ordinary meeting of council - city of swan · should be made of the minutes of the following...

CITY of SWAN

M I N U T E S

ORDINARY MEETING OF COUNCIL

15 FEBRUARY 2017

ATTENTION

These minutes are subject to confirmation.

Prior to acting on any resolution of the Council contained in these minutes, a check should be made of the minutes of the following Ordinary Meeting of Council to

ensure that there has not been a correction made to the resolution.

MINUTES AVAILABLE ON THE WEBSITE

www.swan.wa.gov.au

TABLE OF CONTENTS

PART A - OPENING PROCEDURES 7

1. OPENING AND ANNOUNCEMENT OF VISITORS 7

2. DISCLAIMER (READ ALOUD BY PRESIDING MEMBER) 7

3. ATTENDANCE AND APOLOGIES 7

4. DECLARATIONS OF FINANCIAL AND PROXIMITY INTERESTS AND INTERESTS AFFECTING IMPARTIALITY 8

5. PUBLIC QUESTION TIME 9

5.1 ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE 9

5.2 QUESTIONS RELATING TO REPORTS CONTAINED IN THE AGENDA 9

5.3 OTHER QUESTIONS 9

6. PUBLIC STATEMENT TIME 10

7. PETITIONS 10

8. DEPUTATIONS 10

9. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION 11

10. MEMBERS' QUESTIONS 12

10.1 ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE 12

10.2 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN 12

10.3 QUESTIONS OF WHICH DUE NOTICE HAS NOT BEEN GIVEN 12

11. LEAVE OF ABSENCE 13

12. CONFIRMATION OF MINUTES 14

13. ANY BUSINESS LEFT OVER FROM PREVIOUS MEETING 15

13.1 APPLICATION FOR A DAM - LOT 221 EDELWEISS HEIGHTS, BULLSBROOK (DA013-15) 15

13.2 PROPOSED RESTAURANT - LOT 211 (NO.2931) WEST SWAN ROAD, CAVERSHAM (DA927-15) 15

13.3 PROPOSED FREIGHT RAIL REALIGNMENT 15

PART B - REPORTS 17

1. CORPORATE PLANNING AND POLICY 17

1.1 POLICY REVIEW - FINAL ADOPTION - MODIFICATION TO POL-C-129 VEHICLE PARKING STANDARDS 17

1.2 DRAFT DEVELOPMENT CONTROL POLICY 4.3 PLANNING FOR HIGH-PRESSURE GAS PIPELINES - CITY'S COMMENTS TO WESTERN AUSTRALIAN PLANNING COMMISSION 19

1.3 DRAFT GOVERNMENT SEWERAGE POLICY - CITY'S COMMENTS TO WAPC 20

1.4 DESIGN WA - CITY'S COMMENTS TO WESTERN AUSTRALIAN PLANNING COMMISSION 21

2. COMMUNITY PLANNING AND DEVELOPMENT 22

2.1 ADOPTION OF URBAN GROWTH CORRIDOR LOCAL AREA PLAN 22

3. STATUTORY PLANNING 23

3.1 MODIFICATION TO DAYTON LOCAL STRUCTURE PLAN 2B - SAM ROSA PLACE, DAYTON (SP17-021) 23

3.2 MODIFICATION TO APPROVED STRUCTURE PLAN DP16/F LEXIA, ELLENBROOK 24

3.3 PROPOSED CHANGE OF USE - PLACE OF WORSHIP - LOT 46 UNIT 4/16 STANFORD WAY MALAGA (DA550-16) 25

3.4 PROPOSED BIO-REMEDIATION - LOT 5 (NO.91) WALYUNGA ROAD, BULLSBROOK (DA376-16) 26

3.5 PROPOSED SINGLE HOUSE - LOT 5 (NO.14A) CHATHAM ROAD, WOODBRIDGE (DA422-16) 28

3.6 PROPOSED SHOWROOM - LOT 38 (NO.1964) BEACH ROAD, MALAGA (DA730-16) 30

3.7 APPLICATION FOR A WATER TANK - LOT 329 (NO.178) VINES AVENUE, THE VINES (RC017-16) 33

3.8 PROPOSED LOCAL SHOP - LOT 23 (STRATA LOT 3, NO.73) GREAT NORTHERN HIGHWAY, MIDLAND (DA692-16) 34

3.9 PROPOSED MOTEL AND FOOD AND BEVERAGE PRODUCTION AND RURAL PURSUIT - LOT 6 (NO.789) GREAT NORTHERN HIGHWAY, HERNE HILL (DA082-16) 36

3.10 RURAL PURSUIT (KEEPING OF ALPACAS) - LOT 23 (NO.227) CATHEDRAL AVENUE, BRIGADOON (DA562-13) 39

3.11 PROPOSED SHED (COVERED HORSE YARDS AND FACILITIES) - LOT 7 (NO.17) SOLERA VISTA, MIDDLE SWAN (DA712-16) 41

4. OPERATIONAL MATTERS 43

5. FINANCIAL AND LEGAL MATTERS 44

5.1 FINANCIAL MANAGEMENT REPORT - DECEMBER 2016 44

5.2 LIST OF ACCOUNTS PAID - DECEMBER 2016 45

6. GOVERNANCE 46

6.1 APPOINTMENT OF EXTERNAL AUDITORS 46

6.2 GUIDELINE - COUNCIL AGENDA FORUMS 47

6.3 DEVELOPMENT ASSESSMENT PANEL - NOMINATIONS 48

6.4 STUDY TOUR APPROVAL - CR TREASE 50

6.5 CONFERENCE APPROVAL - CR DAVID LUCAS 51

7. REPORTS OF THE CHIEF EXECUTIVE OFFICER 54

8. ADOPTION OF THOSE RECOMMENDATIONS CONTAINED IN ITEMS NOT WITHDRAWN 55

9. URGENT BUSINESS 56

9.1 DECLARATION OF EMERGENCY 56

PART C - OTHER BUSINESS AND CLOSING PROCEDURES 58

1. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 58

C1.1 CR TREASE ERROR! BOOKMARK NOT DEFINED.

C1.2 CR MCDONNELL 59

2. NOTICE OF MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING IF GIVEN DURING THE MEETING 60

C2.1 CR HENDERSON 60

3. CONFIDENTIAL ITEMS 61

4. CLOSURE 62

CITY of SWAN

ORDINARY COUNCIL

MEETING

PART A

OPENING PROCEDURES

15 FEBRUARY 2017

MINUTES OF THE ORDINARY MEETING OF COUNCIL

HELD AT MIDLAND TOWN HALL

ON WEDNESDAY 15 FEBRUARY 2017 COMMENCING AT 5.30PM

PART A - OPENING PROCEDURES

1. OPENING AND ANNOUNCEMENT OF VISITORS

The Mayor welcomed those present, including the Bullsbrook Air Scout Group, and opened the meeting at 5.30pm.

2. DISCLAIMER (READ ALOUD BY PRESIDING MEMBER)

The City of Swan disclaims any liability for any loss arising from any person or body relying on any statement, discussion, recommendation or decision made during this meeting.

Where an application for an approval, a licence, or the like is considered or determined during this meeting the City warns that neither the applicant nor any other person or body should rely upon that discussion or determination until written notice of either an approval and the conditions which relate to it or the refusal of the application has been issued by the City.

