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MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD AT MIDLAND TOWN HALL

ON WEDNESDAY 20 JANUARY 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 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 M Wainwright Mayor, Altone Ward (Presiding Member) Cr D Lucas Deputy Mayor, Altone Ward

Cr D Färdig Altone Ward Cr M Haynes Ballajura Ward Cr A Kovalevs Ballajura Ward Cr J McNamara Ballajura Ward Cr D McDonnell Ellenbrook Ward Cr P Williams Ellenbrook Ward

Cr M Elliott Midland/Guildford Ward Cr I Johnson Midland/Guildford Ward Cr D Parasiliti Midland/Guildford Ward Cr K Bailey North Ward (from 5.32pm) Cr R Henderson Swan Valley/Gidgegannup Ward Cr D Trease Swan Valley/Gidgegannup Ward

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Staff: Mr M Foley Chief Executive Officer

Mr C Cameron Executive Manager Corporate (until 8.29pm)

Mr J Coten Executive Manager Operations (until 8.29pm)

Mrs K Leahy Executive Manager Stakeholder Relations Ms T McCourt A/Executive Manager Community

Wellbeing

Mr S Tan Executive Manager Planning and

Development

Mr P Russell Manager Statutory Planning

Mr D Newman Coordinator Stakeholder Relations and Engagement

Ms M Dwyer Governance Support Officer (Minute Clerk)

Leave of

Absence: Nil

Apologies: Cr C McCullough Ellenbrook Ward (Leave of Absence from Part A - Item 8) Members of

the Public: 40 (approximately)

Media: 2

4. ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE

4.1 MS MELINDA BRACKLEY

Ms Brackley asked a series of questions at the Ordinary Meeting of Council held on 16 December 2015 which were taken on notice and later provided in writing (see Annexure A). A comprehensive response was prepared and posted to Ms Brackley and distributed to all Councillors. (see Annexure B).

Cr Bailey entered the Chamber at 5.32pm.

5. DECLARATIONS OF FINANCIAL INTERESTS AND INTERESTS AFFECTING IMPARTIALITY

5.1 Mr Cameron disclosed a financial interest in Item 3.1 of Part C - Contracts of Employment - Executive Manager Corporate and Executive Manager Operations by virtue of the report considering the renewal of his employment contract.

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6. PUBLIC QUESTION TIME

Public question time commenced at 5.33pm.

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

6.1.1.1 Ms Anita Speer, Midvale

Fletcher Law on behalf of the Ms Anita Speer (owner of 269 Morrison Road, Midvale) wrote to the Council expressing concerns in relation to the proposed Farrall Road Local Structure Plan (LSP).

Staff note: Please refer to the submission no. 14 (pg. 165 of the agenda) for detail.

Q1 In light of the submission, could the Council please provide whether the Owner’s Property will be excluded from the proposal (and its reasons either way)?

A1 The Western Australian Planning Commission is the sole decision making authority as to whether the proposed structure plan is approved, not approved or approved subject to modifications such as whether or not your land or any other owners land is excluded from the plan.

Q2 What contingencies are in place to compensate those whose properties will be devalued as a result of implementing the proposal?

A2 This proposed Structure Plan does not contemplate a Development Contribution Plan mechanism to compensate owners of land who provide more Public Open Space than other owners. That mechanism is not a mechanism that provides compensation for alleged devaluation of land.

6.1.2 Questions without notice Nil

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6.2 Other Questions

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

6.2.1.1 Mr Greg Chiffey, South Guildford

Q1 Has the purchase of Waterhall Park by the City of Swan from the Department of Defence been completed? If not, why the delay?

A1 The City’s purchase of Lots 1, 2 & 3 Waterhall Road, South Guildford has not yet been finalised and is still pending. The concessional sale of these lots requires the Minister for Finance’s (Commonwealth) approval. The City has been advised this matter is still under consideration.

Q2 In regard to recreational bikes in and around residential areas.

