confirmed minutes ordinary council meeting 10 february 2015 · 10.02.2015 council meeting minutes...

File Code: OR.MTG 5/1

CONFIRMED MINUTES

ORDINARY COUNCIL MEETING

10 FEBRUARY 2015

10.02.2015 COUNCIL MEETING MINUTES CONFIRMED 24.02.2015

C1 FEBRUARY 2015

CONFIRMED MINUTES

ORDINARY COUNCIL MEETING 10 FEBRUARY 2015

ATTENTION/DISCLAIMER

The purpose of this Council Meeting is to discuss and, where possible, make resolutions about items appearing on the agenda. Whilst Council has the power to resolve such items and may in fact appear to have done so at the meeting, no person should rely on or act on the basis of such decision or on any advice or information provided by an Elected Member or employee, or on the content of any discussion occurring during the course of the Meeting. Persons should be aware that regulation 10 of the Local Government (Administration) Regulations 1996 establishes procedures to revoke or change a Council decision. No person should rely on the decisions made by Council until formal written advice of the Council decision is received by that person. The Shire of Mundaring expressly disclaims liability for any loss or damage suffered by any person as a result of relying on or acting on the basis of any resolution of Council, or any advice or information provided by an Elected Member or employee, or the content of any discussion occurring during the course of the Council Meeting.

LEGEND

To assist the reader, the following explains the method of referencing used in this document:

Item Example Description Page Numbers C1 FEBRUARY 2015

(C2, C3, C4 etc) Sequential page numbering of Council Agenda or Minutes for February 2015

Report Numbers 10.1 (10.2, 10.3 etc)

11.1 (11.2, 11.3 etc)

Sequential numbering of reports under the heading “10.0 Reports of Committees” or “11.0 Reports of Employees”

Council Decision Reference

C7.02.15 Council Decision number 7 from Council meeting February 2015

CONTENTS


C2 FEBRUARY 2015

1.0 OPENING PROCEDURES 4

1.1 ANNOUNCEMENT OF VISITORS ........................................................................ 4

1.2 RECORD OF ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE ................. 4

2.0 ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT DISCUSSION 5

3.0 RECOGNITION AND AWARDS 5

4.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 5

5.0 PUBLIC QUESTION TIME 5

6.0 APPLICATIONS FOR LEAVE OF ABSENCE 8

C1.02.15 ........................ 8 C2.02.15 ........................ 9

7.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS 9

C3.02.15 ........................ 9 7.1 PERMISSION TO SPEAK FOR MEMBERS OF PUBLIC PRESENT ................................ 9

C4.02.15 ........................ 9

8.0 PRESENTATIONS 9

9.0 DISCLOSURES OF INTERESTS 10

9.1 DISCLOSURE OF FINANCIAL INTEREST AND PROXIMITY INTERESTS ....................... 10

9.2 DISCLOSURE OF INTEREST AFFECTING IMPARTIALITY ......................................... 10

10.0 REPORTS OF COMMITTEES 10

C5.02.15 ...................... 10 AGC1.01.15 DELEGATIONS REGISTER – ANNUAL REVIEW ........................................... 11

C5.02.15 ...................... 11 AGC1.01.15 ................. 11

AGC2.01.15 COMPLIANCE AUDIT RETURN 2014 – DEPARTMENT OF LOCAL GOVERNMENT ............................................................................................ 11

C5.02.15 ...................... 11 AGC2.01.15 ................. 11

AGC3.01.15 APPOINTMENT OF AUDITOR FOR 2014/15 FINANCIAL YEAR ....................... 12 C5.02.15 ...................... 12 AGC3.01.15 ................. 12

AGC4.01.15 REVIEW OF COUNCIL POLICY HR-02 - BENEFITS TO DEPARTING EMPLOYEES ............................................................................................... 12

C5.02.15 ...................... 12 AGC4.01.15 ................. 12

11.0 REPORTS OF EMPLOYEES 13

11.1 NO. 23 (LOT 52) COONGAN AVENUE, GREENMOUNT - PROPOSED GROUPED DWELLINGS ................................................................................................ 13


C3 FEBRUARY 2015

C6.02.15 ...................... 18

12.0 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 44

13.0 NEW BUSINESS OF AN URGENT NATURE APPROVED BY PRESIDING PERSON OR BY DECISION OF MEETING 44

13.1 ELECTED MEMBERS ..................................................................................... 44

13.2 EMPLOYEES ............................................................................................... 45

13.2.1 New Item of Urgent Business - Local Government Reform ....... 45 C7.02.15 ...................... 49

14.0 MATTERS BEHIND CLOSED DOORS 50

15.0 CLOSING PROCEDURES 50

15.1 DATE, TIME AND PLACE OF THE NEXT MEETING ................................................ 50

15.2 CLOSURE OF THE MEETING ........................................................................... 50


C4 FEBRUARY 2015

ORDINARY COUNCIL MEETING COUNCIL CHAMBER

1.0 OPENING PROCEDURES The Presiding Person declared the meeting open at 6.30pm. To be read out aloud by the Presiding Person Members of Council and members of the gallery are advised that this meeting

will be audio-recorded. 1.1 Announcement of Visitors 1.2 Record of Attendance/Apologies/Approved Leave of Absence

