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COUNCILMINUTES 22 FEBRUARY 2000

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Ord Con Mins 22 Feb 2000

CITY OF PERTH

INDEX

Item Description Page

75/00 PRAYER 164

76/00 DECLARATION OF OPENING 164

77/00 APOLOGIES 164

78/00 QUESTION TIME FOR THE PUBLIC 164

79/00 MEMBERS ON LEAVE OF ABSENCE AND APPLICATIONSFOR LEAVE OF ABSENCE 167

80/00 CONFIRMATION OF MINUTES 167

81/00 ANNOUNCEMENTS BY THE LORD MAYOR WITHOUTDISCUSSION 168

82/00 DISCLOSURE OF MEMBERS’ INTERESTS 168

83/00 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVENWITHOUT DISCUSSION 168

84/00 CORRESPONDENCE 169

85/00 PETITIONS 169

86/00 80 (LOT 1D) BENNETT STREET, EAST PERTH - TWENTY-EIGHT SINGLE BEDROOM APARTMENTS 169

87/00 160 ST GEORGES TERRACE, PERTH - FINAL ADOPTIONOF TOWN PLANNING SCHEME NO. 23 169

88/00 273-277 HAY STREET, EAST PERTH - TWO NINE-STOREYRESIDENTIAL APARTMENT BUILDINGS 171

89/00 357-363 (LOT 14) MURRAY STREET, PERTH - CANOPYADDITION AND OUTDOOR SEATING 179

90/00 CROWN RESERVE 34142 SUMMERS STREET, EAST PERTH- PROPOSED ROAD COACH WASH FACILITY AND DEPOT 183



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91/00 573 WELLINGTON STREET, PERTH - ALTERATIONS TOPREVIOUS APPROVAL FOR THE REFURBISHMENT ANDADDITIONS TO TWO EXISTING BUILDINGS TOACCOMMODATE 33 DWELLINGS AND GROUND FLOORRETAIL FLOOR SPACE 188

92/00 850 (LOT 1) WELLINGTON STREET, PERTH - 48 MULTIPLEDWELLINGS 191

93/00 BENNETT STREET, EAST PERTH - PROPOSED KERBSIDEPARKING CHANGE 196

94/00 ALFRESCO DINING LOCAL LAW, POLICY AND FEESCHEDULE 198

95/00 INCLUSION OF THE GATEWAY PRECINCT IN THE EASTPERTH REDEVELOPMENT SCHEME 203

96/00 TOWN HALL UPDATE 208

97/00 LEASE OF TENANCY 1 ON THE JAMES STREETFRONTAGE OF THE ROE STREET CARPARKREDEVELOPMENT 212

98/00 DINING ROOM - ESTABLISHMENT OF A CATERINGEVALUATION COMMITTEE 219

99/00 PROPOSED SISTER CITY VISIT - VASTO, RHODES ANDMEGISTI 223

100/00 NORTHBRIDGE FESTIVAL COMMITTEE MEETING HELDON 14 DECEMBER 1999 226

101/00 HOUSE/SPONSORSHIP AND DONATIONS COMMITTEE -SPECIAL MEETING HELD ON 14 FEBRUARY 2000 227

102/00 CENTRAL CITY PRECINCT COMMITTEE - MINUTES OFTHE MEETING HELD ON 8 DECEMBER 1999 227

103/00 CRAWLEY PRECINCT COMMITTEE - MINUTES OF THEMEETING HELD ON 3 FEBRUARY 2000 228

104/00 NORTHBRIDGE/WEST END PRECINCT COMMITTEE -MEETING HELD ON 2 FEBRUARY 2000 229

105/00 PAYMENTS TO CREDITORS 230



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106/00 FINANCIAL STATEMENTS - PERIODS ENDED 31OCTOBER AND 30 NOVEMBER 1999 231

107/00 FINANCIAL STATEMENTS - PERIOD ENDED DECEMBER1999 231

108/00 MOTION OF WHICH PREVIOUS NOTICE HAS BEENGIVEN 234

109/00 REPRESENTATION ON STATUTORY AUTHORITIES ANDPUBLIC BODIES 234

110/00 URGENT BUSINESS 234

ARDEN STREET RESERVE 234

COUNCIL MINUTES - 164 - 22 FEBRUARY 2000

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Minutes of the Ordinary Meeting of the Council of the City of Perth held in the Council Chamber,Ninth Floor, Council House, 27 St George’s Terrace, Perth, on Tuesday, 22 February 2000 at6.05pm.

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

Councillors Present: Sutherland, Davidson, Goodman, McEvoy,MacGill, Stroud and Tudori (arrived 6.07pm)

In Attendance:

Garry Hunt - Chief Executive OfficerNoelene Jennings - Director Corporate ServicesDoug Forster - Director Business UnitsGarry Dunne - Director Service UnitsCharlotte Stockwell - Director StrategyMax Hipkins - Director PlanningPeter Monks - Manager ApprovalsJamie Parry - Manager Corporate SupportLorna MacGregor - Manager MarketingSue Potter - Administrative Team Leader

75/00 PRAYER

The Lord Mayor took the Chair and the prayer was read by the Chief Executive Officer.

76/00 DECLARATION OF OPENING

The Lord Mayor declared the meeting open.

77/00 APOLOGIES

Nil

78/00 QUESTION TIME FOR THE PUBLIC

The Chief Executive Officer advised that questions had been received from the following people:-

Mr Sam Marney, 31 Cowle Street, West Perth 6005

Question 1: Given that Section 2.10(a) of the Local Government Act 1995 states that the roleof Councillors is to represent the interest of all electors, ratepayers and residentsof the district and the heritage advisor indicates that the building is of significanceto the City of Perth as a whole, how can Elected Members allow the demolition of277 Hay Street?



Answer: The Chief Executive Officer responded that this issue was addressed onpage 14 of the Officer’s report which describes in considerable detail thebackground to that particular question.

Question 2: If Elected Members vote to allow the demolition of 277 Hay Street in oppositionto the interests of all electors, ratepayers and residents of the City, will you be inbreach of the Local Government Act 1995?

Answer: The Chief Executive Officer responded that the answer to that question isno.

Question 3: Given that the City of Perth has yet to prepare a Municipal Heritage Inventorywould it consider establishing an interim heritage data base of all buildings withpotential heritage value (State and local) as has occurred in the Town of Vincent?(The benefit of a data base is that persons considering the purchase of propertylisted on the database are aware up front that the property may have heritagesignificance and demolition may not be possible Those in the community whowish to preserve heritage also benefit as buildings of heritage significance to thecommunity are retained.)

If not why not?

Answer: The Chief Executive Officer responded that as addressed on pages 12 and14 of the Officer’s report the City has proposed a draft MunicipalHeritage Inventory. This building is not listed on it and this wascommunicated to the applicant prior to the plans being prepared. It isanticipated that the City will release information relating to the DraftMunicipal Heritage Inventory within the next few weeks.

Cr Tudori arrived in the Chamber at 6.07pm

Mr Bill Bradbury, PO Box 6489, East Perth 6892

Question 1: When will the graffiti in the East Perth area be cleaned off?

Answer: The Chief Executive Officer responded that there is a graffiti hotlinewhich people may call and the details will then be referred on to therelevant State Government agency. If Mr Bradbury would like to providefurther details on the graffiti the City will refer the information on.

Question 2: Between Bennett Street and Hill Street there are 35 parking signs all leaning atvarious angles that detract from the streetscape. Has the City of Perth gone overthe top on this matter?

Answer: The Chief Executive Officer responded that this issue will be addressed



and the signs corrected.

Question 3: Why are there no timetables available for the weekend CATS service that runsfrom East Perth to West Perth?

Answer: The Chief Executive Officer responded that the CATS services do have atimetable. If they are not printed it is a matter which would need to bereferred to Transperth as they are responsible for the timetables.

Question 4: If we don’t do something soon, world experts forecast we will have a LA smogproblem. What is being done by the City of Perth to tackle this problem?

Answer: The Chief Executive Officer responded that he would refer Mr Bradburyto the City’s Environmental Plan which has a number of issues and actionswhich will be undertaken by the City in doing its part.

Question 5: (a) Could the City of Perth take a step in addressing this problem by convertingthe Lord Mayor’s limo to an environmentally friendly fuel system?

(b) Or get rid of this gas guzzler altogether?

Answer: The Chief Executive Officer responded that the Lord Mayor’s car is notdue to be traded for approximately two years.

Question 6: Can you give an estimate of how many homeless persons sleep on our streetsnightly?

Answer: The Chief Executive Officer responded that he does not know the answerto that question, and will endeavour to find out.

Question 7: Why has the City of Perth allowed Bishop’s Row to be turned into a builders’yard?

Answer: The Chief Executive Officer responded that he is not aware of the locationof Bishop’s Row and so will take the question on notice.

Question 8: Could the City of Perth name a lane, park or dedicate an appropriate open spacein memory of Mrs Joyce Ward who gave so much to the West Perth PrecinctCommittee?

Answer: The Chief Executive Officer responded that he would also take thisquestion on notice.



Mr Paul Ritter, 66 Orange Valley Road, Kalamunda 6076

Question 1: Are the salary packages of the Directors and the Chief Executive Officer of theCouncil available to the Councillors of the City of Perth?

Answer: The Chief Executive Officer responded that yes they are available.

Question 2: Is this confidential information or is it available also to the electors of the City ofPerth?

Answer: The Chief Executive Officer responded that it is available for inspection tothe extent as prescribed under Sections 5.94 and 5.95 of the LocalGovernment Act and relates to contracts for senior staff under Section5.39 of the Local Government Act.

Question 3: If it is available to electors how is the information obtained?

Answer: The Chief Executive Officer responded that a request submitted in writingwill be responded to.

Question 4: If it is confidential information, which are the clauses and ordinances that allow forthe confidentiality of such information?

Answer: The Chief Executive Officer responded that the clause is Section 5.95(5)which states that the Chief Executive Officer may withhold confidentialinformation in those contracts.

79/00 MEMBERS ON LEAVE OF ABSENCE AND APPLICATIONSFOR LEAVE OF ABSENCE

The Chief Executive Officer advised that Cr Semmens had previously been granted leave of absencefor the period 15 February to 1 March 2000 inclusive.

80/00 CONFIRMATION OF MINUTES

The minutes of the Ordinary Meeting of the Council held on 8 February 2000 were submitted forconsideration.

Moved by Cr MacGill , seconded by Cr Davidson

That the minutes of the Ordinary Meeting of the Council held on 8 February 2000, betaken as read and confirmed.

The motion was put and carried.



81/00 ANNOUNCEMENTS BY THE LORD MAYOR WITHOUTDISCUSSION

The official guests who attended tonight’s Council meeting were from the Chung Wah Association asfollows:

Mr T S Su PresidentMr Peter Lee Senior Vice PresidentMr Thomas Goh Senior PresidentMr Sammy Yap Hon SecretaryMiss Grace Tseu Assistant TreasurerMrs Edie Hoy Poy TrusteeMrs Grace Chow Executive MemberMrs Kaylene Poon Executive MemberDr K C Wan Executive MemberMr Richard Tan Executive Member

82/00 DISCLOSURE OF MEMBERS’ INTERESTS

The Chief Executive Officer advised that the following Members had disclosed a financial interest inthe following matters.

Member/Officer Minute No. Page No. Nature of Interest

Cr MacGill 94/00 197 Employee of a business alongside an alfrescodining area.

Cr MacGill 96/00 207 Employee of a business in close proximity tothe Town Hall

Cr McEvoy 94/00 197 Owner of a business with alfresco dining

Cr Goodman 94/00 197 Owner of a property that may have alfrescoin the future

Cr Tudori 94/00 197 Owner of a property where lessees havealfresco dining.

83/00 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVENWITHOUT DISCUSSION

The Chief Executive Officer advised that Cr Tudori had asked the following questions:-

Question 1: Is it a fact that the East Perth Redevelopment Authority Board has made thedecision to resume what is commonly known as the Arden Street Reserve, whichCouncil has resolved to keep as Public Open Space?



Question 2: If this is so can you confirm that you and Cr McEvoy, as the two Councilrepresentatives on the East Perth Redevelopment Authority Board voted againstresumption according to the Council’s resolution?

Answer: The Lord Mayor responded that this item of the Notice Paper relates toquestions from Members on the work or procedure of the Council. Thequestions do not relate to the workings of the Council, but rather to anindependent authority. Accordingly he would not pursue answers to thequestions.

84/00 CORRESPONDENCE

Nil

85/00 PETITIONS

Nil

86/00 80 (LOT 1D) BENNETT STREET, EAST PERTH - TWENTY-EIGHT SINGLE BEDROOM APARTMENTS

This item was withdrawn at the request of the applicant.

87/00 160 ST GEORGES TERRACE, PERTH - FINAL ADOPTIONOF TOWN PLANNING SCHEME NO. 23

BACKGROUND:

SUBURB/LOCATION: 160 St George’s Terrace, PerthDA/BA REFERENCE: N/AFILE REFERENCE: P1001616-2RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 7 February 2000

LANDOWNER: Westpoint Centreways Pty LtdAPPLICANT: BSD Consultants Pty LtdZONING: (MRS Zone) Central City Area

(City Planning Scheme Zone) Shopping CS



SITE HISTORY: The Council at its meeting held on 10 November 1998 grantedapproval for arcade alterations including a food court, a gymnasium,consulting rooms, refurbishment of the existing office tower, andconstruction of a 15 storey building comprising 153 residentialapartments on top of the existing two storey (plus mezzanine) buildingat the Hay Street end of the site, subject to several conditions.

The Council at its meeting held on 22 December 1998 resolved toprepare Town Planning Scheme No. 23 to apply to the subject site atthe request of the land owner, as the landowner intends to subdividethe site into two lots. A subdivision proposal to subdivide the land intotwo lots of 875m2 and 1846m2 has been progressed with the WesternAustralian Planning Commission. The Western Australian PlanningCommission is unable to clear the subdivision until a minor townplanning scheme has been gazetted, as the subdivision would result inan uneven distribution of plot ratio and car parking allowances over thesite

The Council at its meeting held on 23 February 1999 resolved toenter into an agreement with Westpoint Centreways Pty Ltd to enablethe subdivision of the site prior to the gazettal of the Minor TownPlanning Scheme, given that it would take up to 12 months for thescheme to be gazetted. The agreement has been finalised and signedby the Lord Mayor and the Chief Executive Officer.

The Council at its meeting held on 10 August 1999 resolved to adoptTown Planning Scheme No. 23 and to forward the Scheme to theWestern Australian Planning Commission to obtain consent of theMinister for Planning to advertise the Scheme for public inspection.

The Hon Minister for Planning granted consent for the proposedScheme to be advertised for public comment until 23 November 1999.

Public advertising of the draft Town Planning Scheme No. 23 wascompleted on 23 November 1999. No submissions were received.

The Council at its meeting held on 14 December 1999 adopted theMinor Town Planning Scheme No. 23 without modification.

DETAILS:

In a letter dated 4 February 2000, the Western Australian Planning Commission advised that theHon Minister for Planning has approved the Scheme without modification.



COMMENTS:

In view of the Ministers advice, it is now necessary under the Town Planning Regulations for theCouncil to adopt the Minor Town Planning Scheme No. 23 for final approval and forward theexecuted copies of the Scheme to the Western Australian Planning Commission in order to seek theendorsement of the Hon Minister for Planning for final approval of the Scheme.

