additional documents - ordinary meeting of council

ADDITIONAL DOCUMENTS

Ordinary Meeting of Council

Wednesday, 27 November 2013, 6.00 pm

Additional Documents - Ordinary Meeting of Council 27 November 2013

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TABLE OF CONTENTS

SUBJECT PAGE

SGS1311-13 NOTICE OF MOTION HIGH STREET UPGRADE 3

SGS1311-12 – KIDOGO ART HOUSE - PROPOSED PLAN FOR SMALL BAR AT SHIPSWRIGHT BUILDING - 49 MEWS ROAD BATHERS BEACH – CR ANDREW SULLIVAN 17

SGS1311-12 – KIDOGO ART HOUSE - PROPOSED PLAN FOR SMALL BAR AT SHIPSWRIGHT BUILDING - 49 MEWS ROAD BATHERS BEACH – CR RACHEL PEMBERTON 19

C1311-02 – APPLICATION FOR LEASE - UNIT 1, J SHED - SUNSET EVENTS PTY LTD – MAYOR BRAD PETTITT 20

C1311-02 – APPLICATION FOR LEASE - UNIT 1, J SHED - SUNSET EVENTS PTY LTD – CR RACHEL PEMBERTON 21


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SGS1311-13 ADDITIONAL DOCUMENTS - ORDINARY MEETING OF COUNCIL - OFFICE 2007

ADDITIONAL OFFICER REPORT DataWorks Reference: 165/036, 203/002 Disclosure of Interest: Nil Meeting Date: 27 November 2013 Previous Item: C1209-2 Responsible Officer: Peter Pikor, Director Technical Services Actioning Officer: Peter Pikor, Director Technical Services Decision Making Authority: Council Agenda Attachments: Attachment 1 - Safe Systems Approach concept

alignment (attachment under separate cover)

EXECUTIVE SUMMARY

At the Strategic and General Services Committee meeting held on 13 November 2013, the following Notice of Motion was resolved: Regarding the upgrade of the High St-Stirling Highway intersection and High St between Stirling Highway and Carrington St, the City of Fremantle will advise the Department of Transport that it will:

1. Support an outcome that seeks to retain a four lane road reserve and a curve radius of 160 metres at the intersection of High Street and Stirling Highway.

2. Provides for east-west and north-south pedestrian and cyclist connectivity in the form of overpasses or underpasses at two appropriate locations, as well as an upgraded Marmion Street crossing.

3. Examine all cost-effective options to preserve the mature Tuart trees to the south side of High Street

4. Requests Main Roads to form a small technical committee with the City of Fremantle to provide detailed advice back to Council on each of the issues raised by the community

Officer's comments The notice of motion is in response to an open letter which was presented at the Ordinary Council meeting held on 23 October 2013 and reads as follows: On behalf of the following groups:

White Gum Valley Precinct Group

Gibson Park Precinct Group

Booyeembara Friends Group

North Fremantle Precinct Group

Fremantle Environmental Resource Network

Fremantle Road to Rail

Holland Street residents


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The current main Roads proposal for the upgrade of High Street has been considered by the abovementioned community groups. After lengthy consideration, we are of the view that the upgrade option presented by Main Roads will not serve the best interests of the local or wider Fremantle communities. We ask that you act swiftly and decisively to ensure that our concerns are heard clearly by the Department of Main Roads and the State Government on this issue. During the last 10 years of consultation, surveying and questioning, Main Roads and the Department of Transport have consistently received the same community message - which is summarised in the 3 criteria listed below. We request that you enact a motion that notes that the community accepts the need for the intersection to be upgraded in such a way that it meets the following criteria:

Retention of the four lane road reserve

A curve radius of 160m at the intersection of High Street and Stirling Highway

Retention of east-west and north-south pedestrian and cyclist connectivity in the form of over- or under-passes at Holland, Forrest and Montreal Streets.

