confirmed minutes ordinary council meeting 9 april … · confirmed minutes ordinary council...

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9.04.2013 COUNCIL MEETING CONFIRMED MINUTES C1 APRIL 2013 CONFIRMED MINUTES ORDINARY COUNCIL MEETING 9 APRIL 2013 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.

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Page 1: CONFIRMED MINUTES ORDINARY COUNCIL MEETING 9 APRIL … · CONFIRMED MINUTES ORDINARY COUNCIL MEETING 9 APRIL 2013 ATTENTION/DISCLAIMER The purpose of this Council Meeting is to discuss

9.04.2013 COUNCIL MEETING CONFIRMED MINUTES

C1 APRIL 2013

CONFIRMED MINUTES

ORDINARY COUNCIL MEETING

9 APRIL 2013

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.

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LEGEND To assist the reader, the following explains the method of referencing used in

this document:

Item Example Description

Page Numbers

C1 APRIL 2013 (C2, C3, C4 etc)

Sequential page numbering of Council Agenda or Minutes for April 2013

Item 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 Officers”

Council Decision Reference

C7.04.13 Council Decision number 7 from Council meeting April 2013

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CONTENTS

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C3 APRIL 2013

1.0 OPENING PROCEDURES 5

1.1 ANNOUNCEMENT OF VISITORS ........................................................................ 5

1.2 RECORD OF ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE ................. 5

2.0 ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT

DISCUSSION 6

2.1 PERMISSION TO SPEAK FOR MEMBERS OF PUBLIC PRESENT ................................ 6

C1.04.13 ........................ 6

3.0 RECOGNITION AND AWARDS 6

4.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN

ON NOTICE 7

5.0 PUBLIC QUESTION TIME 7

6.0 APPLICATIONS FOR LEAVE OF ABSENCE 8

7.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS 9

C2.04.13 ........................ 9

8.0 PRESENTATIONS 9

9.0 DISCLOSURES OF INTERESTS 9

9.1 DISCLOSURE OF FINANCIAL INTEREST AND PROXIMITY INTERESTS ........................ 9

9.2 DISCLOSURE OF INTEREST AFFECTING IMPARTIALITY .......................................... 9

10.0 REPORTS OF COMMITTEES 9

11.0 REPORTS OF EMPLOYEES 10

11.1 NO. 16 (LOT 71) CRAIG STREET, MUNDARING – RECONSIDERATION OF

PLANNING CONDITION FOR CAFÉ AND EXTENSION TO OPERATING HOURS TO

INDOOR RECREATION CENTRE.......................................................................10

C3.04.13 ...................... 15

11.2 NO. 109 (LOT 184) CLIFTON STREET, CHIDLOW – PROPOSED OVERHEIGHT

OUTBUILDING .............................................................................................17

C4.04.13 ...................... 20

11.3 WESTERN LIBRARY DETAILED CONCEPT DESIGNS – EXPLORATION OF

OPTIONS AT BROWN PARK ............................................................................21

C5.04.13 ...................... 25

12.0 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS

NOTICE HAS BEEN GIVEN 25

13.0 NEW BUSINESS OF AN URGENT NATURE APPROVED BY

PRESIDING PERSON OR BY DECISION OF MEETING 25

13.1 ELECTED MEMBERS .....................................................................................25

13.2 EMPLOYEES ...............................................................................................25

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CONTENTS

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14.0 CLOSING PROCEDURES 25

14.1 DATE, TIME AND PLACE OF THE NEXT MEETING ................................................25

14.2 CLOSURE OF THE MEETING ...........................................................................25

15.0 ATTACHMENTS 26

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ORDINARY COUNCIL MEETING COUNCIL CHAMBER

1.0 OPENING PROCEDURES

The Presiding Person declared the meeting open at 6.35pm. 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

Nil 1.2 Record of Attendance/Apologies/Approved Leave of Absence

Councillors Cr A Pilgrim (Deputy President) (Presiding Person) Central Ward Cr L Gu Central Ward Cr L Wysocki Central Ward Cr P Clark West Ward Cr J Daw East Ward Cr P Bertola East Ward Cr S Fox East Ward Cr C James South Ward Cr D Jones South Ward Cr E Marjanovic South Ward Staff Mr J Throssell Chief Executive Officer Mr M Luzi Director Statutory Services Mr A Money Manager Planning Services Mr S Purdy Director Infrastructure Services Ms M Griffiths Director Strategic and Community Services Ms A Douglas Minute Secretary Apologies Nil Absent Nil Leave of C H Dullard (President) West Ward Absence Cr T Cuccaro West Ward Guests Nil Members of the Public