Why have employees not been given authority or power to enforce the law, even when addresses are given? Nothing is done to prevent them from constantly violating the bylaws? Is it possible for them to come under the hoon laws so as to protect people and property from constant abuse?

A2 The use of off road vehicles (ORV) within the City of Swan is not allowed under the Control of Vehicles (Off Road Areas) Act 1978, unless you are on private land and have the property owner's consent or you are within a designated off road area. An off road vehicle is considered to be any vehicle that is not road registered or cannot be registered in accordance with the Road Traffic Act 1974.

The Act allows a variety of actions to be taken by advocates including infringements or prosecutions in the courts. The challenge for Advocates is catching offenders, therefore the best way to tackle ORV use is by obtaining information from community members such as vehicle and rider descriptions or properties where vehicles are travelling to/from.

Each report of ORV use is investigated by the Community Safety Advocate team.

The Road Traffic Amendment (Impounding and Confiscation of Vehicles) Act 2004, commonly known as 'hoon legislation', empowers police to impound vehicles that are driven in a reckless manner, do a burnout; or are driven at a speed equal to or greater than 45km/h over the posted speed limit. If the unlicensed quad bikes, motorbikes or 4WD vehicle is being used on a road, please notify the Police by calling 131 444.

6.2.2 Questions without notice

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7. PUBLIC STATEMENT TIME

7.1 Mr Richard Powell, Gidgegannup Waste Mr Powell stated that:

• Over 15 years ago he was advised by the City that a waste service in Gidgegannup was not viable for the City to conduct. Following this advice he commenced Gidgegannup Waste to serve that need.

• Recently, during the period the City was considering introducing a waste service in Gidgegannup and conducting the public consultation component no person from the City contacted him to discuss the matter and he was advised by Cr Trease not to speak at the meeting at which the matter was considered.

• Councillors were incorrectly advised that he was unlicensed to operate.

• He and his business has the support of the Gidgegannup Progress Association and Mr Frank Alban (Member for Swan Hills).

Mr Powell advised he wished for a response from the City within 14 days.

8. LEAVE OF ABSENCE

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

Cr McCullough

Ellenbrook Ward 20 January 2016 to 24 January (inclusive) Cr McDonnell

Ellenbrook Ward 10 February 2016 to 29 February 2016 (inclusive) Cr Kovalevs

Ballajura Ward 3 February

(Cr Haynes - Cr McNamara)

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9. PETITIONS, PRESENTATIONS AND DEPUTATIONS

9.1 Petitions

Nil

9.2 Presentations Nil

9.3 Deputations

9.3.1 Item 3.2 - Proposed Local Structure Plan No.42 - Lots 102 and 427 Farrall Road, Stratton And Lot 50 (No.53) Farrall Road, Midvale

a) Mr Phil Cloran

Blackadder

/Woodbridge Catchment Group speaking against the recommendation.

b) Mr Robert Gardiner speaking against the recommendation.

c) Mr Jon Kaub speaking against the recommendation.

9.3.2 Item 3.5 - Proposed Amendment No.135 to Local Planning Scheme No.17 to Insert 'Retirement Village' as an Additional Use into Schedule 2 for Lots 1 and 2 Dale Road, Middle Swan

a) Mr Jeff Williams Swan Valley Residents and Ratepayers Association.

b) Mr John Burgess Burgess Design Group (applicant) speaking against the recommendation.

9.3.3 Item 3.8 - Proposed Telecommunications Infrastructure - Lot 600 (No.22) Crestmoor Pass, Bullsbrook

a) Ms Penny Robins speaking against the recommendation.

9.3.4 Item 2.1 – Submission on Draft Swan Valley Development Plan

a) Ms Leisha Stoneman requesting a further recommendation to be made.

b) Ms Beth Gratte requesting a further recommendation to be made.

