPolicy Name and Number: Metropolitan Markets Street Block - Planning and

Development Guidelines

The Metropolitan Markets Street Block Guidelines were adopted by the Council on16 February 1987. The Policy re-iterates the provisions of the City Planning Schemeand provides additional guidelines with regard to matters such as building height,landscaping and public accessibility to, and across, the site.

Policy Name and Number: Perth Parking Policy

The Perth Parking Policy indicates desirable and maximum levels of tenant carparking within the city dependant on the road used to gain access to the site and thetype of access to the site. In this instance a maximum of 822 tenant car bays arepermitted on the 4.1064ha site. The application does not include details of theprovision of tenant bays envisaged for the second stage of the development,however, the numbers would not exceed those permitted under the Policy.

In order to manage public parking, the Policy divides the Perth Parking ManagementArea into short term, long term and general parking zones. The site is located withinthe General Parking Zone, where both long-stay and short-stay parking is permitted.A minimum of 800 car bays (maximum of 1200 bays) on the site are proposed forpublic parking. A traffic impact assessment report has been submitted to support theproposed car parking. Details of the management of the car parking, including thecharging of fees, has not been provided.

The Policy also allows Special Purpose bays for the use of service vehicles, disabledparking, taxis, buses and motorbikes. There are no restrictions on the provision ofthese types of bays. The plans include coach/bus and taxi areas with access fromWellington Street.

Policy Name and Number: Statement of Planning Policy No. 9 - MetropolitanCentres Policy Statement for the PerthMetropolitan Region

This Western Australian Planning Commission Policy aims to establish a hierarchy ofwell located retail and commercial centres in the metropolitan region. LocalGovernments are required to refer for determination by the Western AustralianPlanning Commission (WAPC) applications for approval to commence developmentrelating to a building used for shopping or metropolitan centre purposes.

The Perth Central Area is promoted as the dominant centre for retail, commercial,cultural, entertainment and tourist activities within the metropolitan region.Developments outside the Perth Central Area which adversely affect or underminethe Central Area as the focus of primary activities will not be supported.



The WAPC has advised that the proposed development is considered to be a non-designated centre under the Policy and must be referred to them for determinationunder the Metropolitan Region Scheme.


The first stage of the development, consisting of “brand direct’ outlet stores, would bedefined as “shops”, which are a discretionary (‘AA’) use within the GeneralCommercial C3 zone. The second stage will include uses such as showrooms,warehouses and offices, which are all permitted (‘P’) uses in this zone.

The total proposal’s compliance with the City Planning Scheme and the MetropolitanMarkets Street Block - Planning and Development Guidelines is indicated in thefollowing table:

DevelopmentStandard

Proposed Required (Scheme) Required (Policy)

Setbacks- Wellington St- Sutherland St

4.5m4.8m-5.8m

4.5m2.25m

Plot Ratio 0.81:1 (34,000m2) 2:1 (82,128m2) 2:1Building Height 13 metres

(2 storeys)56 metres at

Wellington StreetBoundary

up to 10 storeys

CarparkingStage 1 - 800public bays

Stage 2 - 400public/tenant baysTotal - 1200 bays

Retail (22,000m2) -1466 bays

Showroom/Warehouse(9000m2) - 91 baysOffice (3000m2) - 60

baysTotal - 1617 bays

(Perth Parking Policy)822 tenant bays

(max)General public car

parking

Landscaping Stage 1 -12,860m2

Stage 2 -10,000m2

1005m2 50% of the site -2.0532ha(desirable)


The site is located within the Residential/Commercial Area of the West PerthPrecinct, under the draft City Planning Scheme No. 2. The first stage of thedevelopment, consisting of “brand direct’ outlet stores, would be defined as “Retail(General)” under the draft Scheme, which is a contemplated (‘C’) use within theResidential/Commercial Area. The second stage, which could include a mix ofshowroom, office, commercial and information technology uses, would be defined as“Mixed Commercial”, which is also a contemplated (‘C’) use within this Area.



The Metropolitan Markets Street Block Planning and Development Guidelines applyto the site. The Guidelines do not supersede the West Perth Precinct Plan or theBuilding Heights and Setbacks Policy.

The draft Scheme encourages uses on the site to be complementary with theproximity of the land to the city centre, but should not duplicate uses alreadyprovided in the city centre. Any uses proposed are encouraged to promote publicaccess and use of the site. Building design should be innovative and is to be ofmedium scale and promote a landscaped open space image. The height and bulk ofbuildings will be considered in relation to the Precinct’s topography and the form ofadjacent buildings and structures. Buildings shall be setback from all streetalignments and these setback areas are to be suitably landscaped and maintained.The plans generally comply with this intent.

COMMENTS:

Nature of the Proposal / Land Use:

The proposal will provide a significant amount of new retail space on the fringe of thecentral business district. As stated in the draft City Planning Scheme, the site shouldnot duplicate uses already provided in the city centre. The City’s existing retail coreis located on land that is zoned for Shopping purposes and the Perth Central Area(land east of the Freeway) is recognised as the dominant centre and primary focusfor retail and commercial activities under the Metropolitan Centres Policy.

The site, which is located just beyond the Perth Central Area, is zoned GeneralCommercial C3 and while retail uses can be considered within this zone, it is not thestrategic intent of the Scheme that major retail facilities would be established on thesite. Notwithstanding, the applicant has stated that the proposed centre would offera unique service that is clearly differentiated from the city’s existing services. Insupport of the proposal the applicant has presented the following information inregard to brand direct outlets:

• Brand direct outlets are a relatively new retail concept in Australia but are wellestablished internationally. These outlets sit outside the normal retail hierarchy,complementing and enhancing the function of the main shopping precinctrather than competing with it or duplicating traditional retail offerings. Theyenable companies (such as Nike, Polo, Ralph Lauren, Calvin Klein, Versaceand Royal Doulton) to promote the image of their company, centralisedistribution of excess stock, test new product and provide inventory control.

• The centres also act as tourist destinations attracting day trippers and tourbuses. To be successful they need to be easily accessible to major transportroutes and a variety of modes of transport.

• The development will further strengthen the City’s retail pull in comparison tothe major retail centres. This will build on the recent improvements of DavidJones, the Myer Megamart and new Woolworths development. A new



“lifestyle” concept in shopping is being introduced and will create a place wherepeople can meet, browse, relax and enjoy the atmosphere of a downtown areain complete safety and comfort. These people, being drawn to the city, arethen much more likely to explore its many other attractions.

In additional information submitted on 8 January 2002, the applicants advised thatthe catchment is regional Perth itself, in addition to the tourist market. As a majorcity retail owner, the developer recognises the importance of increasing the city’sretail market share. It is projects such as this that hold the key to increasing citytrade, whilst at the same time allowing retailers the flexibility to turn over stock andimprove operations and profitability. To operate successfully, Brand Direct outletshave to create a point of difference to the normal shopping centre. Their uniquefeatures include: • Only major exclusive top name designer/manufacture/tenants goods which are

difficult to trade in normal shopping centres, are thus sold at discount prices tothe public for example: Polo, Ralph Lauren, and the like.

• Major brand/chain names are represented as individual outlets.

• Store sizes are generally considered larger than traditional retail shops, with nomajor anchor tenant(s).

• Integral to the design is a strong emphasis towards an outdoor lifestyle conceptwith the public circulation along a series of internal streetscapes allowingshoppers to meander and experience the outdoor concept.

• The Management of Brand Direct Concept determines who and what type ofbusiness occupy the tenancies.

• The full range of facilities that such a Brand Direct Centre will accommodateinclude tourist coach drop off and set down area and tourist entry and restlounge

• The drawing power and visitation trends of these centres are entirely different toour regional malls.

Economic Impact: From the City’s perspective, the key economic issue is whether the proposal willdraw more people into the city centre, who visit this development and comparisonshop in the retail core, or whether it will draw existing shoppers out of the traditionalretail core. The applicants have submitted a report prepared by Urban Economics, “Market andEconomic Impact Assessment of a Brand Direct Outlet Centre at the Former PerthMetropolitan Market Site”. The assessment identifies the development’s impact onthe Perth Central Area as being the most significant in the Perth metropolitan areagiven its proximity to the city centre and the fact that the city is the main centrecurrently providing higher order retail product. It is stated that the overall loss ofturnover for the Perth Central Area will be only 3% and would quickly becompensated by the natural growth in retail expenditure. It is difficult to comment on



the validity of the figures without conducting a similar independent study. The reportconcludes that the proposed development would: • broaden the range and price of goods and services available to Perth shoppers;

• capitalise upon the strong level of interest in brand direct shopping;

• enhance the City’s tourist attraction;

• provide brand direct retailers with an opportunity to obtain synergies from theirlocation with other brand direct retailers in a fully planned centre, centrallylocated within the urban area of Perth;

• provide on-going employment for at least 600 full-time, part time and casualjobs.

From an economic development point of view it could be argued that thedevelopment would: • add a new major attraction to the central city area;

• add a new type of retail product to the central city, consolidating the centralarea as the dominant retail core of Western Australia;

• utilise a major development site which has been vacant for some time;

• create new jobs in the central city area;

• be more likely to succeed due to the highly visible and accessible location;

• attract additional day-trippers and tourists to the central area;

• create spin off development and interest in the central city area; It is also arguable, however, that the development would decentralise the existingretail core as its location is outside the central business district. It is possible that thelevel of retail expenditure diverted from the established retail core to this proposal willbe more than the expected 3%. The impact on the city’s existing retail core could bemore significant than expected, undermining the current capital investment in themalls area by both the City and major retailers. While the proposal has good accessto Citywest railway station, it is also likely that the majority of visitation would be bycar. Overall, the economic impact of the proposal appears to be positive for both the cityin general and retailing in particular, provided the retail product on offer is distinctivefrom that offered in the traditional retail centre. This is a significant opportunity todevelop a major central city vacant site, provide a new point of difference andinterest for the city which will create employment and increase visitation. It will,however, be important that access links to the city centre are carefully considered tomaximise the comparison shopping opportunities.



The Site: The applicant has explained that the former Market site is appropriate for theproposed development for the following reasons: • central location to metropolitan population distribution

• easy access to major road systems

• large single site of sufficient size to support the necessary parking facilities

• easy access to public transport (City West Rail Station, bus routes and the CATbus)

• somewhat removed from the traditional retailing stores

• close proximity to tourist zones

• the ‘spin-off’ from the centre can be of strategic significance to the City. Staging: The application provides most detail in regard to the first stage of the development,which is for 22,000m2 of retail space with 800 car bays. The applicant has advisedthat the second stage will commence as soon as a commercially viable use isdetermined. In the meantime, the area adjacent to Wellington Street will belandscaped to create an aesthetic buffer zone to the deck car parking and anattractive setting for the first stage of the retail development. The applicant is,therefore, seeking approval for the additional 12,000m2 of commercial floor spaceand 400 additional car bays even though the use of the floor space and details of thedesign of the future buildings have not been provided. The additional floor space will be within the maximum permitted plot ratio for the siteand the car parking, whether it be for tenant parking, public parking or a combinationof the two, will comply with the Perth Parking Policy. The proposed mix of uses arepermitted under the current Scheme and are contemplated uses under the draftScheme. On this basis the concept of stage 2 can be supported, however the detailsof the additional buildings should be the subject of a separate planning application. Parking and Traffic Impact: The applicants submitted a traffic assessment report, undertaken by Sinclair KnightMerz, to provide a detailed assessment of the impact of traffic likely to be generatedby the proposed development. The development represents a new kind of retailfacility for Perth and one for which very little trip generation data exists. The MyerMegamart car park (with only 350 bays) was selected by the consultants for surveypurposes as it was considered similar to the proposed development from a tripgeneration perspective, although the results had to be factored up to represent thegreater scale and intensity of the proposed development. Unfortunately, the reportdoes not included any data form other similar developments established interstate oroverseas.



The main findings of the report are summarised as follows: • vehicles entering the crossovers from Market Street and Wellington Street are

not expected to impede the operation of through traffic on these streets;

• the phasing of the adjacent signalised intersections will benefit traffic exiting thedevelopment;

• the impact of traffic generated by the development on the operation of thesurrounding intersections is minimal;

• during the evening peak, vehicles exiting the site at Wellington Street willexperience some delay due to traffic flow on Wellington Street, but will notimpact on the operation of Wellington Street;

• the site is well located to use the available facilities such as public transport(trains, buses and the CAT system) and the pedestrian and cycling facilitiessuch as the principal shared path (PSP) system.

Overall, It is accepted that the nature of the car parking, being intendedpredominantly as shopper parking, will not contribute significantly to the morning andafternoon traffic peaks. The freeway will provide access for a large proportion of thevehicles and the Market Street off-ramp, in particular, is currently under utilised.

One issue that the traffic impact assessment does not address is the issue ofpotential conflict between pedestrians/cyclists and vehicles where the PrincipleShared Path (PSP) crosses Market Street. Further information is required to assessthis situation and modifications to either Market Street or the PSP might be required.This matter can also be addressed as a condition of planning approval.

The car parking will occupy almost half the site. The rational behind the location ofthe car parking was that the buildings would directly relate to Wellington Street andSutherland Street with the car park buffering the freeway behind the future Stage twodevelopment. Due to the relative levels between the freeway and the site, the line ofsight from the freeway is significantly higher, (approximately 3.0 - 3.5m) than thegrade of the upper deck level, so that the car parking will not be viewed as aprominent feature. The appearance of the car park deck can be improved throughthe installation of shade structures that can add articulation and interest to theexpanse of car parking (approximately 600 bays per level). Once the second stageof the development is completed, the car parking will be screened from view fromWellington Street and Sutherland Street by the commercial buildings andlandscaping.

The parking should only be supported in direct association with the proposedcommercial centre and a condition should be imposed on any planning approvalpreventing the car park from being developed as a separate first stage, operating asan independent parking facility. A further condition should also be imposed requiringthe submission of a parking management plan that addresses how the public parkingwill be managed, in compliance with the Perth Parking Policy. Of interest will be themeasures taken to prevent or restrict the general use of the car park, particularly bycommuters.



A bus and coach drop off area is indicated on the plans, yet there are no bus parkingfacilities. It is not appropriate for tour coaches to occupy street parking as a lay-oversolution and on this basis parking for buses and coaches on the site should berequired as a condition of planning approval.

A dedicated bicycle parking zone, together with staff end of trip facilities, will beincorporated into the design. A condition can be imposed on any approval to ensurethat these facilities satisfy the Council’s Bicycle Parking and End of Journey FacilitiesPolicy.

Servicing:

The major service area is to be located on the northern side of the development witha dedicated access off Market Street, independent of the main vehicle entry forcustomer parking. The service area allows for defined distribution spines on bothlevels while being screened from view from the major pedestrian and vehicle routes.

Plot Ratio:

Under the Scheme definition of plot ratio, fee paying public car parks are included inplot ratio calculations. The applicant has advised that the car park will offer freepublic parking. Due to the proximity of the facility to the city centre and the potentialfor the facility to be used for long stay commuter parking, it is considered unlikely thatthe parking will be managed without a fee being imposed to discourage commutersfrom utilising the parking in place of shoppers. If the 1200 car bays are all fee payingpublic bays, this would add 16,500m2 of plot ratio floor space to the development,resulting in a total of 50,500m2 or a plot ratio of 1.23:1, which is still within the 2.0:1plot ratio permitted on the site.

Streetscape and Amenity:

The buildings will be predominantly of tilt-up concrete panel construction. Theapplicant has explained that the facades will be articulated into modules of buildings,each with their own identity and character, while maintaining a common architecturaltheme. The buildings will be grouped to create internal pedestrian ‘streets’ ratherthan a shopping mall environment. Signage, awnings, lighting and street furniture(for which no detail has been provided) will be designed to enhance this city streetcharacter. Externally the building modulation will be carried through to the streetfrontages and will be compatible with the scale of surrounding development.

The front facades of the buildings are generally of solid masonry construction withlimited windows or doors, while the interactive facades, containing expansive glazingand doors, are orientated to the internal ‘streets’. It is considered that the externalstreet facades should be modified to include more windows and doors to provide agrater opportunity for interaction and access from the existing street network and toprovide a more traditional and attractive presentation to both Wellington Street andSutherland Street. This can be addressed through a condition of any approval.



Landscaping is planned to complement the built form and will be a combination ofretaining planters, hard and soft landscape elements at varied scale. The plantingalong Wellington Street and Sutherland Street will adopt the existing planting themesand character already introduced by the City, particularly reinforcing the boulevardtreatment of Wellington Street. The plans indicate that the verges would beincorporated into the paving and landscaping designs of the site. The footpaths andverges should be consistent with the City’s specifications with the specificallydesigned hard and soft landscaping elements of the development being containedwithin the site boundaries. This can be addressed as a condition of planningapproval.

Conclusion:

The development of this prominent vacant site will serve to rejuvenate a significantarea within West Perth, adjacent to the freeway and railway systems. The ‘branddirect’ concept is proposed to differ from the ‘normal’ retail model in terms ofplacement and distribution and aims to complement, rather than directly competewith, the city’s established retail core. Such a development could have significantbenefits for the City in terms of being an alternative retail and tourist attraction andbased upon the information provided by the applicant, the impact of the proposalappears to be positive for both the city in general and retailing in particular, providedthe retail product on offer is distinctive from that offered in the traditional retail centre.

The proposed centre has been designed to address the street, providing a built formand landscaped setting that is consistent with the Scheme and Policy objectives forthe area while also being compatible with the surrounding development, although it isrecommended that modifications be undertaken to the facades to improve thisaspect of the design. The car parking, while being extensive, will be screened fromview from Wellington Street and Sutherland Street and can be treated in such amanner as to reduce its visual impact when viewed from the Freeway and railway.Provided details of the development are adequately addressed through theimposition of reasonable conditions, the application can be supported. Moved by Cr McEvoy, seconded by Cr Scaffidi

That:-

1. in accordance with the provisions of the City Planning Scheme theCouncil APPROVES BY AN ABSOLUTE MAJORITY the applicationsubmitted by Cameron Chisholm and Nicol/Cox Howlett and BaileyWoodland for the development of a retail (stage 1) and mixedcommercial, office, warehouse and retail (stage 2) development at840 (Lot 570) Wellington Street, West Perth as indicated on theMetropolitan Region Scheme Form One dated 18 December 2001 andas shown on the plans received 21 December 2001, subject to:-

(Cont’d)



1.1 the stage 1 commercial tenancies being used for ‘brand direct’or ‘factory direct’ retailing outlets unless the Council’s writtenplanning approval has been obtained for a change of use. Forthe purposes of this condition, ‘brand direct’ or ‘factory direct’outlets means a discount retail outlet used by a retail companyto centralise the distribution and sale of excess or damagedstock, test limited amounts of new product, and provideinventory control;

1.2 details of the design and use of the 12,000m2 stage 2development and additional 400 car bays, being the subject ofa separate planning application;

1.3 the design of the Wellington Street and Sutherland Streetfacades of the stage 1 development being amended to includegreater articulation and additional openings to provide thedevelopment with a more traditional and interactivepresentation to the existing streets, with additional details ofthe design and a high standard of finishes for the proposedbuilding being submitted and approved prior to the issue ofthe relevant building licence;

1.4 staging of the proposed development being constructed insuch a way that each stage has the appearance of a completeddevelopment with the proposed location of the stage two‘future buildings’ adjacent to Wellington Street beinglandscaped to create a buffer zone to the deck car parking andan attractive setting for the first stage retail development, priorto the issue of the Certificate of Classification for any buildingcompleted within the first stage of the development;

1.5 secure bicycle parking facilities and staff end of trip facilities,including showers, toilets and change areas for males andfemales, with lockers and other appropriate amenities beingprovided in accordance with the Council’s Bicycle Parking andEnd of Journey Facilities Policy. Details of the design andlocation of these facilities being submitted and approved priorto the issue of the relevant building licence;

(Cont’d)



1.6 details of the number, location and type of "Special Purpose"parking bays on site, in particular the number and location ofdisabled and loading/unloading bays, being submitted andapproved prior to the issue of the relevant building licence;

1.7 details of the design and treatment of the pedestrian spacesincluding landscaping, awnings, furniture, public art, lightingand security (incorporating principles of crime preventionthrough environmental design) being submitted and approvedprior to the issue of the relevant building licence;

1.8 an access audit being undertaken to ensure that, wherepracticable, safe, equitable and dignified access is provided tothe buildings on the site and through the pedestrian‘streetscape’ areas;

1.9 all signage being the subject of a separate application forplanning approval and/or a sign licence.