Moved by Cr Sutherland, seconded by Cr Stroud

That:-

(i) in accordance with the requirements of the Town Planning and DevelopmentAct 1928 and pursuant to the Town Planning Regulations, the Council adoptsTown Planning Scheme No. 23 for final approval;

(ii) the Scheme documents be signed and sealed by the Lord Mayor and the ChiefExecutive Officer;

(iii) the Council forwards the executed copies of Town Planning Scheme No.23 tothe Western Australian Planning Commission in order to seek the endorsementof the Hon Minister for Planning for final approval of the Scheme.

The motion was put and carried

88/00 273-277 HAY STREET, EAST PERTH - TWO NINE-STOREYRESIDENTIAL APARTMENT BUILDINGS

BACKGROUND:

SUBURB/LOCATION: Hay Street, between Hill Street and Bennett Street, East PerthDA/BA REFERENCE: 99/0529FILE REFERENCE: P100411-5RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 5 January 2000

LANDOWNER: Golden Harvest PropertyAPPLICANT: Grounds Kent ArchitectsZONING: (MRS Zone) - Central City Area

(City Planning Scheme Zone) - General Commercial CCAPPROXIMATE COST: 12,000,000



SITE HISTORY: The 1880m2 site consists of two lots and is occupied by two buildings(former pair of residences) built circa 1907 which are currently usedfor short term youth accommodation.

DETAILS:

Approval is sought for the demolition of the existing buildings on the site and for the development oftwo nine-storey residential apartment buildings containing 62 multiple dwellings (of two and threebedroom design), a gymnasium (for use by the residents) and a restaurant facing Hay Street. Fiftycar bays would be provided on-site at basement level, with access from Hay Street. The buildingswould be 27.7 metres above ground level. Variations are being sought for housing density,residential plot ratio, car parking and building height.

POLICY/LEGISLATION:

Goderich Design Policy (draft):

The application complies with the draft Goderich Design Policy in regard to setbacks, pedestrianshelter and land uses.

The development does not comply with the building height restrictions of 25.5 metres in this sectionof Hay Street. The development would exceed the height limit by 2.5 metres (excluding the liftoverrun). To address this variation the top level facing Hay Street has been setback approximately3m from the ground floor facade to reduce the apparent height as perceived from Hay Street.

Perth Central Area Parking Policy

This Policy specifies a maximum tenant parking allowance (including residential parking) for thesubject property of 37 bays. The development does not comply with this requirement as a total of50 car parking bays have been proposed. The applicants have not provided a traffic impactstatement to address the additional bays, however, as the total amount of parking is less than onebay per apartment, the variation is considered to be acceptable. This policy has essentially beensuperseded by the Perth Parking Policy approved by Council in 1997.

Perth Parking Policy (Department of Transport)

Residential parking is excluded from this Policy. The permitted tenant parking allowance for therestaurant is 28 bays. A condition can be imposed upon the development to ensure that a maximumof 28 bays out of the 50 provided on-site are used for the commercial tenancy.

Local Law - Verandahs Over Streets

Clause 7 and 8 of Local Law - Verandahs Over Streets specify the types of verandahs permitted inthe City and the standard design requirements in terms of height, width and construction detail. Theproposed canopy across the front of the restaurant tenancy does not comply with these



requirements. Clause 15, however, provides the Council with the power to approve verandahs ofspecial design.

COMPLIANCE WITH CITY PLANNING SCHEME:

Multiple dwellings and the gymnasium are discretionary (AA) uses in the General Commercial zone,while an eating house is a permitted (P) use. The proposed development complies with theprovisions of the City Planning Scheme in regard to setbacks, height and total plot ratio. Variationsare being sought for the following:-

Scheme Provision Required ProposedPlot Ratio - Residential Component

Housing Density

1.5:1

30 units (R160)

3.33:1

62 units (R330)

Draft City Planning Scheme:

The subject property is situated within the Town Centre area of the Goderich Precinct (P14). Thisarea is to be consolidated as a node of commercial and community facilities. Generally onlyrestaurants, shops and showrooms will be permitted to front Hay Street with a range of residentialand commercial uses on upper levels or to the rear of sites. Variations to the Residential PlanningCodes will be considered to facilitate residential development. The proposed development would,therefore, comply with the intent of the draft provisions for Goderich Precinct.

COMMENTS:

Public Consultation:

Owners of the adjoining properties have not been notified of the development proposal. The scaleof the proposal is in conformity with that permitted for commercial development in this location and itwas considered that, in such circumstances, the variation to residential requirements would not havea significant impact on the adjoining sites.

Heritage:

The existing buildings on the site are not included in the City’s draft Municipal Inventory of HeritagePlaces. When making preliminary enquiries, the applicants were advised that there were no heritagelistings against the site. Upon receipt of the application a site inspection was undertaken whichrevealed potential heritage issues. The City’s Heritage Advisor subsequently confirmed that the twoformer residences on the site were built circa 1907 and have been identified as part of the MIprocess, yet their documentation has not been completed and consequently they do not appear onthe draft database. The following summarised information has been provided by the HeritageAdvisor:

Physical Evidence



The former residences were both constructed at the same time and comprise two earlytwentieth century two storey detached houses designed in the Federation Queen Anne style.The eastern most house (No 273) has undergone substantial alteration, probably in the 1960s,including the loss of the original street facade. No 277, however, remains substantially asoriginally constructed with only minor alterations. No 277 retains original detailing includingceilings, doors, windows, skirtings etc, whilst there are extensive internal alterations includingsuspended ceilings and internal partitions to No 273.

The houses are located in the section of Hay Street which is characterised by a range ofbuildings including the Perth Mint, an attached pair of early twentieth century houses at No266-268 Hay Street, Stanmore House at No 292 Hay Street and the Carlton Hotel andadjacent Carlton Centre.

Significance

No 277 Hay Street is a good and substantially intact example of a two storey city residenceconstructed in the first decade of the twentieth century at a period of rapid expansion in thecity following the economic boom that resulted from the gold rush. The first owner of thehouse appears to have been Fred Monger MLA, who was prominent in the civic life at theperiod and a member of the pioneering Monger family. Houses of this type are now becomingrare in the City of Perth.

No 273 Hay Street is of lower authenticity and, due to alterations to the front facade, does notmake the same contribution to the streetscape.

Recommendations

No 273 is of low authenticity and whilst its retention should be encouraged, it is recommendedthat approval to demolish would be acceptable in order to ensure the viability of theredevelopment of the site.

It is recommended that every endeavour should be made to ensure the conservation of No 277Hay Street as it is of considerable heritage significance and its loss will detract from thehistoric values of the Hay Street streetscape. It is one of the few remaining substantiallyintact two storey homes of this type at the eastern end of the city and is important to theheritage of the City of Perth as a whole. The building is capable of being integrated and usedfor commercial or residential purposes without loss of significant fabric.”

An objective of the draft Goderich Design Policy is to, wherever feasible, retain buildings of historicvalue within the policy area. Following an inspection of the two buildings on the site, discussionswere held with the applicants to investigate the feasibility of retaining and incorporating the buildingsinto the redevelopment of the site. The applicants agreed to design an alternative development thatretained the building at 277 Hay Street. The revised proposal included a 17 storey building at therear of the site containing 72 apartments. The existing building would be used for a restaurant on theground floor with an apartment on the upper floor. A new three storey apartment building would be



constructed in place of the existing building at 273 Hay Street, maintaining the scale of the existingbuilt form and streetscape character.

The applicants revised their construction costs to reflect the new design, including the refurbishmentcosts for the existing building, the second level of basement parking and the extra fire servicerequirements for the rear tower. They concluded that the financial return for the scheme was notfinancially feasible for the developer and requested that the original application for two nine-storeytowers be pursued.

It is considered desirable to retain the existing buildings due to their local heritage value, asconcluded by the City’s Heritage Advisor, and the draft Goderich Design Policy encouragesvariations to Policy and Scheme standards as an incentive to preserve heritage buildings. It isacknowledged, however, that the buildings are not listed on the draft Municipal Heritage Inventory atpresent and that the applicant was advised of this prior to preparing the development concept for thesite. The applicant has made a serious attempt to incorporate one of the buildings into the newdevelopment, but investigations have confirmed that this is not a feasible option. On this basis, it isaccepted that the buildings may be demolished. The local significance of the buildings should at leastbe preserved through the preparation of an archival record and photographs prior to their demolition.This should be imposed as a condition of planning approval.

Building Height:

The development does not comply with the building height restrictions of the draft Goderich DesignPolicy. The height limit is to ensure that buildings in this area do not compromise the urban quality ofthe street or overpower neighbouring buildings. The development would exceed the height limit by2.5 metres (excluding the lift overrun), or effectively by one storey.

The Guidelines make no provision for the stepping back of portions of the building as grounds forvariations to the height limits, as proposed by the applicant. The top level of the rear tower,however, would not be visible from Hay Street and, therefore, would not impact upon thestreetscape or perceived scale of the development. Considering that the site to the rear of thedevelopment has a plot ratio of 5.0:1 and has had Council approval for the development of a 17storey building, the variation to the height of the rear tower would act as a transition between theGoderich Precinct and development fronting Adelaide Terrace. Therefore, only the height of thefront tower, facing Hay Street, should be modified to comply with the draft Policy.

Plot Ratio:

Clause 126 of the Scheme states that dwellings may be incorporated in a development in the GeneralCommercial zone if the plot ratio of the residential component does not exceed a maximum plot ratioof 1.5:1. The residential component of the proposed development would be 3.33:1.

While this variation is significant, the total development will have a plot ratio of 3.44:1 which is lessthan the maximum plot ratio of 4.0:1 permitted for non-residential development in this location. Ithas previously been accepted by Council that a plot ratio of 1.5:1 for residential buildings is a



disincentive for the development of inner city accommodation. This is reflected in the draft Schemeprovisions where it states that variations to the Residential Planning Codes will be considered tofacilitate residential development.

The Goderich Design Policy states that plot ratio is intended to control building mass that will assist inachieving the land use and built form objectives for the area. A reduction in building height, asdiscussed above would reduce the residential plot ratio to 3:1 (approximately), with the resultingvariation considered acceptable.

Housing Density:

A maximum density of R160 applies to residential development in the General Commercial zone,which would permit a maximum of 30 units on the 1880m2 site. The proposed 62 dwellings isequivalent to R330. As with plot ratio, the variation is significant, however, the number of units doesnot necessarily affect the built form and, therefore, would not have a direct impact upon adjoiningproperties. The draft Scheme recognises the need to vary the R Code provisions to facilitateresidential development in this precinct.

A reduction in the height of the front tower to comply with the Goderich Design Policy, as previouslydiscussed, would result in the potential loss of 2 units, which would still represent a density of R319.Having due regard for these matters it is considered that the variation to the housing density shouldbe supported.

Conclusion:

The proposed development meets the objectives of the General Commercial zone and the draftScheme provisions. Variations to the residential plot ratio and density can generally be supported,however the extent of the variation should not jeopardise the built form objectives of the draftGoderich Design Policy, including the control of building height and mass. To this end, it isrecommended that the application be approved subject to a reduction in height which would reduceplot ratio and density while satisfying the height limits of the policy, thereby reducing the impact of thedevelopment upon the streetscape and adjoining sites.

It was therefore recommended that:-

(i) in accordance with the provisions of the City Planning Scheme and the Metropolitan RegionScheme the Council APPROVES BY AN ABSOLUTE MAJORITY the application for thedevelopment of two residential apartment buildings with restaurant and gymnasium, at Nos.273-277 Hay Street, East Perth as shown on plans dated 2 December 1999 and as indicatedon Metropolitan Region Scheme Form One dated 26 November 1999 subject to:-

(a) the tower facing Hay Street not exceeding a height of 25.5 metres as measured from theexisting footpath level at the centre of the front boundary of the property in order tocomply with the requirements of the draft Goderich Design Policy;



(b) details of the design, colours and finishes for the proposed building, including particularattention to the street elevation of the building, being submitted for approval prior to theissue of the relevant building licence;

(c) a detailed landscaping plan being submitted and approved prior to the issue of therelevant building license;

(d) an archival record being submitted including plans, elevations, sections, a writtendescription and photographs of the exterior and interior of the existing buildings on thesite, including all architectural features, prior to the demolition of the buildings;

(e) the subject lots being amalgamated into one lot on one Certificate of Title;

(f) the proposed tenancy on the ground floor fronting Hay Street is approved as acafé/restaurant. Any change in use to the ground floor tenancy will require a newapplication;

(g) appropriate signage being installed to indicate the entrance and exit to the car park, withdetails of the signage being submitted for approval prior to the issue of the relevantbuilding licence;

(h) a maximum of 28 car bays on-site being allocated for use for the restaurant tenancy inorder to comply with the requirements of the Perth Parking Policy.

(ii) in accordance with Clause 15 of Local Law - Verandahs Over Streets, the CouncilAPPROVES BY AN ABSOLUTE MAJORITY, a verandah of special design.

(iii) the applicant be advised that:-

(a) with regard to the potential for noise and disturbances, inner city living should beconsidered in terms of context of its location. The proximity of existing uses or potentialuses which may impact on the amenity of the residential environment and requirementsof the City and other organisations to provide services on a 24 hours basis, such asrubbish collection and works in the street, need to be taken into account by developers,landowners and potential occupants. The applicant is requested to give consideration toexisting and possible future noise conditions in the vicinity of the subject property whendetailing the design of the proposed development;

(b) the consent of the Minister for Local Government under Section 400 of the LocalGovernment (miscellaneous Provisions) Act 1960 will be required for any encroachmentover the road reserve.



Moved by Cr Goodman, seconded by Cr McEvoy

That:-

(i) in accordance with the provisions of the City Planning Scheme and theMetropolitan Region Scheme the Council APPROVES BY AN ABSOLUTEMAJORITY the application for the development of two residential apartmentbuildings with restaurant and gymnasium, at Nos. 273-277 Hay Street, EastPerth as shown on plans dated 2 December 1999 and as indicated onMetropolitan Region Scheme Form One dated 26 November 1999 subject to:-

(a) details of the design, colours and finishes for the proposed building,including particular attention to the street elevation of the building, beingsubmitted for approval prior to the issue of the relevant building licence;

(b) a detailed landscaping plan being submitted and approved prior to theissue of the relevant building license;

(c) an archival record being submitted including plans, elevations, sections, awritten description and photographs of the exterior and interior of theexisting buildings on the site, including all architectural features, prior tothe demolition of the buildings;

(d) the subject lots being amalgamated into one lot on one Certificate of Title;

(e) the proposed tenancy on the ground floor fronting Hay Street is approvedas a café/restaurant. Any change in use to the ground floor tenancy willrequire a new application;

(f) appropriate signage being installed to indicate the entrance and exit tothe car park, with details of the signage being submitted for approvalprior to the issue of the relevant building licence;

(g) a maximum of 28 car bays on-site being allocated for use for therestaurant tenancy in order to comply with the requirements of the PerthParking Policy;

(ii) in accordance with Clause 15 of Local Law - Verandahs Over Streets, theCouncil APPROVES BY AN ABSOLUTE MAJORITY, a verandah of specialdesign;

(Cont’d)



(iii) the applicant be advised that:-

(a) with regard to the potential for noise and disturbances, inner city livingshould be considered in terms of context of its location. The proximity ofexisting uses or potential uses which may impact on the amenity of theresidential environment and requirements of the City and otherorganisations to provide services on a 24 hours basis, such as rubbishcollection and works in the street, need to be taken into account bydevelopers, landowners and potential occupants. The applicant isrequested to give consideration to existing and possible future noiseconditions in the vicinity of the subject property when detailing the designof the proposed development;

(b) the consent of the Minister for Local Government under Section 400 of theLocal Government (miscellaneous Provisions) Act 1960 will be requiredfor any encroachment over the road reserve.