3

Members of the press

Nil

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2.0 ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT DISCUSSION

Nil 2.1 Permission to Speak for Members of Public Present

COUNCIL DECISION C1.04.13 RECOMMENDATION Moved by: Cr Daw Seconded by: Cr Bertola

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 10/0

3.0 RECOGNITION AND AWARDS

Nil

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4.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

At the Ordinary Council Meeting held 12 March 2013 Mr Peter Gavranich of Darlington asked a question which was taken on notice. A response was provided to Mr Gavranich in a letter from the CEO. A summary is listed below:

Summary of Questions Summary of Responses Given

3. In my networking with other ratepayers I was told that their inquiry to the Shire they were given misleading information i.e. that a 1m default zone was sufficient when in fact the mandated local law was 2m. What is the Shire doing to correct this erroneous information?

As there is no reference to whom the original inquirer was nor which officer responded the accuracy or intent of such third hand discussion cannot be confirmed and therefore corrected if indeed the information was incorrect. The Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law has a general prohibition on not to install plants (except grass or similar plants) closer than 2 metres to the carriageway. Activities, however, that cause obstruction can be permitted by permit and the local government has discretion on removal of hazardous plants or things on thoroughfares. There is no reference to or definition of “default zone” in the Local Law.

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.

Summary of Question

Summary of Responses Given

Peter Gavranich, 54 Pittersen Road, Darlington

1. When are you and your fellow councillors, who indisputably have the power, going to intervene after 558 working days when first raised, in the best interest of community safety here a guard rail installed at the treacherous culvert in Pittersen Road?

Cr Pilgrim advised that it is not councillors role to interfere in operational matters and the staff have investigated and taken appropriate action as is required.

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2. When are you and your fellow

councillors, who indisputably have the power, going to intervene after 558 working days when first raised, in the best interest of community safety have the trip and body harm hazards removed that seriously compromise the safety, welfare and health of our community 24 hours a day?

Cr Pilgrim advised that a variation on this question has been asked on many occasions and that he will reiterate, it’s not councillors role to interfere with operational matters. Staff are well aware of the concerns that Mr Gavranich has raised, they have been investigated and where action has been required, appropriate action has been taken.

3. When are you and your fellow councillors, who indisputably have the power, going to remedy the disintegrating roadway (potholes) with bitumen, after a lapse of 62 working days, kerbside opposite 10 and 12 Dryandra Crescent which compromises community safety 24 hours a day?

Cr Pilgrim advised that it is not councillors role to interfere in operational matters. CEO advised that this question was asked at the last council meeting and taken on notice and a response will be provided shortly.

4. Could you please itemise an all-inclusive list of expenditure of ratepayers money connected to the Federal Court Hearing for both financial years involved so that the real cost to the ratepayers which I believe to be in excess of $100,000 can be established?

CEO advised that all information has previously been provided relating to costs of this matter.

6.0 APPLICATIONS FOR LEAVE OF ABSENCE

Nil

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7.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

COUNCIL DECISION C2.04.13 Moved by: Cr Bertola Seconded by: Cr Jones

That the minutes of the meeting of Ordinary Council held Tuesday 26 March 2013 be confirmed. CARRIED 10/0

8.0 PRESENTATIONS Nil

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. (Sections 5.60B and 5.65 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

Nil

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11.0 REPORTS OF EMPLOYEES 11.1 No. 16 (Lot 71) Craig Street, Mundaring – Reconsideration of Planning

Condition for Café and Extension to Operating Hours to Indoor Recreation Centre

File Code Cr 1.16

Date of Report 15 March 2013

Location / Address See ATTACHMENT 1

Landowner Ms V Ross

Applicant Mr E Enever

Zoning TPS 3 – District Business MRS – Urban

Area 1902sqm

Use Class ‘AA’