1.10 all car bays, aisle widths and circulation areas complying withAustralian Standard 2890.1;

1.11 the stage 1 car parking being used only for public parkingunless the Council’s written planning approval has beenobtained for the use of the car bays for tenant parkingpurposes;

1.12 the submission of a parking management plan that addresseshow the public parking will be managed, in compliance withthe Perth Parking Policy, and whether measures will be takento prevent or restrict the general use of the car park,particularly by commuters;

1.13 the car parking being developed in conjunction andassociation with the retail/commercial floor space and notbeing operated as an independent public parking facility;

1.14 a detailed landscaping plan being submitted and approvedprior to the issue of the relevant building licence;

(Cont’d)



1.15 the provision on-site of an adequate bus lay-over area fortourist coaches;






1.17 the safety of pedestrians and cyclists crossing Market Street toaccess the existing Principle Shared Path being addressed,with any necessary modifications to Market Street or thePrinciple Shared Path being the responsibility of thedeveloper, at the developer’s expense;

1.18 the upper deck of the car park being provided with shadestructures to screen the view of the parked cars and to addvisual interest to the car park structure, with details of thedesign and materials of the structures being submitted andapproved prior to the issue of the relevant building licence;

2. the application be referred to the Western Australian PlanningCommission for determination under the Metropolitan RegionScheme.




Against: Nil



20/02 279 (LOT 2) WILLIAM STREET, NORTHBRIDGE -PROPOSED SHADE SAIL AND STEPS FOR ALFRESCOAREA

The Acting Chief Executive Officer advised that this item would be withdrawnand dealt with at the next Council meeting.

21/02 BEAUFORT STREET, PERTH - PROPOSED LOADINGZONE

BACKGROUND:

FILE REFERENCE: P1001399RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 7 January 2002


PolicyPolicy Name and Number: SU-52 Parking Restrictions - KerbsideLegislation City of Perth – Parking Local Law 1999Section: Part 2 - Stopping and Parking Generally

Strategic PlanKey Result Area: Urban Development and TransportObjective No:5 Objective: To ensure that the public transport

provision and routes adequately meet theneeds of the community and that the Cityhas adequate and appropriately locatedparking.

Strategy: Develop an integrated public transportand parking strategy.

DETAILS:

A request has been received from Pilpel Print at 150 Beaufort Street, for a loadingzone to be set up outside the their premises. This section of Beaufort Streetbetween Newcastle and Aberdeen Streets consists of one hour bays on both sides ofthe street.

FINANCIAL IMPLICATIONS:

ACCOUNT NO: CL 07061210 0000BUDGET ITEM: Kerbside ParkingBUDGET PAGE NUMBER: 13



BUDGETED AMOUNT: $1,980,900 ($334,379.04 this portion)AMOUNT SPENT TO DATE: ($205,018.11 this portion)PROPOSED COST: $240.00BALANCE: ($129,120.93 this portion)

ANNUAL MAINTENANCE: nil

All figures quoted in this report are exclusive of GST.

COMMENTS:

The building houses a printing section on the south side and a binding section on thenorth side. Prior to the alteration and extension to the printing works a loading zonewas located outside the premises. The loading zone was removed as it was in thealignment of the new crossover and an on-site loading area was provided within thedevelopment.

Currently it is not uncommon for delivery trucks to double park while waiting toload/unload goods to the binding section. This can be attributed to the increasedvolume of work, the lack of adequate loading area in the binding section, and the off-loading of material within the on-site loading area.

The request for a loading zone on Beaufort Street outside the entrance to thepremises can be supported since there are no on-street loading zones in this blockor across the street. Establishment of the loading zone would facilitate parking forcommercial vehicles and thus ease congestion on the street.

The loading zone would occupy two existing car parking bays between thecrossovers to the premises. The parking bays are non fee paying and accordinglythere would be no loss of income to the City. The loss of the two car bays will resultin a reduction of Perth Parking Licence fees payable to the Department of Transportof $120 per annum per bay.

Moved by Cr Davidson, seconded by Cr Tudori

That the Council approves the establishment of a loading zone on theeast side of Beaufort Street 37.2 metres south of Newcastle Street andextending 9.0 metres southwards operative from 8.00am till 4.15pmMonday to Friday and 8.00am till 12.00 noon on Saturday in lieu of theexisting one hour parking as shown on drawing No P6882.02.






Against: Nil

22/02 KENSINGTON STREET BETWEEN EAST PARADE ANDFIELDER STREET - PROPOSED KERBSIDE PARKING

BACKGROUND:


The 2001/2002 Budget makes provision for installation of ticket machines withinvarious streets in East Perth. Prior to these machines being installed, it is necessaryto first introduce appropriate parking restrictions.


PolicyPolicy Name and Number: SU-52 Parking Restrictions - KerbsideLegislation City of Perth – Parking Local Law 1999Section: Part 2 - Stopping and Parking Generally

Strategic PlanKey Result Area: Urban Development and TransportObjective No: 5 Objective: To ensure that the public transport

provision and routes adequately meet theneeds of the community and that the Cityhas adequate and appropriately locatedparking.

Strategy: Develop an integrated public transport andparking strategy.

DETAILS:

On-street parking in Kensington Street consists of almost entirely of unrestrictedparking and a few one hour and quarter hour parking bays. Parking in this street isalmost completely taken up by motorists working in the vicinity, and visitors to thearea find it difficult to locate parking.


EXPENDITUREACCOUNT NO: CL 07061210 0000



BUDGET ITEM: Kerbside ParkingBUDGET PAGE NUMBER: 13BUDGETED AMOUNT: $1,980,900 ($334,379.04 this portion)AMOUNT SPENT TO DATE: ($202,618.11 this portion)PROPOSED COST: $2,400.00BALANCE: ($129,360.93 this portion)


EXPENDITUREACCOUNT NO: CL 09061210 0000BUDGET ITEM: Kerbside ParkingBUDGET PAGE NUMBER: 13BUDGETED AMOUNT: $1,980,900 ($1,645,974.62 this portion)AMOUNT SPENT TO DATE: ($767,354.30 this portion)PROPOSED COST: $720.00BALANCE: ($877,900.32 this portion)



COMMENTS:

It is proposed to introduce two hour ticket parking restrictions in Kensington Street, inorder to manage the kerbside parking. On 7 November 2001, occupiers and ownersof adjacent properties were advised in writing of this proposal and requested toforward any comments they may have, within 16 days. No comments have beenreceived.

The introduction of two hour ticket parking will result in parking being more readilyavailable and will also meet the request from the proprietor at 139 Kensington Street.

In view of no objections being made, it is recommended that Council approve theproposed two hour ticket parking restrictions for Kensington Street.

Moved by Cr Sutherland, seconded by Cr McEvoy

That the Council approves the establishment of two hour ticket parkingoperative 8.00am till 6.00pm Monday to Saturday:-

1. within the unrestricted kerbside parking in Kensington Streetbetween East Parade and Fielder Street;

(Cont’d)



2. in lieu of the one hour parking on the south side of KensingtonStreet, 16.5 metres east of Fielder Street and extending 48.5 metreseastwards;

3. in lieu of the quarter hour parking on the south side of KensingtonStreet, 118.5 metres east of Fielder Street and extending 6.0 metreseastwards;

4. in lieu of the quarter hour parking on the south side of KensingtonStreet, 160.5 metres east of Fielder Street and extending 20 metreseastwards;

as shown on drawing No P64580-01.




Against: Nil

23/02 ACTIVITIES ON LAND LOCAL LAW

BACKGROUND:

FILE REFERENCE: P1015633RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 15 December 2001

At the Council Meeting held on 25 September 2001, the draft Activities on LandLocal Law was approved for advertising in accordance with Section 3.12 of the LocalGovernment Act 1995 for making a new local law and to release the documents forpublic consultation prior to finalising and gazettal.

The draft Activities on Land Local Law contains regulatory and enforcementprovisions to control specific activities on private and public land to preventnuisances from sand, water, fences, vegetation and rubbish.

The Objectives of the Activities on Land Local Law are to: -



1. Ensure Owners and Occupiers manage their land with the interests of thecommunity foremost, particularly with regard to safety and efficiency and theprevention of nuisances.

2. Where a nuisance is found to exist and the City has served a Notice, allow action

to be taken to resolve the nuisance, and infringement notices issued. 3. Ensure the provisions of the National Competition Policy are complied with by the

City. 4. Prescribe measures to be taken in relation to land under the Local Government

Act 1995.

The new Activities on Land Local Law will enhance the administration of current locallaws and will complement the Local Government Act 1995. The draft Activities onLand Local Law, and penalties for prescribed offences are detailed in Schedule 1.


Legislation Local Government Act 1995Section: 3.12Delegations of Authority to Officers 2001 – 3.15 Notices Under Schedule 3.1 of theLocal Government Act 1995Strategic PlanKey Result Area: EnvironmentObjective No: E2 Objective: Plan, integrate and implement sustainable

development to ensure its liveabilityStrategy: Ensure the integrated assessment of all

development building applications

The proposed Activities on Land Local Law incorporates the following key proposals:

1. The local law specifies measures to be taken to prevent nuisances occurring. 2. The City of Perth may serve a Notice to address the nuisances or for matters

specified under Section 3.25 of the Act. 3. The City’s authorised persons can serve Infringement Notices ($100 modified

penalties) if Notices have been served, but not complied with. 4. The City can also arrange for the works required in Notices to be carried out at

the expense of the owner or occupier of the land.

DETAILS:

Public advertising and submissions:In accordance with the procedures in the Act for making a new local law, thedocuments were advertised for a six-week period. The business community,developers, builders, fencing contractors, and industry associations were given the



opportunity to comment on the draft Activities on Land Local Law with a high level ofpublic information, as follows:

• Advertisement in the weekend edition of ‘The West Australian’ newspaper;

• A four-page information package on the draft Activities on Land Local Law,Feedback Form and reply-paid envelope was sent to key stakeholders and otherinterested members of the public.

At the closing date on 3 December 2001, no submissions on the proposed Local Lawwere received, however after the closing date, two Feedback Forms were receivedbut with no comments related to the proposed Local Law. Therefore no changes tothe draft local law were made. FINANCIAL IMPLICATIONS: ACCOUNT NO: 129-158-7210 BUDGET ITEM: Preventative Services, Administration BUDGET PAGE NUMBER: 9 BUDGETED AMOUNT: $421,443 ($17 000 this item) AMOUNT SPENT TO DATE: $45,614 PROPOSED COST: $350 BALANCE: (-$28,964 this item) ANNUAL MAINTENANCE: The expenditure for this item (legal fees) exceeds the Budgeted Amount, due to aSupreme Court action against the City in relation to 4 Bellevue Terrace, that theCouncil resolved to fully defend at its meeting on 17 April 2001, and is due to besettled in early 2002. The un-budgeted expenditure will be funded out of a paymentof the City’s costs agreed as part of the settlement of the 4 Bellevue Terrace case. All figures quoted in this report are exclusive of GST. INCOME: ACCOUNT NO: 129-157-6559 BUDGET ITEM: Other Fines and Costs BUDGET PAGE NUMBER: 15 BUDGETED AMOUNT: $3,000 AMOUNT RECEIVED TO DATE: $0 ACTUAL INCOME: $0

COMMENTS:

The Local Law is made in accordance with Section 3.12 of the Act, which specifiesthe procedure for making new local laws. After the last day for submissions, theCouncil is to consider any submissions made and may make the local law (special



majority) as proposed or make a Local Law (special majority) that is not significantlydifferent from what was proposed. After making the local law, the Council is to publish it in the Government Gazette,give a copy to the Minister and send copies and explanatory memoranda to the JointStanding Committee on delegated Legislation. After the local law has been published in the Government Gazette, the Council is togive State wide public notice:-

• Stating the title of the local law;

• Summarising the purpose and effect of the local law (specifying the day on whichit comes into operation);

• Advising that copies of the local law may be inspected or obtained from the Cityof Perth office.

The local law comes into operation on the 14th day after the day on which it ispublished in the Gazette.


That the Council APPROVES BY AN ABSOLUTE MAJORITY the makingof the Activities on Land Local Law, as detailed in the attached schedule,and advertise in accordance with Section 3.12 of the Local GovernmentAct 1995 in the Government Gazette.




Against: Nil

24/02 PARKING LOCAL LAW 1999 AMENDMENT

BACKGROUND:

FILE REFERENCE: P1010030-3RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 2 January 2002



The Council, at its meeting held on 28 August 2001, resolved to amend the City ofPerth Parking Local Law 1999 to provide for an increase in certain modifiedpenalties, compliance with Road Traffic Code 2000, Impounding of Goods (TowAway) and Permits to Use Loading Zones (Retail Loading Zone Scheme).


LegislationCity of Perth Parking Local Law 1999; Local Government Act 1995; Road TrafficCode 2000, Clause 7 Agreement to Implement Competition Policy and RelatedReforms

Strategic PlanKey Result Area: Urban Development and TransportObjective No: V3 Objective: Ensure vehicular traffic movement in the

City is effective and efficient

DETAILS:

Following the making of the amendment to the Parking Local Law on 28 August2001, it was then submitted to the Joint Standing Committee on DelegatedLegislation on 4 September 2001.

This Committee then scrutinised the amendment at its meeting on 14 November2001 and wrote to the City of Perth on 20 November 2001, advising that the JointCommittee required a written undertaking that the City of Perth will repeal Clause2.23(5) of the amendment because it deprives a person of their right to seek judicialreview or bring legal proceedings against a local government for actionable wrongs.The Committee believes it is not permissible under the Local Government Act 1995to include such a clause.

Clause 2.23(5) states as follows:-

A person is not entitled to make any claim, by way of damages or otherwise, againstthe authorised person or the City in respect of a vehicle removed and impoundedunder provisions of these local laws, or against any person who purchases a vehicledisposed of by the City under the provisions of the Act.

The Joint Committee also required a written undertaking that some minor draftingerrors be corrected. This is acceptable and appropriate.

The advice from the Joint Committee was referred to the Council’s solicitors whodisagreed with the Joint Committee view and made a submission on the City’sbehalf.

The Joint Committee considered the solicitor’s submission but maintained its viewand again requested the City to repeal the clause immediately. On 5 December



2001, the Joint Committee gave notice of motion in the Legislative Council todisallow the entire local law. It would proceed with this disallowance if the City didnot give the required undertakings.

The City is now required to give the written undertakings and a request has beenmade to extend the deadline until after the Council’s 22 January 2002 meeting toenable Council to consider the matter.

Our solicitors advise that it appears the Committee is determined to recommend thedisallowance of Clause 2.23(5) and is unlikely to be persuaded from that course.They advise that there may be little the City can now do, except persuadingmembers of Parliament to reject the Committee’s recommendation.

Because of the Joint Committee’s requirement to repeal Clause 2.23(5), final stepsin the implementation of the Tow Away Scheme have been deferred until Councildecides to proceed with the scheme.

Advice has been obtained from our solicitors that the repeal of Clause 2.23(5):

1. would not significantly increase the risk of claims against the City’s officers giventhe protection otherwise afforded those officers by sections 3.39(2) and 9.56(2)of the Act;

2. would leave the City vulnerable to a claim by the owner of a vehicle damaged bythe use of unreasonable force during impoundment; and

3. would not increase the risk of claims against the purchasers of impoundedvehicles.

There is now a need for the Council to ratify that it is prepared to continue with thescheme, bearing in mind that the City could be subject to claims for negligence.


There are no financial implications for this report.

COMMENTS:

As there appears to be no other alternative, it is recommended that the Councilagrees to the amendments required by the Joint Standing Committee. Making thisresolution does not change the local law. A further report is to be prepared for thenext Council meeting to formally change the local law.



Moved by Cr MacGill, seconded by Cr McEvoy

That the Council agrees to amend the City of Perth Parking Local Law1999 as required by the Joint Standing Committee on DelegatedLegislation, including the repeal of Clause 2.23(5) which states:-

“A person is not entitled to make any claim, by way of damages orotherwise, against the authorised person or the City in respect of avehicle removed and impounded under provisions of these local laws, oragainst any person who purchases a vehicle disposed of by the Cityunder the provisions of the Act.”




Against: Nil

25/02 DISCOVERING THE CITY - PEDESTRIAN INFORMATIONSIGNS

BACKGROUND:


At the Council meeting on 8 July 1997 it was resolved that a signage style guide beprepared and the Chief Executive Officer be granted delegated authority to appoint asuitable consultant. Turner Butcher design consultants and TRACT weresubsequently appointed to prepare the guide.

At the Council meeting on 28 April 1998 two prototype signs, being a street namesign and parking sign, were considered and rejected.

At the Council meeting on 27 October 1998 “The Street Sign Design Concepts”were accepted to enable the second stage of the project to be progressed.



Further work was then undertaken to develop working drawings and construction of aprototype for testing. On 6 July 2000, the Elected Members were advised ofprototype signs erected at the corner of Hay Street and Barrack Street and thatcommunity feedback was being sought for consideration in the final design.

The system was strongly supported by the majority of the community andstakeholders who commented, and the project is now at the point where the firststage of implementation can be undertaken. This involves the installation of 37directional bollards in the core of the pedestrian area from the State Library to theBarrack Street Jetty, between Barrack Street and William Street.


Strategic PlanKey Result Area: Urban Development and TransportObjective No: E1.4 Objective: Promote Walking and Cycling

Strategy: Improve the utility and attractiveness ofpedestrian thoroughfares

Relevant Reports and Strategic Plans

• Perth Central Area Policies Reviews (1993);

• Public Signage Strategy 1998 (Draft);

• Public Places Enhancement Strategy (1997);

• Access in the City for People with Disabilities (1997).

DETAILS:

Trial signs were installed in July 2000 and a six week comment period with focusedfeedback was sought on both the new map and the sign structures. The map andpedestrian signage system was strongly supported by the majority of the communityand stakeholders who commented, with the proviso that some of the details of boththe map content and the sign finishing needed resolving.

Following the prototype stage, the sign and map were refined and documented. Thefollowing design directions have been taken as the detailing of the sign and mapprogressed:

1. It has been necessary to keep the maps simple and focus on the malls area, asthe maps are small and are intended to provide immediate location informationonly. More detailed information will be provided on the larger directory maps.Visual clarity on the bollard maps is essential to their ease of use.

2. A selection of icons have been developed to assist non English speakingpeople and people that have difficulties in finding their way. Extensive researchhas been undertaken to source internationally and nationally recognised icons,



however, in some cases there are no standards available and special iconshave been developed in consultation with stakeholders.

3. The map and engraved plates have been designed to allow the sign to beupdated on site, without the need to remove the whole unit, the unpaintedbrushed aluminium finish is highly suitable for this application. The number ofitems listed on the engraved plates has been limited to six to allow space forfuture items to be added as facilities in the city develop.

4. A brushed aluminium finish has been chosen to reduce maintenancerequirements and provide a high quality surface for the city centre. Unpaintedmetal finished are already in use in the central city, (for example: litter bin lids),and so the bollard signs will be consistent with surrounding furniture. Additionalbands of colour have been included on the cap and base plates and the coloursselected comply with the colour guidelines established for specific areas.

During the development of the sign, consultation and discussions were carried outwith the following groups:

• the Access Working Group;

• the Marketing Unit;

• the Strategy Unit;

• Cultural Centre Committee;

• Western Australian Tourism Commission;

• Perth Visitors Centre;

• Police/Information Kiosk Promotions Officer;

• Sign fabricators and suppliers.

The first stage of the implementation of the pedestrian signage system will be theinstallation of direction bollards in the core pedestrian area of the city.

The second stage will involve installation of larger directory signs. These arecurrently undergoing further prototyping to assess the opportunities for incorporatingmultimedia technology, and will be presented to the Council once an assessment ofthe system has been made. A trial of the ‘touch screen map’ being developed beganin November 2001 for a period of up to six months.

Ongoing stages will involve the progressive installation of pedestrian signagethroughout the city as budgets allow, beginning with high use pedestrian areas.


ACCOUNT NO: CW05343BUDGET ITEM: Discovering the CityBUDGET PAGE NUMBER: 20



BUDGETED AMOUNT: $121,000AMOUNT SPENT TO DATE: $2,804PROPOSED COST: $118,196BALANCE: Nil

ANNUAL MAINTENANCE: $4,000


The budgeted amount includes a sum of $47,000 from the Western AustralianTourism Commission as a grant for the pedestrian sign project.

