minutes - city of fremantle

MINUTES

Special Meeting of Council

Wednesday, 10 September 2014, 6.00pm

Minutes - Special Meeting of Council 10 September 2014

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TABLE OF CONTENTS

ITEM NO SUBJECT PAGE

DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS 2

NYOONGAR ACKNOWLEDGEMENT STATEMENT 2

IN ATTENDANCE 2

APOLOGIES 3

LEAVE OF ABSENCE 3

PUBLIC QUESTION TIME 3

DISCLOSURES OF INTEREST BY MEMBERS 3

APPLICATIONS FOR LEAVE OF ABSENCE 3

PETITIONS / DEPUTATIONS / PRESENTATIONS 4

ANNOUNCEMENTS BY THE MAYOR 4

QUESTIONS OR PERSONAL EXPLANATIONS BY ELECTED MEMBERS 4

TABLED DOCUMENTS 4

LATE ITEMS NOTED 5

MOTIONS OF WHICH NOTICE HAS BEEN GIVEN 5

REPORTS BY THE MAYOR OR OFFICERS OF COUNCIL 5

COUNCIL ITEMS 6

C1408-1 HIGH STREET MALL, NO. 120 (LOTS 123, 124 & 328), FREMANTLE - PARTIAL DEMOLITION AND ALTERATIONS OF EXISTING BUILDING AND CONSTRUCTION OF FOUR (4) STOREY (WITH BASEMENT) MULTIPLE USE DEVELOPMENT (OFFICE, SHOP AND RESTAURANT) - (AA DA0259/14) 6

CONFIDENTIAL MATTERS 12

CLOSURE OF MEETING 12

MINUTES ATTACHMENTS 1


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SPECIAL MEETING OF COUNCIL

Minutes of the Special Meeting of Council held in the Council Chambers, Fremantle City Council

on 10 September 2014 at 6.00 pm.

DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS

The Mayor, Dr Brad Pettitt declared the meeting open at 6.02 pm and welcomed members of the public to the meeting.

NYOONGAR ACKNOWLEDGEMENT STATEMENT

"We acknowledge this land that we meet on today is part of the traditional lands of the Nyoongar people and that we respect their spiritual relationship with their country. We also acknowledge the Nyoongar people as the custodians of the greater Fremantle/Walyalup area and that their cultural and heritage beliefs are still important to the living Nyoongar people today."

IN ATTENDANCE

Dr Brad Pettitt Mayor Cr Robert Fittock North Ward Cr Rachel Pemberton City Ward Cr Simon Naber City Ward Cr Dave Coggin East Ward Cr Ingrid Waltham East Ward Cr Sam Wainwright Hilton Ward Cr Bill Massie Hilton Ward Cr Jon Strachan South Ward Cr Andrew Sullivan South Ward Cr David Hume Beaconsfield Ward Cr Josh Wilson Deputy Mayor / Beaconsfield Ward Mr Graeme Mackenzie Chief Executive Officer Mr Glen Dougall Director Corporate Services Ms Marisa Spaziani Director Community Development Mr Philip St John Director Planning and Development Services Mrs Natalie Martin Goode Manager Statutory Planning Mr Paul Garbett Manager Planning Projects Mr Tom Griffiths Manager Economic Development & Marketing Mr Alan Kelsall Heritage Coordinator Mr Sasha Ivanovich Design Advisory Committee Representative Mrs Kayla Beall Minute Secretary


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There were approximately 16 members of the public and 1 member of the press in attendance.

APOLOGIES

Nil

LEAVE OF ABSENCE

Cr Doug Thompson

PUBLIC QUESTION TIME

The following members of the public spoke in relation to C1408-1 High Street Mall, No. 120 (lots 123, 124 & 328), Fremantle - Partial Demolition and Alterations of Existing Building and Construction of Four (4) Storey (with basement) Multiple Use Development (Office, Shop And Restaurant) - (AA DA0259/14): Damien Otto from the Commonwealth Bank spoke in favour of the development.

Gerard O’Brien spoke in favour of the development.

Joseph Ghia spoke in favour of the development.

Chris Williams spoke against the development.

John Dowson spoke against the development.