The community's preferred position is a modest rebuild, modifying the t-intersection, providing a two-lane service road for High Street and preserving the old Tuart trees to the south side of High Street. A multi signature petition was also tabled at this Council meeting from Road to Rail seeking the City, Main Roads and Colin Barnett (Premier of WA) to consider a sustainable alternative to the current plan to widen High Street at the corner of Stirling Highway

BACKGROUND

At the Ordinary Meeting of Council on 24 August 2011, Council considered a request from the Department of Transport to support the long term planning reservation for High Street in relation to the protection of land for the road development network and to facilitate the upgrading of the road in the short term based on the State Government’s preferred Option 4 which includes a 270 m radius curve with posted speed of 60 km/hr. In consideration of this request, Council resolved to support an alternative option being 4A which includes a smaller radius curve of 150 metres with a posted speed of 50 km/hr. Late in 2011, the Department of Transport transferred the High Street Fremantle Upgrade Project to Main Roads Western Australia (MRWA) for project delivery. Subsequently, MRWA engaged in dialogue with senior representatives of the City to understand the community concerns, resolve outstanding issues and explore potential opportunities with a view to developing a refined concept based on agreed project objectives.


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MRWA initiated a series of project workshops with representatives from the City including the Mayor and Councillor Waltham and the Director Technical Services to seek alignment of the project objectives. Workshops were held on 30 March, 27 May and 27 July 2012. The major issues and concerns that were raised and explored during the workshops, included:

Possibility of a reduced radius curve based on a 60km/h design speed to lower the vehicle speeds at the curve at the intersection;

Access arrangements for Royal Fremantle Golf Club;

No impact to the privately owned properties at Holland Street;

Reduce the land resumption from Fremantle Public Golf Course and Royal Fremantle Golf Club and to minimise land take from Booyeembara Park

In late July 2012, Senior Main Roads Project Officers and the City of Fremantle’s Director Technical Services met with a convened Safe Systems Working Group comprising of road engineering practitioners together with traffic safety representatives whom were independent to MRWA to critique three new proposed horizontal curve radii at the High Street / Stirling Highway intersection from a safe systems perspective. The outcome was an alternative Safe Systems Approach Option, which incorporates a signalised seagull median acceleration treatment at the High Street / Stirling Highway intersection. It is a refinement of the previous Options 4 and 4A and has a horizontal curve radius of 160 metres for Fremantle City Centre / Port bound traffic and a curve of 210 metres for eastbound traffic including a free flowing traffic lane. This treatment is shown on Attachment 1.The proposed posted speed is 60 km/hr. The Safe Systems Approach Option was compared against the previous Options 4 and 4A based on a six lane road reserve. The alignment footprint is slightly greater than Option 4A, with a similar land resumption of the golf courses, as to Option 4A. MRWA presented the Project outcomes to the City of Fremantle Elected Members at an informal Briefing on 29 August 2012. MRWA advised that issues relating to project commencement, pedestrian/cycling access, noise and air quality management and land resumption of the two golf courses will be considered and addressed during the next design phase. Accordingly MRWA Project Team sought Council’s support for this option for the long term planning reservation for High Street between Stirling Highway and Carrington Street with protection of land for a road reserve for six lanes for the long term and upgrading of the road to a 4-lane divided highway to commence in 2014 based on the Safe System Approach Option. MRWA indicated resolution of this issue and progression of a Metropolitan Regional Scheme (MRS) amendment will enable securing of funding under the Nation Building Program Two allocation for the project. At its meeting on 26 September 2012 Council gave in principle support to the Safe System Approach Option. This report and the full Council’s resolution is listed in the minutes of the Ordinary meeting of Council dated 26 September 2012.


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Following Council’s consideration the City became aware that the agreed Safe System Approach option was under internal design review in MRWA including a study by the Australian Research Board (ARRB). This was confirmed at a presentation to an Informal Elected Members briefing session on 5 August 2013. Subsequent to this the Project Officers of MRWA verbally advised that the horizontal curve components of the Safe System Approach were not supported by the Main Road’s Executive as it was not in accordance with adopted standards. There has been no formal notification in writing from Main Roads regarding this matter and the ARRB study to justify the change has not been forwarded to the City. The Main Roads also advised that the proposed program for the procurement process to engage contractors is to start in mid 2014 with the construction to start in mid 2015. The works are anticipated to take approximately 18 months. The Main Roads has advised of its intention to seek Council’s formal consideration of this project including the transfer of the land from the Golf Courses in December 2013. In view of this proposed program MRWA has recently commenced engagement with the local community of Fremantle and the project stakeholders. This includes a targeted engagement and communications program. The Main Roads Project Team are also having discussions with various stakeholders including the Public Golf Course, Royal Fremantle Golf Course, FERN and Boo Park to investigate potential accommodation works that will be brought on by the Project. The Main Roads has also been working with senior officers of the City on the potential accommodation works. Notice of Motion The Notice of Motion that has been resolved by the Strategic and General Services committee is compared and commented on in relation to Councils previous resolution from 26 September 2012 is shown in table 1.


