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CITY of SWAN

M I N U T E S

ORDINARY MEETING OF COUNCIL

11 MARCH 2020 (ADJOURNED) RECONVENED ON 16 MARCH 2020

CONFIRMED MINUTES

These minutes were confirmed as a true and accurate record of the meeting at the Ordinary Meeting of Council held on 08 April 2020.

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TABLE OF CONTENTS

PART A - OPENING PROCEDURES 8

1. OPENING AND ANNOUNCEMENT OF VISITORS 8

2. DISCLAIMER (READ ALOUD BY PRESIDING MEMBER) 8

3. ATTENDANCE AND APOLOGIES 9

4. DECLARATIONS OF FINANCIAL AND PROXIMITY INTERESTS AND

INTERESTS AFFECTING IMPARTIALITY 9

5. PUBLIC QUESTION TIME 10

5.1 ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE 10

5.2 QUESTIONS RELATING TO REPORTS CONTAINED IN THE AGENDA 10

5.3 OTHER QUESTIONS 12

6. PUBLIC STATEMENT TIME 17

7. PETITIONS 17

8. DEPUTATIONS 17

9. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION 17

10. MEMBERS' QUESTIONS 18

10.1 ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE 18

10.2 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN 19

10.3 QUESTIONS OF WHICH DUE NOTICE HAS NOT BEEN GIVEN 20

11. LEAVE OF ABSENCE 20

12. CONFIRMATION OF MINUTES 21

13. ANY BUSINESS LEFT OVER FROM PREVIOUS MEETING 22

13.1 PETITION - FAUNA PROTECTION POLICY 22

13.2 CARETAKER'S DWELLING (EXISTING) - LOT 7 (NO.16) OLD TOODYAY ROAD,

GIDGEGANNUP (DA853-17) 22

13.3 PROPOSED HENLEY BROOK LOCAL STRUCTURE PLAN - VARIOUS LOTS IN

HENLEY BROOK (SWAN-SP/2019/4) 22

13.4 CHANGE OF USE FROM 'SHED' TO 'ANCILLARY DWELLING' & ASSOCIATED

WORKS - LOT 56 (NO.107) LAKEVIEW DRIVE, GIDGEGANNUP (DA536-19) 22

13.5 ELLENBROOK COMMUNITY SECURITY PATROL SURVEY 23

13.6 MIDLAND ACTIVITY CENTRE DESIGN GUIDELINES 25

13.7 MIDLAND OVAL REDEVELOPMENT URBAN DESIGN GUIDELINES 27

13.8 GUILDFORD HAZELMERE LOCAL AREA PLAN 30

13.9 LOCAL DEVELOPMENT PLAN - MORRISON ROAD WEST 32

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PART B - REPORTS 35

1. CORPORATE PLANNING AND POLICY 35

2. COMMUNITY PLANNING AND DEVELOPMENT 36

2.1 PETITION- SENIORS MEMBERSHIP DISCOUNT 36

3. STATUTORY PLANNING 39

3.1 PROPOSED AMENDMENT NO.186 TO LOCAL PLANNING SCHEME NO.17 - TO REZONE PARTS OF TWO (2) PROPERTIES IN BULLSBROOK AND DELETE 'ADDITIONAL USE NO.46' AS A RESULT OF APPROVED METROPOLITAN REGION SCHEME AMENDMENT NO.1324/41 (CENTRAL BULLSBROOK URBAN

PRECINCT) 39

3.2 LOCAL STRUCTURE PLAN - LOT 100 (NO.50) & LOT 101 (NO.56) HAZELMERE CIRCUS AND LOT 95 (NO.5) LAKES ROAD, HAZELMERE (SWAN-SP/2019/5) 41 3.3 PROPOSED SUBDIVISION - LAND TO THE NORTH-EAST OF CRANWOOD

CRESCENT, VIVEASH (SB001-20) 42

3.5 PROPOSED GARAGE ADDITION AND OVER-WIDTH DRIVEWAY - LOT 5

(NO.54) VICTORIA STREET, GUILDFORD (DA665-19) 50

3.6 PROPOSED TWO STOREY SINGLE HOUSE - LOT 703 (NO.15) JOHNSON

STREET, GUILDFORD (DA590-19) 53

3.4 STATE ADMINISTRATIVE TRIBUNAL - RECONSIDERATION OF REFUSAL OF PROPOSED PLACE OF WORSHIP AND CHANGE OF USE OF EXISTING SINGLE HOUSE TO CARETAKER'S DWELLING - LOT 23 (NO.1) LAKEFARM RETREAT,

BALLAJURA (DA316-17) 58

3.7 PROPOSED EXTENSION TO REAR OF EXISTING SINGLE HOUSE - LOT 112

(NO.8) ROSELLA CIRCLE, BALLAJURA (RC006-19) 63

3.8 STATUTORY PLANNING DECISIONS UNDER DELEGATED AUTHORITY 64

4. OPERATIONAL MATTERS 65

4.1 EXCISION OF CROWN RESERVE 43065 - LOT 11928 CENTRAL AVENUE

RESERVE, HAZELMERE 65

4.2 PROPOSED DEDICATION OF A PORTION OF LAND AS ROAD - LLOYD STREET,

MIDLAND 66

4.3 REVOCATION OF MANAGEMENT ORDERS AND CEDING OF FREEHOLD LAND -

CITY OF BAYSWATER 67

5. FINANCIAL AND LEGAL MATTERS 68

5.1 LIST OF ACCOUNTS PAID - JANUARY 2020 68

5.2 FINANCIAL MANAGEMENT REPORT - JANUARY 2020 69

5.3 BUDGET ADJUSTMENTS 2019/2020 - MARCH 2020 70

5.4 2019/20 BUDGET REVIEW 71

6. GOVERNANCE 72

6.1 COMPLIANCE AUDIT RETURN 2019 - PERIOD 1 JANUARY 2019 TO

31 DECEMBER 2019 72

7. REPORTS OF THE CHIEF EXECUTIVE OFFICER 73

8. ADOPTION OF THOSE RECOMMENDATIONS CONTAINED IN ITEMS NOT

WITHDRAWN 74

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PART C - OTHER BUSINESS AND CLOSING PROCEDURES 77 1. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 77

C1.1 CR SCANLAN - REVIEW OF PAID PARKING IN MIDLAND 77

C1.2 CR CONGERTON -PROPOSED AMENDMENTS TO THE CITY OF SWAN MEETING

PROCEDURES LOCAL LAW 78

C1.7 CR SCANLAN - HOMELESSNESS AND ‘AT RISK’ YOUTH CRISIS IN THE CITY

OF SWAN 79

C1.3 CR KIELY - PEDESTRIAN ACCESS WAY - MIDLAND TRAIN STATION PARKING

TO MIDLAND SHOPPING PRECINCT 83

C1.4 CR KIELY - PROPOSED IMPROVEMENTS TO ROAD SAFETY 85

ADJOURNMENT 87

MEETING RECONVENED 88

PART C - OTHER BUSINESS AND CLOSING PROCEDURES 90 1. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 90

C1.5 CR KIELY - INVESTIGATION INTO CLEANAWAY FIRE 90

C1.6 CR KIELY - CEO'S PERFORMANCE REVIEW COMMITTEE - REPORT ON THE

CEO'S PERFORMANCE REVIEW 92

2. NOTICE OF MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING

IF GIVEN DURING THE MEETING 93

3. CONFIDENTIAL ITEMS 94

C3.5 RECRUITMENT PROCESS FOR CHIEF EXECUTIVE OFFICER 94 C3.1 PROPERTY DIVESTMENT - PORTION LOT 34 BENARA ROAD, CAVERSHAM 97

