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Minutes Council Meeting 26 February 2019 Attention 1

Declaration o · Web viewIn relation to the Mount Claremont Oval Hockey Development Proposal, are Council aware that the letter from Nedlands Administration to Mt Claremont residents,

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Page 1: Declaration o · Web viewIn relation to the Mount Claremont Oval Hockey Development Proposal, are Council aware that the letter from Nedlands Administration to Mt Claremont residents,

Minutes

Council Meeting

26 February 2019

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 Ordinary Meeting of Council following this meeting to ensure that there has not been a correction made to any resolution.

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Table of Contents

Declaration of Opening....................................................................................Present and Apologies and Leave of Absence (Previously Approved)...........1. Public Question Time.....................................................................1.1 Mr Carl Brauhart, 48 Lisle Street, Mt Claremont – Mt

Claremont Hockey Proposal...........................................................1.2 Ms Anne McCrudden, 27 Landon Way, Mt Claremont – Mt

Claremont Hockey Proposal...........................................................1.3 Ms Fleur Della Bosca, 3 Cleland Street, Mt Claremont – Mt

Claremont Hockey Proposal...........................................................1.4 M Selby Ryder Millard, 52 Lisle Street, Mt Claremont – Mt

Claremont Hockey Proposal...........................................................1.5 Ms Susan Hartley, 33 Lisle Street, Mt Claremont – Mt

Claremont Hockey Proposal...........................................................1.6 Ms Fiona Ellison, Lisle Street, Mt Claremont – Mt

Claremont Hockey Proposal...........................................................1.7 Ms Holger Butenschon, 44A Lisle Street, Mt Claremont –

Mt Claremont Hockey Proposal......................................................1.8 Ms Andrea Beck, 44A Lisle Street, Mt Claremont – Mt

Claremont Hockey Proposal.........................................................1.9 Mr Steven Curtis, 18 Archdeacon Street, Nedlands – 14.5

Number of Dwelling Units.............................................................1.10 Ms Sasha Bosich, 13 Brockway Road, Mt Claremont – 13.9.......2. Addresses by Members of the Public...........................................3. Requests for Leave of Absence...................................................4. Petitions........................................................................................5. Disclosures of Financial Interest...................................................5.1 Councillor de Lacy – 13.11 - Conference Attendance

Request - Councillor de Lacy - Cities & Regions 4.0 Summit 2019................................................................................

6. Disclosures of Interests Affecting Impartiality...............................6.1 Councillor Hassell – 13.10 - Metro West JDAP Application

– (Lot 564) No. 101 Monash Avenue, Nedlands – Mental Health Unit addition to Hollywood Private Hospital......................

7. Declarations by Members That They Have Not Given Due Consideration to Papers...............................................................

8. Confirmation of Minutes...............................................................8.1 Ordinary Council meeting 18 December 2018.............................9. Announcements of the Presiding Member without

discussion.....................................................................................10. Members announcements without discussion..............................10.1 Councillor Shaw – UDIA WA State Conference Attendance........10.2 Councillor Hassell - Design WA Launch.......................................11. Matters for Which the Meeting May Be Closed............................12. Divisional reports and minutes of Council committees and

administrative liaison working groups...........................................12.1 Minutes of Council Committees....................................................12.2 Planning & Development Report No’s PD01.19 to PD08.19

(copy attached).............................................................................

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PD01.19 No. 19 Weld Street, Nedlands – Addition (Carport) to Single House................................................................................

PD02.19 No. 73 Carrington Street, Nedlands – Change of Use (from Hire Service to Motor Repair Station)...........................................

PD03.19 Local Planning Policy – Signs......................................................PD04.19 Local Planning Policy – State Administrative Tribunal –

Response to Appeals...................................................................PD05.19 Local Planning Policy – Consultation and Notification of

Planning Proposals......................................................................PD06.19 No.100 Stirling Highway, Nedlands – Request to Remove

Deed for the Existing Windsor Cinema Roof Sign........................PD07.19 RFP 2018/19.03 Greenways Development and

Maintenance.................................................................................PD08.19 Lease with the Department of Education for Dalkeith Pre-

School at Reserve 27002 – 167 Victoria Avenue, Dalkeith..........12.3 Technical Services Report No’s TS01.19 to TS02.19 (copy

attached)......................................................................................TS01.19 College Park Family Centre Renovation......................................TS02.19 Maisonettes Garage Replacement...............................................12.4 Corporate & Strategy Report No’s CPS01.19 to CPS03.19

(copy attached).............................................................................CPS01.19 List of Accounts Paid – November 2018......................................CPS02.19 List of Accounts Paid – December 2018......................................CPS03.19 Parking and Parking Facilities Amendment Local Law 2018........13. Reports by the Chief Executive Officer.........................................13.1 Common Seal Register Report – December 2018 &

January 2019................................................................................13.2 List of Delegated Authorities – December 2018 & January

2019.............................................................................................13.3 Monthly Financial Report – December 2018................................13.4 Monthly Investment Report – December 2018.............................13.5 Monthly Financial Report – January 2019....................................13.6 Monthly Investment Report – January 2019.................................13.7 Annual Electors Meeting – 13 December 2018............................13.8 No. 35 Asquith Street, Mount Claremont – Proposed Car

Park..............................................................................................13.9 No. 11B Brockway Road, Mount Claremont – Two Storey

Single House................................................................................13.10 Metro West JDAP Application – (Lot 564) No. 101 Monash

Avenue, Nedlands – Mental Health Unit addition to Hollywood Private Hospital...........................................................

13.11 Conference Attendance Request - Councillor de Lacy - Cities & Regions 4.0 Summit 2019...............................................

13.12 RFT 2018-19.04 - 30 (lot 415) St Johns Wood Boulevard, Mt Claremont - Public Open Space Development........................

13.13 RFT 2018-19.07 - Street Tree Pruning Under Power Lines.........14. Elected Members Notices of Motions of Which Previous

Notice Has Been Given................................................................14.1 Councillor Mangano – FTE Headcount Reporting........................14.2 Councillor de Lacy – Underground Power....................................

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14.3 Councillor Horley – Public Open Space.......................................14.4 Councillor McManus – Lot 10764 John XX111 Ave.....................14.5 Mayor Hipkins – Number of Dwelling Units................................14.6 Mayor Hipkins – Advice to Minister for Planning, Lands &

Heritage......................................................................................14.7 Mayor Hipkins – Local Planning Policies - Priorities...................14.8 Mayor Hipkins – Communication with Electors..........................15. Elected members notices of motion given at the meeting for

consideration at the following ordinary meeting on 26 March 2019................................................................................

16. Urgent Business Approved By the Presiding Member or By Decision......................................................................................

17. Confidential Items.......................................................................Declaration of Closure.................................................................................

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City of Nedlands

Minutes of an Ordinary Meeting of Council held in the Council Chambers, Nedlands on Tuesday 26 February 2019 at 7.00 pm.

Declaration of Opening

The Presiding Member declared the meeting open at 7.00 pm and drew attention to the disclaimer below.

(NOTE: Council at its meeting on 24 August 2004 resolved that should the meeting time reach 11.00 p.m. the meeting is to consider an adjournment motion to reconvene the next day).

Present and Apologies and Leave of Absence (Previously Approved)

Councillors His Worship the Mayor, R M C Hipkins (Presiding Member)Councillor I S Argyle Dalkeith WardCouncillor W R B Hassell Dalkeith WardCouncillor A W Mangano Dalkeith WardCouncillor C M de Lacy Hollywood WardCouncillor B G Hodsdon Hollywood WardCouncillor J D Wetherall Hollywood WardCouncillor G A R Hay Melvista Ward Councillor T P James Melvista WardCouncillor N W Shaw Melvista WardCouncillor N B J Horley Coastal Districts WardCouncillor L J McManus Coastal Districts Ward Councillor K A Smyth Coastal Districts Ward

Staff Mr M A Glover Acting Chief Executive OfficerMrs L M Driscoll Director Corporate & StrategyMr P L Mickleson Director Planning & DevelopmentMr J S Cresswell Acting Director Technical ServicesMrs N M Ceric Executive Assistant to CEO & Mayor

Public There were 51 members of the public present.