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10. CONFIRMATION OF MINUTES

10.1 Confirmation of Minutes of Ordinary Meeting of Council held on 16 December 2015.

RESOLVED UNANIMOUSLY that the Minutes of the Ordinary Meeting of Council held on 16 December 2015 be confirmed.

(Cr McDonnell - Cr Bailey)

11. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION

Welcome to our first Council Meeting for 2016. This year is going to be another busy year.

On January 10, I attended the Perth Harmony Cup soccer event, at the Kingfisher Reserve in Ballajura. This tournament raises money for local charities each year and this year it was the Edmund Rice Centre in Mirrabooka and Football West’s

“Equal Footingball” Program. $3600 raised on the day with $750 coming from the Ballajura AFC.

Last Thursday, January 14, I met with the East Metropolitan Mayors and Presidents Strategic Group to discuss issues and plans for the East Metropolitan region. I’d like to thank the Shire of Kalamunda for hosting this meeting and all the Mayors, presidents and CEO’s who attended. Thank you also to Hon John Day Minister for Planning for attending and providing a presentation.

The Australia Day Citizenship Ceremony is fast approaching and will be held in the Midland Town Hall. The Premier Colin Barnett will be attending to join me in congratulating the 60 new citizens we will welcome in to Australia and present the Premier’s Australia Day Active Citizenship Awards.

The Midland leg of the Perth Fringe Festival, Midlandia, officially opens on Tuesday February 2, so look out for some weird and wonderful entertainment opportunities in the heart of Midland. I encourage you to go along if you can.

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.

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

13.1 CR JOHNSON

In regard to Item 3.2 - Proposed Local Structure Plan No.42 - Lots 102 and 427 Farrall Road, Stratton And Lot 50 (No.53) Farrall Road, Midvale Structure Plan has 10% Public Open Space (POS).

Q1 Can you advise the origin of the 10% POS guideline?

A1 This was originally proposed in Stephenson Hepburn Plan, the overarching document that guided the preparation of the Metropolitan Region Scheme and has been echoed in strategic and statutory planning documents that have been produced in the 60 years since the release of the Stephenson Hepburn Plan. It is outlined in Element 4 of Liveable Neighbourhoods document used for the preparation of Structure Plans and various State planning bulletins prepared by Department of Planning for the Western Australian Planning Commission.

Q2 The 10% POS in Farrall Road – is this composed of the land that is unusable by the developer as it is a waterway, or swamp, plus some additional land to make it up to 10%?

Please refer to the POS schedule which provides a breakdown of the various POS areas proposed through the structure plan, this will be delivered through a mix of passive and active areas.

Q3 Should we not be providing 10% actual usable POS?

Liveable Neighbourhoods allows for 10% POS to comprise 8% un- restricted and 2% restricted this includes foreshore reserve, waterway and the bush forever sites which have not been included as useable POS and don't contribute to the overall POS requirement. It should also be noted that the City has existing playing fields opposite the north eastern corner of this site adjoining the Stratton Community Centre used for Rugby along with ovals used for Cricket and Football located on Morrison Road east within 500m of the site and on the western side of Roe Highway is the regional open space comprising playing fields and the City's Swan Park leisure centre. As such the City's Facilities planning department advised that we do not require additional playing fields in this structure plan.

Q4. In the submissions there is a statement about the history of the Zamia palms on the site by Albert Corunna, aboriginal elder of Koongamia. I cannot find in the report any map showing where these palms are located and how the POS will accommodate this significant flora.

A4 Please refer to the officer response listed in the schedule of submissions, submission no. 10 (pg. 163). The applicant has applied to the Department of Aboriginal Affairs for a Section 18 application and has been granted approval to undertake work in areas of indigenous significance. The proponent is currently awaiting approval on a clearing permit from the Department of Parks and Wildlife. The applicant has advised where there is

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Q5. Why is the land that is susceptible to flooding not included in the POS?

