MINUTES - City of Fremantle...Responsible Officer: Manager Statutory Planning Actioning Officer: Land Administrator Decision Making Level: Council Previous Item Number/s: Nil Attachment:

MINUTES

Ordinary Meeting of Council

Wednesday, 28 May 2014, 6.00pm

TABLE OF CONTENTS

ITEM NO SUBJECT PAGE

DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS 1

NYOONGAR ACKNOWLEDGEMENT STATEMENT 1

IN ATTENDANCE 1

APOLOGIES 1

LEAVE OF ABSENCE 2

RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 2

PUBLIC QUESTION TIME 2

DISCLOSURES OF INTEREST BY MEMBERS 3

APPLICATIONS FOR LEAVE OF ABSENCE 3

PETITIONS / DEPUTATIONS / PRESENTATIONS 3

CONFIRMATION OF MINUTES 5

ANNOUNCEMENTS BY THE MAYOR 5

QUESTIONS OR PERSONAL EXPLANATIONS BY ELECTED MEMBERS 5

TABLED DOCUMENTS 5

LATE ITEMS NOTED 5

COMMITTEE REPORTS 6

PLANNING SERVICES COMMITTEE 21 MAY 2014 6

PSC1405-91 PROPOSED DEDICATION AS PUBLIC ROAD - THE WHOLE OF NEWBOLD STREET, WHITE GUM VALLEY AND LOT 66 PASS CRESCENT, BEACONSFIELD - (KW) 7

PSC1405-93 FINAL ADOPTION OF DRAFT LOCAL PLANNING POLICY - CONSTRUCTION SITE 12

PSC1405-94 FINAL ADOPTION OF PROPOSED ALFRESCO DINING LOCAL LAW 2014 20

PSC1405-82 DOURO ROAD, NO. 19 (LOT 1), SOUTH FREMANTLE - DEMOLITION OF EXISTING BUILDING AND CONSTRUCTION OF THREE STOREY MIXED USE DEVELOPMENT (OFFICE, LUNCH BAR/SHOP AND 20 MULTIPLE DWELLINGS) - (AA DA0587/13) 32

PSC1405-83 SOUTH STREET NO. 399 (LOT 324) SAMSON - DEMOLITION OF EXISTING BUILDING AND CONSTRUCTION OF SIX, TWO STOREY RESIDENTIAL BUILDINGS (18 RESIDENTIAL UNITS) - (AA DA0366/13) 46

PSC1405-92 PROPOSED SCHEME AMENDMENT NO. 42 - REQUIREMENT FOR REGISTERED ARCHITECT TO DESIGN LARGE DEVELOPMENTS - FINAL ADOPTION 59

STRATEGIC AND GENERAL SERVICES COMMITTEE 14 MAY 2014 68

SGS1405-19 NOTICE OF MOTION - CR DAVE COGGIN - FREMANTLE SECONDARY EDUCATION OPTIONS 68

PLANNING SERVICES COMMITTEE 7 MAY 2014 79

PSC1405-76 PROPOSED PUBLIC ROAD RE-NAMING - OF A PORTION OF HOLMES PLACE HILTON OFF RENNIE CRESCENT - 'DOOLYA ROAD' - KW 79

PSC1405-77 SCHEME AMENDMENT NO. 61 - AMENDMENT TO SUB AREA 1.3.2 OF LOCAL PLANNING AREA 1 - INITIATION 85

STRATEGIC AND GENERAL SERVICES COMMITTEE 14 MAY 2014 119

SGS1405-13 2013 WATER CONSERVATION STRATEGY 119

SGS1405-14 WRITE OFF OF BAD AND DOUBTFUL DEBTS - MAY 2014 123

SGS1405-15 BEER AND CIDER FESTIVAL ITEM TO BE REFERRED BACK TO THE NEXT APPROPRIATE STRATEGIC AND GENERAL SERVICES COMMITTEE 131

SGS1405-16 COMMUNITY GARDENS POLICY 131

SGS1405-17 CULTURAL DEVELOPMENT PLAN 2014 - 2015 135

SGS1405-1 FREMANTLE TRAFFIC BRIDGE VESSEL IMPACT PROTECTION WORKS AND PROPOSED USE OF EAST STREET JETTY SITE 138

SGS1405-12 TERRENE LANE TRAFFIC ASSESSMENT 148

SGS1405-18 CONSIDERATION OF WARDS AND THEIR BOUNDARIES AND THE NUMBER OFFICES OF COUNCIL IN A GREATER CITY OF FREMANTLE 153

LIBRARY ADVISORY COMMITTEE 14 MAY 2014 160

LAC1405-1 LIBRARY AND INFORMATION SERVICE REPORT JANUARY - MARCH 2014 160

LAC1405-2 TOY LIBRARY QUARTERLY REPORT - JANUARY - MARCH 2014 172

MOTIONS OF WHICH NOTICE HAS BEEN GIVEN 176

REPORTS BY THE MAYOR OR OFFICERS OF COUNCIL 176

STATUTORY COUNCIL ITEMS 176

C1405-1 MONTHLY FINANCIAL REPORT - APRIL 2014 176

COUNCIL ITEMS 180

C1405-2 DESIGN ADVISORY COMMITTEE APPOINTMENT OF NEW MEMBERS FOR A 2 YEAR TERM 180

C1405-3 INFORMATION REPORT - MAY 2014 185

C1405-4 ADOPTION OF BUSINESS PLAN FOR 2 JONES STREET 187

CONFIDENTIAL MATTERS 191

SGS1405-20 CONFIDENTIAL REPORT - DRAINAGE REMEDIATION OPTIONS - 73 HAMPTON ROAD, FREMANTLE 191

CLOSURE OF MEETING 192

MINUTES ATTACHMENTS 1

Minutes - Ordinary Meeting of Council 28 May 2014

Page 1

ORDINARY MEETING OF COUNCIL

Minutes of the Ordinary Meeting of Council held in the Council Chambers, Fremantle City Council

on 28 May 2014 at 6.00 pm.

DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS

The Mayor, Dr Brad Pettitt declared the meeting open at 6.01pm and welcomed members of the public to the meeting.

NYOONGAR ACKNOWLEDGEMENT STATEMENT

"We acknowledge this land that we meet on today is part of the traditional lands of the Nyoongar people and that we respect their spiritual relationship with their country. We also acknowledge the Nyoongar people as the custodians of the greater Fremantle/Walyalup area and that their cultural and heritage beliefs are still important to the living Nyoongar people today."

IN ATTENDANCE

Brad Pettitt Mayor Cr Doug Thompson North Ward (arrived 6.44pm) Cr Robert Fittock North Ward Cr Rachel Pemberton City Ward Cr Dave Coggin East Ward Cr Ingrid Waltham East Ward Cr Sam Wainwright Hilton Ward Cr Bill Massie Hilton Ward Cr Jon Strachan South Ward Cr Andrew Sullivan South Ward (arrived 6.04pm) Cr David Hume Beaconsfield Ward (departed 9.45pm) Cr Josh Wilson Deputy Mayor / Beaconsfield Ward Mr Graeme Mackenzie Chief Executive Officer Mr Glen Dougall Director Corporate Services Ms Marisa Spaziani Director Community Development Mr Philip St John Director Planning and Development Services Mr Peter Pikor Director Technical Services Ms Linda Omar Minute Secretary There were approximately 40 members of the public and 0 member/s of the press in attendance.

APOLOGIES

Cr Simon Naber City Ward


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LEAVE OF ABSENCE

Nil

RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

Nil

PUBLIC QUESTION TIME

The following member/s of the public spoke against the Officer’s Recommendation for item PSC1405-83. Paul Sheehy Justine Paparella Angela Birmingham The following member/s of the public spoke against the Officer’s Recommendation for item PSC1405-83. Cherie Menell Ken De Sales The following member/s of the public spoke in favour of the Officer’s Recommendation for item PSC1405-82. Noel Kagi Kate Whitton Jason Townes Adriano Piviali Simon Jodrell Robert Hensley The following member/s of the public spoke against the Officer’s Recommendation for item PSC1405-82. Tony Calaensina Mike Dunham Darryn Bortolotti The following member/s of the public spoke in favour of the Officer’s Recommendation for item PSC1405-92. Chris Maher Michael Patroni Sasha Ivanovich Colin Armstrong Paul Wilson The following member/s of the public spoke against the Officer’s Recommendation for item SGS1405-19 Belinda Keenan Renee Webster Greg Watkinson Rebecca McGunty Paul Gawdlin


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DISCLOSURES OF INTEREST BY MEMBERS

Cr Andrew Sullivan declared a impartiality interest in item number PSC1405-92. Cr Andrew Sullivan advised the Council, as a registered Architect he will vacate the chamber and will be absent during the discussion and vote. Cr Robert Fittock declared a impartiality interest in item number PSC1405-92. Cr Robert Fittock advised the Council as an unregistered Architect he will vacate the chamber and will be absent during the discussion and vote.

APPLICATIONS FOR LEAVE OF ABSENCE

MOVED: Mayor, Brad Pettitt Cr I Waltham’s request for a leave of absence from 23 July 2014 to 11 August 2014 (inclusive) is approved. SECONDED: Cr D Hume CARRIED: 12/0

For Against

Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie

PETITIONS / DEPUTATIONS / PRESENTATIONS

Petition: Cr I Waltham presented a petition titled An Enclosed Dog Exercise Area. Australia has one of the highest rates of pet ownership in the world. Pets were a normal part of childhood for 83% of Australians. 39% of households own a dog. Unfortunately not all these households have a large enough space for the dog to run free. In other states and countries I have observed enclosed dog exercise areas where the digs can run free off leash enjoying the company of other dogs.


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In Perth we are not served well for these facilities. I know of a small area on Carrington Street, Nedlands, a designated dog exercise area with two enclosures in the Town of Kwinana, one for small dogs, and the other for larger dogs, both with agility equipment, and the dog enclosure at Whiteman Park. It is 28kms each way to visit Kwinana Park and Whiteman Park would be a day's outing for the dog owners of Fremantle. Users of the Kwinana facility told me they have people coming from as far away as Armadale and my vet in Myaree tells me he has clients who travel up to Whiteman Park each weekend so their dog can enjoy the freedom of running off leash in the safe environment. I would urge the elected members to consider providing a similar facility in the City of Fremantle. I know we have the dog beaches, but some small dogs would be safer in an enclosed area. Fremantle has many dogs and it is heartbreaking for owners when their dogs are killed in an accident or mauled by much larger dogs. An appropriate enclosure would be a great and much appreciated addition to the City's facilities for ratepayers. I have collected 227 signatures in a petition that Councillor Waltham will present to Council at this evening. Deputations: Cr Josh Wilson attended on behalf of the Council, "The Collection of Judging Packs & Luncheon - 2014 Fremantle Business Awards" held Thursday 15 May 2014 which the City of Fremantle won an award for the Play spaces for the Youth Plaza. Cr Rachel Pemberton attended a Local Government & Affordable Housing forum on behalf of the Council held on Monday 19 May 2014. Cr Jon Strachan attended a Yarrah fundraiser event to raise funds for Ethopian schools. The event was held at the Moores Building and Cr Strachan encouraged fellow Elected Members to visit the Moores Building. Cr Sam Wainwright attended a book launch by the author Oscar Schindler. The launch was well attended. Mayor, Brad Pettitt advised the Council whilst he was visiting Fremantle's sister city Japan last month, he met with the Mayor from Hiroshima who donated a glass book weight to the City of Fremantle, and a signed copy of a book titled A - bomb Mayor Warnings and Hope by Hiroshima Author Shinso Hamai.


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CONFIRMATION OF MINUTES

MOVED: Mayor, Brad Pettitt That the minutes of the Ordinary Meeting of Council dated Wednesday 23 April 2014 be confirmed as a true and accurate record. SECONDED: Cr B Massie CARRIED: 12/0

For Against


ANNOUNCEMENTS BY THE MAYOR

Nil

QUESTIONS OR PERSONAL EXPLANATIONS BY ELECTED MEMBERS

Nil

TABLED DOCUMENTS

Additional Documents

LATE ITEMS NOTED

Late Agenda Item - 2 Jones Street


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COMMITTEE REPORTS

PLANNING SERVICES COMMITTEE 21 MAY 2014

At 7.45 pm Mayor, Brad Pettitt brought forward items PSC1405-91, PSC1405-92, PSC1405-93, PSC1405-94. Cr R Fittock MOVED en bloc recommendations numbered PSC1405-91, PSC1405-93, and PSC1405-94. SECONDED: Cr D Hume CARRIED: 12/0

For Against



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The following item number PSC1405-91 was MOVED and carried en bloc.

PSC1405-91 PROPOSED DEDICATION AS PUBLIC ROAD - THE WHOLE OF NEWBOLD STREET, WHITE GUM VALLEY AND LOT 66 PASS CRESCENT, BEACONSFIELD - (KW)

DataWorks Reference: 049/001 Disclosure of Interest: Nil Meeting Date: 21 May 2014 Responsible Officer: Manager Statutory Planning Actioning Officer: Land Administrator Decision Making Level: Council Previous Item Number/s: Nil Attachment: 1 Owners application to dedicate private roads. Attachment: 2 2 x Certificate of Titles and Diagram 32399

Figure 1 - Newbold Street, White Gum Valley - privately owned by the Department of Housing

Figure 2 - Lot 66 Pass Crescent, Beaconsfield outlined in red - privately owned by the Department of Housing

Lot 66 Pass Crescent, Beaconsfield

Newbold Street, White Gum Valley


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EXECUTIVE SUMMARY

At the request of the City of Fremantle (CoF), the Department of Housing (DoH) has submitted an application to dedicate as public road reserve, two private roads (owned by the DoH) as shown in Figure 1, Newbold Street, White Gum Valley and Figure 2, Lot 66 Pass Crescent, Beaconsfield ('the subject land'). The subject land is currently held in freehold ownership of the DoH as described on the associated Certificate of titles, Diagram and Plan. The proposed dedication will correctly formalise the subject land as public road and ensure that appropriate traffic legislation can be enforced. Therefore it is recommended that Council approve the proposed dedication of the subject Land held in Certificates of Title Volume 1128 Folio 769 and Volume 1006 Folio 848 as public roads. BACKGROUND

On 20 February 2014 the City wrote to the DoH noting the private ownership of Newbold Street, White Gum Valley by the DoH. The DoH was asked to consider amending the current tenure by ceding the land to the Crown in order to formalise Newbold Street as public road reserve in accordance with the Land Administration Act 1997. On 28 February 2014 the Department for Education (DoE), contacted the CoF in relation to Lot 66 Pass Crescent, Beaconsfield ('Lot 66') which adjoins the eastern side of South Fremantle High School. The DoE requested that Lot 66, currently in the private ownership of the DoH, be formalised as public road reserved. On 04 April 2014 the DoH applied to the City requesting the dedication of both parcels of land as public road reserve in accordance with Section 56 (1) (b) of the Land Administration Act 1997. PRIVATE ROAD LAND DETAILS The subject parcels of land in private ownership (shown in Figures 1 and 2) are described as follows:

The whole of Newbold Street, White Gum Valley (private roadway) - Certificate of Title Volume 1128 Folio 769 being Lot 150 on Plan 6107. Newbold Street was transferred to the State Housing Commission on 01 July 1950.

A portion of the Pass Crescent roadway in Beaconsfield as described on Certificate of Title Volume 1006 Folio 848 being Lot 66 on Plan 226118. Lot 66 Pass Crescent was transferred to the State Housing Commission on 14 December 1949. Landgate has identified Diagram No. 32399 dated 19 October 1965 as a current diagram for dealing on, in relation to Lot 66 Pass Crescent.


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STATUTORY REQUIREMENTS The proposed dedication of the subject land is pursuant of Section 56 (1) (b) (i) of the Land Administration Act 1997 which states that; "(1) If in the district of a local government - …

(a).... (b) in the case of land comprising a private road constructed and

maintained to the satisfaction of the local government -

(i) the holder of the freehold in that land applies to the local government, requesting it to do so; or

(ii) …;or

(c) land comprises a private road of which the public has had

uninterrupted use for a period of not less than 10 years, and that land is described in a plan of survey, sketch plan or document, the local government may request the Minister to dedicate that land as a road." Section 56 (1) (c) of the Land Administration Act 1997 also applies as the public have had uninterrupted use of the private road for over ten (10) years. COMMENTS The subject land is utilised as through roads linking the public roadway sections as detailed below, providing access to the adjoining properties.

The whole of Newbold Street is privately owned and provides a link to the public roadway of Watkins Road to the north and Samson Street to the south.

Lot 66 Pass Crescent is a privately owned lot located in the centre of dedicated portions of Pass Crescent to the east and west. Lot 66 also provides a link to Deering Street to the south. The western portion of Pass Crescent provides access to the South Fremantle Senior High School.

The City of Fremantle Infrastructure Services has confirmed that both private roads have been continuously maintained by the City and utilised by the public for a period in excess of twenty (20) years. The sections of private road appear consistent with other public roads within the City. Therefore Infrastructure Services has no objections to the proposed dedication of the whole of Newbold Street, White Gum Valley and the undedicated portion (Lot 66) of Pass Crescent, Beaconsfield. Both private roads have infrastructure located within the subject areas. The following assets are located within the roads: Western Power overhead power lines and distribution cables, Gas lines, Water Corporation sewer pipes, connections and access chambers together with a water hydrant. The dedication of the private roads to public roads will provide the associated public utility services with legal and unrestricted access to maintain their respective assets.


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CONCLUSION

The City's Infrastructure Services has reported that the subject private roads are currently maintained by the City and are considered to be in an acceptable order to approve the proposed dedication as public road.

The City has received an application from the owner of the private roads being the Department of Housing, asking that the subject land be dedicated as public roadway.

The public have received in excess of twenty (20) years uninterrupted use of the private roads.

The proposed dedication will correctly formalise the land as public road and ensure that appropriate traffic legislation can be enforced.

The subject private roads are currently maintained by the City of Fremantle - therefore to formalise the roads as public roadway will not result in increased costs for the City to budget.

It is therefore recommended that Council apply to the Department of Lands and request the dedication of the subject portions of private roadway. COMMITTEE AND OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr R Fittock That Council:

1. APPROVE the proposed dedication of two (2) parcels of privately owned road as described on Certificate of Title Volume 1128 Folio 769 being Lot 150 on Plan 6107 and Certificate of Title Volume 1006 Folio 848 being Lot 66 on Plan 226118 and Diagram 32399, as public roads.

2. APPLY to the Department of Lands requesting the dedication of the land

described in point 1 in accordance with Section 56 (1) (b) (i) of the Land Administration Act 1997 including compliance with Section 56 (1) (c) of the Land Administration Act 1997


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SECONDED: Cr D Hume CARRIED: 12/0

For Against



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PSC1405-93 FINAL ADOPTION OF DRAFT LOCAL PLANNING POLICY - CONSTRUCTION SITE

DataWorks Reference: 117/010 Disclosure of Interest: Nil Meeting Date: 21 May 2014 Responsible Officer: Director Planning and Development Actioning Officer: Manager Health, Building and Compliance Decision Making Level: Planning Services Committee Previous Item Number/s: PSC1311-171 Attachments: Officer’s initial report (PSC1311-171) EXECUTIVE SUMMARY The purpose of this report is to recommend to Council final adoption of Local Planning Policy 1.10– Construction Sites. The draft policy which was adopted for advertising by Council on 27 November 2014 was advertised in accordance with the requirements of Local Planning Scheme No. 4 and Local Planning Policy 1.3. One submission was received in response to the draft policy, however no changes are recommended as a result of the submission. It is therefore recommended that Council adopt Local Planning Policy 1.10 in accordance with clause 2.4 of Local Planning Scheme No. 4. BACKGROUND At its ordinary meeting on 27 November 2014, Council resolved to adopt for the purpose of public advertising the City’s draft Local Planning Policy 1.10 – Construction Sites. For more information please refer to Ordinary meeting of Council minutes 27 November 2014 - PSC 1311-171 (attached to this report) CONSULTATION The draft policy was advertised in accordance with clause 2.4 of LPS4 and Local Planning Policy 1.3 - Public Notification of Planning Proposals. The City’s precinct groups were also notified and copies of the policy made available for viewing at the customer service counter at the Town Hall Centre and on the City’s website. One submission was received in response to the draft policy during the advertising period (transcript attached). COMMENT The submission raises a number of points regarding the need for prioritisation of pedestrian and cyclist facilities in developments, both in terms of reinstatement of temporary facilities after development/road works and the initial planning and design of facilities by developers and the City. The City supports the overall sentiment of the submission and considers that LPP 1.10 adequately addresses the concerns raised in the submission with regard to construction sites.


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LPP 1.10 was developed in response to a greater need for protection of public areas impacted by development, particularly large developments such as those planned for key sites in the eastern part of the CBD (please see original report PSC 1311-171). A key consideration in the development of the policy was the need to minimise disruption to the normal use of pedestrian and cyclist facilities as well as the protection of vulnerable road users around construction sites. Prior to the development of the policy, the City noted a number of instances where inner CBD development unduly impacted upon the normal use and safety of pedestrian facilities due to the failure of developers/builders to provide suitable temporary facilities for pedestrians. LPP 1.10 includes a number of requirements specifically targeted at improving the harmony between development sites and pedestrian/cyclist facilities including – footpaths are not permitted for construction related activities (3.6); footpaths affected by works are to be protected via overhead protective structures (7.1); hoardings/fences must not encroach onto footpaths more than 500mm (6.2); infrastructure must be protected and reinstated if damaged (4.1&4.4); the city may charge a bond against damage to a footpath (4.2); footpaths are to be maintained in a safe condition at all times (16.1); safe pedestrian access is to be maintained over temporary crossings (16.2); and where footpaths are required to be disrupted for construction related activities AS 1742.3 must be complied with(16.3). Unlike current road reserve requirements for development sites administered by the City under the Local Government Act 1995, LPP 1.10 requirements will form a planning condition of approval for significant construction sites and will be required to be implemented from the outset of development and not merely as an afterthought. It must be noted that when considering the content of the submission that the scope of LPP1.10 is limited to pedestrian/cyclist facilities affected by ‘construction sites’ (as defined under the policy). It does not extend to facilities affected by other works (i.e. road works), the design or development of new facilities or any needs assessment in relation to new facilities or current facilities. With regard to facilities not associated with construction sites and temporary pedestrian facilities associated with road works or similar works, these are regulated under the Local Government Act 1995, subsidiary legislation made under the Act, Main Roads WA legislation and the City’s thoroughfares local law which is currently under review. CONCLUSION The submission raises a number of relevant points regarding the importance of maintaining safe and adequate pedestrian/cyclist facilities and the prioritisation of such facilities. The City supports the overall sentiment of the submission; however the scope of LPP 1.10 extends only to pedestrian/cyclist facilities affected by construction sites (as defined under the policy). The City considers that LPP 1.10 adequately addresses the impact of construction sites on pedestrian and cyclist facilities and enables the City to take appropriate action where requirements are not met by developers/builders. On this basis, the City does not recommend changes to the draft policy originally adopted for advertising by Council.


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COMMITTEE AND OFFICER'S RECOMMENDATION/COUNCIL DECISION


1. Adopts Local Planning Policy 1.10 – Construction Sites (as below) in accordance with the procedures set out in clause 2.4 of the City of Fremantle Local Planning Scheme No. 4.

CITY OF FREMANTLE

DRAFT LOCAL PLANNING POLICY LPP 1.10

CONSTRUCTION SITES INTRODUCTION Construction sites can impact upon the amenity of the surrounding locality and must be properly managed to preserve a safe and healthy environment for residents, workers and visitors to Fremantle. This policy recognises the need to balance the interests of the Fremantle public with that of the property development industry. SCOPE This policy applies to construction sites where there is limited capacity to contain construction related activities on site. OBJECTIVES The objectives of this policy are:-

To reduce the impacts of construction sites on the occupants of adjacent sites and nearby sensitive land uses;

To maintain and safe and pleasant inner City environment for the public;

To assist developers of large scale residential and commercial buildings understand the City's expectations with regard to construction site management;

To protect road reserve infrastructure that could be damaged as a result of construction related activities;

DEFINITIONS “AS” means Australian standard “Builder” means the builder whose name appears on a building permit issued by the City under the Building Act 2011. “Construction and demolition waste” means waste resulting from the construction, alteration, repair or demolition of a building and includes liquid wastes. “Construction related activities” means activities within the road reserve relating to the construction, demolition, alteration or repair of a building. “Construction site” means the lot or land on which construction or demolition works or earthworks are being carried out.


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“Construction work” has the same meaning given to it in the Environmental Protection (Noise) Regulations 1997 “Gantry” means an overhead structure used in conjunction with scaffolds and elevated work platforms to provide over head and side protection to a walkway. “Hoarding” means a temporary structure erected around a construction site to separate the site from adjoining land. “Infrastructure” means all structures, kerbs, signs, furniture, surfaces, soil and vegetation within the road reserves and includes underground and overhead services. “Street tree” means a tree within the road reserve and includes shrubs exceeding one metre in height. “Waste receptacle” includes a skip bin, commercial bulk rubbish container, and household waste or recycling bin of capacity 240L or greater or other suitable receptacle designed to receive and contain wastes. POLICY 1.0 Legal implications 1.1 The requirements of this policy are the minimum standards for construction

sites (may also be referred to as “site or “sites”) captured within the scope of this policy. Permits traditionally issued by the City in relation to the use of the road reserve are not required for construction sites captured under this policy provided the requirements of this policy are met.

1.2 Where an applicant is able to demonstrate that a requirement of this policy cannot be reasonably met, i.e. due to special circumstances, the City may approve a variation to any requirement of this policy. Any departure from the requirements of this policy without express written permission from the City may result in prosecution against liable parties.

1.3 Compliance with this policy is not a substitute for compliance with other laws. A person carrying out building work is responsible for obtaining all necessary consents or permits.

2.0 Documentation required

2.1 All gantries and hoardings are to be structurally certified by a “Professional

Engineer” as defined by part A1 (INTERPRETATION) of volume one of the current National Construction Code with written certification being forwarded to the City prior to any overhead work being commenced on the site.

2.2 Any changes to gantries and hoardings during the construction period of the site are to be approved by a "Professional Engineer".

2.3 Before commencing work within or above the road reserve; including but not limited to excavations, erection of structures and signs, storage of materials and dewatering operations, the builder or responsible contractor must obtain a public liability insurance policy noting the City of Fremantle as an interested party, with cover of not less than ten million dollars ($10,000,000.00) and indemnifying the City against any claim for damages.

General requirements for construction sites 3.0 Parking bays for construction related activities


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3.1 The City will allocate all parking bays within the limits of the street frontage of the site, for the term of construction for construction related activities including deliveries and storage of materials, skip bins, site offices and contractor parking.

3.2 Where there are no parking bays adjacent to a site, an application may be made to the City to use a part of the road or a loading zone for construction related activities.

3.3 The perimeter of the allocated area is to be fenced to height of minimum 1.8m with visually permeable fencing (e.g. temporary fencing) which should not encroach more than 500mm onto a footpath and in any case a minimum effective footpath width of 1.2m is to be maintained.

3.4 The fencing must not impede pedestrian/traffic sightlines and must be illuminated so as to be clearly visible from the hours between sunset and sunrise.

3.5 Parking bay hire fees will apply at commercial rates in accordance with the City's Fees and Charges Schedule in fee paying locations.

3.6 No storage of materials or equipment is permitted outside of the allocated area.

3.7 Use of the area must not impede the movement of pedestrians or road users.

4.0 Protection of infrastructure within the road reserve

4.1 All reasonable care must be taken during the term of construction to protect infrastructure (see definition) within the road reserve.

4.2 A bond shall be paid to the City in accordance with the City's Fees and Charges Schedule in respect to the protection of infrastructure within the road reserve prior to the commencement of works.

4.3 Where it is essential to relocate any infrastructure within the road reserve to enable access to a construction site or for any other reason deemed appropriate by the City, the City may remove or relocate any infrastructure within the road reserve at the builder’s cost to enable vehicles to enter and leave the site.

4.4 Any damage to infrastructure within the road reserve as a result of construction related activities shall be made good by the builder within a time specified by the City. In the event, that the builder fails make good any damage, the City may carry out such repairs as necessary and recover all appropriate costs from the builder.

5.0 Street trees

5.1 Street trees are considered assets to the City that contribute to the wellbeing

of the community and the natural environment. Street trees shall be protected during all phases of development in accordance with AS4970-2009 - Protection of Trees on Development Sites.

5.2 Where a tree or part of a tree is required to be removed to enable access to a construction site or for any other reason deemed appropriate by the City, the removal or pruning of trees shall not be undertaken except by the City’s staff or City contractor.

5.3 Street tree removal shall be assessed by the City in accordance with the City’s street tree policy.


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5.4 If a tree is damaged during development works then any pruning, removal and/or replacement costs shall be at the expense of the land owner.

5.5 Where trees are authorised for removal as part of a development application, the land owner shall fund the full cost of the tree removal and pay for the cost of two replacement trees on the verge of the property the following planting season.

6.0 Security fencing around construction sites

6.1 All construction sites are required to be secured and fenced to a height of 2.1m

-2.4m. In some instances, the City may require a solid barrier such as a hoarding around a construction site in the interests of preserving the amenity of the surrounding area.

6.2 A fence or hoarding must not encroach more than 500mm onto the road reserve.

6.3 A fence or hoarding must not obstruct pedestrian and motorist sightlines and must be clearly visible during the hours between sunset and sunrise.

6.4 All fencing and hoardings are to be maintained to a high standard at all times. 7.0 Gantries 7.1 Where scaffolding is erected upon or above a footpath, a suitably designed

overheard gantry and protective barrier (scaffold side) shall be provided along the length of the scaffold to protect pedestrians from falling objects.

7.2 A minimum width of 1.2 metres and a headroom clearance of at least 2.40 metres are required for pedestrian access.

7.3 Gantries shall be setback a minimum of 750mm from the kerb and designed so as not to collapse or cause injury to any person when subjected to vehicular impact.

7.4 Gantries shall incorporate a continuous guardrail fixed between columns 800mm above the footpath and incorporate adequate overhead lighting for pedestrians.

7.5 On narrow footpaths where a gantry setback and 1.2 metre footpath width cannot be achieved, the City may approve an alternative arrangement.

8.0 Access to site by construction vehicles

8.1 All vehicle crossings to a construction site are required to be separated from

any infrastructure within the road reserve by (a) a minimum of 2.0 metres in the case of street trees; (b) a minimum of 1.2 metres (in the case of bus shelters, traffic management

devices, parking embayments or street furniture), and (c) a minimum of 1.0 metre in the case of power poles, road name and

directional signs. 8.2 Upon application, the City may consider approval to a lesser distance in cases

where: (a) no practical alternative location is available for the crossover, and (b) the infrastructure/tree is not damaged by the proposal, and (c) safe and adequate traffic sight distances are maintained.


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9.0 Contact Details

9.1 In addition to the requirements of the Building Services (Registration) Regulations 2011, the following details shall be displayed prominently on the site: (a) The name of the main contractor or builder; (b) Name of company responsible for structures over the street; (c) Contact telephone numbers; (d) Site address; and, (e) Expected completion date of construction

10.0 Site offices 10.1 Where it is not possible to situate a site office on a construction site, a site

office may be situated within the allocated parking area or on a suitably designed gantry structure.

10.2 Upon application, the City may approve a site office in an alternative location. Environmental Management 11.0 Noise - Construction Work and Deliveries 11.1 Construction work is limited to the following hours:

Monday to Saturday: 7:00am – 7:00pm;

Sundays and Public Holidays: no work permitted. 11.2 Deliveries to the site shall occur without disruption to the surrounding

locality. Any deliveries to the site outside of these hours shall comply with the neighbourhood noise limits imposed by the Environmental Protection (Noise) Regulations 1997.

11.3 The City cannot permit construction work outside of permitted hours unless an application is made in writing to the CEO in accordance with the Environmental Protection (Noise) Regulations 1997. Construction work outside of permitted hours shall not unreasonably impact upon the surrounding locality.

12.0 Sand drift and dust management

12.1 Any activities likely to generate sand drift or dust; including but not limited to

demolition, earthworks and the cutting or sawing of materials, shall be conducted in a manner that minimises the generation and movement of sand or dust off the site.

12.2 Sand and dust shall not be permitted to accumulate in excessive amounts on the road reserve adjoining the site.

13.0 Waste management

13.1 Except for allocated parking bays (see 3.0), the road reserve adjoining

construction sites is to be maintained free from rubbish and construction and demolition wastes including liquid wastes at all times.

13.2 All wastes generated on site are to be contained in waste receptacles which are to be emptied as required.


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13.3 Suitable measures are required to prevent waste blowing out of receptacles during windy conditions, e.g. the use of lids or relocation of bins to protected areas of the site.

14.0 Dewatering 14.1 Dewatering of a site shall not occur without approval from the City. 15.0 Traffic management

15.1 Any disruption to traffic movement involving lane closures, deviation of

vehicles from their normal progress or path, or other complex traffic arrangements requires a traffic management plan to be prepared by a person accredited by Main Roads WA in accordance with Main Roads Western Australia’s Traffic Management for Events and or Works on Roads Code of Practice and AS1742.3.

15.2 A traffic management plan shall be submitted to the City's Technical Services section at least 21 days prior to the date of the traffic disruption to allow advertising to occur.

16.0 Works affecting pedestrian areas 16.1 Whether a footpath is present or not, portions of the road reserve adjacent to

construction sites are to be maintained in a safe condition at all times. 16.2 Temporary crossings to building sites shall be constructed in a manner that

enables the safe passage of pedestrians over the crossing. Where interference or obstruction to the normal use of a footpath occurs or is planned to occur, appropriate traffic control devices/signs complying with the requirements of AS 1742.3 are to be provided in appropriate locations to inform and guide users of the footpath safely through, around or past such works. SECONDED: Cr D Hume CARRIED: 12/0

For Against



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PSC1405-94 FINAL ADOPTION OF PROPOSED ALFRESCO DINING LOCAL LAW 2014

DataWorks Reference: 010/006 Disclosure of Interest: Nil Meeting Date: 7 May 2014 Previous Item: PSC1312-188 Responsible Officer: Manager Health, Building and Compliance Actioning Officer: Policy Officer Decision Making Authority: Planning Services Committee Agenda Attachments: Schedule of submissions

Original report (‘proposed alfresco dining local law 2014 – PSC1312-188)

EXECUTIVE SUMMARY

The purpose of this report is to recommend to Council final adoption of the City’s Alfresco Dining Local Law 2014. The draft local law which was endorsed by Council on 18 December 2013 was advertised in accordance with the requirements of the Local Government Act 1995. One submission was received. No modifications to the City’s original version are recommended as a result of this submission. It is therefore recommended that Council note the submission received and adopt the City’s Alfresco Dining Local Law 2014 unmodified in accordance with the provisions of the Local Government Act 1995. BACKGROUND

Following a review of the City’s Local Laws relating to outdoor eating areas, Council resolved to adopt for the purpose of public advertising the City’s draft Alfresco Dining Local Law 2014 at its Ordinary Meeting on 18 December 2013. For more information on the review please see ordinary meeting of Council minutes 18 December 2013 (PSC 1312-188). CONSULTATION

One submission was received during the advertising period. Please refer to attachment 1 for the full transcript of the submission. The submission agreed with the local law in principle however raised a number of points which are summarised below.

1. The Local Law does not create an offence for the use of alfresco areas without a license.

City’s response: The proposed local law clearly creates an offence for the set up or conduct of an alfresco area without a valid license. Please refer to clause 2.1. This remains unchanged from the previous local law.


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2. It is necessary to maintain a GRV or location based fee structure in the interests of fairness.

City’s response: This comment does not relate to the content of the advertised local law itself which simply enables the City to charge a fee, but rather the way in which alfresco dining fees are determined by the City. The City considers it unreasonable for adjacent businesses to pay substantially different fees for alfresco dining based on poorly administered GRV rates. A greater level of fairness and uniformity has been introduced by charging businesses a location based fee for their annual licence, calculated per square metre of alfresco dining space. The City charges $94.00 per square metre for inner CBD locations, $62.50 for outer CBD locations and $31.50 for non CBD locations. The City's alfresco dining licence fee structure can be reviewed annually as part of the City's budget process because the fee structure is listed in the Fees and Charges Schedule.

3. There is a need to state in no uncertain terms that the public are entitled to access to public alfresco dining areas.