Discussion ensued

The motion was put and carried by an absolute majority

89/00 357-363 (LOT 14) MURRAY STREET, PERTH - CANOPYADDITION AND OUTDOOR SEATING

BACKGROUND:

SUBURB/LOCATION: South side of Murray Street, between King Street and Milligan Street,Perth

DA/BA REFERENCE: 99/0582FILE REFERENCE: P1008513RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 2 February 2000

LANDOWNER: Ministry of Culture & ArtsAPPLICANT: Palassis ArchitectsZONING: (MRS Zone) Central City Area

(City Planning Scheme Zone) Shopping CSAPPROXIMATE COST: $50,000SITE HISTORY: Munster House was constructed in 1912, with additions and alterations

undertaken through to 1929, with additional modifications in 1947 and



1977. In 1996 the property was purchased by the State Governmentfor conversion into a centre for arts organisations to be known as theKing Street Arts Centre.

The site is included within the King Street Precinct which is included onthe Register of the National Estate and has been given statutoryprotection under the City Planning Scheme. The building is classifiedby the National Trust and has been listed on the Council’s draftMunicipal Heritage Inventory. A Conservation Management Plan hasbeen prepared for the site.

DETAILS:

It is proposed to construct a canopy across the front of the building to provide shade for the shopsand galleries of the King Street Arts Centre and to shelter the entrance to the arcade. The canopywould be in two sections, a rectangular canopy (16m x 3m) at a height of 3.52m and an overlappingcircular canopy (5.7m diameter) at a height of 4.5m above the footpath. The applicant has advisedthat the canopy will be supported from the wall, rather than from the columns, which are onlydecorative. The materials would be similar to those already in use in the precinct, being exposedsteel and fabric infill. Stool and bench seating is proposed under the circular canopy to be used asstreet furniture, café seating and art. Existing street furniture is to be removed or relocated.Additional alfresco seating and safety barriers for the Gecko Café is also indicated on the plan butdoes not form part of this application.

POLICY/LEGISLATION:

King Street Heritage Precinct Guidelines

The Guidelines for this Precinct state that buildings in the Precinct that face Murray Street havetraditionally been orientated towards retailing and, therefore, have tended to have verandahs. Therestoration or reinstatement of verandahs is encouraged where appropriate. Drawings of the buildingfrom 1929, contained in the Conservation Management Plan, indicate that the Murray Streetfrontage did have a cantilevered verandah/awning at that time.

The Guidelines also designate areas where alfresco dining and street furniture is to be contained. Theproposed seating would generally comply with these requirements.

Local Law - Verandahs Over Streets.

Clause 7 and 8 of Local Law relating to Verandahs Over Streets specify the types of verandahspermitted in the City and the standard design requirements in terms of height, width and constructiondetail. The proposed canopy does not comply with these requirements, as a portion of the canopywill be of a circular design and will not be of uniform height or width. Clause 15, however, providesCouncil with the power to approve verandahs of special design.



COMPLIANCE:

The King Street Arts Centre (Munster House) is listed in the Fifth Schedule of the Scheme as aplace of architectural and historic significance. Under Clause 46 of the Scheme Council’s planningapproval must be obtained prior to any alteration or modification being undertaken.

The addition of a canopy complies with the City Planning Scheme.

COMMENTS:

Street Furniture

The footpath adjacent to the Arts Centre currently contains a variety of street furniture, includingbicycle rails and four planters, in addition to street parking signs, a street lighting pole, a utilities boxand a sign for the Arts Centre. The bicycle rails and planters will have to be relocated at theapplicant’s cost, in consultation with Council, with all paving made good. The design of the canopymust ensure that the light pole, street trees and parking signs are avoided. The applicant proposes totransform the utilities box into a sculpture podium or to be painted as a public art project. The signwill be relocated 750mm closer to the building to make way for the proposed stools and benchseating. A 4m wide pedestrian clearway will be maintained.

Canopy Design

The applicant has consulted Council’s Urban Development Unit in the development of the design ofthe canopy. While the design of the canopy is generally supported it is suggested that the column onthe western end of the canopy, closest to the building, be deleted from the design as it would clutterthe footpath, impeding pedestrian movement. The decorative column serves no structural purpose.The seating is considered to be acceptable, provided it is not used as additional alfresco dining spacein association with the Grecko Café without separate approval being obtained for the use.

Heritage Advice

The building appears on the data base of the Heritage Council of WA, but is not a registeredbuilding. The applicant obtained written advice from the Heritage Council confirming that they haveno objection to the proposed canopy addition.

Conclusion

Subject to the deletion of a column and the suitable relocation or protection of existing streetfurniture, the canopy can be supported as a contemporary addition to a significant heritage building.The seating for the café does not form part of this application and will require modification to theexisting alfresco licensed area. Approval for the design of the canopy requires an absolute majoritydecision of the Council, in accordance with Local Law - Verandahs Over Streets.

Moved by Cr McEvoy, seconded by Cr Sutherland



That:-

(i) in accordance with the provisions of the City Planning Scheme and theMetropolitan Region Scheme the Council approves the application for canopyadditions and street furniture at 357-363 (Lot 14) Murray Street, Perth, asshown on the plans and elevations dated 29 December 1999 and as indicated onMetropolitan Region Scheme Form One dated 23 December 1999 subject tothe:-

(a) bicycle rails and street planters to be relocated and the pavement made

good, to the satisfaction of the City, at the applicant’s cost;

(b) width of the canopy being limited so that the structure avoids theexisting street trees and street light poles;

(c) western column, closest to the building, being deleted;

(d) stools and bench beneath the canopy not being used as additionalalfresco seating for any eating house on the premises, without the priorapproval of Council;

(e) safety barriers and outdoor café seating not being included in this

approval;

(f) modification to the public utilities box not being included in thisapproval. The applicant shall liase with the relevant servicingauthorities prior to painting or undertaking any modification to thestructure;

(ii) in accordance with Clause 15 of Local Law - Verandahs Over Streets, theCouncil APPROVES BY AN ABSOLUTE MAJORITY, a verandah of specialdesign.




90/00 CROWN RESERVE 34142 SUMMERS STREET, EASTPERTH - PROPOSED ROAD COACH WASH FACILITY ANDDEPOT

BACKGROUND:

SUBURB/LOCATION: Corner of Summers Street and West Parade, East PerthDA/BA REFERENCE: 99/0579FILE REFERENCE: P10116623.12RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 17 January 2000

LANDOWNER: WestrailAPPLICANT: Gutteridge Haskins and Davey Pty LtdZONING: The subject property is located within the Redevelopment Area of the

East Perth Redevelopment Authority and, therefore, is not zoned underthe City Planning Scheme.

APPROXIMATE COST: $400,000SITE HISTORY: The site is currently used as an open car park.

On 14 April 1999, the East Perth Redevelopment Authority referredthe Road Coach Wash Facility to the City for comment. The Cityunder delegated authority advised the EPRA that it had no objectionsto the proposal subject to the existing mature trees being retained.

On 9 June 1999, EPRA approved the road coach wash facility.

On 5 August 1999, EPRA referred the application back to the City asthe applicant requested reconsideration of a condition relating to theundergrounding of the fuel tank. The City under delegated authorityadvised EPRA that it had no objections to the modified proposal.

EPRA deferred the application to enable further discussions with theapplicant, which has produced the current revised application.

To the north of the subject site is the East Perth Terminal, to the northand north-west of the site are dwellings, to the south-west of the site isa bakery and to the east of the site is the railway line.

This item was deferred at the Council meeting held on 8 February 2000.



DETAILS:

Westrail has approached the East Perth Redevelopment Authority with a proposal to relocate its busparking facility (depot) from the existing Metrobus site in Hay Street to an area of the RailwayReserve adjacent to Cheriton Street, East Perth.

The proposed development involves a service/wash bay and fuel point located in an existing opencar park adjacent to the East Perth Railway Platform. The service wash bay will occupy the easternportion of the open car park, with the western portion remaining a car park. The proposeddevelopment also involves a bus parking area located to the south of the open car park. Access tothe site will be via the existing road adjacent to the railway platform.

The proposed development has been designed to retain as many mature trees as possible within thecar park, and also proposes additional landscaping to screen the facility.

The hours of operation of the wash bay and service bay are:

Monday Tuesday Wednesday Thursday Friday Saturday SundayStart 0630 0630 0630 0630 0630 1200 1800Finish 2130 2130 2130 2130 2130 1930 2330

The hours of operation of the bus parking are:

Monday Tuesday Wednesday Thursday Friday Saturday SundayStart 0645 0730 0730 0730 0730 0800 0800Finish 2100 2100 2100 2105 2350 1735 2330

In support of the application the applicant has advised that the proposal has received approval fromthe Department of Environmental Protection, the Waters and Rivers Commission, the Swan RiverTrust and the Department of Minerals and Energy.

The applicant has also advised that:-

• fuel deliveries are anticipated to be only once every ten days;• sewerage waste from the buses will be hygienically removed in a piped system to a fully sealed

pipe system and pumped into a local sewer system ; and• security and lighting and CCTV cameras will be installed to the building and bus parking areas.

COMPLIANCE:

The City Planning Scheme does not apply to this area as it is located within the East PerthRedevelopment Authority area. Under the provisions of the East Perth Redevelopment Act theCouncil is given the opportunity to comment on the proposal.



COMMENTS:

The proposed development is located within Precinct 16 of the East Perth Redevelopment Scheme.Precinct 16 is a transport precinct.


The East Perth Redevelopment Authority (EPRA) has required Westrail to undertake PublicConsultation with respect to the proposed development in order to take any concerns raised by thesubmissions into account in finalising the proposed plans. EPRA has advised the City that a numberof submissions have been received. EPRA is currently assessing the submissions made during thepublic consultation period.

Hours of operation:

The applicant has submitted hours of operation with the proposed development. The hours ofoperation are quite extensive and include Saturday and Sunday nights. It is considered that, giventhat there are a small number of residential dwellings within the locality (two dwellings directlyadjacent to the site), that the hours of operation should be restricted to reduce any potential loss ofamenity. It is considered that the following hours should be implemented, Monday to Friday 0630-2130 and Saturday and Sunday 0800-1700.

Noise/Amenity:

In support of the application, the applicant has advised that by locating the depot and washing facilityadjacent to the terminal there will be a decrease in the amount of bus traffic along Summers Street.Furthermore the applicant has advised that the washing facility is by hand and not by machine.

It is considered that the proposed development is unlikely to have any further impact by way of noiseas the washing is by hand and the service area is located within a masonry building. Furthermore it isunlikely that the proposed development will exceed the noise levels associated with traffic alongSummers Street, the bakery and the railway line. The nearest dwelling is 50 metres from the servicearea.

The development proposes significant retention of the mature trees surrounding the site and proposessignificant landscape screening. It is considered that the location of the proposed landscaping willadequately screen the proposed development and is unlikely to have a negative visual impact to theneighbouring dwellings. Further details of the landscape screening will be required to be submittedand approved prior to the issue of a building licence.

The applicant has advised the City that the disposal of waste water from the coaches will be inaccordance with Environmental and Health requirements. EPRA will need to be advised that thedisposal of waste water relates to the cleaning of the buses as well as the waste water from thebuses. Further details will need to be submitted to ensure that all waste and waste water will bedisposed of in an approved way.



Bus Parking Area:

The bus parking area has provision for the parking of 16 buses. The bus parking bays measure 15metres long by 4 metres wide. The site where the buses are parked is 42 metres wide at thenorthern end and 32 metres wide at the southern end. It is not considered that the southern end ofthe site provides enough manoeuvring room for the buses to exit the bays. EPRA will need to beadvised that the parking area is to comply with the relevant Australian Standard with respect to baydimensions and manoeuvring room.

Access:

The drawings indicate that the access to the service area and parking area is via the bitumen accessroad adjacent to the East Perth Terminal Railway Platform. While the applicant has indicated thatthe primary site access will be via the bitumen access road adjacent to the East Perth TerminalRailway Platform, another access is located to the west of the open car park. Given that bothaccesses have the potential to be used and that the location of the second access is adjacent todwellings it is considered appropriate to condition the advice so that the bitumen access to the westof the car park is not used as part of the access from or to the service area or the parking area.

Conclusion:

It is recommended that the application be referred to the East Perth Redevelopment Authority withadvice that there are no objections to the proposal subject to the conditions outlined above, fencingdetails and the submission of a schedule of materials, colours and finishes for the proposeddevelopment.

It was therefore recommended that the Council refers the application submitted by GutteridgeHaskins & Davey Pty Ltd for a road coach wash facility at Crown reserve 34142 Summers Street,East Perth, as shown on the plan dated 29 December 1999, to the East Perth RedevelopmentAuthority with advice that it has no objection to the proposed development, subject to:-

(i) details of the proposed landscaping including details of the landscape screening, beingsubmitted for approval prior to the issue of the relevant building licence;

(ii) the hours of operation being limited to 0630 - 2130 Monday to Friday, 0800 - 1700 Saturdayand 0800 - 1700 Sunday;

(iii) details of the design and finishes for the proposed building being submitted for approval priorto the issue of the relevant building licence;

(iv) vehicle access between the terminal, the wash/service area and the parking area being limitedto the bitumen access way adjacent to the railway platform. The bitumen road located to thewest of the carpark shall not be used for access to the site;



(v) the bus parking area complying with the relevant Australian Standard with respect to baydimensions and manoeuvring space;

(vi) details of the proposed fencing being submitted for approval prior to the issue of the relevantbuilding licence;

(vii) details of the proposed method of disposing of waste water from the service area to besubmitted for approval prior to the issue of the relevant building licence.

Moved by Cr Goodman, seconded by Cr MacGill

That the Council refers the application submitted by Gutteridge Haskins & Davey PtyLtd for a road coach wash facility at Crown reserve 34142 Summers Street, EastPerth, as shown on the plan dated 29 December 1999, to the East PerthRedevelopment Authority with advice that it has no objection to the proposeddevelopment, subject to:-

(i) details of the proposed landscaping including details of the landscapescreening, being submitted for approval prior to the issue of the relevantbuilding licence;

(ii) the hours of operation being limited to 0630 - 2130 Monday to Friday, 0800 -1700 Saturday and 0800 - 1700 Sunday;

(iii) details of the design and finishes for the proposed building being submitted forapproval prior to the issue of the relevant building licence;

(iv) vehicle access between the terminal, the wash/service area and the parkingarea being limited to the bitumen access way adjacent to the railway platform.The bitumen road located to the west of the carpark shall not be used for accessto the site;

(v) the bus parking area complying with the relevant Australian Standard withrespect to bay dimensions and manoeuvring space;

(vi) details of the proposed fencing being submitted for approval prior to the issueof the relevant building licence;

(vii) details of the proposed method of disposing of waste water from the servicearea to be submitted for approval prior to the issue of the relevant buildinglicence.