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TABLE 1

NUMBER

RESOLUTION NOTICE OF MOTION COMMENTS ON NOTICE OF MOTION

1.2.4. That Council notes that Main Roads WA preferred option for the High Street upgrade from Stirling Highway to Carrington Street is a refinement of the previous Options 4 and 4A and now known as the Safe Systems Approach. That Council notes that Main Roads WA is seeking Council’s support of the Safe Systems Approach Option for the High Street Fremantle Upgrade Project That Council gives ‘in principle support’ to proceed with the Safe Systems Approach Option for the High Street Fremantle Upgrade Project, subject to the State Government:.

Support an outcome that seeks to retain a four lane road reserve (see point 4a below) and a curve radius of 160 metres at the intersection of High Street and Stirling Highway.

In relation to the curve radius Council has given in principle support to the Safe System Approach option which has a horizontal curve radius of 160 metres for Fremantle City Centre / Port bound traffic, a seagull island treatment at the intersection with an acceleration lane and a curve of 210 metres for eastbound traffic including a free flowing traffic lane. The proposed posted speed is 60 km/hr The concern with this part of the notice of motion is that it relates to a single curve radius and is not in context with the other design parameters which provide a higher standard of intersection treatment.

4a clarifying the road reservation width for the future and constructing a four lane road as part of the project works;

Support an outcome that seeks to retain a four lane road reserve

Council has supported the construction of a four lane divided road. The City is seeking justification including future traffic modelling projections together with percentage of freight traffic from MRWA to demonstrate there is a need for a road reserve greater than a 4 lane divided road. This information has not been provided at this time.


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4b providing a commitment to fund pedestrian/cycle overpasses/underpasses at Montreal and Holland Streets, if reasonably practical;

Provides for east-west and north-south pedestrian and cyclist connectivity in the form of overpasses or underpasses at two appropriate locations, as well as an upgraded Marmion Street crossing.

The Main Roads is in the process of preparing feasibility designs on pedestrian/cyclist facilities. The concept plans show that a north-south overpass is proposed near Montreal Street. With regard to east-west facilities the City is seeking design concepts on what is practical, cost effective and justification that these need to comply with disability access requirements. The Marmion Street at grade traffic signal controlled crossing is proposed to be upgraded. ( This matter is also discussed in the Accommodation Works section)

4i at the detailed road design process:

4i(ii) including features, such as service road with high standard landscaping treatments, pedestrian and cyclist infrastructure including road crossing points.

Examine all cost-effective options to preserve the mature Tuart trees to the south side of High Street.

Main Roads has been requested to consider the feasibility to retain the existing trees. The City is awaiting more defined plans of the road cross sections and earthworks to determine the impact on the trees and what alternative options are available.

6 That Council notes that Main Roads WA will provide project updates to Council at key project milestones

Requests Main Roads to form a small technical committee with the City of Fremantle to provide detailed advice back to Council on each of the issues raised by the community.

The Main Roads Project Officers have been liaising with senior officers of the City. A working group can be formally established to oversee this project to work with the MRWA Project team.


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Comment

Notice of Motion Item 1 This item seeks to limit the road reservation to 4 lanes. Council's adopted position is to seek the construction of only a 4 lane divided road within a minimal road reservation to accommodate the required works including noise walls and landscaping. Main Roads has indicated the reserve will be planned for 6 lanes. The City has sought justification from the Main Roads on the need for a 6 lane reservation as it is likely to be some considerable time in the future when further construction of traffic lanes may be required. There may be some concern that MRWA will construct the 6 lanes now although this has not been indicated as Main Road’s position. Council’s previous resolution seeks justification for a 6 lane reservation width. With regard to the curve radius it is considered that Council’s previous resolution on this matter provides for a higher standard intersection treatment.