Conditions of Entry: No electronic, visual or audio recording or transmitting device or instrument is permitted to be used. A person who breaches this provision of the City of Swan Meeting Procedures Local Law 2015 will be required to immediately leave the premises.

3. ATTENDANCE AND APOLOGIES

Councillors: Cr M Wainwright Mayor, Altone Ward (Presiding Member) Cr D Lucas Deputy Mayor, Altone Ward

Cr D Färdig Altone Ward Cr M Haynes Ballajura Ward Cr A Kovalevs Ballajura Ward Cr J McNamara Ballajura Ward Cr C McCullough Ellenbrook Ward Cr D McDonnell Ellenbrook Ward Cr M Elliott Midland/Guildford Ward Cr I Johnson Midland/Guildford Ward Cr R Henderson Swan Valley/Gidgegannup Ward Cr D Trease Swan Valley/Gidgegannup Ward

Staff: Mr M Foley Chief Executive Officer Ms A Albrecht A/Executive Manager Stakeholder

Relations Mr D Bruce A/Executive Manager Operations Mr M Bishop Executive Manager Community Wellbeing M J Coten A/Executive Manager Corporate Mr S Tan Executive Manager Planning and

Development Mr P Russell Manager Statutory Planning Mr J Blanchard Manager Governance Ms K Phillips Ms M Dwyer Governance Support Officer (Minute

Clerk) Leave of Absence: Cr P Williams Ellenbrook Ward

Cr D Parasiliti Midland/Guildford Ward Apologies: Cr K Bailey North Ward

Members of the Public: 25 (approximately)

Media: 1

4. DECLARATIONS OF FINANCIAL AND PROXIMITY INTERESTS AND INTERESTS AFFECTING IMPARTIALITY

Cr McDonnell declared an interest affecting impartiality in Item 3.5 - Proposed Single House - Lot 5 (No.14A) Chatham Road, Woodbridge (DA422-16) by virtue of the owner being an ex-employee/subcontractor.

Cr Trease disclosed an interest affecting impartiality in Item 6.4 of Part B – Study Tour Approval - Cr Trease by virtue of being the subject of the report.

Cr Lucas disclosed a financial interest and an interest affecting impartiality in Item 6.5 of Part B – 6.5 by virtue of being the subject of the report.

5. PUBLIC QUESTION TIME

Public question time commenced at 5.33pm.

5.1 ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE

5.1.1 Mr Barry Arthur Vice President, Swan Valley Residents and Ratepayers Association

Q Regarding questions on the way the City had calculated, adopted and applied rates for 2016/17, will Council consider the matter and rectify it?

A The CEO advised that it was his intention to prepare a report to Council on the matter. The report will be prepared and submitted to Council after staff obtain independent legal advice from the Department of Local Government and Communities, the City's lawyers and external financial advisors. The process is not expected to be completed until at least March.

Mr Arthur will be informed of the key findings and recommendations following Council's consideration of the report prepared for them.

5.2 QUESTIONS RELATING TO REPORTS CONTAINED IN THE AGENDA

5.2.1 Questions of which due notice has been given

Nil

5.2.2 Questions without due notice

5.2.2.1Mr Carl Mills

Q1 A procedural question, is a decision made by a majority vote?

A1 The Mayor advised yes, most decisions require a simple majority, some require absolute majority.

5.3 OTHER QUESTIONS

5.3.1 Questions of which notice has been given

Nil

5.3.2 Questions without notice

5.3.2.1Ms Dianne Arvino, Bellevue Residents and Ratepayers Association

Q1 Would the City consider the purchase of the Darling Range Hotel? Reasons for the purchase would include protecting the neighbourhood centre as included in the Bellevue East Land Use Study and reduce costs resulting from the State Administrative Tribunal appeal.

A1 The CEO took the question on notice.

Public question time concluded at 5.37pm as there were no further questions.

6. PUBLIC STATEMENT TIME

6.1 Miss Kalita Tomlinson, Bullsbrook Air Scout Venturer Unit Secretary

Miss Tomlinson presented Council with an Application to alter the Pickett Park facility and requested the Council consider the proposal. The Bullsbrook Scout Group has a strong Venturer unit and the project will assist the sustainability of the unit by allowing the younger Scouts to see what senior members are doing and to want to link up when they are older, thus retaining membership. Most units have their own Den. Project costs will be applied for via a Lotterywest Grant.

6.2 Miss Hannah Owen, Bullsbrook Venturer Unit Chairperson

I represent the youth members, leaders and parents of the Bullsbrook Air Scout Group and would like to thank the City for their outstanding upgrade work carried out at Pickett Park Hall. It is with the support of our dedicated leaders and organisations such as the City of Swan that the young people of Bullsbrook, who at times feel a little remote, are able to take part in scouting and to feel the 'gang' they are proud to belong to is making a difference. Thank you to City staff who take time to listen to the youth and Councillors for their forward thinking and ongoing support.

6.3 Mr Scott Vincent, Planning Solutions in regard to Item 3.1 - Modification to Dayton Local Structure Plan 2B - Sam Rosa Place, Dayton (SP17-021)

Mr Vincent advised his client had no issue with the intent of the Structure Plan amendment. However, the proposed local road layout has implications for both of the sites of their client. We request Council request additional modifications to the proposed Structure Plan amendment for a better outcome.

6.4 Ms Dianne Arvino, Bullsbrook Residents and Ratepayers Association

Regarding the appeal to the State Administrative Tribunal for the application for the Darling Range Hotel site, the Bellevue Residents and Ratepayers Association support the City who has been invited to form part of the defence. We support the City's Bellevue East Land Use Study.

7. PETITIONS

Nil

8. DEPUTATIONS

Nil

9. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION

9.1 Presentation by the Deputy Mayor

The City has recently been recognised in the Australian Red Cross Blood Service’s Red25 Competition.

Red25 is a blood donation program for groups such as workplaces, community groups, schools and universities around Australia. The program aims to ensure 25% of Australia's blood donations are secured.

Yesterday the CEO accepted the third place award for the 2016 local Councils challenge, with 36 blood donations from City of Swan staff. One donation can save three lives, so that’s 108 lives.

Wanneroo won the competition saving 153 lives, followed by Joondalup and Bunbury, who tied on 114.

Council congratulates the City of Swan staff who took part and looks forward to the 2017 competition. I encourage Councillors to also participate next year.

9.2 Announcements by the Mayor

I would like to use my announcements tonight to speak about the flooding the City experienced over past five days. After heavy rains, many of WA’s rivers flooded. This included the rivers passing through the City: the Avon River and the Swan River.

This flooding has had a serious impact on our community. City infrastructure, such as parks, toilets and playgrounds has been impacted. Across the Swan Valley, wineries, vineyards and local producers have had their crops and harvests destroyed.

On Monday, I declared an emergency, enabling the CEO and his staff to make impacted areas safe, begin the clean-up and carry out repairs.

The City has activated an inter-agency Flood Recovery Committee to coordinate the response to the flood.

The State Government has also declared the flooding a natural disaster, enabling access to WA Natural Disaster Relief and Recovery Arrangements funding.

While the waters have started receding, they continue to pose a risk to the public. Our ongoing message is to stay out of floodwaters. They are unsafe as they contain dangers such as snakes and debris. We are also encouraging the public to protect themselves against mosquitos, as their numbers will boom as in the wake of the flood there are perfect breeding grounds.