C3.2 ARTS IN ELLENBROOK - CONDITIONAL GRANT 98

C3.3 CR KIELY - REVOKING OR CHANGING DECISIONS (PROPOSED PURCHASE OF WATER LICENCE FOR DAYTON DISTRICT OPEN SPACE - ORDINARY MEETING

OF COUNCIL HELD ON 12 FEBRUARY 2020) 99

C3.4 CR KIELY - DAYTON SHOPPING CENTRE SITE CLEAN UP 101

4. CLOSURE 102

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CITY of SWAN

ORDINARY COUNCIL MEETING

PART A

OPENING PROCEDURES

11 MARCH 2020

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

ON WEDNESDAY 11 MARCH 2020 COMMENCING AT 6.00PM

PART A - OPENING PROCEDURES

1. OPENING AND ANNOUNCEMENT OF VISITORS

The Mayor welcomed those present and opened the meeting at 6.00pm.

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.

Please note that this meeting is live streamed. The recording will also be archived and made available on Council's website after the meeting.

If you choose to participate in the meeting during public question time or public statement time (where applicable) it is assumed your consent is given for the audio to be recorded. Please keep your comments respectful to the Council and other members of the community.

Visual images of the public will not be captured.

Conditions of Entry: No electronic, visual or audio recording or transmitting device or instrument is permitted to be used by any member of the public. A person who breaches this provision of the City of Swan Meeting Procedures Local Law 2019 will be required to immediately leave the premises.

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3. ATTENDANCE AND APOLOGIES

Councillors: Cr K Bailey Mayor, Pearce Ward (Presiding Member) Cr D Lucas Deputy Mayor, Altone Ward

Cr J Catalano Altone Ward Cr A Kiely Altone Ward

Cr I Johnson Midland/Guildford Ward

Cr R Predovnik Midland/Guildford Ward (from 6.12pm) Cr C Scanlan Midland/Guildford Ward

Cr P Jones Pearce Ward Cr C McCullough Pearce Ward Cr T Richardson Pearce Ward

Cr R Henderson Swan Valley/Gidgegannup Ward Cr C Zannino Swan Valley/Gidgegannup Ward Cr M Congerton Whiteman Ward

Cr J McNamara Whiteman Ward Cr B Parry Whiteman Ward Staff: Mr M Foley Chief Executive Officer

Mr M Bishop Executive Manager Community Wellbeing Mr J Coten Executive Manager Operations

Mrs K Leahy Executive Manager Stakeholder Relations

Mr S Tan Executive Manager Planning and

Development

Ms C Donegan A/Manager Governance and Strategy Mr P Russell Manager Statutory Planning

Ms R Ambrosius Coordinator Branding and Communications

Ms M Dwyer Governance Support Officer (Minute Clerk)

Leave of

Absence: Nil Apologies: Nil Members of

the Public: 30 (approximately)

Media: 1

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

Cr Zannino declared an impartiality interest in Item 13.7 - Midland Oval Redevelopment Urban Design Guidelines as a business partner owns land on The Crescent, Midland.

Cr Catalano declared an impartiality interest in Item 3.3 - Proposed Subdivision - Land to the North-East of Cranwood Crescent, Viveash (SB001-20) as she is a member of the Blackadder Catchment Group which made a submission.

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Cr Kiely declared an impartiality interest in Item 3.5 - Proposed Garage Addition and Over-Width Proposed Two Storey Single House - Lot 703 (No.15) Johnson Street, Guildford (DA590-19) and Item 3.6 Driveway - Lot 5 (No.54) Victoria Street, Guildford (DA665-19) as he is an Executive Member of the Guildford Association and may have contributed to discussion in regard to this item.

Cr Parry declared an impartiality interest in Item 4.3 - Revocation of Management Orders and Ceding of Freehold Land - City of Bayswater as his grandmother lives next to one of the parks.

5. PUBLIC QUESTION TIME

Public question time commenced at 6.02pm.

5.1 ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE Nil

5.2 QUESTIONS RELATING TO REPORTS CONTAINED IN THE AGENDA 5.2.1 Questions of which due notice has been given

Nil

5.2.2 Questions without due notice

Mr Clive Wallis (not relating to reports contained in the Agenda)

Q1 At the Special Meeting of Council of 17 February 2020 in regard to the proposed aged care development at Paradise Quays, Ballajura, it was stated in debate that there are nine (9) dwellings in Ballajura in excess of two storeys? Can staff please estimate how many private dwellings in Ballajura are in excess of two storeys and how many of them have a roof line protruding a full story or more above neighbouring houses and/or are noticeably out of character with other nearby dwellings or the general neighbourhood?

A1 The Mayor took the question on notice.

Q2 Should the development prove to be commercially unsuccessful, has the Council considered what steps may be necessary to avoid the neighbourhood being left with a partly completed, derelict eyesore? Will the Council require the project developer to insure itself against this eventuality?

A1 The Mayor took the question on notice.

(11)

Q3 In the promotion of the development, the Council has given the impression that the development primarily benefits Ballajura's aged. Will the Council require the developer to reserve a portion of aged care accommodation at Paradise Quays for Ballajura's aged residents?

A3 The CEO advised no.

Ms Susan Lavell

In regard to Item 2.1 - Petition- Seniors Membership Discount

Q1 The report explores in depth the financial implications of the City adopting the discount but does not explore the health benefits. Are you aware the petition gained the support of Hon Ken Wyatt, Mr Matthew Hughes and three medical doctors? There are potential savings on health care within the City of Swan.

A1 Question was taken to be a statement.

Q2 The report indicated that Swan Active facilities are under stress/will be under stress if the discount is extended to non-residents. Is it correct the City is putting money ($10m) into developments at Swan Active Midland?

A2 The Mayor advised the amount was more than $10m.

Q3 I request that the Council consider a pledge such as outlined in Option 2 i.e. to look at a loyalty card.

A3 The Mayor advised that would be a decision of Council when it considered the item.

Mr Geoff Barker

In regard to Item 2.1 - Petition - Seniors Membership Discount

Q1 Considering the health benefits, additional memberships and reputation/credibility that would come with extending the discount, why not invest in expanding the service above the 'penny pinching'? Why not implement a loyalty card.

A1 The Mayor advised that would be a decision of Council when it considered the item.

Cr Predovnik entered the Chamber at 6.12pm.

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5.3 OTHER QUESTIONS

5.3.1 Questions of which notice has been given Mr Dave Knight

Q1 Why did the City use such language as "embraced" and "committed" in reference to the 202020 Vision, then change its use of "committed" to

"intent" in later answers when it clearly has not embraced this program and had no intention of meeting its commitment to this program?

A1 Please see Question 3 and 4 from the answers provided at the Annual Electors Meeting. The City has answered the questions and there is no particular reason why certain words were used.

Q2 A total of 8 street trees were planted by the City in its street trees program in Midland in 2019. Does the City think this is an adequate response to meeting the 20% tree canopy target in the 202020 Vision?