COMMENTS:

In essence the design and character of the signs have not changed from the conceptdesigns adopted by the Council in October 1998. Refinement of the design hastaken place to develop a city map that can be used on the direction bollard, icons toassist non English speaking people and strong bands of colour have been used atthe top and base of the sign to compliment the precinct colour scheme, for example:‘Claret’ in central Malls, Protocol Blue in river foreshore area, Deep Brunswick Greenin Wellington Street and St Georges Terrace. A brushed aluminium finish has beenchosen to reduce maintenance requirements and provide a high quality finish, similarto the litter bin tops.

The Council applied to the WA Tourism Commission for a funding grant to assist inthe installation of the Pedestrian Signage System and were successful in beingoffered $47,000. The application specified that the City of Perth will match this sumpending Council approval of the design and installation of the signage, and anamount of $121,000 (inclusive of the grant) has been approved in the 2001/2002budget. If the City accepts the grant, it must be acquitted by June 2002.

Acceptance of the WA Tourism Commission grant includes an agreement to applythe Brand WA logo for Perth to the signs. The brand has been incorporated into thecoloured maps on the signs. The City of Perth’s crest would remain on the sign basepost.

Moved by Cr Stroud, seconded by Cr Sutherland

That the Council adopts the design for the:-

1. Direction Bollard;

2. Direction Bollard and Street Sign,

on Drawing Number 8333-05 for inclusion in Standard Colour andFurniture Guidelines and Design and Construction Notes.



Motion to amend

Moved by the Lord Mayor, seconded by Cr McEvoy

That the Council:-

1. does not proceed with the Direction Bollards as proposed;

2. adopts the design for the Direction Bollard / Street Sign with thecolour complying with the policy adopted by the Council on9 February 1999.

The motion to amend was put and carried



Against: Nil

The amended motion was put and carried



Against: Nil

26/02 TENDER NO. 038-2001/2002 - DISCOVERING THE CITY -PEDESTRIAN INFORMATION SIGNS

BACKGROUND:

FILE REFERENCE: P1016571RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 26 November 2001



In 1996, the City accepted a Signage Strategy (draft) which identified a significantshortfall of signage for the needs of pedestrians in the City. The draft SignageStrategy was incorporated into the Public Places Enhancement Strategy which wasadopted by the Council on 28 January 1997. A design for a collection of ‘PedestrianInformation’ signage was subsequently commissioned and on 27 October 1998 thenew suite of sign design concepts was accepted by the Council.

Trial signs were installed in July 2000 and a six week comment period with focusedfeedback was sought on both the new map and the sign structures. The map andpedestrian signage system was strongly supported by the majority of the communityand stakeholders who commented, with the proviso that some of the details of boththe map content and the sign finishing needed resolving.

In the 2001/2002 budget, the Council approved funding for the ‘Discovering the City’signage fabrication and installation. The sign and map have been subsequentlydocumented and tenders called.


Strategic PlanKey Result Area: Environment (Built Environment)Objective No: EN2.5 Objective: Plan, integrate and implement sustainable

development for Perth to ensure itsliveability.

Strategy: Public Places Enhancement Strategy.

Key Result Area: Urban Development and TransportObjective No: E1.4 Objective: Promote Walking and Cycling.

Strategy: Improve the utility and attractiveness ofpedestrian thorough-fares.

Relevant Reports and Strategic Plans:

• Perth Central Area Policies Review (1993);• Public Signage Strategy 1996 (Draft);• Public Places Enhancement Strategy (1997);• Access in the City for People with Disabilities (1997).

DETAILS:

The first stage of the implementation of the pedestrian signage system will be theinstallation of 37 directional bollards in the core pedestrian area from the StateLibrary to the Barrack Street Jetty, between Barrack and William Streets. Tenderswere called for the fabrication and assembly of these signs and at the close oftenders on Friday 23rd November, eight submissions were received. The bid detailsare shown in the table below:



Tenderer Selection CriteriaWeighting Score

Lump Sum Quotation

Jason Sign Makers 4.46 $41,260Ascot Sign Co 2.20 $62,571Starr Signs 2.65 $54,852Compac Marketing 4.28 $50,850WA Signs 2.42 $62,332Varisigns 3.20 $61,381Sign Supplies N/A $11,335 (Withdrawn)Sudden Impact Signs 2.55 $64,979

Sign Supplies’ bid was markedly lower than all other bids and they were requested toconfirm that they would endorse this price. They have advised in writing that thelump sum price of $11,335 was a clerical error and have withdrawn their tender.

The remaining seven tenderers were assessed against the selection criteria with lowscoring and unsuitable tenderers being eliminated and the remaining tenderersfurther checked to ensure that their ratings accurately reflected their skills. Thechecking process included calling previous clients and referees and questioningthem on the quality of workmanship and expertise of the tenderers. The bidsproposed by the three top scoring tenderers were then compared forcompetitiveness of pricing. The lowest bidder – Jason Sign Makers – also scoredthe highest points against the selection criteria.

As Jason Sign Makers were over $9,000 cheaper than the next lowest bidder, theywere contacted and asked to confirm that they would stand by their price and meetall the specifications of the tender. They have confirmed this in writing with theproviso that awarding the tender before Christmas may result in some delays, as anumber of fabricators close for Christmas and New Year. The City’s fabrication andinstallation programme has taken this into account, and so this proviso is notdeemed to be an issue.


ACCOUNT NO: CW 05343BUDGET ITEM: Discovering the CityBUDGET PAGE NUMBER: 20BUDGETED AMOUNT: $121,000AMOUNT SPENT TO DATE: $2,804PROPOSED COST: $41,260BALANCE: $76,936

ANNUAL MAINTENANCE: $4,000INSTALLATION COSTS: $10,000




INCOME:The budgeted amount includes a sum of $47,000 received from the WesternAustralian Tourism Commission as a grant for the pedestrian sign project.

COMMENTS:

Jason Sign Maker’s tender submission of $41,260 complied with all the specifiedrequirements, was the highest scoring tender under the selection criteria and thelowest bidder. It is recommended that they be awarded the contract to fabricate thePedestrian Signs as requested in the specification, and additional signs as possiblewithin the budget.

It is proposed that installation of the signs be undertaken in March/April 2002.

It was therefore recommended that the Council:-

1. accepts the lowest/most suitable tender being that submitted by Jason SignMakers for the supply and delivery of Pedestrian Information Signage SystemBollards at a cost of $41,260;

2. accepts the following schedule for additional signs for future supply:-

1 x direction information plate with engraved text $72.05

10 x direction information plates with engraved text $704.00

1 x coloured vinyl map adhered to acrylic sheet $217.80

5 x coloured vinyl maps adhered to acrylic sheets $280.50

1 x pair of crest and base bands, painted and engraved $313.50

5 x pairs of crest and base bands, painted and engraved $1,298.00

1 x internal frame and base plate $143.00

5 x internal frames and base plates $660.00

1 x fully fabricated and assembled sign, with all parts $1,094.50

5 x fully fabricated and assembled signs, with all parts $5,373.50

3. approves expenditure for the supply and delivery of Pedestrian InformationSignage System Bollards as detailed in part 1 above being charged to BudgetItem ‘Discovering the City’.



Motion to defer

Moved by Cr MacGill, seconded by Cr Tudori

That the item relating to Tender No. 038-01/02 - Discovering The City -Pedestrian Information Signs be deferred.

The motion to defer was put and carried



Against: Nil

27/02 UNRECOVERABLE FINES AND COSTS WRITTEN OFF

BACKGROUND:


Vehicles committing an offence against the City of Perth Parking Local Law 1999 areissued with parking infringement notices.

If the infringement notice remains unpaid after two months, the matter is lodged withthe Fines Enforcement Registry (FER) for that organisation to collect the outstandingdebt or commence enforcement action. Enforcement action normally relates to thesuspending of either a drivers license or vehicle registration.

A person who does not pay a parking infringement can be liable for up to $47.00 inadditional costs associated with seeking payment, in addition to the original modifiedpenalty amount.

A percentage of infringements cannot be recovered. The Council is empowered towrite off fines and associated costs associated with those infringements consideredunrecoverable.


Legislation Local Government Act 1995Section: 6.12.(1)(c)



DETAILS:

After a matter has been lodged with FER for a minimum period of five years and allenforcement action by that organisation has failed, the matter is retired by FER forany further enforcement action by them.

FER considers that the likelihood of monetary recovery is negligible after a five yearperiod and recommends that the matters be written off.

That recommendation is in line with a general policy employed by all lawenforcement agencies that all quasi criminal matters that have not been finalisedafter a five year period be written off.

The matters listed in the tabled schedule have had a minimum of five yearsenforcement action attached to them.

Due to the age of the listed matters, enforcement action is now no longer possibledue to no license or vehicle registration being accredited to the person or businessname, as many have moved and now cannot be traced, death may have occurred orbankruptcy or liquidation may have been brought to bear.

Criticism of continuing to proceed with matters of this age has been voiced byMagistrates of the Court of Petty Sessions.

As all efforts in recovery of the listed fines and costs have failed for a minimumperiod of five years and no further action can be taken that might bring aboutfinalisation, the recommended amount is now considered unrecoverable.

This practice is also in keeping with appropriate auditing requirements, as it allowsfor any outstanding monies to be considered a realistic asset.

Accordingly, each year the City makes provision for doubtful debts within the City’sbudget and from this provision the attached fines are written off.


ACCOUNT NO: GL 1BS 0001591BUDGET ITEM: Not applicableBUDGET PAGE NUMBER: Not applicableBUDGETED AMOUNT: $1,325,565.93AMOUNT SPENT TO DATE: $0.00BALANCE: $1,325,565.93BALANCE AFTER WRITE OFF: $1,196,196.43




COMMENTS:

Whilst individual persons and company names are listed, finalisation of listedoutstanding matters has not and cannot occur as a result of death of an individual,liquidation of a business, untraceable relocation of both individuals and businesses,the execution of warrants interstate or the completion of community work ordersintrastate, but no matter what the reason, the underlying factor is that no vehicleregistrations or drivers license are now in existence to suspend and that enforcementaction of any kind has not succeeded for a minimum of five years.

The recommended write off amount of $130,624.50 represents a 43.68% decreasein amount written off in comparison to the 1994 annual write off amount. It isbelieved the decrease is due to increasing effectiveness of the Fines EnforcementRegistry, which was established in 1995.

Moved by Cr McEvoy, seconded by Cr Sutherland

That the Council APPROVES BY AN ABSOLUTE MAJORITY the amountof $129,369.50 representing fines and costs imposed by the Courts inrespect of parking prosecutions between 1 January 1995 and 31December 1995, which have been outstanding for at least five years, asper the schedule laid on the table being written off.




Against: Nil

28/02 ART COLLECTION ACQUISITION

BACKGROUND:


The City of Perth’s Art Collection policy objective is “to obtain by purchase, bequestor donation a visual art collection reflecting the spirit, environment and development



of the City of Perth, and to this end encourage Western Australian artists by thepromotion of their work within the City.”

During the City of Perth 2001 Art Award, the work “The Track Layers” by Shaun Tanwas recommended for purchase. It was one of three awarded a “Commendation” bythe judges.

Funds to purchase artworks for the Collection are not available in the 2001/2002Operational Budget. However, an “Art Acquisition Reserve” was established in 1999to hold surplus funds from previous budgets in reserve for the purchase of importantacquisitions for the City’s Collection. It is recommended that the work in question bepurchased from this Reserve.


PolicyPolicy Name and Number: City of Perth Art Collection SU57Strategic PlanKey Result Area: Social and CulturalObjective No:4 Objective: Continue to augment and enhance the

City’s contribution to its culturalenvironment and to increase participationin its cultural life.

DETAILS:

“The Track Layers” is a work of historical significance depicting men laying tramtracks in Hay Street (near King Street) in 1898, illustrating the timeless struggles andambitions of the founding generations of our city.

The purchase of this work is recommended as it fulfils a majority of the art acquisitionpolicy requirements.

• “The Track Layers” represents a significant period, occasion and urban initiativein the evolution of the City, and City life.

• The work represents the artistic practice of an established artist residing inWestern Australia who has received local, national, and international acclaim forhis work.

• It reflects the richness of cultural diversity, heritage and contemporary art forms.


Account to be created upon approval of purchase.

The Art Acquisition Reserve contains $60,921. Purchase of this work will leave abalance of $52,421.



Moved by Cr Davidson, seconded by Cr MacGill

That the:-

1. Council APPROVES BY AN ABSOLUTE MAJORITY the purchase of“The Track Layers” by the artist Shaun Tan at a cost of $8,500;

2. expenditure in part 1 above be funded from the Art AcquisitionReserve (currently $60,921).

Motion to defer

Moved by Cr Tan

That the item relating to Art Collection Acquisition be deferred.

The motion to defer lapsed for the want of a seconder




Against: Nil

29/02 CITY OF PERTH 2002 CLAISEBROOK CARNIVAL:APPLICATION FOR SPONSORSHIP

BACKGROUND:


At the House/Sponsorship and Donations Committee meeting held on 15 January2002 it was resolved that:-



1. the Council approves sponsorship for the City of Perth 2002 ClaisebrookCarnival at a total cost of $30,000 (plus GST) comprising:

1.1 $28,000 (plus GST) cash sponsorship of the East Perth Rotary Club;

1.2 $2,000 (plus GST) cash sponsorship of hospitality facility.

2. the East Perth Rotary Club ensures achievement of the following sponsorshipbenefits for the City of Perth:-

2.1 prominent placement of City of Perth logo on all banners, posters,advertisements and flyers consistent with the City’s status as namingrights’ sponsor;

2.2 acknowledgement of City of Perth as naming rights’ sponsor in all radioannouncements and media releases;

2.3 City of Perth signage prominently displayed at Carnival;

2.4 statement of support from Lord Mayor to appear on flyers;

2.5 Lord Mayor provided opportunity to speak and present the Rotary Club ofEast Perth Dragon Boat Shield to the winning team;

2.6 items promoting support of the City positioned in all local newsletters;

3. all press advertisements and flyers clearly indicate Constitution Hill will be“Residents Only Parking” and suggest alternative parking arrangements;

4. the expenditure in part 1 above be charged to Budget Item 8.03 “Recreationand Culture – Community Recreation Program”.

The Rotary Club of East Perth has approached the City of Perth for sponsorship inthe amount of $30,000 (plus GST), to hold the seventh annual City of PerthClaisebrook Carnival in Victoria Gardens, Claisebrook Cove on Sunday 7 April, 2002.

POLICY/STRATEGIC PLAN:

PolicyPolicy Name and Number: Provision of Sponsorship and Donations SU43Strategic PlanKey Result Area: Social and CulturalObjective No: S3 Objective: Create a City famous for its opportunities

for social and cultural exchange.Strategy: Provide meeting places where people

can gather and be encouraged to interactand communicate.



Objective No: S4 Objective: Continue to augment and enhance theCity’s contribution to its culturalenvironment and increase participation inits cultural life.

DETAILS:

The annual, free-to-the-public, community arts Claisebrook Carnival (conceived andorganised since its inception by the Rotary Club of East Perth), is a community andcultural development initiative fostering both local and community identity.

As such, it fulfills the expectations of recent surveys conducted by the City revealinga significant proportion of respondents consider the City needs to create and supportcommunity and cultural development initiatives of this nature. These findings havebeen independently confirmed by an Edith Cowan University survey of attendees atthe last Carnival, 8 April 2001. Members of the interview team spoke with attendeesand recorded responses to a series of questions relating, amongst other things, totheir point of origin, their items of interest, and activities they would consider forpossible inclusion at future Carnivals.

The City of Perth has been a major sponsor since 1996, providing $29,500 for theevent in both April 2000 and 2001. In recognition of the City’s continued financialcommitment and reflecting the Carnival’s larger horizon, the City has been extendednaming rights to the event which will now be known as the City of Perth 2002Claisebrook Carnival.

As in previous years, the objectives of the City of Perth 2002 Claisebrook Carnivalare to:-

• foster local community participation;

• develop community pride and cultivate an awareness of East Perth;

• promote family-oriented entertainment in a healthy, enjoyable environment;

• provide an opportunity for artistic presentation;

• provide an avenue for the promotion of Carnival sponsors. In addition to fiscal assistance outlined above, the Rotary Club of East Perthrequests the City provide (or continue to provide), the following support: • Carnival promotion in City News;

• Representation on the Carnival Management Committee;

• Lord Mayor to present winning team with first prize of the Rotary Club of EastPerth Dragon Boat Shield.

Highlights of the 2002 Carnival, to run once again from 10.30am until nightfall, areexpected to include:



• Performances by local artists, groups and bands from noon concluding with a

sunset concert and fireworks;

• Dragon boat racing on Claisebrook Cove from noon to 4.30pm crewed fromresidents, colleges and organisations in East Perth;

• Rowing sprints and demonstrations in the Cove and on the Swan River;

• Western Titles Tug of War competitions: a forerunner to the National Titles;

• A morning walk around the East Perth Railway Bridge, the Causeway and theadjoining river foreshores (invitations to participate will be distributed to allorganisations and residents in the East Perth area) concluding around lunch-time at Claisebrook Cove;

• Fairground amusements, hands-on activities, craft displays, and speciality foodstalls all afternoon.

The City of Perth 2002 Claisebrook Carnival will provide 8 hours of non-stopentertainment suitable for all age groups and totally free to the public. As such, itcomplies with the community objectives of the City, the Rotary Club of East Perth,and the East Perth Redevelopment Authority.


ACCOUNT NO: 122-237-7901 BUDGET ITEM: Community Recreation Program BUDGET PAGE NUMBER: 11 BUDGETED AMOUNT: $30,000 AMOUNT SPENT TO DATE: $0 PROPOSED COST: $30,000 BALANCE: $0 All figures quoted in this report are exclusive of GST.

COMMENTS:

The City of Perth 2002 Claisebrook Carnival provides an effective means for the Cityto meet several of its objectives. Sponsorship will: • Increase visitation to the City;

• Enhance the social and cultural fabric of the City;

• Provide an excellent opportunity for community participation;

• Directly enhance the quality of life of one of the City’s communities;

• Provide a meeting place where people can gather and be encouraged tointeract and communicate;



• Assist the promotion of the City of Perth as a city of regional and internationalsignificance.

(Cr Scaffidi disclosed an interest, took no part in discussion and did not voteon this item)

Member Nature of InterestCr Scaffidi Proximity

Cr Scaffidi departed the Chamber at 7.17pm

Moved by Cr MacGill, seconded by Cr Davidson

That:-

1. the Council approves sponsorship for the City of Perth 2002Claisebrook Carnival at a total cost of $30,000 (plus GST)comprising:

1.1 $28,000 (plus GST) cash sponsorship of the East Perth RotaryClub;

1.2 $2,000 (plus GST) cash sponsorship of hospitality facility;

2. the East Perth Rotary Club ensures achievement of the followingsponsorship benefits for the City of Perth:-

2.1 prominent placement of City of Perth logo on all banners,posters, advertisements and flyers consistent with the City’sstatus as naming rights’ sponsor;

2.2 acknowledgement of City of Perth as naming rights’ sponsor inall radio announcements and media releases;

2.3 City of Perth signage prominently displayed at Carnival;

2.4 statement of support from Lord Mayor to appear on flyers;

(Cont’d)



2.5 Lord Mayor provided opportunity to speak and present theRotary Club of East Perth Dragon Boat Shield to the winningteam;

2.6 items promoting support of the City positioned in all localnewsletters;

3. all press advertisements and flyers clearly indicate Constitution Hillwill be “Residents Only Parking” and suggest alternative parkingarrangements;

4. the expenditure in part 1 above be charged to Budget Item 8.03“Recreation and Culture – Community Recreation Program”.



For: The Lord Mayor, Crs McEvoy, Davidson, MacGill, Sutherland,Stroud, Tan and Tudori

Against: Nil

Cr Scaffidi returned to the Chamber at 7.18pm

30/02 CITY LIFE: OPPORTUNITIES AND CHALLENGES

BACKGROUND:

FILE REFERENCE: P1015867RESPONSIBLE DIRECTOR: Charlotte Stockwell, Director StrategyDATE: 26 November 2001

The ‘City Life: Opportunities and Challenges’ paper details the findings ofconsultation with 75 key stakeholders on their perceptions of the City’s social andcultural future.