City’s response: Clause 4.5 of the Local law was specifically included at the request of Council to ensure that the public are afforded unrestricted access to alfresco dining areas (other than those located on private land). The City considers the current wording to be appropriate.

4. Chairs and tables are frequently situated outside of licensed areas and that penalties should exist for the conduct of alfresco areas outside of demarcated areas.

City’s response: Under the proposed local law it is an offence to conduct an alfresco area other than within the licensed area. Infringement provisions also apply to this. The City will continue to monitor for compliance with this requirement and respond to any complaints or concerns accordingly.

COMMENT

As noted in the original Council item PSC 1312-188 – ‘Proposed alfresco dining local law 2014’, the key changes proposed for the City’s revised local law are as follows:

- Definition of ‘eating house’ replaced with ‘food business’. This now encompasses licensed premises which were not previously captured under the previous Health Act 1911 definition;

- The complicated GRV fee structure has been removed from the local laws and replaced with a simple fee structure in the City's annual fees and charges schedule calculated per m2 of alfresco floor area;

- Infringement notice provisions for prescribed offences (rather than having to pursue non compliances solely though the court process);

- Appeal provisions for applicants as per the Local Government Act; and - Removal of unnecessarily onerous procedural content from the local laws.

The City considers that the revised local law will markedly improve the administration of alfresco dining requirements and will enable simpler enforcement pathways with respect to compliance of alfresco dining areas.


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RISK AND OTHER IMPLICATIONS Financial Nil. Legal The City must follow the local law adoption procedure as prescribed by the Local Government Act 1995. Operational The proposed local law will improve and simplify the current application, assessment and licensing process for outdoor eating areas as well as providing improved enforcement pathways for City officers. Organisational The proposed local laws will serve as a standalone law to manage the use of City land for alfresco dining. The City has a number of other policies and local laws that relate to activities in the road reserve and these will continue to be enforced by relevant business units. CONCLUSION

The City’s proposed Alfresco Dining Local Law 2014 is a significant improvement to the current local laws and will serve to support the City’s strategic vision and simplify management of alfresco dining areas. The City has prepared a modern and relevant local law that seeks to achieve greater flexibility for business proprietors as well as simplifying the approvals and compliance procedures for City officers. The City considers the proposed local law to represent best practice for the management of City owned/managed space for dining and other compatible uses. STRATEGIC AND POLICY IMPLICATIONS

City of Fremantle Strategic Plan 2010 – 2015

Strategic Imperative 1 – Strengthen Fremantle’s economic capacity Strategic Imperative 2 - Provide a great place to live, work and play through growth and renewal. COMMUNITY ENGAGEMENT

The City has advertised the local law in accordance with the requirements of the Local Government Act 1995. VOTING AND OTHER SPECIAL REQUIREMENTS Absolute majority required


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MOVED: Cr R Fittock

1. That Council agree to adopt the City of Fremantle Alfresco Dining Local Law

2014 for publication in the Government Gazette.

LOCAL GOVERNMENT ACT 1995

CITY OF FREMANTLE

ALFRESCO DINING LOCAL LAW 2014 Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the City of Fremantle resolved on 18 December 2013 to make the following Local Law. PART 1 – PRELIMINARY 1.1 Citation This local law may be cited as the City of Fremantle Alfresco Dining Local Law 2014. 1.2 Commencement

(1) This local law comes into operation 14 days after the date of its publication in the Government Gazette.

1.3 Purpose and effect

(1) The purpose of the local law is to provide for the regulation, control and management of alfresco dining areas in any public place within the district.

(2) The effect of this local law is to control alfresco areas so that they do not interfere with the safe and reasonable movement of pedestrians and vehicles as well as to encourage high quality alfresco dining to enhance amenity, vitality and ambience of the city.

1.4 Repeal The following local laws are repealed on the day that this local law comes into operation –

(1) City of Fremantle Local Laws Relating to Outdoor Eating Areas as published in the Government Gazette on 6 May 1998.

1.5 Transitional A licence issued in accordance with the City of Fremantle Local Laws Relating to Outdoor Eating Areas -

(a) is to be taken to be a licence granted under this local law; (b) is to be valid for the period specified in the license; and (c) may be earlier cancelled or suspended under this local law.

1.6 Application This local law applies throughout the district.


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1.7 Interpretations In this local law, unless the context otherwise requires – “Act” means the Local Government Act 1995; “alfresco dining area” means an area in which tables, chairs and other structures are provided for the purpose of the supply of food or beverages or both to the public or the consumption of food or beverages or both by the public; “alfresco dining” means outdoor dining or drinking or both in a public place; “authorised person” means the CEO or any other person authorised by the City under section 9.10 of the Act to be an authorised person for the purposes of enforcing the provisions of this local law; “CEO” means the Chief Executive Officer of the City; “City” means the City of Fremantle; “City property” means anything except a thoroughfare –

(a) which belongs to the City; (b) of which the City is the management body under the Land Administration

Act 1997; or (c) which is an “otherwise unvested facility” within section 3.53 of the Act;

“Council” means the Council of the City of Fremantle; “district” means the district of the City of Fremantle; “food business” has the same meaning as the Food Act 2008; “fee” means a fee or charge imposed under sections 6.16 to 6.19 of the Act; “furniture” means chairs, tables, waiter’s stations, planter boxes, umbrellas, screens, barriers, awnings, portable gas heaters and any other structure set up in the alfresco dining area; “Health Act” means the Health Act 1911; “licence” means a licence issued by the City under this local law to set up and conduct an alfresco dining area; “licence period” means the period referred to in clause 2.9; “licence plan” means a plan attached to and forming part of a licence depicting the parts of a street or public place within which an alfresco dining area may be set up and conducted; “licensee” means a proprietor of a food business who holds a valid licence; “Liquor Control Act” means the Liquor Control Act 1988; “local public notice” has the meaning given to it in section 1.7 of the Act; “month” means calendar month; “public place” means any thoroughfare, pedestrian mall or City property; “proprietor” has the same meaning as the Food Act 2008; “Regulations” means the Local Government (Functions and General) Regulations 1996; “utility” means any public or private body which provides an essential service, such as electricity, gas, water, drainage, sewerage, telecommunications or traffic control, and has equipment on, in or under a public place for that purpose; “valid”, in relation to a licence issues under this local law, means current and for which all the associated fees have been paid in full; and “vehicle crossing” means a crossing used by vehicles to allow access from a thoroughfare to private land or a private thoroughfare. PART 2 - LICENCE 2.1 Licence required


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Unless exempt under clause 2.2, a person shall not set up or conduct an alfresco dining area in any public place –

(a) other than in a portion of a public place adjoining a food business; (b) unless the person is the proprietor of a food business or is acting on behalf

of the proprietor of a food business referred to in paragraph (a); (c) unless the person is the holder of a valid licence issued under this local law;

and (d) other than in accordance with the licence plan and any terms and conditions

set out in, or applying in respect of, the licence. 2.2 Exemptions

(1) The city may exempt a person or class of persons in writing from the requirement to have a licence.

(2) Any exemption in subclause (1) may be exercised- (a) on the application of a person; or (b) at the City’s discretion.

(3) An exemption in subclause (1) may be given subject to any conditions the

City sees fit. (4) An exemption may apply to, or in respect of –

(a) a particular event, street festival, carnival or activity approved by the City;

(b) particular goods or services; or (c) a period of time.

2.3 Application for a licence

(1) A person who is required to obtain a licence under this local law shall apply for the licence in accordance with subclause (2).

(2) An application for a licence under this local law shall- (a) be in the form determined by the City; (b) be signed by the proprietor of a food business adjacent to the portion

of the public place to which the application relates; (c) provide the information required by the form; and (d) be forwarded to the CEO together with any fee imposed and

determined by the City. (3) The City may require an applicant to provide additional information

reasonably related to an application before determining the application. (4) The City may require an applicant to give local public notice of the

application for a licence. (5) The City may refuse to consider an application for a licence which is not in

accordance with subclause (2) or where the applicant has not complied with subclauses (3) or (4).

2.4 Relevant considerations in determining application for licence In determining an application for a licence, the City is to have regard to –

(a) relevant policies of the City; and (b) any other matters that it considers to be relevant.


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2.5 Decision on application for licence (1) The City may, in respect of an application for a licence-

(a) approve the application unconditionally or subject to any conditions; or

(b) refuse to approve the application. (2) Without limiting the scope of the City’s discretion under subclause 1(b), the

City may refuse an application for a licence if, in its opinion- (a) the proposed alfresco dining does not conform with the requirements

of the Health Act or any other written law; (b) the proposed alfresco area is undesirable; (c) the proposed furniture is unsuitable, in any respect, to the location in

which the licence is to operate; (d) the proposed licensee has been convicted during the preceding five

years of an offence against – (i) this local law; (ii) the City of Fremantle Local Laws Relating to Outdoor Eating

Areas; (iii) the Health Act; (iv) the Liquor Control Act; or (v) any other written law which affects alfresco dining; or

(e) the proposed licensee is not a fit and proper person to hold a licence. (3) If the City approves an application for a licence, it is to issue to the applicant

a licence in the form determined by the City. (4) If the City refuses to approve an application for a licence, it is, as soon as

practicable after the decision is made – (a) to give the applicant written notice of, and written reasons for, the

refusal; and (b) inform the applicant of his or her rights, under Part 9, Division 1 of the

Act, to object to, and apply for a review of, the decision. (5) Where a clause of this local law refers to conditions which may be imposed

on a licence of which are to be taken to be imposed on a licence, the clause does not limit the power of the City to impose other conditions on the licence under subclause (1)(a).

(6) Where a clause of this local law refers to the grounds on which an application for a licence may be refused, the clause does not limit the power of the City to refuse, the application for a licence on other grounds under subclause (1)(b).

2.6 Conditions which may be imposed on a licence The City may approve an application for a licence subject to conditions relating to –

(a) the area or location to which the licence applies; (b) the number, type, form and construction, as the case may be, of any

furniture which may be used in the alfresco dining area; (c) the care, maintenance and cleaning of any furniture used in the

alfresco dining area; (d) The removal and storage of furniture used in the alfresco dining area

prior to the closure of the adjacent food business; (e) The requirement to maintain pedestrian access between the alfresco

dining area and the adjacent food business;


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(f) The alfresco dining area not impeding or obstructing a public place used by either pedestrians or vehicles;

(g) The requirement to maintain clear sight lines for vehicles entering or leaving a thoroughfare or a vehicle crossing;

(h) The obtaining of public risk insurance in an amount and on the terms reasonably required by the City;

(i) The grant of another approval, permit, licence or authorisation which may be required under any written law;

(j) The duration and commencement of the licence; (k) The placement of advertising on furniture within the alfresco dining

area; (l) The payment of all fees, charges, rates and taxes levied or incurred as

a result of the establishment and operation of the alfresco dining area; (m) The payment of costs associated with the City preparing the public

place for the use as an alfresco dining area including but not limited to the reshaping of footpaths and marking the boundaries of the alfresco dining area.

2.7 Compliance with conditions Where –

(a) an application for a licence has been approved subject to conditions; or (b) a licence is to be taken to be subject to conditions under this local law,

the licensee shall comply with each of those conditions. 2.8 Amendment of licence conditions

(1) A licensee may apply in writing to the City to amend any of the terms of conditions of the licence.

(2) The City may, in respect of an application under subclause (1) – (i) amend the licence, either in accordance with the application or

otherwise as it sees fit; or (ii) decline to amend the licence.

(3) The City may, at any time, amend any of the terms and conditions of the license.

(4) If the City amends a licence under this clause, it is to notify the licensee in writing of the amendment as soon as practicable after the amendment is made and , unless otherwise specified in the amendment, the amended term or condition, or both, of the licence apply from the date of the notification

(5) If the City amends a licence otherwise than in accordance with an application from the licensee, it is, as soon as practicable after the decision to amend is made –

(i) to give the licensee written notice of, and written reasons for, its decision to amend; and

(ii) inform the licensee of his or her rights, under part 9, Division 1 of the Act, to object to, and apply for a review of, the decision.

2.9 Duration of licence A licence is valid for twelve months from the date on which it is issued, unless it is –

(a) otherwise stated in this local law or in the licence; or (b) cancelled under clause 2.12


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2.10 Renewal of licence (1) A licensee may renew the licence by paying the fee imposed and determined

by the City. (2) The provisions of the local law relevant to the license which is to be

renewed shall apply, with such modifications as are required, to an application for the renewal of a licence.

2.11 Transfer of licence

(1) An application for the transfer of a valid licence is to – (a) be in the form determined by the City; (b) provide the information required by the form or by any other clause of

this local law; (c) be signed by the licensee and the proposed transferee of the licence:

and (d) be forwarded to the City together with any transfer fee imposed and

determined by the City. (2) The City may refuse to consider or determine an application for the transfer

of a licence, which is not in accordance with subclause (1). (3) The City may approve an application for the transfer of a licence, refuse to

approve it or approve it subject to such terms and conditions as it sees fit, and if it is approved, the proposed transferee shall become the licensee from the date of the approval.

2.12 Cancellation of suspension of licence

(1) A licence may be cancelled by the City on any one or more of the following grounds – (a) the licensee has not complied with –

(i) a condition of the licence; or (ii) a provision of this local law or any other written law which may relate

to the activity regulated by the licence; (b) if it is relevant to the activity regulated by the licence –

(i) the licensee is an undischarged bankrupt, or is in liquidation; (ii) the licensee has entered into a composition arrangement with

creditors; or (iii)a manager, administrator, trustee, receiver, or receiver and manager,

is appointed in relation to any part of the licensee’s undertakings or property;

(c) the proprietor of the food business changes; (d) the setting up or conduct of the alfresco dining area, or the behaviour

of customers within the alfresco dining area, is causing a nuisance. (2) The City may cancel or suspend a licence if the City or a utility requires

access to or near the place to which a licence applies, for the purposes of the carrying out of works in or near the vicinity of that place;

(3) If the City cancels or suspends a license under this clause, it is, as soon as practicable after the decision is made – (a) to give the licensee written notice of, and reasons for, the decision;

and (b) inform the licensee of his or her rights, under part 9, Division 1 of the

Act, to object to, and apply for review of, the decision; and (c) the cancellation or suspension takes effect from the date on which the

licensee is served with the cancellation or suspension notice.


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(4) On the cancellation of a licence, the licensee shall return the licence as soon as practicable to the City.

(5) On the cancellation or suspension of a licence, the licensee is, subject to subclause (6), to be taken to have forfeited any fees paid in respect of the licence.

(6) Where a licence is cancelled or suspended through no fault of the licensee, the City may refund to the licensee all or part of the license fee in respect of what would otherwise have been the balance of the terms of the licence.

2.13 Display and production of licence

(1) A licensee shall produce to an authorised person his or her valid licence immediately on being required to do so by an authorised person.

(2) A licensee shall display his or her valid licence in accordance with the conditions set out in the licence.

PART 3 – OBJECTIONS AND APPEALS 3.1 Application of Part 9 Division 1 of the Act

(1) Where the City makes a decision as to whether it will – (a) grant an application for a licence; (b) vary cancel or suspend a licence; or (c) impose or amend a condition to which a licence is subject,

the provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations apply to that decision. (2) Under these provisions, an affected person may have the right to object to, or to appeal against, a decision of the City. PART 4 – ENFORCEMENT 4.1 Direction of authorised person to be obeyed

(1) A licensee who is given a lawful direction by an authorised person or a member of the W.A. Police shall comply with that direction.

(2) A licensee shall not obstruct or hinder an authorised person in the performance of that person’s duties.

4.2 Notice to repair damage to public place Where any portion of a public place has been damaged as a result of the use of that public place as an alfresco dining area, the City may, by notice to the licensee, order the licensee to repair or replace that portion of the public place to the satisfaction of the City. 4.3 City may undertake requirements of notice If a person fails to comply with a notice under clause 4.2, the City may do the thing specified in the notice and recover from that person, as a debt, the costs incurred in so doing. 4.4 Removal and impounding of goods Where an alfresco dining area is conducted without a licence or in contravention of a condition of a licence, any furniture may be removed and impounded by an authorised person under regulation 29 of the Regulations.


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4.5 Public access No person shall set up or conduct an alfresco dining area that prohibits public access to that area unless that area is located on private land. 4.6 Offences

(1) A person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence.

(2) An offence against a clause specified in the First schedule of this local law is a prescribed offence for the purposes of section 9.16(1) of the Act.

(3) A person who commits an offence under this local law shall be liable, on

conviction – (a) to a penalty not exceeding $5,000 and if the offence is of a continuing

nature, to an additional penalty not exceeding $500 for each day of part of a day during which the offence has continued.

4.7 Infringement and infringement withdrawal notice For the purposes of this local law –

(a) the form of the infringement notice referred to in section 9.17 of the Act is that of Form 2 in Schedule 1 of the Regulations; and

(b) the form of the infringement withdrawal notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of the Regulations.

4.8 Offence description and Modified Penalty The amount appearing in the final column of the First Schedule directly opposite an offence described in that schedule is the modified penalty for that offence. 4.9 Authorised persons Unless expressly state otherwise by the City, a person appointed by the City to be an authorised person for the purposes of this local law is taken to have also been appointed by the city to be an authorised person for the purposes of sections 9.13 and 9.16 of the Act in relation to offences against this local law. First Schedule City of Fremantle ALFRESCO DINING LOCAL LAW 2014 OFFENCES AND MODIFIED PENALTIES

Item No.

Clause No.

Nature of Offence Modified Penalty $

1 2.1 Set up or conduct an alfresco dining area without a valid licence

300

2 2.7 Failure to comply with a condition of licence 100

3 2.13 (1)

Failure to produce to an authorised person a valid licence when requested to do so

100

4 Other offences not specified 100


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SECONDED: Cr D Hume CARRIED: 12/0

For Against



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PSC1405-82 DOURO ROAD, NO. 19 (LOT 1), SOUTH FREMANTLE - DEMOLITION OF EXISTING BUILDING AND CONSTRUCTION OF THREE STOREY MIXED USE DEVELOPMENT (OFFICE, LUNCH BAR/SHOP AND 20 MULTIPLE DWELLINGS) - (AA DA0587/13)

DataWorks Reference: 059/002 Disclosure of Interest: Nil Meeting Date: 21 May 2014 Responsible Officer: Manager Statutory Planning Actioning Officer: Planning Officer Decision Making Level: Planning Services Committee Previous Item Number/s: PSC1404-61 (2 April 2014 PSC and 23 April 2014

Council) Attachments: 1 – Amended Development Plans (12 May 2014)

2 – Agenda Item of OCM on 23 April 2014 3 – Sustainability Consultant Correspondence 4 – Supporting design documentation

Date Received: 3 December 2013 Owner Name: S-Cargot Pty Ltd Submitted by: Motus Architecture Scheme: Neighbourhood Centre (R25) Heritage Listing: South Fremantle Heritage Area Existing Landuse: Vacant Use Class: Office, Lunch Bar & Multiple Dwellings Use Permissibility: ‘D’ (Office), ‘A’ (Lunch Bar, Shop & Multiple Dwellings)


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EXECUTIVE SUMMARY The application seeks planning approval for the demolition of an existing (vacant) building at the subject site and the construction of a three storey mixed use development including offices, a lunch bar and 20 multiple dwellings. The application was considered by the Council at its ordinary council meeting of 23 April 2014 who resolved;

‘That the application be deferred to the next appropriate Planning Services Committee with delegation in order for amended plans to be submitted that address the following matters:

Reduce plot ratio;

Increase on site parking;

Matters raised by the Design Advisory Committee;

Increase the number of store rooms;

Reduce overshadowing on the southern side of the development; and

Indication of suitability to achieve a 4 star green star energy rating.’ On 12 May 2014 the City received amended plans in response to the above resolution. The following modifications to the proposal have been made;

The residential plot ratio has been reduced by 41m2 to 1,219m2;

The non-residential plot ratio has been reduced by 6m2;

Modifications have been made to the roof elements of the proposal so that the proposal meets the deemed-to-comply criteria relating to overshadowing. This has been achieved through a reduction in floor-to-ceiling heights for certain portions of the development and modification of the roof form of the southernmost unit (apartment 8);

Two addition vehicle bays are provided on-site as a result of the bin storage area being relocated;

The internal layout of dwellings has been modified to improve access to light and ventilation;

14 dedicated storerooms and 6 overhead storage cages are now provided meaning all dwellings are provided with exclusive external storage;

The vehicle access gate on the driveway has been relocated as much as possible away from rooms of the southern adjoining dwelling;

Minor modifications to facade details and internal layout; and,

Sufficient vehicle/pedestrian sightlines are now provided at the boundary of the subject site and eastern adjoining property.

The applicant has also provided correspondence from a sustainability consultant stating that the development is capable of complying with a 4 Star Green Star equivalent rating (see Attachment 3). The modifications are considered to satisfy the Council concerns raised in the resolution above. No further public consultation on the basis of the amended


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plans has been undertaken as the modifications are considered to improve the proposal and do not significantly alter the design of the building. The proposed development (both originally and as amended) is considered, on-balance, to broadly satisfy the merit based criteria of the R-Codes, local planning policies and LPS4 in relation to the all of the above elements. Moreover the proposal has been presented to the City’s DAC for comment and is supported subject to conditions. The application is recommended for conditional approval. BACKGROUND For earlier background to the proposed application, please refer to the ‘Background’ section of Attachment 2. The application was first considered by the PSC at its meeting of 2 April 2014, however no resolution was reached and the application deferred to the next available ordinary council meeting. The application was considered by the Council at its ordinary council meeting of 23 April 2014 which resolved;

‘That the application be deferred to the next appropriate Planning Services Committee with delegation in order for amended plans to be submitted that address the following matters:

Reduce plot ratio;

Increase on site parking;

Matters raised by the Design Advisory Committee;

Increase the number of store rooms;

Reduce overshadowing on the southern side of the development; and

Indication of suitability to achieve a 4 star green star energy rating.’ On 12 May 2014 the City received amended plans in response to the above resolution. DETAIL For a detailed summary of the proposed development, please refer to the Details section of Attachment 2. The amended plans submitted 12 May 2014 include the following changes to the previously considered plans;

The residential plot ratio has been reduced by 41m2 to 1,219m2;

The non-residential plot ratio has been reduced by 6m2;

Modifications have been made to the roof elements of the proposal so that the proposal meets the deemed-to-comply criteria relating to overshadowing. This has been achieved through a reduction in floor-to-ceiling heights for certain portions of the development and modification of the roof form of the southernmost unit (apartment 8);

Two addition vehicle bays are provided on-site as a result of the bin storage area being relocated;

The internal layout of dwellings has been modified to improve access to light and ventilation;


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14 dedicated storerooms and 6 overhead storage cages are now provided meaning all dwellings are provided with exclusive external storage;

The vehicle access gate on the driveway has been relocated as much as possible away from rooms of the southern adjoining dwelling;

Minor modifications to facade details and internal layout; and,

Sufficient vehicle/pedestrian sightlines are now provided at the boundary of the subject site and eastern adjoining property.

The applicant has also provided correspondence from a sustainability consultant stating that the development is capable of complying with a 4 Star Green Star equivalent rating (see Attachment 3). Development plans are included in this report at Attachment 1. STATUTORY AND POLICY ASSESSMENT The proposed development has been assessed against the relevant provisions contained within, LPS4, the R-Codes and Council Local Planning Policies. The proposed development includes the following discretions and design principles assessments;

Land use (discretionary land use);

Building size;

Boundary walls;

Lot boundary setbacks;

Visual privacy;

Street setbacks;

Open space;

Vehicle parking;

Vehicle sightlines; and,

Essential facilities.

Further discussion of the above is contained in the ‘Planning Comment’ section of Attachment 2. CONSULTATION Community A summary of community consultation previously undertaken is contained in the Consultation section of Attachment 2. The comments previously made remain relevant and valid to this assessment. The modifications made to the development are considered to improve the proposal and as a result no additional consultation was undertaken. Technical Services A summary of previous advice from the City’s Technical Service department is contained in the Consultation section of Attachment 2. The comments remain relevant and are reflected in the officer’s recommendation.


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Design Advisory Committee A summary of previous advice from the City’s Design Advisory Committee is contained in the Consultation section of Attachment 2. The DAC has previously recommended approval of the proposal, subject to conditions relating to external appearance, access to light and ventilation and dwelling amenity. The comments remain relevant and the applicant has provided an additional drawing demonstrating the merits of the revised ‘light and ventilation voids’ (Attachment 4). Relevant conditions requiring endorsement of this solution by the DAC is contained in the officer’s recommendation. The amended plans and additional information provided by the applicant is due to be considered by the DAC on 15 May 2014. Minutes of this meeting will not be available at the time this report is finalised. Draft minutes will be circulated to PSC members prior to the meeting on 21 May 2014. PLANNING COMMENT Merit based assessments The application seeks a number of merit based assessment against relevant planning controls. These assessments are discussed in the ‘Planning Comment’ section of Attachment 2. The modified plans subject to this consideration result in changes to some of these assessments. These are discussed below but all unaffected elements (including land use, boundary walls, lot boundary setbacks, street setbacks and open space) have been omitted from this report and are contained in Attachment 2 only. All of these unaffected elements still remain relevant to the exercise of discretion sought for the proposal. Building size (plot ratio)

Deemed-to-comply Provided Merit based assessment

0.7 (954.1m2) 0.89 (1219m2) 0.19 (264.9m2)

The design principle contained as clause 6.1.1(P1) of the R-Codes states that;

‘Development of the building is at a bulk and scale indicated in the local planning framework and is consistent with the existing or future desired built form of the locality.’

The proposal is considered to meet the design principle in the following ways;

The proposed development is considered to meet the wall height requirement specified in Schedule 12 of LPS4 and other merit based assessments relating to lot boundary setbacks are otherwise supported. This leads to the interpretation that the building is consistent with the scale of buildings anticipated in the local planning framework;


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The zoning of the subject site anticipates dense development and the built form of the proposal is considered broadly sympathetic to what would be reasonably expected at the site, and otherwise of manageable impact on the adjoining streetscape;

The additional building size does not result in any merits based assessment relating to solar access;

The above stated plot ratio could be reduced by reduction in the size of internal areas of dwellings proposed. This would have a limited impact on the intensity of the proposal and reduce the amenity of the dwellings proposed.

It is also noted that plot ratio for the purpose of the R-Codes does not include the ground floor non-residential land uses. LPS4 would permit an increase in the non-residential floor area in the building to reduce the overall plot ratio of the multiple dwellings. This could allow the proposal to meet the deemed-to-comply criteria of the R-Codes without altering the size of the building. On-site vehicle parking Vehicle facilities

Element Deemed-to-comply

Provided Merit based assessment

Multiple Dwellings (0.75+0.25 per dwelling)

20 32 (20 at grade bays + 12 stacker bays)

4 Office (1:30m2) 10

Lunch Bar (1:20m2) 6

Total 36

The modified proposal includes a relocation of the existing bin storage area which creates new available space for two additional on-site bays on the eastern boundary. The application now includes the provision of 32 at-grade bays on the subject site and 12 bays serviced by mechanical car-stacking equipment. In submitting the application, the applicant provided the following justification for the shortfall of parking proposed;

‘We have also considered the additional 6 on-street bays as offering reciprocal use between the residential and commercial visitors to the building.’

The application depicts 6 bays located on Hulbert Street and Douro Road. As these bays are not located on the subject site, they are not considered as part of the vehicle parking provision for the proposal. Notwithstanding the above, the proposal is considered to satisfy the discretionary criteria of clause 5.7.3 of LPS4 in the following ways;

The provision of 6 formal off-site bays is considered to sufficiently account for the shortfall of parking provided on-site;

The shared parking area on the ground floor will allow for the use of reciprocal parking by dwellings and non-residential land uses;


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There are opportunities elsewhere in the locality for off-site vehicle parking, particularly nearby along Chester Street;

The subject site is located nearby to local convenience retail, service and hospitality operations and recreational opportunities along South Terrace and at Hampton Road. This access to local activities will result in a reduced demand for parking on the subject site; and,

The subject site is located adjacent to high frequency public transport and cycling infrastructure along Douro Road, South Terrace and Hampton Road.

To ensure the provision of off-site vehicle bays and the reciprocal use of on-site bays, a condition of approval requiring the submission of a parking management plan, prior to the issue of a building permit is recommended. Solar access to adjoining sites


25% (113.75m2) adjoining site area

24.9% (113.6m2) Nil

The amended plans include changes that reduce the external of shadow cast to the southern adjoining property. The proposal now meets the deemed-to-comply criteria relating to solar access. Essential facilities


Each dwelling provided with an external lockable storeroom of at least 4m2

14 external storerooms and 6 overhead cage stores provided for 20 multiple dwellings

6 store rooms.

The proposal now includes 20 at-grade bays with dedicated external storerooms or overhead cage storage available adjoining or over each bay. This provides a clear indication that 20 bays will be available for the 20 dwellings proposed on-site, each with a storage solution directly and exclusively available for use by residents. The exercise of discretion in this instance is sought on the basis that the 6 overhead cage stores do not meet the deemed-to-comply requirements of the R-Codes. These provisions require an external, lockable room with 4m2 of dedicated floor area. The City has previously accepted above vehicle bay ‘cage’ storage solutions on other multiple dwelling developments as these spaces can provide sufficient storage space for dwellings by utilising otherwise unutilised space above vehicle bays. Such a solution would is considered suitable in this instance to provide for the shortfall of dwelling storage rooms.


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Local Planning Policy 2.13 – Sustainable Building Design Pursuant to LPP2.13, the application is required to achieve a rating of not less than 4 Star Green Star using the relevant Green Building Council of Australia rating tool, or an alternative rating tool to the same affect. A condition of approval requiring compliance with LPP2.13 is therefore recommended. The applicant has provided written advice from a suitably qualified consultant advising that the proposal is capable of meeting the 4 star Green Star rating, or an equivalent to the same affect. The applicant has also provided advice demonstrating that the proposal will achieve a higher energy rating than required under the BCA (see Attachment 4). Vehicle sightlines


Walls and buildings not greater than 0.75m above natural ground level where within 1.5m of a vehicle access point

+1.5m truncation provided at eastern boundary.

Nil.

The original proposal did not provide sufficient vehicle sightlines at the junction of the building and an adjoining vehicle access way at No. 23 Douro Road (eastern boundary). The modified plans now depict the ground floor being setback sufficiently to Douro Road to meet the deemed-to-comply requirement. CONCLUSION The application seeks planning approval for the demolition of an existing (vacant) building at the subject site and the construction of a three storey mixed use development including offices, a lunch bar and 20 multiple dwellings. The proposal has previously been considered by the City’s PSC on 2 April 2014 and at its ordinary council meeting of 23 April 2014. At the meeting, the Council deferred the application to seek a number of changes to the proposal. A number of modifications have now been made to the proposal that seek to address the Council’s concerns. The proposed development is considered, on-balance, to satisfy the merit based criteria of the R-Codes, local planning policies and LPS4 in relation to all discretionary elements. Notwithstanding this, the proposal is considered to be of considerable scale compared to existing development in the surrounding locality. As a result, should Council form an alternative opinion to officer regarding development requirements, in particular development height, the following alternative recommendation is provided;

‘That the application be REFUSED under the Metropolitan Region Scheme and Local Planning Scheme No. 4 for the Demolition of existing building and construction of three storey mixed use development (Office, Lunch Bar and 20 Multiple Dwellings) at No. 19 (Lot 1) Douro Road, South Fremantle, as detailed on plans dated 18 March 2014, for the following reasons;


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1. The proposal may have a detrimental impact on amenity by reason that it is of greater bulk, scale and size compared to the existing character of development in the surrounding locality.

2. The proposal is inconsistent with the desired future character and intensity of development in the surrounding locality having regard to such factors as residential density and vehicle parking.’

OFFICER'S RECOMMENDATION MOVED: Cr R Fittock That the application be APPROVED under the Metropolitan Region Scheme and Local Planning Scheme No. 4 for the Demolition of existing building and construction of three storey mixed use development (Office, Lunch Bar and 20 Multiple Dwellings) at No. 19 (Lot 1) Douro Road, South Fremantle, as detailed on plans dated 12 May 2014, subject to the following conditions; 1. This approval relates only to the development as indicated on the approved plans

dated 12 May 2014. It does not relate to any other development on this lot and must substantially comment within 4 years from the date of the decision letter. If the subject development is not substantially commenced within a 4 year prior, the approval shall lapse and be of no further effect.

2. Despite condition 1 of this approval, the plans hereby approved being modified

and/or additional details being provided prior to the issue of a Building Permit, to address the following issues to the satisfaction of the City of Fremantle, on advice of the Design Advisory Committee; i. Modifications to improve access to natural light and ventilation and acoustic

and visual privacy to the internalised mid-level bedrooms next to the internal walkway;

ii. Additional detail relating to colour, texture and material arrangement for final facade finishes;

iii. Further information about the Douro Road entry lobby in terms of its resolution in section;

3. Prior to occupation, the bicycle parking facilities for 7 bicycles depicted on the plans

hereby approved being provided and thereafter maintained to the satisfaction of the Chief Executive Officer, City of Fremantle.

4. Prior to the issue of a Building Permit, the applicant is to submit and have endorsed a Parking Management Plan dealing with the following, to the satisfaction of the Chief Executive Officer, City of Fremantle;

i. The design and construction of 6 on-street vehicle bays including the

embayment of these bays; ii. The reciprocal use of vehicle parking bays on the land including the provision

of one of the bays provided for delivery purposes; and, iii. The suitability of the embayment of vehicle bays on Douro Road and Hulbert

Street and the potential impact of peak traffic on the Douro Road and Hulbert Street intersection.


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5. The car stacking equipment shown on the plans hereby approved being designed, installed and maintained thereafter in order to allow for access and egress of stacked vehicles independent of other vehicles, to the satisfaction of the Chief Executive Officer, City of Fremantle.

6. All storm water discharge shall be contained and disposed of on site or otherwise approved by the Chief Executive Officer – City of Fremantle.

7. The new/ modified vehicle crossover shall be separated from any verge infrastructure by; i. a minimum of 2.0 metres in the case of verge trees ii. a minimum of 1.2 metres (in the case of bus shelters, traffic management

devices, parking embayment’s or street furniture), and iii. a minimum of 1.0 metre in the case of power poles, road name and directional

signs. 8. Prior to the occupation of the development, vehicle crossovers shall be constructed

in either paving block, concrete, or bitumen and thereafter maintained to the satisfaction of the Chief Executive Officer, City of Fremantle.

9. Prior to occupation any redundant crossovers and kerbs shall be removed and the

verge reinstated to the satisfaction of the Chief Executive Officer, City of Fremantle and at the expense of the applicant.

10. Prior to occupation, all screening material shown on the plans shall be installed and

either:

i. fixed obscured or translucent glass to a height of 1.60 metres above floor level, or

ii. fixed with vertical screening, with openings not wider than 5cm and with a maximum of 25% perforated surface area, to a minimum height of 1.60 metres above the floor level, or

iii. a minimum sill height of 1.60 metres as determined from the internal floor level, or

iv. screened by an alternative method to the satisfaction of the Chief Executive Officer, City of Fremantle,

in accordance with Clause 5.4.1 C1.1 of the Residential Design Codes and thereafter maintained to the satisfaction of Chief Executive Officer, City of Fremantle.

11. Prior to occupation, the boundary wall located on the eastern and western

boundaries shall be of a clean finish in sand render or face brick, to the satisfaction of the Chief Executive Officer, City of Fremantle.

12. The design and construction of the development is to meet the 4 star green star

standard as per Local Planning Policy 2.13 or alternatively to an equivalent standard as agreed upon by the Chief Executive Officer, City of Fremantle. Any costs associated with generating, reviewing or modifying the alternative equivalent standard is to be incurred by the owner of the development site. Within 12 months


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of an issue of a certificate of Building Compliance for the development, the owner shall submit either of the following to the City to the satisfaction of the Chief Executive Officer – City of Fremantle;

i. a copy of documentation from the Green Building Council of Australia

certifying that the development achieves a Green Star Rating of at least 4 Stars, or

ii. a copy of agreed equivalent documentation certifying that the development achieves a Green Star Rating of at least 4 Stars.

