notice of meeting - town of claremont · notice of meeting . notice is hereby given. that an ....

TOWN OF CLAREMONT

N O T I C E O F M E E T I N G

NOTICE IS HEREBY GIVEN that an

ORDINARY Meeting of the Council will be held,

on TUESDAY 15 MARCH, 2016, commencing at 7:00 PM

at the Town of Claremont, Claremont Council Chambers, 308 Stirling Highway,

Claremont.

Stephen Goode CHIEF EXECUTIVE OFFICER Date:

DISCLAIMER Would all members of the public please note that they are cautioned against taking any action as a result of a Council decision tonight until such time as they have seen a copy of the Minutes or have been advised, in writing, by the Council’s Administration with regard to any particular decision.

ORDINARY COUNCIL MEETING AGENDA 15 MARCH, 2016

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TABLE OF CONTENTS

ITEM SUBJECT PAGE NO 1 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS ............ 1

2 RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE .......... 1

3 DISCLOSURE OF INTERESTS .................................................................. 1

4 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE . 1

5 PUBLIC QUESTION TIME .......................................................................... 1

6 PUBLIC STATEMENT TIME ....................................................................... 1

7 APPLICATIONS FOR LEAVE OF ABSENCE ............................................ 1

8 PETITIONS/DEPUTATIONS/PRESENTATIONS ........................................ 1

9 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS ..................... 1

10 ANNOUNCEMENT OF CONFIDENTIAL MATTERS FOR WHICH MEETING MAY BE CLOSED TO THE PUBLIC ......................................... 1

11 BUSINESS NOT DEALT WITH FROM A PREVIOUS MEETING ............... 1

12 REPORTS OF COMMITTEES ..................................................................... 1

13 REPORTS OF THE CEO ............................................................................. 2

13.1 PLANNING AND DEVELOPMENT .................................................. 2

13.1.1 HERITAGE SCHEDULE – FURTHER CONSIDERATION ..... 2

13.1.2 STIRLING HIGHWAY HOUSING STUDY ............................ 17

13.2 CORPORATE AND GOVERNANCE .............................................. 31

13.2.1 MONTHLY STATEMENT OF FINANCIAL ACTIVITY FOR THE PERIOD ENDING 31 JANUARY 2016 ......................... 31

13.2.2 LIST OF PAYMENT 1-29 FEBRUARY 2016 ........................ 34

13.2.3 NEW PARKING LOCAL LAW .............................................. 36

13.3 PEOPLE & PLACES ...................................................................... 44

13.3.1 CONTRIBUTION TO MOSMAN PARK MEN'S SHED ......... 44

14 ANNOUNCEMENTS BY THE PRESIDING PERSON ............................... 47


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15 ELECTED MEMBERS’ MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ............................................................................................. 47

16 NEW BUSINESS OF AN URGENT NATURE APPROVED BY THE PERSON PRESIDING OR BY DECISION OF MEETING ......................... 47

17 CONFIDENTIAL MATTERS FOR WHICH THE MEETING MAY BE CLOSED TO THE PUBLIC ....................................................................... 48

17.1 PLANNING AND DEVELOPMENT ................................................ 48

17.1.1 WASTE RECYCLING COLLECTION SERVICE CONTRACT RENEWAL ............................................................................ 48

18 FUTURE MEETINGS OF COUNCIL ......................................................... 49

19 DECLARATION OF CLOSURE OF MEETING ......................................... 49


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TOWN OF CLAREMONT

ORDINARY COUNCIL MEETING

15 MARCH, 2016

AGENDA

1 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

2 RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE

3 DISCLOSURE OF INTERESTS

4 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

5 PUBLIC QUESTION TIME

6 PUBLIC STATEMENT TIME

7 APPLICATIONS FOR LEAVE OF ABSENCE

8 PETITIONS/DEPUTATIONS/PRESENTATIONS

9 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

That the minutes of the Ordinary Meeting of Council held on 1 March 2016 be confirmed.

10 ANNOUNCEMENT OF CONFIDENTIAL MATTERS FOR WHICH MEETING MAY BE CLOSED TO THE PUBLIC

11 BUSINESS NOT DEALT WITH FROM A PREVIOUS MEETING

12 REPORTS OF COMMITTEES


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13 REPORTS OF THE CEO

13.1 PLANNING AND DEVELOPMENT

13.1.1 HERITAGE SCHEDULE – FURTHER CONSIDERATION

File Ref: DAB/00027 Attachments - Public: Ronald Bodycoat Report Heritage Planning Legislation Attachments - Restricted: Submission Responsible Officer: David Vinicombe

Executive Manager Planning and Development Author: Odhran O’Brien

Heritage Officer David Vinicombe

Executive Manager Planning and Development Proposed Meeting Date: 15 March 2016

Enabling Legislation: Town Planning Scheme No. 3 (TPS3) Planning and Development (Local Planning Schemes) Regulations 2015 (LPS Regs) Local Planning Policy 2/2015 – Retention of Heritage Places, Heritage Areas and Heritage Precincts (LPP 2/2015)

Summary • At its meeting held on 7 July 2015, Council adopted the updated Schedule of

Historic and Other Buildings and Places 2015 (Heritage Schedule), attached to the Town Planning Scheme No. 3.

• Properties at 16 Hammond Road, 17A Walter Street and 34 Servetus Street were deferred for referral to Council’s Peer Review Panel for further consideration and a recommendation.

• The Showgrounds of the Royal Agricultural Society of Western Australia (RAS) was also referred back to the Planning Department pending further advice.

• Peer Review Panel sessions for 16 Hammond Road, 17A Walter Street and 34 Servetus Street were held on 6 November and 1 December 2015, and 12 February 2016. The Panel has recommended that all three places be retained on the Heritage Schedule, however their management categories be revised from Category B to Category C – one of which is considered of a lower order (17A Walter Street).

• The implications of reclassification are limited to providing greater planning flexibility applied when determining an application. However with 17A Walter Street, the lower order C classification would open the possibility of total removal if the owner applied for development approval to demolish and removal of the listing in accordance with Council Policy.

• 17A Walter Street is part of a duplex with a common roof. The recommended reclassification of 17A will also affect 17B Walter Street.


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• In accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 (LPS Regs), the owner of 17B has been consulted and has raised concerns that the reclassification may raise the potential for extensions and redevelopment which may affect their side of the duplex and cause inconvenience to tenants. The concerns have been discussed with both owners. The property could be developed in accordance with the RDC and Council’s Policies relating to character retention and heritage protection despite the classification of B or C. These Policies would ensure a suitable design outcome to protect the streetscape and ensure the design complements the other half of the duplex. The Strata Titles Act also provides protection for the other owner. It is therefore recommended that 17B Walter Street also be reclassified as Category C, acknowledging its lower order status.

• Local Planning Policy 2/2015 – Retention of Heritage Places, Heritage Areas and Heritage Precincts (LPP 2/2015) provides design guidelines for dealing with applications for development of heritage properties, inclusive of requirements to be satisfied in the consideration of extensions and alterations, including removal and delisting.

• It is recommended that the Town undertake a detailed assessment of the buildings at the RAS Showgrounds in consultation with their administration.

• There are a number of minor alterations now required to the Heritage Schedule as a result of changes to the deemed provisions included within the Planning and Development (Local Planning Scheme) Regulations 2015 (LPS Regs) and the subsequent update of the Town Planning Scheme No. 3 (TPS3). These include renaming the Heritage Schedule the Heritage List. Further, the Heritage List now includes reference to the interior of heritage listed places.

Purpose For Council to consider: • The Peer Review Panel’s recommendation to include 16 Hammond Road, 17A

(and B) Walter Street and 34 Servetus Street on the Heritage List as Category C listings.

• Renaming the ‘Heritage Schedule’ the ‘Heritage List’ and inserting a reference to the interior of heritage places.

• Undertaking a detailed assessment of the heritage significance of the buildings contained within the RAS Showgrounds.

Background Section 45 of the Heritage of Western Australia Act 1990 (Heritage Act) states that: (1) A local government shall compile and maintain an inventory of buildings within

its district which in its opinion are, or may become, of cultural heritage significance.

(2) The inventory required by subsection (1) shall be compiled no later than 4 years from the commencement of this Act and shall be –

(a) updated annually; and (b) reviewed every 4 years after compilation.

The Town adopted its first Municipal Inventory (MI) of locally significant heritage buildings and places in 1992 in accordance with (2) above. The MI has been updated regularly since 1992 and a comprehensive review commenced in 2010 which


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resulted in the adoption of the Town of Claremont Local Government Inventory 2014 (LGI). The Heritage Schedule was previously required to be updated in accordance with cl.78 of TPS3. Clause 78 has now been replaced by Part 3 – Heritage protection of the deemed provisions of the LPS Regs (see attached). Essentially the new planning legislation maintains a consistent approach to heritage matters, with the exception that the internal features of building require more detailed examination and referencing within the heritage listing. In addition, a minor change to nomenclature is made, referencing the “Heritage Schedule” as the “Heritage List”. Clauses 25(3) and 79 of TPS3, which are the prime protective provisions for heritage buildings under the Scheme, are retained as follows: 25. DEVELOPMENT GENERALLY:

(3) No person shall, unless the consent of the Council is obtained, demolish any building, structure or part thereof that is listed in the Schedule referred to under Clause 78 (now LPS Regs deemed provision 8) of Council’s Town Planning Scheme or is listed on Council’s Heritage Survey undertaken in November 1991 and as amended from time to time. Council may refuse to grant planning approval to any application to demolish any building listed in the Schedule referred to under Clause 78 (now LPS Regs deemed provision 8) of Council’s Town Planning Scheme or Council’s Heritage Survey as amended from time to time which has been identified in that survey as a place which has high intrinsic architectural merit, to be an outstanding example of its kind, to be of historical significance or to substantially contribute to the streetscape.

79 PRESERVATION OF HISTORIC AND OTHER BUILDINGS, OBJECTS AND PLACES:

(1) Where any development involves an alteration to, or the destruction, total or partial of a building, object or place which is: (a) entered in the Schedule; (b) included by the Australian Heritage Commission in the Register

of the National Estate; (c) included in the National Heritage Register; the Council before determining that application may give notice thereof to the National Trust of Australia (WA), the Australian Heritage Commission and such other bodies or persons as the Council thinks fit.

(2) In determining an application referred to in sub Clause (1) of this Clause the Council shall have regard to any submissions made to the Council with respect to the preservation of the building, object or place involved in that application.

Past Resolution Ordinary Council Meeting, 7 July 2015, Resolution 117/15:


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That Council: 1 Advise those who made submissions on the Draft Town of Claremont Schedule of Historic and Other Buildings and Places of the comments contained in the attached submissions table, modified to address part 2 below. 2 Adopt the Town of Claremont Schedule of Historic and Other Buildings and Places 2015 (attached) under Clause 78 of Town Planning Scheme No. 3, with exception of 34 Servetus Street, 16 Hammond Road and 17A Walter Street, which are to be further reviewed by Council’s Peer Review Panel, and the Royal Agricultural Society WA Showgrounds, which will be subject of a further report back to Council for consideration. Reason: To allow Council to consider submissions received today from the owner of 34 Servetus Street and the Royal Agricultural Society of WA’s solicitor, to provide for the Peer Review Panel to review the listing proposals for 34 Servetus Street and for both matters to be referred back to Council for further consideration by adding these properties to part 2 of the recommendation and deleting part 3.

CARRIED (NO DISSENT)

Discussion Peer Review Panel Peer Review Panel sessions were convened for the purpose of reviewing the recommendations for 16 Hammond Road, 17A Walter Street and 34 Servetus Street which were deferred from Council’s resolution to adopt the Town of Claremont Local Government Inventory (LGI) and Heritage Schedule on 7 July 2015. The former Chairperson of the Panel, Associate Professor Patric de Villiers has taken a new position with the State Administrative Tribunal (SAT) and was unable to continue his services. He has been replaced with Brian Hunt who is a Senior Sessional Member at SAT. Phillip Griffiths (Member of the Heritage Council of Western Australia) and Dr John Taylor (a consulting architect to the Town) have continued as members of the Panel. The owners have again been invited to be represented by their own heritage consultant or to represent themselves at the panel sessions. The Panel was required to assess the property against the criteria set out in the State Heritage Office’s Criteria for the Assessment of Local Heritage Places and Areas: A Practical Guide to Identifying, Grading and Documenting Places and Areas in Local Government Inventories. This is a working document for assessing the heritage of a place based on the heritage values outlined in the Heritage of Western Australia Act 1990, State Planning Policy 3.5 and Burra Charter 2013. The heritage advice received by the Town from John Taylor Architects, the owner’s submissions and the recommendations of the Panel are included in the following: 16 Hammond Road, Claremont John Taylor Architects’ Report The 2014 report titled Review of 16 Places in the Draft Town of Claremont Heritage Inventory was produced by John Taylor Architects. The report was commissioned by the Town in order to gain an independent consideration of the heritage value of properties for which detailed submissions were made during the consultation process for the draft LGI. The report recommended that the heritage management category for the property be changed from a Category B listing to a Category C listing and this


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was supported by the Heritage Officer when the Heritage Schedule was referred to Council on 7 July 2015. The report continues to form the basis of the Planning Department’s recommendation to include the property on the Heritage Schedule and was referenced through the course of the Panel session. The report included the following comments:

16 Hammond Street, an Inter-War California Bungalow style residence, has aesthetic value in its presentation and provision of homogeneity to the streetscape on the south side of Hammond Road. The place has minor local social value through association with various owners. The design of the place incorporates some Arts and Craft influences, and is a good (but not outstanding) example of the Inter War period of development – it is clearly identifiable. The era and style of residence contributes to the community’s sense of place. The place has been well-maintained, and despite the apparent modification of the original core of the house by a large-scale rear extension (that follows original detailing), fits well within the streetscape, with similar-era residences at 8, 10 and 12 Hammond Road.

Recommendation: modify from Category B status noted in Town of Claremont draft Heritage Inventory to Category C status. Peer Review Panel Recommendation Viewed and considered by the Peer Review Panel consisting of Brian Hunt (Chair), Philip Griffiths and John Taylor (Expert members) and property owner George Pinakis on 6 November, 2015. It is recommended that this property should remain on the Municipal Heritage Inventory [currently the LGI] and be given a management category of C for the following reasons:

• The expansive original single storey corner residence typifies the Inter-War California Bungalow style. The place demonstrates the prosperity of the period emerging from the Depression.

• The dwelling is a fine example of an Inter-War California Bungalow with Arts and Crafts influences demonstrated by the chimney central on the prominent front wall.

• The residence has aesthetic value in its presentation and provision of homogeneity to the streetscape both on the south side of Hammond Road and to adjoining portions of George Avenue.

• The era and style of residence contributes to the community’s sense of place. • The place has been well maintained, and despite the apparent modification of the

original core of the house by a large-scale extension (that follows original detailing), fits well within the streetscape, with similar era residences at 4, 8, 12, 18 Hammond Road and 5, 9, 11 George Avenue.

It is to be noted that the heritage experts Philip Griffiths and John Taylor were in agreement that the place should remain on the Municipal Heritage Inventory and that management category C was appropriate. The Peer Review Panel would, however, regard the portion of the building added to the original dwelling as having little cultural significance.


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Owner’s Comments (made during the review of the LGI) I am writing to each of you personally to stress how strongly we feel about our objection to the nomination. We have resided at 16 Hammond Rd for approximately 28 years and during this time there has been at least one of these listing procedures. At that time the council did not see fit or find any reason to include our property on any register nor in fact any of the other pre-war houses in our general area. In the last round of nominations that I recall, I know of at least one property that was listed as a heritage colonial when in fact it was a house of the same vintage as ours which was rendered, had a tin roof and veranda fitted. Your planners don't always get it right. It should be noted that most of the other houses of our vintage have since been demolished to make way for new dwellings. This type of Architecture is cramped, dark & by degrees either hot or cold (spec home circa 1944) and does not have the more generous proportions of the Nedlands Californian Bungalow which were built on much larger blocks and are therefore more sustainable. It is interesting to note that in Hammond Rd, George Ave & Goldsworthy Rd there are similar properties which have failed to be nominated or listed for preservation, making ours the only property of this type in the new schedule. We see this as a discriminatory move and feel that your original selection committee has mistaken the additions (1990) which afford the house greater street presence as original. I have spoken with Odhran O'Brien from the Council who was not involved in the original selection procedure and has no idea why no other similar properties are included. We recently had the property valued; this was done over the phone by a local agent who was neither interested in inspection or even finding out what it offered in the way of accommodation as its only value is in the land it sits on. A classification of this type would make the property worthless. Who would purchase a property when they have no right to do with it as they want. Your planners have advised that the council is very flexible in the amount and type of modification allowed but to what extent remains to be tested. The original house comprises small lounge room, smaller dining room, 2 bedrooms & sleep-out (these rooms being inter connected). This layout makes modification extremely difficult without basically demolishing the property. The tile roof is coming up for replacement with valleys rusting & tiles fretting due to constant roof traffic caused by the necessity to keep roof clear of both pine needles & plane tree leaves from the verge trees. It was planned to replace roof with colorbond but now we are not even sure if that would be allowed given that it could detract from "arts & crafts period" designation afforded it. The nomination says that the property is indicative of a more prosperous era after the depression, this is certainly not evident in the construction which is in constant need of maintenance. I could go on but all I can do is object to a proposed listing, feeling it is discriminatory given this is the only property chosen and the fact that we have much to lose from a preservation order.


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Should the listing be applied I trust the council will offer compensation for the hardship it will cause perhaps by means of an increased density rating. Listing of one random property in 3 streets does nothing for heritage or promoting a heritage feel for the area, but rather alienates that property from its environment, which is predominantly comprised of modem dwellings. I urge you to vote NO to this nomination. Thanking you in anticipation of your understanding. Officer comments As outlined above, the owner has requested that 16 Hammond Road not be included based on the argument that it is not a good representative example of its architectural style and that he feels that other worthy examples have been omitted from the list within the immediate area surrounding his property. The Peer Review Panel has recommended that the listing be revised from a Category B to a Category C. In the course of the discussion on the day of the Panel session it was also recommended that other properties in Hammond Road be reviewed in detail during the next review of the LGI and Heritage Schedule. 17(A) Walter Street, Claremont John Taylor Architects’ Report The 2014 report titled Review of 16 Places in the Draft Town of Claremont Heritage Inventory was produced by John Taylor Architects. The report was commissioned by the Town in order to gain an independent consideration of the heritage value of properties for which detailed submissions were made during the consultation process of the LGI. The report recommended that 17 Walter Street be retained on the LGI within the Walter Street Heritage Area as a place of ‘some contribution’ and this was supported by the Heritage Officer when the Heritage Schedule was referred to Council on 7 July 2015. The report continues to form the basis of the Planning Department’s recommendation to include the property on the Heritage Schedule and was referenced through the course of the Panel session. The report included the following comments:

17 Walter Street, an Inter-War California Bungalow style residence built c.1940, has aesthetic value in its presentation and provision of homogeneity to the streetscape on the west side of Walter Street. The place is a fair example of the Inter War period of development – it is clearly identifiable. The era and style of residence contributes to the community’s sense of place. In the Town of Claremont Heritage Inventory 2012 (Draft) this place is a component of ‘Walter Street Heritage Area’, comprising residences on both sides of the gently rising street, predominantly of the Federation era, but with some diversity illustrated by a number of later more austere designs fitting comfortably within the streetscape. 17 Walter Street is assessed as making ‘Some Contribution’ to the heritage area. The major value identified is that the streetscape has a high degree of cohesiveness and aesthetic appeal. The Federation era residences, in particular, display picturesque qualities in refinement of timber and decorative detailing and interesting compositions in roof forms and elevations. Of single-storey form, with


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a similar street alignment to the remainder of the places in the Heritage Area, 17 Walter Street is of uncomplicated design style. Conclusion: It is acknowledged that the Statement of Significance for the Heritage Area includes places of both the Federation and the Inter-War period, ‘demonstrating the similarities and differences as the styles intersect’. 17 Walter Street is a fair example of the Inter-War California Bungalow style. Although of a later time period than the majority of the Federation building stock in the defined heritage area, it makes some contribution to the streetscape, having a [stepped] single-storey form. The common residential function, similar street alignment and single-storey form are qualities that contribute to the pattern, character and consistency of the Walter Street Heritage Area. The loss of 17 Walter Street could potentially have considerable impact on the cohesiveness of the Heritage Area. Recommendation: Retain 17 Walter Street in Town of Claremont HI ‘Walter Street Heritage Area’ as making ‘Some Contribution’ but note that discretion may be applied in redevelopment proposals and existing residential character should be respected.

Peer Review Panel Recommendation

Viewed and considered by the Peer Review Panel consisting of Brian Hunt (Chair), Philip Griffiths and John Taylor (expert members) and Philip Edmands (property owner). It is recommended that this property and the duplex pair 17(A andB Walter Street should remain on the Municipal Heritage Inventory and be given a management category of C (lower order) for the following reasons:

• The dwelling is an Inter-War California Bungalow style duplex residence built c. 1940.

• In the Town of Claremont Heritage Inventory 2012 this place is a component of the ‘Walter Street Heritage Area’ comprising residences on both sides of the gently rising street, predominantly of the Federation era, but with some diversity illustrated by a number of later more austere designs fitting comfortably with the streetscape. 17 Walter Street is assessed as making ‘some contribution’ to the heritage area.

• 17 Walter Street is a fair example of the Inter-War Californian Bungalow style and although of a later time period than the majority of the Federation building stock in the defined heritage area, it makes some contribution to the streetscape having a (stepped) single- storey form.

• The heritage experts Philip Griffiths and John Taylor were in agreement that the place made ‘some contribution’ and that place should remain on the Municipal Heritage Inventory and that a Level C Management Category is appropriate, however the Peer Review Panel regarded its heritage value at the lower end of Category C.


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Owner’s Comments Your letter seems to advise of the proposed Area inclusion in the town planning scheme, but as a separate matter seems to indicate that the Heritage Schedule will have to be updated to refer to my property as being located within the Area for heritage listing of my property to be finalised. I have been advised that the latter issue will come up for consideration next year. In any event this submission records my views which I seek be taken into account at the appropriate juncture. I have already written to Council about the issue of listing of my Property by letter dated 19 September 2014. In that letter - which annexed a supporting opinion from Ronald Bodycoat - I argued against any form of listing of the Property. In this letter I wish to reiterate that objection, and make the point that I object to any process that will formalise, or assist in formalising, any such listing. Consequently, to the extent that the proposal referred to in your most recent letter does this, I seek excision of the Property from the Area and that no steps occur in relation to the Property that advances its listing. To the extent that positive steps can be taken to remove the Property from any heritage inventory or proposed heritage inventory I seek that this occur. To support my opposition to any form of heritage listing of the Property I repeat the points made in my earlier submission, and make the following further submissions addressing the Criteria for the Assessment of Local Heritage Places published by State Heritage Office: 1. Is the property significant in exhibiting particular aesthetic characteristics?

No. Ronald Bodycoat's opinion supports the proposition that there is no aesthetic value in the property - which is also evident from the submitted photo and the fact that this is a nondescript 1950's two bedroom duplex. From the front all that can be seen is a door, simple verandah, window and roller garage door - in any event obscured by an added carport. The SHO publication states that:

‘In the case of a heritage area, the individual components will collectively form a streetscape, townscape or cultural environment with significant aesthetic characteristics.’

Here the duplex is actually completely different to the other p roperties in the area. They are typically early Federation style bungalows that are large, on large landholdings and with significant heritage features. The duplex is quite inconsistent with those heritage characteristics.

The SHO Publication goes on to say that a property will generally be excluded if it has only a loose association with creative or artistic excellence or achievement. Here the Property has no such association at all.

2. Is the Property significant in the pattern or evolution of the history of the local district?

No, indeed quite the opposite. As the Ron Bodycoat report identifies this duplex is non-conforming in the area. It is atypical of the history and buildings in the area, and it is neither important stylistically nor as a matter of rarity.


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3. Does the Property have a demonstrable potential to yield information that will contribute to an understanding of the natural or cultural history of the local district?

Clearly no. It is atypical of that cultural history, has nothing to say about the local natural history, and is not a rare example within the locality of Claremont. It is a simple 1950's duplex.

4. Is the Property Significant in demonstrating a high degree of technical innovation or achievement?

Again clearly no. It is of particularly simple and common construction.

5. Is the Property significant through association with a community or cultural group in the Local district for social, cultural, educational or spiritual reasons?

Again clearly no. This criterion would apply say to a significant church and is not relevant here.

6. Does the Property demonstrate rare, uncommon or endangered aspects of the cultural heritage of the local district?

Again clearly no. The property is atypical (non-conforming), it is not rare and it is not distinctive.

7. Is the Property significant in demonstrating the characteristics of a class of cultural places or environments in the local district?

No, it does not demonstrate the characteristics of a class of cultural places or environments in the local district. It is non-conforming and atypical of the properties in its precinct in every way- style, age, features, block size, house scale, house type etc. There are many other 1950's duplexes in Claremont more broadly and this one is neither significant nor rare.

8. Does the Property demonstrates a unified or cohesive physical form in the public realm with an identifiable aesthetic, historic or social theme associated with a particular period or periods of development?

Again self-evidently no. It is out of step with any such theme in its precinct and again, as Ronald Bodycoat has observed, it is neither stylistically exceptional nor important for any aspect of rarity.

So in summary there is absolutely no basis for the heritage listing of the Property or its inclusion in any register or town planning scheme. I would be grateful if these matters could be taken into account at the appropriate point and that the property not be included in, and where already included dropped from, any Nominated Heritage Area, listing, register or town planning scheme. Please refer to Ronald Bodycoat’s attached report on 17A Walter Street, Claremont. Officer comments As outlined in the submission above, the owner’s position was that the place should not be included as a place of significance in the Walter Street Heritage Area. The substantive component of the owner’s argument was that the place was not a good representative example of its architectural style and it made minimal contribution to the heritage area. The Panel’s expert members recommended that the place be retained in the LGI as a lower order ‘C’. As with other lower order Category C


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properties that were identified under this review, processes have now been put into place in Council’s Local Planning Policy 2/2015 Retention of Heritage Places, Heritage Areas and Heritage Precincts (LPP 2/2015) for consideration of substantial alteration and possible removal of the heritage place pending satisfaction of Council’s Policy requirements. It is noted that this property forms part of a duplex pair with a common roof structure and accordingly, the recommended revision to the category listing will impact on the other half of the building. The listing is for the whole of the property being 17 Walter Street. Should Council support the recommendation of the Peer Review Panel to reclassify the property as Category C, this will also impact on the other property owner. As required by deemed provision 8(3) of the LPS Regs, any modification to the heritage listing is to be consulted with the affected owner (17B). The owner has been contacted in accordance with the LPS Regs and has raised concerns that the reclassification may raise the potential for extensions and redevelopment which may affect their side of the duplex and cause inconvenience to tenants. The concerns have been discussed with both owners. The owner of 17A has no plans for demolition or total redevelopment, although this cannot be discounted as a potential result at some future stage or if the property is sold. The property could be developed in accordance with the RDC and Council’s Policies relating to character retention and heritage protection despite the classification of B or C. These Policies would ensure a suitable design outcome to protect the streetscape and ensure the design complements the other half of the duplex. The Strata Titles Act also provides protection for the other owner in terms of ensuring the owners reach a mutual agreement on the development and if not, disagreement can be addressed by the State Administrative Tribunal. It is therefore recommended that 17B Walter Street also be reclassified as Category C, acknowledging its lower order status. 34 Servetus Street, Claremont Peer Review Panel Recommendation Viewed and considered on 12th of February 2016 by the Peer Review Panel consisting of Brian Hunt (Chair), Philip Griffiths and John Taylor (expert members) and Julie and Gerry Barker (property owners). It is recommended that this property should remain on the Municipal Heritage Inventory and be changed from a management category “B” to “C” for the following reasons:

• Constructed in 1919, the place has significance for its character as an Inter War (c.1915-c.1940) Bungalow which substantially retains original Federation period (c.1890-c.1915) style and details.

• The place contributes to the social history of the locality and to the community’s sense of place as an example of a single storied Federation Bungalow.

• The place has some significance as a surviving place demonstrating the initial residential subdivision and development of the locality.


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• 34 Servetus Street has significance as part of a larger cluster of places in the area which illustrate residential development in the locality during the “Consolidation” and “Inter-war” periods.

• Whilst there have been modifications to the building such as a rear addition, replaced fencing, a bitumen paved carpark, replaced roof covering, a concrete verandah floor, painted brickwork and an enclosed section of the verandah, the authenticity of the place is moderate to high.

• The heritage experts Philip Griffiths and John Taylor were in agreement that the place has cultural heritage significance and should remain on the Municipal Heritage Inventory and that a level “C” Management Category is appropriate.

• They consider that while this classification may appear inconsistent in the immediate area, it did represent a consistency across the broader municipality.

• The owners (Julie and Gerry Barker) expressed support for heritage buildings but did not support an MHI listing, as they considered this had adverse commercial consequences.

Owner’s Comments We are writing in response to your letter of 10 November 2014 regarding the Heritage significance of our property. We believe that the inclusion of our property on this list will have negative consequences in terms of market value and market attractiveness and as such, we object to it being on the list. Furthermore, we do not believe we have ever been notified of the significance of its listing – the last we knew was that it was ‘of interest’ (an inclusion we did not mind, due to the mildness of its meaning) but we did not know it had been elevated in its heritage status and we object to this also. There are several other properties in Servetus Street – mainly in the lower part of the street which we believe have far more heritage significance than this property (or at least equal to) and I note that you have no others from the street included (other than 32 and 34), an omission we find strange and for which an explanation would be of interest to us. We personally are happy to retain the look of the home, however should we decide to sell, the inclusion of this property on your Heritage Schedule would be a negative to any prospective buyer and unless the council is willing to offer compensation for this, we believe our property should be excluded. Please consider this email as a formal written response and objection to your proposal as requested in your letter. Officer comments It is noted that the owner’s did not engage a heritage consultant for their Peer Review Panel representation and the substantive part of their argument was that the heritage listing would reduce the value of their property. However, property valuation is not included in the criteria for the assessment of locally significant places set out by the State Heritage Office. Section 6.4 of the State Planning Policy 3.5 Historic Heritage Conservation also makes clear that the main consideration in listing a place as significant is as follows: ‘The inclusion or exclusion of places from a heritage list should be based on their degree of historic heritage significance, supported by the findings in the inventory...’