Elected Cr H Dullard (President) (Presiding Person) West Ward Members Cr P Clark West Ward Cr T Cuccaro West Ward Cr B Perks Central Ward Cr A Pilgrim Central Ward Cr L Gu Central Ward Cr P Bertola East Ward Cr S Fox East Ward Cr J Daw East Ward Cr D Jones (Deputy President) South Ward Cr T Cook South Ward Cr D Lavell South Ward Staff Mr J Throssell Chief Executive Officer Ms M Griffiths Director Strategic & Community Services Mr M Luzi Director Statutory Services Mr P O'Connor Director Corporate Services Mr S Purdy Director Infrastructure Services Mr A Money Manager Planning Services Mrs R Noakes Communications Co-ordinator Mr D Martin Strategic Projects Advisor Ms M Tai Minute Secretary Apologies Nil Absent Nil Leave of Nil Absence Guests Nil Members of the Public

21

Members of the Press

Nil


C5 FEBRUARY 2015

2.0 ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT DISCUSSION

Nil

3.0 RECOGNITION AND AWARDS Nil 4.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON

NOTICE

At the Ordinary Council meeting held 27 January 2015 Mr Peter Gavranich of Darlington asked a question which was taken on notice. A written response to the question has been provided in a letter from the Chief Executive Officer. Below is a summary of the question and response. Question 1 What was the cost to the ratepayers for the upgrading of the grounds of No 2 Dryandra Crescent, Darlington for the laying of kerbing, bituminising and two entries? Response The driveway works (asphalt and kerb) undertaken at this property have been undertaken by the property owner at their own expense. The Shire has not contributed towards this work.

5.0 PUBLIC QUESTION TIME Procedures for asking and responding to questions are determined by the Shire President. Questions must relate to a matter affecting the local government. Note: This is not a verbatim record of questions asked and answers given. It is a summary only.

Name & Question Response

Peter Gavranich – 54 Pittersen Road, Darlington

1. The removal of the dumped rubble on crown land is still incomplete, in photographs submitted at the Ordinary meeting of 9 December 2014. The remaining rubble has grown a thick crop of metre high weeds which have dried out to a mass of tinder. In view of what is highly likely to happen by a discarded cigarette butt, what is the Shire, its Councillors and FESA going to do in this matter?

The Director Infrastructure Services advised this question is a slight variation on similar questions for this verge. The owner of the property adjacent the verge is responsible for maintaining the verge in that area and, as such, the Shire will not be taking any action.


C6 FEBRUARY 2015

2. If your response to question 1 is not positive then can I ask you for the names of agencies with clout in the Local Government with which I can correspond with?

The Presiding Person advised Mr Gavranich he should speak to Shire officers who will provide him with names and agencies he can contact.

Poul Dahl, Darlington Ratepayers and Residents Association

1. In view of the ongoing changes through the amalgamation process, combined with all relevant information, will the Shire advertise the new Ward option possibilities as outlined in the recent Local Government Reform Update and encourage residents and ratepayers to respond, for example full or half page ads in the Hills Gazette and the Echo? The reason being is that through the process one of the complaints has been that people may not have been informed well enough and I think full or half page ads would be better than smaller.

The Presiding Person responded the late report to this meeting reflects a situation where we may not need to take the proposed action if the Government is going to do what it looks like it’s been saying today and stop reform.

2. Noting the three recent Dadour polls it seems unreasonable that local government areas where a boundary change was enforced are prevented from voting on the matter. Will the Shire now request a vote on the proposed forced boundary changes of City of Swan with the Shire of Mundaring?

The Presiding Person noted the previous response applies.

Sharon Davies of Mount Helena

1. How much has the Shire spent so far in this Local Government Reform/boundary change process?

The Chief Executive Officer responded that the answer depends on when you start the process from. It was February 2009 when the former minister announced reform and that was when the Shire commenced developing a whole series of papers. The Shire would need to go back and ascertain the direct costs involved. I can say that for this financial year there’s been approximately $100,000 in direct costs from Council and we also spent $200,000 of State Government Grant.


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2. But that’s not in officer hours and time?

The Chief Executive Officer advised it does include staff time.

3. Has the Shire been notified by the Barnett Government regarding Mr Barnett’s statements to the media today, that he was dropping the process and I was wondering if there’s been an explanation of how this will impact on the Shire of Mundaring?

The Presiding Person advised there’s been nothing official.

4. Is the Council aware that Mr Barnett stated on 720 Radio this morning that he would drop plans for amalgamation except for those Councils who have not protested against the process?

