ordinary meeting of council...ordinary meeting of council 24 july 2013 page 3 (no.84) benara road,...

Ordinary Meeting of Council 24 July 2013

CITY of SWAN

M I N U T E S

ORDINARY MEETING OF COUNCIL

24 JULY 2013

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


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. ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE 7

5. DECLARATIONS OF FINANCIAL INTERESTS AND INTERESTS AFFECTING

IMPARTIALITY 7

6. PUBLIC QUESTION TIME 8

7. PUBLIC STATEMENT TIME 9

8. LEAVE OF ABSENCE 9

9. PETITIONS, PRESENTATIONS AND DEPUTATIONS 9

10. CONFIRMATION OF MINUTES 11

11. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION 11

12. DECLARATIONS BY MEMBERS WHETHER THEY HAVE GIVEN DUE

CONSIDERATION TO ALL MATTERS CONTAINED IN THE AGENDA

PRESENTLY BEFORE THE MEETING 11

13. MEMBERS' QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

WITHOUT DISCUSSION 11

14. MEMBERS' QUESTIONS OF WHICH NOTICE HAS NOT BEEN GIVEN

WITHOUT DISCUSSION 11

15. ANY BUSINESS LEFT OVER FROM PREVIOUS MEETING 12

PART B - REPORTS 15

1. CORPORATE PLANNING AND POLICY 15

1.1 POLICY REVIEW - POL-C-108 BUILDING FACILITIES MANAGEMENT 15

1.2 POLICY REVIEW - POL-C-139 LEASING OF COMMUNITY FACILITIES 15

1.3 POLICY REVIEW - POL-C-141 COUNCILLOR ALLOWANCES AND

ENTITLEMENTS 16

1.4 REVIEW - CODE OF CONDUCT 17

2. COMMUNITY PLANNING AND DEVELOPMENT 17

3. STATUTORY PLANNING 17

3.1 PROPOSED MULTIPLE DWELLING (10 UNITS) ON LOT 225 (NO.7) NORTH

STREET, MIDLAND 17

3.2 PROPOSED MODIFICATION TO CAVERSHAM LOCAL STRUCTURE PLAN ODP

150/C FOR CELL 5 AREA - LOT 7983 WALDECK ROAD, LOTS 9 (NO.98) & 19


(NO.84) BENARA ROAD, LOT 9401 BENNETT STREET, LOT 14458 ISON

COURT, LOTS 1055, 92 (NO.151) & LOT 9402 SUFFOLK STREET, CAVERSHAM 21

3.3 MODIFICATION TO FRONT SETBACK OF SINGLE DWELLING - LOT 96 (NO.36)

DALGETY ROAD, MIDDLE SWAN 22

3.4 EXTENSION TO A NON-CONFORMING USE - RETROSPECTIVE EXPANSION TO

TRANSPORT DEPOT ON LOT 201 MIDLAND ROAD HAZELMERE 23

3.5 ADOPTION OF THE CITY'S HERITAGE STRATEGIC PLAN 26

3.6 FINAL ADOPTION OF AMENDMENT NO.96 TO LOCAL PLANNING SCHEME

NO.17 - CREATION OF A DEVELOPMENT CONTRIBUTION AREA (DCA5) FOR

LOT 9500 MARALLA RD, PORTION OF LOT 9228 BANROCK DR, LOT 9000

RAILWAY PDE, LOTS ALONG DALMILLING DR 27

3.7 FUNDING FOR MIDLAND FREIGHT RAIL REALIGNMENT OPTION SELECTION

STUDY 28

4. OPERATIONAL MATTERS 29

4.1 PETITION - LACK OF WATERING AT TINDALE PARK, AVELEY 29

4.2 TRAFFIC CALMING IN BRONZEWING AVENUE, ELLENBROOK 29

5. FINANCIAL AND LEGAL MATTERS 30

5.1 FINANCIAL MANAGEMENT REPORT - JUNE 2013 30

5.2 ACCOUNT AND DEBIT REPORT JUNE 2013 30

6. GOVERNANCE 31

6.1 PROPOSED DATES FOR ORDINARY COUNCIL MEETINGS - JANUARY TO

DECEMBER 2014 31

6.2 MINUTES OF THE GOVERNANCE COMMITTEE MEETING HELD ON 9 JULY 2013 31

7. REPORTS OF THE CHIEF EXECUTIVE OFFICER 32

7.1 REQUEST FOR CITY DELEGATION TO VISIT TO CHINA 32

8. MOTION TO ADOPT THOSE ITEMS NOT WITHDRAWN 32

9. URGENT BUSINESS 32

PART C - OTHER BUSINESS AND CLOSING PROCEDURES 35

1. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 35

2. NOTICE OF MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING

IF GIVEN DURING THE MEETING 35

3. CONFIDENTIAL ITEMS 35

4. CLOSURE 35


CITY of SWAN

ORDINARY COUNCIL

MEETING

PART A

OPENING PROCEDURES

24 JULY 2013


MINUTES OF THE ORDINARY MEETING OF COUNCIL

HELD AT MIDLAND TOWN HALL

ON WEDNESDAY 24 JULY 2013 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 audio recording, video recording, or photography is

permitted within the premises. A person who breaches this condition of entry will

be required to immediately leave the premises pursuant to the provisions of

Section 6.1 of Council's Standing Orders Local Law 2010.