A2 Street trees are planted at properties which request a tree and commit to water them. Access to this planting program is not restricted by suburb. In addition to the street tree program, the City has planted trees through the New Junction project and seedlings provided to “friends of” groups.

Q3 How do you respond to Q7 in the Ordinary Council Meeting 12/2/20 in the knowledge that l have since provided to the City, that two street trees, presumably requested by the ratepayers have died? What action will be taken against those ratepayers? What action will the City take to minimise the loss of street trees in the future?

A3 Street trees are planted at properties which request a tree and commit to water them. This limits the loss of street trees compared to planting without this process and allows the City to plant significantly more trees than if watering was required. Trees die for a variety of reasons and each case is treated on its merits.

Q4 In A5 of the Ordinary Council Meeting 12/2/20 you state water needs to be collected from impervious surfaces and directed to an appropriate location.

Considering water will find its own level, why did you not consider soak wells and tree planting as a passive, natural, cost effective way of dealing with storm water whilst at the same time, providing shade, habitat for animals and increasing the house values and the amenity of Midland?

A4 Midland sits on clay and so water infiltration will not function to the appropriate level to cope with major storm events. Drainage is necessary to ensure that properties do not flood and the road network functions effectively.

Q5 Where is the outlet for the Midland drainage?

A5 The Midland Catchment is made up of many different sub-catchments which have outlets at various points along the Swan and Helena Rivers.

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Mr Bob Elsbury

Q1 City of Swan pays approximately $2,000 per month to AIT Specialists, a WALGA approved supplier, to complete BAS and Fuel Tax Credit claims.

Does City of Swan not employ someone who is capable of completing these basic tasks?

A1 The City employs staff responsible for the Business Activity Statement (BAS) lodgement on behalf of the City, it’s in house expertise for calculation of expenditure associated with GST, FBT, PAYG and Fuel rebate.

AIT Specialist are used by the City for monthly correlation of fuel usage and the Diesel Fuel rebate. They have expertise in regulation changes on who/what can be claimed and provide a service that allows the City to get the maximum rebates.

Q2 Did City of Swan receive any contributions to Avon Descent 2019 from business or individuals? If yes, how much and in what form?

A2 The City of Swan received the following contributions:

Perth Airport: $15,000 Peet: $10,000

Midland Gate: $5,000 Lotterywest:$25,000

Q3 What works are/were being undertaken at Swan Valley Place Hub and what is the anticipated total cost?

A3 This project is to fit out the Swan Valley Place Hub to ensure it is suitable for staff to deliver services to the wider community. The cost is estimated at $135,000.

Q4 How many credit cards does City of Swan hold and how is expenditure authorisation and control managed?

A4 The City holds 81 credit cards. This area is subject to various audits (external and internal) and control measures to ensure good governance is in place.

Cardholders are required to submit their expenditure to their relevant Manager for approval. Credit cards are centrally reconciled on a monthly basis. In addition to this there is a central review of all approvals and expenditure on a quarterly basis to ensure they are in line with the City’s Credit Card Rules and Guidelines. The City’s Credit Card Rules and Guidelines are reviewed annually.

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Q5 The Midland Oval Precinct Plan Business Plan states, for all scenarios:

Land acquisitions will be a further $10,836,000

Remaining lot sales $40,596,000

Existing rental income from remaining lots $2,799,000

Given that real estate values are very fluid and still falling does City of Swan claim these figures are true and correct?

A5 The figures quoted in the Midland Oval Redevelopment Precinct Business Plan, as stated above, where correct at time of printing.

The financial model is updated in accordance with the business planning and budget process of Council on an annual basis, and is reflected in the Long Term Financial Plan. The market will dictate potential future acquisition prices and future lot sales.

Ms Deidre Julian

Q1 Where exactly is the current works taking place on the Midland drainage program?

A1 Locations scheduled for the 2019/20 financial year include William Street, Harper Street and Morrison Road.

Q2 In A11 of Mr Dave Knights questions without notice in the Ordinary Council Meeting 12/2/20, you state the need for traffic control. Why would a service vehicle with amber lights not suffice to alert road users to the fact a maintenance crew is working in the area? After all, rubbish is collected on Morrison Road once a week, largely without incident. Please state at what point there needs to be traffic management on a dual lane road.

A2 The City has a duty to ensure the safe working environment for its employees under the Occupational Health and Safety Regulations 1996.

Street tree maintenance and rubbish bin collection have different risks and safety requirements.

Q3 You state in the answers to questions on notice to Mr Dave Knight 22/1/20 Ordinary Meeting of Council that the last assessment of tree canopy was in 2016- presumably an infrared survey. You then state in ordinary meeting of Council 22/2/20 that the last infrared survey was in 2018. Which is it?

A3 A desktop study was conducted in 2016. The last infrared survey was conducted in 2018.

Q4 Given the fact we are facing increasing temperatures due to the climate emergency and trees will play a major role in alleviating those temperatures in built up areas and negating the heat island effect, do you consider it acceptable that the next survey for tree canopy will be in three years' time?

(15)

Q5 Why are ratepayers funding the collection of supermarket shopping trolleys, when it should be the responsibility of the supermarkets?

A5 The current issues with shopping trolleys and the reasons for this collection trial are outlined in the Council report presented at the Ordinary Meeting of Council on 12 February 2020. Currently the process to fine retailers or individuals removing trolleys is administratively cumbersome.

This trial and the data collected will help to inform the future direction of Council.

Ms Naomi Jenkin

Q1 What was the cost per head for the volunteers lunch function ($15,426) paid for on December 23rd?

A1 The payment was for various Council meetings and catering for the Swan Community Care Volunteer Lunch on Sunday, 15 December 2019.

The amount for the Swan Community Care Volunteer Lunch amounted to

$8,694.40 (inc GST). As per the invoice it stated 145 guests at $47.30 per head (inc GST) equalling $6,858.50 (inc GST). The remaining costs for ice, table cloths, staff, and room set up costs was $1,835.90 (incl GST).

Q2 What was the event applicable to the payment of $2,752.75 to Acclaimed Catering paid on December 16th?

A2 An amount of $893.75 (incl GST) was paid to Acclaimed Catering for the Lifespan Services team Business Unit Recognition Program (BURP) event.

Another amount of $1,859.00 (incl GST) was paid for the annual Bushfire Advisory Committee Christmas dinner following their last meeting of the year.

Q3 How much funding has City of Swan provided to Ellenbrook Community Collective either directly or indirectly for 2017/18 and 2018/19 and what were the attached conditions?

A3 This information has previously been provided at Council meetings. Please refer to the responses provided to questions in the minutes of the Ordinary Meeting of Council held on 5 June 2019 (from Mr Patrick Rosso provided in Public Question Time - Answers to Questions Taken on Notice and Cr Johnson in Members’ Questions – Answers to Questions Which Were Taken on Notice) and 12 February 2020 (Questions of Which Due Notice Has Been Given)

Q4 Currently three City of Swan Councillors (according to Ellenbrook Community Collective (ECC) website) occupy positions within the ECC including position of Chairperson. Two of these people are also members of the City of Swan Audit Committee. Given that City of Swan makes grants to this organisation don’t you see an obvious conflict of interest here?

A4 Under the Local Government Act 1995, a Councillor on a non-profit making community group, does not have to declare a financial interest on any matter involving providing funding to such a group. Depending on the circumstances, it may be appropriate for an impartiality interest be declared.