The Presiding Person responded she was aware of it but not sure if all Councillors listened to 720 Radio this morning.

5. Is the Council aware that Mr Barnett in his radio interview this morning did not address those Councils affected by boundary change, he only talked about amalgamation?

The Presiding Person responded it’s the same answer as the previous question.

6. Given the lack of information, for example, cost benefit analysis, vision, outcome and historicity and the lack of democratic process, will the Council be addressing this issue at tonight’s meeting?

The Presiding Person responded yes.

7. If so, what recommendations have been made because I haven’t seen anything in the agenda?

The Presiding Person responded Ms Davies will see when we come to the new item of urgent business.

8. I remind Council that, since no vote was allowed for our electors, the Electors’ Meeting in December asked that the process be abandoned. Will Council be addressing this formal objection and back its Electors in their call for ‘the current process of local government reform to be stopped and scrapped pending replacement with a genuine fresh and democratic process of local government reform’?

The Presiding Person responded that a letter was written to the Minister as was asked of us through the Annual Electors Meeting. We will be using that as well as the fact that a number of the ratepayer associations actually stood on the steps of Parliament House in objection to the process so that will all be part of our evidence as to what our community has told us they want.


C8 FEBRUARY 2015

9. Is the Shire aware that if objections regarding Local Government Reform are not put to the Barnett Government immediately that we may be one of the few Councils to be absorbed with no democratic process? While I’m aware we always put in an objection when you have co-operated, I feel that it’s absolutely urgent that we make it very clear because we don’t know what they’re going to say tomorrow.

The Presiding Person responded she hopes Ms Davies will enjoy our new item of urgent business.

Greg Jones, Chairman Stoneville and Parkerville Progress Association

1. I have one question and am aware of the latest developments that might influence this. Will the Shire of Mundaring write to the WA Premier, the Minister for Local Government and the Member of Swan Hills to request that the current process of Local Government Reform be scrapped given that the process is politically unjust and socially unfair to the Shire of Mundaring, particularly since other smaller metropolitan councils are now no longer required to merge. The electors of the Shire of Mundaring have recently requested that the process be stopped and I refer to the last Shire of Mundaring Electors Meeting and that WALGA have now requested that the process of Local Government Reform be stopped and we note it is our understanding that Governor’s Orders can still be rescinded?

The Presiding Person responded yes, we will be writing to all of those persons, if Council adopts a position to withdraw from the reform process.

6.0 APPLICATIONS FOR LEAVE OF ABSENCE

COUNCIL DECISION C1.02.15 MOTION Moved by: Cr Cook Seconded by: Cr Lavell

That Cr Cook be granted leave of absence from all meetings of Council for the period 24 February to 10 March 2015 inclusive. CARRIED 12/0


C9 FEBRUARY 2015

COUNCIL DECISION C2.02.15 MOTION Moved by: Cr Pilgrim Seconded by: Cr Jones That Cr Pilgrim be granted leave of absence from all meetings of Council for the period 23 to 28 February 2015 inclusive. CARRIED 12/0

7.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

COUNCIL DECISION C3.02.15 RECOMMENDATION Moved by: Cr Fox Seconded by: Cr Perks

That the minutes of the Ordinary Council Meeting held 27 January 2015 be confirmed. CARRIED 12/0

7.1 Permission to Speak for Members of Public Present COUNCIL DECISION C4.02.15 RECOMMENDATION Moved by: Cr Daw Seconded by: Cr Lavell That: 1. members of the public in attendance in person be permitted to speak in

relation to a matter on the agenda of this meeting at the time the matter is discussed during the meeting where such person has a demonstrated interest in the matter;

2. such permission be subject to the ruling of the Presiding Person with

regards to the duration of any comment made, the number of speakers wishing to speak on a particular matter and demonstrated interest.

CARRIED 12/0

8.0 PRESENTATIONS Nil


C10 FEBRUARY 2015

9.0 DISCLOSURES OF INTERESTS 9.1 Disclosure of Financial Interest and Proximity Interests

Members must disclose the nature of their interest in matters to be discussed at the meeting (Part 5 Division 6 of the Local Government Act 1995). Employees must disclose the nature of their interest in reports or advice when giving the report or advice to the meeting (Sections 5.70 and 5.71 of the Local Government Act 1995).

Nil 9.2 Disclosure of Interest Affecting Impartiality

Members and staff must disclose their interest in matters to be discussed at the meeting in respect of which the member or employee has given or will give advice (Shire of Mundaring Code of Conduct, Local Government (Admin) Reg. 34C).

Nil 10.0 REPORTS OF COMMITTEES 10.1 Reports of Audit & Governance Committee

Please note: The full reports of the Audit and Governance Committee to be considered by Council are contained within the minutes of the Audit and Governance Committee meeting held on 27 January 2015 (see AGC Minutes). The ‘Attachments’ referred to in the following Committee recommendations refer to the minutes of the Committee meeting and not the Council meeting.