Yesterday, I toured the affected areas to inspect the damage. It is clear to see this emergency has not only had a physical impact, it has taken a toll on our community emotionally. For many, the damaged crops were their livelihood.

Although the impact on our community has been significant, we must consider ourselves lucky we did not lose more. We have not lost any lives or homes. We send our condolences to the families of the two men who lost their lives to the floods in WA’s South.

Flooding is not a common occurrence in the City of Swan, but we must always remain conscious of their possibility and remain prepared to respond.

I would like to commend the City of Swan staff and our various community stakeholders for their professionalism in responding to this emergency. I also commend our residents for their resilience in this challenging time.

I assure all of our residents, the City will continue to assist our community where possible.

10. MEMBERS' QUESTIONS

10.1 ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE

Nil

10.2 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

Nil

10.3 QUESTIONS OF WHICH DUE NOTICE HAS NOT BEEN GIVEN

10.3.1 Cr Johnson

Q1 Can you advise the total paid by developers into the public art fund by way of the 1% tax in the 2015/2016 financial year?

A1 Total contributions by Developers amounted to $322,248 in the 2015/16 financial year.

Q2 Can you advise a breakdown as to how this was spent i.e. on-site art, versus paid into the City fund and how that fund was spent?

A2 The public art fund was reviewed in 2015/2016 and projects were planned for 2016/17-2017/18. The City is spending $417,124 in this period, leaving a total of $278,914 for future projects.

The current projects are commissions at Bullsbrook Community Centre, Waterhall Park, Midland Youth Hub, Ellenbrook District Open Space South and along Reid Highway, Malaga. Funds will also be used to paint ping pong tables in Ellenbrook, as a youth development project.

10.3.2 Cr McNamara

Q1 In regard to the works at Hepburn Avenue, specifically the compacting of sand, has the City informed or inspected any properties that may be affected and result in claims lodged against the City?

A1 A/Executive Manager Corporate took the question on notice.

11. LEAVE OF ABSENCE

RESOLVED UNANIMOUSLY that the following Councillors be granted leave of absence for the period requested:

Cr Parasiliti Midland/Guildford Ward 15 February 2017 to 11 March 2017 (inclusive)

Cr Färdig Altone Ward 3 March 2017 to 6 March 2017 (inclusive) and 14 April 2017 to 17 May 2017 (inclusive)

(Cr Elliott - Cr Haynes)

12. CONFIRMATION OF MINUTES

12.1 Confirmation of Minutes of Ordinary Meeting of Council held on 18 January 2017.

12.2 Confirmation of Minutes of Special Meeting of Council held on 30 January 2017.

RESOLVED UNANIMOUSLY that the Minutes of the Ordinary Meeting of Council held on 18 January 2017 and Special Meeting of Council held on 30 January 2017 be confirmed.

(Cr Trease – Cr Kovalevs)

13. ANY BUSINESS LEFT OVER FROM PREVIOUS MEETING

13.1 APPLICATION FOR A DAM - LOT 221 EDELWEISS HEIGHTS, BULLSBROOK (DA013-15)

This matter was deferred at the Ordinary Meeting of Council held on 28 September 2016 to clarify the size of the dam, and receive a hydrological report from a suitably qualified hydrologist or engineer (commissioned by and all costs to be borne by the applicant).

13.2 PROPOSED RESTAURANT - LOT 211 (NO.2931) WEST SWAN ROAD, CAVERSHAM (DA927-15)

This matter was deferred at the Ordinary Meeting of Council held on 30 November 2016 to give the applicant the opportunity to consult with City officers and neighbouring properties, provide the opportunity for interested Councillors to visit the sight, and the applicant to submit revised plans that addresses concerns with the design.

13.3 PROPOSED FREIGHT RAIL REALIGNMENT

This matter was deferred at the Ordinary Meeting of Council held on 14 December 2016 to accommodate a request of the Department of Planning to conduct further meetings with relevant City of Swan staff on this matter.

RECOMMENDATION:

1) Note the information provided for Items 13.1, 13.2 and 13.3.

(Cr Haynes – Cr McCullough)

CITY of SWAN

ORDINARY COUNCIL

MEETING

PART B

REPORTS

15 FEBRUARY 2017

PART B - REPORTS

1. CORPORATE PLANNING AND POLICY

1.1 POLICY REVIEW - FINAL ADOPTION - MODIFICATION TO POL-C-129 VEHICLE PARKING STANDARDS

Ward: (All Wards) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

RECOMMENDATION

That the Council resolve to:

1) Approve the amended POL-TP-129 Vehicle Parking Standards in accordance with Clause 4(3)(b)(ii) of the Planning and Development (Local Planning Scheme) Regulations 2015.

2) Publish a notice of the policy in a newspaper circulating in the Scheme area.

MOTION that the Council resolve to:

1) Amend the wording of Clause 2.13 (iii) to read as follows:

iii. the capital costs of new local public transportation infrastructure, including cycling and pedestrian facilities, shuttle bus service infrastructure or real time transit information, that are situated upon land under the control of the Local Government;



4) Record the reason for changing the staff recommendation by inserting the word infrastructure is to clarify that the cash in lieu funding is to be used for shuttle bus service infrastructure and not to provide shuttle bus services.

(Cr Johnson - Cr Färdig)

RESOLVED UNANIMOUSLY TO:

1) Amend the wording of Clause 2.13 (iii) to read as follows:

iii. the capital costs of new local public transportation infrastructure, including cycling and pedestrian facilities, shuttle bus service infrastructure or real time transit information, that are situated upon land under the control of the Local Government;



4) Record the reason for changing the staff recommendation by inserting the word infrastructure is to clarify that the cash in lieu funding is to be used for shuttle bus service infrastructure and not to provide shuttle bus services.

1.2 DRAFT DEVELOPMENT CONTROL POLICY 4.3 PLANNING FOR HIGH-PRESSURE GAS PIPELINES - CITY'S COMMENTS TO WESTERN AUSTRALIAN PLANNING COMMISSION

Ward: (All Wards) (Strategic Planning)



RECOMMENDATION


1) Forward the comments contained in the attached “Summary of Concerns” as the City’s submission on Development Control Policy 4.3 – Planning for High-Pressure Gas Pipelines to the Department of Planning and Western Australian Planning Commission.

CARRIED

1.3 DRAFT GOVERNMENT SEWERAGE POLICY - CITY'S COMMENTS TO WAPC

Ward: (All Wards) (Strategic Planning)



RECOMMENDATION


1) Forward the comments contained in the attached Submission Form as the City’s submission on the draft Government Sewerage Policy 2016 to the Department of Planning and WAPC.

CARRIED

1.4 DESIGN WA - CITY'S COMMENTS TO WESTERN AUSTRALIAN PLANNING COMMISSION

Ward: (All Wards) (Strategic and Statutory Planning)



RECOMMENDATION


1) Advise the Department of Planning that Council supports the proposed State Planning Policy subject to some clarification on its application to public works.

2) Advise the Department of Planning that Council supports the Apartment Design guidelines for multiple dwelling and mixed-use developments subject to expansion of the requirements for onsite vegetation retention.

3) Advise the Department of Planning that Council does not support a requirement for Design Review Panels to be mandatory.

4) Advise the Department of Planning that Council recommends that, if Design Review Panels are to be mandatory, they should be funded and administered by the State through the Department of Planning in the same manner as Development Assessment Panels.