Press The Post Newspaper representative.

Leave of Absence Nil.(Previously Approved)

Apologies Nil.

Absent Nil.

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Council Minutes 26 February 2019

Disclaimer

Members of the public who attend Council meetings should not act immediately on anything they hear at the meetings, without first seeking clarification of Council’s position. For example, by reference to the confirmed Minutes of Council meeting. Members of the public are also advised to wait for written advice from the Council prior to taking action on any matter that they may have before Council.

Any plans or documents in agendas and minutes may be subject to copyright. The express permission of the copyright owner must be obtained before copying any copyright material.

1. Public Question Time

1.1 Mr Carl Brauhart, 48 Lisle Street, Mt Claremont – Mt Claremont Hockey Proposal

Question 1In relation to the Mount Claremont Oval Hockey Development Proposal, are Council aware that the letter from Nedlands Administration to Mt Claremont residents, dated 24 October 2018, contains the following statement “This site is the potentially the (sic) most suitable for the hockey club’s facilities and is proposed following extensive investigations for alternative sites. Other sites were identified, but discounted due to location, costs of rehabilitation, land tenure and funding”?

Answer 1Yes.

Question 2Are Council aware that the statement “This site is the potentially the most suitable for the hockey club’s facilities and is proposed following extensive investigations for alternative sites. Other sites were identified, but discounted due to location, costs of rehabilitation, land tenure and funding” in no way makes clear that the Westside Wolves made these investigations? Is Council aware that one could reasonably imply from the letter that Nedlands Council made the “extensive investigations” and that Mount Claremont is the last option left to the City of Nedlands?

Answer 2

The City recognises that the statement could be construed as a City investigation however, the investigations have only been conducted by Westside Wolves.

Question 3Are Council aware that there are four sites identified by Nedlands Administration as potentially suitable for a synthetic hockey development and that the land status of these sites has not changed since 24 October 2018?

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Answer 3The discussion regarding four potential alternative sites has not been before Council.

Question 4Was there any attempt by Nedlands Council in their letter of 24 October 2018 to mislead the residents of Mt Claremont over who did the “extensive investigations” cited in the letter and as to whether Mt Claremont Oval is the last option left in the City?

Answer 4Absolutely not.

Question 5Has any disciplinary action been taken by Nedlands Council regarding the letter of 24 October 2018 to Mt Claremont residents?

Answer 5There is no basis for disciplinary action in this letter.

Question 6Has any attempt been made to clarify this matter with Mt Claremont residents?

Answer 6The community engagement sought the Mt Claremont residents’ opinions with respect to the proposal by Westside Wolves.

Question 7Are council aware that the following is still on their website "Other sites have been investigated but have been discounted due to size, location and the costs of construction - and on some sites, the cost of rehabilitation. In the absence of other suitable sites and the requirements for a hockey facility, Mt Claremont Oval is the most appropriate option."? Given the preceding questions, will this statement now be removed?

Answer 7Yes, this is an historical FAQ which won't be removed until the process is complete.

1.2 Ms Anne McCrudden, 27 Landon Way, Mt Claremont – Mt Claremont Hockey Proposal

Question 1Does the Council know that if they do not vote No to the Westside Wolves Hockey Club's proposal for the Mt Claremont Oval, they will have set a dangerous precedent for other clubs such as YMCC, who are based in the City of Cambridge to submit proposals to base their club with a synthetic Pitch at any other Oval within the City of Nedlands?

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Answer 1The City does not believe this would be a precedent as all applications are considered on their merits.

Question 2You do know that the Westside Wolves Hockey Club are based in the Town of Claremont?

Answer 2The City is aware that the Westside Wolves' current main base is at Crestwood Park in the Town of Claremont.

1.3 Ms Fleur Della Bosca, 3 Cleland Street, Mt Claremont – Mt Claremont Hockey Proposal

QuestionRegarding the hockey proposal for Mount Claremont oval. Are councillors aware that on the Hockey WA website their strategic facilities plan says that a facility of this size would require 100 parking bays?

AnswerThe City is aware that the desirable requirement for the proposed facility as prescribed in the Hockey WA State Sporting Strategic Facilities Plan 2009 to 2025 is 100 car bays.

1.4 M Selby Ryder Millard, 52 Lisle Street, Mt Claremont – Mt Claremont Hockey Proposal

QuestionAre Council aware that Mt Claremont is the only one of the major suburbs that comprise the City of Nedlands with one grassed sporting fields provided by the City (Nedlands-7, Dalkeith-5, Swanbourne-5, Mt Claremont-1)?

AnswerThe City is aware that there is only one City operated active recreation ground in Mt Claremont however, there are at least four others operated by schools or the University in very close proximity.

1.5 Ms Susan Hartley, 33 Lisle Street, Mt Claremont – Mt Claremont Hockey Proposal

Question 1Are Council aware that Mt Claremont is the only one of the major suburbs that comprise the City of Nedlands with one grassed sporting fields provided by the City (Nedlands-7, Dalkeith-5, Swanbourne-5, Mt Claremont-1)?

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Answer 1The City is aware that there is only one City operated active recreation ground in Mt Claremont however, there are at least four others operated by schools or the University in very close proximity.

Question 2In contemplating the Westside Wolves hockey pitch proposal, are Council considering taking freely accessible Public Open Space and fencing that open space?

Answer 2The Council is yet to make a decision.

Question 3Do Council acknowledge that by fencing, paving and building on almost half of the sporting area at Mount Claremont oval, free and practical access to Public Open Space will be greatly diminished for the majority of residents?

Answer 3The matter is yet to be considered by Council.

1.6 Ms Fiona Ellison, Lisle Street, Mt Claremont – Mt Claremont Hockey Proposal

Question Does Council acknowledge that by fencing off half of the sporting area at Mount Claremont oval, that the 130 elderly residents at neighbouring Lisle Lodge will lose their much loved and easy to access local green space?

AnswerThe matter is yet to be considered by Council.

1.7 Ms Holger Butenschon, 44A Lisle Street, Mt Claremont – Mt Claremont Hockey Proposal

QuestionRegarding the proposal by Westside Wolves Hockey Club for a synthetic hockey pitch on Mount Claremont Oval has the council considered the environmental impact of installing a synthetic pitch? i.e. water usage, carbon footprint, carbon sink, end of life disposal, heat dissipation, noise and glare, biodiversity and habitat, etc.

AnswerThe matter is yet to be considered by Council.

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1.8 Ms Andrea Beck, 44A Lisle Street, Mt Claremont – Mt Claremont Hockey Proposal

Question 1Regarding the proposal by Westside Wolves Hockey Club for a synthetic hockey pitch on Mount Claremont Oval: Are Council aware that on the Nedlands Council website - "Your Voice" section Council have answered that “The relocation of any sports and clubs would only occur if there was agreement for this proposal by those clubs. The project would not proceed to the next stage without their support“?

Answer 1Yes

Question 2Are Council aware that stakeholder submissions in the Community Consultation Process were unanimously in opposition to the proposal 6-0, including by three sporting stakeholders?

Answer 2The Council will consider this at the March round of meetings.

Question 3Given Council's stated position and unanimous stakeholder opposition, is there any way that Council can ethically recommend that the Westside Wolves proposal proceed to the next stage?

Answer 3The Council will consider this at the March round of meetings.