(Cont’d)



(viii) the proposed service and wash bay buildings being relocated to the eastern endof the site, between Cheriton and Caversham Streets, and the area betweenSummers and Cheriton Streets being landscaped and maintained as publicopen space.

Discussion ensued

Motion to defer

Moved by Cr Sutherland, seconded by Cr Tudori

That the item relating to Crown Reserve 34142 Summers Street, East Perth -Proposed Road Coach Wash Facility and Depot, be deferred.

The motion to defer was put and carried

91/00 573 WELLINGTON STREET, PERTH - ALTERATIONS TOPREVIOUS APPROVAL FOR THE REFURBISHMENT ANDADDITIONS TO TWO EXISTING BUILDINGS TOACCOMMODATE 33 DWELLINGS AND GROUND FLOORRETAIL FLOOR SPACE

BACKGROUND:

SUBURB/LOCATION: Wellington and King StreetsDA/BA REFERENCE: 00/0024FILE REFERENCE: P1012170RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 31 January 2000

LANDOWNER: Crosscity Enterprises Pty LtdAPPLICANT: Lawrence J Scanlan & Associates Pty LtdZONING: (MRS Zone) - Central City Area

(City Planning Scheme Zone) - Shopping CSAPPROXIMATE COST: $400,000SITE HISTORY: The subject site is occupied by two buildings known as the ‘GR Wills

Buildings’. The building fronting King Street is a six storeycontemporary office building, whilst the building fronting WellingtonStreet which is listed in the City of Perth Draft Municipal HeritageInventory, is a six storey early post modernist style building.

The Council at its meeting held on 13 October 1998 granted approval



for the refurbishment of the existing buildings on the subject site for useas 33 apartments. A building licence has been issued for thedevelopment.

DETAILS:

Approval is sought for alterations to the previous approval of the refurbishment and additions to thetwo existing buildings on the subject site to accommodate 33 dwellings.

The changes from the previous approval include, locating the King Street ground floor parking areainto the basement, providing for retail floor space to the King Street ground floor frontage, amezzanine level to unit 29 on the fourth floor and minor alterations to the northern and southernfacade at penthouse level.

POLICY/LEGISLATION:

King Street Heritage Precinct Design Guidelines:

The King Street Heritage Precinct Design Guidelines are aimed at conserving, enhancing andpromoting the distinctive, unified, historic fabric and character of the King Street Precinct whilstassisting in establishing harmonious and dynamic developments within the area. The proposedalterations to the previous planning approval are generally in accordance with the King StreetHeritage Precinct Design Guidelines.

COMPLIANCE:

The alterations to the previous approval complies with the density, height, parking and heritageprovisions of the previous Council decision and the provisions of the City Planning Scheme, with theexception of the following requirement:-

Permitted Proposed

Plot Ratio (Residential) 1.5:1 (2101 square 3.48:1 (4877metres) square metres);

DRAFT CITY PLANNING SCHEME:

The subject site falls within the City Centre area of the Citiplace Precinct (P.5). The alterationscomply with the objectives of the Citiplace Precinct, which encourages inner city residentialdevelopment.



COMMENTS:

Multiple dwellings within the Shopping CS Zone are an ‘AA’ use and as such the Council is requiredto exercise discretion. The proposal involves the refurbishment and conversion of two existingbuildings, one of which is of heritage significance into residential apartments.

Plot Ratio:

A plot ratio of 1.5:1 (2101 square metres) is permitted, a plot ratio of 3.48:1 (4723 square metres)is proposed. The Council at its meeting on 13 October 1998, in approving the previous residentialdevelopment on the subject site, exercised discretion by approving a plot ratio of 3.37:1. Theadditional plot ratio from that previously approved is 154 square metres. The City Planning Schemeallows for a maximum plot ratio of 5.0:1 for commercial development on the subject site however,residential development is restricted to a maximum plot ratio of 1.5:1 in accordance with theResidential Planning Codes (R. Codes).

Within the inner city, the requirements of the Residential Planning Codes are not suited and have theeffect of penalising a developer should they choose to develop residential as opposed to commercialuses. The proposal does not result in the overdevelopment of the site and will not adversely affect theamenity of future residents of the dwellings or the immediate locality, and accordingly, a furtherminor relaxation of the maximum residential plot ratio permitted is supported.

Parking:

While there is no requirement under the City Planning Scheme to provide parking in the Central CityArea there is a maximum allowance permitted. The proposed alterations provide for a total of 29(22 previously approved) bays which exceeds the allowance by 1 bay, yet is closer to providing onebay per apartment which has been accepted by the Council for other residential developments in theCity.

Conclusion:

The proposed alterations to the previously approved development are minor in nature and involveincreasing the residential plot ratio by 158 square metres and including retail uses on the groundfloor. It is recommended that the application be approved as the proposed alterations providesignificant improvements to King Street by providing retail floor space rather than parking on theground floor which will improve the amenity of the area and will increase pedestrian activity alongKing Street. An absolute majority decision of the Council is required due to the non-compliance withthe plot ratio provision of the City Planning Scheme.

Moved by Cr McEvoy, seconded by Cr Stroud

That in accordance with the provisions of the City Planning Scheme and theMetropolitan Region Scheme the Council APPROVES BY AN ABSOLUTE



MAJORITY the application submitted by Lawrence J. Scanlan & Associates Pty Ltdfor the refurbishment and additions to two existing warehouse buildings toaccommodate 33 dwellings at Lots V26 and V27 (No. 573) Wellington Street, Perth(‘G.R. Wills Buildings’) as shown on plans dated 21 January 2000 and as detailed onMetropolitan Region Scheme Form One dated 19 January 2000, subject to:-

(Cont’d)

(i) compliance with the conditions of the original planning approval dated 19October 1998;

(ii) the submission of a detailed schedule of materials, finishes and colours for theground floor King Street facade complementing the character of the KingStreet Heritage Precinct prior to the issue of a building licence.


92/00 850 (LOT 1) WELLINGTON STREET, PERTH - 48MULTIPLE DWELLINGS

BACKGROUND:

SUBURB/LOCATION: North-west corner of Sutherland Street and Wellington StreetDA/BA REFERENCE: 99/0306FILE REFERENCE: P1013611RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 21 January 2000

LANDOWNER: Phoenix Properties International LtdAPPLICANT: SS Chang ArchitectsZONING: (MRS Zone) - Urban

(City Planning Scheme Zone) - General Commercial C3APPROXIMATE COST: $4.8 millionSITE HISTORY: The subject property comprises the western sector of the former

Metropolitan Markets site. The site is situated between WellingtonStreet, Sutherland Street and Harold Boas Gardens.

The subject property has a land area of 1.392 hectares, currentlyconsists of one lot and is vacant.

The Council at its meeting held on 9 September 1997 approved an



office/commercial development on the subject site.

DETAILS:

The proposal involves the development of 48 multiple dwellings, which forms stage one of a fourstage development. The total number of dwellings proposed for the whole site is 247 dwellings. Theapplicant is only seeking approval for stage one, but has submitted a site plan indicating how theother three stages could be developed.

Stage one involves 33 three bedroom dwellings and 15 two bedroom dwellings located in four, threeand four storey, buildings. The buildings are designed in a U shape with a landscaped pool area inthe middle.

Access to the site will be by an internal 6 metre wide driveway from Delhi Street. It is proposed thatthe access driveway will run from Delhi Street to Wellington Street at the completion of all fourstages, but will only be partially constructed to service stage one. Car parking for 48 vehicles isprovided on site with 18 located at ground level under carports and 30 at ground level under thebuilding fronting Sutherland Street.

POLICY:

Metropolitan Markets Street Block - Planning and Development Guidelines

The Metropolitan Markets Street Block Guidelines were adopted by the Council on 16 February1987. The Policy re-iterates the provisions of the City Planning Scheme and provides additionalguidelines with regard to matters such as building height, landscaping and car parking. Stage 1satisfactorily complies with the Policy, however, the applicant should be advised that Stages 2, 3 and4 need to be modified to take into account the principles of the Metropolitan Markets Street BlockGuidelines.

COMPLIANCE:

The proposal complies with the plot ratio, dwelling density and landscaping requirements of the CityPlanning Scheme and Residential Planning Codes (R-Codes), however, the proposal does notcomply with the following requirements of the Scheme and R-Codes:

Requirement Required ProposedSetbacksEastern (front) 9-10 Metres 4.5 metresNorthern (side) 8-9 metres 3 metresParking 82 48

Draft City Planning Scheme:

The subject property is located within the Residential/Commercial Area of the West Perth (No. 10)Precinct. Compliance with the draft Scheme requirements is as per the current Scheme as outlinedabove, with the exception that plot ratio, open space and setbacks may be varied.



COMMENTS:


Adjoining property landowners and occupiers to the north of the subject site were invited tocomment on the plans submitted. One submissions was received from an adjacent landownerobjecting to the reduced northern boundary setback as the reduced setback will cause crowding,noise and the possibility of creating a future ‘slum’ type environment. The issues raised in thesubmission are addressed in the comments below.

Setbacks:

The Sutherland Street setback does not comply with the Residential Planning Codes as a setback of9 metres would be required, however, it does comply with the Policy requirement of 4.5 metres.There were no public submissions received objecting to this variation.

The northern side setback does not comply with the Residential Planning Codes as a setback of 3meters is proposed where a setback of 8-9 metres would be required. While the R-Codes require asetback of 8-9 metres, a commercial development on the property could be built to the boundary.

Objections were received regarding the reduced setback to the northern boundary from the adjacentdevelopment which has a nil setback to a single storey parapet wall and then a 2.5 metre setback tothe apartments.

It is considered that the reduced setback is acceptable as the proposed development does notinclude balconies to the rear, will not overshadow the adjacent development, is equitable in terms ofapplying the same standards to both developments and provides for a separation between thebuildings of 5.5 metres which is generally considered acceptable for inner city residentialdevelopments.

Car Parking:

A total of 82 car parking bays are required under the City Planning Scheme for use of the subjectproperty for multiple dwellings. A parking shortfall exists as only 48 bays are proposed to beprovided on site.

The proposed shortfall in car parking is considered acceptable as the proposed developmentprovides for one bay per dwelling and five visitor parking bays which is in line with previous Councildecisions for residential developments in the Central City Area. Although the subject property islocated within the Suburban Area of the City Planning Scheme the complex will appear and operateas a central city development.

Staged Development:



The applicant has submitted a concept of the overall development but is only seeking approval forstage one. A requirement of the Metropolitan Markets Street Block Guidelines is that any stageddevelopment should be aesthetically and physically complete in itself. Consequently a condition willneed to be imposed to ensure that stage one, when built is physically complete prior to theoccupation of the dwellings.

While this application is for stage one and therefore must be assessed on its own merits, the conceptfor the remainder of the lot raises several issues which the applicant should address when submittingfor approval for the other stages. The applicant should be advised that a traffic impact statement anda wind analysis should be prepared. Furthermore the applicant should incorporate the principles ofthe Metropolitan Markets Street Block Guidelines relating to front setbacks, pedestrian links andlandscaping.

Conclusion:

It is recommended that this application be approved as it will lead to the development of a site whichhas been vacant for a number of years and will increase the number of residential apartments withinthe inner city. Approval requires an absolute majority decision as the applicant seeks variations,under Clause 48 of the City Planning Scheme, to setbacks and parking requirements

Moved by Cr Stroud, seconded by Cr McEvoy

That:-

(i) in accordance with the provisions of the City Planning Scheme and theMetropolitan Region Scheme the Council APPROVES BY AN ABSOLUTEMAJORITY the application for stage 1 submitted by SS Chang Architects forthe development of 48 multiple dwellings at 850 (Lot 1) Wellington Street, WestPerth as shown on the plans dated 7 January 2000 and as indicated onMetropolitan Region Scheme Form One dated 22 December 1999 subject to:-

(a) additional details of the design and finishes for the proposed building,including particular attention to the street elevation of the building, beingsubmitted prior to the issue of the relevant building licence;

(b) a detailed landscaping plan being submitted and approved prior to theissue of the relevant building licence;

(c) the fencing along the street frontage of the property being designed in anopen style, with any solid component of the wall being restricted to aheight of 0.5 metres, and details of the street frontage fencing beingsubmitted for approval prior to the issue of the relevant building license;



(d) the driveway being constructed to the western end of the stage 1 accessdriveway;

(e) the five car parking bays and landscaping to the north of the proposeddriveway from Delhi Street being constructed during stage 1 of thedevelopment;

(Cont’d)

(f) the proposed development, being stage 1 of a four stage development,being physically complete in itself, including fencing, landscaping and thedriveway prior to the occupation of the dwellings and the commencementof stage 2.

(ii) the applicant being advised that:-

(a) with regard to the potential for noise and disturbances, inner city livingshould be considered in terms of context of its location. The proximity ofexisting uses or potential uses which may impact on the amenity of theresidential environment and requirements of the City and otherorganisations to provide services on a 24 hours basis, such as rubbishcollection and works in the street, need to be taken into account bydevelopers, landowners and potential occupants;

(b) there is insufficient on street parking available within the locality toenable the issuing of any residential or visitor parking permits to theoccupants of the proposed development. Accordingly, potential occupantsneed to be made aware that residential or visitor parking permits for on-street parking will not be available for residents or visitors and that, inview of the non-provision of parking bays on site, alternativearrangements will need to be made;

(c) the Council will need to be furnished with written confirmation that

potential occupants of the proposed development will be notified of (a) and(b) above. Further, the applicant is requested to give consideration toexisting and possible future noise conditions in the vicinity of the subjectproperty when detailing the design of the proposed development;

(d) stages 2, 3 and 4 of the proposed development should take into account theprinciples of the Metropolitan Markets Street Block Guidelines includingsetbacks from Wellington Street and pedestrian links from Harold BoasGardens to Sutherland Street;



(e) a traffic impact study and a wind impact study should be undertaken priorto submitting stages 2,3 and 4 for approval.

Discussion ensued


93/00 BENNETT STREET, EAST PERTH - PROPOSEDKERBSIDE PARKING CHANGE

BACKGROUND:

SUBURB/LOCATION: East Perth/ Bennett StreetDA/BA REFERENCE: -FILE REFERENCE: P1001589RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 7 February 2000

POLICY/LEGISLATION/STRATEGIC PLAN:

Perth Parking Management Act 1999.

DETAILS:

A request has been received from a business in Bennett Street for changing the existing loading zonein front of the business to 15 minute parking. This section of Bennett Street, between Hay andGoderich Streets, is made up of residential, restaurant, office and commercial establishments.Currently two hour parking bays and a loading zone is located along this section of the street. Thereis no short term parking.

FINANCIAL IMPLICATIONS:

Changing the status of a bay from loading zone to a 15 minute no charge ‘pick up and set downstand’ will have financial implications on the City.

Operating Expenditure:-

1. Under the Perth Parking Management Act 1999, a $70 license fee per bay is to be paid toTransport. This is regardless of whether a parking bay is income producing or not. Thelicense fee for this one bay is $70.



2. The annual operational costs of maintenance, mainly bay marking is estimated at $20 per bay.There are signage costs of $150 on a one off basis.