Henty Farrar spoke in favour of the development.

Greg McIntyre spoke in favour of the development.

Mary-Rose Baker spoke against the development.

Robert Bodkin spoke against the development.

DISCLOSURES OF INTEREST BY MEMBERS

Nil

APPLICATIONS FOR LEAVE OF ABSENCE

Nil


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PETITIONS / DEPUTATIONS / PRESENTATIONS

The Mayor addressed the chamber in regards to the departure of the Director of Planning and Development Services, Philip St John: I want to say thanks on behalf of the council. It is fair to say that nobody in this room, I think, hasn’t had a real sense of pleasure working with you. Your really unique combination of professionalism, but also a real sense of humour and for me and more importantly, an ability to take complex planning issues, often quite dull planning issues, and make them things that both are exciting, but also actually for many of us break them down into really manageable chunks and get things done. For us, that was a huge break through having Phil in terms of really guiding us through some of the biggest planning changes that Fremantle has seen. You did that in a way that I think enabled us to have the confidence in terms of what we were doing and actually did so in a way that I know I thoroughly enjoyed. It has been an absolute pleasure working with you. Your combination of good humour and wise advice and very loud shirts has been absolutely fantastic. Phil it is a real loss. We wish you all the best and wish you very well in your next stage and that no doubt you will stay connected to Fremantle in many ways and eventually when you are the Director General of Planning of course. Director of Planning and Development Services, Philip St John addressed the chamber: Thank you for those very kind words, I will forgive you for saying that some planning issues are quite dull, it couldn’t be further from the truth, they are all fascinating of course. It has been an absolute pleasure personally and professionally to work for the council, the City of Fremantle and I would say for the community of Fremantle, which I have always found robust and fascinating, but always smart, always well informed, always very lively in debate and for an officer actually although it drives us mad sometimes it’s also actually been fantastic to work here for the last eight and a half years under your leadership and previous leadership and members and the community. It’s been an absolute joy and it is very sad. Although I am moving on voluntarily, I am moving on with nothing but fondness for Fremantle and its community. I wish the council and the Fremantle community the very best.

ANNOUNCEMENTS BY THE MAYOR

Nil

QUESTIONS OR PERSONAL EXPLANATIONS BY ELECTED MEMBERS

Nil

TABLED DOCUMENTS

Nil


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LATE ITEMS NOTED

Nil

MOTIONS OF WHICH NOTICE HAS BEEN GIVEN

Nil.

REPORTS BY THE MAYOR OR OFFICERS OF COUNCIL

Nil.


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COUNCIL ITEMS

C1408-1 HIGH STREET MALL, NO. 120 (LOTS 123, 124 & 328), FREMANTLE - PARTIAL DEMOLITION AND ALTERATIONS OF EXISTING BUILDING AND CONSTRUCTION OF FOUR (4) STOREY (WITH BASEMENT) MULTIPLE USE DEVELOPMENT (OFFICE, SHOP AND RESTAURANT) - (AA DA0259/14)

DataWorks Reference: 059/002 Disclosure of Interest: Nil Meeting Date: 10 September 2014 Responsible Officer: Manager Statutory Planning Actioning Officer: Planning Officer Decision Making Level: Council Previous Item Number/s: N/A Attachments: 1 – Amended plans (2 September 2014)

2 – Minutes of 3 September PSC (C1408-1) Date Received: 29 May 2014 Owner Name: Silverleaf Inverstments Pty Ltd Submitted by: Meyer Shircore & Associates Scheme: City Centre Heritage Listing: Adopted – Level 1B Existing Landuse: Shop, Restaurant & Office Use Class: Shop, Restaurant & Office Use Permissibility: Exempt from approval

EXECUTIVE SUMMARY

The application seeks planning approval for the partial demolition and alterations of existing building, which consist of the buildings known as the Atwell Arcade and construction of four (4) storey (with basement) multiple use development (office, shop and restaurant).