5) Forward the comments contained herein as the City’s submission on the Design WA suit of documents to the Department of Planning and WAPC.

CARRIED

2. COMMUNITY PLANNING AND DEVELOPMENT

2.1 ADOPTION OF URBAN GROWTH CORRIDOR LOCAL AREA PLAN

Ward: (Altone and Swan Valley/Gidgegannup Wards)

(Strategic Planning)



RECOMMENDATION


1) Adopt the Urban Growth Corridor Local Area Plan.

2) Advise those that lodged submissions to the draft Urban Growth Corridor Local Area Plan of the Council’s decision accordingly.


1) Defer consideration of this item until a future Ordinary Meeting of Council.

2) Record the reason for changing the staff recommendation is to allow for further review, editing and comment by Councillors and staff prior to adoption.

(Cr Lucas – Cr Henderson)


1) Defer consideration of this item until a future Ordinary Meeting of Council.

2) Record the reason for changing the staff recommendation is to allow for further review, editing and comment by Councillors and staff prior to adoption.

3. STATUTORY PLANNING

3.1 MODIFICATION TO DAYTON LOCAL STRUCTURE PLAN 2B - SAM ROSA PLACE, DAYTON (SP17-021)

Ward: (Altone Ward) (Statutory Planning)



RECOMMENDATION


1) Recommend approval for the proposed modification to Dayton Local structure Plan 2B with modifications to include reference to Lot 29 Sam Rosa Place, Dayton in the report.

2) Forward the structure plan to the Western Australian Planning Commission for final determination in accordance with Cl.22 of the Planning and Development (Local Planning Schemes) Regulations 2015 accompanied by Form 5C.

CARRIED

3.2 MODIFICATION TO APPROVED STRUCTURE PLAN DP16/F LEXIA, ELLENBROOK

Ward: (Ellenbrook Ward) (Statutory Planning)



RECOMMENDATION


1) Recommend approval for the proposed Modification to Development Plan 16 Lexia.

2) Forward the structure plan to the Western Australian Planning Commission for final determination in accordance with Cl.22 of the Planning and Development (Local Planning Schemes) Regulations 2015 accompanied by Form 5C.

3) Advise the Applicant and those who lodged a submission of Council’s decision accordingly.

CARRIED

3.3 PROPOSED CHANGE OF USE - PLACE OF WORSHIP - LOT 46 UNIT 4/16 STANFORD WAY MALAGA (DA550-16)

Ward: (Ballajura Ward) (Statutory Planning)

Disclosure of Interest: Nil.


RECOMMENDATION


1) Refuse the application for a Place of Worship at Lot 46 (Unit 4, No.16) Stanford Way, Malaga for the following reasons:

1. The proposed Place of Worship is inconsistent with proper and orderly planning as the land is identified to be rezoned to Highway Service, and a Place of Worship is an ‘X’ (not permitted) use in that zone.

2. There is insufficient parking onsite to accommodate the proposal.

3. A parking shortfall already exists on the subject site, and the proposal will exacerbate the problem by 12 bays

4. Objections were received from landowners within the subject site, relating to parking inadequacy

5. There are no immediate plans to deliver parking bays within the Stanford Way road reservation

6. The applicant has no intention of construction or financially contributing towards additional parking bays.

2) Advise the applicant/owner of the resolution of Council.

3) Advise those that lodged a submission of the Council's decision accordingly.

CARRIED

3.4 PROPOSED BIO-REMEDIATION - LOT 5 (NO.91) WALYUNGA ROAD, BULLSBROOK (DA376-16)

Ward: (North Ward) (Statutory Planning)



RECOMMENDATION

That the Council, following SAT's request for reconsideration of the application DA376/2016, resolve to:

1) Approve the Bio-remediation of Class III Impacted Soils and Acid Sulphate Soils at Lot 5 (No.91) Walyunga Road, Bullsbrook subject to the following conditions:

1. This approval is for the Bio-remediation of Class III Impact Soils and Acid Sulphate Soils at Lot 5 (No.91) Walyunga Road, Bullsbrook in accordance with the Application for a Works Approval to Bio-Remediate Contaminated Soils Report prepared for Brajokovich Landfill & Recycling Pty Ltd prepared by Site Environmental & Remediation Services Pty Ltd (SERS) received by the City of Swan on 16 May 2016.

2. Soils that have been successfully remediated onsite must remain on site and be disposed of within the existing landfill.

3. The noise generated by activities on-site, including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997. All development works are to be carried out in accordance with control of noise practices set out in Section 6 of AS2436-2010.

4. Activity on site will be limited to between 7am and 7pm Monday to Saturday, excluding Public Holidays.

5. Activity on site must cease when dust is observed crossing the site boundary, with the exception of action taken to rectify the dust nuisance.

6. A record must be made, kept on site and be made available on the request to the Chief Executive Officer of all occurrences when site activity has ceased due to dust being observed crossing the site boundary. A record of the action taken to rectify the dust nuisance should also be made.

7. A maximum 10km/h speed limit for all vehicles is to be maintained and enforced on site.

8. All truckloads of material shall be securely covered to prevent any dust escape during transport.

9. In addition to measures set out in the report, where appropriate such measures as installation of sprinklers, use of water tanks or other land management systems should be installed or implemented within the time and in the manner directed by the Chief Executive Officer if it is considered that a dust nuisance exists.

10. Water for the control of dust shall be taken from the established sumps on site, no water shall be collected from the holding ponds associated with the treatment area for the use in dust suppression.

11. Any dust accumulations produced from vehicle entry and exit from the site shall be cleared by the applicant to the satisfaction of the Chief Executive Officer.

12. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval from the City.

ADVICE NOTES: Standard advice notes apply and advice notes pertaining to unauthorised works, line marking of car bays and effluent disposal.

2) Advise the State Administrative Tribunal, the applicant and those that made a submission of the Council's decision.


1) Defer consideration of the matter until the Environmental Protection Agency has considered the application as referred to it by the Western Australian Planning Commission.

2) Note the reason for changing the recommendation is to take a precautionary approach to the address of the water quality and environmental issues posed by the application as mentioned in the deputations.

(Cr McDonnell – Cr Trease)


1) Defer consideration of the matter until the Environmental Protection Agency has considered the application as referred to it by the Western Australian Planning Commission.

2) Note the reason for changing the recommendation is to take a precautionary approach to the address of the water quality and environmental issues posed by the application as mentioned in the deputations.

3.5 PROPOSED SINGLE HOUSE - LOT 5 (NO.14A) CHATHAM ROAD, WOODBRIDGE (DA422-16)

Ward: (Midland/Guildford Ward) (Statutory Planning)


Authorised Officer: (Executive Manager Planning)

Cr McDonnell declared an interest affecting impartiality in Item 3.5 - Proposed Single House - Lot 5 (No.14A) Chatham Road, Woodbridge (DA422-16) by virtue of the owner being an ex-employee/subcontractor.

RECOMMENDATION


1) Approve the application for a Single House at Lot 5 (No.14A) Chatham Road, Woodbridge subject to the following conditions:

1. This approval is for a “Single House” as defined in the City of Swan Local Planning Scheme No. 17 and the subject land may not be used for any other use without the prior approval of the City.