A5 This land is intended to be earth worked which will redistribute the flow resulting in this land no longer being subject to inundation by flood and it will be suitable for habitable development. This has been approved by Department of Water in the Local Water Management Strategy.

Q6 Has the Blackadder/Woodbridge Catchment Group submission been addressed sufficiently?

A6 There is a separate response to this submission which forms an attachment to the report (see pages 198-204 of the agenda).

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

14.1 CR FÄRDIG

Q1 Is Council aware that no doctors or chemists have been asked if they wish to enter any development occurring at Aussat Drive, Kiara?

A2 The Mayor advised that he was not aware.

Q2 What stage is the development of this property at?

A2 The CEO advised that he was not aware of any development application that may have been lodged.

Q3 What is being done by the City to progress any development?

A3 The conditions of sale were that the development was to be constructed and finalised within five years. If this condition is not met the City will take action to recover the property.

14.2 CR JOHNSON

Q1 Can officers please investigate ways to improve the quality of images in the agenda?

A1 Executive Manager Corporate advised that officers will attempt to rectify any issues.

14.3 CR PARASILITI

Q1 Can any update be provided on the restoration of the Guildford Hotel?

A1 The CEO advised no update had been provided by the owners recently.

14.4 CR ELLIOTT

Q1 What opportunity is there for individual owners to subdivide land within an area with a structure plan area?

A1 Manager Statutory Planning advised that due to the new Planning Regulations that have been introduced, structure plans are a much weaker instrument. There is a provision that subdivision application need to give due regard to structure plans but the structure plan will not prevent any subdivision from occurring. Any person can lodge a subdivision application with the Western Australian Planning Commission (WAPC) who are

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14.5 CR FÄRDIG

Q4 Does the City sell land to develop communities or make money?

Q5 The CEO advised that it can be either. In the case of Aussat Drive, Kiara the decision to sell the land was a result of a unanimous Council resolution.

15. ANY BUSINESS LEFT OVER FROM PREVIOUS MEETING

15.1 PROPOSED TELECOMMUNICATIONS INFRASTRUCTURE - JOSHUA MEWS BUSHLAND, LOT 11912 JOSHUA MEWS, BASKERVILLE (DA927-14)

Council at its meeting held on 25 February 2015 resolved to defer this item to a future meeting of Council to allow staff to negotiate with the landowner for the extension of the lease to allow the continued use of the current infrastructure.

A report will be presented to Council at a future Ordinary Council Meeting.

RESOLVED UNANIMOUSLY TO:

1) Note the information provided for Item 15.1.

(Cr Trease - Cr Elliott)

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15.2 ADOPTION OF ALTONE LOCAL AREA PLAN

Ward: (Altone Ward) (Strategic Planning) Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The Altone Local Area Plan has reached the final stage of consultation, being the culmination of two previous consultation stages including the advertisement of a discussion paper, several community events, two community workshops and an online survey.

• Key priorities identified through the initial stages of engagement are:

− To improve traffic flow in and around the Altone local area through ongoing road improvements, intersection upgrades, and cycle and pedestrian paths.

− To improve pedestrian and cycle access along busy roads in the Altone local area to address lack of connection within residential areas and to existing commercial centres, educational and recreational facilities.

− To improve public transport.

− To create opportunities for public places and spaces in the Altone local area for people to connect.

− To address community safety concerns through improved lighting around parks, popular public areas and community facilities, and improvements to CCTV and signage at community facilities.

− To improve local service delivery and facilities where young people connect such as at the Youth facility at Altone Park.

− To protect environmental assets such as pockets of natural bushland along Bennett Brook biodiversity corridor.

• A final stage of consultation involved the public viewing and having the opportunity to comment on the draft Altone Local Area Plan. One (1) comment was received, relating to an operational matter that has been dealt with outside of the Local Area Planning process.

These priorities and subsequent submissions guided the actions and strategies contained in the Local Area Plan (attached).

It is recommended that the Council adopt the draft Altone Local Area Plan.