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The application was previously presented to the Ordinary Council meeting of 27 August 2014 where it was resolved to: “defer the item to the next appropriate Planning Services Committee meeting.” Planning Services Committee on 3 September 2014, resolved to: “defer the item to the Special Council meeting on the 10th September 2014.” The applicant submitted amended plans on 2 September 2014 which make the following modifications (summarised);

1. Increased setback of the upper floor on High Street from nil to 9.4m; 2. Locating more of the proposed office space further towards the rear (behind

the existing High St building); 3. Retention of additional arcade shopfronts; 4. Removal of proposed structural columns thorough the main floor plate of

the Cantonment St heritage building; 5. Relocation of tenancy 5a on High Street; 6. Additional 1st floor Courtyard behind the High St building; 7. Skylight over 1st floor Cantonment St building Stairs; 8. 3000m Wide clear passageway in Arcade; 9. Skylight to underside of 1st floor slab to increased natural light to the

arcade; 10. Backlit glass above eastern shopfronts in arcade; and 11. Skylight above arcade towards the south

At the time of writing this report, the application had not been presented to the City’s DAC which is scheduled to meet on 8 September 2014. In addition to this, no heritage comment had been received having regard to the amended plans and a full planning assessment has not yet been undertaken. Having regard to this, the officers recommendation remains unchanged from previous report. It is expected that DAC comments and heritage advice will be received prior to consideration of this item. Officers will present this information, together with additional planning comments, to elected members prior to consideration of this item. OFFICER'S RECOMMENDATION

A. The applicant is advised that the City is not prepared to approve the proposed development in its current form.

B. The City acknowledges that the proposal has improved significantly and that the remaining outstanding concerns are limited in number.

C. The applicant is invited to submit amended plans which respond the outstanding

issues as raised by the Design Advisory Committee workshop of 15 August 2014;


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1. The extent of the setback of the second and third storeys of the proposed office building;

2. The extent of removal of existing fabric of the Cantonment Street building; and,

3. The extent to which the legibility of reinstated Atwell Arcade is maintained. D. Pursuant to Part C above, the proposal be referred to the City’s Design Advisory

Committee for consideration. E. Upon receipt of the amended plans and supporting advice of the design advisory

committee, the application be presented to the next available council or planning services committee.

Mayor, Brad Pettitt MOVED the following alternative recommendation: COUNCIL DECISION That the application be APPROVED under the Metropolitan Region Scheme and Local Planning Scheme No. 4 for the Partial demolition and alterations of existing building and construction of four (4) storey (with basement) multiple use development (office, shop and restaurant) at No. 120 (Lots 123, 124 & 328) High Street, Fremantle, subject to the following conditions: 1. This approval relates only to the development as indicated on the approved

plans dated 2 September 2014 unless modified by the conditions below. It does not relate to any other development on this lot and must substantially commence within 4 years from the date of the decision letter. If the subject development is not substantially commenced within a 4 year prior, the approval shall lapse and be of no further effect.

2. Prior to the submission of a Building or Demolition Permit, the following

information being submitted to the City which includes the following details to the satisfaction of the Chief Executive Officer – City of Fremantle, on advice of the Coordinator Heritage;

a. The reinstatement of significant shopfronts and details comprising

Atwell Arcade into the proposed large format retail tenancy; b. Treatments to internal and external surfaces, materials, finishes or

replacement of existing fabric, including those that may be necessary for the provision of services and that may impact on the heritage fabric of the place but are necessary for the achievement of other conditions included in this approval; and,

c. Internal walls proposed for the provision of internal plumbing, electrical and safety services and how the impact on the heritage fabric of the existing place will be minimised.

3. Prior to the issue of a Building or Demolition Permit, plans hereby approved

being modified and the supporting details being to the satisfaction of the Chief Executive Officer - City of Fremantle, on advice of the Design Advisory Committee relating to;


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a) A legible pedestrian link being provided between High Street Mall and

Cantonment Street and how the interpretation of the Atwell Arcade structure as a pedestrian throughway will be maintained; and

b) Details of external materials, finishes and facade composition to all elevations.

4. Prior to the issue of a Building or Demolition Permit, the plans hereby

approved being modified so as to be consistent information submitted and approved in conditions 2 & 3 of this approval and that such details be constructed and thereafter maintained to the satisfaction of the Chief Executive Officer – City of Fremantle.