2. A Notification under Section 70A of the Transfer of Land Act 1893 must be registered over the certificate of title to the land the subject of the proposed development prior to the lodgement of an application for a building permit. The notification shall notify owners and prospective purchasers of the land that the land is affected by aircraft noise.

3. The parapet wall and footings shall be constructed inside the allotment.

4. The surface of the parapet wall shall be finished to a professional standard (i.e. have raked/rolled joints or an even render finish), to complement the dwelling on the adjoining lot (green titles), to the satisfaction of the Chief Executive Officer.

5. Vehicle access onto the site shall be restricted to that shown on the approved site plan.

6. Vehicle parking areas, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City, in accordance with the approved plans.

7. All pavement on the site must be capable of accepting anticipated loadings (including access ways, parking areas, storage and hard stands). The City will not accept any responsibility for subsequent failure of any pavement.

8. All stormwater produced from this property including subsoil drainage is to be disposed of into the City's drainage system via a silt trap in accordance with the City’s requirements. Invert level at point of connection is 6.208 (A.H.D.).

9. As the development is within the Midland District Drainage Area, a drainage contribution is required. This fee is to contribute towards the upgrade and supply of an adequate drainage service within the area. Payment shall be made prior to the lodgement of a Building Permit application and prior to any work commencing on the site.

10. Earthworks, footings and/or structures are not to extend over any lot boundaries.

11. The development must be connected to the Water Corporation's sewer where available.

12. All crossovers must be built and maintained in accordance with the City's specifications.

13. All construction works within the road reserve including crossovers, drainage infrastructure, service adjustment, landscaping and footpath placement or reinstatement, must be built and maintained in accordance with the City's specification. Failure to do so may result in these works being removes and reinstated by the City and the applicant's expense.

14. At occupancy, the owner is responsible for the maintenance of the crossover, landscaping and reticulation in the verge.

15. The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant's expense.

16. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.

ADVICE NOTES Standard advice notes apply.

2) Advise the applicant/owner of the resolution of Council and relevant advice notes pertaining to the approval.

3) Advise the submitter of Council's decision accordingly.

CARRIED

3.6 PROPOSED SHOWROOM - LOT 38 (NO.1964) BEACH ROAD, MALAGA (DA730-16)

Ward: (Ballajura Ward) (Statutory Planning)

Disclosure of Interest:


RECOMMENDATION


1) Approve the application for the proposed Showroom on Lot 38 (No.1964) Beach Road, Malaga, as per Option 1 above (including a condition requiring a cash-in-lieu payment for the 7 bay onsite parking shortfall, or the construction of the same to the Council’s satisfaction within the surrounding street verges); and subject to the following conditions:

1. This approval is for “Showroom” as defined in the City’s Local Planning Scheme No.17 and the subject land may not be used for any other use without the prior approval of the City.

2. The applicant to pay the City of Swan the cost of construction for 7 at-grade

parking bays within the verge of Holder Way and/or Harlond Avenue, at $3,500 per bay. Alternatively, the applicant may undertake the construction of the same to Council’s satisfaction within the surrounding street verges.

3. The floor area shown on the approved plan as “Storage” shall not be accessible to the general public.

4. A total of 27 parking bays shall be provided on site, each measuring at least

5.4 metres x 2.4 metres, clearly marked on the ground and served by a 6 metre wide paved accessway. Where the accessway abuts a building or other barrier, a minimum width of 6.5 metres is required. Disabled bays to comply with Australian Standard 2890.6.

5. The parking area and pavement indicated on the approved plan shall be

clearly marked to indicate a one way traffic flow, entering from Beach Road, and exiting onto Holder Way, to the satisfaction of the Manager, Statutory Planning. This shall include clear pavement marking to indicate no exit onto Beach Road (at the northern entrance) and no entry from Holder Way (at the southern entrance).

6. Prior to the lodgement of a building permit application, a landscape plan must

be submitted to the City of Swan for approval. This plan shall show details of the landscaping for landscaping areas shown on the approved site plan (including species).

The landscaping plan shall include species suitable to provide shade to the car park on the north side of the building. Low growing species (less than 0.75m tall) shall be planted within 1.5m of the point where the battle-axe leg meets the Holder Way street boundary, so as not to restrict the sight lines of drivers.

7. All landscaping must be completed in accordance with the approved detailed landscape plan, prior to the occupation of any building and all landscaping is to be maintained onsite to the satisfaction of the Chief Executive Officer.

8. Landscaping, drainage, parking areas, pavement, kerbing, line marking, as depicted on the approved plans shall be maintained at all times to the satisfaction of the City.

9. Use of the site for the purpose approved shall not commence until an Occupancy Permit is issued.

10. Provision must be made for access and facilities for use by people with

disabilities in accordance with provisions of the Building Code of Australia and AS 1428.1.

11. Emergency lighting design is to be prepared by a qualified electrical consultant.

12. Earthworks, footings and/or structures are not to extend over any lot

boundaries.

13. Car parking bays and areas designated for landscaping, shall not be used for the storage, display or selling of any goods or vehicles whatsoever.

14. Vehicle access onto the site shall be restricted to that shown on the approved

site plan. 15. All pavement on the site must be capable of accepting anticipated loadings

(including accessways, parking areas, storage and hardstands). The City will not accept any responsibility for subsequent failure of any pavement.

16. Vehicle parking area, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City, in accordance with the approved plans.

17. Stormwater to be piped to interconnecting soakwells with an overflow to City system. Soakwells must achieve a minimum detention and be located at least 1.8m clear of buildings and property boundaries. All gully grates are to be installed in accordance with manufacturers' specifications.

Invert level at point of connection to City system is 7.11m (relative level as per site plan submitted).

18. Storm drain to be designed and installed in accordance with the City's design guidelines.

19. No fluid, other than uncontaminated stormwater is to enter any stormwater drain without prior approval from the City and the Environmental Protection Authority.

20. The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant's expense.




CARRIED

3.7 APPLICATION FOR A WATER TANK - LOT 329 (NO.178) VINES AVENUE, THE VINES (RC017-16)

Ward: (North Ward) (Statutory Planning)



RECOMMENDATION


1) Approve the variation to the 'deemed-to-comply' provisions of Part 5.1.3 of the Residential Design Codes of Western Australia with respect to the side boundary setback of the water tank at Lot 329 (No.178) Vines Avenue, The Vines.

2) Advise the applicant/owner and the submitter of the Council's decision.

CARRIED

3.8 PROPOSED LOCAL SHOP - LOT 23 (STRATA LOT 3, NO.73) GREAT NORTHERN HIGHWAY, MIDLAND (DA692-16)

Ward: (Midland/Guildford Ward) (Statutory Planning)



RECOMMENDATION


1) Approve the application for a 'Local Shop' on Lot 23 (Strata Lot 3, No.73) Great Northern Highway, Midland, subject to the following conditions:

1. This approval is for “Local Shop” as defined in the City’s Local Planning Scheme No.17 and the subject land may not be used for any other use without the prior approval of the City.

2. The landowner is to make a contribution to the City of Swan in accordance

with the City of Swan Pol-C-040, "Midland District Drainage Development Fund", based on the total site allotment area of 452m2 (area of strata lot 3), to the satisfaction of the City of Swan. Payment is to be made prior to the lodgement of a building permit application and/or prior to any work commencing on the site.