3. ATTENDANCE AND APOLOGIES

Councillors: Cr C Zannino Mayor, Swan Valley/Gidgegannup Ward

(Presiding Member)

Cr D Färdig Altone Ward

Cr D Lucas Altone Ward

Cr M Haynes Ballajura Ward

Cr J McNamara Ballajura Ward

Cr T Williams Guildford Ward

Cr M Elliott Midland Ward from 6.18PM

Cr S Gregorini Midland Ward

Cr K Bailey North Ward


Staff: Mr M Foley Chief Executive Officer

Mr J Coten Executive Manager Operations

Mr S Tan Executive Manager Planning

Mr M Bishop Executive Manager Place

Ms M Braham Acting Executive Manager Corporate

Mr P Russell Manager Statutory Planning

Ms M Dolling Media Relations Officer

Ms L Leong Coordinator Development Assessment &

Appeals

Ms M Dwyer Governance Support Officer

Mrs M Acott Minute Clerk

Leave of

Absence: Cr N Cheung Ellenbrook Ward

Cr M Congerton Ballajura Ward

Cr J Marino Midland Ward

Cr D Trease Swan Valley/Gidgegannup Ward

Cr M Wainwright Deputy Mayor, Altone Ward

Apologies: Cr P Williams Ellenbrook Ward

Mr C Cameron Executive Manager Corporate

Members of

the Public: 22

Media: 1

4. ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE

Q1. Cr McNamara asked the CEO if a reply has been received from the Director

General of the Department of Planning regarding land at Paradise Quays,

Ballajura which is proposed for development as an aged care facility.

A2. The CEO advised he has contacted the Director General of the Department

of Planning, who indicated that he has personally looked at the letter and

supports the thrust of what Council is trying to achieve. The request has to

go through the planning process and be approved by the WA Planning

Commission (of which he is the Acting Chairman). At this stage it may be

the middle of September before Council receives a response to the letter

with WAPC approval.

5. DECLARATIONS OF FINANCIAL INTERESTS AND INTERESTS

AFFECTING IMPARTIALITY

Nil


6. PUBLIC QUESTION TIME

6.1 Questions relating to reports contained in the agenda

6.1.1 Questions of which due notice has been given in writing or

previously taken on notice

Nil

6.1.2 Questions without notice

Nil

6.2 Other Questions

6.2.1 Questions of which due notice has been given in writing or

previously taken on notice

Nil

6.2.2 Questions without notice

Q1 Yvonne Caldwell asked what the City is doing to facilitate

the transfer of land currently used for an agricultural

program at Lockridge Senior High School but has been

earmarked for use for the Disability Justice Centre.

Q2 Students from Lockridge Senior High School Rose George

and Emily Morgan asked what the City's plans are for the

land currently being used for the school's farm.

Q3 April George asked the current stage of building the

Disability Justice Centres and what are the proposed key

dates of construction.

Q4 Donna Morgan asked have funds been budgeted to ensure

existing infrastructure and facilities in the suburbs are not

impacted by the additional encroachment of the Disability

Justice Centres and is the City aware of what public works

have been used to determine placement of the centres.

Q5 Lisa (inaudible) asked what is Council is doing to stop the

Disability Justice Centres from being built.

A1 - 5 The CEO, Mayor, Crs Färdig and Lucas all spoke to these

questions. They advised the City of Swan do not have

jurisdiction over the placement of the Disability Justice

Centres and the Council has not been consulted in the

decision making process as it is a State Government


issue. Because of this, planning approval is not required

by the City of Swan.

Since the announcement regarding the placement of the

centres, Council has been lobbying the State Government.

As far as Council is aware, the first centre will be built on

the Lord Street site, but are unaware of a date for the

Kiara site. The Minister for Mental Health advised the first

centre should be completed by 2014.

Council has previously tried to have the vacant land to the

East of the school site (referred to as the school farm)

vested within the City, however this request was refused.

Council has requested further information and briefings on

the Kiara site from the Department of Planning and this

has not been forthcoming to date.

It is suggested that concerned residents contact their

Local Member of Parliament and raise these concerns as it

is a State Government issue.