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34 Servetus Street was listed on the LGI some years prior to 2007 as a place of potential heritage significance. In 2007, a detailed heritage report was completed on the place and it was upgraded from ‘potentially significant’ to ‘significant’. In 2014 following the most recent review of the LGI, and the introduction of management categories within it, it was recommended by the heritage consultants undertaking the review that the place be attributed a Category B status in line with comparable places within the Town. The Panel has revised the listing and the expert members recommended a Category C listing. As with the review of 16 Hammond Road above, the owner has pointed to other properties in the immediate locality which are not listed, and accordingly it is considered appropriate that other properties be considered for inclusion in the LGI and Heritage Schedule in the next review. Category Listing The category listings provide Council and officers with guidance when assessing individual applications against TPS3 provisions (including the new deemed provisions adopted under the LPS Regs) and other relevant Council policies. Local Planning Policy 2/2015 – Retention of Heritage Places, Heritage Areas and Heritage Precincts (LPP 2/2015) provides design guidelines for dealing with applications for development. For Category B & C places the Town is primarily concerned with conservation of the exterior of the property as it presents to the street and of significant interior heritage features. This does not exclude modernisation of kitchen and bathroom facilities or prevent modern extensions. Each development application involving heritage properties is dealt with on its individual merits. However, in general for Category C heritage places (which are of lower heritage significance than Category A and Category B places), there will be greater planning flexibility applied when determining an application. For example less stringent conditions on the reinstatement of original features may allow similar materials to be used instead of ‘like for like’, or the removal of significant heritage fabric not visible from the primary street may be allowed. In exceptional circumstances the Town may allow a substantial alteration of a Category C place. In these cases a development approval may impose conditions which require interpretation of the place or submission of an Archival Record. In some circumstances, such as where an application for development approval for a new building requires removal of an existing heritage building, or where an owner lodges a request for the removal of a heritage listing, the Town may require further heritage assessment of a place to be undertaken at the applicant’s expense. In these circumstances the application may be referred to a Peer Review Panel to assist in determining the proposal affecting a Category C heritage place. Where a Category C listing has been recognised by the Town’s Peer Review Panel as a lower order Category C property, LPP 2/2015 provides specific guidelines and procedures for consideration of removal and delisting of the property. Royal Agricultural Society (RAS) Showgrounds The inclusion of the RAS Showgrounds as a Heritage Area in the Heritage Schedule was deferred at the 7 July 2015 Ordinary Council Meeting pending further legal


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advice. The legal advice indicates that if Council consider the Showgrounds “to be of architectural, historical or townscape value” as outlined in Clause 78(7) of TPS3, then it may enter the Showgrounds on the Heritage Schedule. The RAS objected to both being included in the Town’s LGI and its Heritage Schedule. The RAS maintain that the entry of the Showgrounds is not consistent with Section 45(1) of the Heritage of Western Australia Act 1990. They have previously suggested that the place record should be limited to just buildings with very minimal curtilage, which is inconsistent with the best practice of heritage management. Further, the place record for the Showgrounds outlines the levels of significance associated with the buildings on the site. The social and historical significance of the site within the local community is also an important consideration of the listing. The RAS referred its concerns about the nomination process for including the grounds in the LGI to the Ombudsman of Western Australia. The Ombudsman subsequently investigated the referral and contacted the Town on 16 January 2016 with notification of its decision that no further action was required. In February 2016, the Town met with consultants engaged by the RAS to discuss the proposed concept plan it has created for the potential redevelopment of the site. Discussions with the consultant indicate that the plan recognises the buildings within the site that have a higher level of significance. Given the cultural and social heritage of the Showgrounds, any future development should be subject to a comprehensive assessment of the buildings and the site to determine their levels of significance. This process would help identify buildings and site attributes worthy of retention and assist in the development of a cultural heritage interpretation plan to be recognised and implemented in future development concepts for the site, and also help identify areas for appropriate redevelopment sympathetic to the heritage values of the place. In order to undertake the required assessment, the Town needs to work in cooperation with the RAS. In order to progress this matter and finalise the current review of the Heritage Schedule, there are two options available to Council: a) Include the Heritage Area in the Heritage Schedule with a note requiring

comprehensive assessment of the buildings on site and preparation of an interpretation plan before redevelopment takes place on the site.

b) Invite the RAS to participate in a comprehensive review of the buildings on site to establish those required for long term protection and inclusion in a cultural heritage interpretation plan.

Essentially both options require cooperation of the RAS in order for an assessment team to gain access to the site and undertake the required assessment. Rather than include the listing in the Heritage Schedule at this point, it is considered desirable to engage with the RAS to undertake this assessment and work cooperatively together to prepare interpretation plans to guide future reviews of the redevelopment Concept Plan for the Showgrounds. It is apparent from the complaint lodged with the Ombudsman that RAS is concerned that inclusion of the site in the Heritage Schedule will have significant impact on the Concept Plan for redevelopment of the site. Accordingly, working proactively with the RAS to undertake the comprehensive review of the buildings for inclusion in a cultural heritage interpretation plan within a


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limited time frame (before the end of the 2015/16 financial year) is the recommended option. Deemed Provisions - Planning and Development (Local Planning Schemes) Regulations 2015 In October 2015, the Planning and Development (Local Planning Schemes) Regulations 2015 (LPS Regs) took effect. The LPS Regs include deemed provisions which overwrite the TPS3 provisions and update requirements relative to heritage places and areas. The deemed provisions make specific reference to the interior of a heritage place. Full consideration of the interiors of heritage places will need to be addressed in the next review of the Town’s LGI and Heritage Schedule. In the intervening time, it is recommended that a statement be included as a preface to the Heritage Schedule stating that: ‘all interiors of heritage places are considered significant unless otherwise specified’. This will ensure that a comprehensive assessment of interior spaces can be undertaken at any time should an owner wish to redevelop their property in the intervening period before formal assessment. This modification is a clarification of the extent of the current listings and as a consequence it is not considered necessary to consult with landowners at this time. It is also noted that the LPS Regs renames the “Heritage Schedule” as the “Heritage List”. Accordingly, the new name is to be formally recognised in the following recommendation.

Voting Requirements Simple majority decision of Council required.

OFFICER RECOMMENDATION That Council: 1) Council rename the Heritage Schedule adopted under Clause 78 of Town

Planning Scheme No. 3 on 7 July 2015, as the Heritage List in accordance with Part 3 of the deemed provisions adopted under the Planning and Development (Local planning Schemes) Regulations 2015.

2) Include 16 Hammond Road, 34 Servetus Street and 17 Walter Road Claremont on the Heritage List attached to Town Planning Scheme No. 3 as Category C listed places, acknowledging that 17 Walter has a lower order classification with in the C Category, and advise the owners of these properties of the revised Heritage Listings.

3) Invite the Royal Agricultural Society of Western Australia to participate in a formal assessment of the Showgrounds for detailed inclusion on the Heritage List attached to Town Planning Scheme No. 3 as a Heritage Area and formulation of a cultural heritage interpretation plan for the site. The review is to be completed by the end of June 2016, or this matter is to be referred back to Council for reconsideration of other options on conclusion of this period.

4) Include an introductory statement within the Heritage List stating: ‘All interiors of heritage places are considered significant unless otherwise specified’.

PLANNING AND DEVELOPMENT

HERITAGE SCHEDULE – FURTHER CONSIDERATION

HERITAGE LEGISLATION

15 MARCH 2016

ATTACHMENT 1 - PUBLIC

PAGES 5

Heritage Planning Legislation

Deemed provisions for heritage under Planning and Development (Local Planning Schemes) Regulations 2015 (LPS Regs) Part 3 — Heritage protection

7. Terms used

In this Part —

heritage area means an area designated as a heritage area under clause 9;

heritage list means a heritage list established under clause 8(1);

place has the meaning given in the Heritage of Western Australia Act 1990 section 3(1).

Note: The purpose of this Part is to provide for the identification of places and areas of heritage value so that development in the Scheme can, as far as possible, be consistent with the conservation of heritage values.

8. Heritage list

(1) The local government must establish and maintain a heritage list to identify places within the Scheme area that are of cultural heritage significance and worthy of built heritage conservation.

(2) The heritage list —

(a) must set out a description of each place and the reason for its entry in the heritage list; and

(b) must be available, with the Scheme documents, for public inspection during business hours at the offices of the local government; and

(c) may be published on the website of the local government.

(3) The local government must not enter a place in, or remove a place from, the heritage list or modify the entry of a place in the heritage list unless the local government —

(a) notifies in writing each owner and occupier of the place and provides each of them with a description of the place and the reasons for the proposed entry; and

(b) invites each owner and occupier to make submissions on the proposal within 21 days of the day on which the notice is served or within a longer period specified in the notice; and

(c) carries out any other consultation the local government considers appropriate; and

(d) following any consultation and consideration of the submissions made on the proposal, resolves that the place be entered in the heritage list with or without modification, or that the place be removed from the heritage list.

(4) If the local government enters a place in the heritage list or modifies an entry of a place in the heritage list the local government must give notice of the entry or modification to —

(a) the Heritage Council of Western Australia; and

(b) each owner and occupier of the place.

9. Designation of heritage areas

(1) If, in the opinion of the local government, special planning control is needed to conserve and enhance the cultural heritage significance and character of an area to which this Scheme applies, the local government may, by resolution, designate that area as a heritage area.

(2) If the local government designates an area as a heritage area the local government must adopt for the area a local planning policy that sets out the following —

(a) a map showing the boundaries of the heritage area;

(b) a statement about the heritage significance of the area;

(c) a record of places of heritage significance in the heritage area.

(3) The local government must not designate an area as a heritage area unless the local government —

(a) notifies in writing each owner of land affected by the proposed designation and provides the owner with a copy of the proposed local planning policy for the heritage area; and

(b) advertises the proposed designation by —

(i) publishing a notice of the proposed designation in a newspaper circulating in the Scheme area; and

(ii) erecting a sign giving notice of the proposed designation in a prominent location in the area that would be affected by the designation; and

(iii) publishing a copy of the notice of the proposed designation on the website of the local government;

and

(c) carry out any other consultation the local government considers appropriate.

(4) Notice of a proposed designation under subclause (3)(b) must specify —

(a) the area that is the subject of the proposed designation; and

(b) where the proposed local planning policy for the proposed heritage area may be inspected; and

(c) to whom, in what form and in what period submissions may be made.

(5) The period for making submissions in relation to the designation of an area as a heritage area must not be less than a period of 21 days commencing on the day on which the notice of the proposed designation is published under subclause (3)(b)(i).

(6) After the expiry of the period within which submissions may be made, the local government must —

(a) review the proposed designation in the light of any submissions made; and

(b) resolve —

(i) to adopt the designation without modification; or

(ii) to adopt the designation with modification; or

(iii) not to proceed with the designation.

(7) If the local government designates an area as a heritage area the local government must give notice of the designation to —

(a) the Heritage Council of Western Australia; and

(b) each owner of land affected by the designation.

(8) The local government may modify or revoke a designation of a heritage area.

(9) Subclauses (3) to (7) apply, with any necessary changes, to the amendment to a designation of a heritage area or the revocation of a designation of a heritage area.

10. Heritage agreements

(1) The local government may, in accordance with the Heritage of Western Australia Act 1990 section 29, enter into a heritage agreement with an owner or occupier of land or a building for the purpose of binding the land or affecting the use of the land or building insofar as the interest of that owner or occupier permits.

(2) The local government may not enter into an agreement with the owner or occupier of land or a building that relates to heritage matters other than in accordance with subclause (1).

11. Heritage assessment

(1) Despite any existing assessment on record, the local government may require a heritage assessment to be carried out prior to the approval of any development proposed in a heritage area or in respect of a place entered in the heritage list.

(2) A heritage assessment must be in a form approved by the Heritage Council of Western Australia.

12. Variations to local planning scheme provisions for heritage purposes

(1) The local government may vary any site or development requirement specified in this Scheme to —

(a) facilitate the built heritage conservation of a place entered in the Register of Places under the Heritage of Western Australia Act 1990 or listed in the heritage list; or

(b) enhance or preserve heritage values in a heritage area.

(2) A variation under subclause (1) may be unconditional or subject to any conditions the local government considers appropriate.

(3) If the local government is of the opinion that the variation of site or development requirements is likely to affect any owners or occupiers in the general locality of the place or the heritage area the local government must —

(a) consult the affected parties by following one or more of the provisions for advertising uses under clause 64; and

(b) have regard to any views expressed prior to making its determination to vary the site or development requirements under this clause.

13. Heritage conservation notice

(1) In this clause —

heritage conservation notice means a notice given under subclause (2);

heritage place means a place that is on the heritage list or located in a heritage area;

properly maintained, in relation to a heritage place, means maintained in a way that ensures that there is no actual or imminent loss or deterioration of —

(a) the structural integrity of the heritage place; or

(b) an element of the heritage place that is integral to —

(i) the reason set out in the heritage list for the entry of the place in the heritage list; or

(ii) the heritage significance of the area in which it is located, as set out in a statement in the local planning policy for the area adopted in accordance with clause 9(2).

(2) If the local government forms the view that a heritage place is not being properly maintained the local government may give to a person who is the owner or occupier of the heritage place a written notice requiring the person to carry out specified repairs to the heritage place by a specified time, being a time that is not less than 60 days after the day on which the notice is given.

(3) If a person fails to comply with a heritage conservation notice, the local government may enter the heritage place and carry out the repairs specified in the notice.

(4) The expenses incurred by the local government in carrying out repairs under subclause (3) may be recovered as a debt due from the person to whom the notice was given in a court of competent jurisdiction.

(5) The local government may —

(a) vary a heritage conservation notice to extend the time for carrying out the specified repairs; or

(b) revoke a heritage conservation notice.

(6) A person who is given a heritage conservation notice may apply to the State Administrative Tribunal for a review, in accordance with Part 14 of the Act, of a decision —

(a) to give the notice; or

(b) to require repairs specified in the notice to be carried out; or

(c) to require repairs specified in the notice to be carried out by the time specified in the notice.

Remnant extracts for heritage under Town Planning Scheme No. 3

25. DEVELOPMENT GENERALLY:

(3) No person shall, unless the consent of the Council is obtained, demolish any building, structure or part thereof that is listed in the Schedule referred to under Clause 78 (now LPS Regs deemed provision 8) of Council’s Town Planning Scheme or is listed on Council’s Heritage Survey undertaken in November 1991 and as amended from time to time. Council may refuse to grant planning approval to any application to demolish any building listed in the Schedule referred to under Clause 78 (now LPS Regs deemed provision 8) of Council’s Town Planning Scheme or Council’s Heritage Survey as amended from time to time which has been identified in that survey as a place which has high intrinsic architectural merit, to be an outstanding example of its kind, to be of historical significance or to substantially contribute to the streetscape.

79 PRESERVATION OF HISTORIC AND OTHER BUILDINGS, OBJECTS AND PLACES:

(1) Where any development involves an alteration to, or the destruction, total or partial of a building, object or place which is: (a) entered in the Schedule; (b) included by the Australian Heritage Commission in the Register of

the National Estate; (c) included in the National Heritage Register; the Council before determining that application may give notice thereof to the National Trust of Australia (WA), the Australian Heritage Commission and such other bodies or persons as the Council thinks fit.

(2) In determining an application referred to in sub Clause (1) of this Clause the Council shall have regard to any submissions made to the Council with respect to the preservation of the building, object or place involved in that application.

HERITAGE SCHEDULE – FURTHER CONSIDERATION

RONALD BODYCOAT REPORT

15 MARCH 2016

ATTACHMENT – 2 PUBLIC

PAGES 3


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13.1.2 STIRLING HIGHWAY HOUSING STUDY

File Ref: LND/00089 Attachments – Restricted: Planning for Increased Residential Density along

Stirling Highway Report Draft Local Planning Policy – Stirling Highway –

Draft Design Guidelines Concept plans for “street wall” development of

property in Eastern Highway Precinct Responsible Officer: David Vinicombe

Executive Manager Planning and Development Author: David Vinicombe

Executive Manager Planning and Development Proposed Meeting Date: 15 March 2016 Enabling Legislation: Planning and Development Act 2005 (PDA)

Planning and Development (Local Planning Schemes) Regulations 2015 (LPS Regs) Housing Capacity Study 2013 Residential Design Codes (RDC) Town Planning Scheme No. 3 (TPS3)

Purpose For Council to adopt the draft ‘Planning for Increased Residential Density along Stirling Highway’ study (SH Study) for public consultation as a Local Development Plan to guide the development of a Structure Plan / Activity Centre Plan for the town centre (and adjacent land), a TPS3 scheme amendment, Local Planning Policy and development of land along Stirling Highway. Summary • Council’s Housing Capacity Study (2013) recommended that the Town

prepare a study into increasing residential density along Stirling Highway to address the Town’s long term obligations to meet State Government objectives for urban consolidation, while at the same time protecting the single residential streetscape and heritage characteristics of the Town.

• The Town appointed Planning Context to prepare the SH Study in 2013.

• The SH Study analyses the potential for increased residential density on land adjoining Stirling Highway.

• Four development models have been prepared for Council consideration as a Local Development Plan to guide the preparation of an amendment to TPS3, a Local Planning Policy and associated Structure Plan / Activity Centre Plan.

• The models analysed in the SH Study include Progressive (1530 additional dwellings), Modest (1198-1339 additional dwellings), Conservative (1048-1263 additional dwellings) and Staged (1218-1322 additional dwellings).

• It is recommended that the Staged model be adopted for the purpose of public consultation. This model proposes:


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o R100 for the Eastern Highway Precinct o R-AC0 for the Central Town Centre Precinct o Retention of the current density codings (R30 and R40) and no

changes for the Western Residential Precinct to preserve long term development opportunity into the next century.

• The SH Study contains recommendations for a detailed TPS3 amendment and Local Planning Policy proposals (subject to separate consultation). These proposals are to be finalised following initial public consultation on the SH Study and its final adoption by Council as a Local Development Plan.

• Recommended that Council adopt the Draft ‘Planning for Increased Residential Density along Stirling Highway’ study for public consultation as a Local Development Plan, noting the preference for the “Staged” option plus inclusion of the “designated landmark” site at the north western corner of Stirling Highway and Stirling Road and also the St Louis village site.

Past Resolutions In November 2012, Council adopted the Housing Capacity Study to identify constraints and opportunities relating to the housing targets including Directions 2031 (and beyond) and the Draft Central Metropolitan Perth Sub-Regional Strategy (CMPSS). Ordinary Council Meeting 20 November 2012, Resolution No. 221/12 includes the following pertinent extracts: That Council resolve as follows: 1. To adopt the Draft Housing Capacity Study 2012 for the Town of Claremont for

inclusion in the review of the Town of Claremont’s Local Planning Strategy 2010 – 2025, Clearly Claremont.

2. The Town of Claremont work toward implementing the 12 recommendations contained in the Housing Capacity Study 2012 as follows: 2.7 Council lead in progressing a suitable commercial and residential

zoning and density coding along Stirling Highway to ensure that in drafting a Local Scheme Amendment to reflect Metropolitan Region Scheme Amendment 1210/41, consideration be given to the introduction of a split form of R Coding such as R40/R80 and a strong set of scheme provisions, policies and design guidelines are introduced to control redevelopment and protect local heritage sites and the amenities of lower density surrounding areas.

2.8 Council prepare an Activity Centre Structure Plan for the Claremont Town Centre which includes provisions encouraging additional residential dwellings including mixed use developments and give consideration to the creation of additional opportunities for residential development in walkable catchment of the Town Centre once formally defined.



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Discussion The Stirling Highway Activity Corridor Study The Stirling Highway Activity Corridor Study (SHACS) is an integrated transport and land use planning study being undertaken by the Department of Planning (DoP) at the request of the Western Australian Planning Commission (WAPC) and consists of two inter-related and staged studies: • Phase 1: A preliminary carriageway design for Stirling Highway (MRS

Amendment No. 1210/41 - Rationalisation of Stirling Highway Reservation). • Phase 2: A staged urban design and form based code study to guide built form

and redevelopment opportunities in a sustainable planned manner (yet to be progressed).

MRS Amendment No. 1210/41 - Rationalisation of Stirling Highway Reservation generally shows a reduction of the Primary Regional Road (PRR) reservation to approximately 40 metres in width with the balance of the land proposed to be rezoned as Urban (and Parks and Recreation for a small section between Bay View Terrace and Bernard Street). Officers from the DoP initially indicated that a decision from the Minister for Planning on the proposed amendment is expected around mid-2014 following consideration by the WAPC – this decision is still pending and it is unknown when the MRS amendment will be finalised. When MRS Amendment No. 1210/41 is gazetted, land no longer affected by the PRR reservation will be zoned Urban under the MRS but will remain unzoned under TPS3 until such time as a zone (and density codings) are added by way of a scheme amendment. It is considered appropriate that Council takes the initiative to develop its own set of design guidelines and other planning tools rather than await finalisation of Phase 2 of SHACS. This report has been based on the proposed extent of the Stirling Highway reservation as shown in the MRS Amendment No. 1210/41 plans advertised for public comment, together with the remaining parcels of land which are presently zoned or reserved under TPS3. State Government Direction The State Government has prepared a number of strategies to promote a balance between urban growth on the fringe and consolidation within the existing urban fabric of the metropolitan area. In recent times, the following strategic directions have been prepared, inclusive of Directions 2031(and beyond), Draft Central Metropolitan Perth Sub-Regional Strategy, Directions 2031 (and beyond) - 2014 Report Card and Perth & Peel @ 3.5 Million (draft). The expectation is that local government (Town of Claremont included) will take positive action to support this direction and it is likely that the government will require changes to any proposals where they are not seen to be supporting these growth strategies.

http://www.planning.wa.gov.au/publications/6242.asp




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Directions 2031 (and beyond) Directions 2031 seeks to support a more compact and environmentally sustainable city and recognises that Perth needs to use land and infrastructure in an efficient manner and manage the expansion of urban zone in balance with infill development. Draft Central Metropolitan Perth Sub-Regional Strategy The Draft Central Metropolitan Perth Sub-Regional Strategy (CMPSS) was prepared by the WAPC to provide guidance at a local level for issues that are too complex to resolve in detail in Directions 2031(and beyond), and/or extend beyond local government boundaries. Under this framework, the expected growth for the Town of Claremont includes a projected housing target increase of 2,200 new dwellings by 2031. In the CMPSS, the Stirling Highway Growth Corridor is identified to have a potential for an additional 1400 dwellings with possibly up to 400 of these dwellings in Claremont. The updated housing target for the Town of Claremont is an additional 760 dwellings by 2031 (250 by 2011-16; 180 by 2016-21; 180 by 2021-26; 150 by 2026-31). Directions 2031 – Report Card (2014) The State Government released an annual report card as a snapshot of the progress of state and local government achievements relating to Directions 2031 (and beyond). The 2014 Report Card identifies that the key positive trends in 2013 were:

• An increase in gross urban zone dwelling density across Perth and Peel of 4.5%.

• A continuing decrease in residential lot sizes.

• The stability of overall house affordability.

• An increase in residential densities in all activity areas.

• A significant increase in tourist accommodation (hotel) development within the Perth area.

• The continued adequate supply of zoned undeveloped land in Perth and Peel to cater for future growth for more than 35 years.

Directions 2031 (and beyond) identified an infill dwelling target of 250 dwellings for the 2011-2015 period. The Report Card acknowledges that only two Local Governments are considered to be ahead of their targets, being Claremont and Kwinana, with Claremont having achieved approximately 50% of its target. It has been previously identified that the North East Precinct (NEP) development will achieve a large percentage of Claremont’s infill targets, however as recommended in the Housing Capacity Study, the Town should investigate opportunity for increased density around high frequency transport routes, train stations and activity centres to provide protection to the Town’s heritage housing stock and the attractive tree lined streets of its predominant single residential housing areas.


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Perth & Peel @ 3.5 Million (2015 draft) The draft Perth & Peel @ 3.5 Million proposes that the Town to accommodate 1300 additional dwellings in the Town by 2050. This target appears to include the Directions 2031 Report Card target of 760 dwellings, but is less than the original target of 2200 contained in the Directions 2031 and beyond / CMPSS proposals. Discussions with the DoP when finalising the Housing Strategy for the Town indicated that the base (before Directions 2031 / CMPSS) calculation included 630 dwellings in the NEP. It is envisaged that with increased development yields (22-25%) at the NEP, 1000 dwellings will be accommodated within that development alone (370 dwellings more than the base 630 dwellings). It is therefore estimated that the revised future growth target for the Town of 1300, will consist of:

• 370 in the NEP • 930 elsewhere. Draft ‘Planning for Increased Residential Density along Stirling Highway’ Study The following details are extracted from the consultant report (attached) prepared by Planning Context for the Town in regards to increasing densities along Stirling Highway. Study Area The study area includes land on both sides of Stirling Highway, within the Town of Claremont boundaries generally to a depth of the largest existing lot within each street block and following cadastral boundaries. The only exception is in the town centre where the study area includes the entire street block back to St Quentin Avenue. The study area contains 146 properties and has been separated into three distinct precincts including: 1. Western Residential Precinct (generally land on both sides of the highway west of

Stirling Road typified by uses of a residential nature and two private school campuses, with a noticeable absence of commercial activity).

2. Central Town Centre Precinct (generally land on both sides of the highway between Stirling Road and Mary Street comprising of retail, commercial and civic activity).

3. Eastern Highway Precinct (generally land on both sides of the highway east of Mary Street and is a mix of other commercial-type activity traditionally associated with strip highway development, with some interspersed residential activity apparent).

Methodology

Following review of available background information (for example heritage listings, previous studies, proposed road reservations, height data, land contours, existing development) and identification of the notional study area, an on-site assessment and photography of building stock was undertaken to determine the likelihood and timing of redevelopment in the foreseeable future.


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Assessment criteria included a range of factors including lot and building features, ownership and development, heritage significance, access to a rear lane and train station. These elements were considered as being either likely to encourage or present some challenge to redevelopment in the short to medium term and scores were applied to each category accordingly to determine the potential of land for redevelopment. Based on the assessment scores, analysis maps were prepared to determine potential ‘hot spots’ for likely future development activity. It is noted that the investigations into the development potential of the properties within the study area did not include any liaison or consultation with existing land owners to determine their development intentions or desires for each property. Outcomes

An assessment of each property was undertaken within the study area to determine the likelihood and timing of redevelopment in the foreseeable future using a range of factors considered as either likely to encourage or be more challenging for redevelopment, and scores were applied to each category accordingly. Assessment factors included:

• Corner lot • Vacant lot • Length of frontage • Lot size • Access to rear lane • Number of owners/tenants • Significant business operation • Condition of building stock • Age of building stock • Heritage listing/significance • Significant trees on site • Views/potential views from upper levels • Less than 800 metres to train station • Site slope • Residential dwellings to the south • Institutional or civic use. Some of the more interesting factors of note from the analysis are outlined as follows:

• The SH Study area consists of 146 properties. • There are 56 corner lots within the study area. • There is limited vacant land in the study area, with only four lots currently

undeveloped. • 37 properties have access to a rear laneway; however, most of these are in the

central or eastern section of the study area with a distinct lack of laneway access in the western section.

• Approximately half of the properties are owned by single landowners; however, there are 25 properties that are owned by five or more landowners.


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• Most of the existing development in the study area is of fair to good quality; however, 26 properties are identified as having building stock of poor quality.

• 20 properties are affected by a heritage listing. • Many properties (43) located in the western and central sections of the study

area have the potential to obtain views across the surrounding neighbourhood (some with potential ocean or river views) or across parkland or playing fields, whereas views are highly unlikely within the eastern section of the study area.

• There are 13 sites where more than one tree of significant size and/or species exists.

• All properties (except six) within the study area are within 800 metres of a train station.

• Approximately half of the properties in the study area are characterised by at least a slight change in level from the Stirling Highway road pavement.

• 68 properties, mostly all of which are located on the southern side of the highway, have residential development located to the south.

Density modelling

The suggested density coding contained in the SH Study were developed through a process that worked back from the built form. In other words, the process was place-based rather than simply a numerical exercise. The process consisted of the following steps: 1. Controls for each precinct based on best practice urban design principles. 2. Identification of sites which were most likely to be redeveloped in the

foreseeable future. 3. Building a 3D computer model of the identified sites using the preliminary set

of built form controls as a guide. 4. Refining the 3D building models where there was room for improvement in the

resultant built form. 5. Interrogating the 3D model to determine the extent of residential and

commercial plot ratio floorspace for each identified site and calculating the average plot ratio for each precinct.

6. Dividing the residential plot ratio areas by a typical apartment floorspace to calculate the theoretical dwelling yield.

7. Identifying the R-Coding that best matches the average residential plot ratio for each precinct and then recalculating the dwelling yield based on the plot ratio for those R-Codes.

This approach ensures that there is a good match between the chosen R-Code and an appropriate built form for each precinct. Density Options

The SH Study contains modelling at recommended densities and which was applied only to those properties identified as more likely to be developed in the study area. Four options are presented and analysed for the three precincts as detailed below. It is noted that total yields include an allowance of approximately 400 dwellings for the Amana (Sundowner) site, which has been the subject of a separate amendment to TPS3:


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1. Progressive Western Residential Precinct – R80 Central Town Centre Precinct – R-AC0 Eastern Highway Precinct – R100 Total dwelling yield – 1,130 (plus 400 for Amana) – 1530 2. Modest Western Residential Precinct – R60 Central Town Centre Precinct – R-AC0 Eastern Highway Precinct – R80 Total dwelling yield – 939 (plus 400 for Amana) – 1339

Note – taking into account the reduced incentive to develop, yield may be reduced to 798 (plus 400) - 1198

3. Conservative Western Residential Precinct – R40 Central Town Centre Precinct – R-AC0 Eastern Highway Precinct – R60 Total dwelling yield – 863 (plus 400 for Amana) – 1263


4. Staged (as per progressive for Precincts B and C) Western Residential Precinct – No change (retain R30 and R40) Central Town Centre Precinct – R-AC0 Eastern Highway Precinct – R100 Total dwelling yield – 922 (plus 400 for Amana) – 1322


It is proposed that the R-AC zone (as referred to at times in the SH Study) be classed as R-AC0 which requires preparation of a Structure Plan (or possible Activity Centre Plan) to guide development. The consultants recommend the Progressive model as the most desirable and viable option for the following reasons:

• It provides sufficient incentive, flexibility and viability for landowners to initiate development.