3. A total of 3 parking bays shall be provided, each measuring 5.5 x 2.5

metres, clearly marked on the ground and served by a 6 metre wide paved accessway. Where the accessway abuts a building or other barrier, a minimum width of 6.5 metres is required. Disabled bays to comply with Australian Standard 2890.6.

4. Vehicle access onto the site shall be restricted to that shown on the

approved site plan. 5. Brick paving shall be used for driveway and parking areas. Brick pavers are

required to have a minimum thickness of 60mm depending upon the paving unit type in accordance with specifications. All brick paved areas for vehicle use are to be kerbed, drained and plans approved by the Chief Executive Officer.

6. The parking area and pavement indicated on the approved plan must have

appropriate signs and appropriate line marking installed to give clear direction to motorists in accordance with Australian Standards. This must be maintained on an annual basis to the satisfaction of the City.

7. Vehicle parking area, access and circulation areas must be sealed, kerbed,

drained and maintained to the satisfaction of the City, in accordance with the approved plans.

8. Car parking bays and areas designated for landscaping, shall not be used for

the storage, display or selling of any goods or vehicles whatsoever.

9. All stormwater produced on the site shall be disposed of into the City’s drainage system via an internal system approved by the Chief Executive Officer.

10. Earthworks, footings and/or structures are not to extend over any lot

boundaries. 11. The applicant is to ascertain the location and depth of any services that may

interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant's expense.

12. Provision must be made for access and facilities for use by people with

disabilities in accordance with provisions of the Building Code of Australia and AS 1428.1.

13. No bunting is to be erected on the site. (Bunting here includes streamers,

streamer strips, banner strips or decorations of similar kind). 14. Signage shall comprise no internal or external illumination. 15. Refuse bin areas adequate to service the development shall be provided to

the satisfaction of the City’s Principal Environmental Health Officer before the development is occupied or used.

16. The development must be connected to the Water Corporation’s sewer

where available. 17. Use of the site for the purpose approved shall not commence until an

Occupancy Permit is issued. 18. Any additional development, which is not in accordance with the application

(the subject of this approval) or any condition of approval, will require further approval of the City.

ADVICE NOTES: Standard advice notes apply.

2) Advise the applicant/owner of the resolution of Council and relevant advice pertaining to the approval.

3) Advise the submitter of the Council's decision accordingly.

CARRIED

3.9 PROPOSED MOTEL AND FOOD AND BEVERAGE PRODUCTION AND RURAL PURSUIT - LOT 6 (NO.789) GREAT NORTHERN HIGHWAY, HERNE HILL (DA082-16)

Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning)



RECOMMENDATION


1) Approve the application for the proposed Motel, Food and Beverage Production and Rural Pursuit at Lot 6 (No.789) Great Northern Highway, Herne Hill subject to the following conditions:

1. This approval is for “Motel”, “Food and Beverage Production” and "Rural Pursuit" as defined in the City of Swan Local Planning Scheme No 17 and the subject land may not be used for any other use without the prior approval of the City.

2. A maximum of 5 sheep with lambs at foot, 5 cows with calves at foot, 1 milking cow and 50 free range egg laying chickens are approved as part of the Rural Pursuit component.


4. Provision must be made for access and facilities for use by people with disabilities in accordance with provisions of the Building Code of Australia and AS1428.1.

5. A minimum of 11 parking bays shall be provided for the Motel. Disabled bays to comply with Australian Standard 2890.6.

6. A minimum of two parking bays shall be provided for the Food and Beverage Production. Disabled bays to comply with Australian Standard 2890.6.

7. Vehicle parking areas, access and circulation areas must be sealed, kerbed, drainage and maintained to the satisfaction of the City, in accordance with the approved plans.

8. Only one access onto Great Northern Highway shall be permitted and this shall be located on the northernmost boundary to provide the maximum separation distance from the right turning pocket and the intersection of Great Northern Highway/McDonald Street. (MRWA)

9. No earthworks shall encroach onto the Great Northern Highway road reserve. (MRWA)

10. No stormwater drainage shall be discharged onto the Great Northern Highway reserve. (MRWA)

11. The applicant shall make good any damage to the existing verge vegetation within the Great Northern Highway reservation. (MRWA)

12. All stormwater is to be collected and contained onsite. No stormwater is to be discharged from the property into other land or reserves. Stormwater drainage plans are to be included at submission of building permit application.

13. No stormwater is to be channelled or discharged into the Swan River and onsite minor tributary, without proper stormwater management approved by the City.

14. Earthworks over the site and batter must be stabilised to prevent sand blowing, and appropriate measures must be implemented within the time and in the manner directed by the City in the event that sand is blown or drifts from the site.

15. Manure storage areas should be designed to hold all manure collected prior to use.

16. Manure shall not be used as fertiliser during wet months and periods of heavy rainfall.

17. Manure should be collected daily then contained and covered. Manure stored prior to removal for composting as fertilizer should be covered with a waterproof cover on a low permeability surface to prevent fly breeding, liquid waste run-off and discharge to ground.

18. The owners shall maintain the lot in accordance with the approved Property Management Plan submitted dates 19 September 2016, so long as the number of livestock on the premises exceeds the dry stocking rate.

19. All native vegetation shall be fenced for protection against stock damage.

20. The paddocks shall be kept clean and tidy, free of any feed (i.e. hard feed; hay and the like) that horses do not consume.

21. In accordance with the Health Act 1911 and the Health (Treatment of sewage and disposal of effluent and liquid waste) Regulations 1974, an application to construct an Onsite Effluent Disposal (OED) system must be submitted to the City’s Health Service for vetting prior to being submitted to the State Department of Health for approval. A building permit cannot be issued until such time as the OED application has been approved. As OED applications may take some time to be approved, please allow sufficient time for OED approval prior to submission of applications for building permits.

22. Refuse bin areas adequate to service the development shall be provided to the satisfaction of the City’s Manager Health and Building Services before the development is occupied or used.

23. External lighting shall comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting.

24. All crossovers must be built and maintained in accordance with the City’s specifications.

25. All construction works within the road reserve including crossovers, drainage infrastructure, service adjustment, landscaping and footpath placement or reinstatement, must be built and maintained in accordance with the City’s specifications. Failure to do so may result in these works being removed and reinstated by the City at the applicant’s expense.

At occupancy, the owner is responsible for the maintenance of the crossover, landscaping and reticulation in the verge.

26. The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant’s expense.

ADVICE NOTES – Standard advice notes apply.


3) Advise all those who lodged a submission of the Council’s decision accordingly.