1.9 Mr Steven Curtis, 18 Archdeacon Street, Nedlands – 14.5 Number of Dwelling Units

Question The various versions of LPS3 have largely been driven by a requirement for the City to create the potential for additional dwellings. Can the City make this information public, including the list of assumptions and detailed calculations sheets? This includes all versions of LPS3 contemplated to date by the Council (i.e. 13 Dec 2016, Advertised Jan-Mar 2018, Refused by Council 31 July 2018, Modified by Minister 4 Feb 2019).”

AnswerWhat the submitter is asking will be dealt with at item 14.5.

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1.10 Ms Sasha Bosich, 13 Brockway Road, Mt Claremont – 13.9

Question 1In accordance with the R Codes and State Planning Policy which over-rides the TPS, did the applicant submit a list of materials and colours regarding the external appearance of the proposal and which are required before approval can be considered?

Answer 1In accordance with clause 5.2.3 of TPS 2, residential development shall conform to the R-Code provisions unless otherwise provided for in TPS 2.  With respect to building materials, clause 5.5.2 (Preservation of Amenity) under TPS 2 stipulates that up to 25% of the external elevation of any wall of a building in any Residential zone may be of materials other than brick, stone or concrete.  The R-Codes therefore do not prevail regarding this aspect of the development.

Based on the elevations the external walls shall be rendered brickwork and therefore comply with TPS 2. 

Question 2In accordance with Council's Local Planning Policy, did the applicant submit a streetscape plan depicting how their proposed reduced front setback is not (or is) in keeping with the balance of the streetscape?

Answer 2No.  Considering the number of properties within the street block concerned the City was able to establish what the existing street setbacks are for the properties without the need for such a plan.

Question 3In accordance with the R Codes and State Planning Policy as well as the TPS, did the applicant submit a justification for each and all of the many discretions they seek from Council regarding their failure to meet the deemed-to comply provisions and which is required before approval can be considered?

Answer 3Yes.

Question 4Is it true that the major opening for the bedroom on the adjacent southern neighbour's home will be overshadowed by 40% greater than the deemed-to-comply provisions?

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Answer 4Without knowing the exact (current) location of the bedroom concerned the City’s administration is not able to confirm whether it will be impacted, and if so, by how much.  However, as stated under section 9.2 of the report presented to Council the amount of overshadowing proposed which is in excess of what the R-Codes permit equates to approximately 40sqm (not 40%).

Based on the information provided and having referred to the City’s records for the adjoining lot, approximately 49sqm of the dwelling’s roof on the adjoining lot is likely to be overshadowed, and no outdoor living areas and/or solar collectors will be overshadowed.

Even if the development was designed to be compliant with the overshadowing requirements it is likely that the same rooms concerned on the adjoining lot would be overshadowed due to their close proximity to the lot boundary and the narrow width of the subject lot and the neighbouring lot.

2. Addresses by Members of the Public

Mr Michael Huston13 Brockway Road, Mt Claremont 13.9(spoke in opposition to the recommendation)

Ms Sasha Bosich, 13 Brockway Road, Mt Claremont 13.9(spoke in opposition to the recommendation)

Mr Stashu Poliwka, 11B Brockway Road, Mt Claremont 13.9(spoke in support of the recommendation)

Mr James Anderson, 3 Beecham Road, Mt Claremont 14.4(spoke in support of the notice of motion)

Mr Guy Churchill, 67 Hardy Road, Nedlands 14.6(spoke in support of the notice of motion)

Ms Sonya Derry, 38 Napier Street, Nedlands(spoke in relation to Local Planning Scheme No. 3)

Mr Steven Curtis, 18 Archdeacon Street, Nedlands(spoke in relation to Local Planning Scheme No. 3)

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Ms Jennifer Brauhart, 48 Lisle Street, Mt Claremont(spoke in opposition to Westside Wolves Hockey Proposal)

Councillor Wetherall left the room at 7.34 pm and returned at 7.35 pm.

Mr Robert Ziegler, Unit 36 Lisle Lodge, Lisle Street, Mt Claremont(spoke in opposition to Westside Wolves Hockey Proposal)

Mr Bevan Lawrence, 35 Waratah Avenue, Dalkeith(spoke in support of the Westside Wolves Hockey Proposal)

3. Requests for Leave of Absence

Moved – Councillor JamesSeconded – Councillor Hassell

That Councillor Hodsdon be granted leave of absence from 16 April to 16 May 2019.

CARRIED UNANIMOUSLY 13/-

Moved – Councillor HassellSeconded – Councillor James

That Councillor Argyle be granted leave of absence from 26 March to 16 April 2019.

CARRIED UNANIMOUSLY 13/-

4. Petitions

Nil.

5. Disclosures of Financial Interest

The Presiding Member remined Councillors and Staff of the requirements of Section 5.65 of the Local Government Act to disclose any interest during the meeting when the matter is discussed.

5.1 Councillor de Lacy – 13.11 - Conference Attendance Request - Councillor de Lacy - Cities & Regions 4.0 Summit 2019

Councillor de Lacy disclosed a financial interest in Item 13.11 – Conference Attendance Request - Councillor de Lacy - Cities & Regions 4.0 Summit 2019, her interest being that she is the applicant. Councillor de Lacy declared that she would leave the room during discussion on this item.

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6. Disclosures of Interests Affecting Impartiality

The Presiding Member reminded Councillors and Staff of the requirements of Council’s Code of Conduct in accordance with Section 5.103 of the Local Government Act.

6.1 Councillor Hassell – 13.10 - Metro West JDAP Application – (Lot 564) No. 101 Monash Avenue, Nedlands – Mental Health Unit addition to Hollywood Private Hospital

Councillor Hassell disclosed an impartiality interest in Item 13.10 - Metro West JDAP Application – (Lot 564) No. 101 Monash Avenue, Nedlands – Mental Health Unit addition to Hollywood Private Hospital. Councillor Hassell disclosed that his superannuation fund has a small shareholding in Ramsay Healthcare, and as a consequence, there may be a perception that his impartiality on the matter may be affected. Councillor Hassell declared that he would consider this matter on its merits and vote accordingly.

7. Declarations by Members That They Have Not Given Due Consideration to Papers

Nil.

8. Confirmation of Minutes

8.1 Ordinary Council meeting 18 December 2018

Moved – Councillor ShawSeconded – Councillor Smyth

The Minutes of the Ordinary Council Meeting held 18 December 2018 be confirmed.

CARRIED UNANIMOUSLY 13/-

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9. Announcements of the Presiding Member without discussion

Events where the Mayor had represented the City since the last Council meeting:

29 January 2019 City of Nedlands Removal of Last Power Pole, West Hollywood

29 January 2019 Minister for Planning Meeting re LPS32 February 2019 6PR Radio interview LPS32 February 2019

Fiends of Underwood Ave Bushland

Workshop

6 February 2019

State Solicitor’s Office Appeal against SAT finding

8 February 2019 Festival of Perth Sunset - Strutt Dance preview

10 February 2019

City of Nedlands Mason’s Gardens Summer Concert

11 February 2019

National Trust WA Council Meeting

15 February 2019

Urban Development Institute Australia

Lunch – Perth in a Global Context

15 February 2019

State Administrative Tribunal

Mediation – 11b Brockway Road

18 February 2019

David Honey MLA Meeting with Local Member

18 February 2019

Urban Development Institute Australia

Release of Design WA Codes

19 February 2019

Water Sensitive Transition Network

Tranche 3 Workshop

22 February 2019

Future Earth Australia Urban Systems Transformation: Sustainable Cities

24 February 2019

City of Nedlands Dot Bennett Park Summer Concert

10. Members announcements without discussion

10.1 Councillor Shaw – UDIA WA State Conference Attendance

Councillor Shaw advised he will be attending the UDIA WA State Conference – Annual Developer Conference from 27 February to the 1 March 2019 in Bunker Bay. Councillor Shaw advised he would report back to Council in due course.