Capital Expenditure: There are no capital costs.

Income: There is no income arising from this change.

ACCOUNT NO: 09 061 000 9014BUDGET ITEM: Kerbside License FeesBUDGETED AMOUNT: $188,790AMOUNT SPENT TO DATE: $124,833ACTUAL COST: $70BALANCE: $63,887

ACCOUNT NO: 09 061 000 9018BUDGET ITEM: Kerbside ParkingBUDGETED AMOUNT: $172,488AMOUNT SPENT TO DATE: $111,216ACTUAL COST: $170BALANCE: $61,102

COMMENTS:

The loading zone is not well utilised. The Carlton Centre located on the corner of Hay and BennettStreets is serviced from its car park and a loading zone on Hay Street. Businesses in the vicinity ofthe loading zone were contacted and with the exception of one, had no objection to converting thebay to a pick up and set down stand. The concern expressed by the business was that commercialvehicles which utilise this bay when the loading zone in Hay Street is occupied would have no whereelse to park. This should not be a problem since commercial vehicles can utilise pick up and setdown bays.

Establishment of the pick up and set down stand would result in efficient use of this parking space.The 15 minute limit will ensure a reasonable turnover. This would enable all motorists to use the bay,including commercial vehicles. It is therefore recommended that the proposed parking change beapproved.

Moved by Cr Goodman, seconded by Cr MacGill

That the Council approves the establishment of a 15 minute pick up and set downstand on the western side of Bennett Street 47.8 metres north of Hay Street andextending 9 metres northwards in lieu of the existing Loading Zone as shown onDrawing No. P6445.02B.

Discussion ensued




94/00 ALFRESCO DINING LOCAL LAW, POLICY AND FEESCHEDULE

BACKGROUND:

SUBURB/LOCATION: PerthDA/BA REFERENCE:FILE REFERENCE: P1002146-3RESPONSIBLE DIRECTOR: Charlotte Stockwell, Director StrategyDATE: 28 January 2000

The term ‘alfresco dining’ is used to describe outdoor eating and drinking areas that are located onroad reserves, or on other Council controlled land. The draft Alfresco Local Law and Policy havenow been legally drafted and are attached as Schedule No. 1. They outline the detailedrequirements for the establishment, regulation and control of alfresco dining areas in the City of Perth.If approved, the Council, should undertake the procedure for making a new local law, in accordancewith the Local Government Act 1995.

This report provides some background to these documents as well as a summary of the keydifferences between the proposed and existing Local Laws and Policies.

The Fee Schedule which is also attached, however it is not part of the policy due to the need forperiodic updating of the fees. The Fee Schedule proposes four fee zones ranging from $50 m2/pa toa maximum of $100/m2/pa (plus GST), and to be staggered in over a three year period. The Citiesof Subiaco and Melville are currently charging $100/m2/per annum.

The review of the Alfresco Dining Policy has been underway for several years. The draft AlfrescoDining Local Law and Policy will replace an existing Local Law and consolidate four existing policiesrelating to alfresco dining areas in a draft alfresco dining policy for the City of Perth.

A draft Alfresco Dining Policy Document was prepared by the City and presented to the ElectedMembers at the Briefing Session on 17 August 1999. It was subsequently requested that legaldrafting of the Local Law and Policy be undertaken, prior to being formally considered foradvertisement. It was indicated that a short report outlining the major changes in the draft policyfrom the current situation would be desirable because of the size and complexity of the document.

Research for Policy Development

Extensive research has been undertaken in the policy development process including:



• an analysis of alfresco policies, practices and procedures in other local authorities, including statecapital cities, as well as Fremantle, Subiaco, Nedlands and Melville;

• a survey and follow up interviews with alfresco dining operators regarding issues and needs;• discussions with outside agencies including the Liquor Licensing, WA Police Service and

Municipal Insurance Brokers;• a series of issues workshops and progress reports to Briefing sessions. Two workshop sessions

were held to assist policy direction and three papers were developed on the fees;• circulation to all Directors and Managers with comments incorporated into the draft.


This Local Law and Policy will encourage high quality al fresco dining to enhance the amenity andvitality of the City, commensurate with the vision of the City of Perth Strategic Plan, 1998-2002

“that the City of Perth be widely acclaimed as a City of regional andinternational significance”

Also that:“The City is known as the capital and a showcase for Western Australia”;“Perth is renowned as a clean, friendly City offering a highly acclaimed quality of life”.

Currently al fresco dining is managed and regulated by the City of Perth Eating Areas Local Law andfour policies on al fresco dining as follows: -

• Policy No. SU16 Alfresco Dining - Location of (adopted 1989);• Policy No. SU17 Alfresco Dining Applications - City of Perth Eating Areas Local Law (adopted

1990);• Policy No. SU18 Alfresco Dining Areas - Citiplace (adopted 1990);• Policy No. SU19 King Street Heritage Precinct Design Guidelines - Supplementary Notes on

Alfresco Dining Citiplace (adopted 1994).

DETAILS:

A) Alfresco Dining Local Law

The draft Local Law provides the regulatory and enforcement provisions (requirements regardinglicence approvals and provisions, offences and penalties) to enable implementation of the proposedpolicy. It is based on the Local Law Relating to Eating Areas published in the Government Gazetteon 28 February 1986.

The most significant difference between the existing Local Law and the draft Local Law is theinclusion of a power to introduce a policy. This provides a legal linkages between the local law andthe policy to ensure that any application will be subject to the provisions of the policy. This will alsoprovide greater flexibility for the City as it is easier to amend a policy than a local law.



B) Alfresco Dining Policy

The objectives of the Alfresco Dining Policy are to -1. encourage high quality alfresco dining to enhance the amenity, vitality and ambience of the City;2. provide a comprehensive framework for the development, management and control of alfresco

dining; and3. ensure that alfresco dining does not interfere with the safe and reasonable movement of pedestrian

and vehicular traffic.

The draft Alfresco Dining Policy provisions include -• application for a licence, matters in determination of a licence and standard conditions that may be

imposed on the licensee;• locational requirements for an alfresco area;• alfresco dining furniture requirements including quality, design, number of chairs and placement of

furniture, appropriate types of furniture and advertising;• operating requirements including hours of operation, storage, removal and maintenance of

furniture, table service, and cleanliness and hygiene;• fees for the licence application and use of public space, however the schedule of fees is not

specified in the policy and is attached separately;• alfresco dining licence application and transfer of licence forms.

Significant changes between the existing and proposed (draft) alfresco dining policies

The draft Alfresco Dining Policy -

1. will apply comprehensively throughout the City of Perth and will replace four existing policies.Alfresco dining currently operating under lease arrangements will also changed to the licensingsystem;

2. specifies detailed requirements for the location, design and standard of alfresco areas toencourage high quality alfresco dining areas in the city. For instance, alfresco dining in the majorityof streets will be located adjacent to the kerb and not adjacent to the building line. The City maynot approve an alfresco dining area where pedestrian or vehicular access or safety may becompromised or where it creates the perception of privatising the public space. Guidelines onalfresco dining furniture are provided;

3. encourages improved delineation of alfresco areas. The City will mark out the borders of eachlicensed alfresco area and will encourage use of attractive planters or low screens to delineatealfresco dining areas. The City will also provide and require display of window sticker withlicence details;

4. will no longer require purchase of a substantial meal in order to consume alcohol in the alfrescoarea of hotels and taverns. However the Council will consider amenity and safety issues in thelocal area in considering the suitability of an al fresco area outside hotels and taverns. It is not theintention of the City to approve alfresco areas associated with hotels and taverns where this couldcreate problems associated with excessive alcohol consumption or antisocial behaviour;

5. will provide for some advertising on alfresco dining umbrellas, however the advertising can onlyrelate to the premises or the goods sold within it. On all other street furniture advertising is limited



to the name or logo of the alfresco premises, with a maximum coverage of 10% of any item offurniture;

6. will not approve screens more than one metre in height around an alfresco area of because of thevisual impact on the street and the perceived privatisation of the public domain. Roll downscreens from umbrellas will not be permitted;

7. will require regular steam cleaning of the footpath in the alfresco area, at least once a fortnight:and

8. where existing alfresco areas may not comply with the new policy requirements relating toadvertising, screens and furniture elements, the City will provide, on application, a period of gracefor compliance for up to two years.

C) Alfresco Dining Fee Schedule

This is attached for reference, however it does not form part of the draft Alfresco Dining Policy.

There are four fee zones in the city as shown on the map overleaf, with costs per square metre perannum, of $100, $85, $75 to $50m2/pam (plus 10% GST) respectively for each zone. The zoneswere developed based on the REIWA Pedestrian Survey which identifies the amount of pedestriantraffic on central city streets.

The new Fee Schedule will also provide greater equity with cafes in the arcades who are at acompetitive disadvantage with current low fees for al fresco dining in the malls. These are significantlyless than commercial rates and would be introduced in July 2000 and staggered in over a three yearperiod.

ZONE NAME Year 1$/m2/pa(+GST)

Year 2$/m2/pa(+GST)

Year 3$/m2/pa(+GST)

$/20m2/pa

(+GST)1 Central 50 75 100 20002 Hay Street West 42.5 64 85 17003 Subcentral and Northbridge 38 56 75 15004 General 25 37.5 50 1000

The fees for alfresco dining under lease arrangements in the City of Perth have been unchanged forthe last six years at $85/m2/pa. The maximum fee of $100/m2/pa is the same as current fees foralfresco dining in and the Cities of Subiaco and Melville and approximately half the fees levied inSydney, Melbourne and Brisbane.


Currently the total income generated from al fresco dining is $39,209, comprising $21,480 annualincome from al fresco under licence arrangements and $17,729 from nine al fresco diningestablishments under lease arrangements.



Income generated under the new proposals could eventually approximate $140,000 pa (plus GST)and would be phased in over a three year period and with a six months notice period. By phasing inthe fees in instalments of 50%, 75% and 100%, approximately $70,000 would be generated in thefirst year.

Phasing in of al fresco dining fees over a three year period.

% of fees levied Total income pa6 month noticeYear 1 50% $69,764Year 2 75% $104,460Year 3 100% $139,529

Costs for the City will be approximately $2,000 (inclusive of GST) to provide additional cover forthe City in relation to its own public liability insurance, which improves the City’s cover andgenerates administration efficiencies.

The City would also incur a small additional cost for the provision of stickers with alfresco dininglicence details. All other establishment costs would be at the licensee’s expense.

GST Implications:

The alfresco dining licence fees will attract a GST as a fee for the use of public land, which the Citywill need to pass onto licence holders. The additional public liability insurance also includes a 10%allowance for GST.

COMMENTS:

The attached draft Alfresco Dining Local Law and Policy have been prepared by the City’ssolicitors.

Extension of Alfresco AreaConsistent with the existing policy and proposed policy, an alfresco dining area is restricted to thefootpath area directly adjoining the premises, that is, not extending beyond the side boundaries ofthe premises. This will avoid problems of potential conflict with other businesses and land uses andproblems with appropriate management of the alfresco dining area.

In the malls however, there have been a small number of premises (approximately 4), whichbecause of very narrow street frontages have been granted temporary extensions to their alfrescodining areas with the written permission of adjacent landholders. The previous policy, SU18Alfresco Dining Areas-Citiplace (adopted 1990), provides for “each case to be judged on itsmerits” in relation to the location of these premises. The narrow frontages significantly reduce thearea of alfresco dining under the new policy.



To restrict extensions without exception may impact adversely on a number of existing alfrescodining proprietors in the malls who would have their alfresco areas reduced by more than 50%.These areas appear to be well patronised facilities consequently there would be significant loss ofincome for these premises with a significant reduction in alfresco area.

Consequently, it is proposed that in exceptional cases, the temporary extension of an alfresco areamay be approved with the written approval of adjacent landowners.

This would maintain the status quo which has been working successfully in the malls over the last fewyears. It would provide the City with the discretion to temporarily extend an alfresco area, inexceptional cases, where the benefits for all stakeholders are mutual and all other requirements ofthe approval are in accordance with the policy.

It was therefore recommended that the:-

(i) Council approves the proposed Alfresco Dining Local Law, Policy and Fee Schedule, asdetailed in the attached schedule;

(ii) proposed local law in (i) above be implemented in accordance with Section 3.12 of the LocalGovernment Act 1995.

(Crs MacGill, McEvoy, Goodman and Tudori disclosed an interest in this item)

Member Nature of Interest

Cr MacGill Employee of a business alongside an alfresco dining area.

Cr McEvoy Owner of a business with alfresco dining

Cr Goodman Owner of a property that may have alfresco in the future

Cr Tudori Owner of a property where lessees have alfresco dining.

Crs MacGill, McEvoy and Tudori departed the Chamber at 7.00 pmCr Goodman requested that he be permitted to participate and vote on the item.

The item lapsed as a quorum could not be achieved to allow Cr Goodman to depart theChamber in order for a decision to be made in relation to his request.

Crs MacGill, McEvoy and Tudori returned to the Chamber at 7.05 pm

95/00 INCLUSION OF THE GATEWAY PRECINCT IN THE EASTPERTH REDEVELOPMENT SCHEME



BACKGROUND:

SUBURB/LOCATION: PerthDA/BA REFERENCE: -FILE REFERENCE: P1010386/13RESPONSIBLE DIRECTOR: Charlotte Stockwell, Director StrategyDATE: 3 February 2000

The East Perth Redevelopment Authority proposes to include provisions for the Gateway Precinct inthe East Perth Redevelopment Scheme.

This report identifies issues relating to the proposed amendments and recommends that the EastPerth Redevelopment Authority be notified of the City’s considerations.

The proposed provisions are intended to clarify the intent, identify the preferred and contemplateduses and specify the maximum plot ratio for the precinct. The proposed intent requires furtherclarification of the type and form of development which is envisaged for the precinct. Otherdevelopment parameters proposed are appropriate.

By letter dated 20 December 1999, the East Perth Redevelopment Authority (EPRA) notified theCity of Perth of the proposal to include provisions for the Gateway Precinct in the East PerthRedevelopment Scheme. This is attached as Schedule No. 2.

The proposed Scheme amendment relates to land that was included within the East PerthRedevelopment Area on 16 November 1999. The land is bounded by Plain Street in the West,Wellington Street extending to the river foreshore in the north, the Swan River to the East andAdelaide Terrace in the south.

The amendment proposes Scheme text provisions to assist with development control for applicationsfor development affecting land within the precinct.


The land is contained wholly within the East Perth Redevelopment Area. Accordingly, anydevelopment of the land is subject to the provisions of the East Perth Redevelopment Scheme andPolicies.

DETAILS:

Matters covered in the Scheme text fall under the following headings:-

1. Statement of Intent2. Preferred Uses3. Contemplated Uses4. Plot Ratio5. Residential Density



The Scheme provisions alone are succinct and do not deal with general performance requirements.These are normally dealt with in greater detail in Planning Policies and Design Guidelines. In general,the Scheme provisions (namely Plot Ratio and uses) have been prepared taking into account conceptplans already prepared by EPRA. It is intended that a precinct planning policy be further preparedfor adoption.

Statement of IntentThe purpose of the statement of intent is to provide an outline for type of environment which is todevelop in the locality. By inclusion of the intent in the Scheme text, as proposed, a strong legislativeframework is provided and the intent becomes a key assessment tool in determining appropriateforms of development.