5. Prior to the issue of a Building or Demolition permit, the owner is to enter into

a legal agreement with the City of Fremantle, drafted by the City’s solicitors at the expense of the owner and be executed by all parties concerned prior to the commencement of the works. The legal agreement will specify measures to allow for a continuous area, not narrower than 3.0m wide in the position of the existing Atwell Arcade, from Cantonment Street to High Street Mall, free of pedestrian and/or visual obstructions, shall be made available for universal public access during opening hours of the subject site, to the satisfaction of the Chief Executive Officer, City of Fremantle.

6. Prior to the issue of a Building or Demolition Permit the owner shall

contribute a monetary amount equal in value to one percent of the estimated development cost, as indicated on the Form of Application for Planning Approval, to the City of Fremantle for development of public art works and/or heritage works to enhance the public realm. Based on the estimated cost of the development being $6,995,000 the contribution to be made is $69,950.

7. Prior to the issue of a Building Permit or Demolition and Construction

Management Plan shall be submitted to the City to the satisfaction of the Chief Executive Officer – City of Fremantle addressing the following matters:

a) Use of City car parking bays for construction related activities; b) Protection of infrastructure and street trees within the road reserve; c) Security fencing around construction sites; d) Gantries; e) Access to site by construction vehicles; f) Contact details; g) Site offices; h) Noise - Construction work and deliveries; i) Sand drift and dust management; j) Waste management; k) Dewatering; l) Traffic management; and m) Works affecting pedestrian areas.

The approved Demolition and Construction Management Plan shall be adhered to throughout the demolition of the existing building on site and construction of the new development.


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8. Prior to the issue of a Building Permit application, a Traffic Management Plan

outlining the developments effect on the surrounding network including the pedestrian, bicycle and vehicle network shall be submitted to the satisfaction of the Chief Executive Officer – City of Fremantle.

9. Prior to occupation, the north eastern (side) elevation of the ‘Second Floor

Terrace’ shall be either:

a) fixed obscured or translucent glass to a height of 1.60 metres above floor level, or

b) fixed with vertical screening, with openings not wider than 5cm and with a maximum of 25% perforated surface area, to a minimum height of 1.60 metres above the floor level, or

c) a minimum sill height of 1.60 metres as determined from the internal floor level, or

d) screened by an alternative method to the satisfaction of the Chief Executive Officer, City of Fremantle,

in accordance with Clause 5.4.1 C1.1 of the Residential Design Codes and thereafter maintained to the satisfaction of Chief Executive Officer, City of Fremantle.

10. Prior to occupation, the design and materials of the development shall adhere

to the requirements set out within City of Fremantle policy L.P.P2.3 - Fremantle Port Buffer Area Development Guidelines for properties contained within Area 2. Specifically, the development shall provide the following: a) Glazing to windows and other openings shall be laminated safety glass

of minimum thickness of 6mm or ‘double glazed’ utilising laminated or toughened safety glass of a minimum thickness of 3mm.

b) Air conditioners shall provide internal centrally located ‘shut down’ points and associated procedures for emergency use.

c) Roof insulation in accordance with the requirements of the Building Codes of Australia.

11. Prior to occupation of the development, the car parking and loading area(s),

and vehicle access and circulation areas shown on the approved site plan, including the provision of disabled car parking, shall be constructed, drained, and line marked and provided in accordance with Clause 5.7.1(a) of the City of Fremantle Local Planning Scheme No.4, to the satisfaction of the Chief Executive Officer, City of Fremantle.

12. Prior to occupation, the bicycle parking and/or storage areas depicted on the

plans hereby approved shall be designed, installed and thereafter maintained in accordance with the requirements Table 3 and clause 5.16 of Local Planning Scheme No. 4, to the satisfaction of the Chief Executive Officer – City of Fremantle.

13. All storm water discharge shall be contained and disposed of on site or

otherwise approved by the Chief Executive Officer – City of Fremantle.


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14. The works hereby approved shall be undertaken in a manner which does not irreparably damage any original or significant fabric of the building. Should the works subsequently be removed, any damage shall be rectified to the satisfaction of the Chief Executive Officer, City of Fremantle.