The ‘City Living Survey: A City Residents’ Community and Cultural Needs Survey’was adopted by Council on 12 December 2000 as the first part of a socialdevelopment strategy. The City’s Strategic Plan 1998–2002 also proposes that asocial development plan be produced. Initial research for the project revealed that itwas extremely difficult to separate the social and cultural aspects of citydevelopment, and thus a cultural component was included in the strategy.



International Context

A number of cities around the world have been successful in creating exciting,vibrant and economically strong central areas. Culture has been recognised as aprimary element in the economic competitiveness of central cities. Places such asDublin, Manchester, Bilbao, Seattle and Melbourne have placed significant emphasison developing arts and cultural industries to foster a distinct identity and attract largenumbers of people to visit, live and work. Whilst Perth, on a global scale, is a small tomedium sized city, it has tremendous opportunities to foster social, economic andcultural development with local product. The potential for Perth to become a‘boutique’ city could well be realised over the next decade.


PolicyPolicy Name and Number: SU34 Provision of Sponsorship and Donations

CS4 Sister City RelationsSU53 City of Perth Art Collection

Strategic PlanKey Result Area: Social and CulturalObjective No: SC1 Objective: To enhance the social and cultural fabric

of our community through tolerance andunderstanding.

Strategy: Raise awareness and understanding ofthe cosmopolitan nature of Perth.

Action: Develop a social development strategyintegrating social objectives with theCity’s functions and consultation with thecommunity and external agencies.

DETAILS:

‘City Life: Opportunities and Challenges’ represents the summary and analysis offace to face interviews with 75 key stakeholders. Those consulted were chosen to bebroadly representative of a range of sectors including arts, culture, tourism, housing,business, education and welfare, as well as organisations representing differentsections of the community, such as seniors, women, Aboriginals, people from ethnicbackgrounds and people with a disability. Individuals in important leadership roles,such as the Governor General and the local MLA were also consulted. The ElectedMembers of the City of Perth were interviewed by consultants as part of theintegrated work for the Arts Policy.

Major Trends

Some of the major trends critical to the social, cultural and economic well-being ofthe City were identified by stakeholders as being:



• the ageing of the population as the affluent ‘baby boomer’ generation reachesretirement;

• the increasing size of the residential population and the growth of inner cityhousing;

• the transience and mobility of the city population, including day time workers,tourists and residents;

• the increasing impact of homelessness and other social problems on thecentral area; and

• Perth’s approach to arts and culture. Key Findings The following issues are the key findings to emerge from the stakeholder interviews.These are each explored in detail in ‘City Life: Opportunities and Challenges’: • the importance of celebrating the special qualities and achievements of the City

as well as the need to further identify and market its positive qualities;• creating a city that thrives at night and attracts a diversity of people;• the potential of culture and the arts to significantly contribute to the economic

competitiveness, tourism, and lifestyle attraction of Perth on both a regional andglobal scale;

• creating healthy, safe and diverse inner city communities. This involvescreating a city for all people, with a vital public life as well as opportunities forface to face contact. It includes the creation of more affordable housing andcommunity development, as well as caring for the vulnerable; and

• opportunities for the City to be pro-active in fostering city life by providing visionand leadership, in addition to strategic partnerships with government and non-government agencies.

COMMENTS:

Many of the issues raised in the ‘City Life’ interviews were similar to those identifiedin the stakeholder consultation for the ‘Economic Development Plan’. This reinforcesthe importance of the issues coming from both studies.

Ideas and comments contained within the ‘Opportunities and Challenges’ paper arederived directly from key stakeholders, and have therefore not been investigated,costed or endorsed.

Moved by Cr McEvoy, seconded by Cr Davidson

That the Council:-

1. receives the ‘City Life: Opportunities and Challenges’ report;

(Cont’d)



2. releases the report to the interviewees as part of the stakeholderconsultation process.




Against: Nil

31/02 TENDER 048-2001/2002 FOR THE SUPPLY AND DELIVERYOF THREE ONLY 72” FRONT DECK MOWERS INCLUDINGSALE OF THREE ONLY TORO 72” FRONT DECK MOWERSBY OUTRIGHT OR TRADE-IN SALE

BACKGROUND:

Tenders for the replacement of three Front Deck Mowers closed on 18 December2001. These ride on mowers are necessary for the maintenance of large grassedareas.

FILE REFERENCE: P1016634RESPONSIBLE DIRECTOR: Charlotte Stockwell, Director StrategyDATE: 7 January 2002


Legislation: Local Government Act (Functions and General Regulations) 1996,Part 4, Tenders for Providing Goods and Services.

Strategic PlanKey Result Area: Natural Environment.Objective No: EN1 Objective: Protect and enhance Perth’s natural

environment.



DETAILS:

Six tenders were received for the supply of three new 72” Front Deck Mowers, withtwo suppliers offering two alternative models. The alternative models however, werenon conforming to the City’s requirements and specifications as they wereunderpowered or too small. Therefore, these units were not considered in theevaluation process. Two tenders were also received for the outright purchase ofmower units. Tender particulars are detailed below:

AssetNo

Tenderer Make TenderAmount

Trade-In/Outright

Sale

NetChange-

OverRM144 Boya Equipment Kubota F3520 $28,788 $6,818 $21,970RM145 Boya Equipment Kubota F3520 $28,788 $6,364 $22,424RM146 Boya Equipment Kubota F3520 $28,788 $7,818 $20,970

$86,364 $21,000 $65,364

RM144 Total Toro Toro 328D $29,420 $6,182 $23,238RM145 Total Toro Toro 328D $29,420 $6,818 $22,602RM146 Total Toro Toro 328D $29,420 $7,273 $22,147

$88,260 $20,273 $67,987

RM144 Wattleup Tractors Iseki SF330 $30,120 $8,000 $22,120RM145 Wattleup Tractors Iseki SF330 $30,120 $8,000 $22,120RM146 Wattleup Tractors Iseki SF330 $30,120 $8,000 $22,120

$90,360 $24,000 $66,360

RM144 CJD Equipment John Deere 1445 $34,782 $6,800 $27,982RM145 CJD Equipment John Deere 1445 $34,782 $7,000 $27,782RM146 CJD Equipment John Deere 1445 $34,782 $6,500 $28,282

$104,346 $20,300 $84,046

RM144 McIntosh & Son New Holland $31,812 $7,727 $24,085RM145 McIntosh & Son New Holland $31,812 $7,000 $24,812RM146 McIntosh & Son New Holland $31,812 $7,955 $23,857

$95,436 $22,682 $72,754

RM144 E & M J Rosher Kubota F2560 $28,527 $6,500 $22,027RM145 E & M J Rosher Kubota F2560 $28,527 $6,500 $22,027RM146 E & M J Rosher Kubota F2560 $28,527 $7,500 $21,027

$85,581 $20,500 $65,081

RM144 Smith Broughton Outright Sale $4,091RM145 Smith Broughton Outright Sale $3,727RM145 Aitken Associates Outright Sale $7,545RM146 Smith Broughton Outright Sale $4,091

The lowest tender was received from E & M J Rosher Pty Ltd, however theequipment did not meet the City’s requirements as their type of mulching decks were



not considered appropriate for the City’s use. The Kubota was also considered ashaving poor operator ergonomics in terms of operator safety, comfort, visibility andcontrols.

The second lowest tender was received from Boya Equipment Pty Ltd and they alsooffered Kubota equipment. For the same reason provided above this machine wasnot considered appropriate for the City’s use.

The next lowest tender was received from Wattleup Tractors Pty Ltd. Thisequipment did not meet the City’s requirements as their type of mulching decks werenot considered appropriate for the City’s use. The Iseki SF330 mower was alsoconsidered as having poor operator ergonomics in terms of operator safety, comfort.visibility and controls. Investigations with other local authorities revealed someconcerns with the availability of spare parts.

The tender submitted by Total Toro fully met the City’s requirements detailed in thetender specification. Features which were considered exceptional include operatorsafety and noise levels, ergonomics and having the required mulching deck system.

Toro also offered the best warranty period of three years, whereas the othertenderers could only offer one or two years.

It should be noted that two tenders were received for outright purchase of the City’sused mowers. The offer from Aitken and Associates for RM145 was the bestoutright sale price received.


EXPENDITUREACCOUNT NO: Plant Replacement ProgrammeBUDGET ITEM: Other Recreation and Sport - Plant

Replacement ProgrammeBUDGET PAGE NUMBER: 20BUDGETED AMOUNT: $114,000AMOUNT SPENT TO DATE: $0PROPOSED COST: $88,260BALANCE: $25,740


INCOME:ACCOUNT NO: Disposal of AssetsBUDGET ITEM: Plant Replacement Programme - Recreation

and SportBUDGET PAGE NUMBER: 17BUDGETED AMOUNT: $24,000AMOUNT RECEIVED TO DATE: $0ACTUAL INCOME: $21,000



WRITTEN DOWN VALUE: $13,703PROFIT ON CHANGEOVER: $7,297

COMMENTS:

Total Toro Pty Ltd are an experienced organisation who have previously suppliedmowers to the City. The tendered Toro 328D mowers are proven and reliablemachines supported by excellent after sales service and spare parts availability.

The outright purchase of RM145 from Aitken & Associates is considered a betteroffer than those received from all the trade in submissions.

It is therefore recommended that the tender from Total Toro Pty Ltd and the outrightsale of RM145 from Aitken & Associates be accepted.

Funds for the purchase of these three mowers are available under 2001/02 BudgetItem “Plant Replacement Programme”.


That the:-

1. Council accepts:-

1.1 the most suitable tender submitted by Total Toro for thesupply of three Toro 328D Front Deck Mowers for a total costof $88,260;

1.2 the trade in of RM144 and RM146 for a total price of $13,455;

1.3 accepts the outright purchase offer submitted by Aitken &Associates for RM145 at $7,545, the net change over costbeing $67,260;

2. expenditure in part 1 above be costed to Budget Item “PlantReplacement Programme”.




Against: Nil



32/02 TENDER 040-2001/2002 - PROVISION OF COLLECTION,SECURITY, COUNTING AND BANKING OF MONIES FROMMULTI-STOREY CAR PARKS

BACKGROUND:

FILE REFERENCE: P1016617RESPONSIBLE DIRECTOR: Douglas Forster, Director Business UnitsDATE: 30 December 2001

Public tenders closing 11 December 2001, were called for the provision of collection,security, counting and banking of monies from multi storey car parks for a period oftwo years.

The contractor is required to have an operational office within the Perth metropolitanarea, adequately staffed and equipped to support the collection, security, countingand banking of monies.

The current contract is with Chubb Protective Services.


PolicyPolicy Name and Number: CS2 – Expenditure – Authorisations - Annual Items.

LegislationSection: Local Government (Functions and General) 1996 Part 4 (as Amended)Tender for providing Goods or Services.

Strategic PlanKey Result Area: EconomyObjective No: E1 Objective: A financially healthy city

Strategy: Income maintenance and growth –develop strategies for the future throughincome maintenance, diversity and growth

DETAILS:

Tender ResponsesThere were a total of five tender submissions received from the following companies:

• Secure Force International• Newcrest Security• Security Concepts



• Chubb Protective Services• Tango Security.

Selection Criteria Other than the schedule of rates submitted, tenderers were required to address eachof the weighted selection criteria which were nominated in the specification, asfollows (not in order of weighting):

• Previous Experience• Management & Personnel• Quality of Recruitment Process, Employment Selection and Testing

Processes• Service Delivery Process• Demonstrated financial stability• Client Reporting• Quality Assured / Best Practices• Safety Management.

Assessment ProcessVetting by the tender panel deemed one of the tenders, that of Chubb ProtectiveServices, to be non-conforming. The reason for ruling non-conformance on thissubmission was that it did not meet the following specification:

“The tendered services must not be sub-contracted, franchised, divided,masqueraded or be subject to any other variants which would dilute the control andresponsibilities of the Contractor or which the City finds to be unacceptable.”

The submission by Chubb Protection Services proposed the engagement of alicensee to provide services. This was found by panels (assisted by legal advice) inother tenders for the past two years as a variant of sub contracting and as non-conforming.

The tender panel assessed the remaining four tenders against the selection criterialisted above. In terms of ranking from the highest scores to the lowest:

Security Concepts 92Secure Force International 64Newcrest Security 63Tango Security 49

The tender from Security Concepts was determined by the panel to meet theselection criteria to the greatest extent when compared to the other three tenders.

Based upon current requirements the annual total cost of each of the tendersubmissions (based on tendered unit rates) are:

Secure Force International $335,035.00Newcrest Security $397,354.80



Security Concepts $113,256.00Chubb Protective Services $112,840.00Tango Security $235,518.40

Security Concepts offered the lowest total cost tender amongst the four conformingtenders, and the second lowest total cost of all the five tenders (refer Schedule 2).The non-conforming tender was marginally lower.


ACCOUNT NO: Allocated to individual security accounts incar parks

BUDGET ITEM: Various budget itemsBUDGET PAGE NUMBER: N/ABUDGETED AMOUNT: $140,000PROPOSED COST: $113,256BALANCE $ 26,744ANNUAL MAINTENANCE: N/A


COMMENTS:

The submission by Security Concepts addressed the selection criteria in detail, anddemonstrated a professional and thorough approach to the tendering process. Theyhave formal quality management system accreditation, a suitably equipped moneycounting room situated in Northbridge, and have demonstrated their ability in anothersimilar contract to provide high quality value for collection, security, counting andbanking of monies from ticket machines to the City of Perth.

Moved by Cr McEvoy, seconded by Cr Tudori

That the:-

1. most suitable tender being that submitted by Security ConceptsAustralia Pty Ltd for the Provision of Collection, Security, Countingand Banking of Monies from Multi-storey Car Parks for a period oftwo years in accordance with the Schedule of Rates detailed inSchedule 2, be accepted;

2. expenditure in part 1 above be charged to the various Budget Itemsrelating to the operation of multi storey car parks.






Against: Nil

33/02 TENDER NO 46-2001/2002 - ENTRY CANOPY AND ROOFCOVER TO VOID AREAS AT THE ROE STREET CAR PARK

BACKGROUND:

FILE REFERENCE: P1016206RESPONSIBLE DIRECTOR: Douglas Forster, Director Business UnitsDATE: 4 January 2002

At its meeting held on 10 July 2001 the Council resolved that:-

1. the most suitable tender being that submitted by Dalcon Construction for theconstruction and completion of the entry canopy and roof cover to void areas atthe Roe Street Car Park for $60,990 excluding GST be accepted;

2. the expenditure in part 1. above be charged to the Capital Budget Item -“Redevelopment Roe Street Car Park”.

Dalcon Construction advised on 9 August 2001 that they wished to withdraw theirtender for the works due to an arithmetic error in connection with the steelfabrication, which had only just come to their attention.

The City approached the second lowest tenderer Logan Parker Construction (WA)Pty Ltd. The company declined to proceed.

New tenders were invited closing 18 December 2001.


Policy:Policy Name and Number: Council Policy CS 24 - Budget Policies in Section 5

Parking Business states "The City is engaged in aParking business for the following purpose:-

5.1 To ensure that there is adequate public parkingfor both commuters and shoppers to ensure thelong term viability of the City as the premierbusiness district of Perth the state of WesternAustralia and that the Parking business beoperated at a profit.”



The Principal Activity Plan 2000 makes the followingreference "the City's car parks continue to berecognised as an important part of its financial base,not just as an income source for the City to reducereliance on rate income, but also to provide quality carparking in convenient locations for workers, visitorsand shoppers.

LegislationSection: Perth Parking Management Act 1999

Strategic PlanKey Result Area: EconomyObjective No: E1 Objective: a financially healthy City

Strategy: Develop strategies for the future throughincome maintenance, diversity and growth

Key Result Area: Urban Development and TransportObjective No: U5 Objective: To ensure that public transport provision

and routes adequately meet the needs ofthe community and that the City hasadequate and appropriately located parking.

Strategy: Develop an integrated public transport andparking strategy.

DETAILS:

Lump sum tender submissions were re-invited for the same works on the Roe StreetCar Park on 1 December 2001 including:

1. The construction and completion of an entrance canopy and banner poles withelectrical services and

2. A new roof covering over void areas above the upper fifth floor.

Tender closed on 18 December 2001. Four tenders were received as follows:

Brodun Construction Pty Ltd $72,454.45

Metropolitan Building $96,330.00

Dalcon Constructions Pty Ltd $83,979.00

Lakis Constructions Pty Ltd $91,645.00

Evaluation of the tenders and reference checking have been completed. Afteranalysis of the tender submissions the most advantageous tender assessed was thatof Brodun Construction Pty Ltd for the lump sum of $72,454.45.



In addition to the Lump Sum Price, Tenderers were required to be RegisteredBuilders and provide performance record and two project references.

All tenderers had established track records and the lowest tender submitted byBrodun Construction Pty Ltd was highly supported by reference confirmation.


ACCOUNT NO: CW 02790-7604BUDGET ITEM: Redevelopment of Roe Street Car ParkBUDGET PAGE NUMBER: 21BUDGETED AMOUNT: $186,209AMOUNT SPENT TO DATE: $9,700PROPOSED COST: $72,455BALANCE: $104,054

ANNUAL MAINTENANCE: Estimated $500


COMMENTS:

Since completion of the refurbishment of the Roe Street Car Park the need toprovide a strong entry statement to clearly define the entry for motorists approachingthe car park. In addition, improved weather protection against entry of rain to theexisting roof level void areas is to be constructed.

The decision to recommend that Brodun Construction Pty Ltd be awarded thecontract is primarily attributed to their providing the lowest tendered price andconfirmation of their references supporting their capabilities to carry out the work.

Moved by Cr McEvoy, seconded by Cr Tudori

That the:-

1. most suitable tender being that submitted by Brodun ConstructionPty Ltd for the construction and completion of the entry canopy androof cover to void areas at the Roe Street Car Park for $72,454.45exclusive of GST be accepted;

2. expenditure in part 1 above be charged to the Capital Budget Item“Redevelopment No. 8 Car Park (Roe Street Car Park)”.



Motion to defer


That the item relating to Tender No 46-2001/2002 - Entry Canopy and RoofCover To Void Areas at the Roe Street Car Park be deferred.



For: The Lord Mayor, Crs McEvoy, MacGill, Scaffidi, Sutherland, Stroudand Tan

Against: Crs Davidson and Tudori

34/02 TENDER NO. 043-2001/2002 - BULK WASTE REMOVALFROM THE CITY OF PERTH WORKS DEPOT FOR A ONEYEAR PERIOD

BACKGROUND:


Tenders have been invited from suitably qualified and experienced contractors forthe removal of bulk waste from the City’s works depot at Roberts Street, OsbornePark. The invitation for a schedule of rates tender closed on 4 December 2001.


PolicyPolicy Name and Number: CS2 Expenditure - Authorisations - Annual ItemsLegislationLocal Government Act 1995Local Government (Functions and General) Regulations 1996Strategic PlanKey Result Area: EnvironmentObjective No:EN2.4 Objective: Built Environment



Strategy: Provide for the safe handling and disposalof wastes, minimising risks to public healthand the environment, and encourage theminimisation and recovery of wastesgenerally.

DETAILS:

Eight tenders were received when the invitation period closed on 4 December 2001.

The specification and accompanying documents stated the criteria upon which theevaluation of tenders would be based, namely:-

1. Price;2. Demonstrated capacity to perform works;3. Suitable tipping sites;4. Financial viability.

Tenderers were asked to submit written details of how they would achieve therequirements of the selection criteria.

Tender Evaluation

Tender documents were collected by 13 interested parties with eight tenders beingreceived as follows:

• MW & AB Boase

• High Wycombe Earthmoving

• Need A Bin

• Steg Pty Ltd

• Barak Transport

• Jandabup Haulage

• Jandakot Recyling

• SouthWest Investments Pty

The Tender submissions were evaluated against the selection criteria. MostTenderers addressed the criteria. Two of the eight submitted rates were found to becompetitive.

Jandabup Haulage, having submitted the cheapest rate, was selected as the mostsuitable tenderer. Their submission satisfied all the requirements of the selectioncriteria. Jandabup Haulage is an established haulage contractor with suitableexperience in performance of the required works.