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BACKGROUND

Local Area Planning (formerly place planning) has been adopted by Council under its Integrated Planning Framework and provides a mechanism for local communities to address local issues through a consultative process. The process establishes a vision and objectives for each local area and identifies strategies and actions to achieve the vision and objectives that, together with strategies and actions identified in the Strategic Community Plan (SCP) and the Local Planning Strategy (LPS), informs the City’s business planning process.

Local Area Plans consolidate the outcomes and objectives from the SCP and the strategies and actions from the LPS and further develop these specific to the relevant Local Area and prioritise them. This is guided by a vision and objectives for the local area, established from a community workshop conducted for each local area.

Development of the Local Area Plan (LAP) also draws upon information obtained from localised workshops conducted as part of the Strategic Community Plan. Outcomes of the Local Area Plans also provide feedback to the LPS and the SCP. Dependent upon the point within the cycle of review of the SCP and the LPS, LAPs therefore also inform the SCP and LPS.

The Altone Local Area Plan will, upon adoption, replace the existing Altone Place Plan July 2009-12 which was developed under the former Place Planning framework.

DETAILS

The Altone Local Area Plan was developed in three phases. Initiated in November 2014, this plan commenced with the preparation of a discussion paper that provided context to the local area. The second phase involved the community engagement where the issues identified in the discussion paper were workshopped with the local community at public workshops held on 16 and 21 April 2015, at several community events, and through an online survey. The final phase of the process was to develop an action plan informed by findings from the community engagement and existing actions from strategic planning reports, consolidated to form Local Area Plan (LAP) strategies and actions.

These stages of the project are reflected as three parts in the Altone Local Area Plan:

(Refer to attachment)

Part 1 - Context (Discussion Paper).

Part 2 - Community Engagement.

Part 3 – Local Area Plan (Including strategies and actions).

Key priorities identified through the first stages of engagement for Altone local area are:

− To improve traffic flow in and around the Altone local area by ongoing road improvements, intersection upgrades, and cycle and pedestrian paths. This includes intersections along busy roads such as Beechboro Road North, Altone Road and Benara Road, and ongoing monitoring and assessment of traffic flow.

− To improve pedestrian and cycle access along busy roads in the Altone local area to address lack of connection within residential areas and to existing commercial centres, educational and recreational facilities.

− To improve public transport.

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− To create opportunities for public and social places and spaces in the Altone local area for people to connect and where members of the community could access services such as internet and computer training.

− To address community safety concerns through improved lighting around parks, popular public areas and community facilities, and improvements to CCTV and signage at community facilities.

− To improve local service delivery and facilities where young people connect such as at the Youth facility at Altone Park by providing a safe place for recreation, socialising and accessing support.

− To protect environmental assets such as pockets of natural bushland along Bennett Brook biodiversity corridor.

The resulting draft Altone Local Area Plan was, after further internal consultation with City Business Units and Executive Management, advertised for 28 days from 13 October to 10 November 2015 during which time one (1) submission was received.

The submission received was concerned with an operational matter that has been dealt with outside of the LAP process.

ATTACHMENTS

Draft Altone Local Area Plan (previously distributed to Councillors)

STRATEGIC IMPLICATIONS

Various tasks as set out in the finalised Altone Local Area Plan will impact future business plans of relevant Business Units.

STATUTORY IMPLICATIONS

Local Area Plans are a City of Swan initiative. There is no prescribed statutory framework.

FINANCIAL IMPLICATIONS

Financial implications of proposed actions will be addressed and prioritised through the City’s standard business planning processes.

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RECOMMENDATION

That the Council resolve to:

1) Adopt the draft Altone Local Area Plan.

2) Advise those that lodged submissions to the final draft of the Council’s decision accordingly.

3) Forward the adopted Altone Local Area Plan to the Western Australian Planning Commission for their consideration and support.

MOTION that the Council resolve to adopt the staff recommendation.