15. All air-conditioning plant, satellite dishes, antennae and any other plant and

equipment to the roof or balconies of the building shall be located to be not visible from the street, and where visible from other buildings or vantage points shall be suitably located, screened or housed, to the satisfaction of the Chief Executive Officer – City of Fremantle.

16. The design and construction of the development is to meet the 4 star green

star standard as per Local Planning Policy 2.13 or alternatively to an equivalent standard as agreed upon by the Chief Executive Officer, City of Fremantle. Any costs associated with generating, reviewing or modifying the alternative equivalent standard is to be incurred by the owner of the development site. Twelve (12) months after practical completion of the development, the owner shall submit either of the following to the City to the satisfaction of the Chief Executive Officer – City of Fremantle; a) a copy of documentation from the Green Building Council of Australia

certifying that the development achieves a Green Star Rating of at least 4 Stars; or,

b) a copy of agreed equivalent documentation certifying that the development achieves a Green Star Rating of at least 4 Stars.

ADVICE TO APPLICANT The carpark ventilation is an issue Governed by the Building Code of Australia (F4.11). The Building Code of Australia requires compliance with Australian Standard AS1668.2 for Mechanical Ventilation. The Certifying Building Surveyor will be required to ensure compliance with AS1668.2. This is to be dealt with in the building licence stage. CARRIED: 11/1

For Against

Mayor, Brad Pettitt Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright

Cr Bill Massie


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CONFIDENTIAL MATTERS

Nil.

CLOSURE OF MEETING

THE MAYOR, B PETTITT DECLARED THE MEETING CLOSED AT 7.17 PM.


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SUMMARY GUIDE TO CITIZEN PARTICIPATION & CONSULTATION

The Council adopted a Community Engagement Policy in December 2010 to give effect to its commitment to involving citizens in its decision-making processes. The City values community engagement and recognises the benefits that can flow to the quality of decision-making and the level of community satisfaction. Effective community engagement requires total clarity so that Elected Members, Council officers and citizens fully understand their respective rights and responsibilities as well as the limits of their involvement in relation to any decision to be made by the City.

How consultative processes work at the City of Fremantle

The City’s decision makers 1. The Council, comprised of Elected Members, makes policy, budgetary and key strategic decisions while the CEO, sometimes via on-delegation to other City officers, makes operational decisions.

Various participation opportunities 2. The City provides opportunities for participation in the decision-making process by citizens via itscouncil appointed working groups, its community precinct system, and targeted community engagement processes in relation to specific issues or decisions.

Objective processes also used 3. The City also seeks to understand the needs and views of the community via scientific and objective processes such as its bi-ennial community survey.

All decisions are made by Council or the CEO 4. These opportunities afforded to citizens to participate in the decision-making process do not include the capacity to make the decision. Decisions are ultimately always made by Council or the CEO (or his/her delegated nominee).

Precinct focus is primarily local, but also city-wide

5. The community precinct system establishes units of geographic community of interest, but provides for input in relation to individual geographic areas as well as on city-wide issues.

All input is of equal value 6. No source of advice or input is more valuable or given more weight by the decision-makers than any other. The relevance and rationality of the advice counts in influencing the views of decision-makers.

Decisions will not necessarily reflect the majority view received

7. Local Government in WA is a representative democracy. Elected Members and the CEO are charged under the Local Government Act with the responsibility to make decisions based on fact and the merits of the issue without fear or favour and are accountable for their actions and decisions under law. Elected Members are accountable to the people via periodic elections. As it is a representative democracy, decisions may not be made in favour of the majority view expressed via consultative processes. Decisions must also be made in accordance with any statute that applies or within the parameters of budgetary considerations. All consultations will clearly outline from the outset any constraints or


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limitations associated with the issue.

Decisions made for the overall good of Fremantle

8. The Local Government Act requires decision-makers to make decisions in the interests of “the good government of the district”. This means that decision-makers must exercise their judgment about the best interests of Fremantle as a whole as well as about the interests of the immediately affected neighbourhood. This responsibility from time to time puts decision-makers at odds with the expressed views of citizens from the local neighbourhood who may understandably take a narrower view of considerations at hand.