Ward Central

Author Karen Frost, Planning Officer

Senior Officer Mark Luzi, Director Statutory Services

Disclosure of Any Interest

Nil

SUMMARY: The State Administrative Tribunal (SAT) has requested Council reconsider its decision made on 13 November 2012 under Section 31 of the State Administration Tribunal Act 2004. During mediation on 27 February 2013 with the landowner, agreement was reached that Condition 5 of the approval issued on 13 November 2012 will be fulfilled by way of a separate agreement by both parties. The agreement involves the landowner ceding a 2m strip of land for the widening of the rear right-of-way (ROW). The costs involved in that process will be covered by the Shire of Mundaring. It is recommended that Council resolve to revoke Condition 5 of planning approval issued on 13 November 2012, to comply with the mediation agreement and to avoid any further proceedings via the SAT. BACKGROUND: Council at its meeting held on 13 November 2012 resolved to grant planning approval for the additional use of Café and the extension of operating hours to the Indoor Recreation Centre (Harmony Hall) at the subject site subject to conditions.

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Item 11.1 cont’d 2 The Condition appealed by the landowner via the SAT is as follows: 5. Two metres of land along the southern (rear) boundary of the lot

being given up for the widening of the Right of Way, prior to the commencement of the use.

A previous approval by Council in November 2004 for the extension to Specialty Shop and Indoor Recreation Centre required that 2m along the rear boundary be given as ROW. This condition has not been fulfilled. Subsequently the same condition was imposed on the most recent application for an additional use of Café and extension to operating hours at the Indoor Recreation (Harmony Hall). The landowner subsequently lodged an application for review with SAT against Council’s decision in regard to Condition 5 of the approval in accordance with s255(1) and s214 of the Planning and Development Act 2005. An outcome of mediation was that a 2m strip of land will be ceded for the widening of the ROW. All costs associated with the ceding of the land will be borne by the Shire of Mundaring. The Shire adopted the ‘Precinct Structure Plan for the Business District Zone & the Civic & Cultural Precinct in the Mundaring Townsite in December 1997, which includes the following objectives and recommendation: 4.2.2.2.7 – Existing ROWs at the rear of properties that have been retained are recommended to be widened and sealed. 4.9.2.5 – Development applications affecting lots within the Zone should be considered in light of the scheme and any necessary planning conditions to implement the scheme, such as increasing width of ROW’s, should be imposed from now on…..” STATUTORY / LEGAL IMPLICATIONS:

Planning and Development Act 2005

Town Planning Scheme No.3 (the Scheme) POLICY IMPLICATIONS:

Shire of Mundaring’s Public Comment on Planning Proposals Policy

Precinct Structure Plan for the Business District Zone & the Civic & Cultural Precinct in the Mundaring Townsite

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Item 11.1 cont’d 3 FINANCIAL IMPLICATIONS: Should Council resolve to again refuse the proposal, the applicant may continue the process through the State Administrative Appeals Tribunal which will incur legal costs. STRATEGIC IMPLICATIONS: Nil SUSTAINABILITY IMPLICATIONS: The environmental, social and economic implications from the proposal are considered to be minimal. RISK IMPLICATIONS: Should Council, in its reconsideration of the application, resolve not to remove Condition 5, the applicant and landowner may proceed to a scheduled SAT Mediation or alternatively, a Hearing. In this scenario, the application would be considered by the SAT for their decision. CONSULTATION: The adjoining landowners were consulted on the initial proposal in accordance with the Shire’s Public Comment on Planning Proposals Policy and no objections to the proposal were received. COMMENT: Negotiations have been undertaken between the Shire and the landowner and agreement reached that provides for the giving up of the 2m strip of land for the purpose of widening the ROW. This report recommends as instructed by SAT that Council reconsider the approval issued on 13 November 2013 and revoke Condition 5 which relates to the giving up of a 2m strip of land along the rear boundary for the widening of the right of way. All conditions of the original approval are to remain the same, with the exception of Condition 5.

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Item 11.1 cont’d 4

VOTING REQUIREMENT: Simple majority

RECOMMENDATION

That, pursuant to the invitation extended by the Tribunal under section 31 of the State Administrative Tribunal Act 2004, the Shire of Mundaring reconsider and resolve to amend the original application for additional use of Café and the extension of operating hours to the Indoor Recreation Centre (Harmony Hall) at 16 (Lot 71) Craig Street, Mundaring, subject to the following conditions:

1. The development shall be in complete accordance with the approved plans (including any amendments marked in red) and endorsed by the Director Statutory Services unless prior approval is sought from that Officer for any variation made necessary by detailed design.