Cr J Wilson moved an amendment to the Officer's Recommendation to include an addition to condition 4: iv. Methods by which to slow vehicles and improve sightlines for vehicles entering

and exiting the site. CARRIED: 6/0

For Against

Cr Rachel Pemberton Cr Robert Fittock Cr Josh Wilson Cr Ingrid Waltham Cr Bill Massie Cr Jon Strachan

Cr J Strachan MOVED an amendment to the Officer's Recommendation to include the following condition 13: 13 Prior to the issue of a Building Permit the applicant is to submit and have endorsed

a plan whereby on site vehicle parking bays are provided to meet the requirements of Table 3 – Vehicle Parking of the City of Fremantle Local Planning Scheme No. 4 to the satisfaction of the Chief Executive Officer – City of Fremantle

LOST: 0/6

For Against



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Cr J Wilson MOVED to defer the item to Council. LOST:3/4 Cr R Fittock used his casting vote AGAINST the amendment resulting in it being LOST.

For Against

Cr Rachel Pemberton Cr Josh Wilson Cr Ingrid Waltham

Cr Bill Massie Cr Jon Strachan Cr Robert Fittock

COMMITTEE RECOMMENDATION/COUNCIL DECISION MOVED: Cr R Fittock That the application be APPROVED under the Metropolitan Region Scheme and Local Planning Scheme No. 4 for the Demolition of existing building and construction of three storey mixed use development (Office, Lunch Bar and 20 Multiple Dwellings) at No. 19 (Lot 1) Douro Road, South Fremantle, as detailed on plans dated 12 May 2014, subject to the following conditions; 1. This approval relates only to the development as indicated on the approved

plans dated 12 May 2014. It does not relate to any other development on this lot and must substantially comment within 4 years from the date of the decision letter. If the subject development is not substantially commenced within a 4 year prior, the approval shall lapse and be of no further effect.

2. Despite condition 1 of this approval, the plans hereby approved being

modified and/or additional details being provided prior to the issue of a Building Permit, to address the following issues to the satisfaction of the City of Fremantle, on advice of the Design Advisory Committee;

i. Modifications to improve access to natural light and ventilation and acoustic and visual privacy to the internalised mid-level bedrooms next to the internal walkway;

ii. Additional detail relating to colour, texture and material arrangement for final facade finishes;

iii. Further information about the Douro Road entry lobby in terms of its resolution in section;

3. Prior to occupation, the bicycle parking facilities for 7 bicycles depicted on

the plans hereby approved being provided and thereafter maintained to the satisfaction of the Chief Executive Officer, City of Fremantle.


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4. Prior to the issue of a Building Permit, the applicant is to submit and have

endorsed a Parking Management Plan dealing with the following, to the satisfaction of the Chief Executive Officer, City of Fremantle;

i. The design and construction of 6 on-street vehicle bays including the

embayment of these bays; ii. The reciprocal use of vehicle parking bays on the land including the

provision of one of the bays provided for delivery purposes; and, iii. The suitability of the embayment of vehicle bays on Douro Road and

Hulbert Street and the potential impact of peak traffic on the Douro Road and Hulbert Street intersection.

iv. Methods by which to slow vehicles and improve sightlines for vehicles entering and exiting the site.

5. The car stacking equipment shown on the plans hereby approved being

designed, installed and maintained thereafter in order to allow for access and egress of stacked vehicles independent of other vehicles, to the satisfaction of the Chief Executive Officer, City of Fremantle.

6. All storm water discharge shall be contained and disposed of on site or

otherwise approved by the Chief Executive Officer – City of Fremantle. 7. The new/ modified vehicle crossover shall be separated from any verge

infrastructure by; i. a minimum of 2.0 metres in the case of verge trees ii. a minimum of 1.2 metres (in the case of bus shelters, traffic management

devices, parking embayment’s or street furniture), and iii. a minimum of 1.0 metre in the case of power poles, road name and

directional signs. 8. Prior to the occupation of the development, vehicle crossovers shall be

constructed in either paving block, concrete, or bitumen and thereafter maintained to the satisfaction of the Chief Executive Officer, City of Fremantle.

9. Prior to occupation any redundant crossovers and kerbs shall be removed

and the verge reinstated to the satisfaction of the Chief Executive Officer, City of Fremantle and at the expense of the applicant.

10. Prior to occupation, all screening material shown on the plans shall be

installed and either:

i. fixed obscured or translucent glass to a height of 1.60 metres above floor level, or

ii. fixed with vertical screening, with openings not wider than 5cm and with a maximum of 25% perforated surface area, to a minimum height of 1.60 metres above the floor level, or

iii. a minimum sill height of 1.60 metres as determined from the internal floor level, or


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iv. screened by an alternative method to the satisfaction of the Chief Executive Officer, City of Fremantle,


11. Prior to occupation, the boundary wall located on the eastern and western

boundaries shall be of a clean finish in sand render or face brick, to the satisfaction of the Chief Executive Officer, City of Fremantle.

12. The design and construction of the development is to meet the 4 star green

star standard as per Local Planning Policy 2.13 or alternatively to an equivalent standard as agreed upon by the Chief Executive Officer, City of Fremantle. Any costs associated with generating, reviewing or modifying the alternative equivalent standard is to be incurred by the owner of the development site. Within 12 months of an issue of a certificate of Building Compliance for the development, the owner shall submit either of the following to the City to the satisfaction of the Chief Executive Officer – City of Fremantle;

i. a copy of documentation from the Green Building Council of Australia

certifying that the development achieves a Green Star Rating of at least 4 Stars, or

ii. a copy of agreed equivalent documentation certifying that the development achieves a Green Star Rating of at least 4 Stars.

SECONDED: Cr R Pemberton CARRIED: 11/1

For Against

Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Rachel Pemberton Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie

Cr Jon Strachan


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PSC1405-83 SOUTH STREET NO. 399 (LOT 324) SAMSON - DEMOLITION OF EXISTING BUILDING AND CONSTRUCTION OF SIX, TWO STOREY RESIDENTIAL BUILDINGS (18 RESIDENTIAL UNITS) - (AA DA0366/13)

DataWorks Reference: 059/002 Disclosure of Interest: Nil Meeting Date: 21 May 2014 Responsible Officer: Manager Statutory Planning Actioning Officer: Planning Officer Decision Making Level: Planning Services Committee Previous Item Number/s: PSC1311-155 6 November 2013

PSC1402-25 19 and 26 February 2014 Attachments: 1 – Amended Development Plans

2 – 19 February 2014 PSC Item (PSC1402-25) 3 – Alternate layout proposal

Date Received: 31 July 2013 Owner Name: J Townes & Big Moreton Pty Ltd Submitted by: Bernard Seeber Pty Ltd Scheme: Residential (R15) and unzoned Heritage Listing: Not Heritage Listed Existing Landuse: Single House Use Class: Residential Building Use Permissibility: ‘A’


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EXECUTIVE SUMMARY

The application seeks planning approval for six, two storey Residential Buildings containing a total of 18 individual residential units. The application was considered at the PSC meeting of 19 February 2014. PSC recommended that the matter be deferred at the meeting and the application was presented to the Ordinary Council Meeting of 26 February 2014, where the following resolution was made;

‘MOVED to defer the item to the next appropriate Planning Services Committee Meeting in order for the applicant to further address the points raised in the Planning Services Committee resolution dated 6 November 2013.’

The points raised in the 6 November 2013 meeting referred to above are as follows;

Compatibility with existing scale and form;

Compatibility with local character;

Density of occupation;

Parking and access. On 4 April 2014, the applicant submitted amended plans which;

Reduced the number of units on the site from 19 to 18, from an original number of 22;

Reduce the plot ratio of all buildings to 784m2, from an original size of 833.9m2;

An increase in the minimum western setback of buildings from 1.2m to 1.85m and to the southern boundary from 1.8m to 3.13m;

Maintained the same amount of vehicle parking (20 bays);

Further articulated the built-form of the proposal by breaking the former 5 building proposal into 6 buildings;

Included additional details relating landscaping, external finishes and communal outdoor areas.

The amended plans are considered to specifically address concerns raised by the Committee and as required by the planning framework relating to scale, form, character and to some extent, density of occupation. The amended plans also seek to address issues of access to the site, specifically pedestrian access, though the proposed vehicle access point to South Street remains unchanged. It is recognised that the proposal is still of a density greater than the surrounding locality. However the amended plans are considered to sufficiently address the requirements of the planning framework relating to the objectives of the Residential zone, applied design requirements of the R-Codes and the matters previously raised by the PSC.


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The application is therefore recommended, on-balance, for approval. Should the Committee form a different view, an alternative recommendation for refusal is also provided. BACKGROUND

The subject site is located at No. 399 (Lot 324) South Street, Samson and is partly zoned ‘Residential’ and partly unzoned (the eastern portion of the lot) pursuant to LPS4. The subject site exists opposite the intersection of South Street and Plane Tree Grove and borders the eastern extent of the City’s municipal boundary with the City of Melville. The subject site contains an existing single storey Single House and is 1,526m2 in size. Additional background information is included in the previous report on this matter contained at Attachment 2. The application was considered at the PSC meeting of 19 February 2104 and Council meeting of 26 February 2014 where the following resolution was made;

‘MOVED to defer the item to the next appropriate Planning Services Committee Meeting in order for the applicant to further address the points raised in the Planning Services Committee resolution dated 6 November 2013.’

The points raised in the 6 November 2013 meeting referred to above are as follows;

Compatibility with existing scale and form;

Compatibility with local character;

Density of occupation;

Parking and access. On 4 April 2014, the City received amended plans and justification addressing the above resolution. DETAIL

The application seeks planning approval for the demolition of existing building and construction of six, two storey Residential Buildings (18 residential units) including; The plans the subject of this report represented a revised proposal that is different to that consider by the Council at its meeting of 19 February and 26 February 2014. The revised proposal differs from the original proposal in the following ways;

Reduced the number of units on the site from 19 to 18, from an original number of 22;

Reduce the plot ratio of all buildings to 784m2, from an original size of 833.9m2;

An increase in the minimum western setback of buildings from 1.2m to 1.85m and to the southern boundary from 1.8m to 3.13m;

Maintained the same amount of vehicle parking (20 bays);

Further articulated the built-form of the proposal by breaking the former 5 building proposal into 6 buildings;


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Included additional details relating landscaping, external finishes and communal outdoor areas.

It is also noted that in preparing the amended plans, the applicant also provided the City with a number of concept plans demonstrating how the City’s resolution from the 26 February 2014 meeting could be address. The alternate layout proposals are contained at Attachment 3 of this report. The current proposal was ultimately selected as it is considered to have the most limited impact on adjoining properties. In selecting the current proposal, the applicant provided the following reasoning;

‘The best use of the site is for the carparking to be sited where buildings are not permitted (Western Power easement to the east). Spreading carparking in amongst the residences reduces quality of landscape space for people and reduces solar access where intermediate spaces between buildings are closed. Sitting parking adjacent to other residential development is likely to be less complementary for those neighbours. ESD principle supports minimising/optimising hardstand access and car bays. Decentralising parking reduces the opportunity to optimise boundary setbacks while maintaining a financially workable occupancy level. Decentralising parking and further dispersing building form reduces occupancy level and raises costs of construction and rent.’

STATUTORY AND POLICY ASSESSMENT

As per the explanation contained in the previous report on this matter (see Attachment 2), applications for ‘Residential Buildings’ are to be assessed against the equivalent development form prescribed by the R-Codes. The assessment is to be merits based and the R-Codes used as a guide only. For the purpose of this report, the proposal has been assessed in accordance with the ‘Multiple Dwelling’ provisions of the R-Codes. The proposal has been assessed against the relevant provisions of LPS4, R Codes and planning policies. Discretionary decisions and assessment against the relevant design principles are sought against these requirements in relation to;

Land Use (Discretionary Use); and,

Primary Street Setback. These decisions are discussed further in the ‘Planning Comment’ section of this report.


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CONSULTATION

Main Roads Western Australia The originally submitted plans (now further amended) for the application were referred to MRWA as the subject site abuts a portion of South Street identified as a ‘Category 2’ primary regional road. A summary of the MRWA referral and the impact their comments have on the assessment of the application are contained at Attachment 2. Community

The application was required to be advertised in accordance with Clause 9.4 of the LPS4. Having regard to the fact that the application had already been advertised as a ‘significant’ application in accordance with Local Planning Policy 1.3 – Public Notification of Planning Proposals twice before, the following actions were taking in this course of consultation;

Neighbour notification to all properties within 100m radius of the subject site;

Notice of the revised proposal being included on the City’s website. At the conclusion of the advertising period, being 7 May 2014, the City had received 9 submissions. The issues raised in the submissions are summarised as follows;

All comments from previous submissions are reiterated and remain relevant;

The modifications made are minor and do not change the relevancy of previous comments made;

The proposal has not changed sufficiently enough to address the issues previously raised by the PSC;

The number of residential units proposed is well above the density of the surrounding locality;

The materials and scale of the proposal is out-of-character with the surrounding locality. The corrugated iron and timber materials selected are inconsistent with the character of surrounding buildings;

The changes made are irrelevant in light of the objection from MRWA;

The proposal will increase traffic flows in the area leading to a loss of community safety and amenity;

The proposal should not increase traffic and vehicle parking on Rushby Way;

The proposal will result in an increase in crime;

The splitting of buildings into six structures is inconsistent with the single residential character of the locality;

The proposed fencing will not deter visitors or residents from parking on Temby Court;

The advertising of the proposal has not complied with Council policy;

Inadequate areas for clothes drying/washing, rubbish storage and external storage area provided;

The proposal will increase noise pollution; and,

There is no indication of how waste will be collected. The City previously advertised the now superseded proposal on two occasions. A summary of the issues raised and the applicants response to these issues is contained in the previous report on this matter (see Attachment 2).


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PLANNING COMMENT

Land use The land use, being ‘Residential building’ is to be considered against the objectives of the Residential zone contained at clause 4.2.1(a). The table below outlines and considers the relevant objectives of the Residential zone;

Scheme Objective Current Proposal

4.2.1(a)(i) provide for residential uses at a range of densities with a variety of housing forms to meet the needs of different household types, while recognising the limitations on development necessary to protect local character;

The amended proposal diversifies the type of residential accommodation available on the site and the proposal generally provides a form of accommodation that differs from the surrounding locality. This assists in providing a range of residential density and housing forms, thereby satisfying this objective.

(ii) safeguard and enhance the amenity of residential areas and ensure that development, including alterations and additions, are sympathetic with the character of the area;

The amended plans diversify the external treatment of buildings and also increase the number of buildings on-site from 3 to 6. This allows the proposal to present more as single dwellings as opposed to larger multiple dwelling buildings. In particular, splitting the building form into a number of structures allows the building, when viewed from adjoining residential properties, to present as two or three Grouped Dwellings. The amended form of the buildings proposed is considered more sympathetic to the surrounding locality.

(iii) encourage high standards of innovative housing design which recognises the need for privacy, energy efficient design and bulk and scale compatible with adjoining sites;

The design of the proposal is considered to be of acceptable quality.

The articulated form of buildings proposed through the amended plans is considered to be more sympathetic to the character of surrounding buildings in terms of scale and bulk; particularly when viewed from the primary street. The buildings are considered to present to South Street as two storey ‘dwellings’ (rather than 6 units) given the well articulated form and layout of openings. The revised proposal also includes the use of high quality timber and aluminium finishes arranged in a way consistent with a contemporary two storey house.

(iv) recognise the importance of traditional streetscape elements to existing and new development;

The subject site is the only property in Samson with direct access to South Street. It exists in no clearly defined streetscape.

(vi) safeguard and enhance the amenity of residential areas by ensuring that land

The land use is considered on balance to be compatible with the residential character of the area. The amended plans are considered to address concerns relating to


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use is compatible with the character of the area.

building bulk and scale (see comments above).

On the basis of the above, on balance the proposal is considered to satisfy the objectives of the Residential zone. Density & Intensity

Development Form Dwelling Density Maximum Capacity*

Single House, Grouped or Multiple Dwellings

2 dwellings 12 (6 per dwelling)

Proposed (Residential Building)

18 units +18

* Refers to the maximum unrelated persons permitted in a single dwelling by the R-Codes.

The subject site would be theoretically capable of achieving approval for up to 2 Multiple or 2 Grouped Dwellings, or 2 Single Houses pursuant to the R15 code. In this instance, these dwellings would be limited to a capacity of not more than 6 unrelated persons (see table above). Single House sites are also capable of accommodating an ‘Ancillary Dwellings’, which may further increase the effective density of a site. While the effective density proposed is considered to be greater than that in the surrounding locality, the impact of the proposal is considered to be on balance lessened and otherwise considered to be manageable based on the following factors;

The form of the development, in relation to its building bulk, scale and design are considered to be generally consistent with the objectives of the Residential zone as required pursuant to clause 4.2 of LPS4;

The proposal addresses and gains access from South Street. There are limited activities to the south of the subject site (within the immediate locality) that would attract a significant number of residents to the area. Conversely, there are a number of retail, hospitality and employment activities on the northern side of South Street as well as public transport opportunities. This means there will be a greater degree of interaction between the proposal and that on the northern side of South Street and less interaction with the surrounding residential area on the southern side of South Street;

Access to the proposed site is restricted to South Street only. Moreover the proposed vehicle parking provided on-site is considered sufficient for the proposed number of units. In the opinion of officers, the proposal will have limited interaction with adjoining residential sites;

Council may be of the opinion that the proposed intensity of the ‘Residential Building’ is not manageable and may result in significant detrimental impacts on the existing amenity of the adjoining residential area. An alternative recommendation is provided at the conclusion of this report should the Council form this view.


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Primary Street Setback

Required Provided Design Principle Assessment

6m (reduced to a minimum of 3m where compensating area provided)

2.4m 0.6m

As discussed earlier in this report, the application has been assessed against the provisions of a Multiple Dwelling pursuant to the R-Codes. A setback of 6m is required for Multiple Dwellings pursuant to Table 1 of the R-Codes. The R-Codes permits a reduction in the setback up to half the requirement (3m) where a compensating area equal to the incursion is provided behind the 6m setback line. In this instance, the application provides a sufficient compensating area, but goes beyond the maximum reduction of up to 3m. The proposal is considered to meet the relevant design principles of the R-Codes in the following ways;

There are no other dwellings or buildings within the ‘prevailing streetscape’ as other buildings on adjoining sites gain access from Jose Court and Temby Court. Therefore, there is not considered to be an impact on any established streetscape character or pattern of development;

There are examples, albeit in minor development forms (such as patios, outbuildings etc.) near rear boundaries to South Street of a similar setback distance. In these instances, the setback of these buildings would meets the deemed to comply requirements of the R-Codes as they adjoin the rear boundaries of the respective sites; and,

The lesser setback does not encroach into the South Street road reserve nor does it contribute adversely to other amenity impacts such as overshadowing or visual privacy.

CONCLUSION

The application seeks planning approval for six, two storey Residential Buildings containing a total of 18 individual residential units. The application was considered at the PSC meeting of 19 February 2014. No determination was made by the PSC and the application was presented to the Ordinary Council Meeting of 26 February 2014. The application was then deferred to seek a number of modifications. The applicant submitted amended plans on 4 April 2014. The amended plans are considered to specifically address concerns raised by the Committee and as required by the planning framework relating to scale, form, character and to some extent, density of occupation. The application is therefore recommended, on-balance, for approval. However should the Committee form a different view, an alternative recommendation for refusal is provided as follows; ‘That the application be REFUSED under the under the Metropolitan Region Scheme and Local Planning Scheme No. 4 for the proposed Demolition of existing building and construction of six, two storey Residential Buildings (18 residential units) at No. 399 (Lot


Page 54

324) South Street, Samson, as detailed on plans dated 4 April 2014, subject to the following conditions; 1. The proposal is inappropriate having regard to the purposes for which the land is

zoned and Clause 4.2.1(a) of the City of Fremantle’s Local Planning Scheme No. 4 in so far as; a) The proposed density and intensity of the use proposed does not safeguard

or enhance the amenity or protect the local character of the surrounding area or pursuant to c4.2.1(a) (i) and (iv).

b) The development does not safeguard and enhance the amenity of Samson as the development form is considered unsympathetic to the surrounding area pursuant to c4.2.1(a)(ii); and,

c) The bulk and scale of the proposal is considered incompatible with adjoining sites in the context of the single house, low density development of adjoining sites pursuant to c4.2.1(a)(iii).’

OFFICER'S RECOMMENDATION

MOVED: Cr R Fittock That the application be REFERRED to the Western Australian Planning Commission with a recommendation for APPROVAL under the under the Metropolitan Region Scheme and Local Planning Scheme No. 4 for the proposed Demolition of existing building and construction of six, two storey Residential Buildings (18 residential units) at No. 399 (Lot 324) South Street, Samson, as detailed on plans dated 4 April 2014, subject to the following conditions; 1. This approval relates only to the development as indicated on the approved plans,

dated 4 April 2014. It does not relate to any other development on this lot and must substantially commence within four years from the date of this decision letter.

2. The residential buildings are limited to a maximum of 18 beds (one in each bedroom) at any one time.

3. Prior to occupation, landscaping shall be completed in accordance with the

approved plans or any approved modifications thereto to the satisfaction of the Chief Executive Officer, City of Fremantle. All landscaped areas are to be maintained on an ongoing basis for the life of the development on the site to the satisfaction of the Chief Executive Officer, City of Fremantle.

4. Prior to occupation, any screening device(s) or material shown on the plans hereby approved shall be either: a) fixed obscured or translucent glass to a height of 1.60 metres above floor

level, or b) fixed with vertical screening, with openings not wider than 5cm and with a

maximum of 25% perforated surface area, to a minimum height of 1.60 metres above the floor level, or

c) a minimum sill height of 1.60 metres as determined from the internal floor level, or


Page 55

d) screened by an alternative method to the satisfaction of the Chief Executive Officer, City of Fremantle,


5. Prior to the occupation of the development, vehicle crossovers shall be constructed

in either paving block, concrete, or bitumen and thereafter maintained to the satisfaction of the Chief Executive Officer, City of Fremantle.

6. Prior to occupation of the development, the car parking (including bicycle parking) and loading area(s), and vehicle access and circulation areas shown on the approved site plan, including the provision of disabled car parking, shall be constructed, drained, and line marked and provided in accordance with Clause 5.7.1(a) of the City of Fremantle Local Planning Scheme No.4, to the satisfaction of the Chief Executive Officer, City of Fremantle.

Advice to the WAPC

I. In the event that the WAPC supports the proposal however considers that vehicular access should not be gained from South Street, the City would not be supportive of the development if vehicular access was gained via Temby Court which would require rezoning of park land in the City of Fremantle and/or the City of Melville.

Cr B Massie MOVED to defer the item to the next appropriate Ordinary Meeting of Council. SECONDED: Cr J Strachan LOST: 5/7

For Against

Mayor, Brad Pettitt Cr Jon Strachan Cr Rachel Pemberton Cr Sam Wainwright Cr Bill Massie

Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham


Page 56

Mayor, Brad Pettitt MOVED an amendment to the Officer's Recommendation to include an additional Part 7 of the Officer's Recommendation: The WAPC is advised that the City supports the current proposal on the basis of access being provided from South Street only. Land to the south of the subject site is currently vested for public open space purposes and the land to the east is owned freehold by the City of Melville. Therefore South Street is only legal frontage to the subject site. To provide an alternative frontage, the POS reserve(s) would need to be closed or modified and the Melville land would need to be purchased by the applicant. The City would not support the closure of the POS reserve to the south of the subject site. SECONDED: Cr R Pemberton CARRIED: 11/1

For Against

Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Josh Wilson Cr David Hume Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie

Cr Dave Coggin

REASON/S FOR CHANGE TO OFFICER'S RECOMMENDATION

Council is of the opinion access to the development should be from South Street. COUNCIL DECISION

MOVED: Cr R Fittock That the application be REFERRED to the Western Australian Planning Commission with a recommendation for APPROVAL under the under the Metropolitan Region Scheme and Local Planning Scheme No. 4 for the proposed Demolition of existing building and construction of six, two storey Residential Buildings (18 residential units) at No. 399 (Lot 324) South Street, Samson, as detailed on plans dated 4 April 2014, subject to the following conditions; 1. This approval relates only to the development as indicated on the approved

plans, dated 4 April 2014. It does not relate to any other development on this lot and must substantially commence within four years from the date of this decision letter.

2. The residential buildings are limited to a maximum of 18 beds (one in each bedroom) at any one time.


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3. Prior to occupation, landscaping shall be completed in accordance with the approved plans or any approved modifications thereto to the satisfaction of the Chief Executive Officer, City of Fremantle. All landscaped areas are to be maintained on an ongoing basis for the life of the development on the site to the satisfaction of the Chief Executive Officer, City of Fremantle.

4. Prior to occupation, any screening device(s) or material shown on the plans

hereby approved shall be either:

a) fixed obscured or translucent glass to a height of 1.60 metres above floor level, or

b) fixed with vertical screening, with openings not wider than 5cm and with a maximum of 25% perforated surface area, to a minimum height of 1.60 metres above the floor level, or

c) a minimum sill height of 1.60 metres as determined from the internal floor level, or

d) screened by an alternative method to the satisfaction of the Chief Executive Officer, City of Fremantle,

in accordance with Clause 5.4.1 C1.1 of the Residential Design Codes and thereafter maintained to the satisfaction of Chief Executive Officer, City of Fremantle. 5. Prior to the occupation of the development, vehicle crossovers shall be constructed in either paving block, concrete, or bitumen and thereafter maintained to the satisfaction of the Chief Executive Officer, City of Fremantle.

6. Prior to occupation of the development, the car parking (including bicycle parking) and loading area(s), and vehicle access and circulation areas shown on the approved site plan, including the provision of disabled car parking, shall be constructed, drained, and line marked and provided in accordance with Clause 5.7.1(a) of the City of Fremantle Local Planning Scheme No.4, to the satisfaction of the Chief Executive Officer, City of Fremantle. 7.

The WAPC is advised that the City supports the current proposal on the basis of access being provided from South Street only. Land to the south of the subject site is currently vested for public open space purposes and the land to the east is owned freehold by the City of Melville. Therefore South Street is only legal frontage to the subject site. To provide an alternative frontage, the POS reserve(s) would need to be closed or modified and the Melville land would need to be purchased by the applicant. The City would not support the closure of the POS reserve to the south of the subject site.


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SECONDED: Cr D Coggin CARRIED: 11/1

For Against

Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright

Cr Bill Massie


Page 59

At 8.52 pm Cr A Sullivan declared an impartiality interest in item number PSC1405-92 and was absent during discussion and voting of this item. At 8.52 pm Cr R Fittock declared an impartiality interest in item number PSC1405-92 and was absent during discussion and voting of this item. Cr D Thompson vacated the chamber at 8.54 pm during the following item and returned at 8.58 pm prior to determination.

PSC1405-92 PROPOSED SCHEME AMENDMENT NO. 42 - REQUIREMENT FOR REGISTERED ARCHITECT TO DESIGN LARGE DEVELOPMENTS - FINAL ADOPTION

DataWorks Reference: 218/046 Disclosure of Interest: Nil Meeting Date: 21 May 2014 Responsible Officer: Manager Planning Projects Actioning Officer: Strategic Planning Officer Decision Making Level: Council Previous Item Number/s: 22 May 2013 PSC1305-73 and 27 November 2013

PSC1311-169 Attachments: 1. Schedule of Submissions EXECUTIVE SUMMARY

The purpose of this report is to present to Council the submissions received on amendment No. 42 to Local Planning Scheme No. 4 (‘LPS4’ or ‘Scheme’) during the consultation period and to recommend that Council adopt the amendment without modification. The purpose of the Scheme amendment is to introduce into LPS4 the requirement for a registered architect to design large developments over 11 metres in height and in all zones other than the Residential and Industrial zone. It is considered the amendment will strengthen the City of Fremantle’s commitment to delivering quality design and urban form in large developments. Scheme amendment No. 42 was initiated by Council in November 2013 for public consultation and advertised for public comment from 28 January 2014 to 14 March 2014 (46 days). 66 submissions were received during the public advertising period. 30 of the submissions support the amendment and 34 submissions object to the amendment, with submissions making neutral comment. The submissions in support of the amendment generally commend the City for the design initiative. The majority of the submissions that object to the amendment state that the amendment is a restriction on trade and alternative options to improve design would be preferred. BACKGROUND

To further strengthen the City’s approach and commitment to quality design and improve the level of building design provided in development applications viewed by the Design Advisory Committee (DAC), Council considered principles on which to base an amendment to LPS4 that would require large new developments to be designed by a registered architect, similar to a requirement in New South Wales’ (NSW) State Planning Policy State Environment Planning Policy No. 65 – Design Quality of Residential Flat


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Development (SEPP 65). Council supported the following principles at its Ordinary Meeting 22 May 2013 (refer PSC1305-73): 1. Require a registered architect to design “large developments”;

2. “Large developments” are the same developments as those required to be assessed by the City’s Design Advisory Committee (DAC) e.g.11 metres of height or greater in any zone other than the Residential or Industrial zones; and

3. The amendment is to include a sunset clause to ensure trial and monitoring of the provisions.

Following Council support for the above principles of a scheme amendment, Officers from the City of Fremantle and the Office of the Government Architect Western Australia met with officers from the Department of Planning (DoP). A briefing paper on the principles of the amendment was presented and DoP indicated preliminary support. Consequently, the City’s officers progressed with the drafting of the amendment in consultation with the Office of the Government Architect Western Australia and Council resolved at its Ordinary Meeting meeting on the 27 November 2013, to adopt Scheme amendment No. 42 for public comment. For more information on the background of this Scheme amendment please see the 22 May and 27 November 2013 Ordinary Meeting of Council minutes (PSC1305-73 and PSC1311-169). CONSULTATION

The amendment was referred to the Environmental Protection Authority (‘EPA’) for confirmation that a formal environmental assessment was not required, in accordance with regulation 25(2) of the Town Planning Regulations 1967. Following this confirmation from the EPA the proposed Scheme amendment was advertised in accordance with the City’s Local Planning Policy 1.3 - Public Notification of Planning Approvals and Town Planning Regulations 1967 for public comment from 28 January 2014 to 14 March 2014 (46 days), with an advertisement placed in the Fremantle Gazette for two consecutive weeks. The City’s precinct groups, utility companies, interested parties and key agencies were also specifically notified and copies of the amendment documents were made available for viewing at the customer service counter at the Town Hall Centre and on the City’s website. A total of 66 submissions were received. The following table provides an overview of the levels of support, objection or otherwise to the amendment:

Level of support for amendment Number of submissions

Support 30

Object 34

No objection/neutral comment 2

Total 66


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For the most part the submissions in support of the amendment were received from registered architects, related industry bodies or similar and the submissions objecting to the amendment were received from building designers, related industry bodies or similar. See attachment 1 for a full summary of submissions. Summary of Submissions General comments in support The submissions in support of the amendment commend and congratulate Council on the initiative and some also express a hope that more local governments follow the City of Fremantle’s lead. Several of the submissions mention the success of similar provisions in New South Wales’ SEPP65, stating that this policy has improved the quality of residential development in NSW and resulted in a significant positive effect on the quality of life for residents without detrimentally affecting housing affordability or choice. Scope of the amendment 1. Several submissions in support suggest further modification to the amendment including:

broadening the amendment to require a registered architect to design development of two or more storeys in all zones and/or

expanding the amendment to include developments in residential zones. 2. One submission suggests rewording the amendment to require a “registered architectural practice to design” instead of “Registered Architect”. 3. Many of the submissions in objection to the amendment support the need for considering improved and greater design control, but suggest better quality of design could be achieved by increased competition and design scrutiny within the approval process, not through restricting trade to registered architects. Requirement for a registered architect The general response presented in the submissions in support of the amendment is that the profession’s required registration under the Architects Act of Western Australia which includes the requirements of a tertiary qualification, continued professional development and public indemnity insurance, provides an assured high level of design skill that other building design professions do not. Several of the submissions in objection to the amendment raise the point that being a registered architect does not guarantee a high level of design skill. These submissions question the assumption that architects have a superior education and provide a superior service and better outcome. Alternatively, these submissions stress that building designers are as good as architects at designing buildings that look and feel good, work well and are constructed on time and budget. Other submissions against the amendment note that education is only one factor that ensures good design; the individual’s experience and the client’s expectations are key factors in influencing good design outcomes.


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Restriction on trade The submissions objecting to the amendment state that the amendment would be a restriction of trade to building designers and denigrate the many award winning Building Designers that currently undertake this type of work. One submission included examples of larger developments in WA undertaken by building designers including:

Bon Ton Resort

Zeebar Wine Bar

Beaches resort

Eco Resort

BP refinery laboratory, administration building, medical centre, security building and cafeteria

One submission states that the amendment contravenes the Trade Practices Act and does not comply with the Fair Trading Laws of WA. Selection of comments from the submissions Comments from submissions that object to the amendment:

The City of Fremantle will be bypassed by investors due, in part, to inflexible and impractical approaches to planning regulation miss out on significant investment in office, retail, and tourism infrastructure.

The amendment would push up costs for developments in Fremantle.

This would establish a requirement that does not exist elsewhere in WA, making it less attractive for construction companies who engage in-house design teams to be active in Fremantle.

The amendment adds to bureaucratic “red tape” requirements with flimsy evidence from NSW as the basis for the unwarranted change.

The client is generally responsible for a badly designed building and just as many bad buildings are designed by architects.

Quality of design is up to the individual and council, not qualifications. Comments from submissions in support of the amendment:

We live in a society where professional requirement are standard and accepted. Doctors, lawyers, require minimum certification requirements, and almost every professional discipline requires formal certification – from plumbers, carpenters and all trades, to mechanics, to engineers, to accountants to air-conditioner installers. Yet in the context of designing a 20 million dollar building, integrated into a highly historic and cultural community context such as Fremantle, with all of the skills and risk associated - we are seemingly comfortable with the notion that literally anyone has can submit their ‘architectural’ proposals.

This is timely and will most certainly improve the urban environment. Giving those most qualified and interested in built form and design, the legitimate ability to affect those outcomes.

The amendment will improve built form outcomes, bring a greater level of creative expression and improve the ‘quality of life’ of people choosing to live in a higher density format.


Page 63

PLANNING COMMENT

The City of Fremantle is committed to strengthening its planning framework to enhance the quality and amenity of new development and the built environment. The provisions of this proposed amendment are based on New South Wales’ Department of Planning and Infrastructure state planning design policy SEPP 65 that requires a qualified designer (registered architect) to design large residential flat developments. The policy has been demonstrated to improve the quality and amenity of such buildings in NSW. Accordingly Scheme amendment No. 42 proposes inserting the following clauses after 9.2 ‘Accompanying Material’ into LPS4. 9.3 Additional material - Registered Architect Requirements. 9.3.1 Where a development application would require referral to the City’s Design

Advisory Committee under clause 11.8.6.2 the application must additionally be accompanied by:

a) a statutory declaration, made by a Registered Architect (as defined in the Architects Act 2004) that declares that he or she designed, or directed the design of the development; and

b) a design statement addressing the matters listed under clause 11.8.6.3.

9.3.2 The provisions of clause 9.3.1 shall cease to have effect on the date of the fifth anniversary after publication in the Gazette of the amendment introducing those provisions into the scheme.