COUNCIL DECISION C5.02.15 Moved by: Cr Jones Seconded by: Cr Perks That the Committee Recommendations contained within items numbered AGC1.01.15, AGC2.01.15, AGC3.01.15 and AGC4.01.15 be adopted en bloc, noting items AGC1.01.15 and AGC3.01.15 require an absolute majority. CARRIED BY AN ABSOLUTE MAJORITY 12/0


C11 FEBRUARY 2015

AGC1.01.15 Delegations Register – Annual Review

VOTING REQUIREMENT Absolute Majority COUNCIL DECISION C5.02.15 COMMITTEE RECOMMENDATION AGC1.01.15 That Council – 1. Endorses the annual review of the delegations register; and 2. Repeals delegation CE-134 “Administration of Policy OR-01- Attendance by

Elected Members at Conferences”. CARRIED BY EN BLOC COUNCIL DECISION C5.02.15 AGC2.01.15 Compliance Audit Return 2014 – Department of Local Government

VOTING REQUIREMENT Simple Majority

COUNCIL DECISION C5.02.15 COMMITTEE RECOMMENDATION AGC2.01.15

That Council:- 1. adopts the completed 2014 Compliance Audit Return for the period 1 January

2014 to 31 December 2014 as presented in ATTACHMENT 2; and

2. the completed Compliance Audit Return for the Shire of Mundaring is submitted to the Department of Local Government after the Joint Certificate is signed by the Shire President and Chief Executive Officer.

CARRIED BY EN BLOC COUNCIL DECISION C5.02.15


C12 FEBRUARY 2015

AGC3.01.15 Appointment of Auditor for 2014/15 Financial Year VOTING REQUIREMENT Absolute Majority COUNCIL DECISION C5.02.15 COMMITTEE RECOMMENDATION AGC3.01.15 That Council: 1. Accepts the quotation from Macri Partners for the provision of audit services

for the 2014/15 financial year at a total cost of $18,000 (exclusive of GST); and

2. Appoints Mr Anthony Macri as the Shire’s auditor for the 2014/15 financial

year. CARRIED BY EN BLOC COUNCIL DECISION C5.02.15

AGC4.01.15 Review of Council Policy HR-02 - Benefits to Departing Employees VOTING REQUIREMENT Simple Majority COUNCIL DECISION C5.02.15 COMMITTEE RECOMMENDATION AGC4.01.15 That Council adopts the amended Policy HR-02 on Benefits to Departing Employees (ATTACHMENT 4). CARRIED BY EN BLOC COUNCIL DECISION C5.02.15


C13 FEBRUARY 2015

11.0 REPORTS OF EMPLOYEES 11.1 No. 23 (Lot 52) Coongan Avenue, Greenmount - Proposed Grouped

Dwellings

File Code Co 9.23 Location / Address See ATTACHMENT 1 Landowner Mr L W & Mrs D J Deboer & Fallspoint Nominees

Pty Ltd Applicant Peter Webb & Associates Zoning LPS4 – Residential ‘R40’

MRS – Urban Area 2230sqm Use Class ‘D’ – Grouped Dwellings Ward West Author Briony Moran, Co-ordinator Statutory Planning Senior Employee Mark Luzi, Director Statutory Services Disclosure of Any Interest

Nil

SUMMARY A planning application has been submitted proposing grouped dwellings on the subject lot. The proposal includes nine grouped dwellings with a common property accessway and three visitor parking bays located at the front of the site. The proposal was referred to surrounding landowners for comment and no objections were received. The land is located within a Special Control Area of Local Planning Scheme No. 4 (LPS4). This Special Control Area is described as Special Design Area 1, requiring a Structure Plan to be endorsed prior to subdivision or development of grouped dwellings, primarily to address road access. No Structure Plan has yet been submitted to guide subdivision and development and provide for road alignments or other infrastructure contributions. However this lot is particularly limited in its ability to contribute towards road connections due to the existing five grouped dwellings to the rear. It is therefore recommended that Council grants conditional approval to the proposal. BACKGROUND The site is located south of the Great Eastern Highway and west of Scott Street, in a street block that is currently characterised by single dwellings on sloping 2000sqm lots. The dwelling on this lot has recently been demolished.


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This area was zoned Residential ‘R20’ in the previous Town Planning Scheme No. 3 (TPS3) and included within Local Subdivision and Infrastructure Plan (LSIP) 326. This area was rezoned to ‘R40’ upon the gazettal of LPS4 in February 2014 and at the same time the LSIP was discontinued and the Special Design Area provisions introduced. The specific provisions for the Special Design Area are detailed elsewhere in this report. STATUTORY / LEGAL IMPLICATIONS The proposal constitutes development under the Planning and Development Act 2005 and requires planning approval under the Shire’s Local Planning Scheme No. 4 (LPS4). The proposal has been assessed against relevant clauses and requirements of LPS4 as noted in this report. POLICY IMPLICATIONS The proposal was advertised to surrounding residents in accordance with the Shire’s Public Comment on Planning Proposals Policy.