10.2 Councillor Hassell - Design WA Launch

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Councillor Hassell advised that he, the Mayor and Councillors Wetherall, de Lacy, McManus, Hodsdon and Smyth attended the launch of Design WA by Minister Rita Saffioti at a WAPC/UDIA function on the 18 February 2019.

11. Matters for Which the Meeting May Be Closed

Council, in accordance with Standing Orders and for the convenience of the public, is to identify any matter which is to be discussed behind closed doors at this meeting, and that matter is to be deferred for consideration as the last item of this meeting.

Nil.

12. Divisional reports and minutes of Council committees and administrative liaison working groups

12.1 Minutes of Council Committees

This is an information item only to receive the minutes of the various meetings held by the Council appointed Committees (N.B. This should not be confused with Council resolving to accept the recommendations of a particular Committee. Committee recommendations that require Council’s approval should be presented to Council for resolution via the relevant departmental reports).

Moved – Councillor SmythSeconded – Councillor Hodsdon

The Minutes of the following Committee Meetings (in date order) be received:

Council Committee 12 February 2019Circulated to Councillors on 19 February 2019

CARRIED UNANIMOUSLY 13/-

Note: As far as possible all the following reports under items 12.2, 12.3, 12.4 and 12.5 will be moved en-bloc and only the exceptions (items which Councillors wish to amend) will be discussed.

En BlocMoved - Councillor HassellSeconded – Councillor James

That all Committee Recommendations relating to Reports under items 12.2, 12.3, 12.4 and 12.5 with the exception of Report Nos. PD01.19, PD02.18, PD03.19, PD08.19, TS01.19, TS02.19 & CPS03.19 are adopted en bloc.

CARRIED UNANIMOUSLY 13/-

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12.2 Planning & Development Report No’s PD01.19 to PD08.19 (copy attached)

Note: Regulation 11(da) of the Local Government (Administration) Regulations 1996 requires written reasons for each decision made at the meeting that is significantly different from the relevant written recommendation of a committee or an employee as defined in section 5.70, but not a decision to only note the matter or to return the recommendation for further consideration.

PD01.19 No. 19 Weld Street, Nedlands – Addition (Carport) to Single House

Committee 12 February 2019Council 26 February 2019Applicant Mr K O’Brien Landowner Mr K O’BrienDirector Peter Mickleson – Director Planning & Development Reference DA18/33272Previous Item Nil. Delegation In accordance with Clause 6.7.1a) of the City’s Instrument

of Delegation, Council is required to determine the application due to an objection being received.

Attachments 1. Site Photographs

Regulation 11(da) – Council determined the affect on amenity would be minor.

Moved – Councillor ShawSeconded – Councillor de Lacy

That the Recommendation to Council be adopted subject to condition 3 being deleted.

CARRIED 10/3(Against: Crs. Mangano James & Smyth)

Council Resolution

Council approves the development application dated 05 December 2018 to construct a Carport addition to the existing Single House at (Lot 280) No. 19 Weld Street, Nedlands, subject to the following conditions and advice:

1. The development shall at all times comply with the application and the approved plans, subject to any modifications required as a consequence of any condition(s) of this approval.

2. This development approval only pertains to the proposed carport addition.

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3. All sides of the carport shall remain open and shall not accommodate a door.

4. All stormwater from the development, which includes permeable and non-permeable areas shall be contained onsite.

Advice Notes specific to this proposal:

1. The applicant is advised that the redundant crossover(s) shall be removed and the nature-strip (verge) reinstated to the City’s satisfaction.

2. The applicant is advised that any development in the nature-strip (verge), including footpaths, will require a Nature-Strip Works Application (NSWA) to be lodged with, and approved by, the City’s Technical Services department, prior to construction commencing.

3. The applicant is advised that all street tree assets in the nature-strip (verge) shall not be removed. Any approved street tree removals shall be undertaken by the City of Nedlands and paid for by the owner of the property where the development is proposed, unless otherwise approved under the Nature Strip Works Approval.

4. The applicant is advised that all downpipes from guttering shall be connected so as to discharge into drains, which shall empty into a soak-well; and each soak-well shall be located at least 1.8m from any building, and at least 1.8m from the boundary of the block. Soak-wells of adequate capacity to contain runoff from a 20-year recurrent storm event. Soak-wells shall be a minimum capacity of 1.0m3 for every 80m2 of calculated surface area of the development.

5. The applicant is advised that this decision constitutes planning approval only and is valid for a period of two years from the date of approval. If the subject development is not substantially commenced within the two-year period, the approval shall lapse and be of no further effect.

Committee Recommendation / Recommendation to Committee

Council approves the development application dated 05 December 2018 to construct a Carport addition to the existing Single House at (Lot 280) No. 19 Weld Street, Nedlands, subject to the following conditions and advice:

1. The development shall at all times comply with the application and the approved plans, subject to any modifications required as a consequence of any condition(s) of this approval.

2. This development approval only pertains to the proposed carport addition.

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3. Revised plans shall be submitted with the building permit application demonstrating the carport having a setback of 2m to the primary street boundary.

4. All sides of the carport shall remain open and shall not accommodate a door.

5. All stormwater from the development, which includes permeable and non-permeable areas shall be contained onsite.

Advice Notes specific to this proposal:

1. The applicant is advised that the redundant crossover(s) shall be removed and the nature-strip (verge) reinstated to the City’s satisfaction.

2. The applicant is advised that any development in the nature-strip (verge), including footpaths, will require a Nature-Strip Works Application (NSWA) to be lodged with, and approved by, the City’s Technical Services department, prior to construction commencing.

3. The applicant is advised that all street tree assets in the nature-strip (verge) shall not be removed. Any approved street tree removals shall be undertaken by the City of Nedlands and paid for by the owner of the property where the development is proposed, unless otherwise approved under the Nature Strip Works Approval.

4. The applicant is advised that all downpipes from guttering shall be connected so as to discharge into drains, which shall empty into a soak-well; and each soak-well shall be located at least 1.8m from any building, and at least 1.8m from the boundary of the block. Soak-wells of adequate capacity to contain runoff from a 20-year recurrent storm event. Soak-wells shall be a minimum capacity of 1.0m3 for every 80m2

of calculated surface area of the development.

5. The applicant is advised that this decision constitutes planning approval only and is valid for a period of two years from the date of approval. If the subject development is not substantially commenced within the two-year period, the approval shall lapse and be of no further effect.

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PD02.19 No. 73 Carrington Street, Nedlands – Change of Use (from Hire Service to Motor Repair Station)

Committee 12 February 2019Council 26 February 2019Applicant Euro Technik Pty LtdLandowner A and D HallDirector Peter Mickleson – Director Planning & Development Reference DA18/32725Previous Item Item D25.05 – July 2005Delegation In accordance with Clause 6.7.1a) of the City’s Instrument

of Delegation, Council is required to determine the application due to objections being received.

Attachments 1. Photographs of the subject property

Regulation 11(da) – Not Applicable – additional condition added to ensure compliance with Australian Standards.

Moved – Councillor de LacySeconded – Councillor Shaw

That the Recommendation to Council be adopted subject to:

1. An additional condition 11 is added as follows:

11. An amended site plan being provided as part of the building permit application which shows one Universal Access (ACROD) car parking bay being provided on site in accordance with AS2890.6 2009 and AS1428.1 2009.

2. An additional advice 8 note being added as follows:

8. A NSWA is also required for the installation or upgrading of crossovers and any hard pavement areas on the verge.

Councillor Mangano left the room at 7.59 pm and returned at 8.02 pm.