The introduction of clause 9.3.1 into LPS4 will result in additional material being required to be submitted as part of a planning application when the proposal also requires referral to the City’s Design Advisory Committee as per clause 11.8.6.2 of LPS4 (i.e. any proposed development 11 metres in height or greater in any zone other than the Residential or Industrial zones). The additional material includes a statutory declaration that a Registered Architect designed or directed the design of the development, and a design statement explaining how the proposal addresses principles of good design set out in clause 11.8.6.3. The amendment also includes a ‘sunset clause’, which means the provisions, once gazetted, would cease after five years in recognition that at this stage the initiative is proposed on a trial basis. Addressing the main submission points The scope of the amendment 1. Several of the submissions suggest broadening the scope of the proposed amendment provisions to include smaller developments (e.g. two storey) or developments in the Residential zone. Including smaller developments or developments in the Residential zone into the scope of this amendment would not be in keeping with the intent of the amendment and could unduly restrict practitioners involved in designing smaller developments in Fremantle. Similar to SEPP 65, the underlying intent of the proposed amendment is to improve the design of large developments in the City of Fremantle on the basis that the majority of these large developments will be located in key redevelopment areas (e.g. the city centre zone and ‘east end’) and the buildings will be dominant within the public sphere and


Page 64

contribute to the City’s activity centre built fabric. Therefore to ensure good built form, relevant expertise and experience is essential when designing these developments. Comparatively, the same level of expertise and experience, although useful, is not considered necessary for the design of smaller development types in less high profile locations. Smaller residential development is also subject to well defined and specific design criteria in planning policies (e.g. the Residential Design Codes). Accordingly, officers do not support this submission point. 2. One submission suggests rewording the amendment to require a “registered architectural practice to design” instead of “Registered Architect”. The reason for this suggestion is to ensure that developments are being designed by a company led by registered architects and not by a drafting company or building design company employing an architect. The purpose of the amendment, however, is not to restrict building companies from employing registered architects either for individual projects or as part of their staff. On the contrary, if this approach provides better design and built form outcomes the City would encourage such initiatives. Therefore, this submission point is not supported as it is considered unduly restrictive and outside of the intent of the proposed amendment. Additionally, building designers can become registered architects, where they prove they have sufficient experience (see discussion below on registered architects). 3. The majority of the submissions against the amendment advocate for greater design control as an alternative to requiring a registered architect to design large developments. Adding an additional layer of design control is not considered a suitable approach to the design of large developments in the city. The City already uses a bundle of design initiatives to promote good building design in large developments including design requirements in the City’s LPS4 and applicable Local Planning Policies and State Planning Policies. The City also has a Design Advisory Committee (DAC) which advises on matters associated with the design quality of any proposed building development 11 metres or greater in height in any zone other than the Residential or Industrial zones (refer to clause11.8 of LPS4). The proposed amendment is considered to complement these existing design initiatives while providing flexibility and allowing for innovation and design creativity. Further prescribed design controls would not allow for this same flexibility or innovation and for this reason officers do not support this alternative approach. It is also relevant to note that a sunset clause is included in the proposed scheme amendment that would ensure review of the provisions after five years. As the provisions would be a first for the planning system in Western Australia, this clause would give the City an opportunity to review and assess real data and situations that arise from working with the provisions after they have been in force for five years. Potential modification to the scope of the provisions, or their withdrawal, would be more appropriately considered at this stage once it is certain whether the provisions are working as intended and if they are achieving their objectives of facilitating good design.


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Requirement for a registered architect Many of the submissions in objection to the proposed amendment object to the requirement that only registered architects would be able to design large developments in the City of Fremantle. The percentage of all applications for large scale development received by the City that are designed by building designers is not significant (estimated at 5-10%) and therefore the impact of the amendment provisions upon the design work available to non-registered architects would be minimal. Officers acknowledge that there are some highly competent building designers who are not registered architects, and that the design of a development by a registered architect does not necessarily guarantee a high quality of design from the outset and input from the DAC to improve the design of the development may well still be required. Nevertheless officers consider that registered architects are inherently more likely to possess the required experience and expertise to design large and complex developments as a result of the requirements that must be met in order to become a registered architect (these include at least 5 years of design oriented tertiary education or a minimum of seven years relevant work experience in architecture or related fields with three of these years in an architect’s office, 3000 hours work under the supervision of a registered architect, and ongoing continuing professional development requirements). The operation of similar requirements in NSW since 2002 under SEPP 65 does appear to have delivered a demonstrable improvement in the quality, design and amenity of large scale residential buildings in NSW. Restriction on trade A main point of objection to the amendment is that it would restrict the trade of building designers by only allowing registered architects to design large developments. As stated above, officers consider the proposed amendment provisions would not significantly impact on design work available to building designers. Building designers submit few applications for large developments to the City of Fremantle. Instead building designers lodge the majority of “small development” (single house and commercial building) applications received by the City. If the amendment is approved building designers/non registered architects can continue to carry out this type of design work, including all development in the Residential and Industrial zones and all development under 11m in height, which makes up the majority of applications received by the City. Additionally, there is scope for a building designer to become a registered architect where they can demonstrate they have had sufficient experience in the field. Therefore officers consider the amendment requirements would not have an unreasonably restrictive impact upon the trade undertaken by building designers. In light of the suggestion in some submissions that the proposed requirements may contravene legislation dealing with restrictive trade practices and fair trading, officers have obtained legal advice on this matter. The relevant legislation is the Commonwealth Competition and Consumer Act 2001 (the CCA) and the State of Western Australia’s Fair Trading Act 2010 (the FTA). The advice received unequivocally states that the proposed scheme amendment does not contravene either the CCA or the FTA. The only potentially relevant provisions in the CCA are those in Part IV which deal with cartels. However these provisions apply to the City only to the extent that it carries on a business either directly or by an incorporated company in which it has a controlling interest. The advice states that the undertaking of an inherent function of government, such as regulatory functions, is not considered to be a trading activity or the carrying on of a business.


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The making of planning regulations by the City is an inherent function of government and therefore is not considered to constitute the carrying out of a business. On this basis the restrictive trade provisions in Part IV of the CCA do not apply and are therefore not contravened. The FTA does not contain any equivalent provisions (either in its express terms or by reference) and therefore the City has been advised that the proposed amendment does not in any way contravene the FTA. CONCLUSION This proposed amendment is a design initiative to increase the quality of building design in major developments within Fremantle. It seeks to strengthen the City’s commitment to delivering quality design and urban form. The submissions received raise issues around the scope of the amendment, the registered architect requirement and the potential of the amendment to restrict trade. In the view of officers the points made in the submissions do not warrant any modifications to the amendment. Therefore it is recommended that Council resolve to adopt Scheme Amendment No. 42 to LPS4 without modification. OFFICER'S RECOMMENDATION


1. Pursuant to Regulation 17(1) of the Town Planning Regulations 1967 considers the

submissions in Attachment 1 – Schedule of Submissions; and 2. Pursuant to Section 75 of the Planning and Development Act 2005 and Regulation

17(2)(a) of the Town Planning Regulations 1967, resolves to adopt without modification Amendment No. 42 to Local Planning Scheme No. 4 as follows:

A. Inserting the following clauses after 9.2 accompanying material. 9.3 Additional material - Registered Architect Requirements. 9.3.1 Where a development application would require referral to the City’s Design

Advisory Committee under clause 11.8.6.2 the application must additionally be accompanied by: a) a statutory declaration, made by a Registered Architect (as defined in the

Architects Act 2004) that declares that he or she designed, or directed the design of the development; and

b) a design statement addressing the matters listed under clause 11.8.6.3.

9.3.2 The provisions of clause 9.3.1 shall cease to have effect on the date of the fifth anniversary after publication in the Gazette of the amendment introducing those provisions into the scheme.

B. Renumbering the existing clauses 9.3 Additional Material for Heritage Matters

through to 9.5 Public Inspection of Applications accordingly.


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3. That the Mayor and Chief Executive Officer be authorised to execute the relevant Scheme Amendment documentation.

4. Request the Minister for Planning to grant final consent to Scheme Amendment No. 42 as referred to in (2) above.

LOST: 3/4

For Against

Mayor, Brad Pettitt Cr Rachel Pemberton Cr Jon Strachan

Cr Robert Fittock Cr Josh Wilson Cr Ingrid Waltham Cr Bill Massie

COMMITTEE RECOMMENDATION/COUNCIL DECISION

Mayor, Brad Pettitt MOVED the following alternative recommendation: That council:

1. Pursuant to Regulation 17(1) of the Town Planning Regulations 1967 considers the submissions in Attachment 1 – Schedule of Submissions; and

2. Pursuant to Section 75 of the Planning and Development Act 2005 and

Regulation 17(2)(a) of the Town Planning Regulations 1967, resolves to not adopt Amendment No. 42 to Local Planning Scheme No. 4.

SECONDED: Cr I Waltham CARRIED: 6/4

For Against

Cr Doug Thompson Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Bill Massie

Mayor, Brad Pettitt Cr Jon Strachan Cr Rachel Pemberton Cr Sam Wainwright


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Cr A Sullivan returned to the meeting at 9.05 pm. Cr R Fittock returned to the meeting at 9.05 pm.

STRATEGIC AND GENERAL SERVICES COMMITTEE 14 MAY 2014

SGS1405-19 NOTICE OF MOTION - CR DAVE COGGIN - FREMANTLE SECONDARY EDUCATION OPTIONS

DataWorks Reference: 097/004 Disclosure of Interest: Nil Meeting Date: 14 May 2014 Previous Item: Nil Responsible Officer: Glen Dougall, Director Corporate Services Decision Making Authority: Council Agenda Attachments: Analysis of Fremantle Secondary Education

ELECTED MEMBER SUMMARY

The WA Government is reviewing public secondary school options for students in the Fremantle area and consultation is underway. Local parents have been requesting such a review, as there is concern that the available options may not meet their aspirations, in particular for access to a local comprehensive, academic high school. The Government is likely to consider a number of options. Rather than advocate for one particular option, this motion recommends that Council advocate for an outcome that meets key criteria that reflect the community’s aspirations. On 8 April 2014 the Minister for Education announced a consultation process about public secondary school options for students in the Fremantle area. The Minister and Premier in 2013 advised that they “wanted to make education more dynamic in the Fremantle area”. The process will look at how Government is delivering secondary education currently and whether it is most effective. Factors to be considered include the size of schools, the number of students enrolled, the range of subjects that students can study, and pastoral care programs and support services for students. The process reflects the demands of local parents for Government to review the current options to ensure access to a local, comprehensive, academic high school in the Fremantle area. In the current tight budgetary environment, and given the number of students at two of the schools (Hamilton Senior High School and South Fremantle Senior High School) is significantly below their capacity and unlikely to be filled by local demand, it is likely that Government will review the option of closing or merging schools. Given the process underway and the importance of quality high schools to Fremantle’s reputation and revitalisation it is appropriate for Council to communicate its position to the Government, to encourage the best possible outcome for Fremantle.


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Choosing schools Families who want a local public high school education for their children currently have the choice of South Fremantle High School, Hamilton Senior High School or John Curtin College of the Arts, which was made selective in 2008. A very small catchment of students living near John Curtin has the option of attending that school, otherwise attendance is restricted to those who are selected for a Gifted and Talented (GATE) program. Many Fremantle parents indicate that they are proactively preparing their children to take the GATE test and achieve entry into John Curtin (which could explain why around 30% of local area Year 7s who chose a state school in 2013 went to John Curtin). Only one other metropolitan school (Perth Modern) is totally selective, while other well known “selective” schools such as Churchlands (music) and Applecross (art) have approximately 15% selective intake. The local area private high school options are generally Catholic schools including Christian Brothers College for boys, Santa Maria and Iona Presentation College for girls, and Seton Catholic College. Increasingly, students are leaving local area primary schools early (typically Year 5 or Year 6) to start their private education. In 2013, the Year 7 cohort of local area primary school students was about 211 (source: Minister for Education), after a large number had already left for private school after Year 6. Out of the 211 local area Year 7 students in 2013, 31 chose South Fremantle SHS, 74 auditioned successfully for John Curtin (or came from its small catchment area), 10 chose Hamilton SHS, while others looked beyond Fremantle to Melville SHS (39 students) and Shenton College (6 students). Another 33 went to private school after Year 7. Figure 1. Public schools selected by Fremantle families (Source: Minister for Education, citing Dept of Education Data)


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Local school performance South Fremantle SHS is the local intake school for the bulk of Fremantle-area residents. Enrolment numbers have dropped dramatically in the past decade (Figure 2) and it is not seen as a viable option for many families. The reasons for this change are complex and not understood, but likely to arise from a mix of changing demographics, increased community focus on private schools, bad publicity for the school in the mid-2000s, recent average academic performance, and the small number of students. Due to its small cohort, South Fremantle does not offer the breadth and depth of courses that larger schools do, with Year 11 and 12 students only able to access some core Stage 3 courses by travelling to other schools in the region. The Department of Education reports that in 2014 students at South Fremantle SHS are able to access 9 Stage 3 courses (ie University-entry courses), though it does not indicate how many are only offered at a different school. By comparison John Curtin offers 19 Stage 3 courses, and Hamilton Senior High School offers 6 Stage 3 courses (Source: Department of Education Factsheet for Fremantle Consultation). Department of Education data shows that in addition to the low student numbers, academic performance of students is below its comparative peers (Figure 3), and not many students go on to university (Figure 4). Because of this academic performance, many parents with aspirations for their children to have access to university pathways are concerned that South Fremantle may not provide the best option. It is important to note that South Fremantle performs strongly for vocational students (64% achieving Certificate II or higher), and is well-recognised for its innovative carbon neutral program. While Hamilton SHS is within the study area, it has less engagement with the majority of Fremantle’s local area feeder schools. It falls within the City of Cockburn but some of its catchment schools are shared with South Fremantle SHS. It also suffers from under-enrolment, reducing from 711 in 2009 to 452 in 2014. Hamilton’s facilities are run-down and in need of renewal and investment.


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Figure 2 - Enrolment trends John Curtin College of the Arts and South Fremantle Senior High School (Source: Department of Education data: School Enrolments 1996-2012)

Figure 3 - 2013 Percentage of students acquiring an ATAR achieving one or more scaled scores of 75+ (Source: Department of Education, Schools Online web site)

0

10

20

30

40

50

60

South Fremantle SHS

John Curtin CA Hamilton SHS Shenton College Applecross SHS Melville SHS

2013 - % ATAR students with 75+ Score


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Figure 4 - 2013 Post-school destinations (Source: Department of Education data) South Fremantle SHS Hamilton SHS

John Curtin College of the Arts Shenton College

Cost of schools An economic analysis by parent group Fremantle High School Options of the financial information from the MySchool website suggests why the Government may be considering closing one of Hamilton SHS or South Fremantle SHS. A simple linear regression analysis was undertaken of total recurrent revenue by school roll for public high schools in Perth, indicating that the recurrent annual cost of a public high school in Perth is approximately $4.3 million plus $9,500 per student (this formula explains 92% of the variation in annual income across schools).This means that it costs the Government approximately $4.3 million per annum to operate a school, regardless of student numbers, plus another $9,500 per student.


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This has two ramifications for the discussion about Fremantle education. Firstly, if one school was closed, it would save the Government $4.3 million per annum, which could then be used as Government budget savings, or applied to capital works or new programs at another (or a new) school. Secondly, based on this analysis, both Hamilton SHS and South Fremantle SHS are very expensive schools to run on per student cost – Figure 5 shows a range of government schools per student cost, and it is noticeable that the traditional “high performing” academic schools have significantly lower per student costs, reflecting their large student numbers. The cost of educating a student at South Fremantle SHS, at around $25,000, compares to a cost of around $15,000 per student at John Curtin and $11,000 per student at Rossmoyne SHS. Figure 5 – Cost per student (Source: MySchool website)

Options for secondary education – what parents want Since 2012, the parent group Fremantle High School Options has undertaken extensive community engagement, via surveys, meetings and a community forum. Community feedback suggests that parents believe there is a mismatch between what the community wants and what is available. Local parents have indicated that they want a public high school that meets all of the following Key Community Criteria:

1. is comprehensive, with the full range of academic and vocational courses 2. has a strong academic focus, with pathways to university from Year 7 to Year 12


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3. is open-entry and non-selective (for the majority of students) 4. has a large cohort from the Fremantle community 5. has strong leadership and excellent teachers 6. is safe with excellent pastoral care 7. is close enough for most students to walk/ride

When the local high school options are examined from the perspective of what local parents want, the following problems become apparent: First, parents are concerned that there is no highly performing, academically focussed open-entry public high school in the Fremantle area as there is in Shenton Park, Churchlands, Willetton and Rossmoyne. Instead, the local open-entry public high schools (South Fremantle SHS and Hamilton SHS) have too few students to offer a wide range of subjects and are vocationally-focussed. The partnership with area schools where students take the bus to access other courses is not desirable to many families. South Fremantle SHS in particular has made efforts to address concerns about it, by boosting its focus on sustainability and undertaking more marketing, however the majority of Fremantle parents continue to avoid it, suggesting that it is still unable to offer, or appear to offer, education that can meet parents' key criteria. Second, parents wanting an academic high school are concerned that they have to send their children to a private school some distance away from their local area. Many would prefer a local co-ed public option so that children can walk or ride to school, and one that siblings can also attend. They want the cohort of primary students to remain together through high school instead of being spread amongst many schools. Options that might be considered Given the state of play, the regional population data, and the cost of current services, the Government is likely to consider a number of options, either individually or in combination:

a) Merge South Fremantle SHS and Hamilton SHS (and close one of the campuses), hoping that all current students will stay in the merged school and give it enough scale to offer broader options (and to reduce per student costs), and thus start attracting local area students who currently go elsewhere.

Based on current numbers this school would have a school roll of around 850 students, which would still be small compared to the large high performing public high schools such as Willetton, Shenton College, Churchlands and Rossmoyne. At this size the school still might not be unable to offer an acceptable range of on-campus Stage 3 university entry courses, and hence community's concerns about lack of academic options may not be resolved – suggesting that to be effective, this strategy would need to include additional commitments from Government to ensure that the full range of Stage 3 courses, comparative to John Curtin, Willetton and Shenton College, is offered regardless of student numbers. There would also be a concern that merging two vocationally-focussed schools would simply produce a larger vocationally-focussed school, and thus the options for academic pathways would still be in question.


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Evidence about the performance of "turn around schools" suggests that attempting to re-start a previously failing school is very difficult, and requires significant additional support and commitment to ensure it delivers on the criteria the community want.

b) Transform John Curtin College of the Arts into an open-enrolment school with a school roll that is similar to other large public high schools in its spread of course options, while retaining an arts focus, and deepening its reputation for quality outcomes. From the perspective of many Fremantle parents, this is the simplest and least risky solution, and would require a reduction in the selective intake from 95% down to approximately 60 – 70%%.

John Curtin is already a well-regarded local high school with an academic focus, meaning the local community may more readily embrace it as an alternative to sending their children to a merged South Fremantle/Hamilton SHS or to local Catholic high schools. This solution would require John Curtin to grow to a larger size consistent with comparative high performing schools such as Shenton College, Willetton SHS, and Churchlands SHS. The evidence is that high performing academic public high schools have much larger rolls and enjoy maximum efficiency in most learning areas. It could be argued that allowing more local intake into the school would cause detriment to the school's reputation as an arts school. However, other high schools with relatively small selective arts programs (such as: Churchlands, music; Applecross, visual arts) maintain excellent results and reputations as best-in-field.

c) Establish a new state-of-the-art comprehensive high school to the south, to position it for existing students from Hamilton SHS and capture significant growth that will arise from the Cockburn coast. Such an approach could aim to build a highly regarded school with a roll that is large enough to provide a wide range of academic and vocational programs and will attract the growing population in the southern corridor. Such a school would likely capture the imagination of the community and could draw students who are currently considering private school. To fund this option, the Government would have to consider closing one of (or both of) Hamilton SHS and South Fremantle SHS.

It is possible that the solution may involve more than one of the above options.

VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required


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COMMITTEE RECOMMENDATION

MOVED: Cr D Coggin Cr D Coggin MOVED the notice of motion with a minor amendment to the opening sentence to include the wording as shown in italics: That Council authorise the Mayor to write to and seek a meeting with the Premier and the Minister for Education to support changes to public secondary education in Fremantle and advocate for an outcome that results in Fremantle having open-access public high school options that meet the following key criteria:

1. are comprehensive, with the full range of academic and vocational courses available to all students regardless of school size

2. have a strong academic focus, with on-campus pathways to university from Year 7 to Year 12 regardless of school size

3. have sufficient open-entry and non-selective options for Fremantle students 4. have a large cohort from the Fremantle community 5. have strong leadership and excellent teachers 6. are safe with excellent pastoral care 7. are close enough for most students to walk/ride

Cr I Waltham MOVED an amendment to add a new point 2 to the Committee Recommendation to include the following wording:

2. That Council asks the Premier and the Minister to consider creating a comprehensive, fully inclusive, rebranded senior high school on the South Fremantle SHS site, initially combining students from Hamilton SHS and SFSHS, with a commitment to reinstating the Gifted and Talented Programme to ensure the school has a strong academic focus with ATAR pathways to university from Year 7 to Year 12 with an expanded local intake at John Curtin College of the Arts.

SECONDED: Cr D Hume LOST: 5/7

For Against

Cr Doug Thompson Cr Jon Strachan Cr David Hume Cr Ingrid Waltham Cr Sam Wainwright

Cr Bill Massie Cr Dave Coggin Cr Josh Wilson Cr Rachel Pemberton Cr Robert Fittock Cr Andrew Sullivan Mayor, Brad Pettitt


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REASONS FOR CHANGE TO LOST AMENDMENT

Council needs to be clearer about stating its education objectives to the Minister, while being realistic about its expectations. This means considering the City’s wider strategic objectives and the future needs of a growing population both within the City’s current boundaries, as well as a future greater Fremantle. On initial appraisal, the most optimal solution is to make use of the existing excellent amenities onsite at the South Fremantle Senior High School (SFSHS) campus. Locating Fremantle’s only (predominantly) open-access public high school on the SFSHS site will - with the amalgamation of Hamilton SHS and SFSHS students, together with the reinstatement of a GATE programme - meet all the criteria in Point 1. In addition, Point 2 has the following advantages:

With the implementation of a GATE programme, the school will attract more of those students from the greater Fremantle area that wish to pursue an academic path to university

Result in a public high school with a strong and successful VET programme as well as strong academic ATAR pathways

Create a comprehensive public high school Fremantle can be proud of, with a reputation that will attract people to live in the area

Result in a high school close to public transport, and with existing facilities including sports fields, 50m swimming pool, music centre, recreation centre, new Trades Training Centre and award-winning Carbon Neutral programme

Have with the capacity to expand onsite

Advocating for a rebranded, fully comprehensive high school on the SFSHS site does not negate the possibility of negotiating for an expanded local intake at John Curtin College of the Arts. However, it would result in a relatively small increase in intake, and only for those students in the inner Fremantle suburbs. It is an option to be considered along with a wider, more strategic vision for secondary education in Fremantle.


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COMMITTEE RECOMMENDATION / COUNCIL DECISION

MOVED: Cr D Coggin That Council authorise the Mayor to write to and seek a meeting with the Premier and the Minister for Education to support changes to public secondary education in Fremantle and advocate for an outcome that results in Fremantle having open-access public high school options that meet the following key criteria:

1. are comprehensive, with the full range of academic and vocational courses available to all students regardless of school size

2. have a strong academic focus, with on-campus pathways to university from Year 7 to Year 12 regardless of school size

3. have sufficient open-entry and non-selective options for Fremantle students 4. have a large cohort from the Fremantle community 5. have strong leadership and excellent teachers 6. are safe with excellent pastoral care 7. are close enough for most students to walk/ride

SECONDED: Cr R Fittock CARRIED: 12/0

For Against



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PLANNING SERVICES COMMITTEE 7 MAY 2014

Cr R Fittock MOVED en bloc recommendations numbered PSC1405-76, and PSC1405-77. SECONDED: Cr R Pemberton CARRIED: 12/0

For Against

Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie

The following item number PSC1405-76 was MOVED and carried en bloc.

PSC1405-76 PROPOSED PUBLIC ROAD RE-NAMING - OF A PORTION OF HOLMES PLACE HILTON OFF RENNIE CRESCENT - 'DOOLYA ROAD' - KW

DataWorks Reference: 164/001 Disclosure of Interest: Nil Meeting Date: 07 May 2014 Responsible Officer: Manager Statutory Planning Actioning Officer: Land Administrator Decision Making Level: Council Previous Item Number/s: PSC1403-45 (5 March 2014 PSC and 29 March 2014

Council) Attachment 1: Landgate renaming request on Survey-Strata Plan 66247


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Figure 3

EXECUTIVE SUMMARY

On 29 March 2014 Council resolved to defer the matter to the next Planning Services Committee (PSC) meeting, to allow staff to notify the affected property owners of the City's proposed changes to the road name and street addressing. In accordance with Councils resolution, the City wrote to all owner/occupiers located within the affected area on 07 April 2014. Initially the City received a request from the Geographic Names Committee (GNC) Landgate, for Council to consider the renaming of Homes Place, Hilton between Rennie Crescent and Nicholas Crescent for street addressing purposes (see Figure 1 and attachment 1). The proposed new road name of 'Doolya Road' is selected from the City of Fremantle Reserved Road Names Register ('Register') with the GNC providing conditional approval on 11 February 2014. The name 'Doolya' pronounced 'Dool-ya' is from the Nyoongar Language meaning a 'fog' or 'mist'. The City has previously received written approval from the South West Sea and Land Council's Whadjuk Working Party (WWP) for the use of the word in road naming. The proposed road name provides the suburb of Hilton with a unique opportunity to apply a local Nyoongar word to a section of road opposite the Hilton Primary School which describes a fog or mist commonly seen in Hilton and surrounding suburbs several times a year.


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The new GNC Policies and Standards for Geographic naming in Western Australia 2013 ('the Standards') have reduced the types of suffixes available for this section of roadway leaving 'road' or 'street' as options with 'Crescent' and 'Place' non-compliant. Further, the Standards require a property to be allocated a unique, sequential street address using the road name of the street that the property faces. It is therefore recommended that Council approve the re-naming of the portion of Holmes Place, Hilton between Rennie Crescent and Nicholas Crescent, 'Doolya Road' as the new name to be applied to this section of public roadway for street addressing purposes. BACKGROUND

The GNC Standards require a property to be allocated a street address with the same road name as the one the property fronts onto. This configuration of street addressing provides for faster location of properties especially in the case of emergency services. In the map above (Figure 1) the two subdivided properties on the southern side of Homes Place have street numbers of 44A Rennie Crescent and 56A Nicholas Crescent, Hilton. Both these properties, including the future subdivided lots on the northern side, should have street addresses incorporating the road name of Holmes Place which fronts the properties. As the street numbering for Holmes Place ascends from No. 1 on the eastern side of Nicholas Crescent, it is not possible to provide the centre lots between Nicholas Crescent and Rennie Crescent a Holmes Place street number which runs in the required ascending sequence. Therefore the alternative suggested by the GNC is to rename the portion of Holmes Place as described above in order to provide a unique, sequential street address to both the current and future subdivisions of the centrally located lots. The proposed name of 'Doolya' is currently listed on the City's road naming Register and approved for use as a road name by both the WWP and the GNC. On 29 March 2014 (PSC1403-45) Council resolved to: Defer the item to the next appropriate Planning Services Committee meeting to allow staff to notify the affected residents of Holmes Place. STATUTORY REQUIREMENTS Landgate is responsible for road naming and is guided by the Geographic Names Committee (GNC). The GNC provide the Policies and Standards in relation to the naming of roads, features, townsites and places in Western Australia. There is no GNC requirement to advertise public road naming. Consultation is only required by the GNC when naming Ovals, Pavilions, the naming or renaming of Parks and Reserves or the naming of Towns and Localities. The following publications are referred to by the GNC when assessing road naming and street addressing compliance;


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The Geographic Names Committee - Policies and Standards for Geographical Naming in Western Australia (released on 1/1/2013).

The Australian/New Zealand Standard Rural and Urban Addressing (AS/NZS 4819:2011 for street addressing (3rd edition released in 2011).

A copy of the publications is available upon request. The use of Aboriginal names for the purpose of road naming requires the approval of the Whadjuk Working Party (WWP) of the South West Aboriginal Land and Sea Council. The WWP meet bi-monthly to consider all submissions presented. COMMENTS The re-naming of a portion of Holmes Place, Hilton between Rennie Crescent South and Nicholas Crescent t is required for street addressing purposes as suggested by the GNC Landgate (see attachment 1). The existing properties centrally located on the southern side of the subject portion of Holmes Place may require an amendment to the current street addresses under this proposal. In addition, new street addresses will be allocated to the rear of 42 Rennie Crescent, Hilton, after receiving subdivision approval from the Western Australian Planning Commission (WAPC), together with an address set aside for the potential subdivision of 58 Nicholas Crescent - thereby covering the centrally located lots on the northern side of the subject area. Careful consideration with regard to the selection of a proposed road name was made by the City's officers resulting in the WWP approved name of 'Doolya' from the Nyoongar Language - a word to describe a 'fog' or 'mist'. The City of Fremantle Aboriginal Engagement Officer made the following comments; "I fully support the use of Nyoongar words as road names for the CoF that have been approved by the Whadjuk working party from South West Aboriginal Land and Sea Council. This is the appropriate level of engagement and confirms the procedural rights belonging to the established and verified Traditional Owner group." EXTERNAL SUBMISSIONS

Neighbour Notification: Yes. The adjoining owners/occupiers of the affected properties were notified of the proposed road re-naming together with the allocation of new street addresses of future developments which face the roadway - west of Nicholas Crescent, Hilton. The City received one telephone call in response to the notification from an owner who supported the proposal including the new street address for the subdivided portion of their property.


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Street re-numbering The notification to the affected land owners and occupiers of street re-numbering usually occurs after both the Council and the Minister for Lands has approved a new road name or the partial/full re-naming of a road. The notification to affected land owners/occupiers of new street numbers is outlined in the City's Delegated Authority Register as detailed below; The City's Delegated Authority Register section 3.43 titled 'Street Numbering' with condition 2 titled 'Re-allocation of existing numbers' outlines the process by which the City's officers should follow with condition 2 clause 2.6 stating as follows; 'All property owners and occupiers affected to be notified in writing of the re-numbering of the street. Notification should include the current street number and the proposed re-allocation pertaining to that property'. CONCLUSION

It is recommended that Council approve the re-naming of the portion of Holmes Place, Hilton4 between Rennie Crescent and Nicholas Crescent to 'Doolya Road' for street addressing purposes. The new configuration of street addresses complies with the GNC Guidelines and provide for a faster location of the abutting properties in the case of an emergency together with visitors and delivery services. The proposed road name is listed on the City of Fremantle registered road naming Schedule approved by the Minister for Lands. The Geographic Names Committee provided the City with conditional approval for the use of the name as a result of a preliminary enquiry. The Whadjuk Working Party provided the City with written approval for the use of the name Doolya for road naming purposes on 12 November 2012. Council is therefore asked to consider renaming the portion of Holmes Place as shown in Figure 1, 'Doolya Road' for street addressing purposes. COMMITTEE AND OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr R Fittock That Council advise the Geographic Names Committee of the proposed re-naming of the portion of Holmes Place, Hilton located between Rennie Crescent and Nicholas Crescent, with the name 'Doolya Road' for street addressing purposes.


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CARRIED: 12/0

For Against



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PSC1405-77 SCHEME AMENDMENT NO. 61 - AMENDMENT TO SUB AREA 1.3.2 OF LOCAL PLANNING AREA 1 - INITIATION

DataWorks Reference: 218/068 Disclosure of Interest: Nil Meeting Date: 2 April 2014 Responsible Officer: Director Planning and Development Services Actioning Officer: Strategic Planner Decision Making Level: Council Previous Item Number/s: PSC1402-21 (Council 26 March 2014) – Principles for an

Amendment to Sub Area 1.3.2 Attachments: 1. PSC1402-21 Consideration of the principles of a

proposed Amendment to Sub Area 1.3.2 of Local Planning Area 1 2. Track changes of proposed amendment to Sub Area 1.3.2 of LPA1


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EXECUTIVE SUMMARY

The purpose of this report is to recommend that Council initiate an amendment to Local Planning Scheme No. 4 (LPS4) to:

Amend Sub Area 1.3.2 of Local Planning Area 1 – City Centre to:

o Remove the mandatory 15% Office land use requirement;

o Modify the additional discretionary height provisions to -

reduce the percentage of Affordable Housing required from 15% to 10%; and

include a provision that no car parking will be allowed for at least 5% of the total residential dwellings within a development (excluding the Affordable Housing dwellings); and

delete the reference to storeys and refer to building height in metres only;

o Include a provision to remove the Residential Design Code

requirement for on-site visitor car parking for residential dwellings;

o Present the as of right and additional discretionary heights in a single

building height table;

o Include an additional site, 35 William St, Fremantle in the sub area and

associated provisions.

Amend the map of Sub Area 1.3.1 of Local Planning Area 1 to remove 35 William St, Fremantle from the sub area due to its inclusion in Sub Area 1.3.2.

Sub Area 1.3.2 formed part of Scheme Amendment No. 49 and included associated provisions to change the development requirements of a number of key sites within the inner east end of the City Centre zone, including allowing additional discretionary height at some sites. Since gazettal of Amendment 49 on 18 January 2013, property industry feedback has suggested that some provisions may not be achieving the intended outcomes. Subsequently, officers engaged the services of Cameron Chisholm Nicol (CCN) architects to undertake a high level investigation of the commercial viability of the provisions with a case study on a specific site. The recommendation that Council initiate an amendment follows Council’s resolution of in-principle support on 26 March 2014 for an amendment to Sub Area 1.3.2 of LPS4 in response to findings of CCN (please see Attachment 1 for the full report). City officers have subsequently prepared a Scheme Amendment report in line with Council’s previous resolution of 26 March 2014. Accordingly, Council is recommended to resolve to initiate Scheme Amendment No. 61 for public advertising. BACKGROUND

Local Planning Area 1 (City Centre) - Sub Area 1.3.2 Scheme Amendment No. 49 was gazetted on 18 January 2013. Amendment 49 included a new sub area, sub area 1.3.2, and associated provisions, to change the development requirements of a number of sites within the inner east end of the City Centre zone.


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The purpose of the Amendment is to help achieve the Council’s strategic objectives for increased retail and commercial activity and residential population in the City Centre zone. The associated development requirements for sites in sub area 1.3.2 address land use, building heights and setbacks and other development standards, and are based on the development principles prepared by the City Centre Strategic Sites Working Group to inform this Amendment, in addition to community feedback during consultation. Key development provisions of sub area 1.3.2 include:

Mandatory minimum 15% of NLA within all new development to be Office land use on sites of 3000sqm or greater.

No parking requirements for Office land uses where located above ground floor level.

As of right (permitted) building heights.

Additionally, sub area 1.3.2 allows development proposals on a number of the sites within the sub area to seek additional discretionary height (above the permitted building height) subject to meeting a suite of criteria. These criteria include:

Distinctive architecture and exceptional design quality;

Five Star Green Star rating for environmental performance;

High quality landscaped and publicly accessible pedestrian environment at ground level;

Provision of 15% Affordable Housing;

Limited to 40% of the total development site; and

Maximum of nine storeys. Officers have observed that overall take up of development opportunities within the sub area outside the Kings Square Development Project area has been slower than expected, with concern elements of the current provisions may not be favourable in encouraging development, particularly under the additional discretionary height provisions. With consideration of this, officers engaged the services of Cameron Chisholm Nicol (CCN) architects to undertake high level investigation of the commercial viability of the current provisions of sub area 1.3.2 on a nominated site, 2 Queen Street (Lot 1 - Target). Please refer to the in-principle report at Attachment 1 for the full details of CCN’s investigations and applicable officer comment. Principles of a Scheme Amendment At its Ordinary Meeting on 26 March 2014, Council considered a report outlining broad principles to guide an amendment to sub area 1.3.2 of LPA1 of LPS4, with the resolution of Council as follows (please see Attachment 1 for the full report):

i. Remove the mandatory 15% Office land use requirement; ii. Modify the additional discretionary height provisions to –

a. reduce the percentage of Affordable Housing required from 15% to 10%; and

b. include an additional provision that requires 5% percentage of the total residential yield (excluding affordable housing dwellings) to have zero car parking bays;

iii. Delete the reference to storeys and refer to building height in metres only;


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iv. Remove the Residential Design Code requirement for on-site visitor car parking for residential dwellings;

v. Investigate 35 William Street, Fremantle for inclusion as an additional site within the sub area.

vi. Review the discretionary criteria and provisions relating to building volume vii. Review discretionary criteria for building height to include the development of

predominately office use as an alternative to the provision of affordable housing. viii. Investigate lot 381 William Street for inclusion as an additional site within the sub

area. Subsequently, officers have prepared a Scheme amendment report in line with Council’s resolution above for Council’s consideration. This is discussed in detail in Planning Comment below. CONSULTATION

Should Council resolve to initiate this amendment to the Scheme, it will be referred to the Environmental Protection Authority (EPA) for assessment, prior to the commencement of advertising. Assuming the EPA does not require an environmental assessment, the amendment will be publicly advertised for not less than 42 days in accordance with the Planning and Development Act 2005, the Town Planning Regulations 1967 and the City’s Local Planning Policy 1.3 - Public Notification of Planning Proposals. PLANNING COMMENT

The observations of CCN’s investigations were considered and discussed in the in-principle report endorsed by Council 26 March 2014. Please refer to this report at Attachment 1 for full background and detail of CCN’s investigations and findings. Overall, no major changes are recommended to the proposed principles of the Scheme Amendment as endorsed by Council at its Ordinary Meeting 26 March 2014. Each of the items of Council’s resolution, including the officers recommendation, are discussed in detail below. For clarity, all proposed amendments to the provisions of Sub Area 1.3.2, as discussed below, are set out in Attachment 2 as ‘track changes’ in red, in addition to the officers recommendation. Sub Area 1.3.2 – 15% Office land use requirement Clause (a)(iii) of Sub Area 1.3.2 of LPA1 of the Scheme requires ‘A minimum of 15% of the net lettable area within all new development on sites with a development site area greater than 3000sqm shall be provided for Office use’ The following provisions of Sub Area 1.3.2 are complementary to this requirement:

o cl. (a)(i) Residential uses will not be permitted in new buildings at ground level

adjacent to Queen Street, Adelaide Street and Kings Square

o cl. (a)(ii) Land uses at ground level shall contribute to generating interest and activity

within the adjacent public realm.