FINANCIAL IMPLICATIONS Should Council resolve to refuse or conditionally approve the proposal, the applicant has a right of review through the State Administrative Tribunal (SAT) which will incur legal costs. STRATEGIC IMPLICATIONS A key point of the Shire’s Strategic Community Plan 2013-2023 is to ensure “balanced development” occurs in a manner which protects the environment and maintains the hills/village lifestyle.

SUSTAINABILITY IMPLICATIONS The site is located close to bus routes and the Railway Heritage Trail and will provide future residents with cycling and public transport options. RISK IMPLICATIONS As noted above, should Council resolve to refuse or conditionally approve the proposal, the applicant has a right of review through the State Administrative Tribunal (SAT) which will incur legal costs. EXTERNAL CONSULTATION The proposal was advertised to surrounding landowners and no objections were received.


C15 FEBRUARY 2015

COMMENT The proposal has been assessed against relevant objectives and development provisions of LPS4. Matters to be considered are noted in the table below.

Local Planning Scheme No. 4 Scheme Requirement / Clause Assessment / Comment

1.6 The aims of the Scheme:

d) control and guide land use and development

LPS4 has specific provisions for a structure plan for this area to guide land use and development.

4.2.1 Objectives of the Residential zone:

a) to provide for a variety of housing types and densities to meet the needs of the community, through the application of the Residential Design Codes (R Codes).

d) to provide for residential subdivision and development incorporating water-sensitive urban design principles.

The site has been zoned R40 to provide for the type of development and housing that is proposed. The proposal complies with all relevant requirements of the R Codes.

Detailed stormwater drainage plans would be required prior to issue of a building permit.

5.3.2 Grouped and Multiple Dwellings on lots with a density code higher than R20:

a) Grouped dwellings or multiple dwellings shall not be permitted on any lot with an area of less than 1500sqm

A key objective of this provision is to promote shared access to rear grouped dwellings rather than battle-axes. This lot is over 1500sqm and the access is consistent with the intent of the provision.

5.7.6 Stormwater Drainage:

5.7.6.1 Subdivision and development shall employ water sensitive urban design approaches to stormwater drainage. Any subdivision or development which increases the area of impermeable surface or which otherwise reduces stormwater recharge of groundwater systems, is to utilise best management practices to effect the retention of stormwater within the development area so as to

a) minimise as far as practicable changes to both the rate and quantity of direct stormwater discharge from the site; and

Stormwater drainage is a matter which might be addressed in a future Structure Plan. At present there is minimal drainage infrastructure along Coongan Avenue and stormwater from the new houses and paved areas will be required to be retained on site.

A condition is recommended requiring detailed stormwater drainage plans be submitted prior to the issue of a building permit.


C16 FEBRUARY 2015

b) prevent the export of water borne pollutants (including sediment load and nutrients).

5.7.11 Preservation of amenity:

5.7.11.1 A development requiring planning approval under this Scheme shall not be approved if, in the opinion of the Shire, the proposed materials, design, colours, textures or reflectivity of such development would unreasonably adversely impact on the visual amenity of the locality.

The design of the dwellings is consistent with expectations for this zone.

Levels have been proposed using cut and fill and stepping down to respond to the natural slope of the site. Retaining walls are proposed around lot boundaries, including the front boundary facing towards the Railway Heritage Trail. Extensive use of concrete or limestone on this site would not respond appropriately to the setting and would set an undesirable precedent for the surrounding future subdivision and development. Use of laterite blocks or other earth toned materials would be preferable for retaining on boundaries and where visible from the street.

A condition is recommended requiring a detailed schedule of colours and materials, including retaining walls and fencing, prior to the issue of a building permit.

6.7 Special Design Area No. 1:

6.7.1 Special Design Area No. 1 is bounded by Coongan Avenue, Great Eastern Highway and Scott Street, Greenmount and is delineated on the Service Commercial Scheme Map. The purpose of this Special Control Area is to apply particular controls to an area identified for medium density housing but constrained by existing lot layout and vehicular access issues.

6.7.2 Local Subdivision and Infrastructure Plan No. 326, adopted pursuant to Town Planning Scheme No. 3, has been revoked by clause 5.7.3.3 of this Scheme. A new Structure Plan is required for this Special Control Area as a prerequisite

No draft or proposed new Structure Plan has been submitted to the Shire. This clause requires a Structure Plan as a prerequisite for subdivision.

An application for subdivision may be made and determined separately the Western Australian Planning Commission (WAPC) and Shire planning approval for the grouped dwellings does not guarantee subdivision approval from the WAPC.