CARRIED UNANIMOUSLY 13/-

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Council Resolution

Council approves the development application dated 8 November 2018 to operate a motor repair station at Lot 368 (No. 73) Carrington Street, Nedlands, subject to the following conditions and advice:

1. The development shall at all times comply with the application and the approved plans, subject to any modifications required as a consequence of any condition(s) of this approval.

2. The proposal complying with the definition for the use ‘Motor Repair Station’ under Town Planning Scheme No. 2 (refer to Advice Note 1).

3. No materials and/or equipment being stored externally on the property, which are visible from off site, and/or obstruct vehicle manoeuvring areas, vehicle access ways, pedestrian access ways, parking bays and/or (un)loading bays.

4. No vehicles being worked upon and/or repaired whilst parked in any bays outside of the building.

5. All car parking bays, manoeuvring areas and vehicular access ways shown on the approved site plan being maintained by the landowner to the City’s satisfaction.

6. Commercial vehicles only being parked in bays which are large enough to accommodate them so as not to encroach onto adjoining parking bays.

7. All stormwater from the development, which includes permeable and non-permeable areas shall be contained onsite.

8. Service and/or delivery vehicles are not to service the premises before 7.00 am or after 7.00 pm Monday to Saturday, and/or before 9.00 am or after 7.00 pm on Sundays and Public Holidays unless prior approval is obtained from the City.

9. The wall signage being maintained by the landowner to the City’s satisfaction.

10. The operating hours of the Motor Repair Station is restricted to the following:

a) Monday and Friday – 7.30am to 5.00pmb) Saturday – 8.00am to 1.00pm.

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11. An amended site plan being provided as part of the building permit application which shows one Universal Access (ACROD) car parking bay being provided on site in accordance with AS2890.6 2009 and AS1428.1 2009.

Advice Notes specific to this proposal:

1. With regard to Condition 2, the applicant and the owners are advised that the use ‘Motor Repair Station’ is defined as being the following under the City’s Town Planning Scheme No. 2:

“Motor Repair Station - means any land or building used for or in connection with mechanical repairs and overhauls, including where incidental to such repairs and overhauls, tyre re-capping, retreading, panel beating, spray painting and chassis reshaping.”

2. This decision constitutes planning approval only and is valid for a period of two years from the date of approval. If the subject development is not substantially commenced within the two-year period, the approval shall lapse and be of no further effect.

3. The applicant and the owners are advised that a separate development applicant is required to be lodged with and approved by the City prior to installing any additional signage which does not form part of this approval.

4. The applicant and the owners are advised that prior to installing the proposed pylon sign within the road reserve, a Nature-Strip Works Application (NSWA) is required to be lodged with, and approved by, the City’s Technical Services department.

5. The applicant and the owners are advised that noise levels are to comply with the Environmental Protection (Noise) Regulations 1997.

6. The applicant and the owners are advised that adequate staff and public sanitary conveniences are to be provided in accordance with the Building Code of Australia.

7. All street tree assets in the nature-strip (verge) shall not be removed. Any approved street tree removals shall be undertaken by the City of Nedlands and paid for by the owner of the property where the development is proposed, unless otherwise approved under the Nature Strip Works Approval.

8. A NSWA is also required for the installation or upgrading of crossovers and any hard pavement areas on the verge.

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Committee Recommendation / Recommendation to Committee

Council approves the development application dated 8 November 2018 to operate a motor repair station at Lot 368 (No. 73) Carrington Street, Nedlands, subject to the following conditions and advice:

1. The development shall at all times comply with the application and the approved plans, subject to any modifications required as a consequence of any condition(s) of this approval.

2. The proposal complying with the definition for the use ‘Motor Repair Station’ under Town Planning Scheme No. 2 (refer to Advice Note 1).

3. No materials and/or equipment being stored externally on the property, which are visible from off site, and/or obstruct vehicle manoeuvring areas, vehicle access ways, pedestrian access ways, parking bays and/or (un)loading bays.

4. No vehicles being worked upon and/or repaired whilst parked in any bays outside of the building.

5. All car parking bays, manoeuvring areas and vehicular access ways shown on the approved site plan being maintained by the landowner to the City’s satisfaction.

6. Commercial vehicles only being parked in bays which are large enough to accommodate them so as not to encroach onto adjoining parking bays.

7. All stormwater from the development, which includes permeable and non-permeable areas shall be contained onsite.

8. Service and/or delivery vehicles are not to service the premises before 7.00 am or after 7.00 pm Monday to Saturday, and/or before 9.00 am or after 7.00 pm on Sundays and Public Holidays unless prior approval is obtained from the City.

9. The wall signage being maintained by the landowner to the City’s satisfaction.

10. The operating hours of the Motor Repair Station is restricted to the following:

a) Monday and Friday – 7.30am to 5.00pmb) Saturday – 8.00am to 1.00pm.

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Advice Notes specific to this proposal:

1. With regard to Condition 2, the applicant and the owners are advised that the use ‘Motor Repair Station’ is defined as being the following under the City’s Town Planning Scheme No. 2:

“Motor Repair Station - means any land or building used for or in connection with mechanical repairs and overhauls, including where incidental to such repairs and overhauls, tyre re-capping, retreading, panel beating, spray painting and chassis reshaping.”

2. This decision constitutes planning approval only and is valid for a period of two years from the date of approval. If the subject development is not substantially commenced within the two-year period, the approval shall lapse and be of no further effect.

3. The applicant and the owners are advised that a separate development applicant is required to be lodged with and approved by the City prior to installing any additional signage which does not form part of this approval.

4. The applicant and the owners are advised that prior to installing the proposed pylon sign within the road reserve, a Nature-Strip Works Application (NSWA) is required to be lodged with, and approved by, the City’s Technical Services department.

5. The applicant and the owners are advised that noise levels are to comply with the Environmental Protection (Noise) Regulations 1997.

6. The applicant and the owners are advised that adequate staff and public sanitary conveniences are to be provided in accordance with the Building Code of Australia.

7. All street tree assets in the nature-strip (verge) shall not be removed. Any approved street tree removals shall be undertaken by the City of Nedlands and paid for by the owner of the property where the development is proposed, unless otherwise approved under the Nature Strip Works Approval.

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PD03.19 Local Planning Policy – Signs

Committee 12 February 2019Council 26 February 2019Director Peter Mickleson – Director Planning & Development Reference NilPrevious Item NilAttachments 1. Draft Local Planning Policy - Signs

Councillor Hodsdon left the room at 8.05 pm.

Procedural MotionMoved – Councillor JamesSeconded – Councillor McManus

That Council proceed to the next item.CARRIED UNANIMOUSLY 13/-

Please Note: No Committee Recommendation was made at the Committee Meeting of the 12 February 2019.

Recommendation to Committee

Council gives consent to advertise draft (revised) Local Planning Policy - Signs for a period of 21 days in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2, Part 2, Clause 4.

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PD04.19 Local Planning Policy – State Administrative Tribunal – Response to Appeals

Committee 12 February 2019Council 26 February 2019Director Peter Mickleson – Director Planning & Development Reference NilPrevious Item NilAttachments 1. Draft Local Planning Policy – State Administrative

Tribunal – Response to Appeals

Regulation 11(da) – Not Applicable – Recommendation Adopted

Moved – Councillor HassellSeconded – Councillor James

That the Recommendation to Council be adopted.(Printed below for ease of reference)

CARRIED UNANIMOUSLY EN BLOC 13/-

Council Resolution / Committee Recommendation / Recommendation to Committee

Council prepares draft Local Planning Policy - State Administrative Tribunal – Response to Appeals to be advertised for a period of 21 days in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2, Part 2, Clause 4.