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Officer comment

The requirement for a percentage of Office land use within the Sub Area was initially identified by the City Centre Strategic Sites Working Group, to encourage a significant amount of new high quality large floorplate office floorspace within the city centre and a mandatory requirement to include office floorspace in all larger developments was recommended. The provision of new high quality office floorspace within the city centre is also identified as a key objective of the City’s Strategic Plan and Economic Development Strategy, with a general target of 70,000sqm. It is noted the provision of this target applies to the Fremantle Strategic Activity Centre as a whole, inclusive of but not limited to Sub Area 1.3.2. For CCN’s observations on this provision please refer to the in-principle report at Attachment 1. The requirement for 15% office applies to development site areas greater than 3000sqm. Sites subject to this requirement include those sites currently with a development approval as part of the Kings Square development project, including the former Myer site, Queensgate, and Spicer site. These sites have the potential to provide approximately 40% of the target additional office floor space for the centre (as set out in the table below) and meet the intent of the provision in providing new high quality large office floorspace. It is also observed the Fremantle Port, along with the City and the PTA, are continuing work on the Victoria Quay commercial precinct plan, with the proposal to include approximately 30,000sqm of A grade commercial office and essentially a further approximately 40% of the City’s target for office floorspace.

Site Proposed Office floorspace

Victoria Quay Commercial Precinct Approx. 30,000sqm

Former Myer site (part site 9) Approx. 14,500sqm

Queensgate (part site 9) Approx. 8,500sqm

Spicer site (site 10a/b) Approx. 6,000sqm

Total 59,000sqm

The provision of Office land use at the remaining qualifying sites of sub area 1.3.2, when provided within a predominantly residential development as the market is currently demanding, may potentially result in a piecemeal approach to the provision of Office floorspace that will not provide more than the absolute minimum floor space required, and may not be of a high standard. Officer recommendation Officers observe the original intent of this provision is to facilitate new high quality, large floorplate, employment-generating office floorspace. As outlined above, up to approximately 84% of the City’s office floorspace target could potentially be provided within the Kings Square development project sites and the future Victoria Quay Commercial Precinct. These development sites propose predominately office land use of a large scale, high grade and quality. Additionally, it is reasonable to assume that some market demand for smaller new office accommodation within the Fremantle Strategic Activity Centre will also exist and will drive the development of other office floorspace even if it is not a mandatory requirement under the City’s Scheme.


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Therefore, in light of the above considerations and consistent with Council’s previous ‘in-principle’ resolution, officers recommend the removal of the mandatory 15% Office requirement at clause (a)(iii) of sub area 1.3.2 to allow the market to determine the land use above the ground floor. This will provide developers with flexibility and the ability to be responsive to the market, produce high quality commercial specific product, and potentially contribute further to the available residential floor space (including Affordable Housing) within the sub area. Modification to the additional discretionary height provisions Proposed amendment to the additional discretionary height criteria of the sub area is discussed in three parts: (a) Remove the reference to building height in storeys (b) Reduce the percentage of Affordable Housing required (c) 5% of total dwelling yield not to provide car parking bays (a) Remove the reference to building height in storeys

Sub area 1.3.2 allows a number of the sites within the sub area to seek additional discretionary height subject to meeting a number of criteria (please see Attachment 2 for a map of the sub area sites). The additional discretionary height may be permitted at the following sites as follows:

Site Additional discretionary height

Maximum building height achievable

1 +14.4 metres 38.9 metres



6a +7.2 metres 31.7 metres

6b +7.2 metres 21.2 metres

6c +7.2 metres 24.7 metres


One of the requirements in application of the additional discretionary height is that “there are no more than 9 storeys above ground level within the development, with the exception of development on Site 1” (clause (f)(iii)). Based on a scenario of a ground floor to ceiling height of 4.5m (as required in the sub area) and a floor to ceiling height of 3m on the upper floors, a nine storey building (including ground floor) could be equivalent to approximately 30m total building height. Officers are aware that some developers may offer a residential product with 2.8m floor to ceiling heights at the upper floors and this could potentially allow an additional storey within some of the prescribed heights, if the nine storey limit did not also apply. With regard to the above, the additional discretionary height provisions allow two sites, sites 4 and 6a, a maximum building height above 30m. With regard to site 4, the removal of the limit of nine storeys to the maximum building height of 35.3m would potentially allow an additional one to two storeys under the above scenarios. With the additional requirement that the additional discretionary height be limited to 40% of the development site area, the removal of a storey limitation could potentially provide an additional 5-10%


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floor space over the entire site (subject to the site being fully developed under these provisions) and although this is a marginal increase, in combination with the further amendments as proposed in this report, may contribute to a greater commercial viability of the site(s). Officer recommendation The removal of the reference to storey allows greater flexibility in design within the maximum height, potentially an increase in floor area in sites 4 and possibly 6a, as well as providing a single and clear interpretation of maximum building height. Therefore officers recommend the deletion of clause (f)(iii) there are no more than 9 storeys above ground level within the development, with the exception of development on Site 1 from Sub Area 1.3.2 (please refer to Attachment 2 for proposed Amendments). (b) Reduce the percentage of Affordable Housing required Sub area 1.3.2 allows a number of the sites within the sub area to seek additional discretionary height subject to meeting a suite of criteria. This criteria includes:

Distinctive architecture and exceptional design quality

Five Star Green Star for environmental performance

High quality landscaped and publicly accessible pedestrian environment at ground level

Provision of Affordable Housing The requirement for a percentage of Affordable Housing is set out as follows: Where the net lettable area within the development for residential purposes is greater than 1000sqm, a minimum of 15 per cent of the residential net lettable area shall be provided for ‘affordable housing’. Council may, at its discretion, consider the provision of the required amount of affordable housing on an alternative development site(s) within the general locality of the development site. ‘Affordable Housing’ is defined in the City’s Local Planning Scheme No. 4 as: Affordable housing refers to dwellings which households on low-to-moderate incomes can afford, while meeting other essential living costs. It includes public housing, not-for-profit housing, other subsidised housing under the National Rental Affordability Scheme together with private rental and home ownership options for those immediately outside the subsidised social housing system. Officer comment CCN’s investigation showed that for the case study site, the additional dwellings provided through the additional discretionary height would not deliver any net increase in overall market dwelling yield once the 15% affordable housing component has been accounted for. Further high level assumptive calculations undertaken by officers generally show a similar outcome for other additional discretionary height sites where residential land use may be proposed. Although based on one development site, and not the whole sub area, CCN’s observations demonstrate that even before consideration is given to the cost and viability imposts of the remaining criteria of the additional discretionary height provision (i.e. 5 star green star rating and exceptional design quality, plus the additional construction costs that apply in any event to buildings above 29m in height due to different construction code requirements), the 15% Affordable Housing requirement is a


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considerable deterrent to developers in pursuing the additional discretionary height. As a consequence, none of the desired outcomes of Affordable Housing, five star green star or exceptional design quality may be achieved in an applicable development. Presently, Affordable Housing has not been provided in proposed development within sub area 1.3.2 since its gazettal. Where additional discretionary height has been sought at site 9, no residential development has been proposed and therefore the 15% affordable housing requirement has not been triggered. Amending this requirement would not prevent the City from continuing to facilitate the provision of affordable housing through other means, such as a condition of sale of City owned property – for example, 50 Pakenham St (SGS1306-17 30 October 2013) and most recently, 7 Quarry St (see item SGS1401-2 22 January 2014). Additionally, as part of a Scheme amendment proposal for a Department of Housing (DoH) site adjacent to the city centre (Amendment No. 57), the City and the DoH have agreed for future development to contain between 10-15% social housing, and a minimum of 30% of the remaining yield as affordable housing on this site. Council’s resolution of 26 March 2014 also sought modification to the additional discretionary height provisions to include an additional provision that requires 5% percentage of the total residential yield (excluding affordable housing dwellings) to have zero car parking bays, with the intent to provide lower cost market housing in addition the ‘affordable housing’. This is discussed in further detail below. Officer recommendation Officers acknowledge the provision of affordable housing within the City a strategic priority of the Council. With consideration of the observations above, and the proposed amendment to require a minimum of 5% of the dwelling yield to not provide a car bay as part of the additional discretionary height criteria (as next discussed in this report), to be viable as well as achieve the provision of affordable housing within the sub area, officers recommend reduction of the percentage of affordable housing from 15% to 10% within the current provision. (c) 5% of total dwelling yield not to provide car parking bays Council’s resolution of 26 March 2014 also sought modification to the additional discretionary height provisions to include a provision that requires 5% percentage of the total residential yield (excluding affordable housing dwellings) to have zero car parking bays. The CCN report observed the provision of car parking bays to be a sizeable financial impost on the cost of housing. For example, the cost of a car bay for a multi-residential development is estimated at $25-30,000 per bay and this cost is effectively on sold to the buyer. It is considered the proposed amendment to require a minimum of 5% of the total dwelling yield to not provide car parking, in addition to the existing (as modified) affordable housing requirement, would potentially facilitate housing that is more affordable within the current market and contribute to providing a greater yield of diverse housing within the City centre. Dwellings without a car bay will potentially have a greater appeal to the homebuyer/occupier as opposed to the investor, as well as contributing to the City’s diversity in housing and promotion of environmentally friendly transport options.


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Officer recommendation Officers propose the following provision be included within sub area 1.3.2 clause (f)(v), in addition to the reduction in the percentage of affordable housing, as shown in red text:

(v) Where the net lettable area within the development for residential purposes is greater than 1000sqm, :

a minimum of 15 10 per cent of the residential net lettable area shall be provided for ‘affordable housing’. Council may, at its discretion, consider the provision of the required amount of affordable housing on an alternative development site(s) within the general locality of the development site. ; and

a minimum of 5% of the total dwelling yield of the development shall not be provided with a designated car bay. The number of dwellings that are not provided with a designated car bay as required by this clause shall not include any of the dwellings to be provided for ‘affordable housing’.

Council may require, as a condition of planning approval, provision to be made to include notification on the property title(s) that owners and/or occupiers of dwellings without designated car parking bays will not be entitled to on-street residential parking permits.

Remove the requirement for visitor car parking for residential dwellings Vehicle parking requirements are set out in Table 3 of LPS4. For multiple dwelling residential uses the Scheme requires car parking as per the Residential Design Codes. The deemed to comply provisions of the Residential Design Codes (clause 6.3.3) require 0.25 visitor car bays per dwelling for a multiple dwelling development. CNN observed the Residential Design Code requirement for private car parking is reasonably consistent with commercial expectations; nonetheless, a relaxation in visitor bay requirements would have a positive impact on affordability and viability of the development within the sub area. As discussed for the previous provision in planning comment above, the cost per car bay within a multi-residential development is significant, with the transfer of this cost effectively being on sold to the buyer. The current car parking requirements for sub area 1.3.2 are as follows:

cl. (k) The provisions of clauses 5.7.1 to 5.7.4 inclusive do not apply for Office land uses where located above ground floor level. cl. (l) The provisions of clause 5.7.3 (a) (i) and (ii) of the Scheme do not apply in Sub Area 1.3.2. Clause 5.7.3 - Relaxation of Parking Requirements of LPS4 allows an applicant to apply for variation (generally a reduction) to the vehicle parking requirements of Table 3 – Vehicle Parking of the Scheme. With regards to clause (l) above, an applicant may not use the availability of car parking in the locality, including street parking or the availability of public transport in the locality, as justification to seek a variation in vehicle parking under cl. 5.7.3 of the Scheme. Officers also observe the explanatory guidelines of the R Codes sets out visitor parking should be accessible at all times and not located within a secured parking area. It is considered any future residential development would provide secured parking for residents in the City centre setting.


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If visitor parking was proposed it would only be accessible with assistance from a resident – this is inconsistent with the intent of visitor parking design as set out in the R Codes. Officer recommendation The current provisions for car parking in the sub area limit the ability of an applicant to seek variation to the car parking requirements of the Scheme in terms of residential development. With consideration of this and the above, officers therefore recommend the inclusion of a new clause under ‘Car parking’ in sub area 1.3.2 as follows: The provisions of clauses 5.7.1 to 5.7.4 inclusive do not apply for visitor car parking for residential land uses. Officers consider the proposed provision to have the potential to facilitate lower cost housing within the current market and to assist in the promotion of environmentally friendly transport options for visitors to the city. Availability of public car parking within the City centre is considered adequate to address the needs of visitors to residential development within the sub area. Review the discretionary criteria and provisions relating to building volume Part (vi) of Councils resolution of in principle support requested officers ‘review the discretionary criteria and provisions relating to building volume’. This refers to clause (f) of the sub area, which allows additional building height at nominated sites subject to meeting a suite of criteria, with one of these criteria being ‘where the footprint of the portion of the development with additional building height occupies no more than 40% of the total development site area’. This provision was a recommendation of the City’s Design Advisory Committee during development of the Scheme Amendment 49 provisions. The intent of the provision is that by limiting the building volume of the discretionary additional building height, in proportion to the site coverage, the potential building bulk and mass of the overall development within the would be mitigated within the streetscape and contribute to an improved urban design outcome. In applying this provision it has been assumed by officers that site coverage of future development would generally be 70% of the development site ground area (permitted building height site coverage). A 40% discretionary additional building height footprint would therefore cover approximately 57% of the building footprint of the permitted building height site coverage. Officers acknowledge that whilst increasing the building footprint for the discretionary additional building height would potentially contribute to an overall increase in floorspace within the sub area (primarily through sites 1 and 4 and dependent on these sites developing to their full potential under the provisions of the sub area), increasing the building volume of the discretionary additional building height would erode the original intent of this provision regarding design quality. Officers therefore do not recommend modification to this clause.

Review discretionary criteria for building height to include the development of predominately office use as an alternative to the provision of affordable housing.


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Part (vii) of Councils resolution of in principle support for amendment to sub area 1.3.2 requested officers to ‘review discretionary criteria for building height to include the development of predominately office use as an alternative to the provision of affordable housing’. Officers understand the intent of this principle is to provide developers an alternative option to the provision of affordable housing whereby the additional discretionary height is sought, whereby the additional net lettable area afforded through the additional discretionary height is provided as predominant Office within the development. This function in fact already exists under the current provisions of sub area 1.3.2 for additional discretionary height, whereby a wholly office development can utilise the additional discretionary height for nominated sites subject to meeting the suite of criteria, and not be required to provide the affordable housing component. Under the additional discretionary height criteria, provision of affordable housing is only required whereby the net lettable area within the development for residential purposes is greater than 1000sqm. With consideration of the above, officers do not recommend modification to the discretionary criteria for building height since the objective of part (vii) of Council’s previous resolution can already be achieved under the existing Scheme provisions. Inclusion of additional sites into Sub Area 1.3.2 Council’s resolution of in principle support for amendment to sub area 1.3.2 requested officers investigate the inclusion of 35 William Street and lot 381 William Street as additional sites within the sub area. Both sites are discussed in further detail below. (a) Additional site - 35 William St, Fremantle


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Currently, the following provisions of the City’s Scheme and relevant local planning policies apply to this site:

Land area 3572sqm

LPS4 Zoning City Centre

Local Planning Area Local Planning Area 1 - Sub area 1.3.1 West End (LPA1)

Residential density coding R-AC3

Current building height requirements Sub Area 1.3.1 of LPA1

Maximum of 3 storeys

Maximum building height 11.0m

Additional storey setback 14.0m

Heritage listing/area Heritage listed

Municipal Heritage Inventory management category level 3

Built 1980, Fremantle Award 1983 for contemporary infill

West End Conservation Area, zone 5 - Central Core

Local planning policies Precinct 5, Paddy Troy Mall

As depicted on the figure above, 35 William St is enveloped by existing sub area 1.3.2 sites both to the north, east and west. The existing building, known as the Fremantle Malls, was built in 1980 and for its receipt of the Fremantle Award for contemporary infill in 1983, was nominated and adopted onto the City’s Heritage List. The site has since been identified for removal from the Heritage List by City Heritage officers upon revision of the City’s Heritage List in the near future. The size and location of the site provides for natural inclusion into the sub area and would allow the potential for development complementary to that proposed within the adjoining King Square development project (including Queensgate (site 9) and the Spicer sites (sites 10a/b)) and further contribute to achieving Council’s objective for increased retail commercial activity within the City centre zone. (b) Additional site - lot 381 (no. 135) William Street (Manning Arcade), Fremantle


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Currently, the following provisions of the City’s Scheme and relevant local planning policies apply to this site:

Land area 1268sqm

LPS4 Zoning City Centre

Local Planning Area Local Planning Area 1 - Sub area 1.3.1 West End (LPA1)

Residential density coding R-AC3

Current building height requirements Sub Area 1.3.1 of LPA1

Maximum of 3 storeys

Maximum building height 11.0m

Additional storey setback, maximum wall height 14.0m

Heritage listing/area Heritage listed

Municipal Heritage Inventory management category level 1B

West End Conservation Area, zone 5 - Central Core

Local planning policies Precinct 5, Paddy Troy Mall

Sub area 1.3.2 contains sites from the 1960’s to 1980’s era and which are considered to be suitable for redevelopment due to having limited cultural significance and being located away from the west end of Fremantle. Lot 381 (identified on the Municipal Heritage Inventory (MHI) as 7-11 William St) forms part of a group of buildings known collectively as the Manning Buildings. The MHI description of this site indicates the facades of No.’s 7-9 William Street were built between 1888 and 1895. Prior to 1888 four cottages existed on the site. The level 1B MHI management category of the property reflects this. Officers acknowledge a large portion to the rear of the site is not developed (car parking), however, consider the heritage listing and significance of the building to the front of the lot, does not make this site an appropriate inclusion within the sub area and the site be retained under sub area 1.3.1. Retention of this site under sub area 1.3.1 does not preclude development to the rear of the lot and the applicable development provisions of the City’s policies and Scheme will continue to apply, as set out in the table above. Officer comment and recommendation With consideration of planning comment above on the two proposed sites, officers recommend the inclusion of 35 William St only into the sub area 1.3.2 map, to be site number 13. Minor amendment to the boundary of sub area 1.3.1 is subsequently required to remove 35 William St from this sub area for inclusion into sub area 1.3.2, as demonstrated in the map below.


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Inclusion of proposed site 13 to clause (e) and relevant provisions of the sub area is discussed below. ‘As of right’ building height Under the current provisions of the Scheme (sub area 1.3.1), a building height of a maximum of 14 metres and with a maximum of 3 storeys, is allowed for this site. Under clause (e) of sub area 1.3.2, the sites immediately adjoining the proposed site 13, sites 10a and 9, are allowed a maximum building height of 21m to 22.5m, subject to meeting development criteria. Sites 11, 12 and 10b in the adjacent area are allowed a maximum building height of 17.5m. Please see the excerpt of the building table of clause (e) of sub area 1.3.2 below which sets out the current building heights of the adjoining and adjacent sites.


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Site Permitted Building Height (Metres)

Building Height (Metres) which may be permitted subject to the development satisfying both of the following criteria: (i) The portion of building exceeding the Permitted Building Height being sufficiently set back from the street facade so as to not be visible from the street(s) and/or public open space(s) adjoining the site; and (ii) The design of the portion of building exceeding the Permitted Building Height being integrated with the design of the overall building.

Minimum Façade Height (Metres) that fronts a public street(s) and/or public open space(s)

9 19 22.5 10

10a 17.5 21 10

10b 14 17.5 10

11 14 17.5 10

12 14 17.5 10

As set out above, the building height table of clause (e) includes the requirement that any building height above the ‘permitted building height’, up to the maximum ‘as of right’ building height, to be sufficiently set back from the street façade so not to be visible from the street and is designed to integrate with design of the overall building. For any future development proposed at 35 William St, should Council support its inclusion, this requirement would apply to both to the frontage at William St and Paddy Troy Mall, which is a dedicated road, whereby the maximum ‘as of right’ building height is sought. This would mitigate potential building bulk and scale to both frontages. Additionally, the proposed site 13 neighbours Rosie O’Grady’s at its western boundary (23 William St), with an approximate 13.5m building height to William St at three storeys. Rosie O’Grady’s, the former Federal Hotel, is on the City’s Heritage List and has a municipal inventory management category of level 1B. The current provisions of the sub area allow Council to impose a lesser building height on a number of nominated sites, including sites 10b and 12, to the part of development that directly adjoins a heritage building, where Council is of the view that a lesser building height on that part of the development is necessary to ensure the compatibility of the development with that building. With consideration that 35 William St adjoins a heritage listed property, it is recommended the new site be included in this provision as follows: Clause (e) Notwithstanding the building heights in the above table, Council may impose a lesser building height on the part of development within Areas 2, 6a and 6b, 7, 8, 10a and 10b, 11, 12 and 13 that directly adjoins a heritage listed building where the Council is of the view that a lesser building height on that part of the development is necessary to ensure the compatibility of the development with that building.


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Officers have considered two options for the allowed permitted and maximum ‘as of right’ building height for the proposed new site 13; an ‘as of right’ maximum building height of 17.5m (as allowed for sites 10a, 11 and 12), or 21m as currently allowed for the immediately adjoining site 10b (eastern boundary). The potential development yield for the two options of an ‘as of right’ maximum building heights for a wholly commercial development and a mixed use development (commercial ground floor/wholly residential at upper floors) are approximated below, and depending of the design proposed, may vary from this table.

‘As of right’ maximum building height

Wholly commercial development potential

Ground floor commercial/ wholly residential upper floors

17.5 metres 4 storeys 4-5 storeys

21 metres 5 storeys 5-6 storeys

Current development approvals at the former Myer site (part site 9), Queensgate site (part site 9) and Spicer site (sites 10a/b) have provided a wholly commercial product, generally with retail at the ground floor and office at the upper floors. A similar development product may be proposed at 35 William St. Under the current provisions of the sub area, a minimum of 4.5m floor to ceiling height is required at ground floor. Whereby the 4.5m ground floor requirement is applied, only one additional floor of net lettable area is facilitated for wholly commercial development under a proposed maximum building height of 17.5m (as allowed for sites 10a, 11 and 12), and up to two storeys under a maximum building height of 21m (site 10b), than what is currently allowed for this site under the Scheme. On balance, with consideration of the above, officers recommend a permitted building height of 17.5m and maximum ‘as of right’ building height of 21m be allowed for the proposed new site of 35 William St (site 13). This would facilitate a development with comparable scale to the immediately adjoining and opposing sites of 9 and 10a within the streetscape. The provisions of clause (e) ensure the impacts of bulk and scale are mitigated at street frontages to both William St and Paddy Troy Mall, requiring the portion of the building above 17.5m, up to the maximum height of 21m, to be set back so as not to be visible from the street. Furthermore, the inclusion of the new site into the provisions for sites adjoining a heritage listed property, allows Council the discretion to require a lesser building height on that part of the development to ensure the compatibility of the development with the heritage listed building of Rosie O’Grady’s. It is also observed 35 William St comprises of 49 commercial strata units in a number of separate ownerships. The potential two additional floors of net lettable yield as afforded under a proposed 21m maximum building height, as opposed to the possible one storey under a proposed 17.5m maximum building height, may have greater potential to encourage re-development at this site through a more commercially viable yield in floor space, and also for these reasons, facilitate a more substantial contribution to achieving Council’s objective for increased retail/office commercial activity (and potentially residential) within the City centre.


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Other development standards - pedestrian link

LPP 3.1.5 – Part 5 - Public realm

The City’s Local Planning Policy 3.1.5 – Precinct 5, details design provisions to complement the land use and development requirements of sub area 1.3.2 of the LPA1 of the Scheme. Part 5 – Public Realm of this Policy (as depicted above) demonstrates a hierarchy of pedestrian access routes within the policy precinct. A major off-street route is identified at the proposed new site of 35 William St, between William St and Paddy Troy Mall, through to South Tce, and connecting with the major off-street route identified along Paddy Troy Mall. A pedestrian link currently exists between William St and Paddy Troy Mall at this site. For consistency with the Policy, and to ensure a pedestrian access link is maintained within any future development proposed at this site, officers recommend the inclusion of the following provision under ‘Other Development Standards’ of the sub area as follows: As part of any future development in Site 13, a high amenity pedestrian access link with a minimum width of 5 metres is to be provided between William Street and Paddy Troy Mall, to align with Newman Court, at no cost to the City, unless otherwise agreed between the City and the landowner. The provision of the pedestrian access link is to be considered as an integrated component of any redevelopment concept in this location to ensure the provision of activated ground level frontages and a high quality built form outcome. Ongoing public access arrangements are to be determined by and be to the satisfaction of the City, and set as a condition of planning approval.


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The provision of a pedestrian access link additionally has the potential to create interest in the street façade by separating any future development into two buildings (or more) as presenting to the street front. Modification to clause (e) building heights table In addition to the principles of Council's resolution of 26 March 2014, officers additionally propose modification to the format of the building heights table at clause (e) of sub area 1.3.2 to include the maximum building heights of clause (f) into the building heights table of clause (e). The additional discretionary heights of clause (f) are separate from, and set out in a different format, to the table of ‘permitted’ building heights at clause (e) of the sub area, as follows: f) Where a specific Local Planning Policy has been adopted to enable this provision, the

Council may, at its discretion - - permit up to 14.4 metres additional building height on Site 1; - permit up to 10.8 metres additional building height on Site 4; - permit up to 7.2 metres additional building height on Sites 2, 6a, 6b and 6c; and - permit up to 5.7 metres additional building height on Site 9, where:

It is proposed the maximum building heights of clause (f) be included into the building heights table of clause (e) as shown below (modifications in red):

Site Permitted Building Height (Metres)

Building Height (Metres) which may be permitted subject to the development satisfying both of the following criteria: (i) The portion of building exceeding the Permitted Building Height being sufficiently set back from the street facade so as to not be visible from the street(s) and/or public open space(s) adjoining the site; and (ii) The design of the portion of building exceeding the Permitted Building Height

Maximum Building Height (Metres) which may be permitted in accordance with clause (f)

Minimum Façade Height (Metres) that fronts a public street(s) and/or public open space(s)


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being integrated with the design of the overall building.

1 21 24.5 38.9 10

2 17.5 21 28.2 10

3a 17.5 0 - 10

3b 21 24.5 - 10

4 21 24.5 35.3 10

5a 21 24.5 - 10

5b 14 17.5 - 10

6a 21 24.5 31.7 10

6b 14 0 21.2 10

6c 17.5 0 24.7 10

7 17.5 21 - 10

8 17.5 21 - 10

9 19 22.5 28.2 10

10a 17.5 21 - 10

10b 14 17.5 - 10

11 14 17.5 - 10

12 14 17.5 - 10

13 14 17.5 - 10

The proposed modification will allow all building heights applicable to the sites of sub area 1.3.2 to be contained and read from the one table within the provisions and allow clear interpretation of the building heights applicable to each of the sites. Specifically, providing the additional discretionary height as a total maximum height (as opposed to a separate additional meterage) will provide greater clarity and interpretation of the additional discretionary height within the Scheme. CONCLUSION

Sub Area 1.3.2 of Local Planning Area 1 – City Centre formed part of Scheme Amendment No. 49 and included associated provisions to change the development requirements of a number of key sites within the inner east end of the City Centre zone, with the purpose to help achieve the Council’s strategic objectives for increased retail and commercial activity and residential population in the City Centre zone. Since gazettal of Amendment 49 on 18 January 2013, property industry feedback has suggested that some provisions may not be achieving the intended outcomes. This scheme amendment proposes to amend Sub Area 1.3.2 to allow development within the sub area to be more flexible and responsive to market trends. It is acknowledged cost per car bay within a multiple dwelling development is a significant cost impost, with the transfer of this cost effectively being on sold to the buyer. Proposed provisions relating to the removal of car parking address this with the potential to provide a lower cost housing product and contribute to the City’s diversity in housing and promotion of environmentally friendly transport options.


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This Amendment has been prepared in line with the broad principles as endorsed by Council at its Ordinary Meeting of 26 March 2014. Accordingly it is recommended that Council resolve to initiate the proposed Scheme Amendment No. 61 for public advertising. OFFICER'S RECOMMENDATION

MOVED: Cr R Fittock

1. That Council resolve, pursuant to Section 75 of the Planning and Development Act 2005, to amend Local Planning Scheme No. 4 by:

(1) Amending clause 12.12 - Schedule 12 Local Planning Areas (Development Requirements) - Local Planning Area 1 – City Centre, as follows:

(a) Amend Sub Area 1.3.1 West End map to delete 35 William St (lot 101), Fremantle as follows:


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(b) Amend Sub Area 1.3.2 map to insert 35 William St (lot 101), Fremantle as a new site, site 13, as follows:

(c) Amend Sub Area 1.3.2 text as follows:

i) Delete clause (a) (iii)

ii) Delete ‘and’ from the end of clause (a) (ii) and insert the word ‘and’ at the end of the preceding clause (a) (i)

iii) Amend the table in clause (e) to insert a new column between column three and four as follows:


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38.9

28.2

-

-

35.3

-

-

31.7

21.2

24.7

-

-

28.2

-

-

-

-

-

iv) Amend the table in clause (e) to insert the new site, site 13, as a new row at the end of the table as follows:

13 17.5 21 - 10

v) Amend clause (e) text to insert reference to site 13 so the clause shall read:

‘Notwithstanding the building heights in the above table, Council may impose a lesser building height on the part of development within Areas 2, 6a & 6b, 7, 8, 10a & 10b, 11, 12 and 13…’

vi) Amend clause (f) to delete the text as follows:

‘permit up to 14.4 metres additional building height on Site 1; - permit up to 10.8 metres additional building height on Site 4; - permit up to 7.2 metres additional building height on Sites 2, 6a, 6b and

6c; and - permit up to 5.7 metres additional building height on Site 9,


Page 107

where –’

vii) Amend clause (f) to delete clause (iii) in its entirety and delete the word ‘and’ from the end of the preceding clause (f) (ii) as follows:

‘; and (iii) there are no more than 9 storeys above ground level within the development, with the exception of development on Site 1;’

viii)Amend clause (f) to insert the text ‘permit up to the maximum building height as set out in clause (e) where-’ so the clause shall read:

‘Where a specific Local Planning Policy has been adopted to enable this provision, the Council may, at its discretion, permit up to the maximum building height as set out in clause (e) where-’

ix) Amend clause (f) (v) by:

a. replacing ‘15 per cent’ with ‘10 per cent’

b. Inserting a new sub clause at the end of clause (f) (v) and insert the word ‘and’ at the end of the preceding sub clause so the clause shall read as follows:

‘; and

a minimum of 5% of the total dwelling yield of the development shall not be provided with a designated car bay. The minimum number of dwellings that are not provided with a designated car bay as required by this clause shall be in addition to the number of dwellings to be provided for ‘affordable housing’.

Council may require, as a condition of planning approval, provision to be made to include notification on the property title(s) that owners and/or occupiers of dwellings without designated car parking bays will not be entitled to on-street residential parking permits.’

x) Amend ‘Other Development Standards-’ to include a new clause, clause (k), which shall read as follows:

‘(k) As part of any future development in Site 13, a high amenity pedestrian access link with a minimum width of 5 metres is to be provided between William Street and Paddy Troy Mall, to align with Newman Court, at no cost to the City, unless otherwise agreed between the City and the


Page 108

landowner. The provision of the pedestrian access link is to be considered as an integrated component of any redevelopment concept in this location to ensure the provision of activated ground level frontages and a high quality built form outcome. Ongoing public access arrangements are to be determined by and be to the satisfaction of the City, and set as a condition of planning approval.’

xi) Reletter existing clauses (k) to (l) of ‘Car Parking-’ as (l) to (m) accordingly.

xii) Amend ‘Car Parking-’ to include a new clause, clause (n), which shall read as follows:

‘(n) The provisions of clauses 5.7.1 to 5.7.4 inclusive do not apply for visitor parking for residential land uses.’

xiii)Reletter the subsequent clause (m) of ‘Special Conditions of Planning Approval-’ to (o) accordingly.


3. That the Local Planning Scheme Amendment be submitted to the Environmental Protection Authority requesting assessment prior to commencing public consultation.

4. That the Local Planning Scheme Amendment be submitted to the Western Australian Planning Commission for information.

5. That upon receipt of the environmental assessment from the Environmental Protection Authority, the amendment be advertised for a period of not less than 42 days in a local circulating newspaper.


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Cr J Wilson MOVED an amendment to the Officer's Recommendation 1 (1) (a) and (b) to include reference to 135 High Street Mall (lot 381) as follows: a) Amend Sub Area 1.3.1 West End map to delete 35 William Street (Lot101) and

135 High Street Mall (lot 381), Fremantle as follows;


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b) Amend Sub Area 1.3.2 map to insert 35 William Street (lot 101), Fremantle as a new site, site 13, and to insert 135 High Street Mall (lot 381) as an addition to existing site 12, as follows

CARRIED: 5/1

For Against

Cr Rachel Pemberton Cr Robert Fittock Cr Josh Wilson Cr Ingrid Waltham Cr Bill Massie

Cr Jon Strachan


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Cr J Strachan MOVED an amendment to the Officer's Recommendation 1 (1) (c) sub-paragraph x) to replace the recommended wording with the following: (k) As part of any future development in Site 13, a high amenity access link with

a minimum width of 8 metres is to be provided between William Street and Paddy Troy Mall, to align with Newman Court, at no cost to the City, unless otherwise agreed between the City and the landowner. Ongoing public access arrangements are to be determined by and be to the satisfaction of the City, and set as a condition of planning approval. The Council may, at its discretion, permit up to 3.5 metres additional building height to both of the building heights referred to in the second and third columns of the table in clause (e) where an area of land with a minimum width of 8 metres which provides a direct link between William Street and Paddy Troy Mall is transferred to the City at no cost to the City for the purposes of providing a public access link/amenity space. In all cases the provision of the access link is to be considered as an integrated component of any redevelopment concept in this location to ensure the provision of activated ground level frontages and a high quality built form outcome.

CARRIED: 6/0

For Against


Cr J Strachan MOVED an amendment to the Officer's Recommendation to add a new part 6 to the officer’s recommendation as follows: 6. That officers be instructed to prepare a further report for Council’s

consideration on measures to provide greater incentives for the development of high quality office accommodation on sites 1 and 2 that could be implemented through another possible amendment to Local Planning Scheme No. 4. The consideration of the parts of LPS4 that might be amended should include provisions relating to land uses and development standards controlling building bulk and maximum permitted and discretionary building heights.


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Cr J Wilson MOVED a further amendment to Cr J Strachan’s amendment to add the following:

B) require the proposed omnibus Amendment 61 to be advertised for comment concurrently with a further amendment specifically targeted to incentivise office development, subject always to Council's further discretion to split the timing of the amendments if deemed desirable.