C17 FEBRUARY 2015

to subdivision. This Structure Plan is to:

a) avoid or minimise additional direct vehicular access onto Great Eastern Highway or Scott Street; and

b) maximise the opportunities for landowners to subdivide independent of other landowners, and minimise the number of landowners who must subdivide as a prerequisite to other landowners subdividing.

6.7.3 No grouped dwelling or multiple dwelling shall be permitted within the Special Control Area in the absence of an endorsed Structure Plan.

This development does not result in additional direct vehicular access to either of these roads. It is highly unlikely that this lot could be required to contribute land towards a road reserve, due to the location, orientation and existing units at the rear.

Given the location and circumstances of this lot and the intent of 6.7.1(b), it is reasonable to assume that any future Structure Plan would not require this lot to be developed in conjunction with any other lot.

The proposal does not comply with clause 6.7.3 as there is no current Structure Plan. However the location of the lot and the existing development to the north and west of the site make it highly unlikely that any portion of this lot would be required to resolve the vehicular access issues. Approval of the proposed grouped dwellings is therefore considered appropriate and would not compromise the objectives for the Special Design Area and future Structure Plan.

10.2 Matters to be considered by the Shire include:

a) the aims and provisions of the Scheme and any other relevant town planning schemes;

b) the requirements of orderly and proper planning including any relevant proposed new town planning scheme or amendment, or region scheme or amendment, which has been granted consent for public submissions to be sought;

i) the compatibility of a use or development within its setting;

n) preservation of the amenity of the locality

Relevant aims and provisions of the Scheme are considered within this table.

Conditions are recommended to ensure the compatibility of the development within its setting and the preservation of the amenity of the locality.


C18 FEBRUARY 2015

The proposal generally complies with the requirements of LPS4 and the WA Residential Design Codes, with the exception being the absence of a Structure Plan for Special Design Area No. 1. As noted above, the location and orientation of the lot and existing adjacent development severely limit the opportunity for this site to contribute to a coordinated vehicular access solution. It is considered very unlikely that any future Structure Plan would require development of this lot to occur in conjunction with another lot, or for any portion of this lot to be ceded for a road reserve.

The circumstances of this lot within the Special Design Area are unique and approval of the proposed grouped dwellings would not preclude the orderly and proper planning of the remaining lots in the Special Design Area. It is recommended that Council grant conditional planning approval for the proposed grouped dwellings. VOTING REQUIREMENT Simple majority COUNCIL DECISION C6.02.15 RECOMMENDATION Moved by: Cr Lavell Seconded by: Cr Fox That Council grants planning approval for the proposed grouped dwellings at 23 (Lot 52) Coongan Avenue, Greenmount, with the following conditions: 1. Development shall be carried out in accordance with the terms of the

application as approved herein and all approved plans (including any amendments market in red).

2. A detailed schedule of colours and materials, including bin store, retaining

walls and fencing, shall be submitted to the satisfaction of the Shire prior to the issue of a building permit. The development shall thereafter be completed in accordance with the approved schedule of colours and materials.

3. All stormwater runoff shall be collected and/or contained on site and shall

not discharge onto other land or reserves. Detailed stormwater drainage plans must be submitted to the satisfaction of the Local Authority prior to the issue of a building permit.

4. Engineering drawings and specifications are to be submitted and approved

and works undertaken in accordance with the approved plans and specifications to construct and drain the accessway, car parking areas and crossover to the satisfaction of the Local Authority.

5. Prior to obtaining a building permit or commencing site works, engineering

drawings and specifications for grading, draining and stabilising the site shall be submitted for approval of the Local Authority.


C19 FEBRUARY 2015

6. A common property landscape plan shall be submitted for the approval of

the Local Authority prior to issue of a building permit, and landscaping thereafter established and maintained in accordance with the approved landscaping plan, to the satisfaction of the Local Authority.

7. Before starting site works the landowner/applicant shall confirm the location

and depth of any services that may interfere with crossover or building construction and arrange any necessary adjustment to these services with the appropriate utility provider at their expense.

8. Prior to obtaining a building permit or commencement of use a footpath

contribution of $1500 must be paid to the Local Authority towards the cost of providing and upgrading footpaths in the locality.

9. All cut and fill must be retained within the property boundaries by structural

engineer designed retaining walls of masonry or similar approved material and to provide adequate support to any structure reliant on its integrity.

10. No street tree on the verge is to be removed, relocated or replaced except

with the prior written consent of the Local Authority. 11. Prior to occupation the development shall be connected to a reticulated

sewerage system to the satisfaction of the Local Authority. 12. The rubbish bin storage area shall be provided and screened from view

from dwellings and the street to the satisfaction of the Local Authority. 13. Level bin pads shall be provided to the specification and satisfaction of the

Local Authority. 14. The landowner/applicant shall remove redundant crossovers and make

good any damage to the road, kerb, or drainage infrastructure that occurs during construction, to the satisfaction of the Local Authority.