(Cr Lucas - Cr Färdig)

RESOLVED UNANIMOUSLY TO:

1) Adopt the draft Altone Local Area Plan.

2) Advise those that lodged submissions to the final draft of the Council’s decision accordingly.

3) Forward the adopted Altone Local Area Plan to the Western Australian Planning Commission for their consideration and support.

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CITY of SWAN

ORDINARY COUNCIL MEETING

PART A

ANNEXURES

20 JANUARY 2016

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ANNEXURE A

The first questions to ask are questions that I have asked DER, but ask the council now, as DER has not responded to any of my enquiries.

1) To the knowledge of the Viveash residents, the bulldozed Woodland was a part of the buffer zone required by Midland Brick to mitigate noise, dust and noxious emissions.

-How is it that whilst Midland Brick has increased its production of bricks, they have decreased their buffer zone, by not only reducing air quality by destroying bushland, but by placing new housing in that buffer zone?

-Can you clarify for me the impact to the air shed, and particularly the potential health impacts to residents, by removing the vast stretch of Woodland that existed?

2) Also, in reference to John Days letter regarding the destruction of that land. It is our understanding that the Woodland behind our homes constituted a corridor for wildlife, particularly Weebils, Gerygones, Pardalotes and Rufous Whistlers. John Day claims to have been advised that the existing vegetation was planted, not considered native and therefore exempt from a permit to clear.

- I would like to know who advised John Day that this vegetation was planted and how in fact did they come to discover this?

The Woodland was comprised of Wandoo and Eucalypts, providing a haven to the aforementioned birds. I am also advised that at the time of clearing, these birds would have been nesting.

- How is it that it is not considered native when it is home to native vegetation and native fauna?

-How long is it required to be there before it is considered native?

-How in fact does it ever become native if it is not protected by legislation and developers are given approval to develop it?

2) Would the city please make available the original plans for the subdivision, from the 1960’s, when this subdivision was approved?

3) Why weren’t the residents of Viveash advised by the Shire of Swan that this dormant application was being reactivated? Ken Wyatt tells me this is common practise.

4) As I understand it is both the Shire and the Western Australian Planning Commission who determine authority for subdivision. Shire has an obligation to see that a set of

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circumstances that make something okay 40 yrs. ago does not make it right today. For example: apartheid, smoking in restaurants

- Why can’t the council be part of the process that changes the ridiculous situation where it is not required that subdivision approval be revisited and reassessed within an acceptable period of time from development?

5) Bush Forever tells me that there is a large area zoned for development, in Viveash, that does not have subdivision approval. No application has been lodged for this area and this would need approval by WAPC. I want the Council to head the bull off at the gate.

-How will you apply the Biodiversity Strategy to the remaining land, not yet subdivided, so that as much of the critically endangered vegetation can be conserved as possible?

What can Council do to make sure that the little vegetation that is left is not subject to subdivision?

-Will you commit to a comprehensive assessment from an organisation which would not pose a conflict of interest, in attempt to retain as much of the existing vegetation and wildlife as possible?

-If the Biodiversity Strategy has identified this area as being home to the critically endangered Corymbia Calophylla Kingia Australis Woodlands, can we seek protection under the Bush Forever Scheme?

6) My neighbour, who is a Nyoongar traditional custodian and owner of the land, said that she counted 27 species of birds, whilst playing with her grandchildren, alongside an unfenced portion of this land before Pindan cleared the land.

-How will the Shire facilitate a forum whereby concerned residents can ask questions in a less intimidating environment than this? Is this the purpose of a special electors meeting? Will the Council advise me on how to do this?

7) I asked at the last meeting for the council to assist in making Pindan accountable for the impact the development has had, and continues to have, on residents. That has not happened. I received an email telling me that they did not recognise me as an official spokesperson and would not address my queries that I had asked on behalf of my friends and neighbours.

- How will Council hold Pindan accountable for damaged properties?

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ANNEXURE B

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