CARRIED

3.10 RURAL PURSUIT (KEEPING OF ALPACAS) - LOT 23 (NO.227) CATHEDRAL AVENUE, BRIGADOON (DA562-13)

Ward: Swan Valley / Gidgegannup (Statutory Planning)



RECOMMENDATION


1) Grant approval for the 'Rural Pursuit' (keeping of alpacas) on Lot 23 (No.227) Cathedral Avenue, Brigadoon, pursuant to the provisions of the City’s Local Planning Scheme No. 17 and subject to the following conditions:

a. This approval is for a “Rural Pursuit” (keeping of alpacas) as defined in the City’s Local Planning Scheme No.17, including associated fencing, paddocks and storage areas as depicted on the approved plan, and the subject land may not be used for any other use without the prior approval of the City.

b. Within 60 days of the date of this approval, the owner shall submit a revised Property Management Plan to the City of Swan for approval, which is to include:

a) feeding practices for stock, including stockpiling and disposal of excess feed;

b) a commitment to maintain groundcover for grazing areas as necessary to prevent dust, mud and soil erosion; and,

c) manure management practices, including collection, storage and disposal;

to the satisfaction of the Chief Executive Officer.

c. The owner shall maintain the lot in accordance with the approved Property Management Plan so long as more than twenty-one (21) alpacas are kept on the property.

d. Stormwater shall be directed around buildings and away from alpaca feeding, watering and congregating areas. Wastewater from congregation areas, wash down areas, and solid waste stores shall be directed on to vegetative filters or other suitable surface soakage areas.

e. All stormwater produced on the site shall be collected, contained and disposed of onsite to the satisfaction of the City of Swan. No stormwater is to be channelled or discharged from the property into any waterway or other land or reserves.

f. If the 'Rural Pursuit' causes any obstruction, alteration or contamination of a natural waterway or flow of surface water, the landowner shall rectify the damage caused to the City's satisfaction, including fencing off the waterway to prevent stock access where deemed appropriate.

g. Any additional development that is not in accordance with the application (the subject of this approval) or any condition of approval will require further approval of the City.

ADVICE NOTES - Advice notes apply.

2) Recommend to the Western Australian Planning Commission to approve the 'Rural Pursuit' (keeping of alpacas) on Lot 23 (No.227) Cathedral Avenue, Brigadoon.


4) Advise those who lodged a submission of the Council's decision accordingly.

CARRIED

3.11 PROPOSED SHED (COVERED HORSE YARDS AND FACILITIES) - LOT 7 (NO.17) SOLERA VISTA, MIDDLE SWAN (DA712-16)

Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning)



RECOMMENDATION


1) Grant approval for a 920m2 shed on Lot 7 (No.17) Solera Vista, Middle Swan subject to the following conditions:

1. This approval is for a “Shed” associated with a “Rural Pursuit”, as defined in the City’s Local Planning Scheme No.17 and limited by the terms and conditions outlined within this approval.

2. The Rural Pursuit is limited to the rearing, stabling, exercising and/or training

of horses that are owned or cared for by either:

i. a person who is the owner of the land; or ii. a person who is the occupant of a dwelling on the land.

3. Facilities associated with the Rural Pursuit shall not be made available to the

public or any organisation, club, association or similar, without first obtaining approval from the City.

4. The shed shall only be used for domestic and/or rural purposes associated with

the property, and not for human habitation. 5. The walls and roof of the shed shall be clad in materials / colours as follows:

• Walls and downpipes – to match Colorbond “Windspray”; • Roofs, gutters and roller doors – to match Colorbond “Basalt”

or other colours to complement the rural surroundings, and/or adjoining developments in its vicinity, to the satisfaction of the Chief Executive Officer.

6. All stormwater is to be collected and contained onsite. No stormwater is to be

discharged from the property into other land or reserves. Stormwater drainage plans are to be included at submission of building permit application.

7. Any additional development, which is not in accordance with the application

(the subject of this approval) or any condition of approval, will require further approval of the City.


2) Refer the Application to the WAPC with a recommendation that the application be approved subject to conditions.


4) Advise the submitter of the Council's decision accordingly.

CARRIED

4. OPERATIONAL MATTERS

Nil

5. FINANCIAL AND LEGAL MATTERS

5.1 FINANCIAL MANAGEMENT REPORT - DECEMBER 2016

Ward: (All Wards) (Financial Services and Rates)


Authorised Officer: (Executive Manager Corporate)

RECOMMENDATION


1) Note the financial statements and report for the month ended 31 December 2016 in accordance with regulation 34(1) of the Local Government (Financial Management) Regulations 1996.

CARRIED

5.2 LIST OF ACCOUNTS PAID - DECEMBER 2016

Ward: (All Wards) (Financial Services and Rates)



RECOMMENDATION


1) Note the Chief Executive Officer's list of accounts paid under delegated authority for December 2016, in accordance with regulation 13(1) of the Local Government (Financial Management) Regulations 1996.

CARRIED

6. GOVERNANCE

6.1 APPOINTMENT OF EXTERNAL AUDITORS

Ward: (All Wards) (Governance)



RECOMMENDATION


1) Endorse the appointment of Macri Partners as the City’s external auditors for the 2016 external audit.

CARRIED

6.2 GUIDELINE - COUNCIL AGENDA FORUMS




RECOMMENDATION


1) Adopt the attached Guideline for Council Agenda Forums.

CARRIED

6.3 DEVELOPMENT ASSESSMENT PANEL - NOMINATIONS



Authorised Officer: (Chief Executive Officer)

RECOMMENDATION


1) Nominate Councillors and as the City's local government members with and as the alternate members to the relevant local Development Assessment Panel.

2) Advise the Minister for Planning of the City's nominees.

Councillors Bailey, Haynes, Henderson, McDonnell and Trease nominated as the City's local government members for the Development Assessment Panel.

Ballot papers were distributed and Councillors were requested to select the two Councillors they wished to represent the Council.

The CEO read the votes aloud and the result of the ballot was as follows:

Cr Bailey 3 votes

Cr Haynes 5 votes

Cr Henderson 2 votes

Cr McDonnell 6 votes

Cr Trease 8 votes

Cr Haynes withdrew her nomination therefore no vote was required for the City's local government alternate members for the Development Assessment Panel.


1) Nominate Councillors Cr Trease and Cr McDonnell as the City's local government members with Cr Henderson and Cr Bailey as the alternate members to the relevant local Development Assessment Panel.


(Cr Kovalevs – Cr Färdig)


1) Nominate Councillors Cr Trease and Cr McDonnell as the City's local government members with Cr Henderson and Cr Bailey as the alternate members to the relevant local Development Assessment Panel.


6.4 STUDY TOUR APPROVAL - CR TREASE

Ward: (No Wards) (Governance)



Cr Trease disclosed an interest affecting impartiality in Item 6.4 of Part B – Study Tour Approval - Cr Trease by virtue of being the subject of the report.

RECOMMENDATION


1) Approve funding of $1950 for Cr Trease to undertake a 3 day study tour of the City of Livermore in July 2017 with funding provided from the Members of Council Conference budget

2) Schedule a briefing session for Cr Trease to present his findings to Council within three months of his return.

MOTION that the Council resolve to adopt the staff recommendation.

(Cr McDonnell - Cr Lucas)

RESOLVED (10/2) TO:

1) Approve funding of $1950 for Cr Trease to undertake a 3 day study tour of the City of Livermore in July 2017 with funding provided from the Members of Council Conference budget

2) Schedule a briefing session for Cr Trease to present his findings to Council within three months of his return.

For: Crs Elliott, Haynes, Henderson, Johnson, Kovalevs, Lucas, McCullough, McDonnell, Trease and Wainwright

Against: Crs Färdig and McNamara

6.5 CONFERENCE APPROVAL - CR DAVID LUCAS

Ward: (No Wards) (Governance)



Cr Lucas disclosed a financial interest and an interest affecting impartiality in Item 6.5 of Part B – 6.5 by virtue of being the subject of the report.

Cr Lucas left the Chamber at 6.14pm and did not speak or otherwise participate in the decision making process.

RECOMMENDATION


1) Approve for Cr David Lucas to attend the PIA Congress 2017.