LOST: 0/6

For Against


Cr J Strachan MOVED an amendment to the Officer's Recommendation was put to a vote. CARRIED: 6/0

For Against


COMMITTEE RECCOMENDATION/COUNCIL DECISION

1. That Council resolve, pursuant to Section 75 of the Planning and Development Act 2005, to amend Local Planning Scheme No. 4 by:

(1) Amending clause 12.12 - Schedule 12 Local Planning Areas (Development

Requirements) - Local Planning Area 1 – City Centre, as follows:

(a) Amend Sub Area 1.3.1 West End map to be delete 35 William Street (Lot101) and 135 High Street Mall (lot 381), Fremantle as follows;


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(b) Amend Sub Area 1.3.2 map to insert 35 William Street (lot 101), Fremantle as a new site, site 13, and to insert 135 High Street Mall (lot 381) as an addition to existing site 12, as follows


Page 114

(c) Amend Sub Area 1.3.2 text as follows:

i) Delete clause (a) (iii)

ii) Delete ‘and’ from the end of clause (a) (ii) and insert the word ‘and’ at the end of the preceding clause (a) (i)

iii) Amend the table in clause (e) to insert a new column between column three and four as follows:


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38.9

28.2

-

-

35.3

-

-

31.7

21.2

24.7

-

-

28.2

-

-

-

-

-

iv) Amend the table in clause (e) to insert the new site, site 13, as a new

row at the end of the table as follows:

13 17.5 21 - 10

v) Amend clause (e) text to insert reference to site 13 so the clause shall

read: ‘Notwithstanding the building heights in the above table, Council may impose a lesser building height on the part of development within Areas 2, 6a & 6b, 7, 8, 10a & 10b, 11, 12 and 13…’

vi) Amend clause (f) to delete the text as follows:

‘permit up to 14.4 metres additional building height on Site 1; - permit up to 10.8 metres additional building height on Site 4; - permit up to 7.2 metres additional building height on Sites 2, 6a, 6b

and 6c; and - permit up to 5.7 metres additional building height on Site 9, where –’


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vii) Amend clause (f) to delete clause (iii) in its entirety and delete the word ‘and’ from the end of the preceding clause (f) (ii) as follows: ‘; and (iii) there are no more than 9 storeys above ground level within the development, with the exception of development on Site 1;’

viii) Amend clause (f) to insert the text ‘permit up to the maximum

building height as set out in clause (e) where-’ so the clause shall read: ‘Where a specific Local Planning Policy has been adopted to enable this provision, the Council may, at its discretion, permit up to the maximum building height as set out in clause (e) where-’

ix) Amend clause (f) (v) by:

a. replacing ‘15 per cent’ with ‘10 per cent’ b. Inserting a new sub clause at the end of clause (f) (v) and insert

the word ‘and’ at the end of the preceding sub clause so the clause shall read as follows: ‘; and

a minimum of 5% of the total dwelling yield of the development shall not be provided with a designated car bay. The minimum number of dwellings that are not provided with a designated car bay as required by this clause shall be in addition to the number of dwellings to be provided for ‘affordable housing’. Council may require, as a condition of planning approval, provision to be made to include notification on the property title(s) that owners and/or occupiers of dwellings without designated car parking bays will not be entitled to on-street residential parking permits.’

x) Amend ‘Other Development Standards-’ to include a new clause, clause (k), which shall read as follows:

(k) As part of any future development in Site 13, a high amenity access

link with a minimum width of 8 metres is to be provided between William Street and Paddy Troy Mall, to align with Newman Court, at no cost to the City, unless otherwise agreed between the City and the landowner. Ongoing public access arrangements are to be determined by and be to the satisfaction of the City, and set as a condition of planning approval. The Council may, at its discretion, permit up to 3.5 metres additional building height to both of the building heights referred to in the second and third columns of the table in clause (e) where an area of land with a minimum width of 8 metres which provides a direct link between William Street and Paddy Troy Mall is transferred to the City at no cost to the City for the purposes of providing a public access link/amenity space. In all


Page 117

cases the provision of the access link is to be considered as an integrated component of any redevelopment concept in this location to ensure the provision of activated ground level frontages and a high quality built form outcome.

xi) Reletter existing clauses (k) to (l) of ‘Car Parking-’ as (l) to (m) accordingly.

xii) Amend ‘Car Parking-’ to include a new clause, clause (n), which shall read as follows: ‘(n) The provisions of clauses 5.7.1 to 5.7.4 inclusive do not apply

for visitor parking for residential land uses.’

xiii) Reletter the subsequent clause (m) of ‘Special Conditions of Planning Approval-’ to (o) accordingly.


3. That the Local Planning Scheme Amendment be submitted to the

Environmental Protection Authority requesting assessment prior to commencing public consultation.

4. That the Local Planning Scheme Amendment be submitted to the Western

Australian Planning Commission for information. 5. That upon receipt of the environmental assessment from the Environmental

Protection Authority, the amendment be advertised for a period of not less than 42 days in a local circulating newspaper.

6. That officers be instructed to prepare a further report for Council’s

consideration on measures to provide greater incentives for the development of high quality office accommodation on sites 1 and 2 that could be implemented through another possible amendment to Local Planning Scheme No. 4. The consideration of the parts of LPS4 that might be amended should include provisions relating to land uses and development standards controlling building bulk and maximum permitted and discretionary building heights.


Page 118

SECONDED: Cr R Pemberton CARRIED: 12/0

For Against



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Cr D Hume left the meeting at 9.45 pm and did not return. At 9.45pm Mayor, Brad Pettitt adjourned the meeting for a break and reconvened at 10.20 pm. At 10.22 pm Cr A Sullivan MOVED en bloc recommendations numbered SGS1405-13, SGS1405-14, SGS1405-16, SGS1405-17. SECONDED: Cr D Thompson CARRIED: 11/0

For Against

Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Josh Wilson Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie

STRATEGIC AND GENERAL SERVICES COMMITTEE 14 MAY 2014

SGS1405-13 2013 WATER CONSERVATION STRATEGY

DataWorks Reference: 078/027 Disclosure of Interest: Nil Meeting Date: 14 May 2014 Previous Item: Nil Responsible Officer: Peter Pikor, Director Technical Services Actioning Officer: Lionel Nicholson, Manager City Works Decision Making Authority: Council Agenda Attachments: 2013 Water Conservation Strategy Report

2013 Water Conservation Action Plan

EXECUTIVE SUMMARY

The purpose of this report is to advise the strategy developed to address water conservation throughout the City through a ten year plan. This report seeks Council endorsement of the Water Conservation Action Plan.


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BACKGROUND

The purpose of the City of Fremantle 2013 Water Conservation Strategy Report is to enable water to be conserved in the City while preparing for future water challenges through policy development, effective communication and implementation of actions. The Water Conservation Strategy Report provides the evidence that the City will be facing significant challenges caused by a drying climate. The challenges include providing the necessary water supplies to maintain current assets to a level that is expected from ratepayers. The Department of Water has already placed restrictions on drawing sub-surface water supplies for City use and requested the City provide a strategy to meet these restrictions. The City committed to the ICLEI-Local Governments for Sustainability Water Campaign in January of 2012 with the Mayor, Dr. Brad Pettit, accepting the Milestone 1 award on 2 August 2012. Acceptance of the 2013 Water Conservation Strategy and Action Plan would allow the City to achieve both Milestone 2 and Milestone 3 of the ICLEI Water Campaign. Additionally the Strategy allows the City to meet its water commitments under the One Planet program that the Council signed onto in July this year. Incorporated into the Strategy is the development of response planning for drought conditions to enable Council to make fully informed decisions on targeted water reductions to City assets. The Strategy Report outlines what other local governments are currently doing to face these challenges and provides a multi disciplinary action plan to address water shortages and maintain services.

COMMENT

The strategy is to sustainably preserve the health of water resources so that the aesthetic and functional amenity of the City can be maintained for future generations to utilise and enjoy. Through analysis of the current state of water needs, issues and management practises and based on the Water Conservation Aim, the City has developed a set of Action Goals and a new plan of action, detailed as the City of Fremantle 2013 Water Conservation Action Plan, that will address requirements from the Department of Water, while developing the 2nd and 3rd Milestones for the ICLEI Water Campaign. This 2013 Water Conservation Strategy additionally outlines areas where future investigations could take place to progress water conservation and improvement of water quality.


Page 121

RISK AND OTHER IMPLICATIONS

Financial

The costs of implementing the ten year Water Conservation Action Plan will be allocated from annual approved budget items. The improvements envisioned in the Action Plan should enable the City to make costs saving in maintenance and water consumption. Legal

The City is required to provide a water strategy to the Department of Water to retain the water licences. No other legal implication is foreseen. Operational

Water consumption efficiencies and adoption of new policies may in future see adaption’s to some operational procedures. Organisational

The Strategy involves team work between Business Units to oversee the implementation of the ten year Action Plan. Resources will need to be allocated from these Business Units for this purpose.

CONCLUSION

A thorough analysis has been made of the City’s capability to maintain future water service and amenity provision. Completion of the Action Plan will enable the City to meet its’ commitments to:

The ICLEI Water Campaign Milestones;

The Department of Water Ground Water Targets; and

The One Planet Action Goals. It is therefore recommended that the Action Plan from the 2013 Water Conservation Strategy Report be fully implemented.

STRATEGIC AND POLICY IMPLICATIONS

The City of Fremantle through the 2010 to 2015 Strategic Plan outlined that it has a strong focus on providing environmental leadership for the benefit of current and future generations.

COMMUNITY ENGAGEMENT

City of Fremantle is committed to community engagement. A key component of the recommendations made in this report is for engagement with the community in many items of the Action Plan.


Page 122




MOVED: Cr A Sullivan That Council endorse the 2013 Water Conservation Strategy Report and Action Plan. SECONDED: Cr D Thompson CARRIED: 11/0

For Against



Page 123

SGS1405-14 WRITE OFF OF BAD AND DOUBTFUL DEBTS - MAY 2014

DataWorks Reference: 085/002; 085/003 Disclosure of Interest: Nil Meeting Date: SGS 14 May 2014 Previous Item: SGS1111-4 of 23 November 2011 Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: Alan Carmichael, Manager Finance and Administration Decision Making Authority: Council Agenda Attachments: Debtors Write Off May 2014- Confidential Attachment

under separate cover

EXECUTIVE SUMMARY

The $236,058.27 of debts listed are considered unrecoverable and have been submitted for approval to write off.

BACKGROUND

Where credit is extended to debtors, some debts can become unrecoverable due to a variety of circumstances. Under the Local Government Act 1961 (section 6.12(1) (c)) a local government may write off any amount of money.

COMMENT

The confidential attachment provides additional comment against each debt. The comments have been provided by relevant business unit officers and finance officers who maintain the sundry debtors control account. The values of debts listed are GST inclusive and if the debt is approved for write off any GST component is recoverable from the Australian Taxation Office. The rate debts listed relate to government land leased from the City of Fremantle where the city as the rating authority has no lien over the land concerned. In instances where individuals have gone into bankruptcy or incorporated entities into liquidation, any future distribution that the city might receive from the liquidator will be credited to revenue at the time it is received. Any such distributions are only likely to be minor, as the debts are only submitted for approval to write off where it appears unlikely that any distribution will be received by the city.


Financial

The budget implications can be addressed in two parts:- 1. Cost of Credit Management. If an organisation does not have good credit management then it will have negative budgetary impacts as cash will not be collected for the sales of goods and services made. It should be noted that even with good credit


Page 124

management, bad debts can still be incurred, but they normally arise within an environment where the risk and reward factors have been balanced to try and achieve the best outcome for the organisation. It is a requirement for completing annual financial statements that any potential bad debts are provisioned for and that is a cost to the budget in the year in which the provision is made. 2. Cost to Budget of Writing off Bad Debts. Generally this is budget neutral as the city provisions for potential bad and unrecoverable debts and the city has been doing so for many years in accordance with accounting standards. As a consequence, approvals to write off bad debts will generally result in the cost being written back against the provision with no net impact to the current budget. Legal

Section 6.12 (1) (c) of the Local Government Act 1995 provides authority for the Council to write off outstanding monies. Operational

The invoice detail is generated by the relevant business unit who manage the service and provide the detail of client(s) to be invoiced. The Finance section generates the invoices from the information provided and sends out statements for outstanding accounts and maintains the Debtors Control Account. For most categories of debtors Finance also handles referral of debts to the debt collection agency. Organisational

Nil.

CONCLUSION

It is considered the debts should be written off.


Nil


Nil




Page 125


MOVED: Cr A Sullivan That Council write off debts of $236,058.27 detailed below as they are considered unrecoverable:-

Reference Number

Debtor Name Amount Service

Rates Debtors

966

Kulcha Multicultural Arts Of Wa

$33,296.37.

Rates to 13/14

122 Westhaven Nominees Pty Ltd (Trading as Fast Eddy’s)

$4,341.32 Rates to 13/14

Sundry Debtors - Marketing & Economic Development

2091649

Xsell

$50.00

Marketing-Leaders Lunch 12/13

Sundry Debtors - Community Development

2016536

James Francis Pipp

$505.50

CDU-FWMHU Rent-09/10

2016535

Malcolm Robert Race

$181.32

CDU-FWMHU Rent-09/10

Sundry Debtors - Commercial Waste

2010226

Aubergine Cafe

$3234.40

Commercial Waste-11/12

2090178

Urban Archaeology

$627.85


2090445

Blush Day Spa

$390.00


2090469 Fiorentina Patisserie Gelateria & Cafe

$2,661.60 Commercial Waste-10/11, 11/12

2010217 Seaview On South Terrace

$457.50 Commercial Waste-11/12


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2011907 Resi's Cafe & Lunch Bar


2090790 Garling Street Lunch Bar


2090177 Total Cater Equipment $201.10 Commercial Waste-10/11

2090613 BJ's On The Port $476.06 Commercial Waste-11/12

2090444

Shack Group

$623.10

Commercial Waste-10/11, 11/12

2090248

Gentra Design

$643.10

Commercial Waste-09/10, 10/11, 11/12

2090821 The Poolroom Essex Street


2011347

Larner Oysters

$710.40


2011986

Living Stone

$53.20


2011102 Fremantle French Hot Bread Shop


2091250 Caltex Australia Limited

$39.00


2090274 Fidels Cafe $352.80 Commercial Waste-11/12 & 12/13

2090464 Jody Anne Stag T/As Fremantle Flower Factory



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2091117 Indonepal Pty Ltd $1,507.80 Commercial Waste-12/13

2011792 Ruoccos Pizza $390.00 Commercial Waste-11/12 & 12/13

2011000 WD Moore & Co $234.00 Commercial Waste-12/13

2090726

Midland Disposal Fremantle

$105.68


2091895 Kulcha Multicultural Arts Of Wa

$780.00 Commercial Waste – 13/14

2091379 Pulse Energy Logistics Pty Ltd

$156.00 Commercial Waste – 12/13, 13/14

Sundry Debtors - Fremantle Leisure Centre

2091093

Combined Insurance

$45.00

Fremantle Leisure Centre-11/12

2091584

Southern Cross Care Inc

$12.60

Fremantle Leisure Centre-11/12

Sundry Debtors - Hall/Reserve Hire

2090374

Andrew Phillip Meager $169.00

Hall/Res Hire-09/10

2019641 Steve Bobs $212.40 Hall/Red Hire-09/10

Sundry Debtors - Corporate Services

2030004

Don Quijote Hilton Park Incorporated

$785.23

Loan Repayment-11/12

2014926 JW & ST Houlahan $1,165.00

Dishonoured Cheque - Development Application Fees – 01/02


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2019663 KM Carr $287.10 Private Works 07/08

2017035 M Cranfield $80.00 Payroll 07/08

2017043 S Dalziel $155.00 Payroll 07/08

2017044 E Russell $120.00 Payroll 07/08

Sundry Debtors - Moores Building

2015430

Zachary Freshwater

$360.00

Moores Building-10/11

2015418 Andrew Frazer $627.00 Moores Building-09/10

2090323 Samantha Connor $1320.00 Moores Building-09/10

Sundry Debtors - Parking

2090518

Angela Braithwaite

$156.00

Parking-10/11

2019433

Sterrett Meats Exports $183.00 Parking-11/12

2091231 Kirsty Menzies $208.00 Parking-11/12

2019708

Mr Nghia Trong Nguyen

$131.00 Parking-11/12

Sundry Debtors - Samson Recreation Centre

2091354

Peta Barnett

$198.00

Samson-11/12

Sundry Debtors - Commercial Properties

2090090

Fremantle Youth Centre Association

$3,441.44

Commercial Property-10/11

2090033 Phillip & Sunny Ahn $7,949.97 Commercial Property-05/06 & 06/07

2090016 Kenneth's Hair Fashions

$186.45 Commercial Property-08/09

2090143/ 2090104 Janome Sewing Centre Fremantle


2090114/ 2090181 Insight Corrosion $2,505.50 Commercial Property-


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Consultants Pty Ltd 09/10

2090133 Cape Cats Pty Ltd T/As Ye Olde Lolly Shoppe


2090021 Rebecca Oats Hair Company


2090092 Bungara Software Pty Ltd

$3,525.72 Commercial Property-09/10

2090098 Maurice & Cathy Dalesio


2090749 Polytechnic West $16.72 Commercial Property-12/13

2090018 Hd & Cm Kurth $2,016.09 Commercial Property-09/10 & 10/11

2090002 Martin & Maria’s Hair Studio


2090035 Fineside Nominees T/A Fremantle Visitor Centre

$9,406.67 Commercial Property-10/11

2090058 Philip Mason $2,865.88 Commercial Property-07/08

2011806 Kulcha Multicultural Arts Of Wa

$43,352.42 Commercial Property-12/13, 13/14

2090750 SYML Community Services

$12,680.84 Commercial Property – 10/11

2090390 Kulcha (from Dome Australia Pty Ltd lease)

$49,390.00 Commercial Property 09/10 & 10/11

2090011 Westhaven Nominees Pty Ltd (Tradingas Fast Eddy’s)

$35,278.16 Commercial Property – 09/10

2090029 Arthur Kalamaras $22.42 Commercial Property-12/13

2090084 Natalie Abbott $24.42 Commercial Property-12/13

2090115 Blended Bean Pty Ltd $1,425.64 Commercial Property-11/12

Sundry Debtors-Firebreaks

2090326 Ylana Jae Ogilby $495.00 Firebreak 09/10 & 10/11

2019855 JL Sanderson-Brown $220.00 Firebreak 09/10

2019852 S Delavoipiere $220.00 Firebreak 09/10

TOTAL $236,058.27


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SECONDED: Cr D Thompson CARRIED: 11/0

For Against



Page 131

SGS1405-15 BEER AND CIDER FESTIVAL ITEM TO BE REFERRED BACK TO THE NEXT APPROPRIATE STRATEGIC AND GENERAL SERVICES COMMITTEE

SGS1405-16 COMMUNITY GARDENS POLICY

DataWorks Reference: 202/005; Disclosure of Interest: Nil Meeting Date: 14 May 2014 Previous Item: N/A Responsible Officer: Marisa Spaziani, Director Community Development Actioning Officer: Michael Leers, Coordinator Parks & Landscapes Decision Making Authority: Council Agenda Attachments: Attachment 1 - Community Gardens Policy EXECUTIVE SUMMARY The City of Fremantle is dedicated to becoming a ‘One Planet’ council and recognises community gardens as a sustainable living practice and a valuable recreational activity that builds strong community relationships and provides a wide range of benefits. The City receives requests for information about and approval for the establishment of community gardens on City controlled land. Currently there is no policy or procedure to guide staff in decision making or granting approvals. There is also no information publically available to assist the community in this area. BACKGROUND Community gardens are valuable community spaces that allow people to come together, improving community connections and providing opportunities for greater understanding to develop between individuals from different demographic and cultural backgrounds. They act as a valuable recreational activity and allow people to develop new skills and share physical, social and nutritional benefits. The Department of Local Government and Communities is offering $400,000 over a four year period to assist with the establishment or development of community gardens. It is believed that projects funded through these grants will allow residents to connect with the environment and other people, use their skills and give back to the community, allowing them to fully participate in community life. Community garden groups are able to apply for up to $20,000 for the establishment of new gardens and up to $10,000 for the development of existing gardens. Applications for 2014 round of funding are now closed and the dates for 2015 round are yet to be advised. There is currently one community garden operating within the City on Education Department land at Hilton. With the adoption of the policy the City would like to see the number of community gardens increase to achieve One Planet status. COMMENT


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The Community Garden policy has been developed to ensure that all future community garden groups are assessed by the same set of criteria and that all gardens are established on appropriate land. As the popularity of community gardens increases and the 2015 round of community gardens grants open, the City expects to see a rise in applications for community garden licences. The policy sets out the approach the City will take and the decision making process. The procedure and information pack will be developed in line with the policy and will be available to the community, accessible on the City’s website. In developing the policy, staff have researched the policies of other local governments across Australia and consulted with internal and external stakeholders. In the coming months the City will determine preferred sites for the establishment of community gardens. Incorporated groups or entities will be able to apply for a non exclusive licence for a particular site to develop a community garden. In the interim, interested parties will discuss their preferred site with City staff. The City will determine a number of preferred locations for the development of community gardens on City land. RISK AND OTHER IMPLICATIONS Financial The City will promote external funding opportunities that support the development of community gardens. Community gardens are to be planned with the goal of becoming financially independent. The City may consider funding the following (subject to City approval):

Urgent repairs to items that pose significant safety risk on council owned land.

Public signage. Community Groups can apply for community development funding for non capital expenditure in relation to a community garden project. Legal

Local Government Act 1995

Land Administration Act 1997 Operational

Applications to be assessed by Technical Services Directorate.

Chief Executive Officer to have delegated authority to approve community garden applications.


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Organisational Responsibility for liaison and information about Community Gardens with Technical Services Directorate. CONCLUSION The City of Fremantle supports the development of community gardens and recognises them as both a valuable recreational activity and a sustainable living practice that supports community cohesion. The development of community gardens will assist the residents of the City of Fremantle achieve five out of the ten principles of One Planet Fremantle, by helping promote zero carbon and waste, producing local and sustainable food and promoting culture, community, health and happiness. It is important that the City provides a clear policy, procedure for application and information on the set up of community gardens that is accessible to the community in assisting them with these projects. STRATEGIC AND POLICY IMPLICATIONS

Lead in the provision of environmentally sustainable solutions for the benefit of current and future generations.

Provide a great place to live, work and play through growth and renewal. COMMUNITY ENGAGEMENT In the development of the procedure and the information pack, staff will consult with existing community garden groups for input and suggestions, based on their experience in operating a community garden within the City. VOTING AND OTHER SPECIAL REQUIREMENTS Absolute Majority


MOVED: Cr A Sullivan 1. Council adopt the Community Garden Policy as at Attachment 1. 2. Council delegates authority to the Chief Executive Officer to approve City of

Fremantle land use for the establishment of community gardens. 3. The delegated authority register is updated accordingly.


Page 134


For Against



Page 135

SGS1405-17 CULTURAL DEVELOPMENT PLAN 2014 - 2015

DataWorks Reference: 156/008; 039/064 Disclosure of Interest: Nil Meeting Date: 14 May 2014 Previous Item: SGS1106-5 Responsible Officer: Marisa Spaziani, Director Community Development Actioning Officer: Marisa Spaziani, Director Community Development Decision Making Authority: Council Agenda Attachments: Cultural Development Strategy 2011-2014 - Outcomes

Draft Cultural Development Plan 2014 - 2015 EXECUTIVE SUMMARY The Cultural Development Strategy 2011 – 2014 has been implemented. Major outcomes have been achieved and it is recommended a plan for the next financial year 2014 - 2015 be adopted. The draft Cultural Development Plan 2014 - 2015 builds upon the achievements of the 2011 - 2014 strategy for the next financial year. BACKGROUND The Cultural Development Strategy was adopted by Council in 2011 after a working group developed the strategies and community engagement on the strategy was undertaken. Fremantle has a reputation for its investment in Arts and Culture. It is a driver for business and tourism and it defines Fremantle as a place. It is important that the City continue its long tradition of investment in arts and culture and works to support organisations, individuals and businesses that are engaged in the sector. COMMENT The actions in the current strategy have been implemented and have either been completed or are in progress to be completed by June 2014. The outcomes achieved are outlined in Attachment 1. Staff, in discussion with elected members, via Informal Elected Members meeting, have identified a number of action areas that form a cultural development plan, building upon the actions achieved in the Cultural Development Strategy, that can be implemented in the next financial year. Given that the City of Fremantle may have a different demographic and community due to local government reform, the plan focuses on a number of shorter term actions. It is envisioned that once local government boundaries are determined later in 2014, a broad community engagement process around a Cultural Development Plan for 2015- 2020 can be undertaken. A draft document, Cultural Development Plan 2014 – 2015, has been prepared by staff and as is attached as Attachment 2. This plan focuses on the action areas of infrastructure, public art, cultural capacity and engagement.


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A Project Officer Arts and Culture was employed recently after a consultation with the local arts sector exploring how the City could further support the sector. The Cultural Development Plan 2014 -2015 will guide the priorities of the officer and many of the actions can be undertaken by the officer within current staffing budgets. RISK AND OTHER IMPLICATIONS Financial The actions in the Cultural Development Plan 2014 -2015 will be considered in the 2014 – 2015 budget. The plan if adopted would require an increase in public art expenditure of an extra $100,000. Legal Nil Operational The plan will be managed by the Project Officer Arts and Culture. Organisational Nil CONCLUSION The achievements of the 2011 -2014 Cultural Development Strategy need to continue to be built upon over the coming year. The proposed cultural plan focused energy in key strategic areas to further achievements in this area. STRATEGIC AND POLICY IMPLICATIONS City of Fremantle Strategic Plan 2010 – 2015 Character: Sustain and grow arts and culture and preserve the importance of our social capital, built heritage and history. COMMUNITY ENGAGEMENT Given the reform process, a community engagement process on the 2014 -2015 plan is not recommended but rather an engagement process be considered for the future plan once the new community is known. VOTING AND OTHER SPECIAL REQUIREMENTS Absolute Majority Required


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MOVED: Cr A Sullivan 1. The completed Cultural Development Strategy 2011 – 2014 outcomes be

noted. 2. The Draft Cultural Development Plan 2014 – 2015 be adopted and the budget

for actions be considered in the 2014/15 budget process. SECONDED: Cr D Thompson CARRIED: 11/0

For Against



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SGS1405-1 FREMANTLE TRAFFIC BRIDGE VESSEL IMPACT PROTECTION WORKS AND PROPOSED USE OF EAST STREET JETTY SITE

DataWorks Reference: 214/007 Disclosure of Interest: Nil Meeting Date: 14 March 2014 Previous Item: Nil Responsible Officer: Peter Pikor, Director Technical Services Actioning Officer: Lionel Nicholson, Manager City Works Decision Making Authority: Committee Agenda Attachments: Map - modified proposed site layout

EXECUTIVE SUMMARY

On 3 May 2011, a port vessel collided with the Fremantle Rail Bridge, resulting in severe disruptions to the public and freight rail traffic to and from Fremantle for approximately two days. At the time of this incident, a Public Transport Authority (PTA) train was traversing the bridge and it narrowly missed colliding with the vessel. Fortunately this collision did not occur. In an effort to mitigate against this possibly occurring again, the PTA will be constructing protection works in the river around the piers of the bridges as well as installing an early warning system on the Rail Bridge. To minimise the impact on marine traffic during this construction, the combined work across both bridges will be undertaken as part of one construction contract managed by Main Roads WA (MRWA). It has been indicated that the construction phase will take around 12 months, starting in January 2015. To undertake this work, laydown areas on both sides of the bridges are required to minimise the risks associated with moving large structural members and heavy machinery between the bridges during the construction phase of the project. It is also critical to reduce the time that navigational channels will be closed to traffic by facilitating construction on both bridges at the same time. For the traffic bridge works, it is proposed to provide a laydown area that utilises a section of the East Street Jetty car park and adjoining grassed area. Accordingly, MRWA is seeking approval from the City to utilise this area for one of the laydown areas. Approval is also being sought from Fremantle Ports (FP) to utilise an area on their port as a laydown area for works associated with the Rail Bridge. On completion of the works, the laydown area on the East Street Jetty car park and grassed area will require reinstatement. In view of these safety works to the bridges, it is considered that approval can be give to utilise the proposed areas around the East Street Jetty for a laydown site, provided all areas are appropriately managed during the construction works and then fully reinstated to the satisfaction of Council at MRWA’s cost.


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Ongoing discussions between Main Roads WA and the tenant of the East Street Jetty and car park site are still underway. Further comment will be provided at the Strategic and General Services Committee meeting about the result of those discussions.

BACKGROUND

In support of their request to the City to use the East Street Jetty site as a laydown area the Main Roads WA has provide a submission detailing the incident and supporting information together with plans. This information has been included in this report. The Fremantle Traffic Bridge (Traffic Bridge) was built in 1938. There are three navigational channels below the bridge which are used by commercial and recreational marine vessels. An independent timber pier fender system was installed in 1975 as a result of the increase in marine vessels using the navigational channels. The fenders were installed to prevent errant vessels colliding with the bridge structure. Over the last 30 years, river traffic has continued to increase in volume and size resulting in increased frequency and severity of impacts on the bridge. As a result, the existing fender system requires reinforcing to address damage structural elements and to enhance its robustness to ensure the bridge is protected against increased levels of impacts in both directions. Furthermore, the replacement of the existing traffic bridge is not part of the Government’s four year forward estimates budget, thus MRWA has decided to reinforce the timber fender system with steel. The Fremantle Rail Bridge (Rail Bridge) was built in 1964. On 3 May 2011, the vessel Parmelia 1 collided with the Fremantle Rail Bridge, resulting in severe disruptions to the public and freight rail traffic to and from Fremantle for approximately two days. At the time on this incident, a PTA train was traversing the bridge and it narrowly missed colliding with the ship itself. This could have resulted in a major incident involving injuries and possible deaths. The Rail Bridge is used for public transport and freight uses and connects North Quay rail freight facility and passenger rail services to Perth. As such, if the Rail Bridge is damaged and cannot be used, there will be significant repercussions for the whole of Western Australia. In an effort to mitigate against this possibly occurring again, the MRWA will be constructing protection works in the river around the piers of the bridges. To minimise the impact on marine traffic during construction, the combined work across both bridges will be undertaken as part of one construction contract managed by MRWA. It is predicted that construction phase will take around 12 months, starting in January 2015. This project includes three separate but interdependent contracts which will be managed by three separate agencies (Department of Transport (DoT), MRWA and PTA) over 3 financial years (2013/14, 2014/15 and 2015/16):


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MRWA will deliver the main contract, that is:

Building five concrete dolphins in the river on the downstream side of the Fremantle Railway Bridge.

Improving and reinforcing the timber fender system on the Queen Victoria Street Traffic Bridge with new metal structures. This includes closing the centre channel between the two central piers. This closure has been endorsed by DoT.

PTA will deliver an Early Warning System (EWS) on the Rail Bridge to stop trains passing over the bridge if there is a possible compromise to the structural integrity due to vessel impact. The intent is to have the system fully operational before work commences on the main contract. This will add an additional level of safety during the delivery of the main contract. DoT will enhance the existing navigational aids in the river channel to improve the safety with marine vessel flow. They will work closely with MRWA and PTA throughout this process, particularly with respect to any installation of equipment on the two bridges. It is envisaged that some navigational aids may be installed before work commences on the main contract. This will provide additional capability with respect to vessel management during construction. The rest of the navigational aids will be installed once the main contract is complete. It is envisaged that some navigational aids will be installed on the dolphins as well as on the traffic bridge.

COMMENT

The PTA and MRWA are working together to upgrade the protection to the Traffic Bridge and the Railway Bridge. For these construction works, laydown areas on both sides of the bridges will be required to maximise safety during a difficult construction phase, the size of construction equipment required and to minimise the impact on ferry operations. To select the best available sites, it has been indicated that consideration was given to:

Safety of traffic on the river Impact of daily movement of construction barges to and from the construction site on river traffic; ie - the closer the laydown areas are to the bridges the lower the risks given shorter daily transitions thus decreased vessel traffic management challenges.

Safety of traffic on the road Ensure safety of pedestrians, cars, cyclist and visitors, particularly when delivering structural members to the laydown areas.

Safety of marine fauna and flora Minimise any environmental impacts – e.g. minimise major works on the water’s edge to facilitate access to the badges.

Safety of workers Proximity of workforce across two construction sites and two laydown areas; ie - the closer these are the better visual surveillance of any incident as well as easier communications.


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Effects on residents and businesses Impact of all aspects of the project on nearby residents and businesses.

Following the assessment of potential sites, the J-Berth and East Street Jetty were identified as the most suitable locations. The location of the required laydown areas are shown in Attachment 1. Three layout options have been considered. The preferred layout for the site is shown in Attachment 2. East Street Jetty site The Jetty site comprises of a 95 lot car park; two grassed areas and two boat jetties. The site also has a total of 29 trees with 2 in the small grassed area; 21 in the large grassed area and 6 within the car park. According to the historical aerial assessment of the grassed area, 7 of these trees were planted in 2009; 4 in 2010; 3 in 2011 and 7 in 2013. The grassed area is reticulated and has approximately 50 timber bollards on its surrounds. The proposed 1500m2 of laydown area will utilise all of the large grassed area and approximately 45 car bays. Site modifications will be required prior to commencement of works. Twenty-one (21) trees located within the large grassed area and one within the car park will need to be removed as to allow room for the construction amenities and deliveries. The grassed area will also need to be covered with limestone in order to protect the surface from the equipment. In addition, MRWA is willing to construct an overflow temporary car park across the road on the public open space to replace the 45 car parking spots being used during construction. This public open space will be reinstated to its original condition at the conclusion of the project. Site usage The proposed area will be used to accommodate containers, stockyard and temporary offices along with an area for cranage of materials from the stockyard works area to a moored barge. The area of containers is proposed to consist of large 6 metre containers stacked 2 metres high. These will be located close to the site of the old bridge abutment in the currently grassed area. The area to be used by the crane is close to the current embankment. The crane loading will be placed no closer than 2 metres from the embankment top in order to prevent movements and reduce the potential for instability. The barge will need to be held in place during loading and therefore two piles / bollards will be required to be installed in the car park. The truck turning radius indicates that some kerb amendments would be required at the western entrance and central entrance / exit to the car park. Due to temporary site fencing and material deliveries, the furthest east exit will remain unaffected however the central entry / exit will require traffic


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management during construction deliveries. The entry / exit point will need to be further assessed to ensure the coaches that drop off / pick up the ferry and charter vessel passengers can still manoeuvre adequately. Power and water supply will be similar to other construction sites and will likely be located under the traffic bridge. A major consideration during the construction activities is traffic management and the following is proposed; Traffic Management - vehicles (including bicycles) Traffic management will be required for trucks accessing via Beach Road during site mobilisation, deliveries and demobilisation. This will occur sporadically over the course of 9 – 12 months. There will be very little disturbance to Beach Street current traffic flow. Traffic Management - Pedestrians The proposed laydown area will take up approximately 120 metres of footpath as a result of temporary construction fencing. This section of footpath is currently not extensively utilised and it predominantly appears to be used by recreational fishermen, fishing from bridge Pier 17. Due to nature of the construction work and its inherent safety risk, MRWA will block all public access to the bridge piers for the full duration of construction. It is therefore anticipated that pedestrian traffic adjacent to the bridge will reduce and that the residual pedestrian traffic will be diverted.


Financial

Nil Legal

The Swan River Trust will need to give approval to the use of the proposed construction area. Operational

Nil Organisational

Nil

CONCLUSION

The PTA will be constructing vessel impact protection works in the river around the piers of the Fremantle Traffic Bridge and the Fremantle Railway Bridge. To undertake this work, laydown areas on both sides of the bridges are required to minimise the risks associated with moving large structural members and heavy machinery between the bridges during the construction phase of the project. For the Traffic Bridge works, it is proposed to provide a laydown area that utilises a section of the East Street Jetty car park and adjoining grassed area.


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The proposed 1 500m2 of laydown area will utilise all of the large grassed area and approximately 45 car bays for approximately 12 months. The car park is not fully utilised during the year and provided temporary parking is provided nearby it is considered this parking reduction will not have a significant impact. At the Informal Elected Members Briefing in February 2014, Councillors made several suggestions on the layout of the laydown area and these have been incorporated into this proposal. As a result, MRWA considers that adverse impact on road traffic including cyclist and pedestrian movements during construction have been minimised, including maintaining access to the jetty. On completion of the works, the laydown area on the East Street Jetty car park and grassed area will require reinstatement. It has been indicated that MRWA will reinstate the East Street laydown area to its current state once the work is completed. Alternatively, MRWA will provide funds equal to expected reinstatement cost to the City if it decides to improve the facilities and use of this area following consultation with the community and business owners. In view of these safety works to the two bridges, it is considered that approval can be give to utilise the proposed areas around the East Street Jetty site for a laydown site provided all areas are appropriately managed during the construction works and then fully reinstated at no cost to Council.