(16)

Q5 In the Ellenbrook Arts 2018/2019 Annual Report City of Swan is listed as a Sponsor of Ellenbrook Arts. What are the details of that sponsorship?

A5 The City of Swan agreed to provide funds to Ellenbrook Arts for the promotion of arts and culture within the district of the City of Swan by providing premises, marketing, personnel, creative resources and prize monies for the ongoing annual Ellenbrook Art Award.

Ms Stephanie Radis

Q1 What was the total cost of the staff Christmas function/party of 2019, and what was the attendance numbers?

A1 The total cost of the events was $35,193 and the total number of attendees

was 548.

Q2 What was the total cost of the Councillor’s Christmas dinner/function of 2019?

A2 The total cost of the event was $10,426.76 and the total number of attendees was 85.

Q3 What does the “Swan Valley Visitor Centre Familiarization Program” entail, and further, what does the $745 relate to?

A3 The Swan Valley Visitor Centre manages a comprehensive annual familiarisation (famil) program. The famil program sees all Visitor Centre staff and volunteers experience tourism partner product first hand. The program allows the City to maintain excellent product knowledge, stay abreast of industry developments, integrate with the local tourism industry and deliver the highest level of customer service.

The $745.50 paid to Sittella consisted of the following two invoices:

1. $120.00 for a Swan Valley Visitor Centre Familiarisation lunch held on 25 October 2019.

2. $625.50 for a Swan Volunteers Resource Centre Christmas Function (not associated with the Swan Valley Visitor Centre).

5.3.2 Questions without notice Nil

Public question time concluded at 6.13pm as there were no further questions.

(17)

6. PUBLIC STATEMENT TIME

6.1 Ms Audrey Baker support of the motion proposed at Item C1.7 - Cr Scanlan - Homelessness and ‘At Risk’ Youth Crisis in the City of Swan.

6.2 Ms Sue Bennetts in regard to Item 2.1 - Petition - Seniors Membership Discount, supporting the extension of the seniors discount to non-residents and ratepayers.

6.3 Mr Geoff Barker in regard to Item 2.1 - Petition - Seniors Membership Discount, supporting the extension of the seniors discount to non-residents and ratepayers.

7. PETITIONS

7.1 Petition containing 142 signatures (68 from City of Swan identified) requesting a change of street name for Liberte Crescent in Baskerville to Catchem Corner.

RESOLVED UNANIMOUSLY that the above petition be referred to the CEO and a report be submitted to a future Council meeting.

(Cr Henderson – Cr Jones)

8. DEPUTATIONS Nil

9. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION Nil

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10. MEMBERS' QUESTIONS

10.1 ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE Cr Johnson

Q1 In regard to the 230 noise complaints received (in the previous calendar year) how many resulted in:

• Issue of Infringement Notices

• Prosecution for causing / allowing unreasonable noise to be emitted

• Issue of a Noise Abatement Direction

• Issue of an Environmental Protection Notice

• Seizure of Equipment

A1 The City is successful in resolving the vast majority of complaints without recourse to formal enforcement.

Most complaints result in a warning letter (or 2) which usually resolves the matter.

Actions as per the categories above:

• Issue of Infringement Notices: Four (4)

• Prosecution for causing / allowing unreasonable noise to be emitted:

One (1) prosecution commenced in 2019 (after infringements had been issued) and is due to be heard in mid-2020

• Issue of a Noise Abatement Direction: One (1) in December 2018

• Issue of an Environmental Protection Notice: Nil

• Seizure of Equipment: One (1) (in conjunction with WA Police)

Q3 (In regard to the Ellenbrook Community Collective) Have they (acquittals) been received (for funding provided) and are they in good order?

A3 Yes.

Cr Catalano

Q2 (In regard to Item 3.12 - Proposed Extension of Time to the Term of Approval for Lunch Bar at Lot 400 (No.107) Clayton Street, Bellevue and Warehouse at Lot 510 (No.109) Clayton Street, Bellevue (DA395-15/B and DA396-15/B) Was the application (approved under delegated authority) advertised?

A2 No.

(19)

Cr Richardson

Q2 Has the City ever viewed the Constitution or Rules of the ECC before deciding to contribute funds?

A2 Applicants are not required to provide a copy of their constitution/governing rules when applying for a grant through the Swan Community Funding Scheme. However, a copy of their Certificate of Incorporation (approved by the Department of Mines, Industry Regulation and Safety) as well as a copy of their Certificates of Currency is requested.

When any group applies for funding through the Ellenbrook Community Facility Reserve and the Aveley Community Reserve, the Certificate of Incorporation is also requested.

The Commissioner for Consumer Protection will approve an application for incorporation if satisfied the:

• association is eligible for incorporation;

• rules of the association conform with the Associations Incorporation Act (the Act); and

• name of the association is appropriate in accordance with the Act.

In this regard there is no need for the City to go into the detail of every association’s rules as this is assessed and approved by Consumer Protection.

Cr McNamara

Q1 Why did the Presiding Member allow a motion to be debated and passed by this Council that was totally contrary to that previously passed by this Council and never revoked?

A1 If you are referring to the alternate motion put forward by Cr Parry regarding the buffer zone at Emu Swamp, this was a new specification.

The Council has not previously specifically ruled this out, so there was no requirement to revoke an earlier decision.

Q2 Can a motion/decision that has serious implications for a legitimate and approved contract between the City and a third party be allowed to be actioned?

A2 Councillors cannot make resolutions that are ‘illegal’ i.e. contrary to written law. However, they can make changes to agreements and policies, as long as they understand the consequences of making those changes.

Changes to contractual agreements may result in breaches of contract, which may incur damages (costs).

10.2 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN Nil

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10.3 QUESTIONS OF WHICH DUE NOTICE HAS NOT BEEN GIVEN Cr Parry

Q1 When is the Fauna Protection Policy going to be provided to Council?

A1 Executive Manager Planning and Development advised that further discussion was required. The City has previously provided information that the most effective method of fauna protection is culling. This was the recommendation of the Department of Biodiversity, Conservation and Attractions.

Cr Predovnik

Q1 It is therefore the City's policy to cull animals?

A1 The CEO advised no, there is no policy at this time. However all the evidence was that relocation, of kangaroos in particular, is not good for their health. The City has been advised by the relevant Departments is that culling is the best approach. For that reason the City has not proceeded with a policy.

Cr Scanlan

Q1 What action has the City taken since August 2019 when the Council recognised we are in a climate change emergency, requiring action by all levels of government?

A1 A/Manager Governance and Strategy advised the City advocates for the State and Federal Government to recognise a climate emergency and to take action.

The City remains involved in the Climate Councils’ Cities Power Partnership since the original pledge in 2017.

11. LEAVE OF ABSENCE

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

Cr Congerton

Whiteman Ward 20 March 2020 to 27 March 2020 (inclusive)

(Cr Parry – Cr Zannino)

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12. CONFIRMATION OF MINUTES

12.1 Confirmation of Minutes of the Ordinary Meeting of Council held on 12 February 2020.

12.2 Confirmation of Minutes of the Special Meeting of Council held on 17 February 2020.

RESOLVED UNANIMOUSLY that the Minutes of the Ordinary Meeting of Council held on 12 February 2020 and Special Meeting of Council held on 17 February 2020 be confirmed.