2. The operating hours of the Catering Business (Café) shall be restricted from 9.00am to 3.00pm, Monday to Sunday.

3. Seating for the Café shall be limited to a maximum of 20 persons at any given time.

4. A minimum of 17 car parking bays shall be provided, prior to the commencement of the Café. These bays shall be maintained to the satisfaction of the Shire of Mundaring.

5. All fencing, structures and vegetation situated within the two metre Right of Way widening required by Condition 5 above shall be removed from the land to the satisfaction of the Shire of Mundaring.

6. A maximum of 15 persons shall utilise the existing yoga hall (Harmony Hall) at any one given time.

7. Yoga classes, or other similar uses under the definition of “Indoor Recreation Centre” shall only be held in the existing yoga hall (Harmony Hall) building and shall be limited to Monday to Saturday from 8.30am to 9.00pm and Sunday from 9.00am to 6.00pm.

8. All existing crossovers shall be upgraded to a minimum standard to the satisfaction of the Shire of Mundaring.

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Item 11.1 cont’d 5

9. Three copies of a Landscape Plan shall be submitted for approval by the Shire of Mundaring’s Environmental Service prior to the commencement of use. The plan shall show by numerical code the botanical names, quantity and ultimate size of all plant types to be planted and shall incorporate the use of local native species only.

10. The driveways, access ways and car bays are to be constructed to a sealed standard, including drainage and line marking to the satisfaction of the Shire.

11. Any advertising or directional signs shall comply with the Shire’s Signs Local Law and Town Planning Scheme No. 3 and shall be subject to a separate application for planning approval, where applicable.

12. All vegetated and landscaped areas shall be established and maintained to a high horticultural and visual standard to the satisfaction of the Shire of Mundaring’s Environmental Officer.

13. All stormwater produced on the site shall be disposed of into the Shire’s drainage system via an internal system approved by the Shire’s Infrastructure Services.

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Preamble to Council Decision More information be provided to Point 5. noting prior approval had already been sought through council at its meeting of 28 September 2004.

COUNCIL DECISION C3.04.13 RECOMMENDATION Moved by: Cr Wysocki Seconded by: Cr Gu

That, pursuant to the invitation extended by the Tribunal under section 31 of the State Administrative Tribunal Act 2004, the Shire of Mundaring reconsider and resolve to amend the original application for additional use of Café and the extension of operating hours to the Indoor Recreation Centre (Harmony Hall) at 16 (Lot 71) Craig Street, Mundaring, subject to the following conditions:

1. The development shall be in complete accordance with the approved plans (including any amendments marked in red) and endorsed by the Director Statutory Services unless prior approval is sought from that Officer for any variation made necessary by detailed design.

2. The operating hours of the Catering Business (Café) shall be restricted from 9.00am to 3.00pm, Monday to Sunday.

3. Seating for the Café shall be limited to a maximum of 20 persons at any given time.

4. A minimum of 17 car parking bays shall be provided, prior to the commencement of the Café. These bays shall be maintained to the satisfaction of the Shire of Mundaring.

5. All fencing, structures and vegetation situated within the two metre Right of Way widening required by Council’s approval dated 28 September 2004, shall be removed from the land to the satisfaction of the shire of Mundaring.

6. A maximum of 15 persons shall utilise the existing yoga hall (Harmony Hall) at any one given time.

7. Yoga classes, or other similar uses under the definition of “Indoor Recreation Centre” shall only be held in the existing yoga hall (Harmony Hall) building and shall be limited to Monday to Saturday from 8.30am to 9.00pm and Sunday from 9.00am to 6.00pm.

8. Three copies of a Landscape Plan shall be submitted for approval by the Shire of Mundaring’s Environmental Service prior to the commencement of use. The plan shall show by numerical code the botanical names, quantity and ultimate size of all plant types to be planted and shall incorporate the use of local native species only.

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9. The driveways, access ways and car bays are to be constructed to a sealed standard, including drainage and line marking to the satisfaction of the Shire.

10. Any advertising or directional signs shall comply with the Shire’s Signs Local Law and Town Planning Scheme No. 3 and shall be subject to a separate application for planning approval, where applicable.