Notice of Motion Item 2

Council’s previous resolution sought pedestrian/cycle connections at two locations "if reasonably practical". The community is seeking a firmer commitment. In regard to an east west connection Main Roads recent preliminary feasibility concepts are based on meeting disability access requirements and therefore require extensive ramps and associated land area. Main Roads has been request to review the need to comply with the disability access standards for each facility and also explore alternative treatments. This Notice of motion item can supported but with reference to being subject to the proposed facilities being able to comply with appropriate legislation.


This notice of motion relates to the existing trees on the south side of High Street and notwithstanding the proposed extent of the new road this issue has merit to be examined.


This can be supported in the form of a working group appointed through the Chief Executive Officer.

Whilst the Notice of Motion now needs consideration of Council the previous resolution gave the opportunity for Main Roads to provide additional information on consultation, design, infrastructure and funding commitments to enable Council’s further consideration of approval. From an administrative aspect as the project has been transferred to MRWA it is considered that the notice of motion preamble should refer to MRWA.


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Accommodation Works Main Roads has also been working with senior officers of the City on the potential accommodation works. Whilst the majority of these are outlined in the Council’s resolution of September 2012 due to the time that has elapsed it is considered appropriate to expand and clarify on these aspects and seek a well defined in principle commitment to the type, scope and broad content. The accommodation works are primarily related to:

Royal Fremantle Golf course

Public Golf Course

Booyeembara Park

FERN

Pedestrian and Cyclist connectivity

Entry Statement The two main items that Council needs to consider further are the Royal Fremantle Golf Course and Community Sustainability Centre - FERN. Royal Fremantle Golf Course The Council’s previous resolution was made at a time when it wasn't clearly defined what was being proposed at Royal Fremantle Golf Club (RFGC). The earlier discussion around a left in-left out access option onto High Street has now been replaced with no access from High Street, relocating the access instead to Carrington Street. This option has serious impacts on RFGC. Whilst it is understood the RFGC is supportive of such an access, it appears to be on the basis the MRWA will pay for all costs associated with this change. This may include a complete or partial rebuild of their clubhouse. RFGC advises that they have engaged a professional golf course architect to redesign the course based on the impacts of the road works and are negotiating with MRWA on this matter. The issue is that there are options to either have absolute opposition to the Carrington Street access or consider concepts that the appointed course architect may develop through a redesign that is better than the existing. The City may wish to firm its position around retention of the trees along that northern boundary of the golf course. Community Sustainability Centre The site, currently leased to FERN on a monthly basis, includes improvements that have been made possible through WA and Commonwealth government grants to enable various sustainability projects and related infrastructure. The Centre consists of a fenced site with services and extensive reticulation in addition to garden beds, landscaping, sheds, and a central building that provides administrative and storage capacity, an all-weather meeting space, and a kitchen/café. The lease to FERN expired in May 2009 as the State Lands refused to consent to a new lease as it was indicated that the A class reserve has been set aside for exclusive purpose of Recreation.( Item C1002-2 refers) Previous resolutions of Council have been silent on the future of FERN.


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The option is for FERN to be relocated to another site in the City such as the C class reserve on Booyeembara Park. This has been shown in the Master plan for the reserve. The future of FERN needs to be resolved by Council so it can be clear in any future negotiations with MRWA. On the basis that FERN will be relocated then accommodation works will require an alternative site which the City of Fremantle will be prepared to provide. A summary of the Council’s previous resolution in part that relates to accommodation works and the proposed expanded comments that is now proposed to be submitted to MRWA is shown in table 2.

TABLE 2

COUNCIL RESOLUTION ACCOMMODATION COMMENTS

providing a commitment to fund pedestrian/cycle overpasses/underpasses at Montreal and Holland Streets, if reasonably practical;

The City is aware that the upgraded road will substantially interdict the existing north-south connectivity along High St/Leach Hwy between Stirling Highway and Carrington Street, and will also affect the east-west connectivity along Stirling Highway between the new High St/Stirling Hwy intersection and Marmion Street. As MRWA would be aware through its provision of, and participation in, community consultation in relation to this project, the Fremantle community is very concerned about the loss of connectivity, and the current proposed overpass near the Stirling Hwy/High St intersection does not address the issue of east-west connectivity. The City understands the issues involved in seeking a solution to this issue and urges MRWA to consider all options in ensuring that residents east of Stirling Highway and north of Leach Highway are not ‘cut-off’ as a result of the road upgrade.( Notice of Motion Item 2 also refers )

providing a commitment to fund the resumption, capping and redevelopment of a minimal portion of Booyeembara Park to incorporate use by the public golf course if required to enable the reconfiguration of the golf course to a 9 hole, 34 par minimum golf course;

