ordinary meeting of council...b) mr david maiorana, harley dykstra (applicant) speaking against the...

CITY of SWAN

M I N U T E S

ORDINARY MEETING OF COUNCIL

07 SEPTEMBER 2016

ATTENTION

These minutes are subject to confirmation.

Prior to acting on any resolution of the Council contained in these minutes, a check should be made of the minutes of the following Ordinary Meeting of Council to

ensure that there has not been a correction made to the resolution.

MINUTES AVAILABLE ON THE WEBSITE

www.swan.wa.gov.au

http://www.swan.wa.gov.au/

Ordinary Meeting of Council 07 September 2016

TABLE OF CONTENTS

PART A - OPENING PROCEDURES 6

1. OPENING AND ANNOUNCEMENT OF VISITORS 6

2. DISCLAIMER (READ ALOUD BY PRESIDING MEMBER) 6

3. ATTENDANCE AND APOLOGIES 6

4. DECLARATIONS OF FINANCIAL AND PROXIMITY INTERESTS AND INTERESTS AFFECTING IMPARTIALITY 7

5. PUBLIC QUESTION TIME 8

5.1 ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE 8

5.2 QUESTIONS RELATING TO REPORTS CONTAINED IN THE AGENDA 8

5.3 OTHER QUESTIONS 9

6. PUBLIC STATEMENT TIME 9

7. PETITIONS 9

8. DEPUTATIONS 9

9. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION 10

9.1 ANNOUNCEMENTS 10

9.2 RATES PRIZE DRAW 11

10. MEMBERS' QUESTIONS 12

10.1 ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE 12

10.2 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN 12

10.3 QUESTIONS OF WHICH DUE NOTICE HAS NOT BEEN GIVEN 12

11. LEAVE OF ABSENCE 12

12. CONFIRMATION OF MINUTES 13

13. ANY BUSINESS LEFT OVER FROM PREVIOUS MEETING 14

13.1 GUILDFORD ACCESS AND PARKING STRATEGY 14

PART B - REPORTS 18

1. CORPORATE PLANNING AND POLICY 18

1.1 DRAFT FRAUD AND CORRUPTION POLICY AND PLAN 18

1.2 DRAFT POLICY - COMPLIANCE 19

1.3 POLICY REVIEW - INVESTMENT OF SURPLUS FUNDS 20

1.4 POLICY REVIEW - COMMERCIALISATION 21

1.5 POLICY REVIEW - MEDIA PROTOCOLS 22

1.6 POLICY REVIEW - ENFORCEMENT 23

1.7 PROPOSED POLICY POL-LP-11 - VARIATION TO DEEMED TO COMPLY REQUIREMENTS OF THE R-CODES - MEDIUM DENSITY SINGLE HOUSE DEVELOPMENT STANDARDS (R-MD CODES) 24


2. COMMUNITY PLANNING AND DEVELOPMENT 25

2.1 ADOPTION OF MIDLAND ACTIVITY CENTRE STRUCTURE PLAN 25

2.2 ADOPTION OF LOCAL RURAL PLANNING STRATEGY 27

3. STATUTORY PLANNING 29

3.1 REQUEST FOR A METROPOLITAN REGION SCHEME AMENDMENT - PRECINCT 7 HAZELMERE ENTERPRISE AREA STRUCTURE PLAN - TALBOT ROAD, HAZELMERE 29

3.2 PROPOSED AMENDMENT TO LOCAL PLANNING SCHEME NO.17 (AMENDMENT NO.83) - ADDITIONAL USES OF 'CARAVAN PARK' AND 'PARK HOME PARK' - LOT 1546 AND PORTION OF LOT 22 OLD WEST ROAD, BULLSBROOK 30