11. All vegetated and landscaped areas shall be established and maintained to a high horticultural and visual standard to the satisfaction of the Shire of Mundaring’s Environmental Officer.

12. All stormwater produced on the site shall be disposed of into the Shire’s drainage system via an internal system approved by the Shire’s Infrastructure Services.

CARRIED 10/0

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11.2 No. 109 (Lot 184) Clifton Street, Chidlow – Proposed Overheight Outbuilding

File Code Cl 6.109

Date of Report 8 March 2013

Location / Address See ATTACHMENT 2

Landowner Mr P Ward

Applicant Mr P Ward

Zoning TPS 3 – Residential 5 MRS – Urban

Area 3035sqm

Use Class ‘P’ - Outbuilding

Ward East

Author Karen Frost, Planning Officer

Senior Officer Mark Luzi, Director Statutory Services

Disclosure of Any Interest

Nil

SUMMARY: The applicant proposes to construct an overheight barn-style outbuilding. The proposal exceeds the height provisions in Table 2 of the Shire’s Outbuildings Policy. The proposed wall height will be 4.6m and the proposed ridge height 5.3m, which exceeds the permitted height by 0.8m This report considers the proposal will not impact the amenity of the area as the proposed outbuilding will be screened by an existing fence and dense vegetation. BACKGROUND: The intended use of the outbuilding is for the storage of a boat including a trailer and a caravan. The landowner requires secure storage for these items. The proposed outbuilding will be:

90sqm in area (barn-style);

Constructed of colorbond steel - light grey walls and medium grey coloured roof;

Setback 1.5m from the side boundary;

Access to proposed outbuilding via existing driveway; and

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Item 11.2 cont’d 2

The existing outbuilding on the lot is to be removed (as marked on the plans)

The proposed outbuilding will be located behind the main dwelling. The setbacks of the proposed outbuilding comply with Table 2a of the Residential Design Codes (R-Codes). STATUTORY / LEGAL IMPLICATIONS:

Shire of Mundaring’s Town Planning Scheme No. 3

Planning and Development Act 2005 POLICY IMPLICATIONS:

Shire of Mundaring Outbuildings Policy

Shire of Mundaring Public Comment of Planning Proposals

Residential Design Codes of WA FINANCIAL IMPLICATIONS: If the application is refused by Council the applicant may request a review through the State Administrative Tribunal against this decision. Costs would then be incurred through this process. STRATEGIC IMPLICATIONS: Nil SUSTAINABILITY IMPLICATIONS: The economic and environmental implications of this proposal are considered negligible. RISK IMPLICATIONS: Nil CONSULTATION: Consultation was conducted by the landowner, in accordance with the Shire’s Public Comment of Planning Proposal Policy. The form was returned with no objection to the proposal. A Shire employee confirmed the non-objection by phone with the adjoining landowner. COMMENT: As the proposal relates to Planning matters only, comments from the other Services were not required.

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Item 11.2 cont’d 3

Town Planning Scheme No. 3

Scheme Requirement/Clause Assessment/Comment

1. Clause 4.39 (a) (iii) - Outbuildings The proposed outbuilding will have a on lots below 5000sqm in area

shall not have a height greater than 3.0m at wall height and 4.0m at the ridge line.

wall height of 4.6m and a ridge height of 5.3m. The applicant requires the outbuilding to be overheight as a boat and trailer are to be stored in the outbuilding. The combined height of the trailer and boat totals 4.2m. The proposed 4.6m wall height will allow sufficient clearance through the roller door for the boat and the trailer. Views of the proposed outbuilding from the street will be screened by existing vegetation.

Shire of Mundaring Outbuildings Policy

2. Clause 5.3 – Outbuildings that fit any criteria corresponding to Table 2 will generally not be approved unless in Council’s opinion the size, appearance and location of the outbuilding will have a detrimental impact on the landscape and amenity of the area.

The proposed outbuilding will be located behind the dwelling. The proposed outbuilding complies with all other criteria in relation to size, setbacks, colours and materials with the exception of the height. A letter of non-objection was received from the adjoining landowner.

3. Table 2 – Outbuilding that will generally not be approved – wall height exceeding 3.5m and roof height exceeding 4.5m.