1) Approve for Cr David Lucas, Cr Maria Haynes to attend the PIA Congress 2017.

2) Record the reason for changing the staff recommendation is to approve the attendance of Cr Haynes to attend the PIA Congress 2017.

(Cr Haynes - Cr Trease)

AMENDMENT TO THE MOTION

1) Insert ' and Cr Cate McCullough' at Part 1.

2) Reschedule the Wednesday, 3 May 2017 Agenda Forum to Monday, 8 May 2017.

3) Record the reason for the amendment is that the PIA Congress is the leading planning conference in Australia and a valuable learning experience and all interested Councillors should have to opportunity to attend. An alternate date for the agenda forum is considered necessary to ensure the effectiveness of the agenda forum process.

(Cr McCullough – Cr Johnson)

FORESHADOWED MOTION

In the event of the substantive motion being defeated Cr McNamara foreshadowed that he would move a motion to approve Crs Haynes and McCullough.

THE AMENDMENT WAS PUT TO THE VOTE AND CARRIED UNANIMOUSLY

THE AMENDMENT BECAME PART OF THE SUBSTANTIVE MOTION

1) Approve for Cr David Lucas, Cr Maria Haynes and Cr Cate McCullough to attend the PIA Congress 2017.

2) Reschedule the Wednesday, 3 May 2017 Agenda Forum to Monday, 8 May 2017.

3) Record the reason for the amendment is that the PIA Congress is the leading planning conference in Australia and a valuable learning experience and all interested Councillors should have to opportunity to attend. An alternate date for the agenda forum is considered necessary to ensure the effectiveness of the agenda forum process.

AMENDMENT TO THE MOTION

1) Remove Cr David Lucas from Part 1.

2) Remove Part 2 of the substantive motion.

The Mayor ruled the amendment would substantially change the substantive motion and so disallowed the amendment.

THE SUBSTANTIVE MOTION WAS PUT TO THE VOTE AND LOST (5/6)

For: Crs Henderson, Johnson, McCullough, Trease and Wainwright

Against: Crs Elliott, Färdig, Haynes, Kovalevs, McDonnell and McNamara


1) Approve Cr Maria Haynes and Cr Cate McCullough to attend the PIA Congress 2017.

2) Not approve Cr David Lucas to attend the PIA Congress 2017.

3) Record the reason for changing the staff recommendation is to approve only two additional Councillors' attendance at the Congress.

(Cr McNamara - Cr Färdig)

RESOLVED 7/4 TO:

1) Approve Cr Maria Haynes and Cr Cate McCullough to attend the PIA Congress 2017.

2) Not approve Cr David Lucas to attend the PIA Congress 2017.

3) Record the reason for changing the staff recommendation is to approve only two additional Councillors' attendance at the Congress.

For: Crs Färdig, Haynes, Johnson, Kovalevs, McCullough, McDonnell and McNamara

Against: Crs Elliott, Henderson, Trease and Wainwright

Cr Lucas returned to the Chamber at 6.58pm.

7. REPORTS OF THE CHIEF EXECUTIVE OFFICER

Nil

8. ADOPTION OF THOSE RECOMMENDATIONS CONTAINED IN ITEMS NOT WITHDRAWN

RESOLVED UNANIMOUSLY that the reports of Council in Part B of the Agenda not withdrawn be received and the recommendations therein adopted:

Items 1.2 1.3

1.4 3.1

3.2 3.3

3.5 3.6

3.7 3.8

3.9 3.10

3.11 5.1

5.2 6.1

6.2

(Cr Färdig – Cr Kovalves)

9. URGENT BUSINESS

9.1 DECLARATION OF EMERGENCY

(Verbal update from the Chief Executive Officer)

The Mayor provided an update on the status of the local flood emergency at the start of the meeting.

The Mayor authorised emergency expenditure under section 6.8 of the Local Government Act 1995 with enables expenditure outside of budget and exempts regulations on procurement. This allows management to get on with the recovery task.

Expenditure incurred under this authorisation must be reported to the next ordinary council meeting. As the City has not received any invoices for work done under this authorisation no expense has yet been incurred. There will be a report to the next ordinary council meeting with details of the expenses incurred under this authorisation.

RECOMMENDATION


1) Note the Mayor's authorisation of emergency expenditure.



(Cr Trease - Cr Henderson)



CITY of SWAN

ORDINARY COUNCIL

MEETING

PART C

OTHER BUSINESS

AND CLOSING PROCEDURES

15 FEBRUARY 2017

PART C - OTHER BUSINESS AND CLOSING PROCEDURES

1. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

C1.1 CR TREASE

1) That the City provide the required funds to the West Gidgegannup Volunteer Bush Fire Brigade to enable the purchase of an Engel 38L Chest Fridge / Freezer to fit to their fire unit to keep water supplies cold.


1) Fund the purchase and installation of an Engel 40L Chest Fridge / Freezer for the West Gidgegannup Volunteer Bush Fire Brigade to the maximum value of $1,720.

(Cr Trease – Cr Henderson)

RESOLVED (11/1) TO:

1) Fund the purchase and installation of an Engel 40L Chest Fridge / Freezer for the West Gidgegannup Volunteer Bush Fire Brigade to the maximum value of $1,720.

For: Crs Elliott, Haynes, Henderson, Johnson, Kovalevs, Lucas, McCullough, McDonnell, McNamara, Trease and Wainwright

Against: Cr Färdig

C1.2 CR MCDONNELL

1) That the City review the current Public Art Policy, to investigate options to include a place making function attribute.

OFFICERS COMMENT

There are two City policies currently addressing public art and they have recently been reviewed to allow more flexibility in terms of allowing temporary art installations for the purpose of place making. This may be a pop up installation, mural or the like.

Policy POL-LP-1.10 Provision of Public Art, which is designed to ensure that new development within the City makes a fair and reasonable contribution toward public artworks, was adopted by Council on 17 August 2016 and Policy POL-C-142 Public Art, which is intended to ensure the City acquires public art that adds to the visual amenity of the City and promotes cultural diversity, was adopted by Council on 15 June 2016.

The City also has a supporting Public Art Implementation Guideline document which supports place making through:

• aligning significant art projects with major development, high use areas and redevelopment projects;

• recognising and celebrating stories from all representative cultures within the City;

• supporting the development of engaging and interactive public art commissions, particularly those which involve our community; and

• commissioning a range of engaging permanent, temporary and ephemeral projects.

Internal deployment processes include Councillor and Community engagement to provide the City’s key stakeholders with the opportunity for input so that the provision of public art is reflective of the community and encourages the making of places.

Although these policies don’t directly use the words ‘place making’, the intent of the changes to the policy and supporting implementation guideline and deployment processes are strongly for the purpose of place making. This intent, along with improved community engagement, is very much front of mind for staff moving forward with public art installations.

In view of the above information, staff consider the current framework for public art addresses place making considerations.

Cr McDonnell advised that he withdrew his motion.

2. NOTICE OF MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING IF GIVEN DURING THE MEETING

C2.1 CR HENDERSON

That Council offer rates relief to businesses in the Swan Valley impacted by the recent flood event.

3. CONFIDENTIAL ITEMS

Nil

4. CLOSURE

There being no further business, the Presiding Member, Cr Wainwright, thanked those present for their attendance and declared the meeting closed at 7.11pm.

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