CommentThe proposed intent provides only a cursory indication of the form of development which is intendedfor the locality. In this regard, further clarification of the role of the precinct is warranted. Inparticular, the intent states that “…land in this precinct [is to] reflect its role as the EasternGateway to the City Centre”. This statement is not supported by an indication of how this is to beachieved.

The intent generally outlines that the precinct is to reflect its role as “the eastern gateway to the citycentre”. In addition, the intent calls for development which reinforces the “pattern of city form”.There is no clarification of what constitutes the “pattern of city form”. This should be clarified.

The provisions acknowledge existing facilities such as the West Australian Cricket Grounds(WACA) and Trinity College and suggests that they should be retained but encourages the balanceareas to be redeveloped for residential, commercial and mixed use development. This is consistentwith the City’s approach of encouraging further residential development within the City.

Preferred and Contemplated UsesThe preferred use categories within the precinct are:-

• Research and Development• Commercial• Retail• Residential

Contemplated use categories within the precinct are:-

• Community uses• Recreation uses

Comment



Subject to ensuring that appropriate policy is developed for the precinct, the preferred andcontemplated land uses are appropriate for the precinct and would complement the strategic planningobjectives for the City.

Plot RatioThe proposed maximum plot ratio for the Precinct is 3.0 (i.e. 3.0 x site area). Land within the Cityof Perth, immediately to the east of the Precinct along Adelaide Terrace, has a maximum plot ratio of4.0. Further east, into St George’s Terrace, the City Centre has a maximum plot ratio of 4.0.

CommentThe plot ratio of 3.0 as proposed for the precinct is appropriate.

Residential Plot RatioThe plot ratio, for residential is set at a maximum of 1.5. EPRA has advised that it is in the processof preparing a precinct planning policy for the gateway precinct. It is envisaged that a higher plotratio for residential development will be allowed through that policy. The City of Perth will beconsulted during preparation of the policy.

CommentA plot ratio for residential development should be consistent with Commercial development.

Residential DensityResidential density is specified at R160.

CommentThis density is appropriate as it accords with those allowed on land adjoining the precinct.


No financial implications apply to the proposal.

GST Implications:

Nil.

COMMENTS:

The proposed provisions are intended to clarify the intent, identify the preferred and contemplateduses and specify the maximum plot ratio for the precinct. The proposed intent requires furtherclarification of the type and form of development which is envisaged for the precinct. Otherdevelopment parameters proposed are appropriate.

Cross Jurisdictional issues

Passing over the Causeway, entry to the City is available via:-

• Riverside Drive



• Adelaide Terrace; or• Hay Street

These roads and the surrounding land function as the Eastern Gateway to City. Access via theseroads and development of surrounding land must be co-ordinated between the City of Perth andEPRA who both have jurisdiction in this area.

The environment which results from redevelopment of the precinct must reinforce the imperative ofthe Precinct as the Eastern Gateway to the City. This is clearly recognised by EPRA and is stated inthe draft Intent. The precinct planning Policy to be prepared by EPRA will be the means of ensuringthat imperative is achieved. In developing an appropriate Precinct Planning Policy, matters such asbuilding height, open space provisions, presentation of buildings within the streetscape must beaddressed. The Policy must be developed in co-operation with the City of Perth and with dueconsideration of an appropriate functional road hierarchy.

Moved by Cr Sutherland, seconded by Cr Stroud

That:-

(i) the East Perth Redevelopment Authority be advised that:-

(a) the City generally supports the proposed plot ratio, residential densityand land uses for the Gateway Precinct;

(b) the intent contained within the draft amendment should clarify the formof development envisaged for the locality, in particular the intent shouldclarify:-

• • the role of the precinct as the eastern gateway to the City Centre;• • what is meant by the term “the pattern of City Form”;• • what type of built form is appropriate within the precinct;

(ii) the City will pursue extensive communication with the East PerthRedevelopment Authority:-

(a) as they prepare the Precinct Planning Policy for the Gateway Precinct;

(b) in relation to traffic management of Riverside Drive, Adelaide Terraceand Hay Street.

Discussion ensued




96/00 TOWN HALL UPDATE

BACKGROUND:

SUBURB/LOCATION: PerthDA/BA REFERENCE: N/AFILE REFERENCE: P.1012774/2RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 7 February 2000

The Council needs to determine an implementation programme for the redevelopment of the PerthTown Hall. This report suggests that stage 1 of the works (urgent conservation works and first stageinternal new works) be commenced, funded by the Town Hall reserve fund and additional municipalfunds spread over two years. New works, such as the installation of a lift, new foyer and toilets, canonly be done as a package concurrent with urgent conservation works to retain the viability of theTown Hall. The State Government has announcement a successful tenderer for the redevelopmentof the old Treasury Building site.

On 10 June 1997 the Council adopted the Conservation Plan and Feasibility Study for the PerthTown Hall. In adopting the Conservation Plan the Council also agreed to Option 4 (2) as thepreferred option for staging. A summary of this option and its costs (in 1997 dollar values) isattached as Schedule No 3. At its meeting on 24 November 1998 the Council resolved:

That the Council advises the proprietors of Cravens Pharmacy that it:-

(i) has considered all options for retaining their tenancy in the redevelopment of the PerthTown Hall in view of the long association between Cravens and the Town Hall, but hasconcluded that it is not practical and that it is necessary to give six months formalnotice to terminate the lease to Messrs Thomas and Stuurstraat in accordance withclause 13.18 as varied by deed dated 4 February 1993;

(a) in the event that the final design has not been completed and the building contracthas not been awarded, the Council will permit the pharmacy to continue tooccupy the premises at the expiry of the notice period;

(b) in considering the final design the Council considers a plan with and without achemist/apothecary included of less than 150m2;

A plan showing a 150m2 tenancy will be tabled at the meeting. A decision needs to be made aboutthe retention of any tenancy on the ground floor. Considerable discussion has taken place regardingthe location of new toilets, and the Council has opted for new toilets on the ground floor.



On 14 October 1998 the Government Property Office advised that the government has no inprinciple objection to the Council’s request to make available land to the east of the Town Hall, toassist in the creation of an eastern entry foyer. The Government Property Office also advised that:-

“However, this agreement is subject to the City of Perth providing us a detailed scopeof the work to be undertaken and that work being linked to a definitive program.Priority should be given within the program to removal of the ground floor tenanciesand relocation of the Barrack Street toilets. I am particularly keen to view the proposedrefurbishment plans.

I also reinforce the requirement for Heritage Council of Western Australia approval ofthe refurbishment proposal, given the building’s cultural heritage significance. Earlylodgement of a detailed proposal will facilitate that process.”

The condition of the Town Hall clock tower has become perilous; as a result a conservationarchitect, who previously supervised works on the Town Hall, is preparing documentation to enablethe first stage of urgent safety conservation works to the clock tower to be done.

Outstanding issues are as follows:-

1. A final decision regarding the removal of the ground floor pharmacy tenancy and whether a newtenancy should be provided;

2. A decision whether to commence with Stage 1 works comprising those listed in schedule 1(identified as stage 1(A) and 1(B)) and urgent conservation works;

3. Funding;

4. The finalisation of a brief and the appointment of a specialist consultants team to prepare detaileddocumentation for stage 1 tenders;

5. Advice to the Government Property Office

6. Liaison with the Heritage Council of Western Australia.

The State Government recently announced that the Fini Group is the successful tenderer for theredevelopment of the old Treasury Building site. The tender is based on the redevelopment for ahotel.

COMMENTS:

A restoration programme that ensures the on-going viability of the Town Hall, including its structuralintegrity, heritage preservation and future uses, has been presented to the Council previously (Schedule 1). The only amendment suggested to Schedule 1 is to include in stage 1 urgentconservation work and safety work on the south and east facades and the clock tower. This workhas been identified by conservation architects as urgent to ensure the structural integrity of the



building and safety of spaces around it. The imminent redevelopment of old Treasury Building siteprovides added impetus to do this work.

The cost to do this first stage of works is as follows:

Item Cost

Stage 1A and 1B (1997 estimate by Forbes, Fitzhardinge and Woodland plusescalation to 2000) plus urgent conservation/safety works being south and eastfacades and clock tower

3,720,000

Conservation consultants and project management fees, presentation, design andproject cost contingency - required due to heritage nature of the building.

390,000

TOTAL $4,110,000

NOTE: Construction of a new ground floor tenancy is not included in the above figures.

In order for the Town Hall refurbishment to be done in a viable manner, all work identified as Stages1A and 1B in Schedule 1 as well as the urgent conservation/safety works needs to be done as onestage.

As it is desirable to open up the ground floor of the Town Hall and enable view through the adjoiningTreasury Building site a tenancy on the ground floor is not preferred.

The fundamental issue is the funding. The existing Town Hall reserve stands at $1,105,000, creatingneed for an additional $3,005,000.

As the Town Hall is a listed heritage building the Heritage Council of WA will need to be closelyinvolved in the refurbishment project. Ongoing liaison with the State Government will also benecessary to:-

1. come to an agreement to provide access over the adjoining land to enable the accommodation ofthe proposed new eastern entry and foyer.

2. to ensure that the Town Hall and the proposed redevelopment of the former Treasury building areproperly integrated.


Apart from the Council’s Town Hall reserve, alternative external funding sources have not beensecured to date. The City has made several applications for funding but has received no positiveresults. Applications to the (Centenary of Federation) Federation Cultural and Heritage ProjectsProgramme and the WA Lotteries Commission have not been successful to date. Estimated ratesincome from the old Treasury Building redevelopment site if it proceeds will be $25,000 per annum



for two years during construction and $120,000 per annum after completion as a hotel (based onadvice from the Valuer General).

Research has also been undertaken to establish a Town Hall Restoration Foundation to attract taxdeductible donations to the project. It is considered that the Council should make a substantialcommencement on the project before seeking public donations.

If the redevelopment of the old Treasury Building proceeds, there is a possibility to investigaterevenue generation for the Town Hall by way of hiring out its facilities for hotel functions; it isexpected however that net income generated by this would not be significant.

It is therefore recommended that the first stage of works (identified above) be funded by the Councilover three years as follows:

1. Use the existing Town Hall reserve of $1,105,000.2. $500,000 which has been budgeted for transfer to the Town Hall Reserve 1999/20003. New municipal funds of $1,000,000 funded in the Council’s 2000/2001 budget4. New municipal funds of $1,505,000 funded in the Council’s 2001/2002 budget

Total = $4,110,000

The works programme for the refurbishment will cover the latter half of the 2000/01 and the firstperiod of the 2001/02 financial years which matches the above funding proposal.

(Cr MacGill disclosed an interest and did not vote on this item)

Member Nature of Interest

Cr MacGill Employee of a business in close proximity to the Town Hall

Cr MacGill departed the Chamber at 7.13 pm

Moved by Cr Stroud, seconded by Cr Goodman

That:-

(i) the Council APPROVES BY AN ABSOLUTE MAJORITY to commence therefurbishment of the Town Hall inclusive of urgent conservation works to thesouth and east facades and clock tower with Stage 1 works, listed as Stage1(A) and (B), in schedule 3, estimated to cost in the order of $4,110,000;

(ii) the Stage 1 works, identified in (i) above, be funded by the Council over threeyears as follows:-

(a) use the existing Town Hall reserve of $1,105,000;



(b) $500,000 which has been budgeted for transfer to the Town Hall Reserve1999/2000;

(c) new municipal funds of $1,000,000 funded in the Council’s 2000/2001budget;

(d) new municipal funds of $1,505,000 funded in the Council’s 2001/2002budget;

(Cont’d)

(iii) no provision be made for a ground floor tenancy;

(iv) a brief be prepared and tenders called for a conservation architect andconsultants team to prepare detailed documentation for Stage 1 tenders;

(v) the Government Property Office be advised of this decision;

(vi) there be close liaison with the Heritage Council of Western Australia for theduration of the project.

Discussion ensued


Cr MacGill returned to the Chamber at 7.15pm

97/00 LEASE OF TENANCY 1 ON THE JAMES STREETFRONTAGE OF THE ROE STREET CARPARKREDEVELOPMENT

BACKGROUND:

SUBURB/LOCATION: James Street, NorthbridgeDA/BA REFERENCE:FILE REFERENCE: P1008643/4RESPONSIBLE DIRECTOR: Garry Dunne, Director Service UnitsDATE: 7 February 2000

The Council resolved the following at its meeting on held on 13 July 1999.

“That the Council:



(i) Approves the terms and conditions of the Sale and Development Agreement, and theProperty Council of Australia (PC1) Building Contract tabled with this report, whichhave been negotiated by the City of Perth with Multiplex Constructions Pty Ltd,providing for the following:

(a) A Building Contract sum of $10,650,000, comprising $8,650,000 for theConstruction of a 475 bay carpark on Perth Town Lot Y7, for the City, includingthe following provisional sums:

Carpark control equipment $413,800 Artwork & sundries $ 55,000 James & Roe Street Facade treatments $196,000 plus $2,000,000 for delivery of one or more retail tenancies, with tenants in place

on the James Street frontage of the carpark, with Multiplex Constructions Pty Ltdfunding all costs associated with the development, fit out and leasing of thesepremises, as well as providing the City a guarantee to secure suitable tenantspaying a total of $200,000 per annum net rental, in respect of this part of thedevelopment;

(b) Construction of a separate 300 seat IMAX Theatre on the City’s land facing Lake

Street, simultaneously with the carpark works by Multiplex Constructions Pty Ltd,with Multiplex purchasing the Lake Street Lots, being portion of Perth Town LotY6 comprised in Certificates of Title Volume 959 Folio 99 and Volume 240 Folio105, for $1,350,000 upon completion of the theatre, secured by a deposit of$20,000;

(c) Registration of an easement for public access over the pedestrian access to the

carpark against the City’s carpark title in favour of the owners of the IMAXTheatre site. Cinema Plus Limited, lessee’s of the IMAX theatre to pay the City a$10,000 per annum sign licence fee, indexed to CPI annually, as consideration forthe shared use of this access way together with the right to install and maintain adouble sided neon sign projecting through the James Street canopy of the propertyadjacent to the pedestrian access way, promoting the IMAX theatre and pedestrianaccess to the carpark;

(d) Possession of both sites to be given to Multiplex Constructions Pty Ltd on 19 July

1999, with a complete shut down of the carpark during the first half of theconstruction phase, and the carpark reopening approximately 300 bays by mid-December 1999. Completion of both building projects approximately 16 June2000;

(ii) accepts the offer of a rent-free tenancy from Elmleaf Nominees Pty Ltd, a subsidiaryof Multiplex Constructions Pty Ltd, over a 2400m2 portion of land at the S/E corner



of Beaufort and James Streets, Northbridge for temporary parking purposes betweenthe date the City secures a Development Approval from the Western AustralianPlanning Commission and completion of the Roe Street car park redevelopment, withMultiplex levelling the site and installing a suitable temporary (unsealed) car parksurface at its cost;

(iii) accepts the offer of a once only payment of $20,000 from Multiplex Constructions Pty

Ltd, upon execution of contracts, towards the City’s costs for security arrangementsand transport services during the temporary closure of the Roe Street car park;

(iv) notes that the total budget for the project outlined in (i) above is $11,500,000,

comprised of:

Carpark building contract $ 8,650,000Retail development fee $ 2,000,000Roe Street roadworks $ 100,000Consultants fees and design contingency $ 175,000Project Management Costs $ 100,000Allowance for additional facade works $ 225,000Contingency allowance $ 250,000

TOTAL $11,500,000

(v) authorises the Lord Mayor and the Chief Executive Officer to execute the Sale andDevelopment Agreement, the Building Contract, the Sign Licence, and the Deed ofEasement for this project."