• It is more likely to result in higher quality development. • Lower densities may pose risk of seeing less redevelopment occur, or seeing

interim development in a form that may be of lower quality. • It more than satisfies the State Government’s housing target well into the future. To support the recommendation for the Progressive model, the SH Study includes a detailed assessment of TPS provisions and makes specific recommendations for a scheme amendment and Local Planning Policy Design Guidelines. These proposals are detailed in the SH Study and Draft Design Guidelines (attached). In summary, the requirements outline expectations on land-use and density, plot ratio, access, parking, overshadowing, heights and setbacks, building amenity, fencing, services, heritage, and provide details for proposed scheme amendments to address these matters. In addition, Design Guidelines are recommended to address a number of these issues,


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plus street interface, building form, landscaping and public art and precinct specific objectives and requirements. Should Council support the Progressive model, the TPS3 amendment and policy proposals would support development of a “street wall” along both sides of the highway with development up to four storeys high, or six storeys for key “designated landmark” corner sites, with an additional two storeys setback 3m from the “street wall” (eight storeys), except in the Town Centre where Structure Plan / Activity Centre Plan requirements will be developed to support specific Town Centre development opportunities; or where development overshadows adjacent residential property or where development on the northern side of the highway overshadows the footpath on the southern side of the highway. Height is also proposed to be restricted to three storey “street walls” (with 3m setback additional two storeys) where development fronts commercial side streets or two storey “street walls” (with 3m setback to an additional one storey) to residential side streets. Development will also be limited to two storeys where a site abuts a residential property not located in the study area. “Designated landmark” sites are defined as large prominent corner sites including Amana (Sundowner) on the corner Airlie Street as an entry point to the Town from the south; the north western corner of Stirling Highway and Stirling Road as a western entry to the town centre; Bayview Centre on the corner of Leura Avenue as the eastern entry to the town centre; and north western corner of Loch Street as the eastern entry point to the Town. It is noted that the Sundowner site has since been rezoned under TPS3 and requires no further amendment at this point. Commercial development is proposed to be limited to ground floor corner locations in the Western Residential Precinct to service the precinct, however in order to acknowledge the pre-existing commercial nature of the Central Town Centre and Eastern Commercial precincts, ground floor (and above) commercial development will be required to be maintained with special considerations to accommodate mixed use development. Preliminary concept plans have been example for a mixed use development in the Eastern Commercial Precinct (see Attachment – Restricted). This (annotated) concept takes into account many of the design concepts proposed by the SH Study and the draft Design Guidelines and illustrates how the “street wall” development may be accommodated within the existing PRR reserve, and how the impact on residential property to the south may be ameliorated within the current “Highway” zone development requirements on height (max. 12m) etc. Assessment of Options

The SH Study commenced in 2013 following Council’s adoption of the Housing Capacity Study. Council has been briefed by the consultants Charles Johnston from Planning Context, Malcolm Mackay from Mackay Urban Design and administration staff on the development of the SH Study on three occasions, being 18 November 2013, 11 August 2014 and 31 August 2015. The SH Study has been reviewed on a number of occasions by the consultants following comment and review by the Town’s planning staff. The attached version of the SH Study dated December 2013 has been on hold for two primary reasons: 1. Awaiting the outcome of MRS Amendment No. 1210/41 - Rationalisation of

Stirling Highway Reservation in order to determine the precise land




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dimensions for an amendment to TPS3 on the resultant MRS Urban and Parks and Recreation reservation to be applied for sites along the highway.

2. Assessment and consideration of detailed scheme and policy requirements based on the Progressive model.

The DoP and WAPC have given no recent indication when the MRS amendment will be finalised. Accordingly, if an amendment document is progressed at this point in time, it may require significant modification following gazettal of the MRS amendment. Given that the Planning and Development (Local Planning Schemes) Regulations 2015 (LPS Regs) provide for studies of this nature to be adopted as a Local Development Plan, and also as the SH Study is considered to be one of the most important strategic planning documents to be considered by the Town to respond to State Government objectives whilst at the same time protecting the Town’s single residential streetscapes and heritage characteristics, it is important that the Council sets clear direction on which model to implement before finalising the scheme amendment and policy proposals. While the SH Study contains highly developed proposals for a scheme amendment and Local Planning Policy relative to the Progressive model, they would require significant review and modification should Council resolve (following consultation and consideration of public submissions) to opt for the Modest, Conservative or Staged model. Accordingly, this Council report is to consider the preferred model for public consultation of the SH Study as a Local Development Plan prior to progressing with detailed TPS3 amendment, Structure Plan / Activity Centre Plan and Local Planning Policy proposals (all subject to further public consultation procedures). As indicated above, the SH Study presents a number of models in regards to the density scenarios including Progressive, Modest, Conservative and Staged. The SH Study assesses the advantages and disadvantages of each model as follows:

Model Advantages Disadvantages Progressive • Likely to generate

landowner / developer interest In redevelopment

• Quick population and rate base growth

• Good town centre catchment

• Strong prospect for WAPC support

• Community concern over building scale, parking, traffic and the like

Modest • Less likely to generate development interest in Western Residential Precinct

• Modest population and rates base growth

• An advance on present town centre catchment

• Still likely to gain WAPC



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support Conservative • Less community concern

about building scale, parking, traffic and the like

• Still some community concern over building scale, parking, traffic and the like

• Scale of development too low to stimulate redevelopment

• Unlikely to generate landowner/developer interest In redevelopment

• Limited additional catchment for the town centre

• Unlikely to gain WAPC support

Staged • Likely to generate landowner / developer interest In redevelopment in the Central Town Centre and Eastern Highway Precincts

• Reasonably quick population and rate base growth

• Good town centre catchment

• Good prospect for WAPC support

• Fewer community concerns in the more sensitive Western Residential Precinct

• Development focused on areas with mixed use


• Possible risk that WAPC might not agree to ‘staging’ approach

• Interim development in the Western Residential Precinct may preclude future redevelopment

It is noted that whichever option is adopted, modifications to TPS3, Council policy and preparation of Structure Plan / Activity Centre Plan will provide guidance on future development requirements to address potential community concerns over building bulk etc. It is also acknowledged that traffic volumes are likely to increase (moderated to a degree by the close availability of improved public transport), however it is likely to do so regardless of the model Council or the WAPC promotes. As indicated above, the North East Precinct, Stirling Highway and the Transit Orientated Development (TOD) areas surrounding Loch Street and (possibly) Swanbourne Stations are expected to more than accommodate the required housing growth to 2050 - and well beyond; thereby safeguarding the streetscapes and single residential heritage housing stock of the Town well into the next century. Since the State Government has applied pressure on local government through various strategic planning directions to facilitate increased development within established urban land, and set growth targets, most metropolitan Councils have commenced the preparation of plans to increase residential densities and provide for


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redevelopment of existing urban areas. Concern is however acknowledged that the growing opportunity for redevelopment being provided by these plans may well outstrip the current lower growth demands resulting from the economic downturn and decline in the mining sector which drove the initial growth demand. This is likely to result in the market being selective over the location of appropriate development sites and accordingly the better served and most economically viable sites are likely to have the best chance of being developed. In selecting the most appropriate model for the Town, care needs to be applied to ensure that development of the sites identified in each precinct are viable and that land availability does not outstrip the demand. If such was to occur, the likelihood is that sporadic development along the highway could result with properties in between not being developed and falling into a state of decline and disrepair. The potential for such blight would reduce the overall amenity of the Town and should be avoided. In consideration of the above matters, the two preferred models are the Progressive and Staged models, both of which provide appropriate incentives for development. It is however recommended that the Council endorse the Staged model which focuses on increasing the density in the Central Town Centre and Eastern Highway Precincts, while retaining the Western Precinct in its current form for future consideration. This option provides for the future proofing of population growth into the next century, while at the same time ensuring that an oversupply of developable land in the foreseeable future does not occur to the detriment of local amenity. A minor variation to this recommendation is the inclusion of the “designated landmark” site at the north western corner of Stirling Highway and Stirling Road and also the St Louis Village site, which is subject to master planning to accommodate long term redevelopment. It is considered that the Staged option will generate landowner/developer interest in redevelopment in the town centre and the east end of Claremont with a focus on mixed-use development to compliment the town centre. It is likely that the proposed scale of development may be more acceptable to the community in the Central Town Centre and Eastern Highway Precinct compared to the Western Residential Precinct as there is already a mix of uses and built forms. Financial and Staff Implications The proposal will provide a strategic direction for Council to consider development of apartments on land abutting Stirling Highway. While the detailed amendment and associated Local Development Plan, Activity Centre Plan / Structure Plan and Local Planning Policies together with consideration of development applications which may result will require considerable staff resourcing, development applications will ultimately be determined by the Metropolitan West Joint Development Assessment Panel on recommendation from Council. Once land has been developed, the final yield will assist Council’s rates revenue and the development of community facilities for the betterment of all residents in the Town and the surrounding localities. Policy and Statutory Implications It is appropriate that the SH Study be adopted as a Local Development Plan in order to guide the development of a Structure Plan / Activity Centre Plan for land located in


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and adjacent to the town centre and to form the basis for an amendment to TPS3 and associated Local Planning Policies, together with providing guidance for interim development approvals for land impacted by the PRR reservation under the MRS. Parts 4, 5 and 6 of Schedule 2 in the new Planning and Development (Local Planning Schemes) Regulations 2015 (LPS Regs) identifies procedures for the preparation and adoption of Structure Plans, Activity Centre Plans and Local Development Plans. Activity Centre Plans are also required to be developed in accordance with State Planning Policy 4.2 – Activity Centres for Perth and Peel (SPP4.2). Part 6 of the RDC sets out the Design Element requirements for Multiple Dwellings in areas coded R40 or greater, within mixed use developments and activity centres. Table 4 of the RDC includes general development standards (plot ratio, minimum open space, setbacks and height requirements), however the R-AC0 coding requires the preparation of a Structure Plan or Local Development Plan to stipulate the general development standards. It is noted that the former requirements for the preparation of a Structure Plan for and Activity Centre under the RDC and SPP4.2 does not align with the new requirements for an Activity Centre Plan under new LPS Regs. It is understood that this anomaly is currently being addressed by the DoP and the precise process required to implement the R-AC0 development requirements will need to be determined following final adoption of the SH Study as a Local Development Plan and progression towards amending TPS3. The Town is able to amend its current Town Planning Scheme under section 75 of the Planning and Development Act 2005. Scheme amendments are required to be undertaken in accordance with the LPS Regs. The LPS Regs replace the previous Town Planning Regulations 1967. The LPS Regs came into effect on 19 October 2015, and all procedural requirements are required to be in accordance with the new LPS Regs. A Local Planning Policy must be adopted in accordance with Part 2 of Schedule 2 of the LPS Regs, which includes provisions that override Council’s previous requirements under TPS3 cl.82. Consultation /Communication The LPS Regs require the following advertising periods to apply to the various statutory processes involved with this proposal:

• Local Development Plan – not less than 14 days (recommend 28 days due to the significance of the proposal).

• Activity Centre Plan – not less than 14 days and no more than 28 days. • Structure Plan - not less than 14 days and no more than 28 days. • Scheme amendment – an amendment of this nature would be classed as

‘complex’ (out of a 3-tier system which includes ‘basic’, ‘standard’ and ‘complex’) and requires a consultation period of no less than 60 days.

• Local Planning Policy - minimum period of 21 days.


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On conclusion of advertising, Council will be able to consider submissions and determine the final Local Development Plan to inform the development of scheme amendment documentation and an Activity Centre/Structure Plan and a Local Planning Policy to implement the proposals contained in the local Development Plan. Urgency Strategy 1.5.3 of the Town of Claremont Corporate Business Plan 2015-2019 requires the Town to undertake the Local Planning Strategy Review / Stirling Highway Study / Loch Street Station Study / Housing Capacity Study by the end of 2015/16. Preparation of the SH Study was recommended by the Housing Capacity Study which was adopted by Council on 20 November 2012. Progression of the SH Study will inform the review of the Local Planning Strategy. The SH Study is closely aligned to the MRS Amendment No. 1210/41 relating to Stirling Highway. When this occurs, Council is required to apply specific zonings and development requirements to the land zoned Urban under the MRS. Advice from the DoP indicates that whilst Council may initiate an amendment to TPS3 to reflect proposals contained in the Stirling Highway Study, Council cannot technically finalise the amendment until such time as MRS amendment is gazetted. Accordingly, although it appears that there is no imminent urgency to initiate the scheme amendment, this is desirable pending final review of the scheme provisions following adoption of the SH Study as a Local Development Plan. Voting Requirements Simple majority decision of Council required. OFFICER RECOMMENDATION THAT Council: a) Pursuant to Part 6 of the Planning and Development (Local Planning

Schemes) Regulations 2015, adopt the draft ‘Planning for Increased Residential Density along Stirling Highway’ study for public consultation as a proposed Local Development Plan including endorsement of the Staged Model as the preferred option plus the identified “designated landmark” site at the north western corner of Stirling Highway and Stirling Road and the St Louis Village site to guide future residential development along Stirling Highway.

b) Advertise the draft ‘Planning for Increased Residential Density along Stirling Highway’ study for a period of 28 days.

c) Require a further report being prepared for Council consideration following completion of the consultation period.


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13.2 CORPORATE AND GOVERNANCE

13.2.1 MONTHLY STATEMENT OF FINANCIAL ACTIVITY FOR THE PERIOD ENDING 31 JANUARY 2016

File Ref: FIM/0062-02 Attachments: Statement of Financial Activity for period ending

31 January 2016 Infrastructure Assets – 2015-16 Schedule of Works

Responsible Officer: Les Crichton Executive Manager Corporate and Governance

Author: Hitesh Hans Finance Manager

Proposed Meeting Date: 15 March 2016

Purpose For Council to note the Statement of Financial Activity for the month ending 31 January 2016.

Background The Monthly Financial Report is presented in accordance with the Local Government Act 1995 and Local Government (Financial Management) Regulations 1996.

Discussion The Financial Statements to 31 January 2016 represents seven months of operation within the 2015-16 financial year. Reporting is provided against the revised 2015-16 budget following completion of the mid-year budget review adopted by Council on 16 February 2016.

Operating revenue - $157,866 above budget

• Fees & Charges - $98,051 above budget due to increased fines and penalties revenue ($48K) and aquatic centre admission and hire fees ($43K).

• Interest Earning - $70,377 above budget due timing and higher interest income derived by better cash management and increased cash holdings.

Operating expenditure - $669,307 below budget

• Materials and Contracts - $537,972 due to timing differences across all business units with the more significant variances within; o Infrastructure - $258K (various maintenance works (roads, drainage

and footpath), street sweeping, plant operations and administration services)

o Administration & Governance - $40K (Office expenses, materials and contracts)

o Planning and Heritage services - $18K


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o Ranger’s services – $36K o Waste Management - $118K o Claremont Now - $34K.

• Employee Costs - $103,951 under budget due to timing of staff salaries and superannuation.

• Utilities Charges - $17,824 due to timing variance. Capital expenditure – $112,964 under budget As detailed within the capital works schedules, the capital expenditure comprises;

• ($63,358) over budget in infrastructure works. Attachment 2 provides further detail on the projects and variance explanation.

• $115,335 under budget on land, building, plant and equipment capital expenditure due to timing. Note 10 of Attachment 1 provides a breakdown of these items.

• $60,717 under budget on transfers to reserves due to timing of interest income on reserve investment.

Capital income - $169,440 under budget

• $169,440 of variance is as a result of transfer from restricted asset not yet processed.

Summary The closing surplus of $8,275,786 is comparing favourably against the budgeted surplus of $7,498,942. While the total variance is large ($776,842), it is comprised primarily of timing differences which will be addressed as projects and programs are completed during the second half of the year. No further adjustments to those recognised during the mid-year review have been identified.

Past Resolutions Ordinary Council Meeting 16 February 2016, Resolution 21/16:

That Council note the Financial Statement of Activity for the period 1 July 2015 to 31 December 2015.

Financial and Staff Implications Resource requirements are in accordance with existing budgetary allocation.

Policy and Statutory Implications Local Government Act 1995. Local Government (Financial Management) Regulations 1996.

Publicity N/A


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Strategic Community Plan Governance and Leadership We are an open and accountable local government that encourages community involvement and strives to keep its community well informed.

• Provide and maintain a high standard of governance, accountability, management and strategic planning.

• Maintain long term financial stability and growth.

Urgency N/A


Officer’s Recommendation That Council notes the Financial Statement of Activity for the period 1 July 2015 to 31 January 2016.

CORPORATE

MONTHLY STATEMENT OF FINANCIAL ACTIVITY

STATEMENT OF FINANCIAL ACTIVITY

15 MARCH 2016

ATTACHMENT 1

1

Town of Claremont

MONTHLY FINANCIAL REPORT

For the Period Ended 31 January 2016

TABLE OF CONTENTS

Reimbursements are under projections.

Statement of Financial Activity

Note 1 Significant Accounting Policies

Note 2 Graphical Representation

Note 3 Net Current Funding Position

Note 4 Cash and Investments

Note 5 Major Variances

Note 6 Budget Amendments

Note 7 Receivables

Note 8 Grants and Contributions

Note 9 Cash Backed Reserves

Note 10 Capital Disposals and Acquisitions

Note 11 Trust

LOCAL GOVERNMENT ACT 1995LOCAL GOVERNMENT (FINANCIAL MANAGEMENT) REGULATIONS 1996

2

1. SIGNIFICANT ACCOUNTING POLICIES

The significant accounting policies which have been adopted in the preparation of this statement offinancial activity are:

(a) Basis of AccountingThis Statement is a special purpose financial report, prepared in accordance with applicable AustralianAustralian Accounting Standards, other mandatory professional reporting requirements and the LocalGovernment Act 1995 (as amended) and accompanying regulations (as amended).

(b) All Funds through which the Council controls resources to carry on its functions have been included in thisReimbursements are under projections.

In the process of reporting on the local government as a single unit, all transactions and balancesbetween those funds (for example, loans and transfers between Funds) have been eliminated.

All monies held in the Trust Fund are excluded from the statement, but a separate statement of thosemonies appears at Note 11.

(c) Rounding Off FiguresAll figures shown in this statement are rounded to the nearest dollar.

(d) Rates, grants, donations and other contributions are recognised as revenues when the local government obtains control over the assets comprising the contributions. Control over assets acquired from rates is obtained at the commencement of the rating period or, where earlier, upon receipt of the rates.

(e) Goods and Services TaxIn accordance with recommended practice, revenues, expenses and assets capitalised are stated netof any GST recoverable. Receivables and payables are stated inclusive of applicable GST.

(f) Cash and Cash EquivalentsCash and cash equivalents comprise cash at bank and in hand and short-term deposits that are readilyconvertible to known amounts of cash and which are subject to an insignificant risk of changes in value.

For the purposes of the Cash Flow Statement, cash and cash equivalents consist of cash and cash equivalents as defined above, net of outstanding bank overdrafts. Bank overdrafts are included asshort-term borrowings in current liabilities.

(g) Trade and Other ReceivablesTrade receivables, which generally have 30 - 90 day terms, are recognised initially at fair value andsubsequently measured at amortised cost using the effective interest rate method, less any allowance foruncollectible amounts.

Collectability of trade receivables is reviewed on an ongoing basis. Debts that are known to be uncollectibleare written off when identified. An allowance for doubtful debts is raised when there is objective evidencethat they will not be collectible.

(h) InventoriesGeneralInventories are valued at the lower of cost and net realisable value. Net realisable value is the estimatedselling price in the ordinary course of business less the estimated costs of completion and the estimatedcosts of necessary to make the sale.

Inventories held from trading are classified as current even if not expected to be realised in the next 12 months.

Land Held for ResaleCost includes the cost of acquisition, development and interest incurred on the financing of that land duringits development. Interest and holding charges incurred after development is complete are recognised asexpenses.

Revenue arising from the sale of property is recognised in the operating statement as at the time of signing a binding contract of sale.

Land held for resale is classified as current except where it is held as non-current based on Council'sintentions to release for sale.

Town of ClaremontNOTES TO THE STATEMENT OF FINANCIAL ACTIVITY


3

1. SIGNIFICANT ACCOUNTING POLICIES (Continued)

(I) Fixed AssetsAll assets are initially recognised at cost. Cost is determined as the fair value of the assets given asconsideration plus costs incidental to the acquisition. For assets acquired at no cost or for nominalconsideration, cost is determined as fair value at the date of acquisition. The cost of non-current assetsconstructed by the local government includes the cost of all materials used in the construction, directlabour on the project and an appropriate proportion of variable and fixed overhead.

Certain asset classes may be revalued on a regular basis such that the carrying values are not materiallydifferent from fair value. Assets carried at fair value are to be revalued with sufficient regularity to ensurethe carrying amount does not differ materially from that determined using fair value at reporting date.

(j) Depreciation of Non-Current AssetsAll non-current assets having a limited useful life are systematically depreciated over their usefullives in a manner which reflects the consumption of the future economic benefits embodied inthose assets.

Depreciation is recognised on a straight-line basis, using rates which are reviewed each reportingperiod. Major depreciation rates and periods are:

Buildings 2%Furniture and Equipment 14.3-30%Plant and Equipment 10-30%Motor Vehicles 20-30%

Roads - Aggregate 50 yearsRoads - Unsealed - Gravel 50 yearsDrains and Sewers 50 years

(k) Trade and Other PayablesTrade and other payables are carried at amortised cost. They represent liabilities for goods and servicesprovided to the local government prior to the end of the financial year that are unpaid and arise when theShire becomes obliged to make future payments in respect of the purchase of these goods andservices. The amounts are unsecured and are usually paid within 30 days of recognition.

(l) Employee BenefitsThe provisions for employee benefits relates to amounts expected to be paid for long service leave, annual leave, wages and salaries and are calculated as follows:

(i) Wages, Salaries, Annual Leave and Long Service Leave (Short-term Benefits)The provision for employees’ benefits to wages, salaries, annual leave and long service leave expected tobe settled within 12 months represents the amount the Shire has a present obligation to pay resulting from employees services provided to balance date. The provision has been calculated at nominal amounts based on remuneration rates the Shire expects to pay and includes related on-costs.

(ii) Annual Leave and Long Service Leave (Long-term Benefits)The liability for long service leave is recognised in the provision for employee benefits and measured as the present value of expected future payments to be made in respect of services provided by employees up to the reporting date using the project unit credit method. Consideration is given to expected future wage and salary levels, experience of employee departures and periods of service. Expected future paymentsare discounted using market yields at the reporting date on national government bonds with terms to maturity and currency that match as closely as possible, the estimated future cash outflows. Where theShire does not have the unconditional right to defer settlement beyond 12 months, the liability is recognised as a current liability.

(m) Interest-bearing Loans and BorrowingsAll loans and borrowings are initially recognised at the fair value of the consideration received lessdirectly attributable transaction costs.

After initial recognition, interest-bearing loans and borrowings are subsequently measured at amortisedcost using the effective interest method. Fees paid on the establishment of loan facilities that areyield related are included as part of the carrying amount of the loans and borrowings.

Borrowings are classified as current liabilities unless the Council has an unconditional right to defersettlement of the liability for at least 12 months after the balance sheet date.

Town of Claremont

For the Period Ended 31 January 2016NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

4


Borrowing CostsBorrowing costs are recognised as an expense when incurred except where they are directly attributableto the acquisition, construction or production of a qualifying asset. Where this is the case, they arecapitalised as part of the cost of the particular asset.

(n) ProvisionsProvisions are recognised when: The council has a present legal or constructive obligation as a result ofpast events; it is more likely than not that an outflow of resources will be required to settle the obligation;and the amount has been reliably estimated. Provisions are not recognised for future operating losses.

Where there are a number of similar obligations, the likelihood that an outflow will be required in settlementis determined by considering the class of obligations as a whole. A provision is recognised even if the likelihood of an outflow with respect to any one of item included in the same class of obligations may besmall.

(o) Current and Non-Current ClassificationIn the determination of whether an asset or liability is current or non-current, consideration is given to thetime when each asset or liability is expected to be settled. The asset or liability is classified as currentif it is expected to be settled within the next 12 months, being the Council's operational cycle. In thecase of liabilities where Council does not have the unconditional right to defer settlement beyond 12 months,such as vested long service leave, the liability is classified as current even if not expected to be settledwithin the next 12 months. Inventories held for trading are classified as current even if not expected to berealised in the next 12 months except for land held for resale where it is held as non current based onCouncil's intentions to release for sale.

(p) Nature or Type Classifications

RatesAll rates levied under the Local Government Act 1995. Includes general, differential, specific arearates, minimum rates, interim rates, back rates, ex-gratia rates, less discounts offered. Exclude administration fees, interest on instalments, interest on arrears, service charges and sewerage rates.

Operating Grants, Subsidies and ContributionsRefer to all amounts received as grants, subsidies and contributions that are not non-operating grants.

Non-Operating Grants, Subsidies and ContributionsAmounts received specifically for the acquisition, construction of new or the upgrading of non-current assets paid to a local government, irrespective of whether these amounts are received as capital grants, subsidies, contributions or donations.

Profit on Asset DisposalProfit on the disposal of assets including gains on the disposal of long term investments.Losses are disclosed under the expenditure classifications.

Fees and ChargesRevenues (other than service charges) from the use of facilities and charges made for local government services, sewerage rates, rentals, hire charges, fee for service, photocopying charges, licences, sale of goods or information, fines, penalties and administration fees. Local governments may wish to disclose more detail such as rubbish collection fees, rental of property, fines and penalties, other fees and charges.

Service ChargesService charges imposed under Division 6 of Part 6 of the Local Government Act 1995. Regulation 54 of the Local Government (Financial Management) Regulations 1996 identifies these are televisionand radio broadcasting, underground electricity and neighbourhood surveillance services. Exclude rubbish removal charges. Interest and other items of a similar nature received from bank and investment accounts, interest on rate instalments, interest on rate arrears and interest on debtors.

Interest EarningsInterest and other items of a similar nature received from bank and investment accounts, interest on rate instalments, interest on rate arrears and interest on debtors.

Other Revenue / IncomeOther revenue, which can not be classified under the above headings, includes dividends, discounts, rebates etc.



5


Employee CostsAll costs associate with the employment of person such as salaries, wages, allowances, benefits such as vehicle and housing, superannuation, employment expenses, removal expenses, relocation expenses, worker's compensation insurance, training costs, conferences, safety expenses, medical examinations, fringe benefit tax, etc.

Materials and ContractsAll expenditures on materials, supplies and contracts not classified under other headings. These include supply of goods and materials, legal expenses, consultancy, maintenance agreements, communication expenses, advertising expenses, membership, periodicals, publications, hire expenses, rental, leases, postage and freight etc. Local governments may wish to disclose more detail such as contract services, consultancy, information technology, rental or lease expenditures.

Utilities (Gas, Electricity, Water, etc.)Expenditures made to the respective agencies for the provision of power, gas or water. Exclude expenditures incurred for the reinstatement of roadwork on behalf of these agencies.

(q) Nature or Type Classifications (Continued)

InsuranceAll insurance other than worker's compensation and health benefit insurance included as a cost of employment.

Loss on asset disposalLoss on the disposal of fixed assets.

Depreciation on non-current assetsDepreciation expense raised on all classes of assets.

Interest expensesInterest and other costs of finance paid, including costs of finance for loan debentures, overdraft accommodation and refinancing expenses.

Other expenditureStatutory fees, taxes, provision for bad debts, member's fees or levies including WA Fire Brigade Levy and State taxes. Donations and subsidies made to community groups.

(r) Statement of ObjectivesIn order to discharge its responsibilities to the community, the Council has developed a set ofoperational and financial objectives. These objectives have been established both on an overallbasis and for each of its broad activities/programs.

Council operations as disclosed in this statement encompass the following service orientatedactivities/programs:

GOVERNANCEDetails expenses related to Councils ten councillors, who normally meet the first and third Tuesday of eachmonth, make policy decisions, review Councils operations, plan for current and future service provisionrequirements and undertake necessary appropriate training and attend conferences.

GENERAL PURPOSE FUNDINGRates - the amount raised is determined by Councils budget "shortfall" that is known income anddesired expenditure.

General purpose grants - are the grant amounts paid to the Town from Federal Government funding asdetermined by and via the Western Australian Local Government Grants Commission.

Interest - interest earned on monies invested or deposited by Council.

LAW, ORDER, PUBLIC SAFETYSupervision of animal control, dog pound operations, local law control and state emergency services (SES).

HEALTHPublic places health and safety, food safety and health compliance.



6


(r) STATEMENT OF OBJECTIVE (Continued)

EDUCATION AND WELFAREPre-schools, aged and disabled , senior citizens, welfare administration, donations to welfare organisations.

COMMUNITY AMENITIESRubbish collections, recycling, litter control, public litter bins, town planning control/studies.

RECREATION AND CULTUREPublic halls, civic centres, swimming pool, golf course, parks, sports grounds, sports groups, community recreationprograms, library, community arts program, youth activities, heritage and museum.

TRANSPORTRoads, footpaths, cycleways, right of way, drainage, road verges, median strips, street lighting, street cleaning,street trees, traffic surveys, parking services, traffic management and underground power.

ECONOMIC SERVICESBuilding services, strategic planning and activities involving the Royal Agricultural Society and Anzac Cottage.

OTHER PROPERTY & SERVICESPublic works overheads, plant/vehicle operations, private works and other property.



7



Note 2 - Graphical Representation - Source Statement of Financial Activity

For the Period Ended 31 August 2012

Comments/Notes - Operating Expenses

Comments/Notes - Operating RevenuesThe operating revenue does not include income from rates.