3.3 PROPOSED EARTHWORKS AND LANDSCAPING - LOT 196 (NO. 133) CONNEMARA DRIVE, BRIGADOON (DA657-15) 31

3.4 PROPOSED GROUPED DWELLING - LOT 10 (NO.4260) WEST SWAN ROAD, WEST SWAN (DA344-16) 32

4. OPERATIONAL MATTERS 35

5. FINANCIAL AND LEGAL MATTERS 36

6. GOVERNANCE 37

7. REPORTS OF THE CHIEF EXECUTIVE OFFICER 38

8. ADOPTION OF THOSE RECOMMENDATIONS CONTAINED IN ITEMS NOT WITHDRAWN 39

9. URGENT BUSINESS 40

PART C - OTHER BUSINESS AND CLOSING PROCEDURES 42

1. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 42

2. NOTICE OF MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING IF GIVEN DURING THE MEETING 42

3. CONFIDENTIAL ITEMS 43

C3.1 NATIONAL BROADBAND NETWORK INFRASTRUCTURE PROPOSAL 43

4. CLOSURE 44


CITY of SWAN

ORDINARY COUNCIL

MEETING

PART A

OPENING PROCEDURES

07 SEPTEMBER 2016


MINUTES OF THE ORDINARY MEETING OF COUNCIL

HELD AT MIDLAND TOWN HALL

ON WEDNESDAY 7 SEPTEMBER 2016 COMMENCING AT 5.30PM

PART A - OPENING PROCEDURES

1. OPENING AND ANNOUNCEMENT OF VISITORS

The Mayor welcomed those present and opened the meeting at 5.30pm.

2. DISCLAIMER (READ ALOUD BY PRESIDING MEMBER)

The City of Swan disclaims any liability for any loss arising from any person or body relying on any statement, discussion, recommendation or decision made during this meeting.

Where an application for an approval, a licence, or the like is considered or determined during this meeting the City warns that neither the applicant nor any other person or body should rely upon that discussion or determination until written notice of either an approval and the conditions which relate to it or the refusal of the application has been issued by the City.

Conditions of Entry: No electronic, visual or audio recording or transmitting device or instrument is permitted to be used. A person who breaches this provision of the City of Swan Meeting Procedures Local Law 2015 will be required to immediately leave the premises.

3. ATTENDANCE AND APOLOGIES

Councillors: Cr M Wainwright Mayor, Altone Ward (Presiding Member) Cr D Lucas Deputy Mayor, Altone Ward

Cr D Färdig Altone Ward Cr M Haynes Ballajura Ward (from 5.40pm) Cr A Kovalevs Ballajura Ward Cr J McNamara Ballajura Ward (from 5.48pm until 7.28pm) Cr C McCullough Ellenbrook Ward Cr D McDonnell Ellenbrook Ward Cr P Williams Ellenbrook Ward (from 5.32pm) Cr M Elliott Midland/Guildford Ward Cr I Johnson Midland/Guildford Ward Cr D Parasiliti Midland/Guildford Ward Cr K Bailey North Ward

Cr D Trease Swan Valley/Gidgegannup Ward


Staff: Mr J Coten A/Chief Executive Officer Mr M Bishop Executive Manager Community Wellbeing Mr D Bruce A/Executive Manager Operations Mr C Cameron Executive Manager Corporate Mrs K Leahy Executive Manager Stakeholder Relations Mr S Tan Executive Manager Planning and

Development Mr P Russell Manager Statutory Planning Mr J Blanchard Manager Governance Mr D Newman Coordinator Stakeholder Relations and

Engagement Ms K Phillips Media Relations Officer Ms M Dwyer Governance Support Officer (Minute

Clerk) Leave of Absence: Cr R Henderson Swan Valley/Gidgegannup Ward Apologies: Nil

Members of the Public: 15 (approximately)

Media: 1

4. DECLARATIONS OF FINANCIAL AND PROXIMITY INTERESTS AND INTERESTS AFFECTING IMPARTIALITY

Cr McNamara declared a financial interest in Item C3.1 - National Broadband Network Infrastructure Proposal by virtue of his business being a beneficiary of the project.


5. PUBLIC QUESTION TIME

Public question time commenced at 5.32pm.

5.1 ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE

5.1.1 Mrs Barbara Dundas President, Guildford Association

Q1 Would the City please confirm the success or refusal of the request to the Public Transport Authority for free weekday parking after 6pm and free weekend parking at the Guildford Train Station?

A1 The City is still discussing use of the PTA parking facilities in Guildford for non-Transperth patrons with the PTA and therefore we are unable to provide a response at this time.