7. PUBLIC STATEMENT TIME

Nil

8. LEAVE OF ABSENCE

RESOLVED UNANIMOUSLY that the following Councillors be granted leave of

absence for the period requested:

Cr Congerton - Ballajura Ward 10 August 2013 - 17 August 2013

Cr Congerton - Ballajura Ward 24 August 2013 - 02 September 2013

Cr McNamara - Ballajura Ward 03 August 2013 - 10 September 2013

(Cr Haynes - Cr Bailey)

9. PETITIONS, PRESENTATIONS AND DEPUTATIONS

9.1 Petitions

9.1.1 Petition containing 24 signatures supporting installation of a safe

pedestrian crossing from the Orchid Park Estate to the local

shopping precinct at Bennett Springs.

9.1.2 Petition containing 17 signatures requesting amendment to the

Gidgegannup Rural Strategy in the City of Swan Town Planning

Scheme No.17.


RESOLVED UNANIMOUSLY that the above petitions be referred to the

Chief Executive Officer and a report be presented to a future Council

meeting.

(Cr Haynes - Cr McNamara)

9.2 Presentations

Nil

9.3 Deputations

9.3.1 Item 3.4 - Extension to a non-conforming use - Retrospective

Expansion to Transport Depot on Lot 201 Midland Road Hazelmere

(a) Mr Eric Denholm, Planning Solutions, speaking for the

recommendation.

9.3.2 Item 3.6 - Final Adoption of Amendment No.96 to Local Planning

Scheme No.17 - Creation of a Development Contribution Area (DCA5) for

Lot 9500 Maralla Rd, Portion of Lot 9228 Banrock Dr, Lot 9000 Railway

Pde, Lots along Dalmilling Dr

(a) Mr Danny Murphy, Ellenbrook Management, speaking against the

recommendation

(b) Mr David Caddy, TPG Town Planning, Urban Design and Heritage

speaking against the recommendation

Cr Haynes left the chamber at 5.58pm

Cr Haynes returned to the chamber at 6.01pm

(c) Mr Behnam Bordbar, Transcore, speaking against the

recommendation

(d) Mr Paul McQueen, Lavan Legal, speaking against the

recommendation


10. CONFIRMATION OF MINUTES

10.1 Confirmation of Minutes of Ordinary Meeting of Council held on 3 July

2013

RESOLVED UNANIMOUSLY that the Minutes of the Ordinary Meeting of Council

held on 3 July 2013 be confirmed.

(Cr Färdig - Cr Bailey)

11. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION

On Tuesday, 30 July 2013 the CEO and Mayor have been invited to a closed briefing by

the Premier and Minister for Local Government regarding the Government’s decision on

the recommendations of the Metropolitan Local Government Review and the ongoing

reform program. Council will be further briefing about this next Wednesday, 31 July

2013.

12. DECLARATIONS BY MEMBERS WHETHER THEY HAVE GIVEN DUE

CONSIDERATION TO ALL MATTERS CONTAINED IN THE AGENDA PRESENTLY BEFORE THE MEETING

All Councillors present declared that they had given due consideration to all

matters contained in the agenda before the meeting.

13. MEMBERS' QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN WITHOUT DISCUSSION

Nil

14. MEMBERS' QUESTIONS OF WHICH NOTICE HAS NOT BEEN GIVEN WITHOUT DISCUSSION

14.1 Cr McNamara

Q1 Regarding the proposed aged care facility in Ballajura and taking into

account the promises and commitments made by both sides of State

politics to assist the City financially with the cost of the removal of the

chlorine buffer at Paradise Quays, Ballajura - will the City pursue the State

Government on the important issue of provision of financial assistance with

this matter?

A1 The CEO took the question on notice.

Cr Elliott entered the chamber at 6.18pm


15. ANY BUSINESS LEFT OVER FROM PREVIOUS MEETING

Item 15.1 - Proposed Multiple Dwelling And Modification To Outline Development

Plan No. 42 - Lot 927 (No. 130) Bridgeman Drive, Bennett Springs

Council at its meeting held on 3 July 2013 resolved to defer this item to enable

further consideration of the shortfall in car parking, reduced setbacks, over height

of 2 parapet walls and the general bulk and scale of the multiple dwellings on the

prevailing existing residential character and amenity of Bennett Springs.

RESOLVED UNANIMOUSLY to:

1) Note that the information be noted in relation to item 15.1 above.

(Cr Lucas - Cr Färdig)


CITY of SWAN

ORDINARY COUNCIL

MEETING

PART B

REPORTS

24 JULY 2013


PART B - REPORTS

1. CORPORATE PLANNING AND POLICY

1.1 POLICY REVIEW - POL-C-108 BUILDING FACILITIES MANAGEMENT

Ward: (No Wards) (Facilities Management)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Operations)

RECOMMENDATION

That the Council resolve to:

1) Adopt the revised policy Pol-C-108 Building Facilities Management.