0

500

1000

1500

2000

2500

3000

3500

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Amou

nt $

( '0

00s)

Month ending

Budget Operating Expenses -v- YTD Actual

Budget 2015-16 Actual 2015-16

0

200

400

600

800

1000

1200

1400

1600

1800


Amou

nt $

( '0

00s)

Budget Operating Revenues -v- Actual


8



Note 2 - Graphical Representation - Source Statement of Financial Activity

Comments/Notes - Capital Expenses

Comments/Notes - Capital Revenues

0

1000

2000

3000

4000

5000

6000

7000

8000

9000


Amou

nt $

( '0

00s)

Month ending

Budget Capital Revenue -v- Actual


0

1000

2000

3000

4000

5000

6000

7000

8000

9000


Amou

nt $

( '0

00s)

Month ending

Budget Capital Expenses -v- Actual

Budget 2015-16

Actual 2015-16

9

Note 3: NET CURRENT FUNDING POSITION

For the Period Ended 31 January 2016 Note This Period Last Period $ $

Current AssetsCash Unrestricted 8,156,421 3,688,203Cash Restricted 193,961 24,520Investments 11,893,986 13,752,277Receivables - Rates and Rubbish 2,078,806 147,481Receivables - Other 237,994 245,006Inventories 0 129,667

22,561,167 17,987,154

Less: Current LiabilitiesPayables (1,133,368) (1,124,410)Current Loan Liability (65,285) (7,629,136)Provisions (1,064,066) (992,370)

(2,262,719) (9,745,915)Less: Restricted AssetsCash Restricted (12,087,947) (13,776,797)Inventories 0 (129,667)

Plus: Loan Liability 65,285 7,629,136

8,275,786 1,963,910

2015-16



Positive=Surplus (Negative=Deficit)

0

2

4

6

8

10

12

14

16


Mill

ion

s

Note 3 - Liquidity Over the Year 2013-14 2014-15

2015-16

10

Note 4: CASH AND INVESTMENTS

Deposit Interest Municipal Reserves Trust Total Institution MaturityNo. Rate $ $ $ Amount $ Date

(a) Cash Deposits 2.35% 700,290 700,290 NAB At Call

(b) Term Deposits274 2.94% 498,506 498,506 NAB 17/03/2016275 2.95% 73,782 73,782 NAB 22/06/2016276 2.95% 11,801 11,801 NAB 22/06/2016277 2.95% 38,601 38,601 NAB 22/06/2016278 2.95% 207,325 207,325 NAB 22/06/2016279 2.95% 21,767 21,767 NAB 22/06/2016284 2.90% 1,165,860 1,165,860 NAB 1/06/2016285 2.90% 193,961 193,961 NAB 1/06/2016299 3.00% 2,000,000 2,000,000 Bankwest 18/04/2016287 2.90% 2,000,000 2,000,000 NAB 28/04/2016290 2.90% 2,000,000 2,000,000 Suncorp 15/02/2016291 3.00% 1,028,191 1,028,191 NAB 30/03/2016292 2.84% 2,015,623 2,015,623 NAB 22/02/2016293 2.80% 426,588 426,588 Bendigo 30/05/2016294 2.86% 1,080,042 1,080,042 NAB 29/03/2015295 3.05% 1,000,000 1,000,000 Bankwest 21/03/2016296 3.00% 215,000 215,000 Bankwest 20/06/2016297 3.05% 3,114,589 3,114,589 ANZ 28/06/2016298 3.05% 1,311,644 1,311,644 ANZ 28/06/2016

0 19,103,570 0 19,103,570

(c) InvestmentsTotal



Comments/Notes - Investments

12

Note 4A: CASH INVESTMENTSComparative rate

Up to 30 31-60 61-90 91-120 120+

Average Interest time of deposit

Interest Rate at time of Report

Annual Budget

Year to Date Actual Var.$

General Municipal4180379 19/01/2016 Bankwest 90 3.00% 14,795 2,000,000 2,000,000 4180559 18/08/2015 Suncorp 181 2.90% 28,762 2,000,000 2,000,000

83-934-9750 27/07/2015 NAB 310 2.90% 4,777 193,961 193,961 Subtotal 48,333 - - - - 4,193,961 4,193,961 -

Restricted44-244-15 21/12/2015 Bankwest 91 3.05% 7,604 1,000,000 1,000,000 44-244-16 21/12/2015 Bankwest 182 3.00% 3,216 215,000 215,000 9732-35404 28/12/2015 ANZ 183 3.05% 47,628 3,114,589 3,114,589 9732-35279 28/12/2015 ANZ 183 3.05% 20,057 1,311,644 1,311,644 83-934-9750 27/07/2015 NAB 310 2.90% 28,715 1,165,860 1,165,860 19-381-1571 28/06/2015 NAB 273 2.94% 10,962 498,506 498,506 14-111-5231 23/06/2015 NAB 365 2.95% 2,177 73,782 73,782 14-111-1660 23/06/2015 NAB 365 2.95% 348 11,801 11,801 14-111-1564 23/06/2015 NAB 365 2.95% 1,139 38,601 38,601 14-111-5098 23/06/2015 NAB 365 2.95% 6,116 207,325 207,325 83-796-9593 23/06/2015 NAB 365 2.95% 642 21,767 21,767 77-223-8027 28/07/2015 NAB 275 2.90% 43,699 2,000,000 2,000,000 17-855-19 30/11/2015 Bendigo 182 2.80% 5,956 426,588 426,588 94-604-0679 28/09/2015 NAB 184 3.00% 15,550 1,028,191 1,028,191 77-426-0025 24/11/2015 NAB 90 2.84% 14,115 2,015,623 2,015,623 77-223-7980 30/11/2015 NAB 120 2.86% 10,155 1,080,042 1,080,042 083-817 156849553 26/04/2013 NAB At Call 2.35% 700,290 700,290

Subtotal 218,078 700,290 - 2,015,623 2,080,042 10,113,653 14,909,609 -

- - - - - - - - - -

Total Interest Expected on Funds Invested 266,412 700,290 - 2,015,623 2,080,042 14,307,614 19,103,570 - - -

NAB83-934-9750 27/07/2015 310 2.90% 193,961 83-934-9750 28/06/2015 310 2.90% 1,165,860 19-381-1571 23/06/2015 273 2.94% 498,506 14-111-5231 23/06/2015 365 2.95% 73,782 14-111-1660 23/06/2015 365 2.95% 11,801 14-111-1564 23/06/2015 365 2.95% 38,601 14-111-5098 23/06/2015 365 2.95% 207,325 83-796-9593 23/06/2015 365 2.95% 21,767 77-223-8027 28/07/2015 275 2.90% 2,000,000 77-426-0025 24/11/2015 90 2.84% 2,015,623 77-223-7980 30/11/2015 120 2.86% 1,080,042 94-604-0679 28/09/2015 184 3.00% 1,028,191 083-817 156849553 26/04/2013 At Call 2.35% 700,290

Subtotal 9,035,748 47%Bendigo17-855-19 30/11/2015 182 2.80% 426,588

Subtotal 426,588 2%Suncorp

4180559 18/08/2015 181 2.90% 2,000,000 Subtotal 2,000,000 10%

ANZ9732-35404 28/12/2015 183 3.05% 3,114,589 9732-35279 28/12/2015 183 3.05% 1,311,644

Subtotal 4,426,234 23%

Bankwest44-244-15 21/12/2015 91 3.05% 1,000,000

4180379 19/01/2016 90 3.00% 2,000,000 44-244-16 21/12/2015 182 3.00% 215,000 17%

Subtotal 3,215,000

Total Funds Invested 19,103,570 100.0%

Percentage of Portfolio

Deposit Ref

Deposit Date Institution

Term (Days)

Invested Interest rates

Expected Interest

Deposit Ref Term (Days)

Invested Interest

rates

Town of ClaremontMonthly Investment Report


Budget v Actual Amount Invested (Days)

Total

Portfolio Diversity NAB

Bendigo

Suncorp

ANZ

Bankwest

-

2

4

6

8

10

12

14

16

Up to 30 31-60 61-90 91-120 120+

Mill

ions

Investment Maturity Timing

13

NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

Note 5: MAJOR VARIANCESComments/Reason for Variance

5.1 OPERATING REVENUE (EXCLUDING RATES)

5.1.1 GRANTS, SUBSIDIES AND CONTRIBUTIONSMinor variance due to timing.5.1.2 PROFIT ON ASSET DISPOSALNo Variance5.1.3 FEES AND CHARGESVariance due to increase in income from aquatic and Parking Fines

5.1.6 REIMBURSEMENTSMinor variance due to timing.5.1.7 INTEREST EARNINGSVariance is due to timing and higher interest income derived from increase in investment holdings along with additional interest income received from rates instalments.5.1.8 OTHER REVENUERefer to Budget Review

5.2 OPERATING EXPENSES

5.2.1 EMPLOYEE COSTSVariance is due to timing on Salaries and Superannuation5.2.2 MATERIAL AND CONTRACTSVariance due to timing difference across materials and contracts services ($366K), Office Expenses (68K), Buildings (22K) and consultancies (54K).5.2.3 UTILITY CHARGESVariance due to timing,5.2.4 DEPRECIATION (NON CURRENT ASSETS)Non cash item. Depriciation rates reviewed following the revaluation of infrastucture assets.5.2.5 INTEREST EXPENSESMinor Variance5.2.6 INSURANCE EXPENSESInsurance is under the budget due to timing.5.2.7 LOSS ON ASSET DISPOSALNon cash item. 5.2.8 OTHER EXPENDITUREMinor Variance

5.3 CAPITAL REVENUE5.3.1 GRANTS, SUBSIDIES AND CONTRIBUTIONSNo Variance5.3.2 PROCEEDS FROM DISPOSAL OF ASSETSNo Variance5.3.4 TRANSFER FROM/TO RESTRICTED ASSETSVaraince due to tranfer from restricted asset not being processed.5.3.7 TRANSFER FROM RESERVES (RESTRICTED ASSETS)No Variance

5.4 CAPITAL EXPENSES

5.4.2 LAND AND BUILDINGSTiming of the expenditure, please refer to note 105.4.3 PLANT AND EQUIPMENTTiming of the expenditure, please refer to note 105.4.6 INFRASTRUCTURE ASSETS - OTHERTiming of the expenditure, please refer to note 105.4.8 REPAYMENT OF LOANSNo Variance5.4.10 TRANSFER TO RESERVES (RESTRICTED ASSETS)

Town of Claremont


14

NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

Note 5: MAJOR VARIANCESComments/Reason for Variance

Town of Claremont


Variance is due to timing of the interest income on reserve funds as transfers are processed at maturity of the term deposit.

5.5 OTHER ITEMS

5.5.1 RATE REVENUEMinor variance due to timing.

5.5.2 OPENING FUNDING SURPLUS(DEFICIT)This actual figure are confirmed following completion of 2014-15 Audit.

15

Note 6: BUDGET AMENDMENTSAmendments to original budget since budget adoption. Surplus/(Deficit)

GL Account Code Description

Council Resolution

No Change -(Non Cash

Items) Adjust.

Increase in Available

Cash Decrease in

Available Cash

Amended Budget

Running Balance

$ $ $ $

Budget Adoption -Closing Balance 98/15 63,756EOY report - Carry forward project 147/15 119,909 183,665

Increase in Davies rd car park upgrade to 584000 (net of OH) 155/15 (320,000) (136,335)Contribution from Landcorp 155/15 197,000 60,665Transfer of $123,000 from parking res required (instead of 187,000) 155/15 123,000 183,665Refund of Heritage Loan Subsidy Contrib 164/15 21,000 204,665Maintenance grants for heritage dwellings 164/15 (21,000) 183,66515-16 Foothpath - Shenton Place access 164/15 (16,667) 166,998Increase in Food Act Fees 172/15 15,000 181,998Noise Monitoring Software - Missed in 14-15 cf report 172/15 (8,316) 173,682EHO services to Town of Mosman Park 172/15 30,000 203,682Increase in contract Labour Budget for EHO contract Labour 172/15 (15,000) 188,682Additional cost for development of Lot 15 Claremont Cres 172/15 (5,000) 183,682Credit Card Surcharge 172/15 12,000 195,682Midyear Budget Review (Various Items) 21/16 248,619 444,301

0 766,528 (385,983) 444,301



16

Note 7: RECEIVABLESReceivables - Rates and Rubbish Current Previous Total Receivables - General Current 30+ Days 60+ Days 90+Days

2015-16 2014-15 $ $ $ $$ $ $ 47,988 38,671 8,388 7,258

Opening Arrears Previous Years 147,481 153,250 147,481 Total Outstanding 102,305Rates Levied this year 13,180,707 12,931,546 13,180,707Less Collections to date (11,247,410) (12,937,315) (11,247,410) Amounts shown above include GST (where applicable)Equals Current Outstanding 2,080,778 147,481 2,080,778

Net Rates Collectable 2,080,778% Collected 84.39%

0

Comments/Notes - Rates Comments/Notes - Receivables General



Rates charges include interim rates of $22,652 $38,751, $4,698 & $1,000 of 30+, 60+ and 90+accounts respectively have been paid since last report.

0.00%

20.00%

40.00%

60.00%

80.00%

100.00%

120.00%


Note 7 - Rates % Collected

Last Year 2014-15

This Year 2015-16

Current 47%

30+ Days 38%

60+ Days 8%

90+Days 7%

Note 6 - Accounts Receivable (non-rates)

17

Note 8: GRANTS AND CONTRIBUTIONS

Program/Details Provider Approval 2015-16 Variations Revised Recoup StatusGL Yes Budget Additions Grant Received Not Received

No YTD (Deletions)(Yes/No) $ $ $ $ $

Claremont Nowop Specified Area Rates BID Yes 120,000 115,207 4,793

General Purposeop Grant Commission WALGCC Yes 50,902 50,902 0Op Pensioners Deferred Interest Grant Dept of Finance Yes 5,500 0 5,500

Recreation and Cultureop Donation to Museum/Library Yes 6,035 6,140 (105)op River Foreshore - Soil Erosion Dept of Parks & Wildlife Yes 10,500 10,500

TRANSPORTOp Roads - Direct Grant Main Roads Yes 19,800 18,700 1,100Op Formula Road Grant WALGCC Yes 25,451 25,451 0

Non Op Road Project Grant Main Roads Yes 153,183 153,183 0

COMMUNITY DEVELOPMENTOp Other Grant Neighourhood Watch Yes 500 500 0

TOTALS 391,871 0 0 380,583 11,288

Comments - Grants and Contributions



18

Note 9: Cash Backed Reserve

NameOpening Balance

$ $ $ $ $ $ $ $ $Pool Upgrade 379,589 8,896 1,378 80,000 0 0 0 468,485 380,967Underground Power 1,847,557 52,093 24,661 586,406 0 0 0 2,486,056 1,872,219Plant Replacement 73,782 1,830 0 0 0 0 0 75,612 73,782Bore Replacement 21,767 649 0 0 0 0 0 22,416 21,767Public Art res 356/13 58,221 634 333 0 0 0 0 58,855 58,554Parking 917,156 20,087 4,670 0 0 (341,775) 0 595,468 921,826Administration Building 421,165 7,367 4,183 0 0 (183,836) 0 244,696 425,347Future Fund 8,570,123 227,777 104,757 413,500 0 (2,502,860) (1,830,560) 6,708,540 6,844,320Golf Course Land 38,601 1,148 0 30,000 0 0 0 69,749 38,601Aged Transport Subsidy 11,801 352 0 0 0 0 0 12,153 11,801Claremont Joint Venture 1,163,673 25,084 2,187 0 0 (310,835) 0 877,922 1,165,860Claremont NOW 79,403 1,169 789 0 0 0 0 80,572 80,191

Restricted - Loan Investments 169,441 0 0 0 0 (169,441) 0 (0) 169,441Resticted - Municipal Investments 24,520 0 0 0 0 (24,520) 0 0 24,520

13,776,797 347,086 142,958 1,109,906 0 (3,533,267) (1,830,560) 11,700,522 12,089,195

104,757

(612,949)

-612949

-332113.9

Actual Transfers

Out (-)

Budget Closing Balance

Actual YTD Closing Balance



Budget Interest Earned

Actual Interest Earned

Budget Transfers

In (+)

Actual Transfers

In (+)

Budget Transfers

Out (-)

(1,000,000) 0

1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 8,000,000 9,000,000

Note 8 - Year To Date Reserve Balance to End of Year Estimate

Opening Balance

Budget Closing Balance

Actual YTD Closing Balance

19

Note 10: CAPITAL DISPOSALS AND ACQUISITIONS

Valuation as at 01 July

2015 Accum Depr ProceedsProfit(Loss) Budget Actual Variance

$ $ $ 0 $ $ $135,935 0 586,407 450,471 Sale Lot 15 Claremont Cres 383,734 450,471 66,737

0 Vehicle Replacement Program (15,960) 0 15,96029,200 (10,032) 18,864 (304) PE346 Holden CaptivaCX7 (8,396) (304) 8,092

165,135 (10,032) 605,271 450,167 Totals 359,378 450,167 90,789

Comments - Capital Disposal

Grants Reserves Borrowing Total Budget Actual Variance$ $ $ $ $ $ $

Property, Plant & Equipment0 0 0 0 Land and Buildings 696,651 279,680 (416,971) 0 0 0 0 Plant & Equipment 334,768 135,000 (199,768) 0 0 0 0 Furniture & Equipment 0 0 0

Infrastructure0 0 0 0 Roadworks 2,306,541 969,312 (1,337,229) 0 0 0 0 Footpath & Cycleways 1,431,696 200,188 (1,231,508) 0 0 0 0 Parks, Gardens & Reserves 444,944 71,310 (373,634) 0 0 0 0 Other Infrastructure 762,089 371,955 (390,134)

0 0 0 0 Totals 5,976,689 2,027,445 (3,949,244)

Grants Reserves Borrowing Total Budget Actual Variance$ $ $ $ $ $ $

14-15 Disability Access Upgrade Various Buildings 46,227 0 (46,227)14-15 Civic & Administration Centre - 308 Stirling Highway 15,000 29,036 14,03614-15 Anzac Cottage Upgrade 15,000 12,066 (2,934)15-16 Aquatic Centre Upgrade - Tower Light & Hand Rail 62,754 54,033 (8,721)15-16 CBD Public Toilet 250,000 0 (250,000) 15-16 Golf Course Upgrade - Asbestos removal & Access upgrade 31,670 27,528 (4,142)15-16 Meals on Wheels Upgrade 28,000 694 (27,306) 15-16 Museum Upgrade 3,000 0 (3,000) 14-15 Claremont Park Toilet Cf 200,000 149,695 (50,305)Lot 13 Stirling Hwy Claremont 40,000 0 (40,000)Lot 15 Claremont Crescent 5,000 6,628 1,628

0 0 0 0 Totals 696,651 279,680 (416,971)Comments - Land & Buildings

Contributions

Profit (Loss)


Land & Buildings Current Budget


Profit(Loss) of Asset DisposalDisposals

Current BudgetContributions InformationSummary Acquisitions

20

Note 10: CAPITAL DISPOSALS AND ACQUISITIONS



Grants Reserves Borrowing Total Budget ActualVariance

(Under)Over$ $ $ $ $ $ $

EMCG Vehicle 30,659 30,659 0Chlorine Gas Regulator 2,613 2,613Christmas Lighting 50,100 26,794 (23,306)Vehicles for (MPE& Coordi works) 60,900 0 (60,900)Website Development 50,000 25,800 (24,200)Computer Replacement Prog (30K), Software upgrade (50K) 70,403 8,043 (62,360)CCTV Bayview TCE 10,000 1,560 (8,440)Ipads for Councillors 3,245 3,245 0Iphone's for Infra Staff 6,352 6,352 0Museum CCTV Updgrade 7,000 0 (7,000)Bore Replacement Rowe Park 7,800 7,800Health Software for Food Premises 18,316 8,316 (10,000)Upgrade to Handheld Devices - Rangers 17,380 13,818 (3,562)

0 0 0 0 Totals 334,768 135,000 (199,768)

Comments - Plant & Equipment

Grants Reserves Borrowing Total Budget ActualVariance

(Under)Over$ $ $ $ $ $ $

0 Road Works0 Intersections 522,784 135,778 (387,006)

Roadworks 1,783,757 833,534 (950,223)

0 Footpath, Car Park & Cycleways0 Other works 1,431,696 200,188 (1,231,508)

0 Parks, Gardens & Reserves0 Lake Claremont Park Development - Stage 2 286,064 1,341 (284,723) 0 Other Parks 158,880 69,969 (88,911) 0 Other Infrastructure 762,089 371,955 (390,134)

0 0 0 0 Totals 4,945,270 1,612,765 (3,332,505)

Comments - Other Infrastructure

Contributions Other Infrastructure Current Budget

This Year

Capital works expenditure remain within the full year budget

Plant & Equipment Current Budget

This YearContributions

21

Note 11: TRUST FUND

12 Funds held at balance date over which the Council has no control and which are not included in this statement are as follows:

Opening Balance Amount Amount

Closing Balance

1-Jul-15 Received Paid 30-Jun-16$ $ $ $

BCITF Fees 36,134 80,499 (70,287) 46,346Build Services Levy 37,336 64,070 (77,088) 24,319DAP Fees 150 0 (150) 0Damage Bond Residenial 792,099 171,000 (143,900) 819,199Damage Bond Demolition 185,500 100,000 (66,000) 219,500Damage Bond Lakeway 32,500 5,000 (20,000) 17,500Damage Bond Commercial 200,460 68,650 (152,410) 116,700Damage Bond Verge Usage Bond 5,300 0 0 5,300Damage Bond Performance Bond 79,368 8,000 0 87,368Other Trust Bonds 1,796 5,634 (6,191) 1,239

1,370,643 502,854 (536,027) 1,337,470



CORPORATE

MONTHLY STATEMENT OF FINANCIAL ACTIVITY

INFRASTRUCTURE ASSETS

15 MARCH 2016

ATTACHMENT 2

2015-16 Infrastructure Works

GL Name Budget YTD Budget Actual Comments

11-12 Stirling Highway/Queenslea Drive - Intersection 257,615 42,936 55,300 Works completed, waiting for final invoices

11-12 Stirling Road/St Quentin Avenue - Intersection 95,169 47,585 48,849 Works completed, waiting for final invoices

11-12 Stirling Highway/Leura Avenue - Intersection 100,000 33,334 31,629 Works completed, waiting for one invoice

12-13 River Foreshore - Erosion Control 30,947 3,612 1,800 Erosion Control Works occurring March as part of grant

13-14 Claremont Park - Development Stage I 820 N/A

13-14 Stirling Highway II - Footpath North Side 64,795 2,808 Works completed, incorrect account used (money to be transferred)

13-14 Street Trees Replacement Program 35,484 4,144 Works completed

13-14 Avion Way Traffic Upgrade 340,835 340,836 337,181 Works compelted

13-14 Avion Way Traffic Upgrade Works completed

14-15 Stirling Rd Resheet 7,639 7,638 7,639 Works completed

14-15 Loch/Gugeri/Railway 30,000 Ongoing with City of Nedlands

14-15- BVT - Seating, shading & Barriers 59,400 All items are ordered for install in March

14-15 Footpath Renewal 4,923

14-15 Claremont Park Stage 2 120,824 14,098 25,963 Works progressing, major completion before June 2016

14-15 Lake Claremont Upgrade 28,464 3,318 For bushland fencing, ground prep in June

14-15 Foreshore Stage 1 Management Plan 41,515 4,844 Plan by SRT grant, implementation plan to be created

14-15 Cliff Way NIB and Give Way Sign 16,037 Works on hold

14-15 Interpretive Sign - Lake Claremont 45,600 5,320 1,053 Designs complete, sign plan to be done and approved

14-15 Graylands & Lapsley Rd Intersection 70,000

14-15 Fresh Water PDE on RD Cycle Lane Vic Ave Queenslea Dve 114,560 Works begin April 2016

14-15 Davies Rd Car Park 584,000 Works to begin July 2016

15-16 MacLagan Park: Low limestone retaining wall 6,120 6,120 6,120 Works completed

15-16 Lake Claremont - Nedlands path connection 20,000 Works near completion

15-16 Lake Claremont improvement works (Fencing, parking,dog agility)60,000 7,000 Money to be used for Working Party priorities

15-16 Flow Meters at Hachett & Mofflin 3,792 3,796 3,792 Works completed

15-16 Stirling Rd Underpass Art Work 50,000 5,831 Works began March 2016, to be completed by April 2016

15-16 Bay Veiw Tce Traffic Calming Works 25,000 12,914 12,770 Works completed

15-16 Foothpath - Shenton Place access 20,000 2,338 Works completed, waiting final invoices

15-16 Wright St - Resheet 318,000 318,000 317,195 Works completed

15-16 Mount St - Resheet 63,090 63,088 62,677 works completed

15-16 Fraser St - Resheet 96,408 96,409 95,854 works completed

15-16 Victoria Ave- Resheet 449,416 Works to begin April 2016

2015-16 Infrastructure Works

GL Name Budget YTD Budget Actual Comments

15-16 Cornwall St - Resheet 112,926 112,926 112,055 Works completed

15-16 Langsford St West Foothpath 65,945 9,104 Works completed, waiting on final invoices

15-16 Stirling Hwy Northside Foothpath 66,700 16,466 Works compelte, checking account codes

15-16 Wright St east Foothpath 21

15-16 Victoria Ave Foothpath 84,000 84,000 83,431 Works completed

15-16 Servetus St Concrete Path 10,000 10,002 9,959 Works completed

15-16 Kingsmill St Concrete Path 15,000 15,000 14,956 Works completed

15-16 Chester Rd Concrete Path 14,500 14,497 14,114 Works completed

15-16 Vaucluse St West Concrete Path 42,500 42,499 42,342 Works completed

15-16 Brown St West Concrete Path 12,000 2,063 Works to begin April 2016

15-16 Hatchett Park deck replacement 31,936 31,939 37,066 Works completed

15-16 Swanbourne shops reticulation replacement 9,302 9,302 9,302 Works completed

15-16 Stirling Rd Park Extend carpark 52,000 Works on hold

15-16 Lake Claremont - Create Swale at Henshaw Lane Outfall 50,000 5,831 On hold, hydrological design required.

15-16 Museum Carpark Resheet 82,000 9,569 288 Works on hold

15-16 Shenton PL/Cedus St Street Light Replacement 85,000 Works in progress, investigation taking place

15-16 Drainage Improvement 89,777 19,880 Works ongoing

15-16 Richardson Ave drop off/pick up 80,000 Working group ongoing

15-16 Stirling Rd East Foothpath 31,576 Works to begin April 2016

15-16 shenton Rd North Foothpath 50,784 Works to begin April 2016

15-16 Fraser St South Foothpath 15,400

15-16 Remove Various Slab Foothpaths 27,936 466

15-16 First Ave Rehab - R2R Funding 234,000 42,900 95,576 Works completed, waiting on final invoices

15-16 Bellevue Tce cul-de-sac Rehab - R2R Funding

15-16 Bellevue Tce cental to wright Rehab - R2R Funding 116,000 115,998 107,226 works completed

15-16 Rob Roy St Rehab - R2R Funding 32,821 3,829 1,026 Works completed, waiting on final invoices

15-16 Evelyn Rd Rehab- R2R Funding 63,440 27,488 21,516 Works completed, waiting on final invoices

15-16 Gugeri St - Langford st to Bayview Tce MRRG 228,554 Works to begin April 2016

15-16 Bay rd- Victoria ave to Riley Rd MRRG 6,463 Works to begin April 2016

Fresh Water Close 80,000 Works to begin April 2016

4,945,270 1,549,407 1,612,765


Page 34

13.2.2 LIST OF PAYMENT 1-29 FEBRUARY 2016

File Ref: FIM00062 Attachment: Schedule of Payments February 2016 NAB Purchase card statement Responsible Officer: Les Crichton

Executive Manager Corporate and Governance Author: Edwin Kwan

Finance Officer Proposed Meeting Date: 15 March 2016

Purpose For Council to note the payments made in February 2016.

Background Council has delegated to the CEO the exercise of its power to make payments from the Municipal Fund or Trust Fund. The CEO is then required to prepare a list of accounts, for recording in the Minutes, detailing those payments made since the last list was presented.

Discussion Attached is the list of all accounts paid totalling $1,075,316.35 during the month of February 2016.

The attached schedule covers:

• Municipal Funds electronic funds transfers (EFT) $ 573,032.72 • Municipal Fund vouchers $ 0.00 • Municipal Fund direct debits $ 472,075.05 • Trust Fund electronic funds transfer (EFT) $ 30,208.58 • Trust Fund vouchers $ 0.00 All invoices have been verified, and all payments have been duly authorised in accordance with Council’s procedures.

Past Resolutions Ordinary Council Meeting 16 February 2016, Resolution 22/16: That Council notes all payments made for January 2016 totalling $1,427,070.89 comprising;

Municipal Funds electronic funds transfers (EFT) $ 882,817.07 Municipal Fund vouchers (39442-39454) $ 15,323.31 Municipal Fund direct debits $ 487,984.40 Trust Fund electronic funds transfer (EFT) $ 40,946.11 Trust Fund vouchers $ 0.00



Page 35

Financial and Staff Implication Resource requirements are in accordance with existing budgetary allocation.

Policy and Statutory Implications Regulations 12- 13 of the Local Government (Financial Management) Regulations 1996. Town of Claremont Delegation Register Item 37.