Cr Williams entered the Chamber at 5.32pm.

Mrs Dundas asked a follow up question:

Q1 I received a letter from the PTA advising the City had been advised that after hours weekday parking was not available. Is this not correct?

A1 The Mayor advised that the City is still in negotiations with the PTA. Following receipt of a letter from the PTA the City has been continuing to negotiate.

Executive Manager Stakeholder Relations confirmed that the City is still negotiating a formal arrangement and the matter has not yet been finalised.

5.2 QUESTIONS RELATING TO REPORTS CONTAINED IN THE AGENDA

5.2.1 Questions of which due notice has been given

5.2.1.1Ms Michelle Roberts Member for Midland

Q1 Has the Public Transport Authority (PTA) advised the City of Swan that it is prepared to allow general public access to parking bays that are under PTA control in Guildford?

Q2 If so, how many bays are available on each day of the week and at what times?

Q3 If not, should those bays be excluded from the Guildford Parking Study, given that those bays are reserved exclusively for patrons utilising public transport?

Q4 Has the PTA or Minister for Transport given any commitment to vary its current parking policy?

Q5 If so, what is the nature of the commitment and on what date was it given?


A1-5 Executive Manager Stakeholder Relations advised the City is still discussing use of the PTA parking facilities in Guildford for non-Transperth patrons with the PTA and therefore we are unable to provide a response at this time.

5.2.2 Questions without due notice

Nil

5.3 OTHER QUESTIONS

5.3.1 Questions of which notice has been given

Nil

5.3.2 Questions without notice

Nil

Public question time concluded at 5.35pm as there were no further questions.

6. PUBLIC STATEMENT TIME

Nil

7. PETITIONS

Nil

8. DEPUTATIONS

8.1 Item 13.1 - Guildford Access and Parking Strategy

a) Ms Barbara Dundas, Guildford Association speaking to the item.

Cr Haynes entered the Chamber at 5.40pm.

b) Mr Clive Lowe (Guildford resident) speaking to the item.

8.2 Item 1.3 - Policy Review - Investment of Surplus Funds

a) Ms Jeanette Huston, 350.org speaking to that part of the policy relating to divestment.

Cr McNamara entered the Chamber at 5.48pm.

8.3 Item 2.2 - Adoption of Local Rural Planning Strategy

a) Ms Michelle James speaking against the recommendation (in relation to Gidgegannup rural living development).


8.4 Item 3.2 - Proposed Amendment to Local Planning Scheme No.17 (Amendment No.83) - Additional Uses of 'Caravan Park' and 'Park Home Park' - Lot 1546 and Portion of Lot 22 Old West Road, Bullsbrook

a) Mrs Anne Sibbel speaking in support of the recommendation.

b) Mr David Maiorana, Harley Dykstra (applicant) speaking against the recommendation.

8.5 Item 3.4 - Proposed Grouped Dwelling - Lot 10 (No.4260) West Swan Road, West Swan (DA344-16)

a) Mr Joe Algeri, Altus Planning & Appeals (applicant) speaking against the recommendation.

Cr Parasiliti left the Chamber at 6.20pm.

Cr Parasiliti entered the Chamber at 6.21pm.

9. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION

9.1 ANNOUNCEMENTS

The City of Swan hosted a delegation from the district of Jinan, China. Councillors and I gave the delegation an overview of local government in Australia and highlighted some of our investment and tourism opportunities.

Cr Henderson, Cr Williams and I participated in the Clean Up Lord Street day on 27 August and I congratulate everyone who attended as it was a very wet morning. Clean Up Lord Street preceded the City of Swan’s Reduce Illegal Dumping or RID campaign

Congratulations to Christl Wulff, winner of the City sponsored City of Swan Award at the Ellenbrook Open Art Awards. This Award is presented to the most outstanding work by a City of Swan resident. The Awards, hosted by Ellenbrook Arts celebrate all forms of art and the 122 entrants are all on display at The Gallery in Ellenbrook.

On Monday, the City of Swan hosted the Western Australian Shadow Cabinet and took the Shadow Ministers on a tour of our Urban Growth Corridor. On the tour, Councillors and I showed our guests land reserved for school construction and the Whiteman Park Regional Open Space site.