See comment 1 above.

Conclusion

It is recommended that after considering the content of this report, Council approve the proposed outbuilding, subject to conditions, as the proposal will have minimal impact on the amenity of the area.

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Item 11.2 cont’d 4 VOTING REQUIREMENT: Simple majority

COUNCIL DECISION C4.04.13 RECOMMENDATION Moved by: Cr Daw Seconded by: Cr Fox

That Council grants planning approval for the proposed outbuilding at 109 (Lot 184) Clifton Street, Chidlow, subject to the following conditions: CONDITIONS 1. The development shall be in complete accordance with the approved plans

(including any amendments marked in red) and endorsed by the Director Statutory Services unless prior approval is sought from that employee for any variation made necessary by detailed design.

2. Stormwater run-off from the development shall be managed in accordance

with Shire’s Town Planning Scheme Policy (Code) relating to Stormwater Management. A copy of this policy is attached.

3. The approved outbuilding is not to be used for habitation, commercial or industrial purposes, without the approval of the Shire.

CARRIED 10/0

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11.3 Western Library Detailed Concept Designs – Exploration of options at Brown Park

File Code CS.CCS4

Date of Report 27 March 2013

Location / Address Salisbury Rd, Swan View

Applicant N/A

Author Rene Baur, Manager Building Assets

Senior Employee Shane Purdy, Director Infrastructure Services

Disclosure of Any Interest

N/A

SUMMARY: This report recommends preparation by an architect of various costed detailed concept plans relating to construction of the proposed new Western Library at Brown Park and indoor community spaces, to allow Council to make an informed decision on future building works.

BACKGROUND: It is proposed to construct a new Western Library in line with Council decisions C4.11.09 and SC3.12.11. Detailed concept plans and associated cost estimates have been developed for construction of the proposed Western Library at Boya Oval along with realignment and expansion works to the oval, construction of a new sports clubroom, demolition of Boya Hall, construction of a covered spectator area adjoining the tennis courts and construction of community facilities such as meeting rooms and function spaces. The plans and cost estimates are at ATTACHMENT 3. The cost estimate derived from the concept designs produced is $10.72 million (including a $300k Shire contingency allowance). The original estimate produced by Braude & Associates Architects in 2009 was $7.9 million (no Shire contingency). A sum of $8.2 million has been allowed for in budget estimates. When the level of cost became apparent, an option was developed to divide the project into two stages. The first stage would see realignment of the oval, construction of the library and community facilities ($8.2 million). The second stage would see replacement of the existing change rooms with a new sports clubroom ($2.75 million). The combined cost of these two stages would be $10.95 million, $200k more than if it were completed as a single project.

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Item 11.3 cont’d 2

At the same time as work was underway to develop the Boya Oval concept plans, a scope was being developed by Shire employees for the upgrade works, and construction of a new Swan View Toy Library, at the Brown Park Community Centre (per Council Decision SC3.12.11). Initial budget allowances for these works total $1 million. Estimates derived from the developed scope put the likely cost closer to $2 million. Taken together the two projects (allowing for the Boya works to be carried out as one project) therefore exceed budget estimates by $3.52 million. A presentation was made to Council Forum on 18 February 2013 showing the Boya Oval detailed concept design and costing, as well as a brief explanation of the situation regarding Brown Park. Employees undertook to provide a report to Council to seek further direction. STATUTORY / LEGAL IMPLICATIONS: Nil POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: A sum of $80,000 (within the current budget) is allocated for architectural services to develop concept plans for the Western Library. Of this, approximately $30,000 has been expended on architectural services to date. Development of the options recommended in this report will expend approximately $40,000 of the remaining funds. Developing costed options as described may result in more economical alternatives to the proposed Boya Oval development being identified.

STRATEGIC IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS: Social – Providing new and upgraded facilities will improve the cultural, leisure and recreational services and facilities offered in the community. Upgrading under-used and sub-standard buildings contributes to the amenity of the Shire’s facilities and the health and safety of the community. Users will have a direct involvement in the running of the Swan View Toy Library, imparting a sense of ownership by the community in the facility.

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Item 11.3 cont’d 3 Accessibility will be a primary, integral part of the design of any buildings.