Communication / Consultation N/A

Urgency N/A

Voting Requirements Simple majority decision. OFFICER RECOMENDATION: THAT Council NOTES all payments made for February 2016 totalling $1,075,316.35 comprising;

Municipal Funds electronic funds transfers (EFT) $ 573,032.72 Municipal Fund vouchers $ 0.00 Municipal Fund direct debits $ 472,075.05 Trust Fund electronic funds transfer (EFT) $ 30,208.58 Trust Fund vouchers $ 0.00

CORPORATE

LIST OF PAYMENTS

SCHEDULE OF PAYMENTS 1-29 FEBRUARY 2016

15 MARCH 2016

ATTACHMENT 1


Page 1

ELECTRONIC FUNDS TRANSFERS FEBRUARY 2016 - MUNICIPAL FUNDDate Ref. Name Details Amount

18/02/2016 EFT01299 ACCORD SECURITY PTY LTD Security - Christmas in Claremont $601.703/02/2016 EFT01295 ADVANCE PRESS Reprinted 2016 Waste Guide $1,254.00

18/02/2016 EFT01299 ADVANCE PRESS Reprinted 2016 Waste Guide $1,188.0018/02/2016 EFT01299 ALL FENCE U RENT Fence Hire - SMH $295.63

3/02/2016 EFT01295 ALSCO Feminine hygiene unit service $325.873/02/2016 EFT01295 ALYKA PTY LTD Website Development 2015-16 $9,900.003/02/2016 EFT01295 ANDREW GOTT Professional golf sales $411.90

18/02/2016 EFT01299 ANDREW GOTT Professional golf sales $414.803/02/2016 EFT01295 APRA APRA License $91.09

18/02/2016 EFT01299 APRA APRA License $475.6318/02/2016 EFT01299 ARBOR CENTRE PTY LTD Tree pruning at various locations $27,060.0018/02/2016 EFT01299 ARMAGUARD Bank Charges - Aquatic Centre $926.11

3/02/2016 EFT01295 ASHTON AVENUE MEDICAL CENTRE Pre employment medical $143.0018/02/2016 EFT01299 ASHTON AVENUE MEDICAL CENTRE Pre employment medical $572.0018/02/2016 EFT01299 AUSTRALIAN TAXATION OFFICE PAYG Feb 2016 $51,712.00

3/02/2016 EFT01295 AUSTRAL MERCANTILE COLLECTIONS P/L Debt Collection and Payment arrangement costs $4,850.4218/02/2016 EFT01299 AUSTRAL POOL SOLUTIONS PTY LTD Replace damaged lane rope tension $625.6818/02/2016 EFT01299 AUSTRALIA POST - 623462 Postage $1,542.0418/02/2016 EFT01299 AUSTRALIA POST - 673027 Postage $1,662.10

3/02/2016 EFT01295 AUSTRALIAN BUSINESS SOLUTIONS GROUP OH&S Expenses - Workplace Info $930.0018/02/2016 EFT01299 AUTO MASTERS COTTESLOE Car Service $1,045.00

3/02/2016 EFT01295 B & B WASTE CONTRACTORS PTY LTD Removal of illegally dumped green waste $170.5018/02/2016 EFT01299 BINLEY FENCING Temporary fencing-Christmas in Claremont $592.9018/02/2016 EFT01299 BOB JANE T-MARTS Tyres and alignment $1,116.0018/02/2016 EFT01299 BOX CORPORATE Milk Order - January 2016 $121.1018/02/2016 EFT01299 BOYAN ELECTRICAL SERVICES CBD light inspections $479.6018/02/2016 EFT01299 BUNNINGS Tools and equipment $392.15

3/02/2016 EFT01295 C.V.P. ELECTRICAL CO Building Aquatic Centre 2015-16 - Tower Light Works $18,838.493/02/2016 EFT01295 CITY OF NEDLANDS Feral animal management & control- WESROC Project $9,896.70

18/02/2016 EFT01299 CITY OF NEDLANDS Building Approval Services - Januray 2016 $5,859.6418/02/2016 EFT01299 CITY OF STIRLING Contributions to Meals on Wheels- December 2015 $459.00

3/02/2016 EFT01295 CLAREMONT NEDLANDS CRICKET CLUB For maintenance of Cresswell Park $19,800.003/02/2016 EFT01295 CLAREMONT POOL SERVICES Aquatic Centre Maintenance $297.01

18/02/2016 EFT01299 CLAREMONT POOL SERVICES Aquatic Centre Maintenance $2,536.0218/02/2016 EFT01299 CLARITY CORPORATE COMMUNICATIONS PTY LTD Contractor for CTC social media workshop $1,193.50

3/02/2016 EFT01295 CLEAN CITY GROUP PTY LTD Various street maintenance $4,815.2518/02/2016 EFT01299 CLEAN CITY GROUP PTY LTD Various street maintenance $4,928.0018/02/2016 EFT01299 COMPU-STOR External Records Storage $1,033.2318/02/2016 EFT01299 CORNERSTONE RENOVATIONS Repairing shopfronts & walls - Museum $1,760.0018/02/2016 EFT01299 COTTESLOE CAR AND UTE HIRE Hire vehicle for Operations Centre $159.00

3/02/2016 EFT01295 DE FREITAS & RYAN REAL ESTATE Museum O'Connor Lease Feb 2016 $2,055.7118/02/2016 EFT01299 DE FREITAS & RYAN REAL ESTATE Museum O'Connor Lease Mar 2016 $2,055.7118/02/2016 EFT01299 DEPARTMENT OF TRANSPORT Vehicle search Fees Jan 2016 $1,986.5518/02/2016 EFT01299 DIRECT IMAGE Graphics Museum $77.00

3/02/2016 EFT01295 DOCUPRINT (WA) PTY LTD 11 panels for School Days - Museum $681.0018/02/2016 EFT01299 DOCUPRINT (WA) PTY LTD Object labels $686.3018/02/2016 EFT01299 DONEGAN ENTERPRISES PTY LTD Weekly inspection of p/ground at various parks $2,494.80

3/02/2016 EFT01295 DOOR REPAIRS WA Repair to roller door of O'Connor - Museum $396.0018/02/2016 EFT01299 DOWSING CONCRETE Avelyn Rd pram ramps $1,791.9018/02/2016 EFT01299 DU ELECTRICAL Various maintenance $4,196.50

3/02/2016 EFT01295 DYNAMICS AUDIO VISUAL SOLUTIONS PTY LTD Interactive screen - Foyer $220.003/02/2016 EFT01295 ELLIOTTS IRRIGATION PTY LTD Irrigation Maintenance for December $2,651.59

18/02/2016 EFT01299 ENVIRO SWEEP CBD & residential area sweeps for Dec 2015 $23,203.923/02/2016 EFT01295 ENVIROCARE SYSTEMS Cleaning of urinals - Aquatic Centre $182.82

18/02/2016 EFT01299 EVENT HEALTH MANAGEMENT First Aid - Metro Big Band $239.8018/02/2016 EFT01299 EVOLUTION TRAFFIC CONTROL PTY LTD T/A TRS Various Traffic Control $3,205.9518/02/2016 EFT01299 EXCLUSIVE TROPHIES Update of Honour board $1,056.0018/02/2016 EFT01299 FEAST CAFE Catering for OCM dinner $1,746.0018/02/2016 EFT01299 FLEXIPOLE Rails to replace split ones in lakeway subdivision $346.50

3/02/2016 EFT01295 FOOD TECHNOLOGY SERVICES Food Business Risk Assessments Jan 2016 $1,321.4518/02/2016 EFT01299 FRANS BISSCHOPS Panel designs $1,400.0018/02/2016 EFT01299 FRUIT AT WORK Office fruit order January 2016 $363.0018/02/2016 EFT01299 GOODALL’S BRICKPAVING & MINI BOBCAT SERVICEVarious Brickpaving works $4,908.49

3/02/2016 EFT01295 HARRY ARMSTRONG PTY LTD Park keys $17.0018/02/2016 EFT01299 HORTWEST INDUSTRIES Streetscape maintenance to Verges $18,360.7018/02/2016 EFT01299 IXOM OPERATIONS PTY LTD Chlorine gas charges - Aquatic Centre $174.2518/02/2016 EFT01299 J & V CONTRACTORS Remove old footpath (incl 6m3 concrete to tip) $866.80

3/02/2016 EFT01295 JESSICA L KHOO Musician Official Opening School Days Exhibition $260.0018/02/2016 EFT01299 JIM'S MOWING (NORTH MOSMAN PARK) Mow Links/Davies Rd $275.00

3/02/2016 EFT01295 KERB DIRECT KERBING PTY LTD Various Kerb Works $46,224.5118/02/2016 EFT01299 KERB DOCTOR Evelyn road re - sheeting kerb works $6,291.89

3/02/2016 EFT01295 KONICA MINOLTA BUSINESS SOLUTIONS Printing - Internal $15.9818/02/2016 EFT01299 KONICA MINOLTA BUSINESS SOLUTIONS Printing - Internal $76.47

3/02/2016 EFT01295 KONICA MINOLTA EQUIPMENT FINANCE Copier Lease Feb 2016 $1,832.613/02/2016 EFT01295 LANDGATE - MIDLAND GRV Schedule G2016/1 02/01/16 to 15/01/16 $125.28

18/02/2016 EFT01299 LANDGATE - MIDLAND Certificate of Titles for Lease Register $864.353/02/2016 EFT01295 LGISWA Workers Compensation Premium $3,778.19


Page 2

Date Ref. Name Details Amount18/02/2016 EFT01299 LGRCEU LGRCEU Membership fees $615.0018/02/2016 EFT01299 M.D.R. MOBILE DIESEL REPAIRS Repair dive board frame $990.00

3/02/2016 EFT01295 MARKETFORCE Advert annual general meeting of electors $206.6918/02/2016 EFT01299 MARKETFORCE Various Advertising $6,486.3118/02/2016 EFT01299 MCLEODS Legal Consultations $7,261.51

3/02/2016 EFT01295 MICHAEL CROSSLAND PTY LTD Michael Crossland Presentation $6,600.0018/02/2016 EFT01299 MOORE STEPHENS Audit Fees Road to Recovery return for the year ended 30 June 2015 $935.0018/02/2016 EFT01299 MR POTPLANTS Plant hire - Christmas in Claremont $935.00

3/02/2016 EFT01295 NAMEPLATE ENGRAVERS Customer Relations Name badges $38.503/02/2016 EFT01295 OCE CORPORATE CLEANING Cleaning services at various places $13,754.51

18/02/2016 EFT01299 OCE CORPORATE CLEANING Detailed clean of Station Masters House $225.503/02/2016 EFT01295 OPTIMA PRESS PTY LTD Business cards - Our Vision/Our Mission $512.60

18/02/2016 EFT01299 OPTIMA PRESS PTY LTD Opening night invites - Museum $89.1018/02/2016 EFT01299 OUT OF THE BOX Christmas in Claremont - Out of the Box $2,695.0018/02/2016 EFT01299 OVEN SPARKLE Clean BBQ's at various parks $473.0018/02/2016 EFT01299 PAC-COM Black 90ltr 30um bin liners $425.48

3/02/2016 EFT01295 PALM SPRINGS Bottled Water $25.2018/02/2016 EFT01299 PALM SPRINGS Bottled Water $67.6018/02/2016 EFT01299 PERTH IRRIGATION CENTRE Various Irrigation $839.5818/02/2016 EFT01299 PERTHWASTE PTY LTD Domestic Waste Collection $28,676.6718/02/2016 EFT01299 PHIL JOHNSON PLUMBING AND GAS Various maintenance $806.0018/02/2016 EFT01299 PIPELINE IRRIGATION Various Irrigation $1,287.0018/02/2016 EFT01299 POLESY Green Waste Bags $8,089.13

3/02/2016 EFT01295 PROFESSIONAL PC SUPPORT Amlib Managed Services - Library $1,026.883/02/2016 EFT01295 PROFESSIONAL TREE SURGEONS Various tree works $550.00

18/02/2016 EFT01299 PROFESSIONAL TREE SURGEONS Various tree works $2,585.003/02/2016 EFT01295 PROTEC ASPHALT Various road works $3,847.25

18/02/2016 EFT01299 PROTEC ASPHALT Various road works $6,627.503/02/2016 EFT01295 QUICK CORPORATE AUSTRALIA Headsets $2,083.693/02/2016 EFT01295 QUREMED PTY LTD New battery - Aquatic Centre $391.41

18/02/2016 EFT01299 QUREMED PTY LTD Service of defibrillator $328.1718/02/2016 EFT01299 R B & EG WYATT Rate Refunds $292.95

3/02/2016 EFT01295 ROAD SIGNS AUSTRALIA Road sign $53.9018/02/2016 EFT01299 SABA KIRUPANANTHER Business Lunch $107.6018/02/2016 EFT01299 SCOTT PRINTERS PTY LTD PAS Cupboard vinyl - Museum $499.40

3/02/2016 EFT01295 SIFTING SANDS Clean playground sandpits at various parks $3,554.3218/02/2016 EFT01299 SIGMA CHEMICALS Aquatic Centre Chemicals $299.75

3/02/2016 EFT01295 SLADEN'S PLUMBING GAS AND ELECTRICAL Fix cistern leak and plumbing $354.203/02/2016 EFT01295 SPECIALISED SECURITY SHREDDING Records Shredding Bins $33.00

18/02/2016 EFT01299 STAPLES (CORPORATE EXPRESS) Stationery and Sundry Expenses $101.0718/02/2016 EFT01299 STATE LIBRARY OF WESTERN AUSTRALIA Lost &Damaged Replacement Stock $660.0018/02/2016 EFT01299 STUMP OUT Various tree maintenance $1,023.00

3/02/2016 EFT01295 SUSTAINABLE OUTDOORS Various street maintenance $2,553.1018/02/2016 EFT01299 SUSTAINABLE OUTDOORS Weed control at various locations $12,168.5418/02/2016 EFT01299 SVETLANA OSTROVSKY Mobiles accesories $44.9518/02/2016 EFT01299 SWANBOURNE VETERINARY CENTRE Council Boarding Dec 2015 $38.50

3/02/2016 EFT01295 SYNERGY ELectricity at various places $2,260.8018/02/2016 EFT01299 SYNERGY ELectricity at various places $19,705.4018/02/2016 EFT01299 TAPPS CONTRACTING PTY LTD Brick Paving works $4,950.00

3/02/2016 EFT01295 TASSIE DEVIL LINEMARKING Fraser street Line marking $275.0018/02/2016 EFT01299 TASSIE DEVIL LINEMARKING Mount street Line marking $192.5018/02/2016 EFT01299 TECHNIWORKS ACTION LEARNING PTY LTD Online Records Managment course - 15 Licences $2,266.00

3/02/2016 EFT01295 TELSTRA Mobile January 2016 $1,479.403/02/2016 EFT01295 THE LANE BOOKSHOP Library Acquisitions $255.76

18/02/2016 EFT01299 TOTAL EDEN PTY LTD Parts used for retic repairs at various places $1,787.6718/02/2016 EFT01299 TRUCK CENTRE (WA) PTY LTD Investigate and repair problem with service light $507.38

3/02/2016 EFT01295 TURFWORKS WA PTY LTD Mow parks & various verges 19/01/16 $5,066.4718/02/2016 EFT01299 TURFWORKS WA PTY LTD Mow parks & various verges 2/02/16 $3,905.3018/02/2016 EFT01299 WA FIRE PROTECTION 1.2 x 1.8mt fire blanket - Museum $64.9018/02/2016 EFT01299 WALGA Training Course $480.00

3/02/2016 EFT01295 WEST COAST PROFILERS PTY LTD Avelyn Rd re-sheeting2m profiler $8,812.4118/02/2016 EFT01299 WESTBOOKS Library Acquisitions $1,802.02

3/02/2016 EFT01295 WESTERN METROPOLITAN REGIONAL COUNCIL Domestic Refuse $13,806.6718/02/2016 EFT01299 WESTERN METROPOLITAN REGIONAL COUNCIL Domestic Refuse $13,818.9018/02/2016 EFT01299 ZD CONSTRUCTIONS 93 P/L Claremont Park toilet capital works $42,982.50

25/02/2016 Direct PREMIER ARTISTS 50% advance payment for concert performance. $10,450.00Total EFT 573,032.72Total Number of EFT Transfers 143

CHEQUES ISSUED FEBRUARY 2016 - MUNICIPAL FUNDDate Ref. Name Details AmountCheque Posting D Document NoVendor No / Name Description Cheque Amount

Total EFT 0.00Total Number of Cheques 0

DIRECT DEBITS FEBRUARY 2016 - MUNICIPAL FUND


Page 3

Date Ref. Name Details AmountDate Ref. Name Details Amount

NAB / CBA Various Bank Fees $1,032.88PERTHWASTE Domestic Waste Collection $30,001.80PAYROLL Payroll and Superannuation $410,327.75CALTEX Caltex card fuel expenses $3,144.18SHELL Shell card fuel expenses $2,521.27IINET Internet access $59.95EXETEL Variable Message Signs (VMS) $208.44SG FLEET Lease of Vehicle $572.46Fines Enforcement Registry Unpaid infringement pursuit February 2016 $13,208.00NAB Purchase Card Purchase Card January 2016 - Paid in February 2016 $10,998.32

Total Direct Debits 472,075.05

TOTAL MUNICIPAL PAYMENTS FOR THE MONTH OF FEBRUARY 2016 1,045,107.77

ELECTRONIC FUNDS TRANSFERS FEBRUARY 2016 - TRUST FUNDDate Ref. Name Details Amount

19/02/2016 EFT01300 BUILDERS REGISTRATION BOARD OF WA BRB Levies January 2016 $24,208.583/02/2016 EFT01296 SG & AP CARROLL Refund of Bond $3,000.003/02/2016 EFT01296 STABLE DEVELOPMENTS & CONSTRUCTION P/L Refund of Bond $3,000.00

Total EFT 30,208.58Total Number of EFT Transfers 3

CHEQUES ISSUED FEBRUARY 2016 - TRUST FUNDDate Ref. Name Details AmountCheque Posting D Document NoVendor No / Name Description Cheque Amount

Total Cheques 0.00Total number of Cheques 0.00

Date Ref. Name Details AmountTOTAL TRUST PAYMENTS FOR THE MONTH OF FEBRUARY 2016 30,208.58

TOTAL ALL PAYMENTS FOR THE MONTH OF FEBRUARY 2016 1,075,316.35

CORPORATE

LIST OF PAYMENTS

NAB PURCHASE CARD STATEMENT

15 MARCH 2016

ATTACHMENT 2

Statement Period 30 Dec 2015 to 28 Jan 2016

Andrew Head

Posting Date Tran Date Supplier Transaction Descript** Amount 15-Jan-16 13-Jan-16 Bunnings 483000 Ball Valve for Typika irrigation 27.45$

Total AUD 27.45$

Anne Arrigoni

Posting Date Tran Date Supplier Transaction Descript** Amount 4-Jan-16 4-Jan-16 Coles 0299 Milk for staff kitchen 13.81$

11-Jan-16 11-Jan-16 Coles 0299 Milk for staff kitchen 15.81$ 15-Jan-16 15-Jan-16 Coles 0299 Morning Tea for staff going away 94.74$

Total AUD 124.36$

Ashely Edwards

Posting Date Tran Date Supplier Transaction Descript** Amount 18-Jan-16 18-Jan-16 Coles 0299 Catering museum volunteers meeting 10.00$

Total AUD 10.00$

David Vinicombe

Posting Date Tran Date Supplier Transaction Descript** Amount 18-Jan-16 14-Jan-16 Dvg Mountway Chrys J Mel Car Service 1EIP 915 690.04$ 18-Jan-16 14-Jan-16 Dvg Mountway Chrys J Mel Car Service 1EIP 915 708.88$ 20-Jan-16 19-Jan-16 Auto Masters Cottesloe Car Service 1EMM 326 395.00$

Total AUD 1,793.92$

Debbie Thompson

Posting Date Tran Date Supplier Transaction Descript** Amount 4-Jan-16 4-Jan-16 Coles 0299 Fruit & milk for Ops Centre 15.21$ 5-Jan-16 5-Jan-16 Bob Jane T Mart Clar 2 puncture repairs - 1EJO 567 70.00$ 6-Jan-16 5-Jan-16 Richards Tyres Pty Pucture repair for Jackie's vehicle 40.00$ 6-Jan-16 5-Jan-16 Eb 2016 Wa Wetland Ma Wetlands Conference for Jackie & Cloe 126.78$ 7-Jan-16 6-Jan-16 Duluxgroup Pots for BVT planters 252.18$ 8-Jan-16 7-Jan-16 Sprayline Spraying Equ Repair water pump on concrete saw 117.54$

11-Jan-16 7-Jan-16 Bunnings 483000 Various items 96.17$ 14-Jan-16 14-Jan-16 Coles 0299 Fruit & kitchen items for Ops Centre 28.40$ 19-Jan-16 19-Jan-16 Coles 0299 Fruit and tea for Ops Centre 18.31$ 20-Jan-16 18-Jan-16 Bunnings 391000 Materials for repairs at Tennis Court 45.69$ 20-Jan-16 18-Jan-16 Bunnings 483000 Items for Jetty Rd toilets & Street trees 48.62$ 21-Jan-16 19-Jan-16 Bunnings 483000 Toilet roll holder for Jetty Rd toilets 6.80$ 21-Jan-16 19-Jan-16 Bunnings 317000 Concrete for Avion Way 97.50$ 22-Jan-16 20-Jan-16 Bunnings 483000 Distilled water for Lake water testing 6.70$

22-Jan-16 20-Jan-16 Jb Hi Fi Spare charger for Iphones in Ops Centre 25.95$ 25-Jan-16 22-Jan-16 Bunnings 483000 Minor tools 110.38$

Total AUD 1,106.23$

Elizabeth Ledger

Posting Date Tran Date Supplier Transaction Descript** Amount 14-Jan-16 14-Jan-16 Traffic Safety Syste Impact protection for low ceiling 289.76$ 20-Jan-16 18-Jan-16 Cake Zone Wa Pty Ltd Osb Customer Experience Charter Launch 50.00$ 22-Jan-16 20-Jan-16 Cake Zone Wa Pty Ltd Osb Customer Experience Launch 258.00$ 25-Jan-16 23-Jan-16 Adobe Creative Cloud Adobe subscription 49.99$

Total AUD 647.75$

Fiona Crossan

Posting Date Tran Date Supplier Transaction Descript** Amount 5-Jan-16 3-Jan-16 Ventraip Australia Pty Lt Museum website 5.95$

18-Jan-16 15-Jan-16 Mei & Picchi Aust Pt Flexible child 361.00$ 22-Jan-16 21-Jan-16 Knitwit Australia Cloth for backdrops 91.00$

Total AUD 457.95$

Hitesh Hans

Posting Date Tran Date Supplier Transaction Descript** Amount 5-Jan-16 3-Jan-16 Cpa Australia Ltd CPA Aust membership Cost 710.00$ 8-Jan-16 8-Jan-16 Coles 0299 Coles Goods for Children's Activities 5.74$

11-Jan-16 8-Jan-16 Bunnings 483000 bunnings goods for Library 36.87$ 14-Jan-16 12-Jan-16 Caltex Nedlands Caltex Gas Bottle recouped Staff Club 82.95$ 14-Jan-16 12-Jan-16 Bunnings 483000 Bunnings BBQ recoped Staff Club 189.00$ 20-Jan-16 20-Jan-16 Coles 0299 Library refreshment for school Holiday actv 62.98$ 21-Jan-16 20-Jan-16 Claremont Toyworld Library-ToyWorld Toys for Children't Activities 50.36$ 22-Jan-16 20-Jan-16 Bunnings 483000 Library -Bunnings goods for Children's Activitie 21.69$ 22-Jan-16 20-Jan-16 Bunnings 483000 Bunning Credit for Payment 57.74-$ 22-Jan-16 20-Jan-16 Bunnings 483000 Bunnings offset by credit 57.74$ 28-Jan-16 27-Jan-16 Coles 0379 Coles Drinks recouped Social Club 77.40$ 28-Jan-16 28-Jan-16 Home Style Cake Lunc Homestyle Food recouped staff Club 110.00$ 28-Jan-16 28-Jan-16 Coles 0299 Coles Food recouped Staff Club 114.87$

Debit Total AUD 1,519.60$ Credit Total AUD 57.74-$ Total AUD 1,461.86$

Jane Carter

Posting Date Tran Date Supplier Transaction Descript** Amount 14-Jan-16 12-Jan-16 Bunnings 483000 Cable ties for temporary way finding signage. 20.56$ 28-Jan-16 27-Jan-16 Stk*shutterstock, Inc. Subscription to stock images. 229.00$

Total AUD 249.56$

Katie Bovell

Posting Date Tran Date Supplier Transaction Descript** Amount 13-Jan-16 12-Jan-16 Knick Pty Limited Dry cleaning table cloths for OCM dinner 50.00$ 18-Jan-16 18-Jan-16 Officeworks 0602 Stationery for leasing files 165.04$ 18-Jan-16 18-Jan-16 Officeworks 0604 Stionery for leasing files 192.63$ 19-Jan-16 19-Jan-16 Officeworks 0602 Stationery for leasing files 82.39$ 20-Jan-16 20-Jan-16 Officeworks 0604 Stationery for leasing files 54.82$

Total AUD 544.88$

Lisa Russell

Posting Date Tran Date Supplier Transaction Descript** Amount 27-Jan-16 27-Jan-16 Coles 0282 Purchased by mistake on Card - reimbursed 35.00$

Total AUD 35.00$

Louise Townsend

Posting Date Tran Date Supplier Transaction Descript** Amount 4-Jan-16 4-Jan-16 Coles 0299 Milk for Corp office 4.00$

15-Jan-16 14-Jan-16 Dannys Shoe Repair Keys for Ranger Caddy Shed 17.00$ 21-Jan-16 20-Jan-16 Red Dot Chalk for Rangers 31.92$ 25-Jan-16 23-Jan-16 Bunnings 451000 Digger for soil sampling 79.98$ 27-Jan-16 25-Jan-16 Analytical Reference Soil sampling 181.50$

Total AUD 314.40$

Maryanne Martino

Posting Date Tran Date Supplier Transaction Descript** Amount 4-Jan-16 31-Dec-15 Facebk *gfl65922v2 Claremont Now Christmas Activation 258.21$

13-Jan-16 13-Jan-16 Gallery Of Claremont Staff's leaving card 9.99$ 15-Jan-16 14-Jan-16 Scarboro Toyota Vehicle Service 1ESB 116 292.63$ 20-Jan-16 20-Jan-16 Coles 0299 Marketing workshop 12.35$ 20-Jan-16 20-Jan-16 Temptations Marketing workshop 240.00$ 21-Jan-16 20-Jan-16 St John Ambulance Aust First Aid Kit for small events 149.50$

Total AUD 962.68$

Nicholas King

Posting Date Tran Date Supplier Transaction Descript** Amount 27-Jan-16 22-Jan-16 City Toyota Nor Toyota Rav 4 Service 1EPQ239 628.68$

Total AUD 628.68$

Sarah Liddiard

Posting Date Tran Date Supplier Transaction Descript** Amount

18-Jan-16 16-Jan-16 Officeworks 0619 Year planners, glu tack. alphabet letters 39.38$ 25-Jan-16 24-Jan-16 Isubscribe Pty Ltd Magazine subscriptions online renewal 399.95$ 27-Jan-16 25-Jan-16 Pacific Magazines Online magazine subscription renewal 65.00$

Total AUD 504.33$

Sean Badani

Posting Date Tran Date Supplier Transaction Descript** Amount 5-Jan-16 5-Jan-16 Sensis Melbourne Sensis charges 91.77$ 6-Jan-16 4-Jan-16 Caltex Nedlands Staff room milk 5.00$ 6-Jan-16 4-Jan-16 Jacks Wholefoods And GrocStaff room fruit 34.46$ 6-Jan-16 4-Jan-16 Bunnings 368000 A/C Unit for office 429.00$ 6-Jan-16 6-Jan-16 Town Of Claremont Food preperation licence 154.00$

11-Jan-16 7-Jan-16 Bunnings 483000 Purchase safety tape 4.69$ 11-Jan-16 8-Jan-16 Bunnings 483000 Purchase safety tape 35.82$ 11-Jan-16 8-Jan-16 Bunnings 483000 BBQ Gas 39.70$ 11-Jan-16 8-Jan-16 Good Guys Cockburn Microwave oven for staff room 198.00$ 13-Jan-16 11-Jan-16 Nedlands Supa Iga Staff room milk 4.78$ 13-Jan-16 11-Jan-16 Jacks Wholefoods And GrocFruit for staff room 41.44$ 14-Jan-16 12-Jan-16 Bunnings 483000 Hose and fittings 34.16$ 14-Jan-16 12-Jan-16 Bunnings 483000 Replace missing shower taps 47.44$ 14-Jan-16 14-Jan-16 Coles 0299 Staff room milk 21.79$ 14-Jan-16 14-Jan-16 Coles 0299 Fruit and milk for staff room 75.30$ 18-Jan-16 14-Jan-16 Bunnings 483000 Safety equipment and battery 75.34$ 18-Jan-16 15-Jan-16 Bunnings 483000 Safety hoogs for pool deck 25.96$ 18-Jan-16 18-Jan-16 Coles 0299 Fruit for staff room 42.28$ 21-Jan-16 21-Jan-16 Coles 0299 Pool event BBQ food 134.00$ 21-Jan-16 21-Jan-16 Coles 0299 Pool event BBQ food 142.50$ 22-Jan-16 20-Jan-16 Bunnings 483000 Pool cleaner power box 150.84$ 22-Jan-16 22-Jan-16 Coles 0299 Staff room milk 52.00$

Total AUD 1,840.27$

Stephen Goode

Posting Date Tran Date Supplier Transaction Descript** Amount 15-Jan-16 14-Jan-16 Public Transport Aut CEO public transport card 60.00$ 27-Jan-16 25-Jan-16 Apple Store R386 Phone repair 169.00$ 28-Jan-16 27-Jan-16 Public Transport Aut CEO public transport card 60.00$

Total AUD 289.00$

Total 10,998.32$


Page 36

13.2.3 NEW PARKING LOCAL LAW

File Ref: LAW/00279 Attachments: Parking Local Law 2016

Summary of Amendments Responsible Officer: Les Crichton

Executive Manager Corporate and Governance Author: Brian Kavanagh

Manager Statutory Services Proposed Meeting Date: 15 March 2016

Purpose The report recommends Council review and repeal the Town of Claremont’s Parking Local Law 2012 and advertises the draft Town’s Parking Local Law 2016 in accordance with section 3.12 of the Local Government Act 1995.

Background Council adopted the Town’s Parking Local Law 2012 on 19 March 2013. This resolution effectively revoked the former Town of Claremont Parking and Facilities Local Law 2009. The Town’s Parking Local Law 2012 was gazetted on the 23 May 2013 and came into effect on the 6 June 2013. A review of the current local law has been undertaken and the new local law is proposed.

Discussion The most significant change included in the proposed Parking Local Law 2016 is removal of sections of Part 8 (Parking Permits) to allow these to be dealt with greater flexibility under Council Policy. Administration is currently finalising the parking precinct plan which includes review of the parking permit system as detailed at the Council Forum held 16 November 2015.