CARRIED

1.2 POLICY REVIEW - POL-C-139 LEASING OF COMMUNITY FACILITIES

Ward: (No Wards) (Facilities Management)



RECOMMENDATION


1) Adopt policy Pol-C-139 Leasing of Community Facilities.

CARRIED


1.3 POLICY REVIEW - POL-C-141 COUNCILLOR ALLOWANCES AND

ENTITLEMENTS

Ward: (No Wards) (Governance)


Authorised Officer: (Executive Manager Corporate)

RECOMMENDATION


1) Approve the proposed amendments to policy Pol-C-141 Councillor Allowances and

Entitlements.

2) Approve the following allowances for the 2013/14 financial year:

(a) Annual attendance fee in lieu of Council meeting and Committee meeting

attendance fees - Councillors - $30,000pa per Councillor.

(b) Annual attendance fee in lieu of Council meeting and Committee meeting

attendance fees - Mayor - $45,000pa.

(c) Annual Mayoral allowance - $85,000pa.

(d) Annual Deputy Mayoral allowance - $21,250pa being 25% of Mayoral

allowance.

3) Request staff submit budget adjustment to Council for approval to reflect transfer

of funds to Member Allowances budget to address the shortfall of ($40,500).

CARRIED


1.4 REVIEW - CODE OF CONDUCT

Ward: (No Wards) (Human Resources)



RECOMMENDATION


1) Adopt the proposed Code of Conduct.

CARRIED

2. COMMUNITY PLANNING AND DEVELOPMENT

Nil

3. STATUTORY PLANNING

3.1 PROPOSED MULTIPLE DWELLING (10 UNITS) ON LOT 225 (NO.7) NORTH

STREET, MIDLAND

Ward: (Midland Ward) (Statutory Planning)


Authorised Officer: (Executive Manager Planning)

RECOMMENDATION


1) Approve the application for a 10 unit multiple dwelling development at Lot 225 (No.

7) North Street, Midland, subject to the following conditions:

1. The parapet wall and footings shall be constructed inside the allotment.

2. The finish of the parapet walls to be to the satisfaction of the Manager-

Statutory Planning.


3. A privacy screen with a minimum height of 1.6 m from finished floor level

shall be installed on balconies of Unit 5, 6, 7, 8, 9 and 10 as shown on the

layout plan DA-02 to the satisfaction of the Manager Statutory Planning.

4. An appropriate privacy screening/obscure glazing/highlight windows shall be

installed on the windows of Units 1 & 2 on the ground floor and on Units 5, 6,

7 & 8 on the first floor as shown on the layout plan DA-02 to the satisfaction

of the Manager-Statutory Planning.

5. The final pit prior to entering the City's drainage system shall be a 'Silt Pit'.

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

site plan.

7. Any existing vehicle crossover not included as part of the proposed

development on the approved plan shall be removed, and the verge and kerb

reinstated prior to the practical completion of the development to the City’s

satisfaction.

8. All pavements on the site must be capable of accepting anticipated loadings

(including accessways, parking areas, storage and hardstands). The City will

not accept any responsibility for subsequent failure of any pavement.

9. All stormwater produced from this property including subsoil drainage is to be

collected and disposed into the City’s drainage system in accordance with the

City’s requirements.

10. No fluid, other than uncontaminated stormwater is to enter any stormwater

drain without prior approval from the City and the Environmental Protection

Authority.

11. As the development is within the Midland District Drainage Area, a drainage

contribution of $6041.64 is required. This fee is to contribute towards the

upgrade and supply of an adequate drainage service within the area.

Payment shall be made prior to the clearance of subdivision conditions or

prior to the lodgement of a Building Permit application and prior to any work

commencing on the site.

12. Storm drain to be designed and installed in accordance with the City's design

guidelines.

13. The drainage system of the site must be designed for a 1 in 10 year storm

(minimum). An overland flow path must be provided for potential internal

system failure.

14. All crossovers must be built and maintained in accordance with City's

specifications.

15. 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.

16. The development must be connected to the Water Corporation’s sewer where

available.


17. All landscaping must be completed in accordance with the approved detailed

landscape plan, prior to the occupation of any building and all landscaping is

to be maintained onsite thereafter to the satisfaction of the Chief Executive

Officer.

18. In order to comply with the City of Swan Provision of Public Art Policy PO-LP-

1.10, the owner(s) or applicant on behalf of the owner(s) shall within 28 days

of the grant of this approval elect either;

(a) To pay to the City the sum of ($15,000) which equates to 1% of the

Construction Cost of the development, in lieu of providing on-site Public

Art (option 1); or

(b) Seek approval from the City for an artist to provide Public Art on the

development site to a minimum value of ($15,000) (option 2)

If the election is Option 1, the cash-in-lieu amount must be paid to the City

on the earlier of the date specified in an invoice issued by the City, or when

an application is made for a building permit for the development the subject

of the approval.