(Cr McCullough – Cr Scanlan)

(22)

13. ANY BUSINESS LEFT OVER FROM PREVIOUS MEETING 13.1 PETITION - FAUNA PROTECTION POLICY

This matter was deferred at the Ordinary Council Meeting held on 24 October 2018 until such time as all relevant conversations with experts can be completed, and that interested Councillors have the opportunity to meet with planning staff to discuss these findings.

Update:

City officers have met with officers of the Department of Biodiversity, Conservation and Attractions to discuss the City’s approaches to fauna management. A report on this matter will be returned to Council at an upcoming meeting.

13.2 CARETAKER'S DWELLING (EXISTING) - LOT 7 (NO.16) OLD TOODYAY ROAD, GIDGEGANNUP (DA853-17)

This matter was deferred at the Ordinary Meeting of Council held on 13 March 2019 to allow staff to allow the owners to obtain a report from a suitably qualified fire protection professional. The fire protection professional is to advise on the design of fire protection measures and these measures are to form conditions as part of a potential approval to run with the ownership of the property.

Update:

A report is due to be referred back to Council at its 8 April 2020 Ordinary Meeting of Council.

13.3 PROPOSED HENLEY BROOK LOCAL STRUCTURE PLAN - VARIOUS LOTS IN HENLEY BROOK (SWAN-SP/2019/4)

This matter was deferred at the Ordinary Meeting of Council held on 22 January 2020 to allow residents of Morgan Fields to make further submissions on the plan and for City staff to write to all landowners to ascertain the percentage of landowners willing to participate in the Local Structure Plan and subsequent Development Contribution Plan.

13.4 CHANGE OF USE FROM 'SHED' TO 'ANCILLARY DWELLING' & ASSOCIATED WORKS - LOT 56 (NO.107) LAKEVIEW DRIVE, GIDGEGANNUP (DA536-19) This matter was deferred at the Ordinary Meeting of Council held on 12 February 2020 to enable the applicant time to make arrangements with her neighbour – the owners of No. 111 Lakeview Drive, Gidgegannup - to clear that vegetation on their land that contributes to a Bushfire Attack Level Rating of BAL- 40 to the applicants shed.

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13.5 ELLENBROOK COMMUNITY SECURITY PATROL SURVEY

Ward: (Pearce Ward) (Community Safety) Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Community Wellbeing)

RECOMMENDATION That the Council resolve to:

1) Not reinstate a Community Security Patrol in Ellenbrook.

2) Resurvey Ellenbrook residents and ratepayers in 2021.

3) Continue the range of other crime prevention and Community Safety initiatives in Ellenbrook in partnership with WA Police and local community groups.

4) Provide information to the Ellenbrook community on the results of the community survey and Council decision.

MOTION that the Council resolve to:

1) Not reinstate a Community Security Patrol in Ellenbrook.

2) Resurvey Ellenbrook and Morgan Fields residents and ratepayers in 2021.

3) Include within the resident and ratepayer survey in 2021, up to date crime data for Ellenbrook.

4) Continue the range of other crime prevention and community safety initiatives in Ellenbrook in partnership with WA Police and local community groups.

5) Provide information to the Ellenbrook community on the results of the community survey and Council decision.

6) Record the reason for changing the officer recommendation is that Morgan Fields should specifically remain part of the future survey and that the addition of crime data for the area in the survey will enable residents and ratepayers to make a more informed decision as to their preference.

(Cr Jones – Cr Henderson)

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RESOLVED (9/6) TO:

1) Not reinstate a Community Security Patrol in Ellenbrook.

2) Resurvey Ellenbrook and Morgan Fields residents and ratepayers in 2021.

3) Include within the resident and ratepayer survey in 2021, up to date crime data for Ellenbrook.

4) Continue the range of other crime prevention and community safety initiatives in Ellenbrook in partnership with WA Police and local community groups.

5) Provide information to the Ellenbrook community on the results of the community survey and Council decision.

6) Record the reason for changing the officer recommendation is that Morgan Fields should specifically remain part of the future survey and that the addition of crime data for the area in the survey will enable residents and ratepayers to make a more informed decision as to their preference.

For: Cr Bailey, Congerton, Henderson, Jones, Lucas, McCullough, McNamara, Parry and Zannino

Against: Cr Catalano, Johnson, Kiely, Predovnik, Richardson and Scanlan

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13.6 MIDLAND ACTIVITY CENTRE DESIGN GUIDELINES

Ward: (Midland/Guildford Ward) (Strategic Planning) Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

RECOMMENDATION That the Council resolve to:

1) Advertise the Midland Activity Centre Design Guidelines as a Local Planning Policy under Clause 2.4 of Local Planning Scheme No.17 in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015.

MOTION that the Council resolve to:

1) Amend the Midland Activity Centre Design Guidelines as follows:

a. Section 1 Introduction to include the following paragraph after paragraph 2:

The design of new development in the Midland Activity Centre should respect and retain the existing heritage buildings on the Heritage List to ensure that Midland’s built heritage as a gold rush era railway town is preserved for future generations.

b. Change objective bullet point 1 under Section 2.2.5 Heritage, to read:

Development of heritage places accord with the relevant statement of significance and level of protection or management identified in the City of Swan’s Local Government Inventory or the State Register of Heritage Places.

2) Advertise the Midland Activity Centre Design Guidelines as a Local Planning Policy under Clause 2.4 of Local Planning Scheme No.17 in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015.

3) Record the reason for changing the officer recommendation is to ensure that the need to preserve Midland’s heritage as described in section 2.2.5 Heritage is given prominence in the document.

(Cr Johnson – Cr Scanlan)

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AMENDMENT TO THE MOTION

Cr Predovnik requested the following amendment:

The words “gold rush era” be removed from Part 1)a.

The mover and seconder of the substantive motion agreed to the amendment.

THE AMENDMENT BECAME PART OF THE SUBSTANTIVE MOTION

RESOLVED UNANIMOUSLY TO:

1) Amend the Midland Activity Centre Design Guidelines as follows:

a. Section 1 Introduction to include the following paragraph after paragraph 2:

The design of new development in the Midland Activity Centre should respect and retain the existing heritage buildings on the Heritage List to ensure that Midland’s built heritage as a railway town is preserved for future generations.

b. Change objective bullet point 1 under Section 2.2.5 Heritage, to read:

Development of heritage places accord with the relevant statement of significance and level of protection or management identified in the City of Swan’s Local Government Inventory or the State Register of Heritage Places.

2) Advertise the Midland Activity Centre Design Guidelines as a Local Planning Policy under Clause 2.4 of Local Planning Scheme No.17 in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015.

3) Record the reason for changing the officer recommendation is to ensure that the need to preserve Midland’s heritage as described in section 2.2.5 Heritage is given prominence in the document.

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13.7 MIDLAND OVAL REDEVELOPMENT URBAN DESIGN GUIDELINES

Ward: (Midland/Guildford Ward) (Strategic Planning) Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

Cr Zannino declared an impartiality interest in Item 13.7 - Midland Oval Redevelopment Urban Design Guidelines as a business partner owns land on The Crescent, Midland.

RECOMMENDATION That the Council resolve to:

1) Advertise the Midland Oval Redevelopment Urban Design Guidelines as a Local Planning Policy under Clause 2.4 of Local Planning Scheme No.17 in accordance with the Local Planning and Development (Local Planning Schemes) Regulations 2015.