The balance of the changes seek to remove areas of ambiguity or confusion within the current local law to provide further clarity to the public and enforcement officers, and to increase some penalties to current industry levels. An explanation of the changes are detailed below and copies of the current (2012) and proposed (2016) clauses are provided for comparative purposes in Attachment 2. 1. The definition of ‘obstruct’ in clause 1.4 has been deleted. The existing

definition of ‘obstruct’ was narrower than the common law legal definition of that term and it would be better to rely on the latter interpretation.

2. Clause 1.6(2) has been amended to exclude reference to clause 4.10. That is,

clause 1.6(2) provides that the Local Law will not apply to private parking facilities or parking stations. However, clause 4.10 should continue to apply to private parking facilities as the Town issues infringement notices for vehicles which are parked without consent in these private parking facilities.

3. Clause 2.8 has been deleted and replaced with alternative wording. The new

clause will be easier to enforce as it strictly requires a ticket applicable to the


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relevant parking area to be purchased and displayed in such a way as to be visible to an authorised person.

4. Clause 3.7 has been amended on the same basis as clause 2.8. 5. Clause 3.8(1)(e) has been inserted to address circumstances in which a vehicle

is parked in a parking station without being wholly parked within a parking stall. In the absence of specific signage to that effect in all relevant parking stations, the Town arguably did not have a basis for enforcing parking restrictions in those circumstances.

6. Clause 4.1(2)(b) has been amended to clarify the circumstances in which the

holder of an ACROD sticker will be entitled to park for twice the permitted time. 7. Clause 4.1(4) has been deleted. The Town considers that motor cycles should

be entitled to park in ordinary parking stalls. 8. Clause 4.6 has been amended to include circumstances where a person parks

‘or leaves’ a vehicle on a thoroughfare having been directed to move the vehicle by an authorised person. For a vehicle which has already been parked prior to the direction being given, or where the vehicle has been parked by a person who is no longer capable of moving the vehicle, the inclusion of ‘or leave’ provides broader powers for the Town to require vehicles to be moved.

9. Clause 4.8 has been replaced with new wording to more easily establish

discrete offences in relation to vehicles which are parked for longer than the permitted time. The previous provisions required the Town to either allege that the vehicle had been parked for longer than the permitted time or allege that the vehicle had been moved within the relevant area without having been removed for more than 2 hours. The new provisions establish individual offences for vehicles which are parked for longer than the permitted time without being removed for at least 1 hour. There are two separate offences in relation to a road and a thoroughfare respectively. Clause 4.10 has been amended to rectify an incorrect reference to clause 1.6(2) within clause 4.10(1)(d). Furthermore, the effect of clause 4.10 will have been changed as a result of the proposed amendment to clause 1.6(2), which should enable the Town to enforce private parking restrictions for private parking facilities or parking stations.

10. Clause 6.1 has been replaced with new wording to provide a better means of enforcing parking in loading zones. While the effect of the new provision in similar to the existing provision, the proposed clause removes the reference to passengers and requires the relevant vehicle to be a commercial vehicle, rather than (for example) an ordinary vehicle being used to collect or deliver items to or from a retail shop.

11. Part 8 of the Local Law has been amended in a number of respects. Clauses

8.3, 8.4 and 8.6-8.13 have been removed from the Local Law. Those clauses formerly established the manner in which permits would be issued and the


Page 38

administration process associated with those permits. While the Town can retain the same process in the future, it is better for that process not to be formalised within the Local Law as the Town may want to change its process (without amending the Local Law) and also should not have to prove that is has complied with its process as part of a prosecution in respect of which a parking permit may be relevant.

Parking permits will continue to be issued by the Town and will continue to have the same effect for permit holders. However, removing those clauses from the Local Law and including them in a Council Policy allows the Town a greater level of flexibility in dealing with permit parking in the future. The proposed changes also include the consequential deletion of various defined terms which are no longer used and the inclusion of the concept of a ‘precinct’ in respect of which a parking permit may apply. The Local Law will no longer differentiate between ‘residential parking permits’ and ‘visitor parking permits’. The Local Law will broadly refer to ‘parking permits’ instead.

11. Clause 9.7 has been amended by removing reference to a vehicle which ‘obstructs’ a public place. A similar amendment has been carried out in relation to other recent parking local laws and effectively allows a local government to prohibit vehicles from being parked in a public place for more than 24 hours without having to prove that the vehicle caused an obstruction.

12. Clause 10.1(3) has been amended to include a minimum penalty of $300 upon

conviction by a Court for offences under the local law.

Clause 10.1(3) also establishes a maximum penalty of $5,000. However, for most parking offences, a Court will only impose the minimum penalty of $300. Still, a maximum penalty is appropriate (and typical) for a parking local law. There may be some circumstances – such as where a commercial vehicle is being parked unlawfully deliberately as part of a business operation – where a Court may impose penalties which exceed the minimum penalty.

13. Schedule 2 has been amended to include the new offence under clause 3.8(1)(e) and the two separate offences established under clauses 4.8(1) and 4.8(2) respectively. The 2016 Parking Local Law process will take about 6 to 9 months before being gazetted. Penalties have been increased (last increased in 2013) to reflect the time delay of implementing the 2016 Parking Local Law and industry standards.

14. Schedule 4 has been amended to include the complete land description and

details for the various parking stations identified therein.

Past Resolutions

Ordinary Council Meeting 4 February 2014, Resolution 5/14:


Page 39

That Council resolves to advertise the Town of Claremont Parking Local Law 2014, in accordance with section 3.12 of the Local Government Act 1995, the purpose and effect of which are: 1. Purpose: The purpose of this local law is to review the Parking Local Law 2012. 2. Effect: The effect of this local law is to control the parking within the Town of

Claremont for the benefit of the community.

Ordinary Council Meeting 20 August 2013 Resolution 249/13 That Council: 1. Amend the Town of Claremont Parking Local Law 2012 by repealing the $300

modified penalty at item 82 in Schedule 2 and amending this penalty to $120; 2. Advise the Joint Standing Committee on Delegated Legislation that until the

current Notice of Motion in the Legislative Council to disallow the Town of Claremont Parking Local Law 2012 is withdrawn, the $300 modified penalty will not be enforced;

3. Will not exclude “assistance animals” from Clause 4.1 of the Town of Claremont Dogs Local Law 2012 as defined in section 9(2) of the Disability Discrimination Act 1992 from public places in its district;

4. Will rectify drafting errors identified by the Joint Standing Committee on Delegated Legislation when the Dogs Local Law 2012 is next reviewed;

5 Ensure the Dogs Local Law 2012 is made publicly available, whether in hard copy or electronic form, it be accompanied by a copy of these undertakings; and

6. Provide the Joint Standing Committee on Delegated Legislation with a copy of these minutes.

Ordinary Council Meeting 19 March 2013, Resolution 43/13 ALTERNATIVE MOTION That Council adopt the draft Town of Claremont Parking Local Laws 2012 and Dogs Local Law 2012 (as per Attachments), in accordance with Section 3.12 of the Local Government Act 1995, the purpose and effect of which are: Parking Local Law 2012- 1. Purpose: The purpose of this local law is to repeal the Parking and Parking

Facilities Local Law 2009 and adopt the Parking Local Law 2012. 2. Effect: The effect of this local law is to control the parking within the Town of

Claremont for the benefit of the community. With the following Amendment - Except for the removal of the nominated days and times from the Local Law Schedule. Reason: To maintain the lessened restrictions on parking on Sunday’s in the Claremont CBD to benefit of the businesses of Claremont trying to build business for Sunday trade, and for the benefit of the general community. Dogs Local Law 2012-


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1. Purpose: The purpose of this local law is to repeal the Dogs Local Law 2000 and include new dog exercise areas and prohibited areas in the new Dogs Local Law 2012.

2. Effect: The effect of this local law is to control dogs within the Town of Claremont for the benefit of the community.

MOTION TO DEFER BACK That the item be deferred back to Administration. Reason: To enable further clarification on a number of clauses and fees proposed within the draft local laws.

Ordinary Council Meeting 21 August 2012, Resolution 157/12: That Council resolves to advertise the Town of Claremont Dogs Local Law 2012 and Town of Claremont Parking Local Laws 2012, in accordance with Section 3.12 of the Local Government Act 1995, the purpose and effect of which are: Dogs Local Law 2012- 1. Purpose: The purpose of this local law is to review the Dogs Local Law 2000

and include new dog exercise areas and prohibited areas. 2. Effect: The effect of this local law is to control dogs within the Town of

Claremont for the benefit of the community. Parking Local Law 2012- 1. Purpose: The purpose of this local law is to review the Parking and Parking

Facilities Local Law 2009.

2. Effect: The effect of this local law is to control the parking within the Town of Claremont for the benefit of the community.

Financial and Staff Implications Resource requirements are in accordance with existing budgetary allocation. Resource requirements are in accordance with existing budgetary allocation. Parking revenue is likely to increase although an amount cannot be forecast at this time.

Policy and Statutory Implications Sections 3.5 and 3.12 of the Local Government Act 1995 states- 3.5. Legislative power of local governments

1. A local government may make local laws under this Act prescribing all matters that are required or permitted to be prescribed by a local law, or are necessary or convenient to be so prescribed, for it to perform any of its functions under this Act.

2. A local law made under this Act does not apply outside the local government's district unless it is made to apply outside the district under section 3.6.

3. The power conferred on a local government by subsection (1) is in addition to any power to make local laws conferred on it by any other Act.

4. Regulations may set out –


Page 41

(a) matters about which, or purposes for which, local laws are not to be made; or

(b) kinds of local laws that are not to be made, and a local government cannot make a local law about such a matter, or for such a purpose or of such a kind

5. Regulations may set out such transitional arrangements as are necessary or convenient to deal with a local law ceasing to have effect because the power to make it has been removed by regulations under subsection (4).

3.12. Procedure for making local laws 1. In making a local law a local government is to follow the procedure described

in this section, in the sequence in which it is described. 2. At a council meeting the person presiding is to give notice to the meeting of

the purpose and effect of the proposed local law in the prescribed manner.

3. The local government is to – (a) give Statewide public notice stating that –

(i) the local government proposes to make a local law the purpose and effect of which is summarized in the notice;

(ii) a copy of the proposed local law may be inspected or obtained at any place specified in the notice; and

(iii) submissions about the proposed local law may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given;

(b) as soon as the notice is given, give a copy of the proposed local law and a copy of the notice to the Minister and, if another Minister administers the Act under which the local law is proposed to be made, to that other Minister; and

(c) provide a copy of the proposed local law, in accordance with the notice, to any person requesting it.

3a. A notice under subsection (3) is also to be published and exhibited as if it were a local public notice.

4. After the last day for submissions, the local government is to consider any submissions made and may make the local law* as proposed or make a local law* that is not significantly different from what was proposed.

* Absolute Majority Required. 5. After making the local law, the local government is to publish it in the

Gazette and give a copy of it to the Minister and, if another Minister administers the Act under which the local law is proposed to be made, to that other Minister.

6. After the local law has been published in the Gazette the local government is to give local public notice – (a) stating the title of the local law; (b) summarizing the purpose and effect of the local law (specifying the

day on which it comes into operation); and


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(c) advising that copies of the local law may be inspected or obtained from the local government's office.

7. The Minister may give directions to local governments requiring them to provide to the Parliament copies of local laws they have made and any explanatory or other material relating to them.

8. In this section – making ~ in relation to a local law, includes making a local law to amend the text of, or repeal, a local law.

The Local Government (Functions and General) Regulations 1996 states- 3. Notice of purpose and effect of proposed local law - s. 3.12(2)

For the purpose of section 3.12, the person presiding at a council meeting is to give notice of the purpose and effect of a local law by ensuring that – (a) the purpose and effect of the proposed local law is included in the

agenda for that meeting; and (b) the minutes of the meeting of the council include the purpose and

effect of the proposed local law.

Communication / Consultation The draft Parking Local Law 2016 advertised as required by section 3.12 of the Local Government Act 1995. The Council to consider any submissions and resolves to make a local law. The local government is to publish the local law in the Gazette and provide a copy of it to the Minister. The draft 2016 Parking Local Law is required to be advertised for 6 weeks plus 1 day (43Days).

Strategic Community Plan Liveability We are an accessible community, with well maintained and managed assets, and our heritage preserved for the enjoyment of the community.

• Develop the public realm as gathering spaces for participation and enjoyment. People We live in an accessible and safe community that welcomes diversity, enjoys being active and has a strong sense of belonging.

• Play an integral role in local safety and crime prevention.

Urgency N/A



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OFFICER RECOMMENDATION That Council advertise the Town of Claremont draft Parking Local Laws 2016, in accordance with Section 3.12 of the Local Government Act 1995- (a) Purpose: To regulate parking of vehicles within the Town of Claremont

and provide for management and operation of parking facilities under the control of the Town. This repeals Parking Local Law 2012.

(b) Effect- A person parking a vehicle within the Town is to comply with the provisions of this Local Law.

COPORATE

PARKING LOCAL LAW

PARKING LOCAL LAW 2016

15 MARCH 2016

ATTACHMENT 1

PAGES 38

TOWN OF CLAREMONT

Local Government Act 1995

Parking Local Law 2016


Town of Claremont

Parking Local Law 2016

_____________________________________________

CONTENTS _____________________________________________

Part 1 - Preliminary

1.1 Citation

1.2 Commencement

1.3 Repeal

1.4 Interpretation

1.5 Application

1.6 Application and pre-existing signs

1.7 Classes of vehicles

1.8 Part of thoroughfare to which sign applies

1.9 Powers of the Local Government

Part 2 - Metered zones

2.1 Determination of metered zones

2.2 Parking fee to be paid

2.3 Limitation on parking in metered bay

2.4 No parking when meter is expired

2.5 Suspension of requirement to pay fee

2.6 Vehicles to be within metered bay

2.7 Permitted insertions in parking meters

2.8 Parking ticket to be displayed

2.9 One vehicle per metered bay

2.10 No parking when hood on meter

Part 3 - Parking stalls and parking stations

3.1 Determination of parking stalls and parking stations

3.2 Vehicles to be within parking stall on thoroughfare

3.3 Payment of fee to park in a parking station

3.4 Suspension of parking station restrictions

3.5 Vehicle not to be removed until fee paid

3.6 Entitlement to receipt


3.8 Parking prohibitions and restrictions

Part 4 - Parking generally

4.1 Restrictions on parking in particular areas

4.2 Parking vehicle on a carriageway

4.3 When parallel and right-angled parking apply

4.4 When angle parking applies

4.5 General prohibitions on parking

4.6 Authorised person may order vehicle on thoroughfare to be moved

4.7 Authorised person may mark tyres

4.8 No movement of vehicles to avoid time limitation

4.9 No parking of vehicles exposed for sale and in other circumstances

4.10 Parking on private land

4.11 Parking on reserves

4.12 Suspension of parking limitations for urgent, essential or official duties

Part 5 - Parking and stopping generally

5.1 No stopping

5.2 No parking

5.3 No stopping on a carriageway with yellow edge lines

5.4 Parking or stopping in a clearway

5.5 Parking or stopping in rights of way

Part 6 - Stopping in zones for particular vehicles

6.1 Stopping in a loading zone

6.2 Stopping in a taxi zone or a bus zone

6.3 Stopping in a mail zone

6.4 Other limitations in zones

Part 7 - Other places where stopping is restricted

7.1 Stopping in a shared zone

7.2 Double parking

7.3 Stopping near an obstruction

7.4 Stopping on a bridge or in a tunnel, etc.

7.5 Stopping on crests, curves, etc.

7.6 Stopping near a fire hydrant etc

7.7 Stopping at or near a bus stop

7.8 Stopping on a path, median strip, or traffic island

7.9 Stopping on verge

7.10 Obstructing access to and from a path, driveway, etc.

7.11 Stopping near a letter box

7.12 Stopping on a carriageway – heavy and long vehicles

7.13 Stopping on a carriageway with a bicycle parking sign

7.14 Stopping on a carriageway with motor cycle parking sign

7.15 Stopping in a parking stall for people with disabilities

Part 8 - Parking permits

8.1 Terms used in this Part

8.2 Issue of a parking permit

8.3 Effect of a parking permit

Part 9 - Miscellaneous

9.1 Removal of notices on vehicle

9.2 Unauthorised signs and defacing of signs

9.3 Interfere with or damage Council property

9.4 Signs must be complied with

9.5 General provisions about signs

9.6 Special purpose and emergency vehicles

9.7 Vehicles not to obstruct a public place

9.8 Causing or attempting to cause damage to Council property

Part 10 - Penalties

10.1 Offences and penalties

10.2 Form of notices

Schedule 1 - Parking Region

Schedule 2 - Prescribed Offences

Schedule 3 - Forms

Schedule 4 - Deemed parking stations


Town of Claremont

Parking Local Law 2016 Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the Town of Claremont resolved on (insert date) to make the following local law.

Part 1 - Preliminary

1.1 Citation

This local law may be cited as the Town of Claremont Parking Local Law 2016.

1.2 Commencement

This local law will come into operation 14 after the date of its publication in the Government Gazette.

1.3 Repeal

The Town of Claremont Parking Local Law 2012 as published in the Government Gazette on 23 May 2013 is repealed.

1.4 Interpretation

In this local law unless the contrary intention appears:

ACROD Sticker has the meaning given to it by the Local Government (Parking for Disabled Persons) Regulations 1988;

Act means the Local Government Act 1995;

authorised person means a person appointed by the local government under section 9.10 (1) of the Act, to perform any of the functions of an authorised person under this local law;

authorised vehicle means a vehicle authorised by the local government, the CEO, or an authorised person or by any written law to park on a thoroughfare or parking facility;

bay includes stall and space;

bicycle has the meaning given to it in the Code;

bicycle path has the meaning given to it in the Code;

bus has the meaning given to it in the Code;

bus embayment has the meaning given to it in the Code;

bus stop has the meaning given to it in the Code;

bus zone has the meaning given to it in the Code;

caravan has the meaning given by the Caravans Parks and Camping Grounds Act 1995;

carriageway means a portion of road that is improved, designed or ordinarily used for vehicular traffic and includes the shoulders, and areas, including embayments, at the side or centre of the carriageway, used for the stopping or parking of vehicles; and where a road has two or more of those portions divided by a median strip, the expression means each of those portions, separately;

centre in relation to a carriageway, means a line or a series of lines, marks or other indications:

a) for a two-way carriageway – placed so as to delineate vehicular traffic travelling in different directions; or

b) in the absence of any such lines, marks or other indications – the middle of the main, travelled portion of the carriageway;

CEO means the Chief Executive Officer of the local government;

children’s crossing has the meaning given to it in the Code;

Code means the Road Traffic Code 2000;

coin means any coin which is legal tender under the Currency Act 1965 (Commonwealth);

commercial vehicle means a motor vehicle constructed for the conveyance of goods or merchandise, or for the conveyance of materials used in any trade, business, industry or work whatsoever, other than a motor vehicle for the conveyance of passengers, and includes any motor vehicle that is designed primarily for the carriage of persons, but which has been fitted or adapted for the conveyance of the goods, merchandise or materials referred to, and is in fact used for that purpose;

detection device means an electronic device placed in any position to detect or record the parking time of a vehicle on any road, parking station or other public place and includes any instruments, display panels or transmitting apparatus associated with the device;

district means the district of the local government;

driver means any person driving or in control of a vehicle;

driveway means the portion of land which lies between the boundary of a carriageway and the adjacent property line that is constructed for the purpose of ingress and egress to and from the property, not being the footpath and evidenced, for example, by paving or concrete and also includes the term cross- over;

edge line for a carriageway means a line marked along the carriageway at or near the far left or the far right of the carriageway;

emergency vehicle has the meaning given to it in the Code; fire hydrant has the meaning given to it by the Code;

fire hydrant has the meaning given to it by the Code;

footpath has the meaning given to it in the Code;

GVM (which stands for “gross vehicle mass”) has the meaning given to it in the Code;

kerb means any structure, mark, marking or device used to delineate or indicate the edge of a carriageway;

loading zone means a parking stall or area which is set aside for use by commercial vehicles if there is a sign referable to that stall marked ‘Loading Zone’;

local government means the Town of Claremont;

mail zone has the meaning given to it in the Code;

maximum period means the maximum period for which a vehicle may be parked as stated on a ticket issuing machine or sign in the ticket machine zone;

median strip has the meaning given to it in the Code;

metered bay means a section or part of a metered zone that is marked or defined by painted lines or by metallic studs or similar devices for the purpose of indicating where a vehicle may be parked on payment of a fee or charge;

metered zone means any thoroughfare or reserve, or part of any thoroughfare or reserve, in which parking meters regulate the parking of vehicles;

money means any legal tender under the Currency Act 1965 (Commonwealth);

motorcycle has the meaning given to it in the Code;

motor vehicle has the meaning given to it by the Code;

no parking area means

a) a portion of carriageway to which a “no parking” sign applies; or

b) an area to which a “no parking” sign applies;

no parking sign means a sign with the words “no parking” in red letters on a white background, or the letter “P” within a red annulus and a red diagonal line across it on a white background;

no stopping area means

a) a portion of carriageway to which a “no stopping” sign applies; or

b) an area to which a “no stopping” sign applies;

no stopping sign means a sign with the words “no stopping” or “no standing” in red letters on a white background or the letter “S” within a red annulus and a red diagonal line across it on a white background;

occupier has the meaning given to it in the Act;

a. “owner”

i. where used in relation to a vehicle licensed under the Road Traffic Act, means the person in whose name the vehicle has been licensed under that Act;

ii. where used in relation to any other vehicle, means the person who owns, or is entitled to possession of that vehicle; and

iii. where used in relation to land, has the meaning given to it by the Act;

b. “park”, in relation to a vehicle, means to permit a vehicle, whether attended or not by any person, to remain stationary except for the purpose of:

i. avoiding conflict with other traffic; or

ii. complying with the provisions of any law; or

iii. taking up or setting down persons or goods (for a maximum of two minutes);

parking area has the meaning given to it in the Code;

parking facilities includes any land, buildings, shelters, road, parking area, metered zone; ticket machine, parking bay, parking station, attended parking station, parking stalls or other facility open to the public generally for the parking of vehicles whether or not a fee is charged, and includes any signs, notices and facilities used in connection with the parking of vehicles;

parking meter includes the stand on which the meter is erected and a ticket issuing machine;

parking region means the area described in Schedule 1;

parking stall means a section or part of a thoroughfare or of a parking station which is marked or defined by painted lines, metallic studs, coloured bricks or pavers or similar devices for the purpose of indicating where a vehicle may be parked, but does not include a metered space;

parking station means any land, or structure provided for the purpose of accommodating vehicles;

parking ticket means a ticket which is issued from a ticket issuing machine and which authorises the parking of a vehicle in a parking stall or a parking station or part of a parking station;

path has the meaning given to it by the Code;

pedestrian crossing has the meaning given to it in the Code;

permit means a permit issued under this local law;

permitted period means the period stated on the ticket issuing machines in the parking station during which the parking of vehicles is permitted upon the purchase of a parking ticket;

public place means any place to which the public has access whether or not that place is on private property and whether or not a fee is payable for such access;

reserve includes any land:

a) owned by or vested in the local government;

b) of which the local government is the management body under the Land Administration Act 1997; or

c) which is an 'otherwise unvested facility' within section 3.53 of the Act;

road means a highway, road or street open to, or used by, the public and includes every carriageway, footpath, reservation, median strip and traffic island thereon;

Road Traffic Act means the Road Traffic Act 1974;

Schedule means a Schedule to this local law;

shared zone has the meaning given to it in the Code;

sign includes a traffic sign, inscription, road marking, mark, structure or device approved by the local government on which may be shown words, numbers, expressions or symbols, and which is placed on or near a thoroughfare or within a parking station or reserve for the purpose of prohibiting, regulating, guiding, directing or restricting the parking or stopping of vehicles;

special purpose vehicle has the meaning given to it in the Code;

stop in relation to a vehicle means to stop a vehicle and permit it to remain stationary, except for the purposes of avoiding conflict with other traffic or of complying with the provisions of any law

taxi means a taxi within the meaning of the Taxi Act 1994 or a taxi-car in section 47Z of the Transport Co-ordination Act 1966;

taxi zone has the meaning given to it in the Code;

thoroughfare has the meaning given to it in the Act;

ticket issuing machine means a parking meter which issues, as a result of money being inserted in the machine or such other form or payment as may be permitted to be made, a ticket showing the period during which it is lawful to remain parked in a metered space to which the machine is referable;

ticket machine zone means a parking facility in which a ticket issuing machine is installed;

traffic-control signal has the meaning given to it by the Code

traffic island has the meaning given to it in by the Code;

trailer means any vehicle without motive power of its own, designed for attachment to a motor vehicle for the purpose of being towed, but does not include the rear portion of an articulated vehicle, or a side car;

vehicle has the meaning given to it in the Code; and

verge means the portion of a thoroughfare which lies between the boundary of a carriageway and the adjacent property line but does not include a footpath.

1.5 Application

(1) For the purposes of the application of the definitions “no parking area”, “no stopping area” and “parking area” an arrow inscribed on a sign erected at an angle to the boundary of the carriageway is taken to be pointing in the direction in which it would point, if the signs was turned at an angle of less than 90 degrees until parallel with the boundary.

(2) Unless the contrary intention appears, where a term is used, but not defined, in this local law, and that term is defined in the Road Traffic Act or in the Code, then the term is to have the meaning given to it in that Act or the Code

1.6 Application and pre-existing signs

(1) Subject to sub-clause (2), this local law applies to the parking region.

(2) This local law, except for clause 4.10 of this local law, does not apply to a parking facility or a parking station that is not occupied by the local government, unless the local government and the owner or occupier of that facility or station have agreed in writing that this local law is to apply to that facility or parking station.

(3) The agreement referred to in sub-clause (2) may be made on such terms and conditions as the parties may agree.

(4) Where a parking facility or a parking station is identified in Schedule 4, then the facility or station is taken to be a parking station to which this local law applies and it must not be necessary to prove that it is the subject of an agreement referred to in sub-clause (2).

(5) A sign that -

(a) was erected by the local government or the Commissioner of Main Roads prior to the coming into operation of this local law; and

(b) relates to the parking of vehicles within the parking region,

is to be deemed to have been erected by the local government under this local law.

(6) An inscription on a sign referred to in sub-clause (5) operates and has effect according to its tenor, and where the inscription relates to the stopping of vehicles, is taken for the purposes of this local law to operate and have effect as if it related to the parking of vehicles.

(7) The provisions of Parts 2, 3, 4 and 5 do not apply to a bicycle parked at a bicycle rail or bicycle rack.

1.7 Classes of vehicles

For the purpose of this local law, vehicles are divided into classes as follows:

(a) buses;

(b) commercial vehicles;

(c) motorcycles and bicycles;

(d) taxis; and

(e) all other vehicles.

1.8 Part of thoroughfare to which sign applies

Where under this local law the parking of vehicles in a thoroughfare is controlled by a sign, the sign is to be read as applying to that part of the thoroughfare which:

(a) lies beyond the sign; or

(b) lies between the sign and the next sign beyond that sign and is on that side of the thoroughfare nearest to the sign.

1.9 Powers of the Local Government

The local government may prohibit or regulate by signs or otherwise, the stopping or parking of any vehicle or any class of vehicles in any part of the parking region but must do so consistently with the provisions of this local law.

Part 2 - Metered zones

2.1 Determination of metered zones

(1) The local government may, by resolution, constitute, determine and vary and metered spaces and metered zones.

(2) Where the local government makes a determination under subclause (1) it shall erect signs to give effect to the determination.

2.2 Parking fee to be paid

Subject to clause 2.5, a person must not park a vehicle in a metered bay unless the appropriate fee as indicated by a sign on the parking meter referable to the space is inserted into the parking meter.

2.3 Limitation on parking in metered bay

The payment of a fee under clause 2.2 entitles a person to park the vehicle in a metered bay for the period shown on the parking meter, but does not authorise the parking of the vehicle during any time when parking in that bay may be prohibited in accordance with this local law.

2.4 No parking when meter is expired

Subject to clause 2.5, a person must not leave or permit a vehicle to remain parked in a metered bay during the hours when a fee is payable to park the vehicle in the space when the parking meter referable to that space exhibits the sign “Expired” or a negative time.

2.5 Suspension of requirement to pay fee

The local government may from time to time by a resolution declare that the provisions of clauses 2.2 and 2.4 are not to apply during the periods and days specified in the resolution.

2.6 Vehicles to be within metered bay

(1) Subject to sub-clause (2), a person must not park a vehicle in a metered bay in a thoroughfare otherwise than parallel to and as close to the kerb as practicable and wholly within the bay, provided that where a metered bay is set out otherwise than parallel to the kerb the vehicle need only park wholly within the bay.

(2) If a vehicle is too long or too wide to fit completely within a single metered bay then the person parking the vehicle must do so within the minimum number of metered bays needed to park that vehicle.

(3) A person must not park a vehicle partly within and partly outside a metered zone.

2.7 Permitted insertions in parking meters

(1) A person must not insert into a parking meter anything other than the designations of coin or banknote or such other permitted form of payment indicated by a sign on the parking meter.

(2) The insertion of a coin or banknote into any parking meter or the making of payment in such other form as may be permitted is to be effected only in accordance with the instructions printed on that particular meter.


A person shall not stop or park a vehicle in a metered zone which is regulated by a ticket issuing machine during any period for which a fee is payable unless an unexpired parking ticket applicable to that metered zone is displayed inside the vehicle, so that the date, expiry time and the number (if any) on the ticket are clearly visible to and able to be read by an authorised person from outside the vehicle, at all times while the vehicle remains stopped or parked in that metered zone.

2.9 One vehicle per metered bay

A person must not park or attempt to park a vehicle in a metered space in which another vehicle is parking.

2.10 No parking when hood on meter

Notwithstanding any other provision of this local law and notwithstanding any other sign or notice, a person must not park a vehicle in a metered space if the parking meter referable to the metered bay has a hood marked “No Parking”, “Reserved Parking” or “Temporary Bus Stand” or equivalent signage depicting these purposes except with the written permission of the local government or an authorised person.

Part 3 - Parking stalls and parking stations

3.1 Determination of parking stalls and parking stations

(1) The local government may, by resolution, constitute, determine and vary:

(a) parking stalls

(b) parking facilities;

(c) permitted time and conditions of parking in parking stalls and parking stations which may vary with the locality;

(d) permitted classes of vehicles which may park in parking stalls and parking stations;

(e) permitted classes of persons who may park in specified parking stalls or parking stations;

(f) the manner of parking in parking stalls and parking stations;

(g) metered bays and metered zones; and

(h) ticket issuing zones.