If the election is Option 2:

(a) the owner(s) or applicant on behalf of the owner(s) within a further 28

days following the election (or such longer period agreed by the City)

must seek approval from the City for a specific Public Art work including

the artist proposed to undertake the work. The City may apply further

conditions regarding the proposed Public Art;

(b) no part of the development may be occupied or used unless the Public

Art has been installed in accordance with an approval granted by the

City;

(c) the Public Art approved must be maintained during the continuation of

the development; and

(d) prior to the lodgement of a building permit application a Notification

pursuant to section 70A of the Transfer of Land Act must be lodged

against the certificate of title to the land on which the development is to

be carried out, to make the proprietors and prospective purchasers

aware of the preceding condition.

19. 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

a) Take notice that it is the responsibility of the applicant to advise the

landowner(s) and/or builder(s) of the need to satisfy the requirements of the

conditions of the planning approval for the subject lot, prior to or on

lodgement of Building Applications. The City will not issue a Building Permit

until all the conditions of planning approval and any other requirements


pertaining to this planning approval have been met (including payment of

fees and charges).

b) This approval is not an authority to ignore any constraint to development on

the land, which may exist through contract or on title, such as an easement

or restrictive covenant. It is the responsibility of the applicant and not the

City to investigate any such constraints before commencing development.

This approval will not necessarily have regard to any such constraint to

development, regardless of whether or not it has been drawn to the City’s

attention.

c) This is a Development Approval of the City of Swan under its Local Planning

Scheme No. 17. It is not a building permit or an approval to commence or

carry out development under any other law. It is the responsibility of the

applicant to obtain any other necessary approvals, consents, permits and

licenses required under any other law, and to commence and carry out

development in accordance with all relevant laws.

d) Development may be carried out only in accordance with the terms of the

application as approved herein and any approved plan.

e) In accordance with the Building Act 2011 and Building Regulations 2012, a

Building Permit application must be submitted to, and approved by the City’s

Principal Building Surveyor prior to any construction or earthworks

commencing on site.

f) The proposed development is required to comply in all respects with the

Building Code of Australia and Health (Public Buildings) Regulations 1992.

Plans and specifications which reflect these requirements are required to be

submitted with the Building Permit application.

g) Embankment stabilisation shall be in accordance with the provisions of the

Building Code of Australia.

h) To enable your Building Permit application to be assessed promptly, please

ensure a complete application is submitted to the City.

To assist in preparing a complete Building Permit application refer to the City

of Swan Website (www.swan.wa.gov.au) and follow the links to Building

Services - Applicant Checklists.

If you require assistance, please contact Customer Services on 9267 9267.

i) Stormwater to be piped to interconnecting gully grates with an overflow to

City system.

j) Kerbs, roadways, footpaths, open drains, stormwater pits, service authority

pits and nature strips must be adequately protected during the construction

of the development.

k) This approval does not constitute approval from other service authorities to

construct the crossover as shown on the plan. It is recommended that the

applicant ascertain the location and depth of any services that may interfere

with crossover and associated building construction. Any adjustment to

affected services is to be arranged by the applicant at their expense with the


appropriate service authority approval, prior to works commencing on the

site.

l) The carrying on of the development must not cause a dust nuisance to

neighbours. Where appropriate such measures as installation of sprinklers,

use of water tanks, mulching or other land management systems should be

installed or implemented to prevent or control dust nuisance, and such

measures shall be installed or implemented within the time and in the

manner directed by the City’s Principal Environmental Health Officer if it is

considered that a dust nuisance exists.

CARRIED

3.2 PROPOSED MODIFICATION TO CAVERSHAM LOCAL STRUCTURE PLAN

ODP 150/C FOR CELL 5 AREA - LOT 7983 WALDECK ROAD, LOTS 9

(NO.98) & 19 (NO.84) BENARA ROAD, LOT 9401 BENNETT STREET, LOT

14458 ISON COURT, LOTS 1055, 92 (NO.151) & LOT 9402 SUFFOLK

STREET, CAVERSHAM

Ward: (Altone Ward) (Statutory Planning)



RECOMMENDATION


1) Delegate to the Chief Executive Officer to grant final approval to the

modification(s) to the Caversham Local Structure Plan, subject to the following

requirements:

a. Update the 'Structure Plan - Caversham' with the applicants modifications

cited in Amendment D plan dated 09.07.13. This plan shall also include any

previous endorsements to ODP 150 by Council.

b. Update all figures within part B of the Caversham Local Structure Plan (ODP

150).

c. Update Part D (2) 'Transition Lot (Buffer) Management Plan' plan 1 of 4 with

the revised TLMP dated 23.01.13.

d. Update the public open space (POS) Schedule for Cell 5 in Section 1.3.3 of

Part B of the Structure Plan report to reflect the revised calculations of POS

for the Cell 5 area.

e. Update the 'Land Use' section of part B to incorporate the revised POS and

dwelling unit yield details.