The City’s priority in relation to the Fremantle Municipal Golf Course is to ensure it is assisted to remain viable as a nine-hole minimum par 34 course that is open and available for public use. The City is prepared to make a contribution to that viability by adjusting the southern boundary of the FMGC, which in turn reduces the size


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and alters the nature of Booyeembara Park, but the re-design of the course will require funding support to enable site works and landscaping, and the relocation/reconstruction of the club house. The current proposed re-design of the course that would enable it to remain a nine-hole, par 34 course with driving range, and note that MRWA is also in the process of a constructive dialogue with the tenants of the FMGC. The re-design of the FMGC also necessitates the relocation of the existing clubhouse/kiosk/shop and it requires land from northern portion of Booyeembara Park to accommodate the shifting south of the driving range. The City believes that the creation of a new clubhouse/café/community space at the southern edge of the re-designed golf course is an appropriate accommodation work that will allow the FMGC to operate on an equivalent basis as it does currently. A proposed ‘bifocal’ clubhouse, which, as a result of the required shift, now has the potential to serve both FMGC golfers and Booyeembara park users at the same time.

providing a commitment to fund a new multipurpose community building and Public Golf Course clubhouse building at / or adjacent to Booyeembara Park

This recreation and nature space will be impacted by the boundary adjustment necessary to compensate for the space lost to the Fremantle Municipal Golf Course and for the space provided to the relocated Community Sustainability Centre as a direct consequence of the proposed road upgrade. Accommodation works will therefore require landscaping, fencing and reticulation works. The fact that the proposed road upgrade will seriously reduce connectivity and access to the Park for people north of High St/Leach Hwy should be considered a specific aspect of the general impact on connectivity. While this impact cannot be cured on a ‘like-for-like’ basis, the City feels that the creation of a ‘bifocal’ golf clubhouse/café/community space as a form of accommodation work will to some degree compensate for the serious impact on Booyeembara Park in terms of loss of space and community connectivity/access


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by providing a comparable though different form of amenity improvement and park activation. This building could represent one of the key community ‘legacy’ benefits of the proposed road upgrade.

providing further details on impacts on the Royal Fremantle Golf Club and clubhouse and prioritises a design that is primarily within the existing road reserve east of Wilkinson Street;

Whilst the City understand and support the constructive dialogue that is occurring between Main Roads WA and our tenant, the Royal Fremantle Golf Course, the City of Fremantle remains concerned that the construction of an access road running east-west from Carrington Street requires considerable additional land from the northern edge of the A-Class Reserve, including numerous mature trees, and also that the earlier design of a left-in/left-out point of access has been abandoned despite a safety assessment indicating that this was an acceptable access solution. In any case, if the access road from Carrington Street is to proceed, the City reserves the right to not proceed on adjusting the existing boundaries of the land leased from the City by the Royal Fremantle Golf Course. The City of Fremantle strongly supports the necessary changes and potential upgrade to Royal Fremantle Golf Course clubrooms resulting from relocating the Royal Fremantle Golf Course car park but the City of Fremantle doesn’t support a relocation of the clubhouse to another location within the reserve.

including features, such as service road with high standard landscaping treatments, pedestrian and cyclist infrastructure including road crossing points.

One consequence of the project that has the potential to be overlooked or under-regarded is the way in which the road upgrade will impact upon the entry to Fremantle, both in terms of altering what is currently an open, level, tree-lined approach, and in replacing it with an approach that will be sunken and to some degree ‘corridor-like’, without equivalent trees, especially on the southern side. This effect will potentially detract from this important entry point to Fremantle – and it might also present an unnecessarily brutal, unattractive road-scape to residents and community members.


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For those reasons the City shares MRWA’s view that road design and particularly the ancillary works that situate the road in its landscape should be of a very high standard in terms of design and materials to ensure that High St/Leach Hwy retains the character and aesthetic quality appropriate to a major entry point to Fremantle. The City welcomes discussion of ways in which the detailed project design and works can incorporate high-quality aesthetic and public art elements that reflect Fremantle’s character and distinctive cultural standing. The City of Fremantle would also like to ensure that access to Amherst Street is upgraded accordingly given the closure of Montreal Street to traffic accessing High Street.