Last Thursday the City of Swan Minister for Youth Hon Tony Simpson’s announcement, providing $123,200 to Ellenbrook Enhanced Youth Services Project. This project, which is run by Youth Focus, will provide our young people with potentially lifesaving services. This is good news for Council as youth funding in Ellenbrook is something we have been advocating for a long time and this is a good start.

Cr McDonnell took the opportunity to personally thank key Councillors and staff who have for many years advocated for and worked to improve youth issues with limited funding. These driving forces have been Cr Williams, Mr Bishop Executive


Manager Community Wellbeing and members of the Ellenbrook Place team, Mr Spendlove, Ms Easthope and Ms Jorgenson.

9.2 RATES PRIZE DRAW

The Rates Prize Draw was introduced to provide an incentive to ratepayers to pay their rates on time, rather than a discount. This year the prizes include two cars, holidays and other significant prizes.

Steps have been put in place to randomise the selection. The first level involves the allocation of a randomised number sequence against each paid assessment number prior to the draw. The second level occurs through the use of a Random Between formula available in Microsoft Excel, when the button is pressed. The third level of randomisation occurs at the Prize Draw function when the winners will be drawn one by one to determine their actual prize.

The process has been audited by Macri Partners Accounting Firm and Mr Amit Khetani from Macri Partners is present in the Public Gallery to witness the draw.

Winners of the draw are as follows (in order drawn):

Julian Philip Hanna and Patricia Gail Hanna

David Watson Keller

David John Baron and Marika Coppolino

John Peter Truslove and Sarah Jane Truslove

Landrow Pty Ltd and 85 Spring Street Properties and DCA Projects Pty Ltd and Martindale Pty Ltd

Joanna Krystyna Roclawska

David Edward Walters

Julie Toh

Trevor James Burgess and Andrekita Burgess

Elizabeth Anne Whittles and Maurice Anthony Whittles

Joy Plant

Sally Margaret Baxter and John Richard Baxter

Cr McDonnell left the Chamber at 6.28pm

Cr McDonnell entered the Chamber at 6.29pm.


Five additional names were also drawn as a contingency in the case one of the above payments was not cleared. These were (in order drawn):

John James Corey

Noel De Bono

Gillian Faye Holmes

Brendan Francis McCloat

Joseph Thomas Rowe and Kerry Yvonne Rowe

Cr Haynes left the Chamber at 6.31pm.

10. MEMBERS' QUESTIONS

10.1 ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE

Nil

10.2 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

Nil

10.3 QUESTIONS OF WHICH DUE NOTICE HAS NOT BEEN GIVEN

Nil

11. LEAVE OF ABSENCE

RESOLVED UNANIMOUSLY that the following Councillors be granted leave of absence for the period requested:

Cr Trease Swan Valley/Gidgegannup Ward 15 November 2016 to 27 November 2016

(Cr McDonnell - Cr Kovalevs)


12. CONFIRMATION OF MINUTES

12.1 Confirmation of Minutes of Ordinary Meeting of Council held on 17 August 2016.

RESOLVED UNANIMOUSLY that the minutes of the Ordinary Meeting of Council held on 17 August 2016 be confirmed subject to:

1) Amending the name of the organisation named in Part 5 of the Motion and Resolution of Council in relation to Item 3.3 - Proposed Patio - Lot 1 (No.2171) Toodyay Road, Gidgegannup (Gidgegannup Showgrounds) (DA459-16) from Gidgegannup Recreation Club to Gidgegannup Agricultural Society in order to correct the error of the incorrect organisation name.

(Cr Bailey - Cr Elliott)

Cr Haynes entered the Chamber at 6.33pm.


13. ANY BUSINESS LEFT OVER FROM PREVIOUS MEETING

13.1 GUILDFORD ACCESS AND PARKING STRATEGY

Ward: (Midland/Guildford Ward) (Commercial and Economic Development)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Stakeholder Relations)

RECOMMENDATION

That the Council resolve to:

1) Adopt the Guildford Access and Parking Strategy (July 2016) as the key guiding document for the development and use of parking in the future.