Jandakot Recycling, submitting the second best rates, also addressed the selectioncriteria satisfactorily. An interesting feature of their submission that will warrantconsideration in future tenders of this nature is their ability to recycle up to 70% ofbulk inert waste passing through their facility. This would be beneficial in achievingtargets for diversion of waste from landfill, and as such it would be appropriate toinclude waste minimisation strategies in the selection criteria in future.


ACCOUNT NO: Various expenditure accountsBUDGET ITEM: Various budget itemsBUDGET PAGE NUMBER: -BUDGETED AMOUNT: Estimated Total $150,000AMOUNT SPENT TO DATE: Nil


Works of this nature are financed from both capital and operational budgets.$150,000 is currently allocated from funds for waste removal.

COMMENTS:

Following an appraisal of the schedule of rates (see Schedule 3) and tendersubmissions, it is recommended that the tender submitted by Jandabup Haulage beaccepted. They have the necessary experience and resources to carry out bulkwaste removal from the works depot, complying with all tender specifications.

Moved by Cr MacGill, seconded by Cr Stroud

That the:-

1. most suitable tender, being that submitted by Jandabup Haulage forthe supply of bulk waste removal services from the City’s worksdepot, for a period of 12 months, with the option for two 12 monthextensions, at the submitted rate of $14.80 per cubic metre beaccepted;

2. expenditure in part 1 above be charged to various Budget Itemsrelating to capital works within the city.






Against: Nil

35/02 REPLACEMENT OF STREET LITTER BINS - NEXT PHASE

BACKGROUND:

FILE REFERENCE: P1000229RESPONSIBLE DIRECTOR: Douglas Forster, Director Business UnitsDATE: 13 December 2001

Over the past five years the “old yellow” litter bins have been progressively replacedwith the new approved standard.

There remain some 106 bins still to be replaced throughout the city. This reportrecommends a programme to complete the task.

In 1996 the Council approved a standard street litter bin (designed by Mark Cox) foruse throughout the city. Radiating out from the Central Business District aprogramme of replacement was implemented and to date 408 units have beeninstalled.

The new style bin has a significantly larger volume, a restricted top to minimise windand bird spill, and aesthetically contributes to a more pleasant streetscape.

The “old yellow” bins have been in existence for over 30 years and are generally inpoor condition.


Guidelines Standard Colour and Furniture Guidelines (approvedby the Council 26 March 1996)

LegislationSection:

Strategic PlanKey Result Area: Built EnvironmentObjective No: EN2 Objective: Plan, integrate and implement

sustainable development for Perth toensure its liveability

Strategy: Public Places Enhancement Strategy



DETAILS:

On 26 March 1996 the Council adopted Standard Colour and Furniture Guidelines toensure, over a period of time, that a degree of uniformity would apply to street andpark furniture. Bins are colour coded according the precinct standard colours.

There are now some 408 standard bins in place, however there remain a further 106still to be replaced.

The bins still to be replaced are located in West Perth (29), East Perth (45), andNorthbridge (32).

It is proposed to continue the implementation programme over the next 12 monthperiod with a completion target of Christmas 2002.

The use of stainless steel tops has been successful for significant pedestrianmovement areas and where particularly high standards of cleanliness are required,for example in the Malls.


The roll-out of the replacement programme has in the main been financed from theStreet Furniture Replacement Reserve. A balance of $3,150,130 is available in theStreet Furniture Replacement Reserve as at 30 November 2001.

Programme implementation has generally been off-budget as the funding drawdownis from a reserve fund specifically for the purpose, with timing being aligned tocompletion of each phase rather than to the budget cycle.

The cost to purchase and install each basic unit is $1,020. To replace the full 106units is estimated to cost $108,120 plus the cost of stainless steel lids whererequired.

ACCOUNT NO: CW 04933BUDGET ITEM: N/ABUDGET PAGE NUMBER: N/ARESERVE BALANCE:: $3,150,130PROPOSED FUNDING FROM RESERVE: $108,120BALANCE IN RESERVE: $3,042,010

ANNUAL MAINTENANCE:


COMMENTS:

Replacement of the 408 yellow bins to date has improved streetscape appearance,cleanliness and appeal for the deposit of litter. Although emptying and cleaning take



a little longer, the volume and containment benefits have been favourably remarkedon by users and adjacent business operators.

Moved by Cr McEvoy, seconded by Cr Stroud

That the Council:-

1. approves the expenditure of $108,120 for the final phasereplacement of 106 litter bins with the adopted City standard;

2. APPROVES BY AN ABSOLUTE MAJORITY the unbudgetedexpenditure in part 1 above;

3. notes that the expenditure in part 1 above can be accommodatedfrom the Street Furniture Replacement Reserve.

Cr Stroud departed the Chamber at 7.26pm


As stipulated under the City of Perth Policy No. CS28 the votes were recordedas follows:-

For: The Lord Mayor, Crs McEvoy, Davidson, MacGill, Scaffidi,Sutherland, Tan and Tudori

Against: Nil

36/02 SUMMER WATERING PROGRAMME - PARKLANDS ANDOPEN SPACE

BACKGROUND:


A combination of water restrictions, a dry spring and warm summer weather hasresulted in a number of the parks and open spaces in the city drying off. This reportprovides information as to what is being done to limit the summer impact togetherwith potential budget implications.



Irrigation water is applied to greenspace throughout the city utilising automatedirrigation systems, manually set travelling irrigators and hand-watering. Irrigationwater is sourced from bores, scheme water or the lake system at the Narrows.

Restrictions on the use of scheme water were introduced on 8 September 2001.Restrictions have since been introduced on shallow bores with the deeper licensedbores only able to be operated at night. The restrictions enable scheme and shallowbore water to be applied twice per week per locality between the hours of 6.00 pmand 9.00 am.

Priority decisions have been made on the replanting on annuals on a location bylocation basis as they have become due. If the plants have been unable to besustained with sufficient water then replanting has not occurred, however every efforthas been made to maintain the high profile city entrances and other prominentlocations.

Attached in Schedule 4 is an irrigation management plan for the summer periodwhich shows in more detail the source of the irrigation water being used, thefrequency and times of application and restrictions applying on a site by site basis forthe major locations. It also provides for increased watering on areas showingexcessive drying and poor appearance.


Strategic PlanKey Result Area: EnvironmentObjective No: EN2 Objective: Built Environment – Plan, integrate and

implement sustainable development for Perthto ensure its liveability

Strategy: Co-ordinate infrastructure provision throughoutthe city to facilitate the development of newcommunities through inner city living.

DETAILS:

In August to September last year when it was evident that irrigation water may be anissue, contact was made with the Water Corporation and Waters and RiversCommission to plan for restrictions should they occur. Plants which require lesswater, changed irrigation times and frequencies, “bore water in use” signs, andincreased spacing of plantings have been introduced as a result.

Since the introduction of restrictions, staff have been rostered to start-up and close-down irrigation systems in the evenings and weekends. Other initiatives have alsobeen introduced, for example in Stirling Gardens to improve the colour and thevigour of the grass, coring of the ground took place with the application of “WettaSoil” to assist penetration of water into the ground to the grass roots.



Ongoing discussions have been held with the two water authorities with the resultthat additional watering time on Langley Park for the reinstatement of 20,000 squaremetres of turf following Rally and the recovery of Stirling Gardens have beenattained. Discussions with Main Roads WA have also resulted in additional wateringtime being applied to the river foreshore in preparation for Skyworks and the riversidemedian which forms part of the Narrows Interchange. Further consultation has beeninitiated with Main Roads WA to increase watering time across the balance of theNarrows Interchange provided the lake system that provides the water source cansustain additional drawdown.

Application has also been made to the Waters and Rivers Commission for thesinking of a bore to feed the Council House lawn and flower bed irrigation systems,together with Stirling Gardens. A separate report seeking an allocation of funds forthe bore and associated infrastructure will be forthcoming for the consideration of theCouncil.

Investigations have been concluded as to alternative sources of water for streetcleansing. Presently water is drawn from the scheme system for night-timewashdown and cleaning purposes. An alternative source shortly to be trialed istreated stormwater from the East Perth lake system. Failing this, the sinking of abore at the Depot in Osborne Park is the next best alternative. It needs to be bornein mind that the majority of bore water extracted in Perth contains high levels of ironwhich results in staining and salt deposit. It is therefore not suited to long-term usein the streets, adjacent to buildings and the general physical infrastructure becauseof discolouring.

To capture these initiatives and provide a management approach to irrigationthroughout the city, an irrigation management plan has been prepared for thesummer period. The plan addresses major and significant areas in the city whichgenerate the greatest cause for concern in both appearance and the potential loss ofsignificant horticultural assets. The plan, and in particular and watering regime, issubject to fluctuation according to weather conditions, imposed restrictions and theresponse of the grass and plantings to the current frequency of water application.

The management plan also addresses water effectiveness in terms of some of thechallenges and the initiatives in place. In brief, these are:

1. Manual watering of trees

There are a number of areas where street trees do not have a reticulated irrigationsystem. Trees are watered by hand from a truck-mounted tanker under specifiedarrangements with a contractor. There have been some losses of street trees,however this is most likely through natural attrition with most of the current stock inhealthy condition.

The contractor has raised concerns over the continued use of black mulch for waterretention. His comment is that the mulch, after a short time, repels water withsubsequent excess run-off. Work is being undertaken to break the crust effectcreated by the mulch through the use of a wetting agent and/or physical breaking.



2. Black mulch fires

In the 12 months to 7 December 2001, emergency fire services have turned out to 25incidences of fires in black mulch within the city’s streets and parks. Damage hasoccurred to a number of trees as a result, some of which have subsequently died.

While not directly charged to the City, the Fire Services Authority has provided anapproximate cost of $350 per call-out. A table of the locations as provided by theAuthority is attached to this report.

Quality mulch which suits both horticultural purposes and is fire resistant is notavailable in commercial supply. The City purchases high quality material forappearance, and its water retaining qualities, and is the most appropriate solution inthe majority of locations. It is, however, high risk in some areas, particularly at ornear traffic lights where motorists tend to discard lighted cigarette butts.

3. Out of hours watering

Out of hours watering has been in place since mid-November in an endeavour toapply water at the most effective time, and for the City to be seen as a responsibleuser of water. While some overtime was budgeted for this purpose, the lack ofrainfall and restrictions this year will place greater demand on those resources with acorresponding budget impact.

Savings in other cost centres within the operational budget have to date offset theadditional expenditure, however if the frequency of night-time watering is to beincreased, then there will be direct budget implications in terms of over-expenditure.

The costs of working staff out of hours is not restricted to overtime as those peopleare then not available during the daytime, and therefore requiring casual labour to beengaged for normal maintenance activities.

4. Specific issue – the Esplanade

With the Cirque du Soleil in position on the Esplanade irrigation has been particularlydifficult. Apart from a small automated system on the Barrack Street side the bulk ofthe Esplanade has to be watered using travelling irrigators. These machines requirelong cables to be laid out and feeder hoses. Because of the movement of people toand from the circus both at matinee but more particularly in the evenings, thetravelling irrigators are not able to be positioned until 11.00 pm each night that thecircus is open. Setting up and working with these machines requires a minimum oftwo people for safety and manual handling.

The water source for the Esplanade is drawn from the Langley bore. The pumpingsystem requires that more than one travelling irrigator is in operation at any one timeand as a consequence several other units need to be in operation on other parts ofthe Foreshore.



As can be seen in the watering regime section of the management plan, theEsplanade is now being watered between 11.00 pm and 9.00 am five days per weekas resources have been shifted from the Langley reinstatement to the Esplanade.


There are no immediate direct budgetary implications as operational savings have, todate, offset the additional costs. Should water restrictions become more severe, andas the weather pattern warms, in order to maintain the appearance of the greenareas at a minimum of how they now are or better, then additional costs will beexperienced.

The additional costs to date amount to $3,000 with ongoing additional weekly costsof approximately $750 while the work remains necessary.

COMMENTS:

The City of Perth boasts some 11% of its land area dedicated to public open space.Soil conditions in the city area are in the main sand with little topsoil or organiccontent to retain moisture. Water must therefore be applied frequently to maintainadequate moisture particularly for shallow root systems such as turf and grass.

Rigorous discussions have been, and will continue to be, conducted with otherauthorities, in particular Main Roads WA, to encourage increased irrigation of openspace under their care and management.

Comparisons have been drawn to playing fields and other facilities in other nearbymunicipalities together with the Burswood Resort in terms of standard ofpresentation. It needs to be noted that particularly the river frontage is subject to thedrying effects of daily sea breeze firstly, and secondly, traffic conditions andassociated radiant heat on verges and medians make the city environment a greaterchallenge.


That the report entitled “Summer Watering Programme – Parks and OpenSpace” dated 3 January 2002, and the Irrigation Management Plan, benoted.





For: The Lord Mayor, Crs McEvoy, Davidson, MacGill, Scaffidi,Sutherland, Tan and Tudori

Against: Nil

Cr Stroud returned to the Chamber at 7.29pm

37/02 TENDER 035/2001/2002 - COMMERCIAL CLEANINGCONTRACT FOR COUNCIL HOUSE

BACKGROUND:


At its meeting held on 22 December 1998, the Council resolved:-

“That:-

1. the most suitable tender for the commercial cleaning of Council House, being thatsubmitted by Quirk Corporate Cleaning Australia Pty Ltd for the sum of $92,340per annum plus annual indexation for the three year period commencing 1February 1999, be accepted;

2. the expenditure in part 1 above be charged to Budget Item "Council House".


PolicyPolicy Name and Number: Expenditure Authorisations - Annual Items - Policy

Number CS2.

Under this Policy, the purchase of goods or serviceswith a value greater than $50,000 is required to besubjected to a public tender process.

Legislation Local Government (Functions and General) Regulations 1996Sections 11-24 “Tenders for Providing Goods or Services”

DETAILS:

The cleaning contract for Council House, held by Quirk Corporate Cleaning AustraliaPty Ltd expires on 31 January 2002. Accordingly, the tender for a new three yearcontract to commence from 1 February 2002 was advertised in the Local



Government Tender Section of The West Australian Newspaper on Saturday 17November 2001.

Thirty one sets of tender documents were collected during the tender period. Whenthe tender closed at 2:00pm on Tuesday 4 December 2001, 19 tenders werereceived, as follows:

Tenderer Hours PerWeek

No. ofCleaners

Tender Sum

VIP Commercial Service 268 8 $343,818.18Mead Cleaning 143.7 6 $213,740.91Luke's Cleaning Service 225 5 $158,375.00West Can Cleaning Group 131 6 $155,408.00Southern Cross Cleaning Service 285 10 $150,646.36Office Cleaning Experts Pty Ltd 121 12 $135,250.00Mastercare Property Services (WA) PtyLtd

111 9 $124,477.01

Charles Service Company 118 8 $123,300.00Airlite Cleaning Pty Ltd 101.75 8 $119,066.89Quirk Corporate Pty Ltd 107 9 $116,069.63Prestige Property Services Pty Ltd 120 15 $108,288.41Golden West Corporate TotalManagement P/L

130 9 $99,736.36

Berkeley Challenge Pty Ltd 112.5 5 $97,664.67Heaton Cleaning Pty Ltd 77.5 5 $93,025.45Alcare Cleaning Service 70 5 $89,812.73Delron Cleaning Pty Ltd 85 7 $87,550.00Arrix Integrated 82.5 5 $87,138.76Advanced National Services Pty Ltd 57 5 $70,304.55DMP Commercial Cleaning Services 73.5 8 $69,134.28

After elimination of the highest and lowest tenders, the median tender price is$119,400.

All tenders were assessed against the following published criteria:

• The experience of the contractor• The management structure of the contractor• Resource management• Affiliations with industry groups• Compliance with the specification

Prestige Property Services Pty Ltd ranked best against the assessment criteria,followed closely by Golden West Corporate Total Management Pty Ltd. In order todetermine whether or not the $8,552.05 price difference between these contractorswas justified, reference checks were made for both of these companies. At the end



of that process, it was concluded that the tender submitted by Prestige PropertyServices Pty Ltd represents the best value for money.

Acceptance of that tender is recommended.


ACCOUNT NO: 131 223 000BUDGET ITEM: Council HouseBUDGET PAGE NUMBER: 11BUDGETED AMOUNT: $425,628AMOUNT SPENT TO DATE: $93,113.82PROPOSED COST: $45,120.17 (1.2.02 - 30.6.02)BALANCE: $287,394.01


COMMENTS:

Since the initial cleaning specification for Council House was established in 1998,several modifications have been made. The most significant of these was theintroduction of a “day cleaner” to address any critical issues and to freshen-up thetoilets and the entry foyers. Another was the introduction of a daily buffing servicefor the granite floor in the ground floor foyer.

These additions, coupled with annual indexation increases, have brought the currentcost of cleaning the building to $113,539.80. This figure includes window cleaningand annual hot water extraction (steam) cleaning of the carpets, which were notincluded in the 2001 tender, in order for the City to deal directly with these serviceproviders.

Window and Carpet cleaning services are valued at approximately $20,000 perannum: $15,000 for window cleaning and $5,000 for carpet cleaning. Acceptance ofthe tender of $108,228.40 from Prestige Property Services Pty Ltd will thereforeeffectively increase cleaning costs in the building by approximately $15,000 or13.2%, to approximately $128,000, once these additional services are taken intoaccount.

Quirk Corporate Cleaning Australia Pty Ltd was the lowest tenderer in 1998. Theyhave found it difficult to deliver the appropriate level of service for the tendered price.Against this background, the increased cost under consideration is considered to besupportable.

The price tendered by Quirk Corporate Cleaning Australia Pty Ltd in this tenderappears to support that view.

Acceptance of the tender of $108, 288.40 plus GST from Prestige Property ServicesPty Ltd, for the Council House Cleaning Contract is recommended.



Moved by Cr McEvoy, seconded by Cr Tan

That the:-

1. most suitable tender for the commercial cleaning of Council House,being that submitted by Prestige Property Services Pty Ltd for thesum $108,288.41 exclusive of GST, plus annual indexation for thethree year period commencing 1 February 2002, be accepted;

2. the expenditure in part 1 above, be charged to Budget Item “CouncilHouse”.




Against: Nil

38/02 NEW AIR-CONDITIONING SYSTEM - SHOP 1, PIER STREETCARPARK

BACKGROUND:


Shop 1 at the City’s Pier Street Carpark was leased to Anthony Shiel from 1 May2001 for the establishment of a lunch bar, trading as “Bagel Sensation”. Due toother business commitments, Mr Shiel paid rent for several months before he foundtime to set up his new business, which opened in mid-November 2001.

Complaints about the transmission of cooking odours through the common air-conditioning system were received from the other traders in the building, fromopening day. At the same time, Mr Shiel’s staff has found that the existing air-conditioning is unable to cope with the heat load generated in the lunch bar, due tocooking and the need to keep the front doors open.



The City’s mechanical services consultant has investigated these issues and hisrecommendation is to replace the existing common air-conditioning system withseparate split air-conditioning systems to each shop.

While implementation of that recommendation can wait until funding is allocated aspart of the city’s normal budget process for shops 2 to 5, the consultant hasrecommended that a separate air-conditioning system be installed in the lunch bar asa matter of priority.


LegislationLocal Government Act 1995 Section 6.8 (1) (b):A local government is not to incur expenditure from its municipal fund for anadditional purpose except where the expenditure is authorised in advance byresolution.An absolute majority decision is required.

DETAILS:

The consultant was instructed to prepare a specification of the new air-conditioningsystem for the lunch bar, and to obtain three written quotations to supply and installthe system specified, in compliance with the City’s purchasing policy.

The following quotations were obtained:

Action Air Conditioning Services Pty Ltd $8,480.00Trane Australia $8,658.18Aocara Services Pty Ltd $10,863.64

Acceptance of the lowest quote is proposed.


ACCOUNT NO: Not yet establishedBUDGET ITEM: None existsBUDGET PAGE NUMBER: N/ABUDGETED AMOUNT: $nilAMOUNT SPENT TO DATE: $nilPROPOSED COST: Approximately $9,080 ($8,480 + $600

consultants fees)BALANCE: -$9,080

ANNUAL MAINTENANCE: Approximately $300



It is proposed that the unbudgeted expenditure of approximately $9,080, disclosedabove be funded from savings in budget item “Replace Airconditioning Unit, CitiplaceCommunity Centre”, shown below.