Community Sustainability Centre This Centre is an important focus of local community activity and a key resource when it comes to pioneering and proving a range of sustainability initiatives. The site, currently leased to FERN, includes improvements that have been made possible through WA and Commonwealth government grants to enable various sustainability projects and related infrastructure. The Centre consists of a fenced site with services and extensive reticulation in addition to garden beds, landscaping, sheds, and a central building that provides administrative and storage capacity, an all-weather meeting space, and a kitchen/café. On that basis, accommodation works will require an alternative site such as the C class site on Boo Park, which the City of Fremantle is prepared to provide, and would be seeking agreement from MRWA in relation to funding/providing the following:

Site works, cross-overs, fencing and services.

Relocation of trees, plants, sheds, equipment and other landscape features to the greatest reasonable extent.

Construction of a building that can replicate the function and meet the purpose of the building on the existing site


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COMMENT

It is recommended that the City’s comments on the accommodation works be endorsed for submission to Main Roads WA.

RISK AND OTHER IMPLICATIONS

Financial

The Project will be jointly funded by the State and Commonwealth Governments. Some funding has been retained from the NBP for project development, land acquisition and accommodation works with the balance of Commonwealth funding rolled over into the NBP Two. Legal

A MRS amendment will be required to be initiated to secure the road reservation for the proposed upgrading of High Street. The Fremantle Public Golf Course, Royal Fremantle Golf Club and Booyeembara Park are located on a Class A Reserve. The managing authority of the land is the City of Fremantle. Land acquisition will require Parliamentary approval. Operational

Nil Organisational

Nil

CONCLUSION

It is considered at this time that Council should continue to support the Safe Systems Approach Option for the High Street Fremantle Upgrade Project. It is recognised that a number of design issues relating to the provision of connectivity for pedestrians and cyclists (including the crossing of the upgraded road) and the landscaping treatment together with accommodation works needs to be further considered with Main Roads WA.

STRATEGIC AND POLICY IMPLICATIONS

Nil

COMMUNITY ENGAGEMENT

MRWA is undertaking engagement with the stakeholders and the community.

VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required


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OFFICER'S RECOMMENDATION

That Council:

1. Reaffirms its previous resolution of 26 September 2012 in part 4 to give ‘in principle support’ to proceed with the Safe Systems Approach Option for the High Street Fremantle Upgrade Project, subject to the State Government: a. clarifying the road reservation width for the future and constructing

a four lane road as part of the project works;

2. Requires that Main Roads WA will: a. Provide for east-west and north-south pedestrian and cyclist

connectivity in the form of overpasses or underpasses at two appropriate locations, as well as an upgraded Marmion Street crossing subject to these being able to comply with appropriate legalisation.

b. Examine all cost-effective options to preserve the mature Tuart trees to the south side of High Street

3. Requests Main Roads to participate in a small technical working group with the City of Fremantle to provide detailed advice back to Council on each of the issues raised by the community.

4. Supports the relocation of FERN to another site in the City such as the C class Reserve in Booyeembara Park.

5. Endorses a submission to Main Roads WA on the proposed accommodation works associated with the High Street upgrade including for the following;

Royal Fremantle Golf course

Public Golf Course

Booyeembara Park

FERN

Pedestrian and Cyclist connectivity

Entry Statement as commented on in Table 2 of this report.


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SGS1311-12 – KIDOGO ART HOUSE - PROPOSED PLAN FOR SMALL BAR AT SHIPSWRIGHT BUILDING - 49 MEWS ROAD BATHERS BEACH – CR ANDREW SULLIVAN

Cr Andrew Sullivan proposes the following alternative recommendation: ALTERNATIVE RECOMMENDATION

That Council re-confirms its support in principle for a modest 'Small Bar' to be established as an integral part of the new lease arrangements subject to the following limitations and processes:

1. The primary uses of the building shall remain for arts exhibitions, studio space, teaching workshops and other arts based activities consistent with the objectives for the Arthur Head Arts Hub;