MOTION that the Council resolve to:

1) Adopt the Guildford Access and Parking Strategy (August 2016) as the key guiding document for the development and use of parking in the future; and

2) As part of the implementation of the Guildford Access and Parking Strategy, priority be given to:

a. actions that help improve enforcement and compliance, with particular focus around the Guildford Hotel and the Woodbridge Hotel,

b. updating the cash in lieu policy to be used for the creation, management of, or improvement to public parking, and

c. ensuring street dimensions are assessed in accordance with relevant standards.

3) Record the reason for changing the staff recommendation is that in discussions with residents and ratepayers it has been identified that there are discrepancies with street parking availability and differing opinions on whether parking issues are compliance, management or supply issues.

(Cr Parasiliti - Cr Elliott)


AMENDMENT TO THE MOTION

Insert as Part 3:

3) The City recognises that the Guildford Access and Parking Strategy car parking survey was conducted over two days in March 2016 via desktop survey and the number of public parking bays is disputed by Guildford residents.

Only an actual physical street by street survey in Guildford will provide an accurate car bay number and this will be undertaken during the implementation of the strategy.

(Cr Lucas – Cr Parasiliti)

THE AMENDMENT WAS PUT TO THE VOTE AND CARRIED (UNANIMOUSLY)

THE AMENDMENT BECAME PART OF THE SUBSTANTIVE MOTION


Insert as Part 4:

4) During implementation consult with locally impacted residents.

(Cr Johnson – Cr McCullough)

THE AMENDMENT WAS PUT TO THE VOTE AND CARRIED (11/3)

For: Crs Bailey, Elliott, Färdig, Haynes, Johnson, Lucas, McCullough, McNamara, Parasiliti, Wainwright and Williams

Against: Crs Kovalevs, McDonnell and Trease




Amend Part 4 to read:

4) During implementation consult with locally impacted residents and businesses.

(Cr Bailey – Cr Parasiliti)

THE AMENDMENT WAS PUT TO THE VOTE AND CARRIED (UNANIMOUSLY)


RESOLVED UNANIMOUSLY TO:

1) Adopt the Guildford Access and Parking Strategy (August 2016) as the key guiding document for the development and use of parking in the future; and

2) As part of the implementation of the Guildford Access and Parking Strategy, priority be given to:

a. actions that help improve enforcement and compliance, with particular focus around the Guildford Hotel and the Woodbridge Hotel,

b. updating the cash in lieu policy to be used for the creation, management of, or improvement to public parking, and

c. ensuring street dimensions are assessed in accordance with relevant standards.

3) The City recognises that the Guildford Access and Parking Strategy car parking survey was conducted over two days in March 2016 via desktop survey and the number of public parking bays is disputed by Guildford residents.

Only an actual physical street by street survey in Guildford will provide an accurate car bay number and this will be undertaken during the implementation of the strategy.

4) During implementation consult with locally impacted residents and businesses.

5) Record the reason for changing the staff recommendation is that in discussions with residents and ratepayers it has been identified that there are discrepancies with street parking availability and differing opinions on whether parking issues are compliance, management or supply issues.


CITY of SWAN

ORDINARY COUNCIL

MEETING

PART B

REPORTS

07 SEPTEMBER 2016


PART B - REPORTS

1. CORPORATE PLANNING AND POLICY

1.1 DRAFT FRAUD AND CORRUPTION POLICY AND PLAN

Ward: (No Wards) (Governance)


Authorised Officer: (Executive Manager Corporate)

RECOMMENDATION

The Governance Committee recommends that Council resolves to:

1) Adopt policy POL-C-164 Fraud and Corruption Control and the Fraud and Corruption Control Plan.

CARRIED


1.2 DRAFT POLICY - COMPLIANCE

Ward: (No Wards) (Governance)



RECOMMENDATION

The Governance Committee recommends that Council resolve to:

1) Adopt policy POL-C-162 Compliance.

CARRIED


1.3 POLICY REVIEW - INVESTMENT OF SURPLUS FUNDS

Ward: (No Wards) (Financial Services and Rates)



RECOMMENDATION


1) Adopt policy POL-C-018 Investment of Surplus Funds.