ACCOUNT NO: CW05170BUDGET ITEM: Replace air conditioning unit, Citiplace

Community CentreBUDGET PAGE NUMBER: 18BUDGETED AMOUNT: $150,000AMOUNT SPENT TO DATE: $121,195 ($74,700 Citiplace a/c + $46,495

re-allocated to Aherns Garage)PROPOSED COST: $9,080BALANCE: $19,725


COMMENTS:

While the lunchbar has brought problems with the existing air-conditioning system toa head, the system was installed when the property was constructed in 1983 and, inany event, it has reached the end of its economic life.

Approval is therefore sought to initiate the first stage of the consultant’srecommendations, by installing a separate air-conditioning system on shop 1 at thePier Street Carpark, immediately.

Moved by Cr Sutherland, seconded by Cr Davidson

That the Council:-

1. APPROVES BY AN ABSOLUTE MAJORITY the unbudgetedexpenditure of $8,480 plus consultant’s fees of approximately $600exclusive of GST, to install a separate split air-conditioning systemto shop 1 at the Pier Street Carpark;

2. notes that the unbudgeted expenditure in part 1 above can beaccommodated from savings in Budget Item “Replacement of Air-conditioning Unit, Citiplace Community Centre”.



For: The Lord Mayor, Crs McEvoy, Davidson, MacGill, Scaffidi,Sutherland, Stroud and Tudori

Against: Cr Tan



39/02 PURCHASE OF LOT 220 ROYAL STREET, EAST PERTH

BACKGROUND:


At its meeting held on 13 February 2001, it was resolved:-

“That the Council:-

1. approves in-principle the development of a town square on lot 220 Royal Street,East Perth;

2. approaches the East Perth Redevelopment Authority (EPRA) to acquire the landfor the purposes of developing a town square;

3. relinquishes the lease on the Royal Street Ground Level Carpark at the earliestopportunity;

4. lists for consideration funding to acquire the land and develop the town square inthe capital works budget for 2001/2002”.

At its meeting held on 13 March 2001, it was resolved:-

“That the Council:

1. supports the lodgement of an application by the East Perth RedevelopmentAuthority for Western Australian Government Railways Lease No 6597 over“Belvidere Carpark” Victory Terrace, East Perth to be assigned to the City of Perthfor continuation of the short term public carpark conducted on the site;

2. advises the East Perth Redevelopment Authority that part 1. above is not enteredinto with any commitment to maintain the “free” status of the carpark, as theintroduction of parking fees may be a useful management tool to resolve thedemand for parking in the area, in the future;

3. requests the East Perth Redevelopment Authority to transfer the following freeholdground level public carparks to the City of Perth at no cost, in consideration for theliberation of the “Dobbie Dico” site for development, as a consequence of theconstruction of the Regal Place multi-storey carpark by the City:-

Lot 70 Haig Park Circle, East Perth;Lot 51 Saunders Street, East Perth;Lot 220 Royal Street, East Perth;



4. advises the East Perth Redevelopment Authority that it will operate Lot 70 HaigPark Circle and Lot 51 Saunders Street as public carparks, but that it wishes todevelop Lot 220 Royal Street as a “Town Square”;

5. authorises the Lord Mayor and the Chief Executive Officer to enter into theassignment of lease set out in part 1. Above”.

At its meeting held on 22 May 2001, the Council resolved:-

“That the Chief Executive Officer be authorised to submit tenders to the East PerthRedevelopment Authority in respect of its carpark tender closing 28 May 2001.”

At its meeting held on 11 September 2001, it was resolved:-

“That the:-

1. Council declines the offer from the East Perth Redevelopment Authority dated 30August 2001;

2. City’s tenders dated 28 May 2001 remain open until 30 September 2001, foracceptance of all, or any of them.”


LegislationLocal Government Act 1995 Section 6.8 (1) (b):A local government is not to incur expenditure from its municipal fund for anadditional purpose except where the expenditure is authorised in advance byresolution.An absolute majority is required.

Strategic PlanKey Result Area: EnvironmentObjective No: EN2.6 Objective: Plan, integrate and implement sustainable

development for Perth to ensure its liveability.Strategy: Recognise and protect Perth’s long established

emphasis on open space as an essentialingredient of the City’s quality of life.

DETAILS:

The covering letter to EPRA with the City’s tender for the subject land included thefollowing advice:

“The City has submitted conforming tenders for Lot 51 Saunders Street, and Lot 70Haig Park Circle. However, our tender for Lot 220 Royal Street, non-conforming, in



that it is made conditional upon planning approval being obtained from EPRA withinninety days of acceptance, to permit development of this land as a “Town Square”, inaccordance with the attached excerpt from the Council Minutes of 13 March 2001,which was conveyed to you on 22 March 2001.

The Authority has indicated directly and through the selling agent, Burgess Rawson(WA) Pty Ltd, that the City’s non-conforming tender for Lot 220 Royal Street, will beconsidered.

The City has tendered a sum which in its opinion represents market value for Lot 51Saunders Street. However, a nominal sum of $1 each has been tendered for Lot220 Royal Street and Lot 70 Haig Park Circle, in consideration of the City purchasingthe Site at full market value and developing a multi- storey carpark on Lot 221 RegalPlace, liberating the “Dobbie Dico” site which was originally to be developed as amulti-storey carpark by the Authority. The City’s actions not only saved the Authoritythe substantial development cost involved in a multi-storey carpark ($6 million wasexpended on Regal Place), but it also liberated the “Dobbie Dico” site for subdivisionand sale.”

On several subsequent occasions EPRA has indicated that it would recommend forits board to accept a revised proposal for the City to acquire all three lots as a parcel,for the sum of $500,000. Consideration was given to this suggestion untildocumentary evidence was found to substantiate the above advice.

By letter dated 30 August 2001, EPRA has again asked the City to reconsider itstenders. Their stated position is that, “subject to board approval, EPRA is preparedto:

• accept the (City’s) tender of $370,000 for Lot 51 Saunders Street; • discount the market value of lots 220 Royal Street and Lot 70 Haig Park Circle to

$130,001; and • work with the City to develop its “town square” proposal for Lot 220 Royal Street”

EPRA subsequently accepted the City’s tender to purchase Lot 51 Saunders Street,East Perth for parking purposes, for the sum of $370,000. Settlement of thatpurchase was effected on 8 November 2001.

By letter dated 19 December 2001, EPRA has now advised that:

“At its meeting held on 17 December 2001, EPRA’s Board resolved to approve an“off market” sale of Lot 220 Royal Street, East Perth to the City of Perth.

The Board agreed the land should be sold to the City for $1.00 subject to thefollowing conditions:



a) It is to be developed as a Town Square within two (2) years of the date ofsettlement. In this regard, public comment on the changed land use will need tobe sought by EPRA as it affects the amenity of the area for the local community;

b) a memorial is to be placed on the Certificate of Title to the effect that the land’s

use is restricted to that of a Town Square; and c) in the event that the City wishes to on-sell in the future, the land must be offered

back to the Government (EPRA) for $1.00 in the first instance.”

In the same letter, EPRA has advised that the City’s tender for the carpark at Lot 70Haig Park Circle has not been accepted and that the property will be placed on themarket for sale by private treaty.


ACCOUNT NO: 131 319 0000BUDGET ITEM: PPM AdministrationBUDGET PAGE NUMBER: 15BUDGETED AMOUNT: $1,337,021AMOUNT SPENT TO DATE: $419,925.58PROPOSED COST: $1.00 + $1,500 estimated legal feesBALANCE: $915,594.42

ANNUAL MAINTENANCE: As the Town Square has not been designed,no estimate is available.


COMMENTS:

It is considered that the conditions set by EPRA for the City’s purchase of Lot 220Royal Street, East Perth are consistent with the Council’s objective to develop it as aTown Square. Acceptance is recommended.

The purchase of this land was not included in the City’s 2001/02 budget. It isproposed that it be funded from the administration account for the PropertyManagement Unit. An absolute majority decision is required.

Further, it is considered that the decision by EPRA not to accept the City’s tender forthe carpark at Lot 70 Haig Park Circle, East Perth and to place the property on themarket for sale by private treaty does not frustrate the City’s carpark managementstrategy for East Perth to a degree which would warrant reconsideration of theposition previously adopted.



The likelihood of this carpark passing into private ownership is not considered torepresent an unacceptable threat to the future of the City’s multi-story carparkopposite.


That the Council:-

1. accepts the offer from the East Perth Redevelopment Authority tosell lot 220 Royal Street, East Perth to the City of Perth for $1.00 onthe following conditions:-

1.1. the land is to be developed as a Town Square within two (2)years of the date of settlement, subject to the formal processto be followed by EPRA to approve the proposed change ofuse, including public consultation;

1.2. a memorial is to be placed on the Certificate of Title to theeffect that the land’s use is restricted to that of a Town Square;

1.3. in the event that the City wishes to on-sell in the future, theland must be offered back to EPRA or the State Government ifEPRA no longer exists, for $1.00, in the first instance;

2. APPROVES BY AN ABSOLUTE MAJORITY the unbudgetedexpenditure in part 1 above, to be funded from the operating budgetfor the Property Management Unit;

3. notes that its tender to purchase Lot 70 Haig Park Circle, East Perthhas not been accepted, and that EPRA has resolved to place theproperty on the market for sale by private treaty.




Against: Nil



40/02 RENT REVIEW - FORREST PLACE LOADING DOCK ANDSTORAGE AREAS

BACKGROUND:

FILE REFERENCE: P1002994RESPONSIBLE DIRECTOR: Gary Dunne, Director Service UnitsDATE: 2 January 2002

The City rents two storage areas within the raised section of the Forrest PlaceLoading Dock in addition to 15 car parking bays at the southern end of the LoadingDock. The tenancy details are summarised below:

Property Lessee Aream2

MonthlyRental

NextReview

LeaseTerm

Storage AreaA

Terau Pty Ltd t/aSkiva

50 $437.50 1.1.02 Monthly

Storage AreaB

Walkabout Souvenirs 50 $437.50 1.1.02 Monthly

Storage AreaC

Vacant 56 $0 N/A N/A

Car Bay No 1 Alex Negoescu(Forrest PlaceDental)

$280 1.1.02 Monthly

Car Bay No 2 McDonalds AustraliaLimited

$280 1.1.02

Car Bay No 3 Terau Pty Ltd t/aSkiva

$280 1.1.02 Monthly

Car Bay No 4 Bayswater NomineesPty Ltd

$350 1.1.02 Monthly

Car Bay No 5 Bay Choice HoldingsPty Ltd

$280 1.1.02 Monthly

Car Bay No 5A Coles Myer Limited $350 1.1.02 Monthly

Car Bay No 5B Ken De Burg $280 1.1.02 MonthlyCar Bay No 6 Mrs W Kuper $280 1.1.02 MonthlyCar Bay No 7 Coles Myer Limited $350 1.1.02 MonthlyCar Bay No 8 Ken De Burg $280 1.1.02 MonthlyCar Bay No 9 City of Perth

(Councillors)$0 N/A N/A

Car Bay No 10 High Speed Electrics $280 1.1.02 MonthlyCar Bay No 11 Tony Barlow $280 1.1.02 MonthlyCar Bay No 12 Walkabout Souvenirs $320 1.1.02 MonthlyCar Bay No 13 Tony Barlow $280 1.1.02 Monthly

$5,045.00



At its meeting held on 12 December 2000, it was resolved:

“That the Council agrees to increase the:-

1. storage rentals in the Forrest Place Loading Dock to $105 per square metreplus GST for the period 1 January 2001 to 31 December 2001;

2. rental for those car parking bays in the Forrest Place Loading Dock which arepresently let at $260 per month to $280 per month plus GST for the period 1January 2001 to 31 December 2001”.


Policy Rent reviews are essentially determined by reference to the covenants of theindividual lease.

Strategic PlanKey Result Area: EconomyObjective No: E1 Objective: A financially healthy City

Strategy: E1.3 Income maintenance and growth

DETAILS:

The 2000 rent review for the storage areas and the permanent car bays in theForrest Place Basement was conducted by independent valuers Christie WhyteMoore. It was considered to be appropriate to again seek the advice of ChristieWhyte Moore in the 2001 review.

The relevant excerpt from their report dated 12 December 2001 is reproduced below:

“It is our opinion the Market Rental of the basement car bays situated within ForrestPlace is equivalent to $295 (Two hundred and ninety five dollars) per bay percalendar month and the storage areas is $100 (One hundred dollars) per squaremetre per annum net of outgoings and GST.”

Three of the parking tenants pay in excess of the recommended new parking rental.It is proposed that those rents remain unaltered.

The occupied storage areas are presently let at $105 per square metre per annum.


INCOME:ACCOUNT NO: 1312076521BUDGET ITEM: Other Community Amenities (Loading Dock

Forrest Place)



BUDGET PAGE NUMBER: 3BUDGETED AMOUNT: $60,540AMOUNT RECEIVED TO DATE: $30,270ACTUAL INCOME: $61,440

COMMENTS:

It is recommended that the following rentals be applied to commercial users withinthe Forrest Place loading dock for the review period 1 January 2002 to 31 December2002:

• Storage Areas - to remain at $105/m2 per annum

• Permanent Car Bays - those bays which are presently let at $280 per month($3,360 per annum) be increased to $295 per month($3,540 per annum) plus GST. The charge for thosebays which are rented at higher sums should remainunaltered.

Moved by Cr McEvoy, seconded by Cr Scaffidi

That the Council:-

1. leaves the rentals payable for the storage areas in the Forrest PlaceLoading Dock at $105.00 per square metre per annum exclusive ofGST for the period 1 January 2002 to 31 December 2003;

2. increases the rental for those parking bays in the Forrest PlaceLoading Dock which are presently let at $280 per month exclusive ofGST to $295 per month exclusive of GST for the period 1 January2002 to 31 December 2003.




Against: Nil



41/02 EXTENSION OF LEASE - CULTURAL CENTRE CAR PARK

BACKGROUND:


At its meeting held on 19 October 1970, it was resolved that:-

“The Council agree in principle to manage and operate parking facilities within PerthCultural Centre”.

At its meeting held on 16 September 1978, it was resolved:-

“That a lease be prepared providing for the Council to operate the car park on a norental basis”.


Strategic PlanKey Result Area: EconomyObjective No: E1 Objective: A financially healthy City.

Strategy: Develop strategies for the future throughincome maintenance, diversity and growth.

DETAILS:

The lease held by the City over the Cultural Centre Carpark was for a term of 21years, commencing 1 January 1980 and expiring 31 December 2001. It containedan option to renew the lease for a further term of 21years, from 1 January 2002 until31 December 2022.

Due to the importance of this property to the City, the option of renewal wasexercised by the Chief Executive Officer.

Rental was not payable in the first 21 year term in consideration of capital fundingfrom the City of Perth. However, the lease provides for 25% of the audited netincome from the carpark to be paid to the State Government as rental, during theoption period.

Rent is to be paid in arrears, on 1 December each year. The first payment is to bemade on 1 December 2002, for the period 1 January 2002 to 30 June 2002.




ACCOUNT NO: 09110000BUDGET ITEM: Parking Facilities Multi Storey Car Park

OperationsBUDGET PAGE NUMBER: 13BUDGETED AMOUNT: $5,558,987 (this property $ 382,990)AMOUNT SPENT TO DATE: $161,952 (this property)PROPOSED COST: $1000 (estimated Legal fees)BALANCE: $220,038 (this property)


INCOME:ACCOUNT NO: 09110000BUDGET ITEM: Parking Facilities Multi Storey Car Park

OperationsBUDGET PAGE NUMBER: 5BUDGETED AMOUNT: $8,731,234 (this property $770,055)AMOUNT RECEIVED TO DATE: $428,768 (this property)ACTUAL INCOME: $857,500 (this property)

COMMENTS:

It is recommended that the Council endorses the action taken by the Chief ExecutiveOfficer, to exercise the City’s option to renew its lease over the Cultural CentreCarpark.

Moved by Cr McEvoy, seconded by Cr MacGill

That the Council endorses the action taken by the Chief Executive Officerto exercise the City’s option to extend the lease from the Minister forHousing and Works over the Cultural Centre Car Park for 21 years from 1January 2002 to 31 December 2022.




Against: Nil



42/02 LEASE - 52 AND 54 SHORT STREET, PERTH -AUSTRALIAN RED CROSS SOCIETY (WESTERNAUSTRALIAN DIVISION)

BACKGROUND:

FILE REFERENCE: P1012454RESPONSIBLE DIRECTOR: Garry Dunne, Director Services UnitsDATE: 2 January 2002

At its meeting held on 11 September 2001 it was resolved:-

“That the Council authorises:-

1. the advertising of a business plan dated 9 September 2001, pursuant toSection 3.59 of the Local Government Act 1995, disclosing details of the City’sintention to purchase land at 52 and 54 Short Street, Perth ;

2. the Chief Executive Officer to submit an expression of interest to theAustralian Red Cross Society, through King Street Realty, as part of a tenderprocess closing 14 September 2001, outlining the City’s proposal to purchaseits land at 52 and 54 Short Street, Perth, subject to there being no sustainableobjection as a result of advertising the business plan in 1 above”.

At its meeting held on 27 November 2001 the Council resolved:-

“That BY AN ABSOLUTE MAJORITY the Council:-

1. notes that no submissions were received as a result of the 22 September 2001advertisement of a business plan dated 27 August 2001, pursuant to Section3.59 of the Local Government Act 1995, disclosing details of the City’s intentionto purchase land at 52 and 54 Short Street, Perth;

2. adopts the business plan in part 1 above;

3. authorises the unbudgeted expenditure of $875,000; plus conveyancing costsfrom the Parking Facilities Development Reserve to purchase 52 and 54 ShortStreet, Perth from the Australian Red Cross Society (Western AustraliaDivision);

4. authorises the Lord Mayor and the Chief Executive Officer to finalise thepurchase of 52 and 54 Short Street, Perth for $875,000”.




Legislation Local Government Act 1995Section: Section 3.58

Under Section 3.58 of the Local Government Act 1995, the Council is obliged togive a minimum of 14 days notice of its intention to enter into a lease by privatetreaty in a newspaper freely circulating in the district, inviting submissions from anyinterested party, which must then be considered by the Council, before thetransaction can be finalised.

The Council at its meeting held on 22 May 2001 delegated authority for the ChiefExecutive Officer to finalise any property disposition administratively, where thereare no public submissions received as a result of advertising, and where thetransaction does not exceed any dollar limitation which might be set by the Council.

Strategic PlanKey Result Area:EconomyObjective No: E1 Objective: A financially healthy City.

Strategy: Develop a comprehensive AssetManagement Strategy.

DETAILS:

The Australian Red Cross Society (Western Australian Division) has offered to leaseback this property on a monthly tenancy from settlement, which occurred on 5December 2001. It has offered a rental of $2,500 per month inclusive of outgoings,plus GST, which is the estimated market rental value placed on the property byCouncil Officers.

This proposal is to assist the Red Cross whilst it finalises contractual arrangementswith the Department of Veterans Affairs, for whom it provides equipment hireservices.

It is recommended that the Council endorses the action taken by the Chief ExecutiveOfficer to advertise the City’s intention to enter into this tenancy. The advertisementappeared in the Local Government Notices section of The West AustralianNewspaper on Saturday 29 December 2001.



INCOME:ACCOUNT NO: 12427000-6521BUDGET ITEM: Parking Property IncomeBUDGET PAGE NUMBER: 5



BUDGETED AMOUNT: $756,777 ( this component $0)AMOUNT RECEIVED TO DATE: $nil (this component)ACTUAL INCOME: $10,000 (this component, assuming that the

property is occupied 5.12.01 - 5.4.02)

COMMENTS:

The proposed lease will deliver holding income to the City while planning approval issought for conversion of the building to a secure parking facility. A separate reportwill be prepared on this matter.


That the Council:-

1. endorses the action taken by the Chief Executive Officer to advertisethe City’s intention to lease 52 and 54 Short Street, Perth to theAustralian Red Cross Society (Western Australian Division) on amonthly tenancy from 5 December 2001 at a rental of $2,500 permonth inclusive of outgoings, exclusive of GST, on the followingterms and conditions:-

Approved use:Vehicle parking and warehouse;

Insurance:The Lessees shall hold a public liability insurance policy with areputable insurer for not less than $5 million for any one claim, duringthe term of this lease and any extension;

Documentation:The lease to be documented in the City’s standard lease in letter form,with the stamp duty assessed on the agreement to be paid by theLessee.