Nil


A presentation for Elected Members and senior staff at the City of Fremantle was conducted by MRWA and PTA representatives on Monday 3 February2014. It has been advised that MRWA and PTA have consulted with all key stakeholders, including local business owners regarding its proposal for a lay-down area on Beach Street. In this regard no objections were received from business owners, on the basis that car parking bays and access outside their premises are not disturbed. It has also been indicated that community and stakeholder engagement will continue to be a key element of this project. MRWA will ensure all issues that affect the community and stakeholders continue to be identified early and addressed in an appropriate and timely manner.




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MOVED: Cr A Sullivan That the Strategic and General Services committee, acting under authority delegated from Council, approves the use of the East Street Jetty car park and grassed area for a laydown site together with a temporary car park on the Beach Street Reserve as shown in Attachment 1 for works associated with the Fremantle Traffic Bridge for a period of 12 months provided all areas are appropriately managed during the construction works and then fully reinstated to the satisfaction of Council at Main Roads Western Australia’s cost, subject to continuous pedestrian access provided on the north side of Beach Street. Cr A Sullivan MOVED an amendment to the officer’s recommendation to include the following conditions:

1. They are consistent with the plans in Attachment 1 of the Strategic and General Services agenda papers for 14 May 2014.

2. The approval is to be for a period of no longer than 12 months. 3. The management of the areas being used and actions of sub contractors are

the responsibility of Main Roads WA. 4. At completion, reinstatement of the areas is the responsibility of Main Roads

WA. This work will bring the areas back to current standards, plus an amount of 1% of the total project value will be provided to install community facilities to be determined by Council.

CARRIED: 5/1

For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr David Hume Cr Sam Wainwright Cr Dave Coggin

Cr Doug Thompson

REASON FOR CHANGE TO OFFICER’S RECOMMENDATION To include specific conditions on how the land is to be reinstated and seeking support for a financial contribution for a community outcome. Cr A Sullivan MOVED an amendment to the recommendation to include part 5 as follows: 5. Subject to the tenants indicating their agreement to the release of these

areas from their lease.


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CARRIED: 6/0

For Against

Mayor, Brad Pettitt Cr David Hume Cr Andrew Sullivan Cr Sam Wainwright Cr Dave Coggin Cr Doug Thompson

REASON FOR CHANGE TO OFFICER'S RECOMMENDATION The tenants are yet to provide formal agreement to this request. COMMITTEE RECOMMENDATION That Council approves the use of the East Street Jetty car park and adjacent grassed area for a laydown/logistics site for works associated with the Fremantle Traffic Bridge and the use of a section of Beach Street Reserve as a temporary car park, subject to the following conditions:


2. The approval is to be for a period of no longer than 12 months. 3. The management of the areas being used and actions of sub contractors are

the responsibility of Main Roads WA. 4. At completion, reinstatement of the areas is the responsibility of Main Roads

WA. This work will bring the areas back to current standards, plus an amount of 1% of the total project value will be provided to install community facilities to be determined by Council.

5. Subject to the tenants indicating their agreement to the release of these areas from their lease.

Cr R Pemberton MOVED an amendment to the Committee's Recommendation to include the following wording: That Council approves the use of the East Street Jetty car park and adjacent grassed area for a laydown/logistics site for works associated with the Fremantle Traffic Bridge and the use of a section of Beach Street Reserve as a temporary car park, subject to the following conditions:


2. The approval is to be for a period of no longer than 12 months. 3. The management of the areas being used and actions of sub contractors

are the responsibility of Main Roads WA. 4. a) At completion, reinstatement of the areas is the responsibility

of Main Roads WA. This work will bring the areas back to current standards, plus an amount of 1% of the total project value will be provided to install community facilities to be determined by Council. b) That Main Roads work with the City of Fremantle to improve the


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pedestrian and cycle access over the old traffic bridge as part of these works.


SECONDED: Cr B Massie CARRIED: 8/3

For Against

Mayor, Brad Pettitt Cr Doug Thompson Cr Jon Strachan Cr Rachel Pemberton Cr Josh Wilson Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie

Cr Dave Coggin Cr Andrew Sullivan Cr Robert Fittock

REASON/S FOR CHANGE TO COMMITTEE'S RECOMMENDATION The pedestrian and cycle access is currently dangerous due to being too narrow and by the time these works are completed a new council might be in place. This will also allow us to do other planning and works to improve cycle and pedestrian movement in North Fremantle in general. Cr J Strachan MOVED an amendment to the amendment to Part 4 (a) by replacing the words "plus an amount of" and to include the words "negotiated up to" (as shown in bold and italics) SECONDED: Cr R Pemberton CARRIED: 10/1

For Against

Mayor, Brad Pettitt Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Josh Wilson Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie

Cr Doug Thompson

REASON/S FOR CHANGE TO OFFICER'S RECOMMENDATION The amended resolution sought to ensure cycle access improvement are included in the project and allow for negotiation of the agreement.


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COUNCIL DECISION

MOVED: Cr A Sullivan That Council approves the use of the East Street Jetty car park and adjacent grassed area for a laydown/logistics site for works associated with the Fremantle Traffic Bridge and the use of a section of Beach Street Reserve as a temporary car park, subject to the following conditions:


2. The approval is to be for a period of no longer than 12 months. 3. The management of the areas being used and actions of sub contractors

are the responsibility of Main Roads WA. 4. a) At completion, reinstatement of the areas is the responsibility of Main

Roads WA. This work will bring the areas back to current standards, negotiated up to 1% of the total project value will be provided to install community facilities to be determined by Council. b) That Main Roads work with the City of Fremantle to improve the pedestrian and cycle access over the old traffic bridge as part of these works.



For Against



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SGS1405-12 TERRENE LANE TRAFFIC ASSESSMENT

DataWorks Reference: 165/022 Disclosure of Interest: Nil Meeting Date: 14 May 2014 Previous Item: Nil Responsible Officer: Peter Pikor, Director Technical Services Actioning Officer: Phillip Adams, Manager Infrastructure Projects Decision Making Authority: Council Agenda Attachments: Consultant Pritchard Francis Report

City of Fremantle concepts for Terrene Lane traffic calming

EXECUTIVE SUMMARY

Residents of Terrene Lane, O’Connor have expressed concerns over a period of time with the existing traffic situation in this street. Recently, a resident of Terrene Lane has presented to the City an independently commissioned consultant’s traffic review and assessment of Terrene Lane and the surrounding network. This review presents current traffic conditions and road network layout with reference to the original structure plan of the area to justify modifications to the roads. The report builds a case for the closing of Terrene Lane and removal of the existing partial closure of Bellamy Street and Wexford Way. The purpose of this report is to put forward these findings of the independent traffic assessment and City Officers consideration of the report’s recommendation. There are concerns on the proposal to close Terrene Lane near Wexford Way as it is likely this treatment will redistribute existing traffic to College Corner. City officers’ consider that there may be the opportunity to install minor traffic calming treatments in Terrene Lane near Wexford Way subject to local community support.

BACKGROUND

The Taylor South subdivision was completed in 2011 and established with residential dwellings by mid 2012. The area has 41 lots within the development with 2 grouped dwelling of 20 and 9 units. All the remaining lots are occupied by houses with the exception of 5 vacant lots. Soon after the occupancy of the available lots, the City received requests to limit the amount of through traffic in the area as this was seen as disruptive to the community. Officers at the time deferred any action until a sufficient level of occupancy was achieved within the development and a bulk of the construction completed on the residential housing. An investigation into the cause of the through traffic and measure of traffic volumes and speeds was done in mid 2011. The investigation showed that an unreasonable level of through traffic was using College Corner and Wexford Way.


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The primary factor was attributed to the through connection of the area to and from the light industrial area immediately to the north of the development and the eateries located on South Street to the south. To mitigate the through traffic, a partial closure was done at the intersection of Wexford Way and Bellamy Street to allow exit for residents but restrict entry from the light industrial area. This project was done with the support of the community and endorsed by Council as detailed in the attached item from November 2011. The works were completed by March 2012 and a follow up traffic survey done in May 2012 showed a significant reduction in through traffic. The survey also showed that, at the time, averages of 54 vehicles per day were entering Wexford Way illegally from Bellamy Street. In 2013, the issue of vehicles using Terrene Lane as a through road was raised by residents culminating in the commission of a traffic report done on behalf of the residents by Pritchard Francis Consultants. The report as shown on Attachment 1 is independent of City of Fremantle input apart from statistical traffic data as well as Council planning documentation used in the report. The primary concern for residents in Terrene Lane is that there is very little or no setback of property from the edge of the road way. This results in garage openings having very limited sight lines. While not an issue on an isolated, low volume road with restricted through traffic, the geometry of Terrene Lane and recorded through traffic does represent an issue. The report commissioned by the residents questions the constructed layout of Terrene Lane in contrast to the original proposed structure plan and relevant traffic assessment at the time and proposes a solution.

COMMENT

There has been extensive engagement with the local residents over this issue in the previous 12 to 18 months by City officers and elected members. The original investigation by the City’s Traffic section identified the issue however could not justify the discrepancy with the original structure plan to an acceptable level for the residents. The implementation of additional traffic calming was also stalled due to the nature of the problem being behavioural. It should also be noted that the most communication has occurred with residents of Terrene Lane to address through traffic in this street and the inherent problems associated with the roadway not being suitable for this purpose. The design solutions presented in the independent Consultant’s traffic assessment will impact the residents in College Corner. The Consultant’s assessment indicates that this would not be to an unacceptable level. The Consultant’s recommendations are to cul de sac Terrene Lane near Wexford Way in conjunction with removal of the partial road closure at Wexford Way and Bellamy Street. Although the Consultant’s traffic assessment suggests that the relocated traffic from Terrene Lane to through traffic on College Corner is not substantial, it also recommends the removal of the existing partial road closure at Wexford Way and Bellamy Street. This existing partial closure has reduced to a degree the through traffic component from the light industry area. The removal of this partial closure will effectively allow the pre-treatment level of through traffic in the area to pass through College Corner. It is recommended to retain this treatment at Bellamy Street and Wexford Way to discourage traffic from the light industrial area using the area as a through route.


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It is acknowledged that a proposed cul de sac treatment of Terrene Lane will also significantly mitigate potential risks associated with the crest within Terrene Lane. There have been some concerns about the restriction to sightlines to properties due the crest in Terrene Lane. It is to be noted that the design of Terrene Lane was based on the Western Australian Planning Commission Liveable Neighbourhoods operational policy for the design of subdivisions. While the behavioural issue of drivers illegally accessing the area and also not using due care within the narrow roadway of Terrene Lane is not necessarily the scope of an engineering solution, it is considered that some physical traffic treatments in Terrene Lane can assist to moderate driver behaviour. Some concepts of potential traffic calming treatments are shown on Attachment 2.


Financial

Budget funds will need to be allocated to implement any proposed treatments. Currently there is no budget funding for any of the proposed solutions as such and would need to be considered in the draft 2014/15 budget. Legal

Traffic treatments that require regulatory signage and line marking will need to be approved by Main Roads WA.

Any proposal to restrict traffic moments in Terrene Lane will need to be publicly advertised.

Operational

Nil Organisational

Nil

CONCLUSION

Although the recommendation to disconnect Terrene Lane at Wexford Way put forward by the independent Consultant would assist to alleviate the issues in Terrene Lane it would redistribute traffic to other streets effectively relocating the problem of through traffic to the adjacent roadway of College Corner. The independent Consultant’s report shows a focus towards achieving and justification of an outcome for the residents within Terrene Lane. Consideration of the wider community has not been factored into the assessment except to state the impact would be acceptable in traffic management and road function context.


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Concern about a closure treatment in Terrene Lane has been voiced by some residents from College Corner when this option was discussed at a local on site meeting. Notwithstanding the previous planning issues, as this area is now established with the road layout constructed in its current form it is most likely there would be significant objection from the residents of College Corner to a closure proposal if a formal process was initiated. It is considered that installing some physical traffic calming treatments in Terrene Lane can assist to moderate driver behaviour and it is proposed that appropriate concepts be developed with the local street residents.


Transport: Fremantle recognised as a pedestrian and cycle friendly city

Community Safety: City and suburban areas are safe places to be in


The outcome of Council's deliberations of this report will need to be communicated to local community. Notification of any changes prior to any works being undertaken.




MOVED: Cr A Sullivan That Council: 1. does not support the recommendation of the independent Consultant to cul

de sac Terrene Lane near Wexford Way. 2. authorises the Director of Technical Services in consultation with the

residents’ of Terrene Lane to develop for further consideration, practicable traffic calming treatments in this street to assist to moderate the driver behaviour of motorists.


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SECONDED: Cr B Massie CARRIED: 9/2

For Against

Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Bill Massie

Cr Andrew Sullivan Cr Sam Wainwright


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SGS1405-18 CONSIDERATION OF WARDS AND THEIR BOUNDARIES AND THE NUMBER OFFICES OF COUNCIL IN A GREATER CITY OF FREMANTLE

DataWorks Reference: 098/004 Disclosure of Interest: Nil Meeting Date: 14 May 2014 Previous Item: Nil Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: Tanya Toon-Poynton, Governance Coordinator Decision Making Authority: Council Agenda Attachments: Map A

Map B Map C

EXECUTIVE SUMMARY

The proposed extension to the City of Fremantle boundaries as part of Local Government reform will require a review of ward representation for the new entity. The matter of dividing a district into wards and fixing the number of elected members is determined by a Governor’s order, on the recommendation of the Local Government Advisory Board (LGAB) to the Minister for Local Government. In anticipation of the extension of City of Fremantle boundaries, the City intends to make a recommendation to the Local Government Advisory Board detailing the Council’s preference for the number of wards and their boundaries, and the number of offices of councillor for the wards in a greater City of Fremantle. At a special council meeting on 12 March 2014, the Council adopted a submission which was presented to the Local Government Advisory Board in accordance with the proposal made by the Minister. At a meeting with the LGAB on that submission it was agreed that the City would forward consideration of ward boundaries to the Board prior to it finalising their recommendations in June. The attached maps show ward boundary options for this area which are proposed in accordance with the Local Government Act 1995.

BACKGROUND

On 30 July 2013, the state government, in response to the recommendations contained in the Robson Report, announced plans to amalgamate several local governments across metropolitan Perth. The plans include reducing the number of metropolitan Local Governments from 30 to 14. The City is contending to become a Primary Centre under the Directions 2031 and Beyond state strategic planning document. The submission to the LGAB places a strong emphasis on this desire and the need to expand the City to a logical boundary to achieve this result.


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The Local Government Act 1995, Schedule 2.2 sets out the provisions about names, wards and representation. The current City of Fremantle is divided into six wards, with two councillors representing each ward and a popularly elected mayor. The submission adopted by Council to the LGAB in March, 2014, nominated that the new entity would also propose six wards and a popularly elected mayor. The Town of East Fremantle Council consists of four wards, with two councillors representing each ward and a popularly elected mayor. The portion of the City of Cockburn that will be gained in the Ministers proposal contains all of the current West Ward and a portion of the Central Ward. The portion of the City of Melville that will be gained in the Ministers proposal contains a portion of the Bicton-Attadale ward and a portion of the Palmyra-Melville Ward.

COMMENT

Under the Local Government Act 1995, when making a proposal about wards for district local governments are to have regard to:

a) community of interests; b) physical and topographic features; c) demographic trends; d) economic factors; and e) the ratio of councillors to electors in the various wards

Each of the three proposed options has been developed with regard to these criteria. They all propose the greater City of Fremantle is divided into six wards, with two councillors for each ward, and a popularly elected mayor. It is anticipated that elector numbers at 1 July, 2015 will approximate 51,500 electors. The average for each ward, in a six ward scenario, would be 8,583. The Act allows for a 10% variation to this figure to take account of the areas of regard, therefore the upper figure would approximate 9,440 electors and the lower figure would approximate 7,725 electors. Option A – (map A, attachment 1) Option A presents a predominantly east/west alignment in the division of wards. It attempts to keep whole suburbs, or large portions of suburbs in the one ward, but in some areas communities of interest have taken precedent over keeping whole suburbs in one ward.


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Ward number

Summary

1 includes suburbs, or parts of suburbs which are in close proximity to the Swan River. The suburb of East Fremantle is divided at Surbiton Road, Preston Point Road and Fraser Street to accommodate for the high density of residents in Bicton and allow for a suitable ratio of electors to councillors. Each of these areas are established with little opportunity for a substantial increase in population.

2 contains the Fremantle city centre and most of the suburb of Fremantle and includes the remaining portion of East Fremantle, which includes the George Street precinct of cafes and shops, and is where the George Street Festival is held .

3 consists of the established eastern suburbs of Palmyra and Hilton, what remains of O’Connor and the portion of Hamilton Hill bound by Carrington St Healy Rd, Winterfold Rd and Stock Rd. A small portion of Fremantle, bound by Chudleigh, Marmion, High and Carrington Streets has been included in this ward to increase the ratio of electors to councillors, which compensates for the large industrial zone of O’connor.

4 consists of the established suburbs of White Gum Valley, South Fremantle, Beaconsfield, and the portion of Hamilton Hill north of Healy Road and to Carrington Street.

5 Integrates the established suburbs of Hamilton Hill with north Coogee and Spearwood, north of Spearwood Avenue.

6 Places the remaining area of North Coogee (Port Coogee) with Spearwood, Coogee and North Munster, all south of Spearwood Avenue to the southern boundary. Spearwood Avenue has been used as it provides a natural boundary and balances the ratio of numbers.

Option B – (map B, attachment 2) Option B presents a predominantly east/west alignment in the division of wards. It places a slightly stronger emphasis on keeping East Fremantle together east of Stirling Highway, as natural boundaries, such as main roads and the Swan River have been used. To the south, communities of interest have been a main consideration, and main roads have been used as boundaries.

Ward number

Summary

1 contains the suburbs Bicton and most of East Fremantle. Stirling Highway has been used as a boundary, which means the portion of East Fremantle to the west of this is not included. It includes the portion of the suburb of Fremantle bound by Stirling Highway, Marmion, Chudleigh and High Streets.

2 contains the City Centre, most of the suburb of Fremantle, the entire suburb of North Fremantle and the portion of East Fremantle west of Stirling Highway which includes the George Street precinct of cafes and shops, and is where the George Street Festival is held . It excludes the portion of the suburb of Fremantle bound by Stirling Highway, Marmion, Chudleigh and High Streets, and the golf courses and Booyeembara Park.

3 is similar to the ward shown as 3 on map A, however the golf courses and


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Booyeembara Park are included in area 3, to allow for a more streamlined east/west alignment.

4 Is the same as area 4 shown on map A

5 takes into consideration communities of interest, by keeping established suburbs with little opportunity for a substantial increase in population together in one ward. The use of Carrington/Hamilton St, Spearwood Ave and Rockingham Road as a boundary enables a suitable distribution of electors that allows for the population increase along the Cockburn Coast.

6 take into consideration communities of interest with the newer coastal suburbs together in one ward. The use of Carrington/Hamilton St, Spearwood Ave and Rockingham Road as a boundary enables a suitable distribution of electors.

Option C – (map C, attachment 3) Option C is a combination of the ward representation in the two previous options.

Ward number

Summary

1 is similar to that shown on map B, but excludes the portion of the suburb of Fremantle bound by Stirling Highway, Marmion, Chudleigh and High Streets.

2 is similar to that as shown on map B, but includes the portion of the suburb of Fremantle bound by Stirling Highway, Marmion, Chudleigh and High Streets.

3 is the same as the wards shown on map A.

4 is the same as shown on maps A and B

5 the same as shown on map A

6 the same as shown on map A


Financial

Nil Legal

Local Government Act 1995. It is anticipated the LGAB will also recommend ward boundaries for the new entity which will be included in the Govenor’s Orders. A review of ward boundaries is required at least every eight years. Operational

The effect on current operations will not be significant at this stage. The implementation of the new boundaries and wards will be completed as part of the City’s preparation for, and implementation of Local Government Reform. Organisational

Part of the Reform Process.


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CONCLUSION

The provisions about names, wards and representation is set out in Schedule 2.2 of the Local Government Act. In anticipation of the forthcoming boundary change announcements from the Minister for Local Government and Communities, the City is preparing for the changes to the ward structure of the district. The options for elected member representation and wards numbers and their boundaries are presented for consideration and notice to the LGAB.


Nil


Nil


Absolute Majority Required


MOVED: Cr A Sullivan Council approve advising the Local Government Advisory Board that it’s preference for ward boundaries in the submission of March, 2014, is: a) the number of offices of council is to be thirteen which includes twelve councillors

and one popularly elected Mayor. b) the number of wards in the greater City of Fremantle be six, with two councillors for

each ward. c) the ward boundaries as shown in map A or B or C of the attachments in the

Strategic and General Services Committee agenda 14 May 2014. COMMITTEE RECOMMENDATION Cr A Sullivan MOVED that the item be referred to the Ordinary Meeting of Council to allow the opportunity to consider alternatives to those proposed. CARRIED: 6/0


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ADDITIONAL OFFICER COMMENT

At the meeting of 14 May 2014, the Strategic and General Services committee referred the item to Council without selecting one of the proposed options. The committee felt the options for ward boundaries presented could be further adjusted to give greater consideration to communities of interest and keeping like suburbs in one ward. An informal discussion with some elected members resulted in a request to research the possibility of another option for ward boundaries, which included containing the whole of the Fremantle city and suburb within ward 2. Other changes requested were to increase the area of Hamilton Hill in ward 4 by including the area south of Healy Rd to Rockingham Road and Carrington St remains as the eastern boundary, and increase the area of Hamilton Hill contained in ward 3 using Carrington St and Stock Road as the east/west boundaries and Blackwood Avenue as the southern boundary. These boundary proposals did not present as suitable options as the estimated elector numbers would have been too high in the proposed wards 3 (10 000) and 4 (9700), and too low in the proposed ward 6 of (6900). Therefore Option D is proposed below with the changes that affect wards 1, 2, and 3, as summarised below. Option D – (map D, Council agenda attachment 1)

1 contains the suburbs Bicton and most of East Fremantle. Stirling Highway has been used as a boundary, which means the portion of East Fremantle to the west of this is not included.

2 contains the whole of Fremantle (City Centre and residential areas), the entire suburb of North Fremantle and the portion of East Fremantle west of Stirling Highway which includes the George Street precinct of cafes and shops, and is where the George Street Festival is held.

3 includes the like suburbs of Palmyra, O’Connor, Hilton and the portion of Hamilton Hill bound by Carrington St, Winterfold Rd, Stock Rd and Healy Road. Does not include any part of Fremantle

4 consists of the established suburbs of White Gum Valley, South Fremantle, Beaconsfield, and the portion of Hamilton Hill north of Healy Road and to Carrington Street.

5 takes into consideration communities of interest, by keeping established suburbs with little opportunity for a substantial increase in population together in one ward. The use of Carrington/Hamilton St, Spearwood Ave and Rockingham Road as a boundary enables a suitable distribution of electors that allows for the population increase along the Cockburn Coast.

6 takes into consideration communities of interest with the newer coastal suburbs together in one ward. The use of Carrington/Hamilton St, Spearwood Ave and Rockingham Road as a boundary enables a suitable distribution of electors.


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ALTERNATIVE OFFICER’S RECOMMENDATION

Council approve advising the Local Government Advisory Board that it’s preference for ward boundaries in the submission of March, 2014, is: a) the number of offices of council is to be thirteen which includes twelve councillors

and one popularly elected Mayor. b) the number of wards in the greater City of Fremantle be six, with two councillors for

each ward. c) the ward boundaries as shown in map A or B or C of the of the attachments in the

Strategic and General Services Committee agenda 14 May 2014 or map D of the Council agenda attachments.

COUNCIL DECISION

MOVED: Cr A Sullivan Council approve advising the Local Government Advisory Board that it’s preference for ward boundaries in the submission of March, 2014, is: a) the number of offices of council is to be thirteen which includes twelve

councillors and one popularly elected Mayor. b) the number of wards in the greater City of Fremantle be six, with two

councillors for each ward. c) the ward boundaries as shown in map D of the Council Agenda attachments. SECONDED: Cr J Wilson CARRIED: 11/0

For Against



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LIBRARY ADVISORY COMMITTEE 14 MAY 2014

LAC1405-1 LIBRARY AND INFORMATION SERVICE REPORT JANUARY - MARCH 2014

DataWorks Reference: 039/007 Disclosure of Interest: Nil Meeting Date: 14 May 2014 Responsible Officer: Marisa Spaziani, Director Community Development Actioning Officer: Julie Caddy, Manager Library and Information Service Decision Making Authority: Council Previous Item: Nil Agenda Attachments: Nil

EXECUTIVE SUMMARY

To provide information to the two Councils on the operation and performance of the Fremantle City Library during the previous quarter. This item reports on Library operations, issues and achievements for the quarter January - March 2014

STATISTICS (a) Membership - January - March 2014 Performance Indicators

Members per capita:

Fremantle 0.24%

East Fremantle 0.17%

% of total Membership:

New Members 7%

Expired Members 7%

Statistics

Population

City of Fremantle 29471

Town of East Fremantle 7595

Membership

Fremantle (residents, workers, students)

7161

East Fremantle (residents, workers, students)

1336


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Melville residents 877

Cockburn residents 1322

Cottesloe residents 299

Kwinana residents 55

Rockingham residents 64

Other WA residents 795

Institutional Bulk Loans 19

Temporary members 426

Total 12354

New members Expired members

871 880

(b) Library Access - January - March 2014 Performance Indicators

Per hour open Per staff FTE Per library member

Circulation transactions 152 8130 8.4

Visitors 57 2345 3

Active borrowers 44 2354 2.4

Reference enquiries 11 600 0.6

Local History enquiries 2 351 0.06

Fre-info enquiries 2.5 1672 0.14

Internet use within library 38 2053 2

% of loans

Requests for items in stock

7%

Items borrowed from other libraries

5.3%

Overdue notices sent 2.4%

Statistics

Library access

Hours open 678

Visitors 38933

Active borrowers 29897

Staff (FTE) 16.6

In House Internet Use 6378

Wifi Use 19703

Circulation transactions

Loans and renewals 57530

Returns 45723

Items on loan 13342

Reservations 4091


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Requests sent to other libraries

1169

Requests received from other libraries

1551

(c) Access to Information and Resources - January - March 2014 Performance Indicators

% of total stock

Total loans and renewals 101%

Items on loan 28.5%

New stock received 6%

Statistics

User assistance

Service desk reference enquiries

7618

Fre-info enquiries 1672

Local History enquiries 685

Online catalogue searches

17582

Library web page hits 28761

Use of Online Databases

Fre-info 23447

Local History online photographs

16111

Britannica Online 7224

Health and Wellness 6

ANZ Reference Centre 30

Novelist 2

Popular Magazines 67

Ancestry.com 2553

Carters Antiques 51

Freegal 702

Other

East Fremantle Parking permits issued

7

New stock items received 2818


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COMMENT

The library continues to be a destination for the community, with circulation transactions (loans and returns) 3% higher than for the same quarter in 2013 and library web page hits 15% higher. Positive feedback continues to be received about the staff and the service provided, and some examples are quoted in this report. Challenges existed with staffing levels during the quarter and it is a reflection on the commitment and dedication of staff that customer impacts were minimised and positive feedback continued to be received. History Centre The Fremantle History Centre is the new incarnation of the Local History collection. The name change was decided to make it very clear to the community what the purpose of this area is. The increase in online sites and activities by community groups focussed on collecting Fremantle’s history indicates that awareness of the resource built up by the library is less than desirable in the community. Promotion of the resources under the new banner will occur going forward. History librarians took advantage of lower customer numbers during January to catch up with data entry and cataloguing. Photographs are steadily being added to the new digital software, including regular donations from consultants and historians to the Centre. Digitisation continues and the first batch of historical film conversion from VHS to digital format was completed. Some of the films date back to the 1950s and are interesting to view. The second batch is now being processed, as is the last batch of oral history digitisation for this financial year. Another batch of newspapers was microfilmed, the Fremantle Herald from 18 September 2004 to 7 April 2007. Planning is underway for the 2014 Heritage Festival, brought forward two weeks this year to coincide with the WA Heritage Festival. This will enable events promotion to a wider audience within the state festival programme. The History Centre is organising three events this year, one of which will be at The Meeting Place where there will be a talk about Unlocking Fremantle’s History using the Local History Collection. Twenty two entries have been received for the Local History Awards, the highest number to date. There are eight published, three unpublished and eleven multimedia entries. A panel of external judges is presently evaluating the entries in time for the Awards night on May 9th. The Librarians have received positive feedback from collection users for their high standard of service provision. Some recent comments are:

I must thank you for the information you sent through and promptness in responding to my enquiry for my relative Robert Jamieson..... I guess I will just have to be satisfied with knowing he is in Fremantle somewhere. The Shetland Family History Group will share this information I have and this will add to their data base also....thank you sincerely – you have made my job so much easier.

I would like to thank you so much for the wonderful information you have sent me......It is so interesting to find out some of the history. I will come into the


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Library and do some more research of earlier times and hopefully the people who have lived here, absolutely fascinating.

Staff The recruitment of volunteers to assist daily shelf checking and tidying has proved worthwhile, with a very keen group of people completing more than anticipated in the time they are in the library. Two students requested this role as part of their Duke of Edinburgh award and have now moved on, but others have remained committed to completing the role. Training Recent presentations at the State Library of WA, focussed on the importance of heritage and history/archival collections to the community, on digital collections and community building through a new library. The challenges of creating and working with digital collections was discussed, and it was reassuring that the directions and issued identified at Fremantle are common to all. The re-use of digitised collections, particularly in the local history area, by libraries and by their users was a common theme, highlighting the value of digitised material in the community, but also suggesting a changing role for libraries to become content creators. The Manager from the Birmingham library in the UK discussed their project to build a new library that would contribute to building community capacity and engagement in a low socio economic city, with high unemployment, high functional illiteracy and where 37% of the population are under 35. The vision for the new library included that the building be a library, an archive, a visitor attraction, an event space, a corporate venue, a social and a business meeting place. Objectives required that there be social, economic and health outcomes for the City’s residents and that the library become the new ‘face’ of Birmingham. Selection librarians were able to attend sessions at the Perth Writers Festival in February, hearing presentations from a diverse range of authors and publishers. It was a useful tool to gauge public interest for library event planning and to inform stock selection. Among those headlining at the festival were Anne Summers, Hannah Kent, David Marr, Richard Flanagan, and Lionel Shriver. Several librarians attended an Effective Decision Making training course which all found valuable. The Library Management System supplier offered a range of training courses in use of the system during the quarter. This has been very useful in training recently appointed staff in some of the specific uses of the system. The eLibrarian has attended several demonstrations of Library Management systems to gain a broader knowledge of the marketplace. The current system is no longer being developed and is showing its age when compared to the capacity of other products.


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Mini training sessions were introduced for library staff during the quarter, to offer refreshers on library processes that staff may not have to complete frequently, or where misunderstandings about correct actions may exist. The sessions held to date have been very well received. Operations Sourcing of Council funded book stock from a major distributor has clearly resulted in staff efficiencies in processing these items. Books are now available to library members within a day or two of being received, against previous processing requirements which could take a few weeks to complete. A project has commenced to bring library procedures into line with the corporate template, with a contractor engaged to commence conversion of key procedures. The annual stock take was completed in February. The quarterly sales of discarded books and toys were held in February. Following the success of the previous sale at the Toy Library, the toy and book sales were held separately, with the Toy sale at the Hilton Community Centre and the book sale at the library. Both events were successful and popular with the community. Thanks must go to library and toy library volunteers for their assistance on these days to make the sales possible. Library staff had to call on the CBD security patrol for assistance with problem customers on a few occasions during the quarter. The professionalism and support of those officers was very much appreciated. Feedback on the front window decals, installed at the end of 2013 to promote the range of library services continues to be positive. eLibrary An iPad user group was held in the library during February in conjunction with the One Stop Shop. Attended by almost twenty people, it was a good indicator of the need for personalised technology training. Participants had many questions on email, connecting to wifi, downloading ebooks, finding apps and more. The limitations of having only the eLibrarian available to help that number of people were quickly realised and a review will occur before the session is repeated. Some of the audio read navigators acquired for print impaired people several years ago have started to break down, raising the question of repair or replacement. Users of these devices have found them invaluable in accessing audio versions of books and newspapers that they could not otherwise reach. The eLibrarian has been working with the Young People’s Librarian on a strategy to implement the eSmart libraries program in Fremantle. This has proved more challenging than originally realised and a local version of the program seems to be a more appropriate direction to work towards.


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Fre-info The Fre-info community information service reached its thirty-fifth birthday during the quarter. Librarians have been collecting data and informing community members about the activities, groups and services available in Fremantle and East Fremantle over all that time. A recent email to the CEO provided some very good feedback about the library, mentioning Fre-info specifically, and is typical of the response received by the Community Information Librarians through the years:

I have recently moved to NZ after spending ten wonder filled years in Fremantle. I wanted to make special mention of the friendly customer service I received from all the librarians and Jane on the Information Desk [Fre-info]. Indeed the library became a 'special' place for me to visit.

Query themes varied considerably this quarter depending on the month. January was all about school holiday activities and the Australia Day fireworks. February, activities for children during the year, playgroups, classes and courses and cruise ship visits whose passengers are often looking for free wifi and help with connecting to it. March this year was all about the Senate election, postal and early voting and changes of enrolment. The e-newsletter subscriber numbers continued to grow with 80 new members for the quarter taking the total to 2914 subscribers. The Summer School Holiday Fun guide was once again produced for the January holidays in both printed form and online. There were 3152 hits on the guide on the City website during the quarter. This is more than double the number of hits from the January 2013 guide. The brochure is very useful when helping parents find something for their children to do in Fremantle for the day or to planning for the holidays. Website hits on Fre-info databases remained steady. With the launch of the Fremantlestory website the calendar of events produced by Fre-info is no longer linked to the Fremantle Visitor Centre website and the restaurants section has been removed from the City of Fremantle website. The restaurants form a part of Fremantlestory so Fre-info is no longer maintaining this database. Restaurants will be asked to submit their details to Fremantlestory and update their own information. Popular event hits this quarter were the School Holiday guide, the Tour de Perth in March, the Indian Ocean Fireworks on Australia Day, Movies in the Square and Cruise ship visits with a surprising 541 hits on the website in February. The South West Metropolitan Partnership Forum (SWMPF) is a newly established body that brings together individuals, groups and organisations who are concerned about social disadvantage in the local government areas of Cockburn, Fremantle and Melville. Membership includes not-for-profit and government (local, State and Commonwealth) providers of human services, as well as community members, business, and philanthropists. SWMPF has created four projects to work on over the next three years including the development of improved tools for social planning. The Community Information Librarian has joined the social planning group and was a key member of the working group which created a Directory of social services in the South West Metropolitan Region. The work was undertaken was over a period of five months from November 2013 to March 2014. Members met weekly as well as undertaking


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rigorous online work on various aspects of the Directory outside the meetings. The Directory is provided online on the SWMPF website. Rather than duplicate the data Fre-info already holds, the directory provides links to Fre-info and other relevant websites. The website for the South West Metropolitan Partnership Forum and Directory was launched on March 26th. Unusual queries for which answers were provided:

Where a particular mural is located and how to get a printed copy of it.

What day was a particular date in 1955.

Satellite dish locations

Young Peoples Services (YPS)

Program Number of sessions

Children attending

Total attendance

Baby Rhyme Time 16 243 585

New Parent’s Groups 2 21 42

Toddler Tales 18 116 183

Storytime 8 133 243

School Holiday Activity Sessions

2 31 61

Class visits to the library

2 49 56

Outreach sessions to schools, playgroups, day care centres etc

6 154 166

Total 54 747 1336

From January to March 2014 a total of 54 sessions for children were held, with a total attendance of 1336. The most popular program this quarter has been the baby rhyme time sessions with a total attendance of 585. The first storytime for 2014 was the annual Pyjamarama Storytime during the January holidays. Nine pyjama-clad children and their parents enjoyed stories presented by the Librarian YPS and her Assistant. An additional night time storytime the following week attracted a bigger crowd with twenty two children dressed up as pirates and princesses accompanied by the same number of adults. Both sessions were very popular with all participants. Regular Storytime sessions recommenced in February, based around a back to school theme. In response to customer requests the Librarian YPS has incorporated the next week’s theme into the ‘what we did at storytime’ display, allowing parents and children to dress to the theme with a little of the focus colour in their clothing. Two outdoor storytimes in King’s Square were a great success this quarter, making use of the beautiful summer weather, with market store holders commenting on how much they love seeing it outside in the community and assisting by providing a marquee for the sessions. Toddler Tales sessions were fully booked this quarter and sessions have been well attended.