CARRIED


1.4 POLICY REVIEW - COMMERCIALISATION

Ward: (No Wards) (Commercial and Economic Development)



RECOMMENDATION


1) Adopt policy POL-C-157 Commercialisation.

CARRIED


1.5 POLICY REVIEW - MEDIA PROTOCOLS

Ward: (No Wards) (Marketing and Public Relations)



RECOMMENDATION


1) Adopt policy POL-C-134 Media Protocols.

CARRIED


1.6 POLICY REVIEW - ENFORCEMENT

Ward: (No Wards) (Health & Building Services)


Authorised Officer: (Executive Manager Planning & Development)

RECOMMENDATION


1) Repeal policy POL-C-152 Food Regulation, Compliance & Enforcement.

CARRIED


1.7 PROPOSED POLICY POL-LP-11 - VARIATION TO DEEMED TO COMPLY REQUIREMENTS OF THE R-CODES - MEDIUM DENSITY SINGLE HOUSE DEVELOPMENT STANDARDS (R-MD CODES)

Ward: (All Wards) (Statutory Planning)


Authorised Officer: (Executive Manager Planning & Development)

RECOMMENDATION


1) Adopt Local Planning Policy POL-LP-11 Variation to Deemed-to-Comply Requirements of the R-Codes – Medium-density single house development standards (R-MD Codes).

CARRIED


2. COMMUNITY PLANNING AND DEVELOPMENT

2.1 ADOPTION OF MIDLAND ACTIVITY CENTRE STRUCTURE PLAN

Ward: (Midland/Guildford Ward) (Strategic Planning)


Authorised Officer: (Executive Manager Planning and Development)

RECOMMENDATION


1) Adopt the amended Midland Activity Centre Structure Plan (MACSP).

2) Forward the amended Midland Activity Centre Structure Plan (MACSP) to the Western Australian Planning Commission for endorsement.


1) Defer consideration of the matter until the Ordinary Meeting of Council to be held on 28 September 2016.

2) Conduct a briefing with interested Councillors to discuss the Midland Activity Centre Structure Plan (MACSP).

3) Record the reason for changing the staff recommendation is that a number of Councillors have not been briefed and it is an important matter to fully understand.

(Cr Johnson – Cr McCullough)

Cr McDonnell made comments which adversely reflected on Cr Johnson within the scope of clause 7.16 of the Meeting Procedures Local Law.

Cr McDonnell withdrew the adverse reflection, and made a satisfactory apology as required under clause 7.17 of the Meeting Procedures Local Law.

MOTION WAS PUT TO THE VOTE AND LOST (2/12)

For: Crs Johnson and McCullough

Against: Crs Bailey, Elliott, Färdig, Haynes, Kovalevs, Lucas, McDonnell, McNamara, Parasiliti, Trease, Wainwright and Williams


MOTION that the Council resolve to adopt the staff recommendation.

(Cr Elliott – Cr Parasiliti)


1) Adopt the amended Midland Activity Centre Structure Plan (MACSP).

2) Forward the amended Midland Activity Centre Structure Plan (MACSP) to the Western Australian Planning Commission for endorsement.


2.2 ADOPTION OF LOCAL RURAL PLANNING STRATEGY

Ward: (All Wards) (Strategic Planning)



RECOMMENDATION


1) Adopt the City of Swan Local Rural Planning Strategy (2016).

2) Forwarded the City of Swan Local Rural Planning Strategy (2016) to the Western Australian Planning Commission for final endorsement.

3) Inform those who made submissions accordingly.


1) Defer consideration of this item until the Ordinary Meeting of Council to be held on 19 October 2016.

2) Facilitate a meeting with staff, Ward Councillors and Mr and Mrs James and Burgess Design Group to discuss the City’s recommendation.

3) Record the reason for changing the staff recommendation is that an interested party wishes to make a deputation to Council on this Strategy and is unavailable until this time.

(Cr Trease – Cr Parasiliti)

Cr Parasiliti left the Chamber at 7.14pm.

Cr Parasiliti entered the Chamber at 7.15pm.


RESOLVED (10/4) TO:

1) Defer consideration of this item until the Ordinary Meeting of Council to be held on 19 October 2016.