15. Visitor parking bays are to clearly marked and maintained at all times for

use exclusively by visitors to the property. 16. Coordinated fencing shall be constructed on lot boundaries prior to

occupancy, in accordance with the approved schedule of colours and materials.


C20 FEBRUARY 2015

17. Fencing within the street setback from Coongan Avenue shall be visually

permeable above 1200mm from natural ground level and have a maximum height of 1.8 metres to the satisfaction of the Local Authority.

CARRIED 10/2

For Against Cr Cuccaro Cr Daw Cr Lavell Cr Clark Cr Jones Cr Perks Cr Gu Cr Fox Cr Pilgrim Cr Bertola Cr Cook Cr Dullard


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Attachment 1

Report 11.1

22 Pages


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23 (Lot 52) Coongan Avenue

Greenmount SCALE 1:2000


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12.0 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil

13.0 NEW BUSINESS OF AN URGENT NATURE APPROVED BY

PRESIDING PERSON OR BY DECISION OF MEETING 13.1 Elected Members Nil


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7.25pm Manager Planning Services left the Council Chamber 7.30pm Manager Planning Services returned to the Council Chamber 13.2 Employees 13.2.1 New Item of Urgent Business - Local Government Reform

File Code CM.SRF 1.01 Location / Address N/A Applicant N/A Author Damien Martin, Strategic Projects Advisor Senior Officer Jonathan Throssell, Chief Executive Officer Disclosure of Any Interest Nil

SUMMARY: This item seeks: • to determine Council’s position in response to the recent community polls

relating to local government amalgamation in Perth and the Premier’s reported response that the reform process will cease; and

• to determine Council’s preferred course of action in relation to its position; and • Council’s authorisation for the Chief Executive Officer to prosecute that course

of action. BACKGROUND: The Western Australia Electoral Commission undertook five local government amalgamation postal polls on 7 February 2015 as part of the State Government’s metropolitan local government reform process. Those polls resulted in recommendations for three local government amalgamations to be overturned. The outcomes of the polls ranged from votes of 61% to 88% against the amalgamation proposals. Council’s most recent expression of its position was in October 2014 in response to the announcement by the Minister for Local Government that Shire of Mundaring was to be abolished. Council authorised (C16.10.14): “.. the Shire President ….to write to the Premier and Minister for Local Government…: 1. Expressing its profound disappointment that Shire of Mundaring will be

subject to a boundary adjustment ….. 2. Noting that Council, despite its preferred option to remain as is, voted to

work towards an amalgamation…...


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3. Noting that in its original decision to work towards an amalgamation …., Council took that decision on the basis that the reform process would be fully funded by the State Government.

4. Calling upon the State Government to fully fund the reform process. 5. Requesting that the decision to abolish wards effective 1 July 2015, be

reviewed and other options explored. The Local Government (Mundaring and Swan – Abolition and Change of Boundaries) Order 2014 was gazetted on 24 December 2014. That Order determines that Shire of Mundaring will be abolished, City of Swan boundaries enlarged to encompass the district of Mundaring and all wards in an expanded City of Swan will be abolished from 1 July 2015. Following the determination of the five amalgamation polls, the Western Australian Local Government Association (WALGA) issued a media release on 9 February 2014 withdrawing its support for the reform process. WALGA called upon the State Government to “abandon this process and reverse the Governor’s orders”. The Premier was interviewed on talk-back radio on 10 February 2015 and indicated that an announcement could be expected on the State Government’s policy response to the poll outcomes. At 3.00pm on 10 February 2015 ABC News reported that “plans to almost halve the number of local government authorities in Perth have been put on hold for the foreseeable future, Western Australia's Premier has conceded”. The Premier was quoted as saying that ”the Government would work with individual councils who wished to amalgamate on a case-by-case basis, but that no council would be forced to change.” http://www.abc.net.au/news/2015-02-10/council-mergers-on-hold-as-premier-concedes-reform-bid-failed/6083804?WT.ac=statenews_wa, accessed at 3.37pm. There has been no formal communication from the State Government of a shift in policy at this stage. STATUTORY / LEGAL IMPLICATIONS: Nil POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: There are likely to be costs involved should Council determine to proceed with a public campaign to galvanise community opposition to reform and urge the community to lobby Members of Parliament. It is anticipated that an effective campaign could be undertaken from within existing budget allocations.

http://www.abc.net.au/news/2015-02-10/council-mergers-on-hold-as-premier-concedes-reform-bid-failed/6083804?WT.ac=statenews_wa

http://www.abc.net.au/news/2015-02-10/council-mergers-on-hold-as-premier-concedes-reform-bid-failed/6083804?WT.ac=statenews_wa