Diversity of view on most issues 9. The City is wary of claiming to speak for the ‘community’ and wary of those who claim to do so. The City recognises how difficult it is to understand what such a diverse community with such a variety of stakeholders thinks about an issue. The City recognises that, on most significant issues, diverse views exist that need to be respected and taken into account by the decision-makers.

City officers must be impartial 10.

City officers are charged with the responsibility of being objective, non-political and unbiased. It is the responsibility of the management of the City to ensure that this is the case. It is also recognised that City officers can find themselves unfairly accused of bias or incompetence by protagonists on certain issues and in these cases it is the responsibility of the City’s management to defend those City officers.

City officers must follow policy and procedures

11.

The City’s community engagement policy identifies nine principles that apply to all community engagement processes, including a commitment to be clear, transparent, responsive , inclusive, accountable andtimely. City officers are responsible for ensuring that the policy and any other relevant procedure is fully complied with so that citizens are not deprived of their rights to be heard.


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Community engagement processes have cut-off dates that will be adhered to.

12.

As City officers have the responsibility to provide objective, professional advice to decision-makers, they are entitled to an appropriate period of time and resource base to undertake the analysis required and to prepare reports. As a consequence, community engagement processes need to have defined and rigorously observed cut-off dates, after which date officers will not include ‘late’ input in their analysis. In such circumstances, the existence of ‘late’ input will be made known to decision-makers. In most cases where community input is involved, the Council is the decision-maker and this affords community members the opportunity to make input after the cut-off date via personal representations to individual Elected Members and via presentations to Committee and Council Meetings.

Citizens need to check for any changes to decision making arrangements made

13.

The City will take initial responsibility for making citizens aware of expected time-frames and decision making processes, including dates of Standing Committee and Council Meetings if relevant. However, as these details can change, it is the citizens responsibility to check for any changes by visiting the City’s website, checking the Fremantle News in the Fremantle Gazette or inquiring at the Customer Service Centre by phone, email or in-person.

Citizens are entitled to know how their input has been assessed

14.

In reporting to decision-makers, City officers will in all cases produce a community engagement outcomes report that summarises comment and recommends whether it should be taken on board, with reasons.

Reasons for decisions must be transparent 15.

Decision-makers must provide the reasons for their decisions.

Decisions posted on the City’s website 16.

Decisions of the City need to be transparent and easily accessed. For reasons of cost, citizens making input on an issue will not be individually notified of the outcome, but can access the decision at the City’s website under ‘community engagement’ or at the City Library or Service and Information Centre.


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Issues that Council May Treat as Confidential Section 5.23 of the new Local Government Act 1995, Meetings generally open to the public, states: 1. Subject to subsection (2), the following are to be open to members of the public -

a) all council meetings; and b) all meetings of any committee to which a local government power or duty has

been delegated.

2. If a meeting is being held by a council or by a committee referred to in subsection (1) (b), the council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following:

a) a matter affecting an employee or employees; b) the personal affairs of any person; c) a contract entered into, or which may be entered into, by the local government

and which relates to a matter to be discussed at the meeting; d) legal advice obtained, or which may be obtained, by the local government and

which relates to a matter to be discussed at the meeting; e) a matter that if disclosed, would reveal –

i) a trade secret; ii) information that has a commercial value to a person; or iii) information about the business, professional, commercial or financial

affairs of a person. Where the trade secret or information is held by, or is about, a person other than the local government.

f) a matter that if disclosed, could be reasonably expected to - i) impair the effectiveness of any lawful method or procedure for preventing,

detecting, investigating or dealing with any contravention or possible contravention of the law;

ii) endanger the security of the local government’s property; or iii) prejudice the maintenance or enforcement of a lawful measure for

protecting public safety.

g) information which is the subject of a direction given under section 23 (Ia) of the Parliamentary Commissioner Act 1971; and

h) such other matters as may be prescribed.

3. A decision to close a meeting or part of a meeting and the reason for the decision are to be recorded in the minutes of the meeting.


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MINUTES ATTACHMENTS

Special Meeting of Council

Wednesday, 10 September 2014, 6.00 pm

Minutes Attachments - Special Meeting of Council

10 September 2014

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minutes - city of fremantle

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