2) Facilitate a meeting with staff, Ward Councillors and Mr and Mrs James and Burgess Design Group to discuss the City’s recommendation.

3) Record the reason for changing the staff recommendation is that an interested party wishes to make a deputation to Council on this Strategy and is unavailable until this time.

For: Crs Haynes, Johnson, Kovalevs, Lucas, McCullough, McDonnell, McNamara, Parasiliti, Trease and Williams

Against: Crs Bailey, Elliott, Färdig and Wainwright


3. STATUTORY PLANNING

3.1 REQUEST FOR A METROPOLITAN REGION SCHEME AMENDMENT - PRECINCT 7 HAZELMERE ENTERPRISE AREA STRUCTURE PLAN - TALBOT ROAD, HAZELMERE

Ward: (Midland/Guildford Ward) (Statutory Planning)



RECOMMENDATION


1) Recommend that the Western Australian Planning Commission prepare a Metropolitan Region Scheme Amendment for the land North of Talbot Road identified in the Hazelmere Enterprise Area Structure Plan as Precinct 7 rezoning the land from ‘Rural’ to ‘Industrial’.

2) Forward the resolution to the Western Australian Planning Commission for consideration.

CARRIED


3.2 PROPOSED AMENDMENT TO LOCAL PLANNING SCHEME NO.17 (AMENDMENT NO.83) - ADDITIONAL USES OF 'CARAVAN PARK' AND 'PARK HOME PARK' - LOT 1546 AND PORTION OF LOT 22 OLD WEST ROAD, BULLSBROOK

Ward: (North Ward) (Statutory Planning)



RECOMMENDATION


1) Refuse proposed Amendment No.83 for Additional Uses of 'Caravan Park' and 'Park Home Park' on Lot 1546 and part of Lot 22 Old West Road, Bullsbrook as it is considered inappropriate to support a caravan park/ park home park that may negatively impact upon the use of the land or adjacent land for rural activities or that may negatively impact upon the natural environment, including the adjacent Neaves Road Nature Reserve, which is listed as critically endangered in Western Australia and as nationally threatened.

2) Recommend refusal to the Western Australian Planning Commission and advise the Applicant of Council's decision accordingly.

CARRIED


3.3 PROPOSED EARTHWORKS AND LANDSCAPING - LOT 196 (NO. 133) CONNEMARA DRIVE, BRIGADOON (DA657-15)

Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning)



RECOMMENDATION


1) Grant approval of the application for Earthworks and Landscaping on Lot 196 (No.133) Connemara Drive, Brigadoon, subject to the following conditions:

1. This approval is for “Earthworks and Landscaping” as illustrated on the submitted plans stamped date received by the City of Swan on 29 June 2016.

2. The “Earthworks” shall be screened with landscaping (as indicated on the approved plan) which is to be continually maintained to an effective standard to the satisfaction of the City of Swan.

3. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.

ADVICE NOTES: Standard advice notes apply.

2) Advise the applicant/owner of the resolution of Council and relevant advice notes pertaining to the approval.

3) Advise all submitters of Council’s decision accordingly.

CARRIED


3.4 PROPOSED GROUPED DWELLING - LOT 10 (NO.4260) WEST SWAN ROAD, WEST SWAN (DA344-16)

Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning)

Disclosure of Interest: Nil.


RECOMMENDATION


1) Refuse to grant approval to the application for a “Grouped Dwelling” on Lot 10 (No.4260) West Swan Road, West Swan, pursuant to Local Planning Scheme No.17 for the following reasons:

1. Development of a grouped dwelling on the subject lot is not considered to be consistent with the objectives of the Swan Valley Rural Zone under the City of Swan Local Planning Scheme No.17, inclusive of planning objectives 1, 4 and 7 for Area B under the Swan Valley Planning Act 1995 because it will impair the capacity of the land to be used for productive rural activity, be it viticulture or some other form of horticulture; and

2. Development of a grouped dwelling is not consistent with the intent of the Draft Swan Valley Development Plan 2015, where such use is designated an “X” use for the Swan Valley Rural Zone.

2) Advise the applicant and all those who have made a submission of Council’s decision accordingly.


1) Adopt Option 2 as provided in the Officer's report.