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PD05.19 Local Planning Policy – Consultation and Notification of Planning Proposals

Committee 12 February 2019Council 26 February 2019Director Peter Mickleson – Director Planning & Development Reference NilPrevious Item NilAttachments 1. Draft Local Planning Policy – Consultation and

Notification of Planning Proposals

Regulation 11(da) – Not Applicable – Recommendation Adopted

Moved – Councillor HassellSeconded – Councillor James

That the Recommendation to Council be adopted.(Printed below for ease of reference)

CARRIED UNANIMOUSLY EN BLOC 13/-

Council Resolution / Committee Recommendation / Recommendation to Committee

Council prepares draft Local Planning Policy – Consultation and Notification of Planning Proposals to be advertised for a period of 21 days in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2, Part 2, Clause 4.

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PD06.19 No.100 Stirling Highway, Nedlands – Request to Remove Deed for the Existing Windsor Cinema Roof Sign

Committee 12 February 2019Council 26 February 2019Applicant Independent Cinemas Pty LtdOwner Independent Cinemas Pty LtdDirector Peter Mickleson – Director Planning & Development Reference NilPrevious Item PD23.18 Municipal Inventory– May 2018Attachments 1. Photograph of Roof Sign at the Windsor Cinema –

January 2019 2. Listing on the Municipal Inventory

Regulation 11(da) – Not Applicable – Recommendation Adopted

Moved – Councillor HassellSeconded – Councillor James

That the Recommendation to Council be adopted.(Printed below for ease of reference)

CARRIED UNANIMOUSLY EN BLOC 13/-

Council Resolution / Committee Recommendation / Recommendation to Committee

Council:

1. approves the landowner’s request for the Deed between the City and Independent Cinemas Pty Ltd in relation to the roof sign at the Windsor Cinema, Lot 123 (No. 100) Stirling Highway, Nedlands to be removed subject to a retrospective development application for the roof sign being approved by the City; and

2. notes that Council’s decision to approve the landowner’s request should not be construed as meaning that the retrospective development application will be approved. The application will be determined having regard to the matters listed under the Planning and Development (Local Planning Schemes) Regulations 2015. It is recommended that the landowner engages a Town Planning Consultant to assist with the preparation of the application.

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PD07.19 RFP 2018/19.03 Greenways Development and Maintenance

Committee 12 February 2019Council 26 February 2019Applicant City of NedlandsDirector Peter Mickleson – Director Planning & Development Reference NilAttachments Nil

Regulation 11(da) – Not Applicable – Recommendation Adopted

Moved – Councillor HassellSeconded – Councillor James

That the Recommendation to Council be adopted.(Printed below for ease of reference)

CARRIED UNANIMOUSLY EN BLOC 13/-

Council Recommendation / Committee Recommendation / Recommendation to Committee

Council:

1. agrees to award panel no. 2018-19.03 to Green Skills Inc. and Sustainable Outdoors for Panel 1 for the provision of greenways maintenance services, as per the schedule of rates submitted;

2. agrees to award panel no. 2018-19.03 to Sustainable Outdoors for Panel 2 for the provision of greenways development services, as per the schedule of rates submitted; and

3. authorises the Chief Executive Officer to sign an acceptance of offer.

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PD08.19 Lease with the Department of Education for Dalkeith Pre-School at Reserve 27002 – 167 Victoria Avenue, Dalkeith

Committee 12 February 2019Council 26 February 2019Applicant Department of Education Landowner City of NedlandsDirector Peter Mickelson – Director Planning & DevelopmentPrevious Item C1.01 on 23 January 2001Attachments Draft Deed of Lease

Councillor Hodsdon returned to the room at 8.08 pm.

Regulation 11(da) – Not Applicable – Recommendation Adopted

Moved – Councillor HassellSeconded – Councillor Hodsdon

That the Recommendation to Council be adopted.(Printed below for ease of reference)

AmendmentMoved - Councillor de LacySeconded - Councillor Smyth

Council:

1. agrees to amend the Deed of Lease with the Department of Education for Dalkeith Pre-School at Attachment 1 by removing Item 3 ‘Further Term’ from the Schedule and removing all other references to ‘Further term’ in the Deed of Lease; and

2. agrees to enter into the amended Deed of Lease (as per point 1).

Put MotionMoved - Councillor JamesSeconded - Councillor Mangano

That the Motion be put.Lost 3/10

(Against: Mayor Hipkins Crs. Argyle Hassell de Lacy Hodsdon Wetherall Hay Shaw McManus & Smyth)

The AMENDMENT was PUT and was

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Lost 5/8(Against: Mayor Hipkins Crs. Argyle Hassell Hodsdon

Wetherall Hay James & McManus)

Councillor Shaw left the room at 8.14 pm.

The Original Motion was PUT and wasCARRIED 10/3

(Against: Crs. de Lacy Horley & Smyth)

Council Resolution / Committee Recommendation / Recommendation to Committee

Council:

1. agrees to enter into the Deed of Lease with the Department of Education for Dalkeith Pre-School as per Attachment 1;

2. delegates authority to the Chief Executive Officer and Mayor to sign the Deed of Lease and apply the City’s common seal.

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12.3 Technical Services Report No’s TS01.19 to TS02.19 (copy attached)

Note: Regulation 11(da) of the Local Government (Administration) Regulations 1996 requires written reasons for each decision made at the meeting that is significantly different from the relevant written recommendation of a committee or an employee as defined in section 5.70, but not a decision to only note the matter or to return the recommendation for further consideration.

TS01.19 College Park Family Centre Renovation

Committee 12 February 2019Council 26 February 2019Applicant City of Nedlands Officer Pollyanne Fisher – Facilities Management OfficerDirector Martyn Glover – Director Technical ServicesAttachments Nil.

Councillor de Lacy & Councillor Hay left the room at 8.24 pm.

Councillor Shaw returned to the room at 8.25 pm.

Regulation 11(da) – Council sought a scope of works for Drabble House consequently this part of the recommendation was postponed to the mid-year budget review planned for March 2019.

Moved – Councillor HassellSeconded – Councillor James

That the Recommendation to Council be adopted subject to clause 2 be amended as follows:

2. the $190,000 proposed for Drabble House renovation be deferred to the Mid-Year Budget Review subject to the provision of a scope of works.

Councillor Hay returned to the room at 8.27 pm.

Councillor de Lacy returned to the room at 8.28 pm.

Councillor McManus & Councillor Wetherall left the room at 8.34 pm.

Councillor McManus & Councillor Wetherall returned to the room at 8.38 pm.

CARRIED 11/2(Against: Crs. Horley & Smyth)

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Council Resolution

Council:

1. agrees to redirect $20,000 from the College Park Family Centre Capital account to Dalkeith Hall for the installation of split system units for heating and cooling; and

2. the $190,000 proposed for Drabble House renovation be deferred to the Mid-Year Budget Review subject to the provision of a scope of works.

ABSOLUTE MAJORITY REQUIRED

Committee Recommendation / Recommendation to Committee

Council:

1. agrees to redirect $20,000 from the College Park Family Centre Capital account to Dalkeith Hall for the installation of split system units for heating and cooling; and

2. agrees to redirect $190,000 from the College Park Family Centre Capital account to Drabble House for renovation.

ABSOLUTE MAJORITY REQUIRED

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TS02.19 Maisonettes Garage Replacement

Committee 12 February 2019Council 26 February 2019Applicant City of Nedlands Officer Pollyanne Fisher – Facilities Management OfficerCEO Martyn Glover – Acting Chief Executive OfficerAttachments 1. Structural Assessment – Maisonettes Garages

2. Concept Design (Option 5)

Regulation 11(da) – Not Applicable – Recommendation Adopted

Moved – Councillor de LacySeconded – Councillor Hodsdon

That the Recommendation to Council be adopted.(Printed below for ease of reference)

CARRIED 12/1(Against: Cr. Mangano)

Council Resolution / Committee Recommendation / Amended Recommendation to Committee

Council, in recognition of the structural engineer’s report dated 5 December 2018 and provisions within the existing leases, approves the replacement of the Maisonettes garages with carports in accordance with the Option 5 Concept Plan.