f. Update the Land Use Schedule in Part B Section 1.4.5 with the revised

drainage & POS calculations.

g. Update 4.2 'Management Plans' in part B to include a revised version of the

Emerge Associates Urban Water Management Strategy. Prior to the inclusion

of this report into the LSP, the revised document is to be updated in line with

Attachment 2 of this Council report.

h. The applicants explanatory report 'Structure Plan Amendment Report' being

updated in the following manner:

i. Replace ODP 150 'Amendment D' plan dated 20.03.13 with the revised

plan dated 09.07.13

ii. Replace Figure 7 of the report 'Context and Constraints' dated 23.01.13

with the revised plan dated 09.07.13

iii. Replace Appendix 3 'Urban Water Management Strategy' with a revised

document inclusive of the drainage modifications as per Attachment 2 of

this Council report.

2) Subject to the satisfactory fulfilment of Point 1 above, refer the modified

documents to the Western Australian Planning Commission with a respectful

request for their endorsement under Clause 5A.1.14.3 of Local Planning Scheme

No. 17.

3) Advise all those who lodged submissions of Council's decision accordingly.

CARRIED

3.3 MODIFICATION TO FRONT SETBACK OF SINGLE DWELLING - LOT 96

(NO.36) DALGETY ROAD, MIDDLE SWAN

Ward: Swan Valley/Gidgegannup Ward (Statutory Planning)




RECOMMENDATION


1) Approve the revised plans for a single dwelling at Lot 96 (No.36) Dalgety Road,

Middle Swan inclusive of the modified front setback of 13.2m, subject to the

following conditions:

1) This approval is for “Single House” 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) Earthworks, footings and/or structures are not to extend over any lot

boundaries.

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.

CARRIED

3.4 EXTENSION TO A NON-CONFORMING USE - RETROSPECTIVE EXPANSION

TO TRANSPORT DEPOT ON LOT 201 MIDLAND ROAD HAZELMERE

Ward: (Midland Ward) (Statutory Planning)



RECOMMENDATION


1) Grant temporary retrospective approval to the expansion of the existing Transport

Depot at Lot 201 Midland Road, Hazelmere subject to the following conditions:

1. This approval is for retrospective expansion of a "Transport Depot" and the

subject land may not be used for any other use without the prior approval of

the City.

2. This approval is valid for a period of five (5) years from the date of the

Council decision.

3. Vehicles accessing and parking on the land shall not exceed 19 metres in

length.

4. Not more than forty (40) commercial vehicles and associated trailers shall be

parked on the land at any one time.


5. The number of truck movements into and out of the subject lot shall be

limited to 40 trucks per day and no truck movements shall be permitted on

Sundays and public holidays to the satisfaction of the City of Swan.

6. A stormwater compensation basin is to be provided within the subject lot to

accommodate onsite stormwater produced by the development. Within 90

days from the date of this approval, the location, size and volume of the

basin (including all calculations) are to be detailed in a Stormwater

Management Plan which will be subject to the approval of the City of Swan.

7. Hours of operation of heavy vehicle movements to and from the site are

limited from 7:00 am to 6:00 pm, Monday to Saturday.

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

site plan.

9. All pavements on the site must be capable of accepting anticipated loadings

(including access ways, parking areas, storage and hardstands). The City will

not accept any responsibility for subsequent failure of any pavement.

10. Vehicle parking area, access and circulation areas must be sealed, kerbed,

drained and maintained to the satisfaction of the City, in accordance with the

approved plans.

11 All stormwater is to be collected and contained onsite. No stormwater is to be

discharged from the property into other land or reserves. Stormwater

drainage plans are to be submitted prior to any works commencing on site.

12. The drainage system of the site must be designed for a 1 in 10 year storm

(minimum). An overland flow path must be provided for potential internal

system failure.

13. The applicant shall submit detailed plans and specifications including the site

feature survey of a licensed surveyor, levels, earthworks, drainage,

crossovers, access ways, hardstands, carports, parking bays, loading bays,

lighting, existing easements, pavement details, proposed service connections

and compound and refuse/bulk bin areas within 90 days from the date of this

approval. Such plans and specifications should be in accordance with the City

of Swan Property Development Design Guidelines and its relevant

specifications.

14. All crossovers must be built and maintained in accordance with City’s

specifications.

15. 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.

16. Landscaping, drainage, parking areas, pavement, kerbing as depicted on the

approved plans shall be maintained at all times to the satisfaction of the City.

17. The premises shall be kept in a neat and tidy condition at all times to the

satisfaction of the City.


18. Floodlights shall not be illuminated after 10 pm, with all illumination being

confined to the limits of the development or as otherwise approved by the

City of Swan in writing.

19. External lighting shall comply with the requirements of AS 4282 – Control of

Obtrusive Effects of Outdoor Lighting.