2) Record the reason for changing the staff recommendation is that the use is currently an ‘A’ use, not an ‘X’ use.

(Cr Färdig - Cr Trease)



Cr Trease requested that the following Condition be added to the approval:

Restrict tenancy to family members only.

A memorial shall be prepared by the City’s solicitors (currently McLeods) to the satisfaction of the City of Swan and all costs of and incidental to the preparation of the memorial and registration on the title shall be met by the owner of the land.

The mover of the substantive motion agreed to the amendment.


1) Not accept the advice of the Swan Valley Planning Committee that:

i. A secondary home will quarantine that much of the subject lot that it would prejudice it from being used for viticultural/agricultural uses in the future; nor

ii. A secondary home will have an adverse impact on the rural character of the locality, given the prevailing lot sizes and built form coverage on lots within the locality.

2) Grant approval to the application for a “Grouped Dwelling” on Lot 10 (No.4260) West Swan Road, West Swan, subject to the following conditions:

1. This approval is for a “Grouped Dwelling” as defined in the City’s Local Planning Scheme No.17 and the subject land may not be used for any other use without the prior approval of the City.

2. A Notification under Section 70A of the Transfer of Land Act 1893 must be registered over the certificate of title to the land the subject of the proposed development prior to the lodgement of an application for a building permit. The notification shall notify owners and prospective purchasers of the land that the land is affected by aircraft noise.

3. Restrict tenancy to family members only.

A memorial shall be prepared by the City’s solicitors (currently McLeods) to the satisfaction of the City of Swan and all costs of and incidental to the preparation of the memorial and registration on the title shall be met by the owner of the land.

4. Vehicle access onto the site shall be restricted to that shown on the approved site plan.

5. All stormwater produced on the site shall be disposed of on the site to the satisfaction of the Chief Executive Officer.


6. Earthworks over the site and batters must be stabilised to prevent sand blowing, and appropriate measures must be implemented within the time and in the manner directed by the City in the event that sand is blown or drifts from the site.

7. Earthworks, footings and/or structures are not to extend over any lot boundaries.

8. The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant's expense.


4. OPERATIONAL MATTERS

Nil


5. FINANCIAL AND LEGAL MATTERS

Nil


6. GOVERNANCE

Nil


7. REPORTS OF THE CHIEF EXECUTIVE OFFICER

Nil


8. ADOPTION OF THOSE RECOMMENDATIONS CONTAINED IN ITEMS NOT WITHDRAWN

RESOLVED UNANIMOUSLY that the reports of Council in Part B of the Agenda be received and the recommendations therein adopted, with the exception of recommendations concerning the following items which were previously considered:

Items 2.1 2.2

3.4

(Cr Bailey – Cr Haynes)


9. URGENT BUSINESS

Nil


CITY of SWAN

ORDINARY COUNCIL

MEETING

PART C

OTHER BUSINESS

AND CLOSING PROCEDURES

07 SEPTEMBER 2016


PART C - OTHER BUSINESS AND CLOSING PROCEDURES

1. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil

2. NOTICE OF MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING IF GIVEN DURING THE MEETING

Nil


3. CONFIDENTIAL ITEMS

C3.1 NATIONAL BROADBAND NETWORK INFRASTRUCTURE PROPOSAL

Ward: (Ballajura Ward) (Commercial and Economic Development)



REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following:

(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting

Cr McNamara declared a financial interest in Item C3.1 - National Broadband Network Infrastructure Proposal by virtue of his business being a beneficiary of the project.

Cr McNamara left the Chamber at 7.28pm and did not return. He did not speak or otherwise participate in the decision making process.


1) Approve Part 1, Option 3 of the report for the Malaga business district.

2) Consider Redtrain as the only available supplier for the Malaga project and waive this procurement from the requirement to go to public tender.

3) Approve the CEO to finalise contractual negotiations with the proponent as aligned to Part 1 of the recommendation (above).


4. CLOSURE

There being no further business, the Presiding Member, Cr Wainwright, thanked those present for their attendance and declared the meeting closed at 7.29pm.

ordinary meeting of council...b) mr david maiorana, harley dykstra (applicant) speaking against the...

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