MOTION that the Council resolve to:

1) Advertise the Midland Oval Redevelopment Urban Design Guidelines as a Local Planning Policy under Clause 2.4 of Local Planning Scheme No.17 in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015, with the following changes:

a. In section 1.2 Vision on page 4 of the Design Guidelines, insert an additional bullet point:

• Retain the heritage buildings on The Avenue That are listed at Category 3 in the Municipal Heritage Inventory.

b. In section 2.4 Sub-precincts on page 15 of the Design Guidelines, insert an additional sentence to the final paragraph under sub-precinct A:

These properties are to be retained in any new development.

c. In section 2.4 Sub-precincts on page 15 of the Design Guidelines, insert an additional sentence to the final paragraph under sub-precinct F:

These properties are to be retained in any new development.

d. In section 4.2.1 Architectural Character on page 44 of the Design Guidelines, insert 2 new bullet points under Design Requirements:

• The buildings on The Avenue currently listed at Category 3 on the Municipal Heritage Inventory are to be retained in the new development.

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• All buildings on the Municipal Heritage Inventory are recommended to be retained in the new development.

2) The reasons for changing the officer recommendation are:

1. To retain the heritage character of Midland for future generations.

2. To recognise that the contents of the Municipal Heritage Inventory may change during the lifetime of these guidelines.

(Cr Johnson – Cr Scanlan)

AMENDMENT TO THE MOTION

Cr Lucas requested the following amendments:

1) Amend the bullet point in Part 1)a. to read:

• Recommend that the heritage buildings on The Avenue that are listed at Category 3 in the Municipal Heritage Inventory be retained

2) Insert the word "Recommend" at the commencement of the new sentence referred to in Part 1)b.

3) Insert the word "Recommend" at the commencement of the new sentence referred to in Part 1)c.

4) Insert the word "Recommend" at the commencement of the first new bullet point referred to in Part 1)d.

The mover and seconder of the substantive motion agreed to the amendment.

THE AMENDMENT BECAME PART OF THE SUBSTANTIVE MOTION

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RESOLVED (14/1) TO:

1) Advertise the Midland Oval Redevelopment Urban Design Guidelines as a Local Planning Policy under clause 2.4 of Local Planning Scheme No.17 in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015, with the following changes:

a. In section 1.2 Vision on page 4 of the Design Guidelines, insert an additional bullet point:

• Recommend that the heritage buildings on The Avenue that are listed at Category 3 in the Municipal Heritage Inventory be retained.

b. In section 2.4 Sub-precincts on page 15 of the Design Guidelines, insert an additional sentence to the final paragraph under sub-precinct A:

Recommend these properties are to be retained in any new development.

c. In section 2.4 Sub-precincts on page 15 of the Design Guidelines, insert an additional sentence to the final paragraph under sub-precinct F:

Recommend these properties are to be retained in any new development.

d. In section 4.2.1 Architectural Character on page 44 of the Design Guidelines, insert 2 new bullet points under Design Requirements:

• Recommend the buildings on The Avenue currently listed at Category 3 on the Municipal Heritage Inventory are to be retained in the new development.

• All buildings on the Municipal Heritage Inventory are recommended to be retained in the new development.

2) The reasons for changing the officer recommendation are:

1. To retain the heritage character of Midland for future generations.

2. To recognise that the contents of the Municipal Heritage Inventory may change during the lifetime of these guidelines.

For: Crs Bailey, Catalano, Congerton, Henderson, Johnson, Jones, Kiely, Lucas, McCullough, Parry, Predovnik, Richardson, Scanlan and Zannino

Against: Cr McNamara

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13.8 GUILDFORD HAZELMERE LOCAL AREA PLAN

Ward: (Midland/Guildford Ward) (Strategic Planning) Disclosure of Interest: No

Authorised Officer: (Executive Manager Planning and Development)

RECOMMENDATION That the Council resolve to:

1) Adopt the Guildford Hazelmere Local Area Plan 2020 subject to the following highlighted (in bold) modifications:

a. Action 1: Consider and respond to the impacts of major road upgrades in Hazelmere on traffic congestion in Hazelmere and South Guildford within the review the City's Transport Strategy.

b. Action 12. Investigate the use of available planning mechanisms to guide public realm improvements in Guildford’s commercial precinct.

c. Action 14. Implement the actions of the Guildford Heritage Precinct Master Plan adopted by Council on 6 July 2016 and review implementation through the City’s Asset Management Plan.

d. Action 15. Implement the Guildford Precinct Parking Plan and strengthen enforcement in accordance with Part 8 of the City of Swan Consolidated Local Laws 2005.

e. Action 18. Review and apply the Guildford Conservation Policy in partnership with the Heritage Council of Western Australia, and recognise and enhance, where possible the amenity of Guildford based on it being a State Registered Place.

f. Action 19. Work with the WAPC to improve walking/cycling trails along the Swan and Helena Rivers as identified in the City's Tracks and Trails Study and Cycle Plan, including a link between Reid Highway Bridge across the Swan river and Guildford.

g. Action 20. Continue the investigation into a new footbridge to connect Guildford and South Guildford over the Helena River to improve connectivity on behalf of the WAPC.

h. Action 22. Consider Guildford sites in the future implementation of electric charging stations or other sustainable technologies that facilitate non carbon transport options.

i. Action 24. Liaise with developers when designing parks and other public places to include and promote recycling with a trial at Bushmead Estate and consider retrofitting existing parks.

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j. Action 25. Consider the dissatisfaction of community members in relation to aircraft noise in continued discussions with Perth Airport regarding aircraft noise and its effects on local residents and visitors in this local area.

k. Action 30. Investigate revitalisation and/or activation of local centres where there is support from land and business owners at the Waterhall and Queens Road shops.

l. Action 32. Review and action the Tourism Development Strategy and reflect promotional opportunities provided by the State Heritage Listing of Guildford. Continue to advocate for the reestablishment of an operational wharf at Moulton’s Landing in Guildford. Continue to liaise with the Swan Guildford Historical Society over a future museum site.

m. Action 34. Support an inclusive, respectful committee to mark 200 years of European settlement.

n. Action 36. Encourage community opportunities in cultural tourism and interpretation when developing the City's Reconciliation Action Plan.

o. Add legends to Figure 6 and to the Social Pinpoint result maps on pages 61, 81, 92 and 94.

2) Advise those that lodged submissions in both stages of consultation of the draft Guildford Hazelmere Local Area Plan, of the Council's decision accordingly.

3) That Councillor’s be provided with an opportunity to comment on all future Local Area Plans, after public consultation, and prior to Council adoption.

CARRIED

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13.9 LOCAL DEVELOPMENT PLAN - MORRISON ROAD WEST

Ward: (Midland/Guildford Ward) (Strategic Planning) Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

RECOMMENDATION That the Council resolve to:

1) Advertise the Morrison Road West Local Development Plan under Schedule 2, Part 6, Clause 50 of the Local Planning and Development (Local Planning Schemes) Regulations 2015.

MOTION that the Council resolve to:

1) Advertise the Morrison Road West Local Development Plan under Schedule 2, Part 6, Clause 50 of the Planning and Development (Local Planning Schemes) Regulations 2015.