Under Section 3.58 of the Local Government Act 1995, the Council is obliged to give a minimum of14 days notice of its intention to enter into a lease by private treaty in a newspaper freely circulatingin the district, inviting submissions from any interested party, which must then be considered by asubsequent meeting of the full Council, before the transaction can be finalised.

Leasing of the subject premises addresses the City’s economic strategy E1.3, to “Develop strategiesfor the future through income, maintenance, diversity and growth”.

DETAILS:

Under the Sale and Development Agreement dated 29 July 1999 between the City of Perth andMultiplex Constructions Pty Ltd, Multiplex is responsible for securing lessees for the retailcomponent of the City’s Roe Street Carpark Redevelopment, and to guarantee a net income of$200,000 per annum to the City for the first five years after completion.



Multiplex has engaged Hanson Bridge Property Consultants to secure leases from an appropriatetenancy mix, with strong trading backgrounds, to maximise the investment return to the City, and tominimise the contingent liability for their client, Multiplex.

Hanson Bridge has been attempting to obtain firm offers to lease over all of the retail tenancies,however securing commitments ahead of construction is proving to be difficult, notwithstanding thefact that there is genuine interest from a range of well respected traders.

In view of the time being taken to finalise all offers, Multiplex Constructions Pty Ltd has nowrequested the City to progress the firm offer to lease from the Totalisator Agency Board (TAB)dated 31 December 1999, which it has been holding.

The offer from the Totalisator Agency Board is similar to the terms and conditions set out in therecommendation attached to this report in all respects, other than the rental review provisions, whichprovided for annual adjustment to CPI or a 5% indexation, which ever was the greater. As the 1999revisions to the Commercial Tenancies (Retail Shops) Agreements Act provide that only one reviewmechanism can be specified in any retail lease, it is proposed that the 5% annual indexation methodbe adopted, as it is simple to apply, and the consumer price index has not exceeded that level for thelast nine years, and it may not do so during the term of this lease or any extension thereof.

The offer requires the lessor to provide a number of facilities set out in annexure “A”, which isreproduced below:

Annexure “A”

1. Walls: To be of structural strength to carry televisions and other TAB equipment

2. Floor Smooth finished concrete

3. Ceilings: To be suspended with a minimum height of three metres

4. Shop Fronts: To be on the James Street frontage per the site plan to the tenants basicspecification.

5. Power: 100AMP, three phase to be provided to a distribution board and to bereticulated at the TAB’s cost

6. Toilets: The TAB is to have access to the toilets at all trading hours of the TABwhich are at present 8 am to 11 pm. Or such other hours which they aredetermined to trade

7. Staff Toilets: As noted on the plan to be the exclusive use of the TAB tenancy andsecurable (final configuration to be provided by TAB)

8. Telstra (i) Adequate access to all necessary Telstra Services 10 pair cablerequired in the tenancy. Data lines to Distribution Board or othernominated position

(ii) Suitable location for the installation of satellite receiving dish for SkySatellite service (dish faces 33 degrees) - either on the roof or on a



suitable wall.

(iii) Suitable area on the roof for the installation of masts for:-

(a) TV reception (Teletext and Channels 2, 28 and 31, 7, 9 and10) with a clear view of the transmitters at Bickley.

(b) CFM reception, with a clear view of the Bankwest Tower inthe City. A & B can generally be mounted on the samemast, as long as it has view of transmitters.

9. External Door: To open outwards, where at all possible.

10. Signage: Suitable area for installation of a floor safe in a concrete floor.

11. Floor Safe: Suitable area for installation of a floor safe in a concrete floor.

12. Lease: To be in “Registrable Form” and Mortgagee’s Consent to be included.

13. Customer Toilets: Customer (multi-sex) disabled toilet to be provided by lessor (TAB toproved lessor with location/configuration.

Subject to the normal planning approval requirements, it is proposed that the Council pursues thisproposal, on the condition that the works set out in Annexure “A” are undertaken and funded byMultiplex Constructions Pty Ltd, in terms of the sale and development agreement date between theCity of Perth and Multiplex Constructions Pty Ltd.


ACCOUNT NO: Not yet establishedBUDGET ITEM: n/aBUDGET PAGE NUMBER: n/aBUDGETED AMOUNT: $200,000 proposed for 2000/01 budgetAMOUNT SPENT TO DATE: n/aACTUAL INCOME: $56,723 from this lease; $200,000 in total (2000/01)BALANCE:

As the proposed lease will not commence until 1 August 2000, it will have not impact on the City’s1999/2000 operating budget.

GST Implications:

This lease will be assessable for the 10% goods and services tax, which is to be recovered from thelessee, in full.



COMMENTS:

The rental negotiated with the TAB represents $340/m2/annum net, which is considered to be afavourable outcome for the City. Retail rentals in the vicinity generally range from $220/m2 to$300/m2, and the independent valuation obtained in November 1998 to assess the Multiplex tenderassigned an average rental of $300/m2 to the James Street tenancies.

Subject to acknowledgement by Multiplex Constructions Pty Ltd that acceptance of the offer tolease from Totalisator Agency Board dated 31 December 1999 does not represent a waiver of therental guarantee from Multiplex under the sale and development agreement dated 29 July 1999between the City of Perth and Multiplex Constructions, and subject to the lessor’s works outlined inAnnexure “A” of the offer from the TAB being completed and funded by Multiplex ConstructionsPty Ltd, it is recommended that the City advertises its intention to enter into a lease with theTotalisator Agency Board on the terms and conditions set out in the recommendation contained inthis report, in accordance with Section 3.58(3) of the Local Government Act.

Moved by Cr Tudori, seconded by Cr Sutherland

That:-

(i) the Council advertises its intention to enter into a lease to Totalisator AgencyBoard of Western Australia over tenancy 1 on the James Street frontage of theCity’s Roe Street carpark, on the following terms and conditions:

Premises:Tenancy 1 on the ground floor, at the north eastern corner of the City of PerthRoe Street carpark, having a frontage of approximately 8.28m and a depth of24.13m, with a letable area of 182sqm, subject to final survey, and being thepremises cross hatched on the plan attached to this report;

Lessee:Totalisator Agency Board of Western Australia (TAB) 14 Hasler Road, OsbornePark;

Lease Term:Five (5) years from 1 August 2000, with two consecutive 5 year options ofrenewal (15 years in aggregate)

Initial Rental:$61,880 per annum, payable by monthly instalments of $5,156.67, in advance,plus the recovery of GST;

Rent Reviews:



The annual rental shall increase by 5% on every anniversary of the leasecommencement date during the term of the lease and any extension there of;

Use of Premises:The premises are to be paraded as a TAB outlet;

Outgoings:The lessee shall be responsible for the payment of Council rates and Waterrates levied against the subject premises, together with all service charges andall other building outgoings including, but not limited to building insurance,public liability insurance, building maintenance of a non structural nature,cleaning of common areas, and toiletry supplies for the public toilets servicingthe retail areas;

(Cont’d)

Lease Documentation:This lease shall be documented in the form of the draft lease prepared byMinter Ellison, and incorporated in the Sale and Development Agreementbetween the City of Perth and Multiplex Constructions Pty Ltd. The lessee shallpay the City’s solicitors fees and the stamp duty assessed on the lease;

(ii) the Council advises Multiplex Constructions Pty Ltd that it takes the action setout in (i) above on the understanding that its intention to accept the offer tolease from the TAB, dated 31 December 1999 is conditional upon:

(a) acknowledgement by Multiplex Constructions Pty Ltd that anyacceptance does not constitute a release from the income guaranteegiven by Multiplex in the Sale and Development Agreement between theCity of Perth and Multiplex Constructions Pty Ltd dated 29 July 1999;

(b) the lessors fit out works detailed in annexure “A” of the offer from theTAB are to be undertaken and funded by Multiplex Constructions Pty Ltdin accordance with the Sale and Development Agreement dated 29 July1999, subject to the normal planning approval requirements.

Cr McEvoy departed the Chamber at 7.18pmCr Stroud departed the Chamber at 7.20pm

Discussion ensued




Cr McEvoy returned to the Chamber at 7.21pmCr Stroud returned to the Chamber at 7.22pm

98/00 DINING ROOM - ESTABLISHMENT OF A CATERINGEVALUATION COMMITTEE

BACKGROUND:

SUBURB/LOCATION: PerthDA/BA REFERENCE: -FILE REFERENCE: P1001610RESPONSIBLE DIRECTOR: Noelene Jennings, Director Corporate ServicesDATE: 14 February 2000

At the House/Sponsorship and Donations Committee meeting held on 14 February 2000 it wasresolved that:-

(i) Option 3 of Option B from the report titled Review on the City of Perth Dining RoomOperation, by DE Purslow and Associates, dated February 2000, be accepted as the mostsuitable option relating to the review of the Dining Room operation.

(ii) A Committee be established to examine the implementation of the option in (i) above, and todevelop an action plan for the Council’s consideration, in conjunction with DE Purslow andAssociates.

(iii) The Committee comprise Councillors McEvoy, Semmens, and Tudori.

As it has been recommended that the Council establish a Committee to evaluate and develop anaction plan of the City’s catering requirements, it is necessary to give consideration to the role of theCommittee and what it may legally undertake.


Section 5.8 of the Local Government Act 1995.

DETAILS:

At the House/Sponsorship and Donations Committee meeting held on 21 December 1999 it wasnoted that DE Purslow and Associates had been appointed to review the current operations of theDining Room.

The purpose of the review was to address, but not be limited to, the following issues:-



(i) Review of the Dining Room facility, its feasibility, and an assessment of optimum openinghours.

(ii) Assessment of whether the chef service is best out-sourced or provided in-house. Thisassessment to include whether the kitchen facilities are adequate for an in-house service.

(iii) Review operational issues, such as minimum catering numbers for optimum operation,timeframes for cancellations/additions, pricing policies, and the like.

Recommendations on the most efficient and effective means of operating the Dining Room, whilemaintaining or improving service quality, were also to be provided to the City as part of theconsultancy.

At the House/Sponsorship and Donations Committee meeting held on 14 February 2000 it wasagreed that it be recommended that a Committee be established to examine the implementation ofthe Dining Room option agreed to by the House/Sponsorship and Donations Committee, and itdevelop an action plan for the Council’s consideration.

Section 5.8 of the Local Government Act 1995 provides that a local government may establishcommittees of three or more persons to assist the Council to exercise the powers and discharge theduties of the local government that can be delegated to committees.

A local government may delegate to a committee any of its powers and duties other than this powerof delegation, subject to certain limits. With regard to a committee comprising Elected Membersonly, the following limitations on delegations applies:-

• No matter which requires a decision of an absolute majority.• Any other power or duty that is prescribed (none prescribed at this time).• No matter which is a function of the CEO, including:-

n Day-to- day operations of the local government.n Responsibility for all matters relating to employees (subject to Section 5.37 relating to

senior employees).n Functions delegated to the CEO.

In relation to the committee to be established to evaluate and develop an action plan of the City’scatering requirements the following needs to be noted:-

• The appointment of any consultant to assist in the development of an action plan and tenderingspecifications will need to done in accordance with City of Perth Policy CS2: Expenditure -Authorisations - Annual Items. The CEO is delegated authority to appoint consultants, if thevalue of the assignment is less than $20,000.

• A budget for employment of a consultant to assist with the above will need to be identified as ithas not been budgeted for. It is suggested that funds be allocated from the Dining Room budget,



as it appears unlikely that the Catering and Beverages item will be fully expended in the1999/2000 period, mainly due to the reduction in current usage of the Dining Room facility.

• The administration of any contract with consultants is the responsibility of the administration in thecourse of its day-to-day operations. The committee to be established is not legally authorised todevelop action plans in conjunction with consultants - this is the role of the administration. Theadministration will, however, ensure that Elected Members are consulted with regard to thereview of policies and tender documentation relating to the Dining Room.


Not applicable at this time.

COMMENTS:

Subsequent to the meeting of the House/Sponsorship and Donations Committee meeting held on 14February 2000, a study of the role of committees indicates that clause (ii) of the recommendation ofthe House Committee is not in accordance with the provisions of the Local Government Act 1995and the City of Perth’s policies. The appointment of a consultant to work in conjunction with thecatering evaluation committee therefore cannot be undertaken.

It is therefore proposed that the Council consider the establishment of a Catering EvaluationCommittee, and that its role be to investigate the implementation of Option 3 of Option B from thereport titled Review on the City of Perth Dining Room Operation, by DE Purslow and Associates,dated February 2000, and to oversee the development of an action plan for the Council’sconsideration.

Moved by Cr Goodman, seconded by Cr Sutherland

That in accordance with Section 5.8 of the Local Government Act 1995, theCouncil APPROVES BY AN ABSOLUTE MAJORITY the establishment of theCatering Evaluation Committee with the following guidelines:-

(i) Role:

A Committee be established to examine the implementation of the Option 3of Option B from the report titled Review on the City of Perth Dining RoomOperation, by DE Purslow and Associates, dated February 2000, and todevelop an action plan for the Council’s consideration, in conjunction withDE Purslow and Associates.

(ii) Membership:

Councillors McEvoy, Semmens, and Tudori;



(iii) Quorum:

Two;

(iv) Termination Date:

1 August 2000.

Motion to amend


That in accordance with Section 5.8 of the Local Government Act 1995, theCouncil APPROVES BY AN ABSOLUTE MAJORITY the establishment of theCatering Evaluation Committee with the following guidelines:-

(Cont’d)

(i) Role:

To investigate the implementation of the Option 3 of Option B from thereport titled Review on the City of Perth Dining Room Operation, by DEPurslow and Associates, dated February 2000, and to oversee thedevelopment of an action plan for the Council’s consideration;

(ii) Membership:

(a) Councillors McEvoy, Semmens, and Tudori;(b) Chief Executive Officer;

(iii) Quorum:

Three;

(iv) Termination Date:

1 August 2000.

Discussion ensued

The amendment was put and carried

Discussion ensued



Motion to amend

Moved by Cr Davidson, seconded by Cr Goodman

That the words in clause (i) “Option 3 of Option B” be replaced with the words “thevarious options”.

Discussion ensued

The amendment was put and lost

Discussion ensued

The amended main motion was put and carried by an absolute majority

99/00 PROPOSED SISTER CITY VISIT - VASTO, RHODES ANDMEGISTI

BACKGROUND:

SUBURB/LOCATION: PerthDA/BA REFERENCE:FILE REFERENCE: P1013195RESPONSIBLE DIRECTOR: Noelene Jennings, Director Corporate ServicesDATE: 3 February 2000

The City holds Sister City relationships with Vasto (since 1989), Rhodes (1984) and Megisti(1984).

At its meeting held on 16 September 1999, the International Strategic Alliances Advisory Committee(ISAAC) resolved that an official visit to Vasto, Rhodes and Megisti in May 2000 be organised tostrengthen the sister city ties.