2. notes that no submissions were received as a result of advertising onthe 29 December 2001;

3. authorises the Lord Mayor and the Chief Executive Officer to finalisethe lease in part 1 above.






Against: Nil

43/02 LICENCE TO OCCUPY RAILWAY LAND, WELLINGTONSTREET, PERTH

BACKGROUND:


The strip of landscaped land at 356-376 Wellington Street, Perth on the eastern sideof the Barrack Street bridge, is part of the railway reserve which adjoins the City’sland holding at 324-354 Wellington Street, Perth. The City’s landholding is thebalance remaining following a widening of Wellington Street prescribed in City ofPerth Local Law No. 71 - Building Line.

The City has maintained the landscaping on this portion of Wellington Street,including the section on railway land, since 1987. In order to regularise this situation,WAGRC has requested that the City take its land on licence on similar terms andconditions as applies in an existing agreement between the City of Perth andWAGRC for a lease of railway land for landscaping purposes in Roe Street,Northbridge.


LegislationSection 278 of the Local Government Act 1960 provided that “A Council, for thepurpose of carrying out a work or undertaking which it is authorised by law to carryout, but not otherwise, may, in the name and on behalf of the municipality take landon lease for any term and subject to such covenants and conditions as it thinksreasonable and may pay such rent, and such premium, if any, as is agreed upon,out of the municipal fund or any other money properly applicable”.

That section of the Act was repealed in schedule 9.2 of the Local Government Act1995, and the new act has no clear equivalent. However, it is considered to be asound principle for the Council to hold some form of freehold or leasehold interest inany property for which it assumes maintenance responsibility.

Strategic PlanKey Result Area: Environment



Objective No: EN1 Objective: Natural environment Protect and enhancePerth’s natural environment.

Strategy: Develop natural resource protection andenhancement plans.

DETAILS:

The WAGRC has provided a draft licence document for consideration by the City.

The general terms of the licence are considered to be satisfactory. It will assign theinsurance responsibility for the landscaped area on the eastern side of the BarrackStreet bridge to the City, and it will record the City’s desire to continue to maintain thegarden along the northern side of Wellington Street, Perth.

The draft licence covers 1060 square metres of WAGRC land on the northern side ofWellington Street, between Barrack Street and Stirling Street, Perth, depicted onWAGRC Licence Plan No. 6929. It is for the purpose of maintaining roadsidegardens and landscaping for the period 1 February 2002 to 31 January 2012, subjectto termination by six months notice if the land is required for railway or othertransport purposes.

It is recommended that the Council enters into the new licence as proposed.


ACCOUNT NO: 131 319 7210BUDGET ITEM: PPM AdministrationBUDGET PAGE NUMBER: 15BUDGETED AMOUNT: $1,337,021 (legal fees $14,000)AMOUNT SPENT TO DATE: $421,022PROPOSED COST: $700 (estimated legal costs)BALANCE: $915,299

The cost of maintaining the landscaping on this section of the railway reserve will notbe affected by the proposed formalisation of the City’s involvement in the site.


(Cr Scaffidi disclosed an interest, took no part in discussion and did not voteon this item)

Member Nature of InterestCr Scaffidi Proximity

Cr Scaffidi departed the Chamber at 7.40pm



Moved by Cr McEvoy, seconded by Cr Stroud

That the Council agrees to take a licence from the Western AustralianGovernment Railways Commission (WAGRC) to occupy approximately1060 square metres of WAGRC land on Wellington Street, betweenBarrack Street and Pier Street, Perth for landscaping purposes, on thefollowing terms and conditions:-

Term:Ten years commencing 1 January, 2002 and subject to six (6) monthsnotice of termination if required for railway and/or other transportpurposes;

Rent:$1.00 per annum, payable on demand;

Outgoings:The City shall be responsible for all outgoings in respect of the licencedarea;

Costs;The City shall be responsible for the reasonable legal costs forpreparation of the licence.

Motion to defer

Moved by Cr Tudori, seconded by Cr Davidson

That the item relating to Licence To Occupy Railway Land, WellingtonStreet, Perth, be deferred.



For: The Lord Mayor, Crs McEvoy, Davidson, MacGill, Sutherland,Stroud, Tan and Tudori

Against: Nil

Cr Scaffidi returned to the Chamber at 7.42pm



44/02 TELECOMMUNICATIONS TOWER LICENCE – MT ELIZARESERVOIR, KINGS PARK

BACKGROUND:


The existing licence between the City of Perth and the Water Corporation for theCity’s two-way radio repeater station mounted on the telecommunications tower atthe Mt Eliza Reservoir commenced in March 1991 and expired in February 1993.The City has been holding over on the terms and conditions of the originalagreement since expiry.

The present licence fee is $1,500 per annum, plus GST.


Strategic PlanKey Result Area: EconomyObjective No:E1 Objective: E1.3 Asset management.

Strategy: Develop a comprehensive AssetManagement Strategy.

DETAILS:

The Water Corporation has offered to update the site licence over this facility with anew agreement which reflects its responsibility to ensure proper “public liability”measures and to substantiate commercial returns to its shareholders for use of thisproperty. It has offered the following terms:

Term 5 years with 5 year option.

Commencement date 1 January 2002.

Licence Fee $4,000 per annum with a 3% annual increase, plusGST.

Legal Standard legal documentation fees are approximately$550.00.

Acceptance is proposed.




ACCOUNT NO: 135 326 7903BUDGET ITEM: Transport - Plant Operations.BUDGET PAGE NUMBER: 15BUDGETED AMOUNT: $2,483,430AMOUNT SPENT TO DATE: $1,216,127 ($8,503 this item)PROPOSED COST: $4,550BALANCE: $1,262,753


COMMENTS:

Although use of the City’s two-way radio system has fallen in recent years due to therise of mobile telephone usage, continued use of the two-way is anticipated in themedium term.

It is therefore recommended that the Council agrees to enter into a new licenceagreement with the Water Corporation for shared use of the telecommunicationstower located on the Mt Eliza Reservoir in Kings Park.


That the:-

1. Council agrees to enter into a licence from the Water Corporation forthe shared use of the telecommunications tower located on the MtEliza Reservoir, for a term of five years from 1 January 2002 with anoption for renewal for a further five years term, and a licence fee of$4,000 per annum exclusive of GST, indexed by 3% annually;

2. expenditure in part 1 above be charged to Budget Item “Transport -Plant Operations”.




Against: Nil



45/02 RETURN OF PART LOTS 42-54 ARDEN STREET, EASTPERTH

BACKGROUND:


The Minister for Planning and Infrastructure has written to the City advising thatCabinet has endorsed a recommendation to fulfil its pre-election commitment toreturn the land resumed by the East Perth Redevelopment Authority to the City ofPerth, on the condition that it remains as public open space.

The Minister expects the City to withdraw its claim for compensation lodged withEPRA on 12 June 2001, in consideration of re-conveyance of the land.

This report examines the most suitable means of meeting these conditions.

The City originally held freehold title over part lots 42-54 Arden Street, inclusive, pluspart Lot 9 Arden Street. The land comprised 13,725 square metres in aggregate,with a total frontage of 156 metres to Arden Street, a 107.62 metre frontage to NileStreet; and frontage to a Water Authority sewer easement adjoining the riverforeshore reserve.

At the Annual General Meeting of Electors of the City of Perth on 19 November1998 the following resolution was adopted:-

“That the Council reconfirm its previously stated commitment that land adjacent toArden Street will not be developed, but be retained as public open space”.

At its meeting held on 22 June 1999, it was resolved:-

“That the Council:-

(i) retains Lots 42-54 and Part Lot 9 Arden Street, East Perth for public openspace/recreation purposes;

(i) advises the East Perth Redevelopment Authority of (i) above.

At its meeting held on 14 December 1999, it was resolved:-

“That the Council advises the East Perth Redevelopment Authority that it hasconsidered the revised structure plan for the City’s Arden Street land as detailed onJones Coulter Young plan No. Sp9 of 7 October 1999 and:-



(i) reconfirms its previously stated commitment that land adjacent to Arden Streetwill not be developed, but retained as Public Open Space;

(ii) actively pursues the establishment of recreational facilities on the land on theriverside of, and adjacent to, Arden Street.”

By notice dated 12 December 2000, the Department of Land Administration advisedthat it had received a taking order over a 7,166 square metre section of part Lots 42to 54, effective from 20 December 2000.

Compensation for land taken under the East Perth Redevelopment Authority Act isdetermined under the provisions of the Land Administration Act 1997. Section 207requires the party from whom land has been taken to submit a claim forcompensation not later than six months after registration of the relevant taking order.In compliance with that requirement, the City lodged a claim of $5,093,500 on12 June 2001.

In the absence of an offer of compensation within 120 days of lodgement of theclaim, the City is entitled to institute an action for compensation against EPRA, afterit has first given thirty days written notice of its intention to do so.


Legislation Land Administration Act 1997Section 221(1): If an acquiring authority fails to serve on a claimant an offer ofcompensation within 120 days after the relevant day, the claimant may either -

(a) institute an action for compensation against the acquiring authority; or(b) refer the claim for the compensation to the Compensation Court.

Section 223(2): A claimant may not commence proceedings unless he or she hasgiven the acquiring authority 30 days notice.

Section 223(3): If a person is entitled to bring an action for compensation under thisPart, the action may be commenced and maintained in a court of competentjurisdiction and is to be heard and determined in the same manner as ordinaryactions, with ordinary rights of appeal in regard to the amount of compensationawarded or to any question of law or fact or of mixed law and fact, except that noquestion is to be determined by a jury.

DETAILS:

There are two issues to be considered:

1. The nature of the title to be returned to the City;

2. Withdrawal of the compensation claim against EPRA.



The nature of the title to be returned to the City

There are four obvious ways in which EPRA could return the resumed land to theCity, with confidence that it would be preserved as public open space:

a) Amend the EPRA Redevelopment Scheme to classify the land as public openspace (in effect including the land in Precinct 10, Riverbank of the EPRARedevelopment Scheme )and re-transfer the freehold

b) Amend the EPRA Town Planning Scheme to classify the land as public openspace and re-transfer the freehold, encumbered with a memorial to record thevoluntary restriction of the land use to public open space;

c) Remove the land from the Transfer of Land system and establish it as aseparate crown reserve, with a management order to the City of Perth, forrecreation purposes only;

d) Seek an amendment to the Metropolitan Region Planning Scheme to classifythe land as public open space and re-transfer the freehold, with or without amemorial on the title.

Option a) is favoured, because that would restore the City to its former position;having a public commitment to retain the land for recreation purposes, but retaining afreehold interest which might provide other options in the future.

Option b) is considered to place an unacceptable restraint on any alternative use, orintensification of use, that a future Council may wish to contemplate. It is submittedthat the public consultation required to achieve any re-classification under either theEPRA or the City of Perth Town Planning Schemes should provide the communitywith the appropriate level of protection.

Option c) is considered to be unworkable, as the City would still own the mostimportant part of the land (from a recreation perspective), adjacent to the river, infreehold title, gazetted for residential development. Further, it would not restore theCity to the position it previously held, with the options for the future, no matter howremote they may now appear.

Option d) is unlikely to be supported by the Department of Planning andInfrastructure, because the subject land has no regional significance. It is also notconsidered to be acceptable to the City.

Withdrawal of the compensation claim against EPRA

If the land is to be returned to the City in the form it was taken: that is, inunencumbered freehold estate, it is appropriate to withdraw the compensation claimagainst EPRA.

However, if the land is to be returned in any other form, it is considered that it wouldbe necessary to seek some appropriate level of financial compensation.



COMMENTS:

In view of the history of this matter, it is considered to be prudent to set a time limitfor completion of any agreement the Council might wish to make with EPRA, and toreserve the right to pursue the outstanding claim for compensation, in the event thatthe project is not completed within this time-frame.


Income from this source has not been included in the 2001/02 draft budget, due tothe possibility that a political solution may be found and that the City’s claim forcompensation may need to be withdrawn, in time.

It was therefore recommended that the Council advises the East PerthRedevelopment Authority (EPRA) and the Minister for Planning and Infrastructurethat:-

1. it will withdraw its claim for compensation dated 12 June 2001 against EPRAupon the re-transfer to the City of Perth of a freehold estate in part Lots 42 to54 Arden Street, East Perth, for no monetary consideration;

2. it supports the inclusion of the subject land, along with the un-resumed portionof these lots, within Precinct 10 of the East Perth Redevelopment Scheme,prior to the re-transfer in part 1, above;

3. this agreement is given without prejudice in respect of the City’s compensationclaim against EPRA and the right to pursue the claim is reserved, if the processin parts 1 and 2 above is not completed in full by 30 September 2002.

Moved by Cr Scaffidi, seconded by Cr Tan

That the Council advises the East Perth Redevelopment Authority (EPRA)and the Minister for Planning and Infrastructure that the Council supportsthe amendment of the EPRA Town Planning Scheme to classify the landas public open space and re-transfer the freehold, encumbered with amemorial to record the voluntary restriction of the land use to publicopen space.

Motion to defer

Moved by Cr MacGill, seconded by Cr McEvoy

That the item relating to Return of Part Lots 42-54 Arden Street, EastPerth be deferred.






Against: Nil

46/02 RE-ESTABLISHMENT OF THE FACADE COMMITTEE

BACKGROUND:

FILE REFERENCE: P1016034RESPONSIBLE DIRECTOR: Noelene Jennings, Director Corporate ServicesDATE: 10 January 2002

The Façade Committee was terminated on 31 December 2001. In order for theFaçade Committee to continue meeting the Council must re-establish the committee.

The Facade Committee was established by the Council on 13 March 2001 with atermination date of 30 June 2001.

At its meeting held on 13 March 2001 it was resolved:-

That in accordance with Section 5.8 of the Local Government Act 1995, the CouncilAPPROVES BY AN ABSOLUTE MAJORITY the establishment of the FacadeCommittee with the following guidelines:

1. Role:

To provide advice to the Council in relation to:-

1.1 a programme to encourage selected property owners to upgrade and lighttheir facades;

1.2. lighting of the facade of one prominent building in the City.

2. Membership:The Lord MayorCr ScaffidiCr Goodman

3. Quorum:Two



4. Termination Date:30 June 2001.

The Facade Committee was re-established at the special meeting of the Council heldon 7 May 2001 with the same termination date as that resolved on 13 March 2001,and membership of the Lord Mayor, Crs Scaffidi and Tudori.

The Facade Committee was again re-established by the Council on 24 July 2001with a termination date of 31 December 2001.

At its meeting held on 24 July 2001 it was resolved:-

That in accordance with Section 5.8 of the Local Government Act 1995, the CouncilAPPROVES BY AN ABSOLUTE MAJORITY the establishment of the FacadeCommittee with the following guidelines:-

1. Role:


1.1 a programme to encourage selected property owners to upgrade and lighttheir facades;


2. Membership:

Lord MayorCr ScaffidiCr Tudori

3. Quorum:

Two

4. Termination Date:

31 December 2001.


LegislationSection: 5.8 of the Local Government Act 1995.Strategic PlanKey Result Area: EnvironmentObjective No: EN2 Objective: Plan, integrate and implement sustainable

development for Perth to ensure its liveability.



Strategy: Develop a strategy to ensure the ongoingmaintenance and viability of the City’s places,objects and buildings of heritage significance

Action: Investigate incentive schemesObjective No: EN3 Objective: Promote and support the excellent and unique

living environment of PerthStrategy: Improve street lightingAction: Facilitate the provision of increased shop front

and private property lighting.

DETAILS:

In order to re-establish the Facade Committee, Section 5.8 of the Local GovernmentAct 1995 requires that the Council approves by an absolute majority theestablishment of the Committee.


Administrative support for this committee will be provided from existing resourceswhich currently supports the 13 other committees of the Council.

Moved by Cr Davidson, seconded by Cr Scaffidi

That in accordance with Section 5.8 of the Local Government Act 1995,the Council APPROVES BY AN ABSOLUTE MAJORITY the re-establishment of the Facade Committee with the following guidelines:-

1. Role:-


1.1 a programme to encourage selected property owners toupgrade and light their facades;


2. Membership:Minimum of three members.

3. Quorum:To be determined.

(Cont’d)



4. Termination Date:31 July 2002.




Against: Nil

Cr MacGill disclosed an interest, making her unavailable to sit on thecommittee.

Moved by Cr Stroud, seconded by Cr McEvoy

That the Council APPROVES BY AN ABSOLUTE MAJORITY that CrsDavidson, Scaffidi and Tudori be appointed as members of the FacadeCommittee.




Against: Nil

47/02 HOUSE/SPONSORSHIP AND DONATIONS COMMITTEE -MEETING HELD ON 20 NOVEMBER 2001

BACKGROUND:

FILE REFERENCE: P.1011874/7RESPONSIBLE DIRECTOR: Noelene Jennings, Director Corporate ServicesDATE: 12 January 2002




Legislation: Local Government Act 1995Section: 5.22(2)Strategic PlanKey Result Area: GovernanceObjective No: G1 Objective: To provide good, open and

accountable local government.Strategy: Clarify and communicate the City’s

decision making structure

ROLE AND DELEGATION OF POWER TO:-

• investigate and determine protocols and procedures for Elected Membersincluding the Dining Room, Civic Receptions and Precinct Committees andmake recommendations to the Council on Elected Members’ benefits andallowances.

• assess request for donations and sponsorship made to the Council;

• approve or decline donation or sponsorship requests of $10,000 or less.

DETAILS:

The minutes of the meeting of the House/Sponsorship and Donations Committeeheld on 20 November 2001 are detailed in Schedule 5. It is suggested theunconfirmed minutes be noted.

Moved by Cr Stroud, seconded by Cr Davidson

That the Council notes the minutes of the House/Sponsorship andDonations Committee meeting held on 20 November 2001.




Against: Nil



48/02 BUSINESS OPPORTUNITIES AND SAVINGS COMMITTEE -MEETING HELD ON 23 OCTOBER 2001

BACKGROUND:

FILE REFERENCE: P1013858/2RESPONSIBLE DIRECTOR: Noelene Jennings, Director Corporate ServicesDATE: 17 January 2002

Role and Delegation of Power to:-

• examine proposals for new business opportunities for the City;

• examine proposals leading to further savings for the City;

• recommend to the Council worthwhile proposals which have the potential toachieve new income or savings for the City.

DETAILS:

The confirmed minutes of the Business Opportunities and Savings Committeemeeting held on23 October 2001 are detailed in Schedule 6.


That the Council notes the minutes of the Business Opportunities andSavings Committee meeting held on 23 October 2001.




Against: Nil



49/02 MINDARIE REGIONAL COUNCIL - MINUTES OF ORDINARYCOUNCIL MEETING HELD ON 13 DECEMBER 2001

BACKGROUND:

FILE REFERENCE: P1011112/17RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 5 January 2002

The Mindarie Regional Council is a legally constituted Regional Council formedunder the provisions of the Local Government Act 1995. The mission of the MindarieRegional Council is to provide effective and cost efficient waste disposal consistentwith safe-guarding all environmental elements for the benefit of the constituent localgovernments and their residents, which form the regional district. The constituentlocal governments are the City of Joondalup, City of Wanneroo, City of Perth, City ofStirling, Town of Victoria Park, Town of Vincent and Town of Cambridge.

The Regional Council comprises 12 Councillors, with one representative from theCity of Perth, Town of Cambridge, Town of Victoria Park and Town of Vincent,two representatives from the cities of Joondalup and Wanneroo and fourrepresentatives from the City of Stirling.

The City of Perth’s representative on the Mindarie Regional Council is Cr Sutherland;his deputy is Cr Tan. The Technical Officer representative is the Director ServiceUnits, Garry Dunne.


Strategic PlanKey Result Area: EnvironmentObjective No:2 Objective: Plan, integrate and implement

sustainable development for Perthto ensure its liveability.

Strategy: Provide for the safe handling anddisposal of wastes, minimising riskto public health and theenvironment, and encourage theminimisation and recovery ofwastes generally.

DETAILS:

The major issues of the Ordinary Meeting of the Mindarie Regional Council held on13 December 2001 are detailed below:-

1 There was endorsement of the draft revision of the Mission, Objectives andStrategies for the Strategic Plan, with the final draft for the Mindarie Regional



Council Strategic Plan to be presented to the February 2002 meeting of theCouncil.