2) Request staff to obtain permission from the owner of Lot 1 (No.40) Byers Road, Midland to nominate the property to be assessed for possible inclusion in the City’s Municipal Heritage Inventory.

3) Subject to the owner’s consent, have the property assessed by a heritage consultant to be appointed through the City’s procurement process.

4) The reason for changing the officer recommendation is that Lot 1 (No.40) Byers Road, Midland is a 116 year old iconic heritage house in good condition in a prominent position and its retention is desirable to protect the traditional streetscape.

(Cr Johnson – Cr Kiely)

AMENDMENT TO THE MOTION

Cr Scanlan requested the following amendment:

That the work "Not" be inserted at the commencement of Part 1).

The Presiding Member ruled the amendment out of order as it would be contrary to the motion.

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RESOLVED (12/3) TO:

1) Advertise the Morrison Road West Local Development Plan under Schedule 2, Part 6, Clause 50 of the Planning and Development (Local Planning Schemes) Regulations 2015.

2) Request staff to obtain permission from the owner of Lot 1 (No.40) Byers Road, Midland to nominate the property to be assessed for possible inclusion in the City’s Municipal Heritage Inventory.

3) Subject to the owner’s consent, have the property assessed by a heritage consultant to be appointed through the City’s procurement process.

4) The reason for changing the officer recommendation is that Lot 1 (No.40) Byers Road, Midland is a 116 year old iconic heritage house in good condition in a prominent position and its retention is desirable to protect the traditional streetscape.

For: Crs Bailey, Congerton, Henderson, Johnson, Jones, Kiely, Lucas, McCullough, Parry, Richardson, Scanlan and Zannino

Against: Cr Catalano, McNamara and Predovnik

RESOLVED UNANIMOUSLY that the reports of Council in Part A of the Agenda not withdrawn be received and the recommendations therein adopted:

Items 13.8

(Cr Parry - Cr Johnson)

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CITY of SWAN

ORDINARY COUNCIL MEETING

PART B

REPORTS

11 MARCH 2020

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PART B - REPORTS

1. CORPORATE PLANNING AND POLICY Nil

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2. COMMUNITY PLANNING AND DEVELOPMENT 2.1 PETITION- SENIORS MEMBERSHIP DISCOUNT

Ward: (Midland/Guildford Ward) (Leisure Services) Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Community Wellbeing)

RECOMMENDATION That the Council resolve to:

1) Note the information in this report

2) Advise the petitioners that the current discount fee structure will remain applicable only to residents and ratepayers of the City as it is funded by ratepayers of the City.

MOTION that the Council resolve to:

1) Note the information in this report.

2) Advise the petitioners that the current discount fee structure will remain applicable to residents and ratepayers of the City as it is funded by ratepayers of the City, except for members of City of Swan Senior Citizens Clubs.

3) Add to the current discount fee structure, any paid up member of a City of Swan Senior Citizens Club, who is also 65 or older and holds a Seniors Card or is a pensioner, but not necessarily a resident or ratepayer of the City of Swan.

4) A person applying for the discount in accordance with Part 2) are to produce a current membership card for the discount.

5) Record the reason for changing the officer recommendation is that contributors to the ongoing survival of Senior Citizen Clubs often rely on members of our close neighbouring local government areas and contribute to the wellbeing of citizens in the City. For example, the previous President of the Ballajura Seniors was in fact not a resident of the City and gave up his and his wife’s time to run and enhance the Club.

(Cr McNamara – Cr Congerton)

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AMENDMENT TO THE MOTION

Cr Kiely requested the motion be amended such that a discount for disabled residents and ratepayers also be applied.

Cr Kiely withdrew the amendment on advice that applying an additional discount should be considered as a separate matter as it would require additional information,

assessment and consideration.

FORESHADOWED MOTION:

In the event of the motion being defeated, Cr Scanlan foreshadowed that she would move to extend the current seniors discount to neighbouring local government residents and ratepayers.

AMENDMENT TO THE MOTION

Cr Richardson requested the motion be amended such that a discount for volunteers also be applied.

Cr Richardson withdrew the amendment on advice that applying an additional discount should be considered as a separate matter as it would require additional information, assessment and consideration.

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RESOLVED (9/6) TO:

1) Note the information in this report.

2) Advise the petitioners that the current discount fee structure will remain applicable to residents and ratepayers of the City as it is funded by ratepayers of the City, except for members of City of Swan Senior Citizens Clubs.

3) Add to the current discount fee structure, any paid up member of a City of Swan Senior Citizens Club, who is also 65 or older and holds a Seniors Card or is a pensioner, but not necessarily a resident or ratepayer of the City of Swan.

4) A person applying for the discount in accordance with Part 2) are to produce a current membership card for the discount.

5) Record the reason for changing the officer recommendation is that contributors to the ongoing survival of Senior Citizen Clubs often rely on members of our close neighbouring local government areas and contribute to the wellbeing of citizens in the City. For example, the previous President of the Ballajura Seniors was in fact not a resident of the City and gave up his and his wife’s time to run and enhance the Club.

For: Crs Bailey, Catalano, Congerton, Johnson, Jones, McNamara, Predovnik, Richardson and Zannino

Against: Crs Henderson, Kiely, Lucas, McCullough, Parry and Scanlan

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3. STATUTORY PLANNING

3.1 PROPOSED AMENDMENT NO.186 TO LOCAL PLANNING SCHEME NO.17 - TO REZONE PARTS OF TWO (2) PROPERTIES IN BULLSBROOK AND DELETE 'ADDITIONAL USE NO.46' AS A RESULT OF APPROVED

METROPOLITAN REGION SCHEME AMENDMENT NO.1324/41 (CENTRAL BULLSBROOK URBAN PRECINCT)

Ward: (Pearce Ward) (Statutory Planning) Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

RECOMMENDATION That the Council resolve to:

1) Support and initiate Amendment No.186 to Local Planning Scheme No.17 to:

a. Modify the Scheme Maps to:

i. Rezone portion of Lot 1354 Great Northern Highway and portion of Lot 1314 Chittering Road, Bullsbrook from 'General Rural' to 'Residential Development'.

ii. Delete the 'Additional Use No.46' (AU 46) annotation from Lot 1314 Chittering Road, Bullsbrook.

b. Modify the Scheme Text to delete the following 'Additional Use No.46' from Schedule 2 - Additional Uses:

No. Description of

Land Additional Use Conditions

46 Lot 1314 on

P247991 Great Northern

Highway, Bullsbrook

“D” - Greenwaste

Recycling Facility 1. The additional use referred to is restricted to the area of 5ha.

2. The additional use referred to is subject to the following conditions:

3. No Biosolids are to be produced or stored on site.

4. No Manures are to be produced or stored on site.

5. The additional use shall not be continued after 30 June 2005, unless

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otherwise approved by the Council.

2) Inform the Western Australian Planning Commission and the Minister of Planning that the Council considers the proposed amendment a ‘standard amendment’ as it is not considered a basic amendment since the scope of the change from rural to an urban residential zoning on this land will have more than a minimal effect on landowners and the local planning scheme.

3) Refer the proposed amendment to the Environmental Protection Authority for consent to advertise and once consent is given, commence advertising in accordance with the procedures set out in the Planning and Development (Local Planning Scheme) Regulations 2015.