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The Saturday storytime was cancelled for 2014 due to low attendance numbers. This has enabled staff to incorporate a second baby rhyme time each week. From small numbers the Friday session has grown, and has been successful as both the Wednesday and Friday sessions have good attendance numbers but are no longer so crowded that people are turning away due to a lack of space. The Lance Holt Primary School’s PP/Yr1 class have begun to visit on alternate Thursdays for storytime, a craft activity and book borrowing. It is great to see the Year Ones who came last year helping the Pre-primary students find where things are in the library and attempting to help show them sections of the children’s library. Two new parent groups have attended sessions at the library with most joining either their child or both child and mother up as members. Due to requests from these parents and those from the Toddler Tales groups the Librarian YPS has been focusing on sourcing more good quality children’s books in a variety of languages. Five classes were visited this term at Richmond Primary School with a total of 94 children enjoying a special storytime and the presentation of the Better Beginnings green bags to Kindergarten and Pre-primary classes. Unfortunately there have been fewer outreach programs this term, in part due to the popularity of the Better Beginnings program which was so busy that State Library ran out of the green bags which are delivered to each child. Due to this some school visits have been postponed until next term. A visit to East Fremantle Primary School explained the Reading Rewards program available to Year Ones. A total of 60 year one students from three classes were read a story with a selected few children then retelling the story with puppets as well as the introduction to the Reading Rewards program. Poems written by East Fremantle primary school students about Fremantle during 2013 were sent to the City. A display of this work was mounted in the Children’s area and the school advised of that so students could bring their families to view their work. The original poems will be placed into the History Centre. Artwork completed in 2013 by Fremantle Fast Track students for the new teen area of the library was hung during the quarter. A photographic display showing the creation of the works was placed in the area to provide some context. The teen area is now much more delineated by the work, which provides a subtle message about the intended users of the collection. Adult Library Displays during the quarter focused on library stock and events promotion. ‘New Year Resolution 2014’ included books about exercise, eating healthy, investment and other titles that could have supported the promises everyone makes themselves. A display of damaged books showing water spillage, pen marks and torn pages alongside posters on how to take care of library materials attempted to raise awareness of this issue and the need to report damage or loss of library materials.


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A display of romance books and movies featured one of the guest authors for the Library Lover’s Day event. The display included an interactive ‘post it’ wall that engaged people to write their favourite book or movie and share with others. A display of Emmanuel Mollois’ baking books and related French dessert books encouraged an interest in this speaker. An article about Mollois which included a recipe complemented the display Events A panel of romance writing experts from the Romance Writers of Australia attracted an enthusiastic group to kick start a ‘day of romance’ on Valentine’s Day. Speakers Michelle Diener, Leah Ashton and Jennie Jones talked about the trials and tribulations of ‘getting published’ and gave an insight into the various paths to publishing. Participants enjoyed home-made cup cakes adorned with hearts and chocolates whilst enjoying this interesting, warm, open and frank discussion. The panel was followed by widely published writer Rachael Johns, chatting about how she got started in writing and offering a sneak peak of her newest book Outback Dreams with characters Faith and Monty navigating love in a sometimes challenging rural setting. The event finished with new and emerging author Yvette Walker talking about her own challenges as a new writer trying to get published and her jubilation when it finally did happen. Her book, Letters to the end of Love is a moving tale of Love and Loss told through an intimate exchange of love letters. This event was publicised in a national library magazine, and as the organiser stated ‘We certainly could ‘feel the love’ in the Fremantle City Library!’ French patissier Emmanuel Mollois attracted seventy five people to the library on February 27th, all of whom thoroughly enjoyed Mollois’s humour his inspiration and passion in his baking. Mollois brought a sample of his baking for the audience to try at the end of the event, which left all wanting to try out his recipes. Over the summer months the Outdoor Reading Room has been very successful in King’s Square. The reading material on the trolleys is regularly rotated to ensure new and interesting choices. A flat tyre on one of the trolleys plus some odd rainy days temporarily prevented the service from operating but not for long fortunately. The service continues to attract people who may not come into the library. As summer draws to a close, an approach was made to the operators of MANY to see if the service could move there for the winter months. There was enthusiasm for this plan and agreement was reached to move the Outdoor Reading Room indoors for the winter. Adult Collections In early January, the shelves in the magazine area were readjusted to accommodate space for ten new magazine titles. A forward facing display shelf was allocated to promote the most recent edition of titles. This has proven to be an effective way to promote the collection and a positive way to let public know the latest issue is available for borrowing. Both literature magazines Meanjin and Westerly were relocated to the literature section of the adult non-fiction collection to promote and increase usage.


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Other New legal deposit legislation was enacted in Western Australian, effective January 1st. This brings into law, what has been missing for a number of years, that a copy of all published material produced by any individual or organisation must be deposited with the State and National libraries. The new legislation also includes provision for multi media publications.


Financial

Nil Legal

Nil Operational

Nil Organisational

Nil

CONCLUSION

The January to March quarter saw the completion and instigation of a number of projects for the library. Some positive changes were introduced to make resources more visible and accessible to community members and professional development opportunities provided food for thought in the development of future services for the library.


Nil


Nil


Information only no decision required.


That the information be received.


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For Against



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LAC1405-2 TOY LIBRARY QUARTERLY REPORT - JANUARY - MARCH 2014

DataWorks Reference: 023/013 Disclosure of Interest: Nil Meeting Date: 14 May 2014 Previous Item: Nil Responsible Officer: Marisa Spaziani, Director Community Development Actioning Officer: Julie Caddy, Manager Library and Information Service Decision Making Authority: Council Agenda Attachments: Nil

EXECUTIVE SUMMARY

A summary of the operation and performance of the Fremantle Toy Library for the quarter is provided.

BACKGROUND

The Fremantle Toy Library is jointly funded by the City of Fremantle and Town of East Fremantle and a quarterly report is presented to the two Councils.

COMMENT

Membership

Fremantle Residents East Fremantle Residents

Total

Individuals 329 46 375

Families 208 32 240

New Members

Fremantle Residents

East Fremantle Residents

Total

48 3 51

Deleted Members

East Fremantle Residents

Fremantle Residents

Total

25 7 32

Visitors

January 533

February 635

March 606


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Loans

East Fremantle residents

Fremantle residents

Total

Toys

202

1,644

1,846

Books

130

2,287

2,417

Audio visual items

8

311

319

Total

340

4,242

4,582

Income

6 month concession

12 month concession

6 month full fees

12 month full fees

Party hire Total

January 47.00 82.00 744.00 832.00 56.00 1761.00

February 47.00 82.00 620.00 936.00 14.50 1699.50

March 0 82.00 310.00 1872.00 43.00 2307.00

The quarter commenced with steady borrowing from members during the January holidays. Party hire items were booked, nearly every weekend and the outside toys were a big hit with members really enjoying the selection especially the water toys. These toys were still in high demand throughout February which was quieter as the school year began. The sale of obsolete toys was run in the Hilton Community Centre foyer in February. The advertised start time of 10am, saw people waiting in the foyer from 9am, eager to see what toys might be available. The sale was run by a library staff member with assistance from one of the Toy Library volunteers to whom thanks go. There was a great turnout of people and sales were strong, leaving few items to be disposed of at the end. The sale had an impact on the Toy Library which was very busy in the first hour, including the joining up of three new families. New toys were purchased with vouchers, thanks to members who participated in the 2013 toy catalogue fund raiser. New costumes have been added to the collection this quarter as part of a major project planned for this year. Highlights include a variety of insects along with a selection of characters from different stories.


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In February a few bags of toys were donated to the Toy Library, with many of them in great condition, and suitable to be added into the toy library stock. It is useful when people see a good cause for pre-loved toys and think to donate them! An utilisation report required for grant acquittal purposes was conducted in February, showing that children between the ages of 0 and 2 were the most common visitors during the two week period. March has been a successful month with 21 new families joining the toy library. This is possibly due to some new community groups in the area, resulting in people discovering where the Toy Library is located. A book fair was held at the Community Centre in March which encouraged people to come and have a look at the Toy library and ask questions on how to join. Two new families joined and sixty people visited throughout that day. An Easter storytime is planned, and promotion includes an Easter themed costume display. The book reservation service is going strong, with more members using this as a drop off or pick up location for general library materials. This is shown by the fact that more than half of the loans (2,417 out of a total of 4,582 loans over the quarter)are library items.


Financial

Nil Legal

Nil Operational

Nil Organisational

Nil

CONCLUSION

The Toy Library continues to grow in its service to the community, with strong positive feedback about the value of the service received by staff.


Operations library and information.


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Nil


Information only no decision required.

COMMITTEE AND OFFICER'S RECOMMENDATION//COUNCIL DECISION

That the information in this report be received SECONDED: Cr I Waltham CARRIED: 11/0

For Against



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MOTIONS OF WHICH NOTICE HAS BEEN GIVEN

Nil. Mayor, Brad Pettitt MOVED en bloc recommendations numbered C1405-1, C1405-2, C1405-3. SECONDED: Mayor, Brad Pettitt CARRIED: 11/0

For Against


REPORTS BY THE MAYOR OR OFFICERS OF COUNCIL

STATUTORY COUNCIL ITEMS

C1405-1 MONTHLY FINANCIAL REPORT - APRIL 2014

DataWorks Reference: 087/002 Disclosure of Interest: Nil Meeting Date: Council 28 May 2014 Previous Item: C1404-1 of 23 April 2014 Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: Alan Carmichael, Manager Finance and Administration Decision Making Authority: Council Agenda Attachments: Statement of Financial Activity by Nature to 30 April

2014 Statement of Financial Position as at 30 April 2014 Determination of Closing Funds (Net Current Assets) as at 30 April 2014 Schedule of Accounts Paid April 2014 Investment Report to 30 April 2014 Debtors Outstanding as at 30 April 2014 Payment Report (EFT & Cheque) for April 2014 (viewed electronically) Payment Report (Purchase Cards) for April 2014 (viewed electronically)


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EXECUTIVE SUMMARY

The City adopted its Annual Budget on 24 July 2013 with an estimated municipal surplus of $100,000. A budget review was conducted at the end of January 2014 and the result reported to council at its ordinary meeting on 26 March 2014. As a result of the review the estimated municipal surplus was amended to $10,000. This report highlights any issues that may impact on the financial position to 30 June 2014 and the opening funds position for the 2014/2015 Budget.

BACKGROUND

The 2013/14 budget was adopted on 24 July 2013 with an estimated municipal cash surplus of $100 000. At the Council meeting of 29 January 2014 the estimated surplus was reduced to $98,000 with the approval of a $2,000 donation to a club. The budget was reviewed as at 31 January 2014 and the results of the review reported to Council at its meeting of 26 March 2014. As a result of the review the estimated municipal surplus was amended to $10,000. At its meeting on 28 August 2013 (Item SGS1308-7 refers), Council adopted nature and type as the preferred reporting format with 2.5% and a threshold of $250 000 as the level for explanation of variances.

COMMENT

When adopting the budget, the City also committed to find a further $1 000,000 in operational savings during the year and those savings were reflected in the employee costs budget adopted. At this stage of the financial year, the City is on target to achieve these operational savings. Organisational Comment Capital Grants Some grants have not been received within the timeframe anticipated by the budget phasing and this explains the $260,000 variance between year to date budget and actual. Utilities The organisation was $300,000 underspent to year to date budget at 30 April 2014. The Leisure Centre accounted for $126,000 of the variance but that will reduce in the next two months as invoices are received for periods post the recommissioning of the centre in early April. The remaining variation relates to street infrastructure and parks.


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Capital Expenditure: With 83% of the financial year elapsed and excluding the proposed depot land purchase for $14 million, we have spent 61% of the capital budget. There was only minor variation to the capital program at budget review and the current $5,000,000 gap between year to date budget and actual may even increase by 30 June 2014. The heavy plant program is overspent by $185,000 to the annual budget as an additional replacement compactor has been purchased.


Financial

This report is provided to enable Council to keep track of how the allocation of costs is tracking against the budget. It is also provided to identify any issues against budget which Council should be informed of. Legal

Local Government (Financial Management) Regulation 34 requires a monthly financial activity statement along with explanation of any material variances to be prepared and presented to an ordinary meeting of council. Under section 6.10 of the Local Government Act 1995 and Local Government (Financial Management) Regulation 12(1) (a) council has delegated authority to the CEO under item 3.2, Accounts for Payment - Authorisation Of, to make payments from the municipal fund and trust fund The lists of accounts paid are presented in accordance with Local Government (Financial Management) Regulations 13(1) and (3). Operational

This report is provided to Council to keep track of the operational issues affecting the implementation of projects and activities provided for under the 2013/14 adopted budget by reporting actual revenue and expenditure against budget. Organisational

No direct impact but results year to date may highlight matters that have arisen or may need to be addressed in the future.

CONCLUSION

The budget review was successful in realigning the budgets with the estimated activity levels in the recurrent budget area and consequentially has materially reduced the number and value of variances being reported. The financial statements as attached for further review of payments made during April and cash deposits at the end of April. Also attached is the year to date statement of financial activity and balance sheet for information.


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Nil


Nil

VOTING AND OTHER SPECIAL REQUIREMENTSIL


OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Mayor, Brad Pettitt

1. The City of Fremantle Financial Report including the Statement of Financial Activity, Statement of Financial Position and Statement of Closing position for the period ended 30 April 2014 is received,

2. Council receives the payments authorised under delegated authority and detailed in the list of invoices for April, 2014, presented as per the summaries set out in the attached schedules and include creditors that have been paid in accordance with the Local Government (Financial Management) Regulations 1996.


For Against



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COUNCIL ITEMS

C1405-2 DESIGN ADVISORY COMMITTEE APPOINTMENT OF NEW MEMBERS FOR A 2 YEAR TERM

DataWorks Reference: 059/002 Disclosure of Interest: Nil Meeting Date: 21 May 2014 Responsible Officer: Manager Statutory Planning Actioning Officer: Manager Statutory Planning Decision Making Level: Planning Services Committee Council Previous Item Number/s: PSC 1002-45 (17 and 24 February 2010), C1006-3 (June

2010) and PSC1201-9 (18 January 2012 PSC), PSC1205-69 (2 May 2012), C1205-3 (23 May 2012), PSC1403-6019 and 26 March 2014)

Confidential Attachments: 1. Resumes 2. Written references

EXECUTIVE SUMMARY In February 2010 the Council decided to establish a Design Advisory Committee (DAC) in accordance with clause 11.8 of LPS4. Following adoption of the Terms of Reference at that time, nominations were received for membership of the Committee. Five expressions of interest were received and in June 2010 those 5 nominees were appointed members of DAC. Since this time some the majority of original members have been reappointed for a further 2 year term and some members have resigned and replacements have been reappointed. Current membership terms expire in June 2014. In accordance with the revised terms of reference that were adopted by Council in March 2014, nominations for new membership were sought through a public expressions of interest process. A total of 13 nominations were received.

BACKGROUND

In February 2010 Council resolved that: 1. A Design Advisory Committee be established under clause 11.8 of Local Planning

Scheme No 4, 2. The terms of reference, as shown italicised in this report, be adopted, 3. Expressions of interest be publicly sought for membership of this Committee for a

period of 28 days, 4. A further report be presented to Council following assessment of the expressions of

interest to enable appointment of members.


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In June 2010 Council resolved: 1. That the following be appointed to the City of Fremantle Design Advisory Committee

for a period of 2 years from the date of this resolution in accordance with Clause 11.8 of Local Planning Scheme No 4;

Geoffrey London Dominic Snellgrove Alan Kelsall Linley Lutton A nomination from the Office of the Government Architect of WA,

2. That the sitting fee for members be set at $200 per hour, up to a maximum of 3

hours per meeting. 3. That the Terms of Reference, as adopted in February 2010, be modified as follows;

(a) inclusion of 5 members, including a nomination from the Office of the Government Architect of WA,

(b) deletion of the reference to the Chair of the Committee being determined by the Council

4. That the Terms of Reference be reviewed in 12 months time. In April 2012 Alan Kelsall resigned and in May 2012 Council reviewed the terms of reference. Also in May 2012 Council resolved:

“That Nerida Moredoundt be appointed to the City of Fremantle Design Advisory Committee for a period of 2 years from the date of this resolution in accordance with Clause 11.8 of Local Planning Scheme No 4.”

In March 2012 Council adopted Amendment 49 which amongst other things, made changes to clause 11.8 of the scheme relating to the DAC In June 2013 Council adopted Local Planning Policy 1.9 – Design Advisory Committee and Principles of Design to reflect the Ministers modification to Amendment 49. In December 2013 resigned and in April 2014 Nerida Moredoundt Linley Lutton. In March 2014 Council resolved to review the Terms of Reference were modified and:

“Expressions of interest be publicly sought for Design Advisory Committee membership for a period of 14 days and a further report be presented to Council following assessment of the expressions of interest.”

The purpose of this report is to appoint new DAC members in accordance with this resolution.


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PLANNING COMMENT

Expressions of Interests for DAC nominations were sought for 14 days that included advertisements in:

1. The Western Australian newspaper; 2. Australian Institute of Architects (WA) Chapter e-newsletter; and 3. The City web site.

A total of 13 nominations were received however one application was ineligible as they were not a qualified architect. All 13 CV’s are included in confidential attachment 1. The Terms of Reference state: “The membership of the Committee shall be drawn from a pool of members and comprise 4 - 5 persons at any one sitting, with a minimum of 3 required to deliberate on any matter. Members shall be highly regarded with appropriate qualifications and substantial experience in Architecture and Urban Design. One member of the Committee shall be selected with particular experience and expertise from each of the following areas;

City centre planning and development

Heritage and urban conservation

Energy efficient building design and sustainable development,

Public space planning and development The intent of the composition of the Committee is that it should include a mix of local and non local members. To ensure that local knowledge and issues are properly taken into account, at least two of the members shall have practises based within, or demonstrate significant experience in, the City of Fremantle. The Chair of the Committee will be determined by the Committee Members and will remain the same despite any rotation of members from the pool. Other criteria for membership Appointment of Members will be based on consideration of their qualifications and experience which must include having been involved in the design and/or design review of major development proposals of the kind which the Committee will be required to review as part of its role. The term of office for Committee members will be 2 years although Council may reappoint any member. Committee members are appointed by Council following a public process of expressions of interest. Any replies to expressions of interest will be referred to Council. In addition to the specific technical skills and experience noted above selected members should enjoy considerable professional recognition and prestige. To demonstrate this each nomination should be accompanied by the names of a minimum of two professional referees and a curriculum vitae. These should be independent professional peers who can specifically attest in writing to the suitability of the candidate for membership the Committee.”


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All applicants were of a very high quality and demonstrated experience in the all of the necessary fields. Existing DAC Members It is recommended in the interests of continuity that the existing 3 DAC members be reappointed. The existing 3 members are Geoffrey London, Melinda Payne and Dominic Snellgrove. They have been members since 2010 and their corporate knowledge and experience going forward is important in maintaining high standards of advice. They are familiar with the terms of reference and the Council’s scheme and policy requirements. They also demonstrate considerable experience in the areas specified in the terms of reference. Remaining 2 DAC positions On the basis of the existing 3 DAC members being appointed, this leaves the remaining 2 ordinary positions to be filled. Due to the high number of quality of applicants, a written reference was requested from each of the applicants (except the ineligible applicant and existing 3 DAC members). A copy of the written references is included in confidential attachment 2. The 2 remaining DAC positions are recommended based on the two candidates that demonstrate the most experience in heritage, local knowledge and energy efficient building design. Sasha Ivanovich demonstrates considerable experience in Fremantle heritage and Philip Gresley demonstrates considerable experience in energy efficient building design and is an accredited Greenstar professional. Deputies There has previously not been deputy positions however there have been several recent instances where due to conflicts of interest, leave or sickness, a quorum has not been achieved. It is considered that an additional 2 members (in additional to the 5 ordinary members) should be sufficient to achieve a quorum during such times. Based on knowledge, experience and written references, it is recommended that Warren Kerr and Patrick Kosky be appointed deputy members.


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Appointment Approach It is acknowledged that there are alternative approaches to appointing DAC members other that what is recommended above, i.e. that the existing DAC members are not reappointed and 7 completely new members are appointed. While it is considered that the recommended approach is preferred in terms of ensuring consistency and acknowledging that the existing members have provided high quality advice, Council may consider that an alternative approach is preferred. As the DAC are appointed by the Chief Executive Officer and not the Council, the purpose of this report is for Council to adopt the above recommended appointment approach. CONCLUSION The recommended approach for the appointment of DAC members is:

1. In the interests of continuity the existing 3 DAC Members be reappointed; and 2. Appoint the remaining 2 DAC members and an additional 2 deputy members

based on the merit of the applications and written references. OFFICER'S RECOMMENDATION/COUNCIL DECISION MOVED: Mayor, Brad Pettitt The following approach for the appointment of DAC members be endorsed:

1. That 5 members be appointed, with two additional deputy's 2. That the existing DAC Members who have re nominated be reappointed in

the interest of continuity 3. That the remaining 2 DAC members and an additional 2 deputy members be

appointed based on the merit of the applications and written references. SECONDED: Cr D Thompson CARRIED: 11/0

For Against



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C1405-3 INFORMATION REPORT - MAY 2014

BEACH-BASED SPECIAL PUBLIC TRADING PERMITS

DataWorks Reference: 059/009 Author: Luis Puig, Economic Development Coordinator Agenda Attachments: NIL At its meeting on 14 April 2014, SMG agreed to support the development of two special trading permits that will be valid on a trial basis for a 12 month period. These special trading permits are specifically designed to allow activities within public beaches. The administration is currently developing a number of conditions in consultation with key officers within the organisation and other key agencies outside the City. These two permits are: 1) Stand-up-paddling lessons and SUP board hire at South Beach (dog beach) and Port

Beach (northern car park) – One operator will hold this special permit which will allow it to park a vehicle near the pre-allocated locations in order to run stand-up-paddling lessons and hire SUP boards to the public.

2) Hire of beach furniture and recreational non-motorised watercrafts at 47 Mews Road – This special permit will allow the operator trading from the Fisherman’s Co-op building to hire beach furniture such reclinable chairs, lounges and sun umbrellas as well as recreational watercrafts such as kayaks.

At the end of the trial period, a review will take place in order to assess the impacts of allowing this type of operations within a public environment and inform the decision making process.


MOVED: Mayor, Brad Pettitt The information report for May 2014 be received.


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For Against



Page 187

C1405-4 ADOPTION OF BUSINESS PLAN FOR 2 JONES STREET

DataWorks Reference: 049/004 Disclosure of Interest: Nil Meeting Date: 28 May 2014 Previous Item: C1402-2, SGS1404-6 Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: Nadine Hume, Property Services Administrator Decision Making Authority: Council Agenda Attachments: Valuation (Confidential) Draft Business Plan

EXECUTIVE SUMMARY

To adopt a business plan in accordance with section 3.59 of the Local Government Act 1995 for the proposed purchase of 2 Jones Street, O’Connor for the purpose of developing a new Operations Centre for the City of Fremantle.

BACKGROUND

Investigations into the relocation of the City of Fremantle depot site have been ongoing since 2004. In 2009, the City adopted the Knutsford Street East Structure Plan. The City’s current operations depot is contained within the plan's area and has been identified for redevelopment. The City has funds in the 2013/14 budget for the acquisition of a new site to accommodate the operations depot and allow for the disposal and redevelopment of the current site. 2 Jones Street, O’Connor consists of a land area of 1.8802 hectares (4.7 acres) and an existing building area of 3 841m2 with 8 440m2 of hardstand. The premises is zoned as 'industrial' and currently leased to Fremantle Freight and Storage. The lease is due to expire as of 30 September 2014 with one existing option of 3 years to expire 30 September 2017. Current annual rental is $634 974 (ex GST) plus outgoings with an adjustment to CPI annually on the anniversary of the lease and market valuation when the option is exercised. Special conditions to the lease include a provision allowing the tenant the first and last right to purchase the property. It is assumed that the first right must already have passed for the property to be on the market. Further details as to the lessee’s position regarding this clause are being sought. At the Ordinary Meeting of Council on 26 February 2014, the following resolution was made;


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1. To approve delegated authority for the Chief Executive Officer to submit an offer for the purchase of 2 Jones Street, O’Connor on the condition the offer is made subject to the development and approval of a Business Plan in accordance with section 3.59 of the Local Government Act 1995, and;

2. The approved delegation in 1 above be on the provision of an offer up to

the value of $8.5 million. Committee then resolved at the Strategic and General Services Committee 9 April 2014; Committee approve the draft business plan for the proposed purchase of 2 Jones Street, O’Connor by the City of Fremantle for advertising in accordance with section 3.59 of the Local Government Act 1995.

COMMENT

The size of this property is suitable to the future needs of the City and is a rectangular shape which would allow for good access and development as an operations centre. The property currently has a 3 500m2 shed which could be refurbished to suit the City’s needs and a 750m2 office area which could also be refurbished. The site has potential to be redeveloped to satisfy the needs of a future operations centre. The total cost of such a development may be within the current budget allocation of $14 million and would see the City being able to shift from the current site within a smaller timeframe than developing a site from scratch. The current lease on the site would see the asset earning revenue whilst the City’s plans for relocation from the depot site, although the current lease has an option period towards the end of 2014 which would allow the lessee to terminate the lease or extend for three years. Advertising of the draft business plan finalised Friday 23 May 2014. The City did not receive any submissions or correspondence regarding the advertisement of the draft business plan.


Financial

The seller is considering offers from $8 million (ex GST). A market valuation sought in accordance with section 3.59 of the Local Government Act 1995 has determined the value of the property to be $7 150 000. The City’s 2013/14 budget for acquisition of a new depot site is $14 million and it is proposed that funds be raised through loan borrowings. The City's Long Term Financial Plan 2013-23 allows for the retirement of a large portion of this debt with the sale proceeds of the current depot site in 2016, then the use of sale proceeds from any subdivided portion of this property to undertake the improvements to the new depot to facilitate the operational requirements.


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This was based on the purchase of a larger site which would enable subdivision potential. The size of this site would not require subdivision and would be kept and redeveloped for City purposes. Approximate figures based on the workable use of the current structures on site give an indication that development to suit City purposes is $5.5 million. Retainment of the current tenant on the site would benefit the City of a rental income of $634 974 (ex GST) per annum which would support two thirds of a loan repayment. Legal

Local Government Act 1995. The City is proposing that Council adopt the Business Plan for the purchase of 2 Jones Street O’Connor, in accordance with section 3.59 of the Local Government Act, 1995. Operational

The current term of the lease at 2 Jones Street O’Connor is due to expire September 2014 with a further option of 3 years. The City may negotiate an exit strategy with the tenant prior to the end of the option period provided in the lease, subject to lessee approval. Once an alternate site is available to accommodate the Operations Centre, the process for the sale of the current site and implementation of the Knutsford East Structure Plan redevelopment can commence. Should the proposed business plan be adopted by council It is anticipated that settlement would occur within in the first quarter of the new financial year. Organisational

Whilst the purchase itself does not affect the Knutsford Street East Structure Plan, it allows for the sale and development of a significant site within the plan to be progressed.

CONCLUSION

The purchase will allow the City to undertake a key outcome of the strategic plan in providing the opportunity to move the operations centre and progress the sale and development of the current depot site.


Aligned with the 'Urban Renewal and Integration' Strategic Imperative. One of the key outcomes for this imperative is to;

“finalise scheme amendments to enable development in the Knutsford East Precinct.”


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Community engagement has been completed with the advertisement of the proposed business plan in accordance with the requirements of section 3.59 of the Local Government Act 1995.




MOVED: Mayor, Brad Pettitt

1. That Council adopt the draft business plan for the proposed purchase of 2 Jones Street, O’Connor by the City of Fremantle.

2. Delegate Authority to the Chief Executive Officer to make an offer to purchase 2 Jones Street in accordance with the Adopted Business Plan and negotiated offer.


For Against



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CONFIDENTIAL MATTERS

SGS1405-20 CONFIDENTIAL REPORT - DRAINAGE REMEDIATION OPTIONS - 73 HAMPTON ROAD, FREMANTLE

DataWorks Reference: 159/004, 161/006, Property (73 Hampton Road) Disclosure of Interest: Nil Meeting Date: SGS 14 May Council 28 May, 2013 Previous Item: SGS 1312-11, SGS 1404-5 Responsible Officer: Glen Dougall, Director Corporate Services

Peter Pikor, Director Technical Services Actioning Officer: Nadine Hume, Property Administrator

Phillip Adams, Manager Infrastructure Decision Making Authority: Council Agenda Attachments: Valuation Report – 73 Hampton Road

Concept Plan for Drainage Works – 73 Hampton Road

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following: (c) a contract entered into, or which may be entered into, by the local government and

which relates to a matter to be discussed at the meeting At 10.55pm Mayor, Brad Pettitt MOVED that item number SGS1405-20 be closed to members of the public in accordance with Section 5.23(2) of the Local Government Act. RESOLUTION FOR CONFIDENTIALITY MOVED: Mayor, Brad Pettitt That item SGS1405-20 be closed to members of the public in accordance with Section 5.23(2) of the Local Government Act 1995. SECONDED: Cr D Thompson CARRIED: 11/0

For Against

Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Josh Wilson


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Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie

There were no members of the public in the gallery at this time.

COUNCIL DECISION

MOVED: Mayor, Brad Pettitt SECONDED: Cr D Thompson CARRIED: 11/1

For Against

Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Josh Wilson Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright

Cr Bill Massie

CLOSURE OF MEETING

THE MAYOR, B PETTITT DECLARED THE MEETING CLOSED AT 11.01 PM.


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SUMMARY GUIDE TO CITIZEN PARTICIPATION & CONSULTATION

The Council adopted a Community Engagement Policy in December 2010 to give effect to its commitment to involving citizens in its decision-making processes. The City values community engagement and recognises the benefits that can flow to the quality of decision-making and the level of community satisfaction. Effective community engagement requires total clarity so that Elected Members, Council officers and citizens fully understand their respective rights and responsibilities as well as the limits of their involvement in relation to any decision to be made by the City.

How consultative processes work at the City of Fremantle

The City’s decision makers 1.

The Council, comprised of Elected Members, makes policy, budgetary and key strategic decisions while the CEO, sometimes via on-delegation to other City officers, makes operational decisions.

Various participation opportunities 2.

The City provides opportunities for participation in the decision-making process by citizens via itscouncil appointed working groups, its community precinct system, and targeted community engagement processes in relation to specific issues or decisions.

Objective processes also used 3.

The City also seeks to understand the needs and views of the community via scientific and objective processes such as its bi-ennial community survey.

All decisions are made by Council or the CEO 4.

These opportunities afforded to citizens to participate in the decision-making process do not include the capacity to make the decision. Decisions are ultimately always made by Council or the CEO (or his/her delegated nominee).

Precinct focus is primarily local, but also city-wide

5.

The community precinct system establishes units of geographic community of interest, but provides for input in relation to individual geographic areas as well as on city-wide issues.

All input is of equal value 6.

No source of advice or input is more valuable or given more weight by the decision-makers than any other. The relevance and rationality of the advice counts in influencing the views of decision-makers.

Decisions will not necessarily reflect the majority view received

7.

Local Government in WA is a representative democracy. Elected Members and the CEO are charged under the Local Government Act with the responsibility to make decisions based on fact and the merits of the issue without fear or favour and are accountable for their actions and decisions under law. Elected Members are accountable to the people via periodic elections. As it is a representative democracy, decisions may not be made in favour of the majority view expressed via consultative processes. Decisions must also be made in accordance with any statute that applies or within the parameters of budgetary considerations. All consultations will clearly outline from the outset any constraints or


Page 194


limitations associated with the issue.

Decisions made for the overall good of Fremantle

8.

The Local Government Act requires decision-makers to make decisions in the interests of “the good government of the district”. This means that decision-makers must exercise their judgment about the best interests of Fremantle as a whole as well as about the interests of the immediately affected neighbourhood. This responsibility from time to time puts decision-makers at odds with the expressed views of citizens from the local neighbourhood who may understandably take a narrower view of considerations at hand.

Diversity of view on most issues 9.

The City is wary of claiming to speak for the ‘community’ and wary of those who claim to do so. The City recognises how difficult it is to understand what such a diverse community with such a variety of stakeholders thinks about an issue. The City recognises that, on most significant issues, diverse views exist that need to be respected and taken into account by the decision-makers.

City officers must be impartial 10.

City officers are charged with the responsibility of being objective, non-political and unbiased. It is the responsibility of the management of the City to ensure that this is the case. It is also recognised that City officers can find themselves unfairly accused of bias or incompetence by protagonists on certain issues and in these cases it is the responsibility of the City’s management to defend those City officers.

City officers must follow policy and procedures

11.

The City’s community engagement policy identifies nine principles that apply to all community engagement processes, including a commitment to be clear, transparent, responsive , inclusive, accountable andtimely. City officers are responsible for ensuring that the policy and any other relevant procedure is fully complied with so that citizens are not deprived of their rights to be heard.


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Community engagement processes have cut-off dates that will be adhered to.

12.

As City officers have the responsibility to provide objective, professional advice to decision-makers, they are entitled to an appropriate period of time and resource base to undertake the analysis required and to prepare reports. As a consequence, community engagement processes need to have defined and rigorously observed cut-off dates, after which date officers will not include ‘late’ input in their analysis. In such circumstances, the existence of ‘late’ input will be made known to decision-makers. In most cases where community input is involved, the Council is the decision-maker and this affords community members the opportunity to make input after the cut-off date via personal representations to individual Elected Members and via presentations to Committee and Council Meetings.

Citizens need to check for any changes to decision making arrangements made

13.

The City will take initial responsibility for making citizens aware of expected time-frames and decision making processes, including dates of Standing Committee and Council Meetings if relevant. However, as these details can change, it is the citizens responsibility to check for any changes by visiting the City’s website, checking the Fremantle News in the Fremantle Gazette or inquiring at the Customer Service Centre by phone, email or in-person.

Citizens are entitled to know how their input has been assessed

14.

In reporting to decision-makers, City officers will in all cases produce a community engagement outcomes report that summarises comment and recommends whether it should be taken on board, with reasons.

Reasons for decisions must be transparent 15.

Decision-makers must provide the reasons for their decisions.

Decisions posted on the City’s website 16.

Decisions of the City need to be transparent and easily accessed. For reasons of cost, citizens making input on an issue will not be individually notified of the outcome, but can access the decision at the City’s website under ‘community engagement’ or at the City Library or Service and Information Centre.


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Issues that Council May Treat as Confidential Section 5.23 of the new Local Government Act 1995, Meetings generally open to the public, states: 1. Subject to subsection (2), the following are to be open to members of the public -

a) all council meetings; and b) all meetings of any committee to which a local government power or duty has

been delegated.

2. If a meeting is being held by a council or by a committee referred to in subsection (1) (b), the council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following:

a) a matter affecting an employee or employees; b) the personal affairs of any person; c) a contract entered into, or which may be entered into, by the local government

and which relates to a matter to be discussed at the meeting; d) legal advice obtained, or which may be obtained, by the local government and

which relates to a matter to be discussed at the meeting; e) a matter that if disclosed, would reveal –

i) a trade secret; ii) information that has a commercial value to a person; or iii) information about the business, professional, commercial or financial

affairs of a person. Where the trade secret or information is held by, or is about, a person other than the local government.

f) a matter that if disclosed, could be reasonably expected to - i) impair the effectiveness of any lawful method or procedure for preventing,

detecting, investigating or dealing with any contravention or possible contravention of the law;

ii) endanger the security of the local government’s property; or iii) prejudice the maintenance or enforcement of a lawful measure for

protecting public safety.

g) information which is the subject of a direction given under section 23 (Ia) of the Parliamentary Commissioner Act 1971; and

h) such other matters as may be prescribed.

3. A decision to close a meeting or part of a meeting and the reason for the decision are to be recorded in the minutes of the meeting.


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MINUTES ATTACHMENTS

Ordinary Meeting of Council

Wednesday, 28 May 2014, 6.00 pm

Minutes Attachments - Ordinary Meeting of Council

28 May 2014

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