Recommendation to Committee

Council, in recognition of the structural engineer’s report dated 5 December 2018 and provisions within the existing leases, approves the replacement of the Maisonettes garages in accordance with the Option 5 Concept Plan.

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12.4 Corporate & Strategy Report No’s CPS01.19 to CPS03.19 (copy attached)

Note: Regulation 11(da) of the Local Government (Administration) Regulations 1996 requires written reasons for each decision made at the meeting that is significantly different from the relevant written recommendation of a committee or an employee as defined in section 5.70, but not a decision to only note the matter or to return the recommendation for further consideration.

CPS01.19 List of Accounts Paid – November 2018

Committee 12 February 2019Council 26 February 2019Applicant City of Nedlands Officer Vanaja Jayaraman – Manager FinanceDirector Lorraine Driscoll – Director Corporate & StrategyAttachments 1. Creditor Payment Listing November 2018

2. Purchasing Card Payments November 2018 (29th October – 28th November)

Regulation 11(da) – Not Applicable – Recommendation Adopted

Moved – Councillor HassellSeconded – Councillor James

That the Recommendation to Council be adopted.(Printed below for ease of reference)

CARRIED UNANIMOUSLY EN BLOC 13/-

Council Resolution / Committee Recommendation / Recommendation to Committee

Council receives the List of Accounts Paid for the month of November 2018 (refer to attachments).

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CPS02.19 List of Accounts Paid – December 2018

Committee 12 February 2019Council 26 February 2019Applicant City of Nedlands Officer Vanaja Jayaraman – Manager FinanceDirector Lorraine Driscoll – Director Corporate & StrategyAttachments 1. Creditor Payment Listing December 2018

2. Purchasing Card Payments December 2018 (29th November – 28th December)

Regulation 11(da) – Not Applicable – Recommendation Adopted

Moved – Councillor HassellSeconded – Councillor James

That the Recommendation to Council be adopted.(Printed below for ease of reference)

CARRIED UNANIMOUSLY EN BLOC 13/-

Council Resolution / Committee Recommendation / Recommendation to Committee

Council receives the List of Accounts Paid for the month of December 2018 (refer to attachments).

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CPS03.19 Parking and Parking Facilities Amendment Local Law 2018

Committee 12 February 2019Council 26 February 2019Applicant City of Nedlands Officer Pollyanne Fisher – Facilities Management OfficerDirector Lorraine Driscoll – Director Corporate & StrategyAttachments 1. Proposed City of Nedlands Parking and Parking

Facilities Amendment Local Law 2018

Under section 3.12(2) of the Local Government Act 1995 the Mayor read aloud the purpose and effect of the proposed local law.

The PURPOSE of this local law is to make provisions about the regulation of parking or stopping of vehicles in all or specified thoroughfares and reserves under the care, control and management of the local government and to provide for the management and operation of parking facilities.

The EFFECT of this local law is that a person parking a vehicle within the parking region is to comply with the provisions of this local law.

Regulation 11(da) – Not Applicable – Recommendation Adopted

Moved – Councillor ShawSeconded – Councillor Hodsdon

That the Recommendation to Council be adopted.(Printed below for ease of reference)

CARRIED UNANIMOUSLY 13/-

Council Resolution / Committee Recommendation / Recommendation to Committee

Council makes the City of Nedlands Parking and Parking Facilities Amendment Local Law 2018 as detailed in Attachment 1.

ABSOLUTE MAJORITY REQUIRED

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13. Reports by the Chief Executive Officer

13.1 Common Seal Register Report – December 2018 & January 2019

Moved – Councillor JamesSeconded – Councillor Hodsdon

The attached Common Seal Register Report for the months of December 2018 & January 2019 be received.

CARRIED UNANIMOUSLY 13/-

SEAL NUMBER

DATE SEALED DEPARTMENT MEETING DATE / ITEM NO. REASON FOR USE

915 5 December 2018 Technical Services

Council Meeting 19 December 2017Item 13.5

Seal Certification - Seal No. 915 - Transfer of Land document for Lot 353, No. 8 Sayer Street Swanbourne. Transfer Lot 353 back to Crown for inclusion into Class A Reserve 19283 for the purpose of recreation.

916 29 January 2019 Planning & Development

Council Meeting 23 March 2005D22.15

Seal Certification - Seal No. 916 - Section 70A to be placed on Lot 1 on Survey Strata Plan 46237 to notify potential purchases of aged & dependent dwelling use/limitation. DA approved 2005

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13.2 List of Delegated Authorities – December 2018 & January 2019

Moved – Councillor ShawSeconded – Councillor Hodsdon

The attached List of Delegated Authorities for the months of December 2018 & January 2019 is to be received.

CARRIED UNANIMOUSLY 13/-

Date of use of delegation of authority

Title Position exercising delegated authority

Act Section of Act Applicant / CoN / Property Owner / Other

December 20183/12/2018 Approval to write off minor

rates debt November 2018 - $20.14

Chief Executive Officer – Greg Trevaskis

Local Government Act

Section 6.12 City of Nedlands

05/12/2018 (APP) – DA18/32600 – 37 Marita Rd, Nedlands – Additions to Single House

A/Manager Planning – Andrew Bratley

City of Nedlands TPS2

Section 6.7.1 Beilby Design

07/12/2018 (APP) – DA18/33089 – 32 Portland St, Nedlands – Additions to Single House

A/Manager Planning – Andrew Bratley

City of Nedlands TPS2

Section 6.7.1 Cristie Nominees

10/12/2018 (APP) – DA18/32656 – 25 Leura St, Nedlands - Additions to Existing Single Dwelling

A/Manager Planning – Andrew Bratley

City of Nedlands TPS2

Section 6.7.1 Sheppard Building Design & Drafting Services

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10/12/2018 3024935 - Parking Infringement Withdrawal – compassionate grounds

Manager Health & Compliance – Andrew Melville

Local Government Act 1995

Section 9.20/6.12(1) Dianna Winzar

10/12/2018 3032214 - Parking Infringement Withdrawal – compassionate grounds

Manager Health & Compliance – Andrew Melville

Local Government Act 1995

Section 9.20/6.12(1) Ryan Gavan

10/12/2018 3030772 - Parking Infringement Withdrawal – compassionate grounds

Manager Health & Compliance – Andrew Melville

Local Government Act 1995

Section 9.20/6.12(1) Norma Saily

10/12/2018 (APP) – DA18/33153 – 55 Clifton St, Nedlands – Amendment to DA18/29645

Coordinator Statutory Planning – Andrew Bratley

City of Nedlands TPS2

Section 6.7.1 Ventura Homes Group

10/12/2018 (APP) – DA18/32287 – 37 Archdeacon St, Nedlands – Additions (Carport)

A/Manager Planning – Andrew Bratley

City of Nedlands TPS2

Section 6.7.1 S H Beattie

11/12/2018 (CANCELLED) – DA18/32449 – 29 Haldane St, Mt Claremont – Single House

A/Manager Planning – Andrew Bratley

City of Nedlands TPS2

Section 6.7.1 My Homes WA Pty Ltd

11/12/2018 (APP) – DA18/32697 – 53 Strickland St, Mt Claremont – Single Storey Single House