20. No loading or unloading of livestock s permitted on the subject lot.

21. All wash down of vehicles/trailers is to be conducted off site.

22. The noise generated by activities onsite, including machinery motors or

vehicles is not to exceed the levels as set out under the Environmental

Protection (Noise) Regulations 1997.

23. No fuel shall be provided or stored on site.

24. 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

a) This approval is not an authority to ignore any constraint to development on

the land, which may exist through contract or on title, such as an easement

or restrictive covenant. It is the responsibility of the applicant and not the

City to investigate any such constraints before commencing development.

This approval will not necessarily have regard to any such constraint to

development, regardless of whether or not it has been drawn to the City’s

attention.

b) The City of Swan is authorised and liable for the maintenance and repair of

roads under its control within its boundary and pursuant to Section 84 of the

Road Traffic Act. The City is authorised to recover costs from the applicant,

for the repair and maintenance of these roads if any damage is caused as

part of this development to the kerb, footpath, drainage pits, stormwater

system, landscaping or signs located within the road reserve.

c) This approval does not constitute approval from other service authorities to

construct the crossover as shown on the plan. It is recommended that the

applicant ascertain the location and depth of any services that may interfere

with crossover and associated building construction. Any adjustment to

affected services is to be arranged by the applicant at their expense with the

appropriate service authority approval, prior to works commencing on the

site.

d) Where petrol, benzene or other inflammable or explosive substance or

grease, oil or greasy/oily matter is likely to be discharged, a sealed

washdown area connected to a plate separator or other approved device must

be installed and connected to sewer, subject to Water Corporation approval.

Where premises are not connected to the reticulated sewer system, the

system installed must be approved by the City and other relevant agencies.

e) The development is not to be within 1.2 metres of any sewerage septic tank

or 1.8 metres of any effluent leach drain without the City of Swan’s approval.


f) All development works are to be carried out in accordance with control of

noise practices set out in Section 6 of AS 2436-1981 or the equivalent current

Australian Standard.

g) No work shall commence prior to 7 am without the City’s approval.

h) This is a Development Approval of the City of Swan under its Local Planning

Scheme No. 17. It is not an approval to commence or carry out development

under any other law. It is the responsibility of the applicant to obtain any

other necessary approvals, consents and licences required under any other

law, and to commence and carry out development in accordance with all

relevant laws.

i) Development may be carried out only in accordance with the terms of the

application as approved herein and any approved plan.

CARRIED

3.5 ADOPTION OF THE CITY'S HERITAGE STRATEGIC PLAN

Ward: (All Wards) (Strategic Planning)

Disclosure of Interest: None


RECOMMENDATION


1. Adopt the City of Swan Heritage Strategic Plan 2013 and the accompanying

Report for the City of Swan Heritage Strategic Plan.

2. Advise those who lodge a submission of Council's decision accordingly.

CARRIED


3.6 FINAL ADOPTION OF AMENDMENT NO.96 TO LOCAL PLANNING SCHEME

NO.17 - CREATION OF A DEVELOPMENT CONTRIBUTION AREA (DCA5)

FOR LOT 9500 MARALLA RD, PORTION OF LOT 9228 BANROCK DR, LOT

9000 RAILWAY PDE, LOTS ALONG DALMILLING DR

Ward: (Ellenbrook & North Wards) (Statutory Planning)



RECOMMENDATION


1) Note the submissions received on the proposed amendment.

2) Adopt for final approval of Amendment No.96 to the City of Swan Local Planning

Scheme No.17 without modification by:

1. Introducing into Schedule 13 - Development Contribution Areas new text

as follows:

No. Description of Land Development Contribution Plan

5. Lot 9500 Maralla Road;

Portion of Lot 9228

Banrock Drive;

Lots 327 and 9000 Railway

Parade;

Lots along Dalmilling

Drive, Palomino

Promenade, Stable Vista

and Jutland Way, The

Vines;

Lots 1, 13255 and 13256

Railway Parade;

Lots 2, 3 and 27 Apple

Street;

Lots 28,30,32 and 34

Orange Avenue; and

Lot 35 Rose Street

The Development Contribution Plan is

for the cost of a bridge over the Ellen

Brook in the vicinity of Lot 9000

Railway Parade and comprises:

(a) The City's cost estimate for the

bridge of October 2011;

(b) The City's Project Programme

outline for the bridge's construction;

(c) The ARRB traffic modelling report of

October 2011 prepared for the City of

Swan, or similar traffic modelling

report otherwise accepted by the City,

that apportions traffic volume utilising

the bridge from the respective

landholdings up to and not exceeding

the year 2031.

(d) A contribution amount based as a

percentage of the total cost of the

bridge correlating to the percentage of

traffic volume utilising the bridge from

the respective landholdings as

identified in the ARRB traffic modelling

report or similar traffic modelling

report otherwise accepted by the City.