(2) Where the local government makes a determination under subclause (1), the local government is to erect signs to give effect to the determination.

3.2 Vehicles to be within parking stall on thoroughfare

(1) Subject to sub-clause (2) and (3), a person must not park a vehicle in a parking stall in a thoroughfare otherwise than:

(a) parallel to and as close to the kerb as is practicable; (b) wholly within the stall; and

(b) headed in the direction of the movement of traffic on the side of the thoroughfare in which the stall is situated.

(2) Subject to sub-clause (3) where a parking stall in a thoroughfare is set out otherwise than parallel to the kerb, then a person must park a vehicle in that stall wholly within it.

(3) A person must not park a vehicle partly within and partly outside a parking area.

3.3 Payment of fee to park in a parking station

A person shall not park a vehicle or permit a vehicle to remain parked in any parking station during any period for which a fee is payable unless:

(a) in the case of a parking station having an authorised person on duty, the appropriate fee is paid when demanded; or

(b) in the case of a parking station equipped with parking meters, the appropriate fee is inserted in the meter or the required payment is made in such other form as may be permitted.

3.4 Suspension of parking station restrictions

The local government may by resolution declare that the provisions of clause 3.3 do not apply during periods on particular days in relation to particular parking stations as specified in such resolution.

3.5 Vehicle not to be removed until fee paid

A person shall not remove a vehicle which has been parked in a parking station until there has been paid the appropriate fee for the period for which the vehicle has been parked.

3.6 Entitlement to receipt

A person paying a fee at a parking station is to be entitled to receive a receipt on demand showing the period of parking covered by such payment.


A person shall not stop or park a vehicle in a parking station which is equipped with a ticket issuing machine during any period for which a fee is payable unless an unexpired parking ticket applicable to that parking station is displayed inside the vehicle, so that the date, expiry time and the number (if any) on the ticket are clearly visible to and able to be read by an authorised person from outside the vehicle, at all times while the vehicle remains stopped or parked in the parking station.

3.8 Parking prohibitions and restrictions

(1) A person must not:

(a) park a vehicle so as to obstruct an entrance to, or an exit from a parking station or parking stall, or an access way within a parking station or parking stall;

(b) except with the written permission of the local government or an authorised person, park a vehicle on any part of a parking station or parking stall contrary to a sign referable to that part;

(c) permit a vehicle to park on any part of a parking station or parking stall, if an authorised person directs the driver of such vehicle to move the vehicle;

(d) park or attempt to park a vehicle in a parking stall or parking station in which another vehicle is parked but this paragraph does not prevent the parking of a motorcycle and a bicycle together in a stall marked “M/C”, if the bicycle is parked in accordance with sub-clause (2); or

(e) park a vehicle in a parking station otherwise than wholly within a parking stall.

(2) No person must park any bicycle in a parking stall other than in a stall marked “M/C”.

(3) Notwithstanding the provisions of sub-clause (1)(b) a driver may park a vehicle in a permissive parking stall or station (except in a parking area for people with disabilities) for twice the length of time allowed, provided that:

(a) the driver's vehicle displays an ACROD sticker; and

(b) a person to which that ACROD sticker relates is either the driver of or a passenger in the vehicle.

Part 4 - Parking generally

4.1 Restrictions on parking in particular areas

(1) Subject to sub-clause (2), a person must not park a vehicle in a thoroughfare or part of a thoroughfare, or part of a parking station:

(a) if by a sign it is set apart for the parking of vehicles of a different class;

(b) if by a sign it is set apart for the parking of vehicles by persons of a different class; or

(c) during any period when the parking of vehicles is prohibited by a sign.

(2) (a) This sub-clause applies to a driver if:

(i) the driver's vehicle displays an ACROD sticker; and

(ii) a disabled person to which the ACROD sticker relates is either the driver of the vehicle or a passenger in the vehicle;

(b) The driver may park a vehicle in a thoroughfare or a part of a thoroughfare or part of a parking station in respect of which a maximum time limit is specified by a sign, except in a thoroughfare or a part of a thoroughfare or part of a parking station to which a disabled parking sign relates, for twice the period indicated on the sign.

(3) A person must not park a vehicle:

(a) in a no parking area;

(b) in a parking area, except in accordance with both the signs associated with the parking area and with this local law;

(c) in a stall marked “M/C” unless it is a motorcycle without a sidecar or a trailer, or it is a bicycle.

(4) A person must not, without the prior written permission of the local government, the CEO, or an authorised person, park a vehicle in an area designated by a sign stating “Authorised Vehicles Only”.

4.2 Parking vehicle on a carriageway

(1) A person parking a vehicle on a carriageway other than in a parking stall must park it:

(a) in the case of a two-way carriageway, so that it is as near as practicable to and parallel with, the left boundary of the carriageway and headed in the direction of the movement of traffic on the side of the thoroughfare on which the vehicle is parked;

(b) in the case of a one-way carriageway, so that it is as near as practicable to and parallel with either boundary of the carriageway

and headed in the direction of the movement of traffic on the side of the thoroughfare on which the vehicle is parked;

(c) so that at least 3 metres of the width of the carriageway lies between the vehicle and the farther boundary of the carriageway, or any continuous line or median strip, or between the vehicle and a vehicle parked on the farther side of the carriageway;

(d) so that the front and the rear of the vehicle respectively is not less than 1 metre from any other vehicle, except a motorcycle without a trailer, or a bicycle parked in accordance with this local law; and

(e) so that it does not obstruct any vehicle on the carriageway, unless otherwise indicated on a parking regulation sign or markings on the roadway.

(2) In this clause, “continuous dividing line” means –

(a) a single continuous dividing line only;

(b) a single continuous dividing line to the left or right of a broken dividing line; or

(c) 2 parallel continuous dividing lines.

4.3 When parallel and right-angled parking apply

Where a traffic sign associated with a parking area is not inscribed with the words “angle parking”, then unless a sign associated with the parking area indicates, or marks on the carriageway indicate, that vehicles have to park in a different position, where the parking area is:

(a) adjacent to the boundary of a carriageway, a person parking a vehicle in the parking area must park it as near as practicable to and parallel with that boundary; and

(b) at or near the centre of the carriageway, a person parking a vehicle in that parking area must park it at approximately right angles to the centre of the carriageway.

4.4 When angle parking applies

(1) This clause does not apply to:

(a) a passenger vehicle or a commercial vehicle with a mass including any load, of over three tonnes; or

(b) a person parking either a motor cycle without a trailer or a bicycle.

(2) Where a sign associated with a parking area is inscribed with the words “angle parking”, a person parking a vehicle in the area must park the vehicle at an angle of approximately 45 degrees to the centre of the carriageway unless otherwise indicated by the inscription on the parking sign or by marks on the carriageway.

4.5 General prohibitions on parking

(1) This clause does not apply to a vehicle parked in a parking stall nor to a bicycle in a bicycle rack.

(2) Sub-clauses (3)(c), (e) and (g) do not apply to a vehicle which parks in a bus embayment.

(3) Subject to any law relating to intersections with traffic control signals and unless a mark or other sign on the carriageway indicates otherwise a person must not park a vehicle so that any portion of the vehicle is:

(a) between any other stationary vehicles and the centre of the carriageway;

(b) on or adjacent to a median strip;

(c) obstructing a right of way, private drive or carriageway or so close as to deny a vehicle reasonable access to or egress from the right of way, private drive or carriageway;

(d) alongside or opposite any excavation, works, hoarding, scaffolding or obstruction on the carriageway, if the vehicle would obstruct traffic;

(e) on or within 10 metres of any portion of a carriageway bounded by a traffic island;

(f) on any footpath or pedestrian crossing;

(g) on a bridge or other elevated structure or within a tunnel or underpass

(h) between the boundaries of a carriageway and any double longitudinal line consisting of two continuous lines or between a double longitudinal line consisting of a continuous line and a broken or dotted line and the boundary of a carriageway nearer to the continuous line, unless there is a distance of at least 3 metres clear between the vehicle and the double longitudinal line;

(i) on an intersection, except adjacent to a carriageway boundary that is not broken by an intersecting carriageway;

(j) within one metre of a fire hydrant or fire plug, or of any sign or mark indicating the existence of a fire hydrant or fire plug;

(k) within 3 metres of a public letter pillar box, unless the vehicle is being used for the purposes of collecting postal articles from the pillar box;

(l) within 10 metres of the nearer property line of any thoroughfare intersecting the thoroughfare on the side on which the vehicle is parked, or

(m) in a cul de sac so as to obstruct the turning of vehicles within the cul de sac unless a sign or markings on the carriageway indicate otherwise.

(4) A person must not park a vehicle so that any portion of the vehicle is within 10 metres of the departure side of:

(a) a sign inscribed with the words “Bus Stop” or “Hail Bus Here” unless the vehicle is a bus stopped to take up or set down passengers; or

(b) a children’s crossing or pedestrian crossing.

(5) A person must not park a vehicle so that any portion of the vehicle is within 20 metres of the approach side of:

(a) a sign inscribed with the words “Bus Stop” or “Hail Bus Here” unless the vehicle is a bus stopped to take up or set down passengers;

(b) a children’s crossing or pedestrian crossing.

(6) A person must not park a vehicle so that any portion of the vehicle is within 20 metres of either the approach side or the departure side of the nearest rail of a railway level crossing.

4.6 Authorised person may order vehicle on thoroughfare to be moved

The driver of a vehicle must not park or leave a vehicle on any part of a thoroughfare in contravention of this local law after an authorised person has directed the driver to move it.

4.7 Authorised person may mark tyres

(1) An authorised person may mark the tyres of a vehicle parked in a parking facility with chalk or any other non-indelible substance for a purpose connected with or arising out of his or her duties or powers.

(2) A person must not remove a mark made by an authorised person so that the purpose of the affixing of such a mark is defeated or likely to be defeated.

4.8 No movement of vehicles to avoid time limitation

(1) A person shall not stop or park a vehicle so that the vehicle or any part thereof is present upon a part of a road, where such part has a maximum time limit specified by a sign, for more than that maximum time limit, unless the vehicle has been removed from that road during or upon the completion of such maximum time limit for a period of at least one hour.

(2) A person shall not stop or park a vehicle so that the vehicle or any part thereof is present upon a part of a parking station, where such part has a maximum time limit specified by a sign, for more than that maximum time limit, unless the vehicle has been removed from that parking station during or upon the completion of such maximum time limit for a period of at least one hour.

4.9 No parking of vehicles exposed for sale and in other circumstances

A person must not park a vehicle on any portion of a thoroughfare:

(a) for the purpose of exposing it for sale;

(b) if that vehicle is not licensed under the Road Traffic Act;

(c) if that vehicle is a trailer or a caravan unattached to a motor vehicle; or

(d) for the purpose of effecting repairs to it, other than the minimum repairs necessary to enable the vehicle to be moved to a place other than a thoroughfare.

4.10 Parking on private land

(1) In this clause a reference to “land” does not include land:

(a) which belongs to the local government;

(b) of which the local government is the management body under the Land Administration Act 1997;

(c) which is an “otherwise unvested facility” within section 3.53 of the Act;

(d) which is the subject of an agreement referred to in clause 1.6(2); or

(e) which is identified in Schedule 4.

(2) A person must not park a vehicle on land without the consent of the owner of the land on which the vehicle is parked.

(3) Where the owner of the land, by a sign referable to that land or otherwise, consents to the parking of vehicles of a specified class or classes on the land for a limited period, a person must not park a vehicle on the land otherwise than in accordance with the consent.

4.11 Parking on reserves

No person other than an employee of the local government in the course of his or her duties or a person authorised by the local government must drive or park a vehicle upon or over any portion of a reserve other than upon an area specifically set aside for that purpose.

4.12 Suspension of parking limitations for urgent, essential or official duties

(1) Where by a sign the parking of vehicles is permitted for a limited time on a portion of a thoroughfare or parking facility, the local government, the CEO or an authorised person may, subject to the Code, permit a person to park a vehicle in that portion of the thoroughfare or parking facility for longer than the permitted time in order that the person may carry out urgent, essential or official duties.

(2) Where permission is granted under sub-clause (1), the local government, the CEO or an authorised person may prohibit the use by any other vehicle of that portion of the thoroughfare or parking facility to which the permission relates, for the duration of that permission.

Part 5 - Parking and stopping generally

5.1 No stopping

A driver must not stop on a length of carriageway, or in an area, to which a “no stopping” sign applies.

5.2 No parking

A driver must not stop on a length of carriageway or in an area to which a “no parking” sign applies, unless the driver is-

(a) dropping off, or picking up, passengers or goods;

(b) does not leave the vehicle unattended; and

(c) completes the dropping off, or picking up, of the passengers or goods within 2 minutes of stopping and drives on.

“unattended”, in relation to a vehicle, means that the driver has left the vehicle so that the driver is more than 3 metres from the closest point of the vehicle.

5.3 No stopping on a carriageway with yellow edge lines

A driver must not stop at the side of a carriageway marked with a continuous yellow edge line.

5.4 Parking or stopping in a clearway

A driver shall not stop or park on a length of carriageway to which a clearway sign applies.

5.5 Parking or stopping in rights of way

A person shall not park or stop a vehicle in a right-of-way so as to obstruct the right-of-way.

Part 6 - Stopping in zones for particular vehicles

6.1 Stopping in a loading zone

A person shall not stop a vehicle in a loading zone unless it is:

(a) a commercial vehicle used for commercial or trade purposes engaged in the picking up or setting down of goods; and

(b) in accordance with the sign associated with the loading zone

and, in any event, shall not remain in that loading zone:

(c) for longer than a time indicated on the 'loading zone' sign; or

(d) longer than 15 minutes (if no time is indicated on the sign)

6.2 Stopping in a taxi zone or a bus zone

(1) A driver must not stop in a taxi zone, unless the driver is driving a taxi.

(2) A driver must not stop in a bus zone unless the driver is driving a public bus, or a bus of a type that is permitted to stop at the bus zone by information on or with the “bus zone” sign applying to the bus zone.

6.3 Stopping in a mail zone

A person must not stop a vehicle in a mail zone.

6.4 Other limitations in zones

A person must not stop a vehicle in a zone to which a traffic sign applies if stopping the vehicle would be contrary to any limitation in respect to classes of persons or vehicles, or specific activities allowed, as indicated by additional words on a traffic sign that applies to the zone.

Part 7 - Other places where stopping is restricted

7.1 Stopping in a shared zone

A driver must not stop in a shared zone unless:

(a) the driver stops at a place on a length of carriageway, or in an area, to which a parking control sign applies and the driver is permitted to stop at that place under this local law;

(b) the driver stops in a parking bay and the driver is permitted to stop in the parking bay under this local law;

(c) the driver is dropping off, or picking up, passengers or goods; or

(d) the driver is engaged in door-to-door delivery or collection of goods, or in the collection of waste or garbage.

7.2 Double parking

(1) A driver must not stop a vehicle so that any portion of the vehicle is between any other stopped vehicle and the centre of the carriageway.

(2) This clause does not apply to:

(a) a driver stopped in traffic; or

(b) a driver angle parking on the side of the carriageway or in a median strip parking area, in accordance with this local law.

7.3 Stopping near an obstruction

A driver must not stop on a carriageway near an obstruction on the carriageway in a position that further obstructs traffic on the carriageway.

7.4 Stopping on a bridge or in a tunnel, etc.

(1) A driver must not stop a vehicle on a bridge, causeway, ramp or similar structure unless:

(a) the carriageway is at least as wide on the structure as it is on each of the approaches and a traffic sign does not prohibit stopping or parking; or

(b) the driver stops at a place on a length of carriageway, or in an area, to which a parking control sign applies and the driver is permitted to stop at that place under this local law.

(2) A driver must not stop a vehicle in a tunnel or underpass unless:

(a) the carriageway is at least as wide in the tunnel or underpass as it is on each of the approaches and a traffic sign does not prohibit stopping or parking; or

(b) the driver of a motor vehicle stops at a bus stop, or in a bus zone or parking area marked on the carriageway, for the purpose of setting down or taking up passengers.

7.5 Stopping on crests, curves, etc.

(1) Subject to sub-clause (2), a driver must not stop a vehicle on, or partly on, a carriageway, in any position where it is not visible to the driver of an overtaking vehicle, from a distance of 50 metres within a built-up area, and from a distance of 150 metres outside a built-up area.

(2) A driver may stop on a crest or curve on a carriageway that is not in a built-up area if the driver stops at a place on the carriageway, or in an area, to which a parking control sign applies and the driver is permitted to stop at that place under this local law.

7.6 Stopping near a fire hydrant etc

(1) A driver must not stop a vehicle so that any portion of the vehicle is within one metre of a fire hydrant or fire plug, or of any sign or mark indicating the existence of a fire hydrant or fire plug, unless:

(a) the driver is driving a public bus, and the driver stops in a bus zone or at a bus stop and does not leave the bus unattended; or

(b) the driver is driving a taxi, and the driver stops in a taxi zone and does not leave the taxi unattended.

(2) In this clause, a driver leaves the vehicle “unattended” if the driver leaves the vehicle so the driver is over 3 metres from the closest point of the vehicle.

7.7 Stopping at or near a bus stop

(1) A driver must not stop a vehicle so that any portion of the vehicle is within 20 metres of the approach side of a bus stop, or within 10 metres of the departure side of a bus stop, unless:

(a) the vehicle is a public bus stopped to take up or set down passengers; or

(b) the driver stops at a place on a length of carriageway, or in an area, to which a parking control sign applies and the driver is permitted to stop at that place under this local law.

(2) In this clause:

(a) distances are measured in the direction in which the driver is driving; and

(b) a trailer attached to a public bus is taken to be a part of the public bus.

7.8 Stopping on a path, median strip, or traffic island

The driver of a vehicle (other than a bicycle or an animal) must not stop so that any portion of the vehicle is on a path, traffic island or median strip, unless the driver stops in an area, to which a parking control sign applies and the driver is permitted to stop at that place under these local law.

7.9 Stopping on verge

(1) A person must not:

(a) stop a vehicle (other than a bicycle);

(b) stop a commercial vehicle or bus, or a trailer or caravan unattached to a motor vehicle; or

(c) stop a vehicle during any period when the stopping of vehicles on that verge is prohibited by a sign adjacent and referable to that verge,

so that any portion of it is on a verge.

(2) Subclause (1)(a) does not apply to the person if he or she is the owner or occupier of the premises adjacent to that verge, or is a person authorised by the occupier of those premises to stop the vehicle so that any portion of it is on the verge.

(3) Subclause (1)(b) does not apply to a commercial vehicle when it is being loaded or unloaded with reasonable expedition with goods, merchandise or materials collected from or delivered to the premises adjacent to the portion of the verge on which the commercial vehicle is parked, provided no obstruction is caused to the passage of any vehicle or person using a carriageway or a path.

7.10 Obstructing access to and from a path, driveway, etc.

(1) A driver must not stop a vehicle so that any portion of the vehicle is in front of a path, in a position that obstructs access by vehicles or pedestrians to or from that path, unless:

(a) the driver is dropping off, or picking up, passengers; or

(b) the driver stops in a parking stall and the driver is permitted to stop in the parking stall under this local law.

(2) A driver must not stop a vehicle on or across a driveway or other way of access for vehicles travelling to or from adjacent land, unless:

(a) the driver is dropping off, or picking up, passengers; or

(b) the driver stops in a parking stall and the driver is permitted to stop in the parking stall under this local law.

7.11 Stopping near a letter box

A driver must not stop a vehicle so that any portion of the vehicle is within 3 metres of a public letter box, unless the driver:

(a) is dropping off, or picking up, passengers or mail; or

(b) stops at a place on a length of carriageway, or in an area, to which a parking control sign applies and the driver is permitted to stop at that place under this local law.

7.12 Stopping on a carriageway – heavy and long vehicles

(1) A person must not park a vehicle or any combination of vehicles that, together with any projection on, or load carried by, the vehicle or combination of vehicles, is 7.5 metres or more in length or exceeds a GVM of 4.5 tonnes:

(a) on a carriageway in a built-up area, for any period exceeding one hour, unless engaged in the picking up or setting down of goods; or

(b) on a carriageway outside a built-up area, except on the shoulder of the carriageway, or in a truck bay or other area set aside for the parking of goods vehicles.

(2) Nothing in this clause mitigates the limitations or condition imposed by any other clause or by any local law or traffic sign relating to the parking or stopping of vehicles.

7.13 Stopping on a carriageway with a bicycle parking sign

The driver of a vehicle (other than a bicycle) must not stop on a length of carriageway to which a “bicycle parking” sign applies, unless the driver is dropping off, or picking up, passengers.

7.14 Stopping on a carriageway with motor cycle parking sign

The driver of a vehicle must not stop on a length of carriageway, or in an area, to which a “motor cycle parking” sign applies, or an area marked “M/C” unless:

(a) the vehicle is a motor cycle; or

(b) the driver is dropping off, or picking up, passengers.

7.15 Stopping in a parking stall for people with disabilities

(1) A driver must not stop in a parking area for people with disabilities unless:

(a) the driver's vehicle displays an ACROD sticker; and

(b) either the driver or the passenger in that vehicle is a person with disabilities.

(2) In this clause, a “parking area for people with disabilities” is a length or area:

(a) to which a “permissive parking” sign displaying a people with disabilities symbol applies;

(b) to which a “people with disabilities parking” sign applies;

(c) indicated by a road marking (a “people with disabilities road marking”) that consists of, or includes, a people with disabilities symbol; or

(d) set aside within a parking region as a “parking stall for use of a disabled person” under the Local Government (Parking for Disabled Persons) Regulations 1988.

Part 8 - Parking permits

8.1 Terms used in this Part

In this Part, unless the contrary intention appears -

8.2 “parking permit” means a parking permit issued by the local government under clause 8.2(4). Issue of a parking permit

(1) A person who is the owner of a dwelling fronting a road on which parking is restricted may apply in writing to the local government for the issue of parking permit

(2) The application shall set out:-

(a) the person’s name;

(b) the address of the dwelling in respect of which the parking permit is sought;

(c) the road or precinct in respect of which the parking permit is sought; and

(3) The local government may issue a parking permit to an applicant under sub-clause (1) if in the opinion of the local government:

(a) it is impossible or impracticable to obtain vehicular access to a dwelling from a road or right-of-way; or

(b) there are other sufficient reasons to issue the parking permit.

(4) The local government may in respect of an application for parking permit for the purpose of sub-clause (1) -

(a) approve the application;

(b) approve the application subject to conditions as the local government considers appropriate; or

(c) refuse to approve the application.

(5) Every parking permit issued for the purpose of sub-clause (1) is to specify:

(a) a permit number;

(b) the residential road or precinct which the parking permit is issued; and

(c) the date on which the parking permit expires.


(1) Subject to sub-clause (2), the holder of a current parking permit is exempt from compliance with;

(a) any sign prohibiting the parking of a vehicle on any part of the road to which the parking permit relates for more than a specified time, so long as the vehicle is not parked adjacent to retail premises; or

(b) any other sign on the road to which the parking permit relates inscribed with the words “Parking Permits Exempt’.

(2) The exemption in sub-clause (1) only applies;

(a) to the road or precinct in respect of which the parking permit was issued;

(b) if the parking permit is placed on the dashboard or windscreen of the vehicle in a prominent position, unobstructed from view, so that it can be easily read by an authorised person outside the vehicle;

(c) if the holder of the parking permit still resides in road or precinct in respect of which it was issued; and

(d) if the parking permit has not expired.

Part 9 - Miscellaneous

9.1 Removal of notices on vehicle

A person, other than the driver of the vehicle or a person acting under the direction of the driver of the vehicle, must not remove from the vehicle any notice put on the vehicle by an authorised person.

9.2 Unauthorised signs and defacing of signs

A person must not without the authority of the local government:

(a) mark, set up or exhibit a sign purporting to be or resembling a sign marked, set up or exhibited by the local government under this local law;

(b) remove, deface or misuse a sign or property, set up or exhibited by the local government under this local law or attempt to do any such act; or

(c) affix a board, sign, placard, notice or other thing to or paint or write upon any part of a sign set up or exhibited by the local government under this local law.

9.3 Interfere with or damage Council property

(1) A person shall not interfere with, damage or obstruct the operation of any electronic parking detection device or instrument in any parking station, carriageway or in any other place.

(2) A person shall not interfere with damage or obstruct the operation of any display panels or transmitting equipment in relation to parking detection devices or instruments operated by the local government.

9.4 Signs must be complied with

An inscription or symbol on a sign operates and has effect according to its tenor and a person contravening the direction on a sign commits an offence under this local law.

9.5 General provisions about signs

(1) A sign marked, erected, set up, established or displayed on or near a thoroughfare is, in the absence of evidence to the contrary presumed to be a sign marked, erected, set up, established or displayed under the authority of this local law.

(2) The first three letters of any day of the week when used on a sign indicate that day of the week.

9.6 Special purpose and emergency vehicles

Notwithstanding anything to the contrary in this local law, the driver of:

(a) a special purpose vehicle may, only in the course of his or her duties and when it is expedient and safe to do so, stop, or park the vehicle in any place, at any time; and

(b) an emergency vehicle may, in the course of his or her duties and when it is expedient and safe to do so or where he or she honestly and reasonably believes that it is expedient and safe to do so, stop, or park the vehicle at any place, at any time.

9.7 Vehicles not to obstruct a public place

(1) A person must not leave a vehicle, or any part of a vehicle, in a public place without the written permission of the local government or unless authorised under any written law.

(2) A person will not contravene sub-clause (1) where the vehicle is left for a period not exceeding 24 hours.

9.8 Causing or attempting to cause damage to Council property

A person shall not cause or attempt to cause damage to the property of the local government in any way.

Part 10 - Penalties

10.1 Offences and penalties

(1) Any person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence.

(2) An offence against any provision of this local law is a prescribed offence for the purposes of section 9.16(1) of the Act.

(3) Any person who commits an offence under this local law shall be liable, upon conviction, to a penalty not less than $300 and not exceeding $5,000. If the offence is of a continuing nature, a person shall be liable to an additional penalty not exceeding $500 for each day or part of a day during which the offence has continued.

(4) The amount appearing in the final column of Schedule 2 directly opposite a clause specified in that Schedule is the modified penalty for an offence against that clause.

10.2 Form of notices

For the purposes of this local law:

(a) the form of the notice referred to in section 9.13 of the Act is that of Form 1 in Schedule 3;

(b) the form of the infringement notice referred to in section 9.17 of the Act is that of Form 2 in Schedule 3;

(c) the form of the infringement notice referred to in section 9.17 of the Act which incorporates the notice referred to in section 9.13 of the Act, is that of Form 3 in Schedule 3; and

(d) the form of the notice referred to in section 9.20 of the Act is that of Form 4 in Schedule 3.

Schedule 1 - Parking Region The parking region is the whole of the district, but excludes the following portions of the district: (a) the approach and departure prohibition areas of all existing and future traffic control

signal installations as determined by the Commissioner of Main Roads; (b) prohibition areas applicable to all existing and future bridges and subways as

determined by the Commissioner of Main Roads; and (c) any road which comes under the control of the Commissioner of Main Roads unless the

control of parking and parking facilities on that road is carried out subject to the control and direction of the Commissioner of Main Roads or has been delegated by the Commissioner to the local government

Schedule 2 - Prescribed Offences (Clause 10.1)

Item No.

Clause No. Nature of offence Modified Penalty

1 2.2 Failure to pay fee for metered space 80

2 2.3 Parking in excess of period shown on metered bay 80

3 2.4 Parking when meter has expired 80

4 2.6(1) Failure to park wholly within metered bay 80

5 2.6(3) Parking outside metered zone 80

6 2.7(1) Non-permitted insertion in parking meter 200

7 2.8 Failure to display ticket clearly in metered zone 80

8 2.9 Parking or attempting to park a vehicle in a metered bay occupied by another vehicle 80

9 2.10 Parking contrary to a meter hood 80

10 3.1(1) Failure to park wholly within parking stall 120

11 3.2(3) Failure to park wholly within parking area 120

12 3.3 Failure to pay parking station fee 80

13 3.5 Leaving without paying parking station fee 80

14 3.7 Failure to display ticket clearly in parking station 80

15 3.8(1)(a) Causing obstruction in parking stall 80

16 3.8(1)(b) Parking contrary to sign in parking stall 80

17 3.8(1)(c) Parking contrary to directions of authorised person 120

18 3.8(1)(d) Parking or attempting to park a vehicle in a parking bay occupied by another vehicle 120

19 3.8(1)(e) Parking outside parking stall 120

20 4.1(1)(a) Parking wrong class of vehicle 80

21 4.1(1)(b) Parking by persons of a different class 80

22 4.1(1)(c) Parking during prohibited period 80

23 4.1(3)(a) Parking in no parking area 80

24 4.1(3)(b) Parking contrary to signs or limitations 80

25 4.1(3)(c) Parking vehicle in motor cycle only area 100

26 4.1(4) Parking without permission in an area designated for “Authorised Vehicles Only” 120

27 4.2(1)(a) or 4.2(1)(b)

Parking against the flow of traffic 120

28 4.2(1)(c) Parking when distance from farther boundary less than 3 metres

80

29 4.2(1)(d) Parking closer than one metre from another vehicle 80

30 4.2(1)(e) Causing obstruction 150

31 4.3(b) Failure to park at approximate right angle 80

Item No.