2 The Council accepted a tender to purchase a Caterpillar 950G front end loaderfrom Westrac Equipment, at a cost of $325,050 including GST and a trade invalue of $154,000 for CAT 950F.

Whilst this was not the lowest priced tender, it offered the best tender, basedon the Assessment Criteria.

3 The Council accepted a tender to purchase a Caterpillar 966G front end loader

from Westrac Equipment, at a cost of $427,900 including GST and a trade invalue of $178,200 for CAT 966F.

4 There was considerable discussion about siting issues for the proposed

secondary waste treatment facility. The Council decided to hold a workshop onthis issue in February 2002. Information was also provided on the legalstanding of the lease.

The Council resolved to write to the Western Australian Planning Commission to

have the lease for Tamala Park recognised. 5 Meeting dates were set for 2002. The Mindarie Regional Council meeting to be

held at the City of Perth is scheduled for 17 October 2002.


There are no financial implications attached to this report.

COMMENTS:

That the Council notes the Minutes of ordinary meetings of the Mindarie RegionalCouncil held on 13 December 2001, as detailed in Schedule 7.


That the Council notes the Minutes of Ordinary Meeting of the MindarieRegional Council held on Thursday, 13 December 2001.




Against: Nil



50/02 TENDER NUMBER 044-2001/2002 - SUPPLY ANDDELIVERY OF STATIONERY AND OFFICE PRODUCTS

BACKGROUND:

FILE REFERENCE: P1016610RESPONSIBLE DIRECTOR: Noelene Jennings, Director Corporate ServicesDATE: 7 January 2002

The current Agreement for supply and delivery of office stationery to the City of Perthconcludes in February 2002. Tenders were called for the supply and delivery ofoffice stationery over the next two years with a further 12 month option, based on theannual consumption of commonly used stationery products and other OfficeProducts. The Tender closed at 2pm, Thursday 6 December 2001 with National 1submitting the lowest tender price.


PolicyPolicy Name and Number: City of Perth, Policy CS2 – Expenditure, Authorisation,

Annual Item.LegislationSection:Local Government (Functions and General) Regulations 1996 – Tenders forproviding Goods and Services.

DETAILS:

Five tenders were received with the total value as follows:

(1) National 1 $147,154.53(2) Boise Cascade $151,406.29(3) CDM Office $131,998.58(4) Sands & McDougall $164,806.66(5) Corporate Express Prices not submitted

The tender evaluation was based on pricing and in the order of the following criteria:

Criteria 1: Ability to supply all items within time frames required.Criteria 2: On-Line computer ordering system.Criteria 3: Statistical Reports.Criteria 4: Financial Viability.Criteria 5: Performance service reports from clients.

Corporate Express submitted no pricing schedule, therefore were non-conformingand have not been evaluated further.



CDM Office submitted an incomplete pricing schedule for 27 items, and were non-conforming.

Detailed examination of tenders resulted in all tenders except CDM Office andCorporate Express meeting the requirements of the tender.

In assessing the tenders of Boise Cascade and Sands & McDougall, it wasnecessary for comparison purposes to make corrections to the cost of two majoritems decreasing their overall totals, which has subsequently been confirmed byfacsimile.

All submissions presented were of high quality and professional standards, and wereevaluated on the basis of comparison with the tender specification.


Funding provided by each operating unit for 2001/2002.

ACCOUNT NO: VariousBUDGET ITEM: Various UnitsBUDGET PAGE NUMBER: 8-16 Operating StatementsBUDGETED AMOUNT: $222,972AMOUNT SPENT TO DATE: Approximately $75,000PROPOSED COST: $147,154BALANCE: $818


COMMENTS:

It is considered that National 1 fully addressed the tender, including services issues.It should be noted that National 1 is the current supplier and has performed well forthe past three years. A table of the tender prices is attached as Schedule 8.

It is therefore recommended that the tender submitted by National 1 be acceptedand that the commencement date of the contract be February 2002.

Moved by Cr Tudori, seconded by Cr Davidson

That the:-

1. lowest tender, being that submitted by National 1 for two years plusan option for a further 12 months starting February 2002, for thesupply and delivery of office stationery at an estimated annual costof $147,154.23, be accepted;

(Cont’d)



2. expenditure in part 1 above be charged against unit operatingbudgets as it is incurred.




Against: Nil

51/02 FINANCIAL CONTRIBUTION TO CITY ACTIVITIES ANDFACILITIES

BACKGROUND:

FILE REFERENCE: P1015577RESPONSIBLE DIRECTOR: Garry Hunt, Chief Executive OfficerDATE: 9 January 2002

At the Business Opportunities Committee meeting held on 15 January 2002 it wasresolved:-

That the Business Opportunities Committee:-

1. endorses the intent of the draft Financial Contribution to City Activities andFacilities Policy.

2. approves the Chief Executive Officer progressing with the development of theFinancial Contribution to City Activities and Facilities Policy.

Increasingly Local Governments have to focus on finding appropriate alternativeservice delivery mechanisms to achieve their objectives. The growing demand onthe City to do more from income sources, which have marginal growth, will in thelong term, result in a reduction in its ability to maintain or provide for newinfrastructure.

A Financial Contribution to City Activities and Facilities policy for the City of Perth willprovide the Council with the opportunity to set the parameters for which sponsorshipcan be sought. This is distinct from the present policy which deals with sponsorshipsprovided by the City to other organisations. Furthermore, such a policy is required to



ensure that all forms of sponsorship are compatible and consistent with the City’sorganisational direction, as well as all local government statutes.

Elected members considered a draft policy at a briefing session on 5 June 2001 andencouraged the Chief Executive Officer to further develop the policy for adoption bythe Council. The policy has been re-titled Financial Contribution to City Activities andFacilities to avoid confusion with policies to deal with sponsorship provided by theCity to others with a Green Papers being circulated on the 12 December 2001.


Strategic PlanKey Result Area: Economy A financially Healthy CityObjective No: Objective: Income maintenance and Growth –

Develop further strategies for the futurethrough income maintenance, diversityand growth.

DETAILS:

The City Strategic Plan identifies the need to broaden the sources of incomeavailable to the City. A Green Paper was circulated to elected members in 2000 onthe subject of Alternative Financing of Infrastructure.

On 12 April 2001, a Green Paper was circulated to elected members with proposedchanges to the draft policy, (Attached as Schedule 9) proposing the framework for adraft policy. The draft Financial Contribution to City Activities and Facilities Policy.will provide the Council with an opportunity to set the parameters under whichsponsorship can be sought to help finance services and/or capital works of the City.

The City currently receives some sponsorship, for example Lotto Skyworks, whichhas been managed on an as needed basis, and usually with the full involvement ofthe Council. It is proposed that a structured and guided approach to alternativefinancing methods will increase the City’s opportunities for acquiring sponsorship, asit will allow for timely approval within the boundaries set by the Council. It will alsoensure that elected members are involved when necessary.

To manage the programme it will be necessary to establish a Financial Contributionto City Activities and Facilities policy to support the implementation of alternativefinancing arrangements without compromising the integrity of the Council. CapitalCities in other states have been re-contacted to gain an update on their progress.The City of Perth was found to be the only city actively developing a policy of thisnature.

Possible sponsorship possibilities include:

• Malls refurbishment• Increasing sponsorship of marketing and community events• Car Parks



• Esplanade Performance Area• Point Fraser• Museum of Early Childhood• Library At present, methods of procuring funding from non-government organisations areundertaken largely on an ad hoc basis. The implementation of a policy will ensurethat all forms of sponsorship which can be sought to help finance services andcapital works of the City will be consistent, and within the boundaries set by theCouncil. Policy Objective • The objective of this policy is to set out the City’s direction and guidelines with

respect to the corporate sponsorship of City facilities, services, programs andactivities

• It is the intention of the City of Perth to encourage and actively pursueopportunities for the corporate sponsorship of City facilities, services, programsand activities as a means of managing the costs associated with the provisionof quality service to its residents and customers.

Corporate sponsorships shall be used to manage the costs associated with thedelivery of City Projects and applied: -

• to reduce or eliminate the net cost of delivering a project,

• to enhance or expand a City project or the City’s ability to acquire goods, or

• to generate a net increase in revenue without any effect on programming,services or facilities.

The Financial Contribution to City Activities and Facilities policy covers such matters as: • use of sponsorship

• pricing

• solicitation and negotiation

• sponsor recognition

• approval authority

• risk management

• conflict of interest

Contributing Organisations and their Products

The Financial Contribution to City Activities and Facilities policy shall include arequirement that projects are only associated with contributors and products that are



compatible with, complementary to, and reflective of the City’s values and itsmandate including: -

• no sponsorship from tobacco companies;

• no political sponsorship;

• preference for businesses located in the City of Perth.


There are no additional financial implications associated with the development of thispolicy which will be undertaken utilising current resources.

COMMENTS:

The Financial Contribution to City Activities and Facilities Policy will provide theopportunity to not only pro-actively seek sponsorships, but also to respond toopportunities as they arise, particularly when a decision is required at short notice.Having clear policy guide lines will allow the administration of the City of Perth tomake decisions about sponsorship within clear parameters set by the Council, andrefer decisions to the Council as determined by the policy.


That the Council:-

1. endorses the intent of the draft Financial Contribution to CityActivities and Facilities Policy;

2. approves the Chief Executive Officer progressing with thedevelopment of the Financial Contribution to City Activities andFacilities Policy.




Against: Nil



52/02 MOTION OF WHICH PREVIOUS NOTICE HAS BEEN GIVENNil

53/02 REPRESENTATION ON STATUTORY AUTHORITIES ANDPUBLIC BODIES

A. NATIONAL TRUST OF AUSTRALIA (WA) COUNCIL

FILE REFERENCE: P1012540-17

BACKGROUND:

QUALIFICATIONS:Elected Member or Serving Officer with experience and understanding of heritageissues including those found in both the built and natural environment. The personshould be willing to commit at least two hours per week and be able to attendmonthly meetings in Perth. All the work is of a voluntary nature.

TERM:Two years.

COMMENCES:Upon appointment.

REASON FOR VACANCY:Resignation of previous member

NAME OF PRESENT MEMBERS:Cr Jan Star is the interim representative.

MEETING:Monthly.

LOCATION:The Old Observatory4 Havelock StreetWEST PERTH WA 6005

DAY/TIME:Second Monday of each month at 5.30pm.



DURATION:Approximately two hours.

MEETING FEE:No meeting fee or travel expenses paid.

TERMS OF REFERENCE:The National Trust of Australia (WA) Council is the governing body of the Trust,responsible for the enforcement of the By-Lays of the National Trust of Australia(WA) Act, 1964-1970.

COMMITTEE MEMBERSHIP:The Committee will comprise the following representatives:

• Premier/Treasurer nominee

• Senate of UWA nominee

• Royal Western Australian Historical Society nominee

• Royal Australia Institute of Architects (WA) nominee

• Country Women’s Association of Western Australia nominee

• The Tree Society nominee

• Western Australian Local Government Association nominee

• Western Australian Tourist Development Authority nominee

CONTACTS FOR FURTHER PARTICULARS:About the Committee: About the Ballot:

Mr Thomas Perrigo Ms Marianne CareyChief Executive Officer Administration AssistantOr WALGAMs Kymberley HorselyThe National Trust of Australia (WA)08 9321 6088 08 9213 2013

NOMINATIONS:

Nominations close with the undersigned on THURSDAY 24 JANUARY 2002 at4.00PM.

No nominations were received.

B. WA LOCAL GOVERNMENT SUPERANNUATION BOARD



File Reference: P1012540-17

BACKGROUND:

QUALIFICATIONS:Elected Member or Serving Officer with a tertiary qualification in Finance, Economicsor Business and with substantial experience in the financial industry, including sharemarkets and investments. Previous experience as a Company Director would alsobe desirable.

TERM:Four years.

COMMENCES:1 March 2002.

REASON FOR VACANCY:Expiration of term of current Members.

NAME OF PRESENT MEMBERS:Member (Acting): Cr Janet Davidson City of PerthDeputy Member Cr Janet Davidson City of Perth

MEETING:Monthly.

LOCATION:WA Local Government Superannuation Board105 St Georges TcePERTH WA 6000Or a Metropolitan Council

DAY/TIMEFourth Monday of each month at 9.30am.

DURATION:Approximately 4-5 hours.

MEETING FEE:$250 per meeting attendance for members plus a $5,000 pa allowance. A $250 feefor meeting attendance is also paid to the Deputy if attending in place of a member.Travel is also paid in accordance with Public Sector Standards.

TERMS OF REFERENCE:



• The WA Local Government Superannuation Plan Pty Ltd is the Corporate Trusteefor the WA Local Government Superannuation Plan (WALGSP). The WALGSPprovides superannuation coverage for the employees of every Local Governmentin Western Australia and has recently expanded to allow non governmentemployers to joining the fund on the principle of following their clientele.

• The Corporate Trustee, which has equal employer/employee representation, is

responsible for the management for the WALGSP which encompasses the broadareas of administration, life assurance and investment.

COMMITTEE MEMBERSHIP:The Board will comprise three WA Local Government Directors and DeputyDirectors, and membership from the Local Government Unions.

The WALGA representatives will comprise:

• One metropolitan Elected Member Director and Deputy Director• One Country Elected Director and Deputy Director• One Local Government Serving CEO Director and Deputy Director

CONTACTS FOR FURTHER PARTICULARS:

About the Committee: About the Ballot:

Mr Russell Wenban or Ross Taylor Ms Marianne CareyExecutive Officer Administration AssistantWA Local Government Superannuation Plan WALGAPh: 08 9481 5510 Ph: 08 9213 2013

NOMINATIONS:


Cr Davidson nominated herselfCr McEvoy nominated Cr SutherlandCr Tudori nominated Cr Tan


That Crs Davidson, Sutherland and Tan be nominated to fill the vacancyon the WA Local Government Superannuation Board.






Against: Nil

C. DEPARTMENT OF LAND ADMINISTRATION (DOLA)CUSTOMER SERVICE COUNCIL


BACKGROUND:

QUALIFICATIONSElected Member or Serving Officer interested in influencing DOLA’s policies andpriorities, and with some knowledge of technological advances, land use planningand the land registration system.

TERM:Anticipated to be 2 years, subject to current review.

COMMENCES:Upon appointment.

REASON FOR VACANCY:Resignation of previous member.

NAME OF PRESENT MEMBER:Cr Richard Doye – Town of Northam

MEETINGS:Quarterly

LOCATION:DOLA, 1 Midland Square, MIDLAND

DAY/TIME:Second Tuesday of March, June, September and December at 5pm

DURATION:Two hours

MEETING FEE:



Members who are not employed in the Public Sector will be paid the appropriateallowances in recognition of their out of pocket expenses incurred in attendingmeetings.

TERMS OF REFERENCE:The Council provides DOLA’s customer representatives with a forum for discussion,raising of concerns, and feedback, to improve DOLA’s relations with its customers,and to enhance the provision of a quality service that is subject to continuousimprovement. The Council’s focus is on providing advice to DOLA to enhance thequality of its services.

COUNCIL MEMBERSHIP:The Council will have representation from:

• Local Governments (nominated by the WA Local Government Association)

• Surveying industry

• Urban Development Institute of Australia

• Conveyancing, Real Estate and Mining industries

• Landcare, Pastoralism/Farming sectors

• Aboriginal interests

• Other relevant industry group or person

• WALIS

• DOLA representatives nominated by DOLA’s Chief Executive.

CONTACT FOR FURTHER PARTICULARS:About the Committee: About the Ballot:

Mr Chris Williams Marianne CareyChairman Administration AssistantDOLA Customer Service Council WALGAPh: 08 9273 7046 Ph: 08 9213 2013

NOMINATIONS:



D. FINANCE AND SERVICES COMMITTEE




BACKGROUND:

The Association is looking for State Councillors to nominate for positions on theFinance and Services Committee. This offers a great opportunity to work as a smallteam in shaping the future directions of your Association’s successful suite ofservices and its financial management strategies.

The Committee has been established by the Association as a business Board – tomake commercially based decisions (outside of the “political” processes associatedwith policy items submitted to the Executives via Zones and Policy Forums) on theestablishment and development of the Association’s member services units. It alsoplays a key role in adopting our financial policies and strategies and associatedgovernance issues.

It was established out of a continuing need to have an effective and streamlineddecision making structure dedicated to tackling the detailed examination,establishment and ongoing evaluation and marketing of Association commercialservices operations. In so doing, the Committee gives due weight to benefits tomembers and the corporate priorities of the Association as encapsulated in thecorporate objectives for the Association’s Services Programme.

The Committee’s voting membership comprises:

• WA Local Government Association President (Chair)• WA Local Government Association Deputy President• 2 representatives (elected members or officers) from the metropolitan

constituency, at least one of which is to be a member of the State Council• 2 representatives (elected members or officers) from the country constituency, at

least one of which is to be a member of the State Council• WA Local Government Association Chief Executive Officer

The terms of office of the metropolitan and country member representatives coincidewith the two year term of the President and Deputy President

The functions and powers of the WA Local Government Association Finance andServices Committee are as follows:

• Adopt business plans for the Association’s Services Programme which areconsistent with the Association’s Strategic Plan, with ongoing review.

• Establish key performance indicators and set achievable targets for theAssociation’s services units.

• Monitor performance against business plan key performance indicators andtargets.



• Receive and provide feedback on reports from Services Managers disclosingactivities in the context of the Services business plan objectives and strategies.Adopt and review policies relating to financial and asset management.

• Ensure the effective management of the Association’s finances based onaccountable reporting on Income and Expenditure, Debtors and Creditors activity,investment activity and other reporting it deems appropriate.

• Oversee Budget preparations, review the Draft Budget and subscriptions levy andrecommend adoption to State Council.

• Review and implement budget re-allocations (for amounts of up to $7,000 peritem) and make recommendations to State Council on more significant budgetchanges and budgeted expenditures.

• Commit, reallocate and apply Reserve Funds for special purposes withunanimous agreement.

• Make recommendations to State Council on the appointment of Scheme bankers,auditors, investment advisers and other service providers as required.

• Consider and resolve action on all other matters of a services nature as required.

To this end, the following specific powers have been delegated to this Committee onthe basis that regular reports be submitted to the State Council on the activities andmajor decisions of the Committee:

• Adoption of Business Plans for the Association’s Services Programme pursuantto the Association’s Strategic Plan.

• Authorisation to proceed with the establishment of new services/broadening ofexisting services to membership where a satisfactory business case has beendemonstrated and where the proposals are consistent with the WA LGA ServicesProgramme Outcomes as contained within the Business Plan.

• Adoption of policies for the Association’s financial and asset management whichare consistent with the Association’s Objects and Strategic Plan, with ongoingreview.

• Receipt and adoption of financial reports (noting that audited year-end reports arealso required to be presented to membership at Annual Conference).

• Commit, reallocate and apply Reserve Funds for special purposes withunanimous agreement.

• Implement budget re-allocations (for amounts of up to $7,000 per item).

In view of the competitive commercial environment in which some of the Association’sservices units operate, the successful nominees will also be required to signConfidentiality Agreements prior to taking up their appointments.

SELECTION CRITERIAWe are looking for State Councillors who can demonstrate:

• A strategic, business-like approach to the provision of client services.• A good understanding of the services needs of the Local Government sector in

WA.• An ability to understand financial and asset management and business

management concepts.



• A commitment to the development and continuous improvement of servicesthrough the Association which enhance the effective and efficient running ofLocal Governments and provide reasonable return on investment for theAssociation.

TERMThe initial appointments will be to August 2002, with two year terms thereafter.

MEETING ARRANGEMENTSBi-monthly meetings of approximately two hours duration, held at Local GovernmentHouse during working hours.

MEETING FEES AND TRAVEL/ACCOMMODATION PAYMENTSNot applicable

NOMINATIONS:

Nominations close with the undersigned on FRIDAY 25 JANUARY 2002 at 4.00PM.


54/02 URGENT BUSINESSNil

The Lord Mayor declared the meeting closed at 7.55pm with Councillors McEvoy,Davidson, MacGill, Scaffidi, Stroud, Sutherland, Tan and Tudori in attendance.

Documents

CITY OF PERTH INDEX · CITY OF PERTH INDEX Item Description Page ... \\CH_FS1\VOL2\MINUTES\COUNCIL MINUTES 2001-02\MN020122.DOC ... Answer: The Acting Chief