2. Amending the Scheme Maps accordingly.

3) Forward the amendment to the Western Australian Planning Commission,

inclusive of a schedule of submissions, with a request that the Hon. Minister for

Planning grant his final approval without modification.

4) Notify all those who have made a submission of Council's decision accordingly.

CARRIED

3.7 FUNDING FOR MIDLAND FREIGHT RAIL REALIGNMENT OPTION

SELECTION STUDY

Ward: (All Wards) (Strategic Planning)



RECOMMENDATION

That the Council resolve:

1) To support the Western Australian Planning Commission request for contribution

of $50,000 towards the cost of the Midland Freight Rail realignment option

selection study.

2) Such fund be sourced from the mid-year budget review process.

3) The WAPC be advised that the funding will be available following the mid-year

budget review process.

CARRIED


4. OPERATIONAL MATTERS

4.1 PETITION - LACK OF WATERING AT TINDALE PARK, AVELEY

Ward: (Ellenbrook Ward) (Construction & Maintenance)



RECOMMENDATION


1) Note the actions undertaken by staff in this matter, including continuing

negotiations with the developer, to enable remote access for City staff to manage

irrigation programs for Tindale Park and also action to improve the water holding

capacity of the soil.

2) Advise the petition organiser accordingly.

CARRIED

4.2 TRAFFIC CALMING IN BRONZEWING AVENUE, ELLENBROOK

Ward: (Ellenbrook Ward) (Executive)



RECOMMENDATION


1) Not install traffic calming devices in Bronzewing Avenue, Ellenbrook

2) Note the following actions initiated by City Officers:

a) The installation of "No Parking" signs on Bronzewing Avenue along the

inside verge where the road curves near the intersection of Rosewood

Heights.

b) The pruning of tree branches along the verges of Bronzewing Avenue.

c) Liaison with MRWA for installation of safety and warning signs on

Bronzewing Avenue warning of the curve near the intersection with

Rosewood Heights.

d) Liaison with MRWA for the change of line marking from broken white lines

to a solid white line on Bronzewing Avenue.


e) Continued monitoring of the situation to ensure that these actions address

the issue sufficiently.

2) Refer the issue of hooning on Bronzewing Avenue to the Police and request an

increased presence in the area.

3) Advise the petition organiser accordingly.

CARRIED

5. FINANCIAL AND LEGAL MATTERS

5.1 FINANCIAL MANAGEMENT REPORT - JUNE 2013

Ward: (All Wards) (Financial Services & Rates)



RECOMMENDATION


1) Receive the Interim monthly financial statements and report for the period ended

30 June 2013.

CARRIED

5.2 ACCOUNT AND DEBIT REPORT JUNE 2013

Ward: (All Wards) (Financial Services)



RECOMMENDATION


1) Authorise the payment of cheques drawn and direct debits made from the City's

bank account as listed.

2) Authorise the payment of bank charges, credit card expenses, merchant fees, and

lease payments that have been made as direct debits during this period.

CARRIED


6. GOVERNANCE

6.1 PROPOSED DATES FOR ORDINARY COUNCIL MEETINGS - JANUARY TO

DECEMBER 2014




RECOMMENDATION


1) Adopt the proposed schedule for ordinary meetings of Council from January to

December 2014.

CARRIED

6.2 MINUTES OF THE GOVERNANCE COMMITTEE MEETING HELD ON 9 JULY

2013




RECOMMENDATION


1) Note the minutes of the Governance Committee meeting held on 9 July 2013.

CARRIED


7. REPORTS OF THE CHIEF EXECUTIVE OFFICER

7.1 REQUEST FOR CITY DELEGATION TO VISIT TO CHINA

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


Authorised Officer: (Chief Executive Officer)

RECOMMENDATION


1) Approve the attendance of Crs Congerton, Bailey, Haynes, Marino and P Williams

to form part of the City's delegation to the Cities of Jinan and Dongying, China

from 24 August 2013 to 1 September 2013 with costs to be reimbursed as per

Pol-C-0141 - Councillor Allowances and Entitlements.

2) Approve the attendance of the City's Coordinator Public Relations to accompany

the delegation to China for the period 24 August 2013 to 1 September 2013 at

the City's expense.

CARRIED

8. MOTION TO ADOPT THOSE 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 - Nil

(Cr Färdig - Cr T Williams)

9. URGENT BUSINESS

Nil


CITY of SWAN

ORDINARY COUNCIL

MEETING

PART C

OTHER BUSINESS

AND CLOSING PROCEDURES

24 JULY 2013


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

Nil

4. CLOSURE

There being no further business, the Presiding Member, Mayor Zannino, thanked

those present for their attendance and declared the meeting closed at 6.21PM.

ordinary meeting of council...ordinary meeting of council 24 july 2013 page 3 (no.84) benara road,...

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