Environmental – The design of all buildings will incorporate all reasonable means available to reduce energy consumption, and maximise the efficient use of energy. Economic – Nil CONSULTATION: Consultation has taken place with users of the Brown Park Community Centre and Shire staff to define the needs and wants for the Community Centre. Public consultation has taken place regarding the need for a new Western Library and consultants, along with Shire staff, have defined the requirements of the finished building. Further public and in-house consultation will occur for all proposed works as the architects carry out any future, detailed design phase of the project. COMMENT: Completion of the costed concept design development for placement of the proposed Western Library at Boya Oval, as well as upgrading the oval and associated facilities, has proven to be more costly than forecast, by a margin of $2.52 million. Upgrading the Brown Park Community Centre in line with a project scope developed in-house would exceed budget forecasts by an estimated $1.0 million. Taken together, an additional $3.52 million would need to be sourced above current budget allowances to carry out the two projects. Added to the need to replace the existing KSP Library in Greenmount is the urgency associated with demolishing and replacing the existing Greenmount Hall. This would be achieved through either building the new facilities at Boya and/or Brown Park. It is considered more likely to happen in the medium term if the upgrade works to the Brown Park Community Centre were to proceed, whereas inclusion in the community facilities at Boya Oval would see Greenmount Hall retained for a longer time than is desirable. Upgrading Brown Park Community Centre to allow for a wider range of uses would improve its worth to the community and create a more viable facility from a management point of view. To enable Council to make an informed decision on locations and costings for all the facilities concerned – the Western Library, a new Swan View Toy Library, and function space/s to replace Greenmount Hall and Boya Hall – it is considered prudent to develop costed concept options as listed below. These can then be compared with the costed concepts developed for Boya Oval, giving weight and balance to the decision making process.

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Item 11.3 cont’d 4 The additional options to have costed detailed concept plans are; 1. Construction of the Western Library attached to, and full upgrade of, the

Brown Park Community Centre along with Swan View Toy Library construction housed within the Community Centre.

2. Full upgrade of Brown Park Community Centre and construction of the Swan View Toy Library within the Community Centre but no Western Library construction.

3. Construction of the Swan View Toy Library only within the Brown Park Community Centre (using the current commercial kitchen space with an extension to the rear car park).

4. No Western Library construction at Boya Oval, but construction of a new community building housing meeting and function rooms, and a new sports clubroom, after demolition of the existing change rooms and Boya Hall.

7.00pm Manager Planning Services left the meeting and did not return

VOTING REQUIREMENT: Simple majority

RECOMMENDATION

That Council authorises the CEO to engage an architect to develop costed detailed concept plans for the following options: 1. Construction of the Western Library attached to, and full upgrade of, the

Brown Park Community Centre along with Swan View Toy Library construction housed within the Community Centre.

2. Full upgrade of Brown Park Community Centre and construction of the Swan View Toy Library within the Community Centre but no Western Library construction.

3. Construction of the Swan View Toy Library only within the Brown Park Community Centre (Using the current commercial kitchen space with an extension to the rear carpark).

4. No Western Library construction at Boya Oval, but construction of a new community building housing meeting and function rooms, and a new sports clubroom, after demolition of the existing change rooms and Boya Hall.

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COUNCIL DECISION C5.04.13 MOTION Moved by: Cr Clark Seconded by: Cr Wysocki

That this item goes back to the next Council Forum meeting for further discussions. CARRIED 6/4

For Against Cr Clark Cr Pilgrim Cr Daw Cr Fox Cr Wysocki Cr Bertola Cr Gu Cr Jones Cr Marjanovic Cr James

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

13.2 Employees

Nil

14.0 MATTERS BEHIND CLOSED DOORS

Nil 14.0 CLOSING PROCEDURES 14.1 Date, Time and Place of the Next Meeting

The next Ordinary Council meeting will be held on Tuesday, 23 April 2013 at 6.30pm in the Council Chamber.

14.2 Closure of the Meeting

The Presiding Person declared the meeting closed at 7.06pm.

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15.0 ATTACHMENTS

Attachment No.

Item No.

Subject

1 11.1 Location Map – No. 15 (Lot 71) Craig Street, Mundaring

2 11.2 Location Map – No. 1099 (Lot 184) Clifton Street, Chidlow

3 11.3 Western Library Detailed Concept Designs – Exploration of options at Brown Park