At the Council meeting held on 12 October 1999 it was resolved that the Council:-

(i) approves in principle a Sister City Visit to Vasto, Rhodes and Megisti in accordance withCouncil Policy CS4: Sister City Relationships;

(ii) endorses in principle a Civic Delegation in conjunction with (i) above;

(iii) advertises its intentions in (ii) above.




Strategic Plan: Social and Cultural - Encourage international cultural exchange and awareness,particularly through the City’s sister city relationships.

City of Perth Policy CS11: Reimbursement of Expenses.

City of Perth Policy CS4: Sister City Relationships provides for the creation of sister cityrelationships and authority for visitations.

The objectives of the policy are as follows:-

(i) To foster international peace and goodwill.(ii) To seek a wider understanding of other nations, their traditions, customs and culture.(iii) To promote Perth and, where appropriate, assist in fostering economic development, tourism

and trade relations.

The Council desires to maintain a small number of active sister city relationships based upon benefitwhich can accrue including trade, tourism, culture, education and sporting activities.

The Council considers the above mentioned objectives can be achieved by:-

(i) Educational, cultural, trade, tourism and sporting exchanges.(ii) Official visits.

Accordingly the Council’s role will be:-

(i) To encourage exchanges.(ii) To facilitate and assist visits and exchanges, such as providing letters of introduction to the

sister city.(iii) To arrange an exchange of greetings on the occasion of visits from sister cities.(iv) To facilitate exchange of educational, cultural and promotional material.(v) To encourage students to learn about a sister city by carrying out school projects on that city.(vi) To provide information to visitors from sister cities on places of interest.

The Council’s policy provides that the Lord Mayor and Lady Mayoress (accompanied by the ChiefExecutive Officer and spouse) may, subject to appropriate provisions being made in the adoptedbudget, visit the Sister Cities once during the Lord Mayor’s term of office.

DETAILS:

This year is the tenth anniversary of the sister city relationship with Vasto. In May the island ofMegisti celebrates the festival day of Saints Constantine and Helene, which consists of VIP visits anda large procession.



A proposed itinerary, from Sunday 14 to Sunday 28 May 2000, includes three to four days inRhodes, followed by three days in Megisti and four days in Vasto.

In relation to expenses of Councillors, it is within the Council’s authority to approve the Sister CityVisit as an authorised civic activity as required for City of Perth Policy CS11: Reimbursement ofExpenses.

It should be noted that no expenses for the partners of the Lord Mayor nor the Chief ExecutiveOfficer will be claimed.


ACCOUNT NO: 131007000BUDGET ITEM: Sister City VisitsBUDGET PAGE NUMBER: 15BUDGETTED AMOUNT: $55,000AMOUNT SPENT TO DATE: $32,781ACTUAL COST: $10,000 (estimated)BALANCE: $12,219

Costs indicated to date are associated with the visits by Kagoshima, Vasto and Nanjing. A balanceof $12,219 is available in the budgeted amount for spending in the current financial year.

A reciprocal youth visit is proposed in June/July 2000, and dependant upon activities proposed,financial consideration will also need to be given to this program.

Moved by Cr Sutherland, seconded by Cr McEvoy

That the:-

(i) Council approves the Sister City Visit by the Lord Mayor and Chief ExecutiveOfficer, to Vasto, Rhodes, and Megisti, in accordance with the Council’spolicy;

(ii) expenditure in (i) above be charged to Budget Item ‘Sister City Visit’;

(iii) Council endorses a Civic Delegation in conjunction with (i) above, consistingof:-

(a) Councillors;

(b) members of the International Strategic Alliance Committee;



(c) other interested persons;

(iv) Civic Delegation in (iii) above be responsible for all associated costs;

(v) Council approve the Sister City Visit to Vasto, Rhodes, and Megisti, as anauthorised civic activity as required for City of Perth Policy CS11:Reimbursement of Expenses.

Discussion ensued


100/00 NORTHBRIDGE FESTIVAL COMMITTEE MEETINGHELD ON 14 DECEMBER 1999

BACKGROUND:

SUBURB/LOCATION: PerthDA/BA REFERENCE: -FILE REFERENCE: P1015399RESPONSIBLE DIRECTOR: Noelene Jennings, Director Corporate ServicesDATE: 7 February 2000

DETAILS:

Role:

To consider the holding of a Northbridge Festival.

COMMENTS:

The minutes of the meeting of the Northbridge Festival Committee held on 14 December 1999 aredetailed in Schedule No. 4. It is suggested the minutes be noted.

Moved by Cr Davidson, seconded by Cr Tudori

That the Council notes the unconfirmed minutes of the Northbridge FestivalCommittee meeting held on 14 December 1999.




101/00 HOUSE/SPONSORSHIP AND DONATIONS COMMITTEE -SPECIAL MEETING HELD ON 14 FEBRUARY 2000

BACKGROUND:

SUBURB/LOCATION: PerthDA/BA REFERENCE:FILE REFERENCE: P.1011874/5RESPONSIBLE DIRECTOR: Noelene Jennings, Director Corporate ServicesDATE: 15 February 2000

ROLE AND DELEGATION OF POWER TO:-

• to investigate and determine protocols and procedures for Elected Members including theDining Room, Civic Receptions and Precinct Committees and make recommendations to theCouncil on Elected Members’ benefits and allowances.

• assess request for donations and sponsorship made to the Council;

• approve or decline donation or sponsorship requests of $10,000 or less.

DETAILS:

The unconfirmed minutes of the House/Sponsorship and Donations Committee special meeting heldon 14 February 2000 are detailed in Schedule No. 5 It is suggested the unconfirmed minutes benoted.

The matters not delegated to the Committee at the meeting have been presented to the Council at itsmeeting held on 22 February 2000.


That the Council notes the unconfirmed minutes of the House/Sponsorship andDonations Committee special meeting held on 14 February 2000.


102/00 CENTRAL CITY PRECINCT COMMITTEE - MINUTES OFTHE MEETING HELD ON 8 DECEMBER 1999



BACKGROUND:

SUBURB/LOCATION: PerthDA/BA REFERENCE:FILE REFERENCE: P1011892/3RESPONSIBLE DIRECTOR: Noelene Jennings, Director Corporate ServicesDATE: 21 January 2000

DETAILS:

The role and function of the Central City Precinct Committee is to make recommendations to theCouncil on issues relating to:-

• Leadership (proposed strategies, laws and policies); • Economy (marketing, promotion, economic development and vibrancy, retail vitality); • Environment (beautification, heritage, vandalism); • Social and Cultural Development (community, recreation, culture); • Urban Development and Transport (urban design, parking, traffic, public transport); • Service Quality (Council services).

The confirmed minutes of the Central City Precinct Committee meeting held on 8 December 1999are detailed in Schedule No. 6

It is suggested that these minutes be noted.


That the Council notes the confirmed minutes of the Central City Precinct Committeemeeting held on 8 December 1999.


103/00 CRAWLEY PRECINCT COMMITTEE - MINUTES OF THEMEETING HELD ON 3 FEBRUARY 2000



BACKGROUND:

SUBURB/LOCATION: PerthDA/BA REFERENCE:FILE REFERENCE: P.1011895/2RESPONSIBLE DIRECTOR: Noelene Jennings, Director Corporate ServicesDATE: 7 February 2000

The role and function of the Crawley Precinct Committee is to make recommendations to theCouncil on issues relating to:-

• Leadership (proposed strategies, laws and policies);

• Economy (marketing, promotion, economic development and vibrancy, retail vitality);

• Environment (beautification, heritage, vandalism);

• Social and Cultural Development (community, recreation, culture);

• Urban Development and Transport (urban design, parking, traffic, public transport);

• Service Quality (Council services).

DETAILS:

The unconfirmed minutes of the meeting of the Crawley Precinct Committee held on 3 February2000 are detailed in Schedule No. 7. It is suggested the minutes be noted.


That the Council notes the unconfirmed minutes of the Crawley PrecinctCommittee meeting held on 3 February 2000.


104/00 NORTHBRIDGE/WEST END PRECINCT COMMITTEE -MEETING HELD ON 2 FEBRUARY 2000

BACKGROUND:

SUBURB/LOCATION: PerthDA/BA REFERENCE: -



FILE REFERENCE: P.1011894/5RESPONSIBLE DIRECTOR: Noelene Jennings, Director Corporate ServicesDATE: 3 February 2000

The role and function of the Northbridge/West End Precinct Committee is to makerecommendations to the Council on issues relating to:-

• Leadership (proposed strategies, laws and policies);

• Economy (marketing, promotion, economic development and vibrancy, retail vitality);

• Environment (beautification, heritage, vandalism);

• Social and Cultural Development (community, recreation, culture);

• Urban Development and Transport (urban design, parking, traffic, public transport);

• Service Quality (Council services).

COMMENTS:

The unconfirmed minutes of the Northbridge/West End Precinct Committee meeting held on2 February 2000 are detailed in Schedule No. 8. It is suggested that the minutes be noted.


That the Council notes the unconfirmed minutes of the Northbridge/West EndPrecinct Committee meeting held on 2 February 2000.


105/00 PAYMENTS TO CREDITORS

BACKGROUND:

SUBURB/LOCATION: PerthDA/BA REFERENCE:FILE REFERENCE: P1014149/15RESPONSIBLE DIRECTOR: Noelene Jennings, Director Corporate ServicesDATE: 1 February 2000




That in accordance with Regulation 13 (2) of the Local Government, (FinancialManagement) Regulations 1996 the list of payments made under delegated authorityfor the month ended January 2000 as laid on the table be received and recorded inthe Minutes of the Council, the summary of which is as follows:-

FUND PAIDMunicipal Fund 5,764,604.55Trust Fund 54,768.42TOTAL: 5,819,372.97


106/00 FINANCIAL STATEMENTS - PERIODS ENDED 31OCTOBER AND 30 NOVEMBER 1999

BACKGROUND:

SUBURB/LOCATION: PerthDA/BA REFERENCE: -FILE REFERENCE: P1014149/15RESPONSIBLE DIRECTOR: Noelene Jennings, Director Corporate ServicesDATE: 9 February 2000


Section 6.4 and Regulation 34 of the Local Government Act 1995 requires that a local governmentis to prepare monthly financial reports.

DETAILS:

A copy of the monthly Financial Statements is attached in Schedule No 9.

COMMENTS:

It is recommended that the Council accepts the Financial Statements for the periods ended31 October and 30 November 1999.




That the Council accepts the Financial Statements for the periods ended 31 Octoberand 30 November 1999.

Discussion ensued


107/00 FINANCIAL STATEMENTS - PERIOD ENDED DECEMBER1999

BACKGROUND:

SUBURB/LOCATION: PerthDA/BA REFERENCE:FILE REFERENCE: P1000706RESPONSIBLE DIRECTOR: Noelene Jennings, Director Corporate ServicesDATE: 10 February 2000


Section 6.4(2) of the Local Government Act 1995.

DETAILS:

REVENUE:

Total Revenue for the Period

0

10000000

20000000

30000000

40000000

50000000

60000000

70000000

80000000

Jul

Aug Sep Oct

Nov

Dec Jan

Feb

Mar

Apr

May Jun

Do

llars Bgt YTD

Act YTD

Total Revenue, including Revenue from Parking Facilities, exceeded budget for the period byapproximately 7.5% after adjusting for timing in Rates receipts.



• Rates and Refuse charges were levied in the September quarter. Rates were higher than budget,mainly in the Hotel sector where the final valuation came higher than its original value.

• Modified Parking Penalties are higher than budget while Parking Fees/Charges are below budget.

The variance to budget is being investigated. The new Parking fees structure is to come intoeffect from 10 January 2000.

• Investment earnings exceeded budget with lower levels of Capital Expenditure in the first half of

the year and rising money market interest rates.

• Mindarie Regional Council Surplus distribution was received providing an extra $73,935 inrevenue.

• Grants contributions received exceeded budget estimates. Contribution to Bike West PathExtension came at $472,000 compared to $200,000 in the budget. In addition we received$100,000 contribution towards the Christmas decorations that was unbudgeted.

EXPENDITURE:

Total Expenditure for the Period

0

10000000

20000000

30000000

40000000

50000000

60000000

Jul

Aug Sep Oct

Nov

Dec Jan

Feb

Mar

Apr

May Jun

Do

llars Bgt YTD

Act YTD

Overall expenditure was 10.4% below budget for the period. Details are as follows: • The repeal of the Parking Facilities Act and the discontinuation of CATS payment contributed to

under expenditure in Parking Operations. Budget figures will be revised in the next quarter toreflect the change.



A backlog of processing parking penalty enforcements is also reflected as under expenditure in

that area. • Several large planning projects and studies, such as City Planning Scheme and Heritage Database

are due to be incurred in the next half of the year.

• Several donations included in the budget are yet to be paid in the coming months. • Areas of over expenditure include the WA Fire Brigade Board Levy and Security Surveillance.

These items were under budgeted. Higher GRV’s on properties and $113,000 in back pay toSurveillance Officers gave rise to higher expenditure.

CAPITAL:

Capital Expenditure

05000000

100000001500000020000000250000003000000035000000400000004500000050000000

Jul

Aug Sep Oct

Nov

Dec Jan

Feb

Mar

Apr

May Jun

Do

llars

Budget

Actual

Capital expenditure incurred during the period are well below budget as major capital work willpredominantly occur in the second half of the financial year. • Large projects involving major work commencing in the March quarter include His Majesty’s No

5, Concert Hall Redevelopment and Osborne Park Depot. • Work on the Lake Street No 8 and Royal Street Car Parks was well advanced at close of

December. • Substantial work was completed during the period on Road Reserves and Area Redevelopment,

including street enhancement and greening unsightly areas. • The Access contribution of $2 million payable by the City is due to be settled in March 2000.

COMMENTS:

The City’s income earned and expenditure incurred for the period ended 31 December 1999 arewithin budget. It is recommended that the financial statements be received.




That the Financial Statements for the period ended 31 December 1999 as detailed inSchedule No.10 be received and included in the minutes of the Council.


108/00 MOTION OF WHICH PREVIOUS NOTICE HAS BEENGIVEN

Nil

109/00 REPRESENTATION ON STATUTORY AUTHORITIES ANDPUBLIC BODIES

Nil

110/00 URGENT BUSINESS

ARDEN STREET RESERVE

The following urgent motion was received from Cr Tudori.

Moved by Cr Tudori

That the Council:-

(i) deeply resents the action of the East Perth Redevelopment Authority inoverriding the decision of the Council to retain the public open space, commonlyknown as the Arden Street Reserve, to be shared by the whole community;

(ii) calls upon the Minister for Planning, the Hon. Graham Kierath to rescind theEast Perth Redevelopment Authority’s decision to resume the Arden StreetReserve against the wishes of the democratically elected Council whorepresents the ratepayers;

(iii) seeks legal advice as to the position and a course of action available to theCouncil.



In accordance with clause 3.13 of the City’s Standing Orders, the Lord Mayor ruled thatthis item would not be accepted as Urgent Business.

Motion to dissent

Moved by Cr Tudori, seconded by Cr Davidson

That the Council dissents from the Lord Mayor's ruling.

The motion to dissent was put and lost

The Lord Mayor declared the meeting closed at 7.50pm with Councillors Sutherland, Davidson,Goodman, MacGill, McEvoy, Stroud and Tudori in attendance.

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