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Should Council determine to withdraw (even temporarily) from reform discussions with City of Swan, there may be some minor cost savings. STRATEGIC IMPLICATIONS: Strategic Theme 4: Respected Civic Leadership – Strong civic leadership and governance. Council has consistently supported reform where it can be demonstrated to be in the best interests of the community. It supported a proposal to amalgamate with City of Swan because it considered that to be the least-risk option for the community because it in part provided an opportunity for the community to have a say on the outcome. The Minister’s decision to lodge a proposal to abolish Shire of Mundaring and enlarge City of Swan, and his subsequent acceptance of a recommendation to implement that proposal, could be considered to have vindicated Council’s decisions. Council most recent expression of its position (C16.10.14) confirmed its “preferred option to remain as is…”. The Premier’s comments and the WALGA media release in response the amalgamation polls may provide an opportunity to mobilise the community to lobby Members of Parliament to halt the reform process for Shire of Mundaring and reverse the Local Government (Mundaring and Swan – Abolition and Change of Boundaries) Order 2014. SUSTAINABILITY IMPLICATIONS: Nil RISK IMPLICATIONS: There are some risks should Council resolve to do all or any of the following: • pursue a campaign to halt the reform process and seek a reversal of the

Governor’s order. • cease engagement with City of Swan on reform planning and

implementation until the State Government’s policy response is clearly understood.

• pursue a campaign to have electoral wards in place for the October 2015 election for the enlarged City of Swan.

These risks include: • It may create a community expectation that this objective is realistically

achievable. Should it not be successful, this may create confusion and angst amongst the community.

• The urgency and primacy of a campaign halt the reform process is likely to

“crowd out” any campaign to demonstrate community support for electoral


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wards in the proposed new City of Swan. This risk should be considered in the context of the likelihood (or unlikelihood) of success of either objective.

• It may create further anxiety and uncertainty for staff.

• It may compromise the relationship with the City of Swan.

• Even a temporary withdrawal from reform planning with City of Swan will

reduce the quantity and quality of planning achievable by 30 June should the reform proceed, and this may have deleterious effects on the services available to the community.

A determination to withdraw from reform discussions with City of Swan will require careful consideration. Should Council determine to proceed down this path, it may be prudent to do so only until the State Government’s policy response is understood. An unqualified withdrawal from discussions with City of Swan could compromise Shire of Mundaring’s ability to negotiate favourable outcomes through the Local Implementation Committee and the Combined Executive should the Governor’s order not be reversed. The timing of any potential withdrawal from reform planning with City of Swan is also relevant. There are important workforce planning discussions programmed this week. Should these discussions not be held and the State Government decide to continue with the merger of Shire of Mundaring and City of Swan, the opportunity to influence the principles and processes by which Shire of Mundaring employees transition to City of Swan employees may be impacted. CONSULTATION: Nil COMMENT: Council could determine a course of action that encompasses: • a temporary or permanent discontinuation of reform planning with City of

Swan. It is recommended that should this course of action be considered, Council leaves the option open to recommence reform planning if and when it becomes clear that the Governor’s order will not be reversed.

• a community advertising campaign to mobilise community members and

groups to express their views to their local Members of Parliament, the Minister for Local Government and the Premier.

• A community advertising campaign to demonstrate community support for a

ward structure in the expanded City of Swan. It is likely that this option is inconsistent with other considerations, does not stand a high chance of success, and could distract attention, resources and focus from other priorities that could be considered as more important.


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VOTING REQUIREMENT: Simple Majority RECOMMENDATION

That Council: 1. Lobbies the State Government to immediately halt the reform process and

reverse the Governor’s order in relation to Shire of Mundaring; and 2. Reaffirms its preferred positon to remain as is and not to merge with any

other local government; and 3. Reaffirms its willingness to support reform where it is proven to be in the

best interests of the community. 4. Authorises the Chief Executive Officer to commence a community

advertising campaign to mobilise community members and groups to express their views to their local Members of Parliament, the Minister for Local Government and the Premier and that this campaign be within existing budget allocations.

COUNCIL DECISION C7.02.15 MOTION Moved by: Cr Pilgrim Seconded by: Cr Jones That Council: 1. Notes the Premier’s recent comments regarding Local Government Reform

no longer being pursued by the Government. 2. Requests the Premier direct the Department of Local Government and

Communities and the Minister for Local Government to stop boundary amendments affecting the Shire of Mundaring and revoke Governor’s Orders.

3. Formally withdraws from the Local Government Reform Process. 4. Puts on hold any further discussions regarding LG Reform with City of

Swan. 5. Advises City of Swan of the above resolutions. CARRIED 12/0


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14.0 MATTERS BEHIND CLOSED DOORS Nil 15.0 CLOSING PROCEDURES 15.1 Date, Time and Place of the Next Meeting

The next Ordinary Council meeting will be held on Tuesday, 24 February 2015 at 6.30pm in the Council Chamber.

15.2 Closure of the Meeting

The Presiding Person declared the meeting closed at 7.36pm.

confirmed minutes ordinary council meeting 10 february 2015 · 10.02.2015 council meeting minutes...

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