CARRIED

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3.2 LOCAL STRUCTURE PLAN - LOT 100 (NO.50) & LOT 101 (NO.56) HAZELMERE CIRCUS AND LOT 95 (NO.5) LAKES ROAD, HAZELMERE (SWAN-SP/2019/5)

Ward: (Midland/Guildford Ward) (Statutory Planning) Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

RECOMMENDATION That the Council resolve to:

1) Recommend to the Western Australian Planning Commission to approve the proposed Local Structure Plan pertaining to Lot 100 (No.50) and Lot 101 (No.56) Hazelmere Circus and Lot 95 (No.5) Lakes Road, Hazelmere, subject to the following:

a. The Local Structure Plan is to be modified by deleting "Indicative Landscape Location" from the Legend.

b. Section 5.3 of the Local Water Management Strategy is to be updated by removing the reference to leach drains as an option for on-site effluent disposal.

c. Section 1.3.4 (Policies) of Part 2 of the Local Structure Plan report is to be modified by the addition of text referencing how the objectives of the Directions 2031 are met in terms of job creation and economic development of the strategic industrial centre.

d. Section 1.3.3.2 (Hazelmere Enterprise Area Structure Plan) of Part 2 of the Local Structure Plan report is to be amended by the addition of the Precinct 3 objective to “provide a buffer between the HEA Core area and the residential areas and an opportunity for smaller local businesses to establish that do not cause any injury or adversely affect the amenity of the locality”.

2) Forward the proposed Local Structure Plan to the Western Australian Planning Commission for their determination.

3) Advise the applicant, landowners and those persons and agencies who lodged a submission of Council's decision accordingly.

CARRIED

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3.3 PROPOSED SUBDIVISION - LAND TO THE NORTH-EAST OF CRANWOOD CRESCENT, VIVEASH (SB001-20)

Ward: (Midland/Guildford Ward) (Statutory Planning) Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

Cr Catalano declared an impartiality interest in Item 3.3 - Proposed Subdivision - Land to the North-East of Cranwood Crescent, Viveash (SB001-20) as she is a member of the Blackadder Catchment Group which made a submission.

RECOMMENDATION That the Council resolve to:

1) Recommend to the Western Australian Planning Commission to approve subdivision application WAPC 158848 subject to the following conditions:

1. The plan of subdivision is to be modified so that the public open space is increased in area to 0.4 hectares and designed to retain the identified Eucalyptus wandoo trees, as generally depicted and annotated on the attached plan of subdivision (Attachment 3).

2. A noise management plan outlining the recommended type and specification of physical noise barrier to achieve acceptable noise levels at surrounding sensitive land uses, and the extent of proposed lot(s) requiring Quiet House design and notification on title is to be:

a) prepared by the landowner/applicant and approved prior to the commencement of subdivisional works; and,

b) implemented during subdivisional works;

to the satisfaction of the local government.

3. A notification, pursuant to Section 165 of the Planning and Development Act 2005 is to be placed on the certificate(s) of title of the proposed lot(s) advising of the existence of a hazard or other factor. Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows:

“This lot is in close proximity to an existing bricks works and may be adversely affected by virtue of gaseous, odour, noise and/or dust emissions from that facility.”

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4. A notification, pursuant to Section 165 of the Planning and Development Act 2005 is to be placed on the certificates of title of aircraft noise affected lot(s) advising of the existence of a hazard or other factor. Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows:

“This lot is situated in the vicinity of Perth Airport, and is currently affected, or may in the future, be affected by aircraft noise. Noise exposure levels are likely to increase in the future as a result of increases in numbers of aircraft using the airport, changes in aircraft type or other operational changes.

Further information about aircraft noise, including development restrictions and noise insulation requirements for noise-affected properties, are available on request from the relevant local government offices.” (AM8)

5. Engineering drawings and specifications are to be submitted, approved, and works undertaken in accordance with the approved engineering drawings, specifications and approved plan of subdivision, for grading and/or stabilisation of the site to ensure that:

a) lots can accommodate their intended use; and,

b) finished ground levels at the boundaries of the lot(s) the subject of this approval match or otherwise coordinate with the existing and/ or proposed finished ground levels of the land abutting. (D1)

6. Prior to the commencement of subdivisional works, an urban water management plan is to be prepared and approved, in consultation with the Department of Water and Environmental Regulation, consistent with any approved Drainage and Water Management Plan. (D2)

7. Engineering drawings and specifications are to be submitted and approved, and works undertaken in accordance with the approved engineering drawings and specifications and approved plan of subdivision, for the filling and/or draining of the land, including ensuring that stormwater is contained on-site, or appropriately treated and connected to the local drainage system.

Engineering drawings and specifications are to be in accordance with an approved Urban Water Management Plan (UWMP) for the site, or where no UWMP exists, to the satisfaction of the Western Australian Planning Commission. (D3)

8. Prior to the commencement of subdivisional works, the landowner/applicant is to provide a pre-works geotechnical report certifying that the land is physically capable of development or advising how the land is to be remediated and compacted to ensure it is capable of development; and,

In the event that remediation works are required, the landowner/applicant is to provide a post geotechnical report certifying that all subdivisional works have been carried out in accordance with the pre-works geotechnical report.

(D5)

9. Drainage easements and reserves as may be required by the local government for drainage infrastructure being shown on the diagram or plan of survey (deposited plan) as such, granted free of cost, and vested in that local government under Sections 152 and 167 of the Planning and Development Act 2005. (D8)

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10. Uniform fencing being constructed along the lot boundaries of the proposed temporary drainage lot. (B2)

11. A Construction Environmental Management Plan, inclusive of arborist report to ensure the identification and protection of any vegetation on the site worthy of retention that is not impacted by subdivisional works, and fauna relocation plan to manage potential impacts on fauna, is to be:

a) prepared by the landowner/applicant and approved prior to the commencement of subdivisional works; and,

b) implemented prior to and during subdivisional works (as required);

to the satisfaction of the local government.

12. The submitted Bushfire Management Plan prepared by Emerge Associates (Version 1, dated December 2019) being updated, approved and relevant bushfire protection measures therein implemented during subdivisional works to address the following:

a) include details of a water licence and/or landscaping strategy to demonstrate to the City’s satisfaction that vegetation within the POS and road reserves can be managed consistent with low-threat vegetation, or otherwise re-classify the vegetation and update the BAL Contour Map and indicative BAL ratings for all lots accordingly;

b) specify the requirement for the proposed Eveline Road connection to be constructed in the first stage of subdivision in order to achieve Acceptable Solution A3.1 – Two Access Routes of the Guidelines for Planning in Bushfire Prone Areas;

This information should include a completed ‘Certification by Bushfire Consultant’ from the bushfire management plan. (F1)

13. A notification, pursuant to Section 165 of the Planning and Development Act 2005, is to be placed on the certificate(s) of title of the proposed lot(s) with a Bushfire Attack Level (BAL) rating of 12.5 or above, advising of the existence of a hazard or other factor. Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows:

“This land is within a bushfire prone area as designated by an Order made by the Fire and Emergency Services Commissioner and is subject to a Bushfire Management Plan. Additional planning and building requirements may apply to development on this land.” (F2)

14. Local Development Plan(s) being prepared and approved for lots shown on the approved plan of subdivision that address the following:

a) "Quiet House" design requirements, including the siting of outdoor living areas, for lots affected by noise as identified in an approved noise management plan; and,

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