32 4.4(2) Failure to park at an appropriate angle 80

33 4.5(3)(a) and 7.2 Double parking 150

34 4.5(3)(b) Parking on or adjacent to a median strip 120

35 4.5(3)(c) Denying access to private drive or right of way 150

36 4.5(3)(d) Parking beside excavation or obstruction so as to obstruct traffic 120

37 4.5(3)(e) Parking within 10 metres of traffic island 120

38 4.5(3)(f) Parking on footpath/pedestrian crossing 150

39 4.5(3)(g) Parking on a bridge or in a tunnel 150

40 4.5(3)(h) Parking contrary to continuous line markings 120

41 4.5(3)(i) Parking on intersection 120

42 4.5(3)(j) Parking within 1 metre of fire hydrant or fire plug 120

43 4.5(3)(k) Parking within 3 metres of public letter box 120

44 4.5(3)(l) Parking within 10 metres of intersection 120

45 4.5(3)(m) Parking in cul de sac so as to cause obstruction 120

46 4.5(3)(a) or (b) Parking vehicle within 10 metres of departure side of bus stop, children's crossing or pedestrian crossing 120

47 4.5(4)(a) or (b) Parking vehicle within 20 metres of approach side of bus stop, children's crossing or pedestrian crossing

120

48 4.5(5) Parking vehicle within 20 metres of approach side or departure side of railway level crossing

120

49 4.6 Parking contrary to direction of authorised person 120

50 4.7(2) Removing mark of authorised person 120

51 4.8(1) Exceeding time limitation on a road 80

52 4.8(2) Exceeding time limitation within parking station 80

53 4.9(a) Parking in thoroughfare for purpose of sale 120

54 4.9(b) Parking unlicensed vehicle in thoroughfare 120

55 4.9(c) Parking a trailer/caravan on a thoroughfare 120

56 4.9(d) Parking in thoroughfare for purpose of repairs 120

57 4.10(2) Parking on land that is not a parking facility without consent

120

58 4.10(3) Parking on land not in accordance with consent 120

59 4.11 Driving or parking on reserve 120

60 5.1 Stopping contrary to a 'no stopping' sign 150

61 5.2 Parking contrary to a 'no parking' sign 150

62 5.3 Stopping within continuous yellow lines 120

Item No.


63 5.4 Parking or stopping in a clearway 150

64 5.5 Parking or stopping in a right of way 150

65 6.1 Stopping unlawfully in a loading zone 120

66 6.2 Stopping unlawfully in a taxi zone or bus zone 120

67 6.3 Stopping unlawfully in a mail zone 80

68 6.4 Stopping in a zone contrary to a sign 120

69 7.1 Stopping in a shared zone 80

70 7.3 Stopping near an obstruction 120

71 7.4 Stopping on a bridge or tunnel 120

72 7.5 Stopping on crests/curves etc 120

73 7.6 Stopping near fire hydrant 150

74 7.7 Stopping near bus stop 120

75 7.8 Stopping on path, median strip or traffic island 150

76 7.9 Stopping on verge 120

77 7.10 Obstructing path, a driveway etc 150

78 7.11 Stopping near letter box 120

79 7.12 Stopping heavy or long vehicles on carriageway 120

80 7.13 Stopping in bicycle parking area 80

81 7.14 Stopping in motorcycle parking area 120

82 7.15 Stopping in a disabled parking area 300

83 9.7 Leaving vehicle in a public place 150

84 All other offences not specified 80

Schedule 3 - Forms

LOCAL GOVERNMENT ACT 1995

FORM 1

TOWN OF CLAREMONT PARKING LOCAL LAW 2016

NOTICE TO OWNER OF VEHICLE INVOLVED IN OFFENCE

Date / /

To: (1) ........................................................................................................................................

(2) ........................................................................................................................................

It is alleged that on / / at (3) ..................................................................................

at (4) ................................................................................................................................ your

vehicle

make: .....................................................

model: .....................................................

registration: .....................................................

was involved in the commission of the following offence - ...............................................................

............................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................ contrary to clause ................ of the Town of Claremont Parking Local Law 2016

You are required under section 9.13 of the Local Government Act 1995 to identify the person who was the driver or person in charge of the vehicle at the time when the offence is alleged to have been committed.

If you do not prove otherwise, you will be taken to have committed the offence unless:

(a) within 28 days after being served with this notice;

(i) you inform the CEO or another authorised persons of the local government as to the identity and address of the person who was the driver or person in charge of the vehicle at the time the offence is alleged to have been committed; and

(ii) you satisfy the CEO that the vehicle had been stolen, or was being unlawfully used, at the time the offence is alleged to have been committed;

or

(b) you were given an infringement notice for the alleged offence and the modified penalty specified in it is paid within 28 days after the notice was given or such further time as is allowed.

(5): ..........................................................

(6) .............................................................................................................................................

Insert:

(1) Name of owner or “the owner”

(2) Address of owner (not required if owner not named)

(3) Time of alleged offence

(4) Location of alleged offence

(5) Signature of authorised person

(6) Name and title of authorised person giving notice

FORM 2


INFRINGEMENT NOTICE Serial No............................................ Date / /

To: (1) ........................................................................................................................................

of: (2) ........................................................................................................................................

It is alleged that on / / at (3) ..................................................................................

at (4) ........................................................................................................................................

in respect of vehicle

make: .....................................................

model: .....................................................

registration: .....................................................

you committed the following offence:

............................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................ contrary to clause ................ of the Town of Claremont Parking Local Law 2016

The modified penalty for the offence is $ ...............

If you do not wish to have a complaint of the alleged offence heard and determined by a court, the amount of the modified penalty may be paid to an authorised person at (5) ............................. within a period of 28 days after the giving of this notice.

If you take no action this infringement notice may be registered with the Fines Enforcement Registry after which your driver’s licence or any vehicle licence held by you may be suspended. If the matter is registered with the Registry additional costs will also be payable.

If the above address is not your current address, or if you change your address, it is important that you advise us immediately. Failure to do so may result in your driver’s licence or any vehicle licence you hold being suspended without your knowledge.

(6): ..........................................................

(7) .............................................................................................................................................

Insert:

(1) Name of alleged offender or “the owner”

(2) Address of alleged offender

(3) Time of alleged offence

(4) Location of alleged offence

(5) Place where modified penalty may be paid



FORM 3


WITHDRAWAL OF INFRINGEMENT NOTICE Serial No............................................ Date / /

To: (1) ........................................................................................................................................

of: (2) ........................................................................................................................................

Infringement Notice No. ........................................................... dated ............... / ............. / ...............

in respect of vehicle

make: .....................................................

model: .....................................................

registration: .....................................................

for the alleged offence of: .................................................................................................................

............................................................................................................................................................

............................................................................................................................................................ has been withdrawn.

The modified penalty of $ .................................. .

• has been paid and a refund is enclosed.

• has not been paid and should not be paid.

• delete as appropriate.

(3): ..........................................................

(4) .............................................................................................................................................

Insert:

(1) Name of alleged offender to whom infringement notice was given or “the owner”.

(2) Address of alleged offender.



Schedule 4 - Deemed parking stations TOWN OF CLAREMONT PARKING LOCAL LAW 2016

Parking Station Number Description Parking Station Number 1 Lot 1366 Davies Road Claremont

Lot 50 Davies Road Claremont Lot 7813 Davies Road Claremont Lot 301 Davies Road Claremont Lot 3070 Davies Road Claremont Lot 2112 Davies Road Claremont

Parking Station Number 2 Lot 51 Stirling Highway, Claremont Lot 50 St Quentin Avenue, Claremont Lot 21 St Quentin Avenue, Claremont

Parking Station Number 3

Lot 21 St Quentin Avenue, Claremont Lot 103 Stirling Highway, Claremont

Parking Station Number 4 Lot 507 Stirling Highway, Claremont Parking Station Number 5 Lot 11578 Claremont Crescent, Claremont Parking Station Number 7 Lot 501 Leura Avenue Claremont

Lot 502 Leura Avenue, Claremont Parking Station Number 9 Lot 307 Gugeri Street, Claremont

Lot 48 Bay View Terrace Claremont Parking Station Number 10 Lot 90 Avion Way, Claremont

Dated................................ 20______ The Common Seal of the [insert name of local government] was affixed by authority of a resolution of the Council in the presence of:

} } }

Mayor/President Chief Executive Officer

Attachment 2 - Summary of amendments.docx

CORPORATE

PARKING LOCAL LAW

SUMMARY OF AMENDMENTS

15 MARCH 2016

ATTACHMENT 2

PAGES 7

Parking Local Law Amendments

The proposed Local Law 2016 will contains a number of minor changes to the grammar and formatting of the existing Local Law, to improve consistency, clarity of terms and correct grammar. For example, ‘authorized’ becomes ‘authorised’ throughout the document. 1. The definition of ‘obstruct’ in clause 1.4 of the Local Law 2012 has been deleted. The

existing definition of ‘obstruct’ was narrower than the common law legal definition of that term and it would be better to rely on the latter interpretation.

2. Clause 1.6(2) of the Local Law 2012 has been amended to exclude reference to clause

4.10. That is, clause 1.6(2) provides that the Local Law 2016 will not apply to private parking facilities or parking stations. However, clause 4.10 should continue to apply to private parking facilities as the Town issues infringements notices for vehicles which are parked without consent in these private parking facilities.

3. Clause 2.8 of the Local Law 2012 has been deleted and replaced with alternative

wording. The new clause will be easier to enforce as it strictly requires a ticket applicable to the relevant parking area to be purchased and displayed in such a way as to be visible to an authorised person.

Parking Local Law 2012-Clause 1.4: Interpretations: Obstruct- means to interfere with-impede or hinder the passage of any vehicle or person

Parking Local Law 2012-Clause 1.6 (2):This local law does not apply to a parking facility or a parking station that is not occupied by the local government, unless the local government and the owner or occupier of that facility or station have agreed in writing that this local law is to apply to that facility or station.

Parking Local Law 2012-Clause 2.8: A driver of a vehicle left parked in a metered zone which is regulated by a ticket issuing machine must on purchasing a ticket from the machine for a period of parking, place the ticket inside the vehicle in such a position that the ticket is clearly visible to, and the expiry time or time for which the ticket remains valid is able to be read by, an authorized person examining the ticket from outside the vehicle

Parking Local Law 2016-Clause 1.4: Interpretations: Obstruct- Deleted

Parking Local Law 2016-Clause 1.6 (2): Application and pre-existing signs This local law, except for clause 4.10 of this local law, does not apply to a parking facility or a parking station that is not occupied by the local government, unless the local government and the owner or occupier of that facility or station have agreed in writing that this local law is to apply to that facility or parking station.

Parking Local Law 2016-Clause 2.8: Parking ticket to be displayed A person shall not stop or park a vehicle in a metered zone which is regulated by a ticket issuing machine during any period for which a fee is payable unless an unexpired parking ticket applicable to that metered zone is displayed inside the vehicle, so that the date, expiry time and the number (if any) on the ticket are clearly visible to and able to be read by an authorised person from outside the vehicle, at all times while the vehicle remains stopped or parked in that metered zone.

4. Clause 3.7 has been amended on the same basis as clause 2.8. 5. Clause 3.8(1) (e) has been inserted to address circumstances in which a vehicle is

parked in a parking station without being wholly parked within a parking stall. In the absence of specific signage to that effect in all relevant parking stations, the Town arguably did not have a basis for enforcing parking restrictions in those circumstances.

6. Clause 4.1(2) (b) has been amended to clarify the circumstances in which the holder of

an ACROD sticker will be entitled to park for twice the permitted time. 7. Clause 4.1(4) has been deleted. Motor cycles to be entitled to park in ordinary parking

stalls.

Parking Local Law 2012-Clause 3.7: A driver of a vehicle in a parking station which is equipped with a ticket issuing machine must, on purchasing a ticket from the machine for a period of parking, place the ticket inside the vehicle in such a position that- (a) The ticket is clearly visible to; and

(b) The expiry time or time for which the ticket remains valid is able to be read by, an

authorised person examining the ticket from outside the vehicle.

Parking Local Law 2012-Clause 4.1 (2) (b): The driver may park a vehicle in a thoroughfare thoroughfare or part of a parking station, except in a thoroughfare or a part of

a thoroughfare or part of a parking station to which a disable parking sign relates f i for twice the period indicated on the sign.

Parking Local Law 2012-Clause 4.1 (4): A person must not park a motorcycle without a sidecar or a trailer, or a bicycle in a parking stall unless the stall is marked "M/C"

Parking Local Law 2016-Clause 3.7: Parking ticket to be displayed A person shall not stop or park a vehicle in a parking station which is equipped with a ticket issuing machine during any period for which a fee is payable unless an unexpired parking ticket applicable to that parking station is displayed inside the vehicle, so that the date, expiry time and the number (if any) on the ticket are clearly visible to and able to be read by an authorised person from outside the vehicle, at all times while the vehicle remains stopped or parked in the parking station.

Parking Local Law 2016-Clause 3.8 (1) (e): Parking prohibitions and restrictions (e) park a vehicle in a parking station otherwise than wholly within a parking stall.

Parking Local Law 2016-Clause 4.1 (2) (b): Restrictions on parking in particular areas (2)(b) The driver may park a vehicle in a thoroughfare or a part of a thoroughfare or part of a parking station in respect of which a maximum time limit is specified by a sign, except in a thoroughfare or a part of a thoroughfare or part of a parking station to which a disabled parking sign relates, for twice the period indicated on the sign.

8. Clause 4.6 has been amended to include circumstances where a person parks ‘or leaves’ a vehicle on a thoroughfare having been directed to move the vehicle by an authorised person. For a vehicle which has already been parked prior to the direction being given, or where the vehicle has been parked by a person who is no longer capable of moving the vehicle, the inclusion of ‘or leave’ provides broader powers for the Town to require vehicles to be moved.

9. Clause 4.8 has been replaced with new wording to more easily establish discrete offences in relation to vehicles which are parked for longer than the permitted time. The previous provisions required the Town to either allege that the vehicle had been parked for longer than the permitted time or allege that the vehicle had been moved within the relevant area without having been removed for more than 2 hours. The new provisions establish individual offences for vehicles which are parked for longer than the permitted time without being removed for at least 1 hour. There are two separate offences in relation to a road and a thoroughfare respectively.

10. Clause 4.10 has been amended to rectify an incorrect reference to clause 1.6(2) within

clause 4.10(1)(d). Furthermore, the effect of clause 4.10 will have been changed as a result of the proposed amendment to clause 1.6(2), which should enable the Town to enforce private parking restrictions for private parking facilities or parking stations.

Parking Local Law 2012-Clause 4.6: The driver of a vehicle must not park that vehicle on any part of a thoroughfare in contravention of this local law after an authorized person has directed the driver to move it

Parking Local Law 2012-Clause 4.8: (1) Where the parking of vehicles in a parking facility is permitted for a limited time, a person must not move a vehicle within the parking facility so that the total time of parking exceeds the maximum time allowed for parking in the parking facility. (2) Where the parking of vehicles in a thoroughfare is permitted for a limited time, a person must not move a vehicle along that thoroughfare so that the total time of parking exceeds the maximum time permitted, unless the vehicle has first been removed from the thoroughfare for at least two hours.

Parking Local Law 2016-Clause 4.6: Authorised person may order vehicle on thoroughfare to be moved The driver of a vehicle must not park or leave a vehicle on any part of a thoroughfare in contravention of this local law after an authorised person has directed the driver to move it.

Parking Local Law 2016-Clause 4.8: No movement of vehicles to avoid time limitation (1) A person shall not stop or park a vehicle so that the vehicle or any part thereof is present upon a part of a road, where such part has a maximum time limit specified by a sign, for more than that maximum time limit, unless the vehicle has been removed from that road during or upon the completion of such maximum time limit for a period of at least one hour.

Parking Local Law 2016-Clause 4.10: Parking on private land (1) In this clause a reference to “land” does not include land:

(a) which belongs to the local government; (b) of which the local government is the management body under the Land

Administration Act 1997; (c) which is an “otherwise unvested facility” within section 3.53 of the Act; (d) which is the subject of an agreement referred to in clause 1.6(2); which

is identified in Schedule 4. (2) A person must not park a vehicle on land without the consent of the owner of the

land on which the vehicle is parked. (3) Where the owner of the land, by a sign referable to that land or otherwise, consents

to the parking of vehicles of a specified class or classes on the land for a limited period, a person must not park a vehicle on the land otherwise than in accordance with the consent.

11. Clause 6.1 has been replaced with new wording to provide a better means of enforcing

parking in loading zones. While the effect of the new provision is similar to the existing provision, the proposed clause removes the reference to passengers and requires the relevant vehicle to be a commercial vehicle, rather than (for example) an ordinary vehicle being used to collect or deliver items to or from a retail shop.

12. Part 8 of the Local Law has been amended in a number of respects. Clauses 8.3, 8.4

and 8.6-8.13 have been removed from the Local Law. Those clauses formerly established the manner in which permits would be issued and the administration process associated with those permits. While the Town can retain the same process in the future, it is better for that process not to be formalised within the Local Law as the Town may want to change its process (without amending the Local Law) and also should not have to prove that is has complied with its process as part of a prosecution in respect of which a parking permit may be relevant.

Parking permits will continue to be issued by the Town and will continue to have the same effect for permit holders. However, removing those clauses from the Local Law and including them in a Council Policy allows the Town a greater level of flexibility in dealing with permit parking in the future. The proposed changes also include the consequential deletion of various defined terms which are no longer used and the inclusion of the concept of a ‘precinct’ in respect of which a parking permit may apply.

Parking Local Law 2012-Clause 4.10: (1) In this clause a reference to land" does not include land: (a) which belongs to the local government; (b) of which the local government is the management body under the Land Administration Act 1997 (c) which is an "otherwise unvested facility" within section 3.53 of the Act; (d) which is the subject of an agreement referred to in clause 1.5(2); or (e) which is identified in Schedule 4. (2) A person must not park a vehicle on land without the consent of the occupier of

the land on which the vehicle is parked. (3) Where the occupier of the land, by a sign referable to that land or otherwise,

consents to the parking of vehicles of a specified class or classes on the land for a limited period, a person must not park a vehicle on the land otherwise than in accordance with the consent.

Parking Local Law 2012-Clause 6.1: A person must not stop a vehicle in a loading zone unless it is: (a) a motor vehicle used for commercial or trade purposes engaged in the picking up or setting down of goods; or (b) a motor vehicle taking up or setting down passengers, but in any event must not remain in that loading zone for longer than a time indicated on the "loading zone" sign, or longer than 15 minutes (if no time is indicated on the "loading zone" sign).

Parking Local Law 2016-Clause 6.1 Stopping in a loading zone A person shall not stop a vehicle in a loading zone unless it is: (a) a commercial vehicle used for commercial or trade purposes engaged in the picking up

or setting down of goods; and (b) in accordance with the sign associated with the loading zone and, in any event, shall not remain in that loading zone: (c) for longer than a time indicated on the 'loading zone' sign; or (d) longer than 15 minutes (if no time is indicated on the sign)

The duration of a Residential or Visitor Parking Permit has been deleted and included in the Parking Permit Policy.

Parking Local Law 2016-Part 8 Parking permits 8.1 Terms used in this Part

In this Part, unless the contrary intention appears -

8.2 “parking permit” means a parking permit issued by the local government under clause 8.2(4). Issue of a parking permit

1. A person who is the owner of a dwelling fronting a road on which parking is restricted may apply in writing to the local government for the issue of parking permit

2. The application shall set out:-

(a) the person’s name;

(b) the address of the dwelling in respect of which the parking permit is sought;

(c) the road or precinct in respect of which the parking permit is sought.

3 The local government may issue a parking permit to an applicant under sub-clause (1) if in the opinion of the local government:

(a) it is impossible or impracticable to obtain vehicular access to a dwelling from a road or right-of-way; or

(b) there are other sufficient reasons to issue the parking permit.

4 The local government may in respect of an application for parking permit for the purpose of sub-clause (1) -

(a) approve the application;

(b) approve the application subject to conditions as the local government considers appropriate; or

(c) refuse to approve the application. 5 Every parking permit issued for the purpose of sub-clause (1) is to specify:

(a) a permit number; (b) the residential road or precinct which the parking permit is issued; and (c) the date on which the parking permit expires .


1 Subject to sub-clause (2), the holder of a current parking permit is exempt from compliance with;

(a) any sign prohibiting the parking of a vehicle on any part of the road to which the

parking permit relates for more than a specified time, so long as the vehicle is not parked adjacent to retail premises; or

(b) any other sign on the road to which the parking permit relates inscribed with the words “Parking Permits Exempt’.

2 The exemption in sub-clause (1) only applies; (a) to the road or precinct in respect of which the parking permit was issued; (b) if the parking permit is placed on the dashboard or windscreen of the vehicle in a prominent position, unobstructed from view, so that it can be easily read by an authorised person outside the vehicle; (c) if the holder of the parking permit still resides in road or precinct in respect of which it was issued; and (d) if the parking permit has not expired.

Parking Local Law 2012-Part 8 Clauses 8.3, 8.4 8.6,8.13 8.3 Maximum number of residential parking permits and visitor parking

permits The maximum number of residential parking permits and visitor parking permits that shall be issued by the local government in relation to a dwelling must comply with the following table (Schedule 5);

Number of off street parking bays for the dwelling

Maximum number of Residential Parking Permits

Maximum number of Visitor Parking Permits

0 2 2 1 1 2 2 0 2 3 0 1

4 or

0 0 The Chief Executive Officer may in special circumstance approve a variation to the number of Residential and Visitor parking permits identified in the above table. 8.4 Duration of a residential parking permit or visitor parking permit A residential parking permit or visitor parking permit is current from the date of issue and will be issued for a period not exceeding one year and expiring on 31 December in the year of issue 8.7 Renewal or replacement of a residential parking permit or visitor parking Permit

(1) A person to whom a residential parking permit or a visitor parking permit has

previously been issued may apply to the local government to:- (a) renew a residential parking permit or visitor parking permit which has

expired; or (b) issue a replacement residential parking permit or visitor parking permit for a

permit which has been lost, damaged or stolen. (2) An application for replacement of a residential parking permit or visitor parking

permit must be accompanied by payment of the fee imposed by the local government under the Act, unless the application fee is waived by the local government.

(3) In the event that the person to whom a residential parking permit or visitor

parking permit was issued loses or misplaces that permit, then the original permit shall be cancelled and a new permit may be issued which shall be valid only until the expiry date of the permit it replaces. 8.13 Fees & Charges

The fees and charges in relation to this clause will be determined in accordance with Part 6 Division 5 Subdivision 2 of the Local Government Act.1995

13. Clause 9.7 has been amended by removing reference to a vehicle which ‘obstructs’ a public place. A similar amendment has been carried out in relation to other recent parking local laws and effectively allows a local government to prohibit vehicles from being parked in a public place for more than 24 hours without having to prove that the vehicle caused an obstruction.

14. Clause 10.1(3) has been amended to include a minimum penalty of $300 upon conviction by a Court for offences under the local law. In ordinary circumstances, where an infringement notice is issued by the Town and the modified penalty identified in that infringement notice is paid by the offender, the minimum penalty of $300 will not apply, as the lower modified penalty set out in Schedule 2 of the local law will apply instead. This creates an incentive for paying the modified penalty, rather than contesting a parking matter in Court. Where the Town commences a Court prosecution in relation to a parking offence – such as where a person refuses to pay the modified penalty and elects to have the matter determined by a Court – the modified penalties will no longer apply and the offender will be liable to a minimum penalty of $300 upon conviction. The implementation of a significant minimum penalty may act as a deterrent for those who frivolously apply for parking infringements to be dealt with by a court. A number of other local governments have now successfully incorporated minimum penalties into their local laws. Clause 10.1(3) also establishes a maximum penalty of $5,000. However, for most parking offences, a Court will only impose the minimum penalty of $300. Still, a maximum penalty is appropriate (and typical) for a parking local law. There may be some circumstances – such as where a commercial vehicle is being parked unlawfully deliberately as part of a business operation – where a Court may impose penalties which exceed the minimum penalty. Furthermore, clause 10.1(3) establishes a maximum daily penalty of $500 per day for continuing offences, such as circumstances in which a vehicle is left obstructing a public place for several days at a time in contravention of clause 9.7(1). Again, a Court will rarely impose daily penalties for a parking offence.

Parking Local Law 2012- Clause 9.7: (1) A person must not leave a vehicle, or any part of a vehicle, in a public place so that it obstructs the use of any part of that public place without the permission of the local government or unless authorized under any written law. (2) A person will not contravene sub-clause (1) where the vehicle is left for a period not

exceeding 24 hours.

Parking Local Law 2016- Clause 9.7: Vehicles not to obstruct a public place 1 A person must not leave a vehicle, or any part of a vehicle, in a public place without the

written permission of the local government or unless authorised under any written law. 2 A person will not contravene sub-clause (1) where the vehicle is left for a period not

exceeding 24 hours.

Parking Local Law 2016- Clause 10.1 (3): Offences and penalties Any person who commits an offence under this local law shall be liable, upon conviction, to a penalty not less than $300 and not exceeding $5,000. If the offence is of a continuing nature, a person shall be liable to an additional penalty not exceeding $500 for each day or part of a day during which the offence has continued

15. Schedule 2 has been amended to include the new offence under clause 3.8(1)(e) and

the two separate offences established under clauses 4.8(1) and 4.8(2) respectively. It is anticipated the 2016 Parking Local Law process will take about 6 to 9 months before gazetted. Penalties have been increased to reflect the time delay of implementing the 2016 Parking Local Law. The 2016 Parking Local Law increases various penalties from $100 to $120 and $65 to $80. There are penalties of $150 in the 2012 Parking Local Law and these penalties remain the same in the 2016 Parking Local Law.

16. Schedule 4 has been amended to include the complete land description and details for

the various parking stations identified therein.

Parking Local Law 2012- Clause 10.1 (3): Any person who commits an offence under this local law must be liable, upon conviction, to a penalty not less than $250 not exceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of a day during which the offence has continued.


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13.3 PEOPLE & PLACES

13.3.1 CONTRIBUTION TO MOSMAN PARK MEN'S SHED

Attachments: Proposed Extension Plan Responsible Officer: Liz Ledger

Executive Manager People and Places Author: Maryanne Martino

Manager Community Development Proposed Meeting Date: 15 March 2016

Purpose For Council to consider a submission from Mosman Park Men’s Shed requesting funds to extend their current facility.

Background The Men’s Shed project begun in 2012, it is a national model that is successful all over the country. The Shed is a place where men can work on projects, learn skills and socialise. Sheds are community based clubs. While activities range widely from Shed to Shed, it is driven by member interest. The objective of this facility is to restore some of the balance that is lost through modern practices, through creating communal Shed spaces that support the traditional uses of a Shed. The community benefit is creating awareness and providing education about men’s health and wellbeing to the members. Over the last three financial years the Town has contributed financially to the Shed to support a full time manager. The total contribution has been $40,000

Discussion The Town received a letter from the Mosman Park Men’s Shed requesting $25,000 to support an extension of the facility. The reason for the extension is to improve safety and extend space. The Shed has grown so much that at the moment there is not enough space to complete projects safely. The extension would be south of the current building (see plan attached). A similar request has been made to Cottesloe and Mosman Park for a contribution of $25,000 and Peppermint Grove for $10,000. None of these local governments have committed to funding, yet. There are approximately 250 members that live within the four councils; forty of them are members who live in Claremont. Most of the members from Claremont are active meaning they attend several times a month. Claremont residents represent 16.5% of the total membership. The Shed work with the community and has completed projects for a range of not for profit organisations, such as Friends of Lake Claremont. Twice a year they organise


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a community craft market that has become very popular with craft people all over the metropolitan area. This is a positive community initiative with many benefits for this demographic. This demographic are often harder to connect with and this project creates such opportunities for the members that attend. Recently the Town’s officers attended a site meeting and it was evident that the members are very passionate and that the facility is managed very well by its members.

Past Resolutions N/A

Financial and Staff Implications The Men’s Shed plan to complete the extension within the 2016-2017 financial year, and they have advised the total cost of the project is approximately $100,000, which they hope to fund as follows: Town of Claremont $25,000 Town of Cottesloe $25,000 Town of Mosman Park $25,000 Shire of Peppermint Grove $10,000 Men’s Shed $15,000 In the statistics provided, forty of the 250 members live in Claremont. This is 16.5% all of which are active members, therefore it is suggested that 16.5% of the total project cost is funded.

Policy and Statutory Implications This request for funding applies to Policy PE404 ‘Vibrant Claremont – Community Support Program’. The purpose of this policy is to support local community development and community capacity building.

Communication / Consultation Community Development staff recently met with members of the Men’s Shed to go through the details of the planned extension and the intention.

Strategic Community Plan People

We live in an accessible and safe community that welcomes diversity, enjoys being active and has a strong sense of belonging.

• Maintain, effectively manage and enhance the Town’s community facilities in response to a growing community.

• Create opportunities for and access to social participation and inclusion in support of community health and well being.

• Improve the capacity of local community groups.


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Urgency The Men’s Shed plan to carry out the extension over the 2016-2017 financial year, therefore this allocation should fit within our usual budget process


OFFICER RECOMMENDATION That

1. Council consider including $16,500 in the 2016-2017 budget to fund the extension of the Mosman Park Men’s Shed.

2. The Town of Claremont finding is subject to funding support from other Council’s to the extent necessary that the extension can proceed.

3. As part of this funding agreement, the Shed

3.1. Create the garden beds for the Town’s community garden in Claremont Park

3.2. Holds one of their craft markets within the Town of Claremont

3.3. Provides the Town access to the Men’s Shed shuttle bus.

PEOPLE AND PLACES

CONTRIBUTION TO MOSMAN PARK MEN'S SHED

PROPOSED EXTENSION PLAN

15 MARCH 2016

ATTACHMENT 1

PAGES 2


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14 ANNOUNCEMENTS BY THE PRESIDING PERSON

15 ELECTED MEMBERS’ MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

16 NEW BUSINESS OF AN URGENT NATURE APPROVED BY THE PERSON PRESIDING OR BY DECISION OF MEETING


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17 CONFIDENTIAL MATTERS FOR WHICH THE MEETING MAY BE CLOSED TO THE PUBLIC

17.1 PLANNING AND DEVELOPMENT

17.1.1 WASTE RECYCLING COLLECTION SERVICE CONTRACT RENEWAL

File Ref: WST00267 Responsible Officer: Les Crichton Executive Manager Corporate and Governance Author: Brian Kavanagh

Manager Statutory Services Proposed Meeting Date: 15 March 2016

Purpose It is proposed that the following item be considered in closed session.

RECOMMENDATION That in accordance with Section 5.23 (2) of the Local Government Act 1995 the meeting is closed to members of the public with the following aspects of the Act being applicable to this matter: (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.


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18 FUTURE MEETINGS OF COUNCIL

19 DECLARATION OF CLOSURE OF MEETING

notice of meeting - town of claremont · notice of meeting . notice is hereby given. that an ....

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