2. Any bar, cafe and/or functions facilities shall support but remain subservient to the primary uses and shall not significantly or adversely interfere with the sustainable delivery of the arts activities;

3. The Lessee shall obtain a 'Small Bar' License with a maximum capacity of 120 patrons;

4. The licensed area shall be spread over a series of smaller, intimate, interconnected spaces, located both internally and externally, such that the facility is primarily catering for casual entertainment that takes advantage of the arts activities and coastal setting;

5. The bar operations should respond to the seasonal limitations of the exposed coastal setting and the heritage and urban design constraints associated with the building and the foreshore reserve;

6. The bar opening hours should respond to the seasons and local microclimate as well as respond to any ephemeral arts activities or public events programmed for the area;

7. The conservation of the building, including its curtilage shall be of the highest standard;

8. The Joan Campbell memorial shall be given due consideration and protection, while not precluding its relocation to facilitate the reinstatement of the original opening;

9. The objectives of the Old Port Precinct Conservation/Upgrade Plan 2004 and the Old Port of Arthur Head Reserve Upgrade - Urban Design Report 2010, shall be given due consideration in any proposal;

10. The CEO be authorised to sign a development application for the addition of modest toilet and bar facilities to be located to the south of the existing buildings as a separate but lightly linked pavilion of high architectural quality, acknowledging always that Council reserves the absolute right to determine whether any such additions can proceed to construction;


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11. The additions may include modest areas of decking or otherwise demarcated alfresco licensed areas to the south and/or north of the existing building provided that such areas will not be permitted to be covered permanently or using fixed sunshades/sails; or include screening higher than 1.0 metre above the surrounding levels; and shall not interfere with public access to the foreshore generally;

12. A commercial lease shall be negotiated commensurate with the new lease area, the new usage and the capital investment required by the Lessee and Lessor and the lease shall reflect the requirements not above.


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SGS1311-12 – KIDOGO ART HOUSE - PROPOSED PLAN FOR SMALL BAR AT SHIPSWRIGHT BUILDING - 49 MEWS ROAD BATHERS BEACH – CR RACHEL PEMBERTON

Cr Rachel Pemberton proposes the following alternative recommendation: ALTERNATIVE RECOMMENDATION

That council 1. Supports a small bar at Kidogo (the Kerosene Store/Shipwrights building)

that: a) has a maximum capacity of 100 people / 4 toilets inside the lean-to, b) extend the lease area on the northern and eastern sides of the

building as far as the boardwalk, c) a commercial lease shall be negotiated commensurate with the new

lease area, the change of use and capital investment from either party

2. Requires that the primary use of the building / business activity be 'arts

purposes consistent with the cultural development strategy'.

REASON/S FOR CHANGE TO COMMITTEE RECOMMENDATION I would like to give Joanna and the public a clear indication of what we will support at Kidogo and to respond to the matters raised in the report about the ambiguity.


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C1311-02 – APPLICATION FOR LEASE - UNIT 1, J SHED - SUNSET EVENTS PTY LTD – MAYOR BRAD PETTITT

Mayor, Brad Pettitt proposes the following amendments to the officer’s recommendation: AMENDMENT TO OFFICER’S RECOMMENDATION

1. The lease is to include a specific clause which requires space for artists in the Arthur Head precinct to be able to exhibit their work on a priority basis. At other times gallery space would be for rent.

2. (a) align the grassed area of the lease to extend from the building boundary line of unit 1 and unit 2 and to terminate prior to the south western point,

(b) allow the tenant to expand into the remaining grassed areas (outside of part 2a above) during their ticketed events,

3. Develop a plan for the interpretation of european and indigenous significance.

4. The number of ticketed events is to be a maximum of 12 for the first two years of operation, with consideration to allowing up to 15 events per year after this period and subject to the satisfaction of council.


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C1311-02 – APPLICATION FOR LEASE - UNIT 1, J SHED - SUNSET EVENTS PTY LTD – CR RACHEL PEMBERTON

Cr Rachel Pemberton proposes an amendment to the officer’s recommendation to include the following wording: AMENDMENT TO OFFICER’S RECOMMENDATION 1. The lease area be reduced to be in line with the boundary of the second unit

to allow a buffer zone between uses. 2. Consultation with local Noongars regarding indigenous heritage

interpretation and impact on site is required