A/Manager Planning – Andrew Bratley

City of Nedlands TPS2

Section 6.7.1 Oswald Homes

11/12/2018 (APP) – DA18/32722 – 61 The Avenue, Nedlands – Pergola

Senior Statutory Planning Officer – Kate Bainbridge

City of Nedlands TPS2

Section 6.7.1 G Ayres

13/12/2018 3032282 - Parking Infringement Withdrawal – compassionate grounds

Manager Health & Compliance – Andrew Melville

Local Government Act 1995

Section 9.20/6.12(1) Mariapia Degli-Esposti

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12/12/2018 (APP) – DA18/30595 – 68 Philip Rd, Dalkeith – Two Storey Single House with Basement and Roof Terrace

Senior Statutory Planning Officer – Kate Bainbridge

City of Nedlands TPS2

Section 6.7.1 Able Ling Architect

13/12/2018 (APP) – DA18/32597 – 16 Burnettia Lane, Mt Claremont – Additions (Patio)

A/Manager Planning – Andrew Bratley

City of Nedlands TPS2

Section 6.7.1 L W Salomons

14/12/2018 3038552 - Parking Infringement Withdrawal – compassionate grounds

Manager Health & Compliance – Andrew Melville

Local Government Act 1995

Section 9.20/6.12(1) Jessica Parrotte

14/12/2018 3038553 - Parking Infringement Withdrawal – compassionate grounds

Manager Health & Compliance – Andrew Melville

Local Government Act 1995

Section 9.20/6.12(1) Dianne Wood

14/12/2018 3030785 - Parking Infringement Withdrawal – compassionate grounds

Manager Health & Compliance – Andrew Melville

Local Government Act 1995

Section 9.20/6.12(1) Jessica Watkins

14/12/2018 3030786 - Parking Infringement Withdrawal – compassionate grounds

Manager Health & Compliance – Andrew Melville

Local Government Act 1995

Section 9.20/6.12(1) Maya Malkani

17/12/2018 (APP) – DA18/32281 – 515/118 Monash Ave, Nedlands – Change of Use (from an Aged Persons’ Dwelling to Shop)

Senior Statutory Planning Officer – Kate Bainbridge

City of Nedlands TPS2

Section 6.7.1 M Webb

17/12/2018 (APP) – DA18/33274 – 151A Rochdale Rd, Mt Claremont – Amendment to DA18/28374

Senior Statutory Planning Officer – Kate Bainbridge

City of Nedlands TPS2

Section 6.7.1 M A Lumley

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17/12/2018 (APP) – DA18/32285 – 98 Mevista Ave, Dalkeith – Two Storey Single House

A/Manager Planning – Andrew Bratley

City of Nedlands TPS2

Section 6.7.1 Oswald Homes

17/12/2018 (APP) – DA18/31650 – 30 Walpole St, Swanbourne – Two Storey Single Dwelling

Director Planning & Development – Peter Mickleson

City of Nedlands TPS2

Section 6.7.1 Ben Trager Homes

18/12/2018 (APP) – DA18/32659 – 36 Marita Rd, Nedlands – Single Storey Single House

A/Manager Planning – Andrew Bratley

City of Nedlands TPS2

Section 6.7.1 Broadway Homes Pty Ltd

18/12/2018 (APP) – DA18/33315 – 51 Haldane St, Mt Claremont – Retaining Wall

A/Manager Planning – Andrew Bratley

City of Nedlands TPS2

Section 6.7.1 Imperial Property Management

18/12/2018 (APP) – DA18/32176 – 94 Webster St, Nedlands – Two Storey Single Dwelling

Director Planning & Development – Peter Mickleson

City of Nedlands TPS2

Section 6.7.1 Suzanne Hunt Architect

19/12/2018 3038402 - Parking Infringement Withdrawal – compassionate grounds

Manager Health & Compliance – Andrew Melville

Local Government Act 1995

Section 9.20/6.12(1) Brian Hills

19/12/2018 3038028 - Parking Infringement Withdrawal – compassionate grounds

Manager Health & Compliance – Andrew Melville

Local Government Act 1995

Section 9.20/6.12(1) Natalie Mills

20/12/2018 (APP) – DA18/33558 – 2A Korel Grdns, Swanbourne – Two Storey Single House

A/Manager Planning – Andrew Bratley

City of Nedlands TPS2

Section 6.7.1 Mr A R & Mrs K F Johnson

21/12/2018 (APP) – DA18/33270 – 21 Edward St, Nedlands – Additions (Over-height Dividing Fence)

A/Manager Planning – Andrew Bratley

City of Nedlands TPS2

Section 6.7.1 J & D Sutherland

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January 201902/01/2019 Approval to write off minor

rates debt December 2018 - $13.07

A/Chief Executive Officer – Peter Mickleson

Local Government Act

Section 6.12 City of Nedlands

04/01/2019 3032369 - Parking Infringement Withdrawal – compassionate grounds

Manager Health & Compliance – Andrew Melville

Local Government Act 1995

Section 9.20/6.12(1) Jocelyn Barrie

09/01/2019 3038480 - Parking Infringement Withdrawal – compassionate grounds

Manager Health & Compliance – Andrew Melville

Local Government Act 1995

Section 9.20/6.12(1) Sarah Hassan

09/01/2019 3038559 - Parking Infringement Withdrawal – compassionate grounds

Manager Health & Compliance – Andrew Melville

Local Government Act 1995

Section 9.20/6.12(1) Marco Benato

09/01/2019 3032361 - Parking Infringement Withdrawal – compassionate grounds

Manager Health & Compliance – Andrew Melville

Local Government Act 1995

Section 9.20/6.12(1) Melissa Luicioli

09/01/2019 3038411 - Parking Infringement Withdrawal – compassionate grounds

Manager Health & Compliance – Andrew Melville

Local Government Act 1995

Section 9.20/6.12(1) Melissa Luicioli

14/01/2019 3031956 - Parking Infringement Withdrawal – compassionate grounds

Manager Health & Compliance – Andrew Melville

Local Government Act 1995

Section 9.20/6.12(1) Jack Steens

14/01/2019 3031956 - Parking Infringement Withdrawal – compassionate grounds

Manager Health & Compliance – Andrew Melville

Local Government Act 1995

Section 9.20/6.12(1) Ronald Lydon

14/01/2019 (APP) – DA18/33576 – 6 Colin St, Dalkeith – Two Storey Single House

A/Manager Planning – Andrew Bratley

City of Nedlands TPS2

Section 6.7.1 Atrium Homes Pty Ltd

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14/01/2019 (APP) – DA18/32713 – 75 Dalkeith Rd, Nedlands – Carport & Front Fence

A/Manager Planning – Andrew Bratley

City of Nedlands TPS2

Section 6.7.1 A P O’Donoghue & J M Kirkby

17/01/2019 3032657 - Parking Infringement Withdrawal – compassionate grounds

Manager Health & Compliance – Andrew Melville

Local Government Act 1995

Section 9.20/6.12(1) Christine Watson

17/01/2019 3032405 - Parking Infringement Withdrawal – compassionate grounds

Manager Health & Compliance – Andrew Melville

Local Government Act 1995

Section 9.20/6.12(1) Tina Gould

14/12/2019 3038493 - Parking Infringement Withdrawal – compassionate grounds

Manager Health & Compliance – Andrew Melville

Local Government Act 1995

Section 9.20/6.12(1) Jennifer Martinick

17/01/2019 (APP) – DA18/33514 – 3/29 Asquith St, Mt Claremont – Change of Use (from Restaurant to Lunch Bar)

Manager Planning - Ross Jutras-Minett

City of Nedlands TPS2

Section 6.7.1 G Chapman

18/01/2019 (APP) – DA18/33512 – 4 Burwood St, Nedlands –Over-height Dividing Fence

Senior Statutory Planning Officer – Kate Bainbridge

City of Nedlands TPS2

Section 6.7.1 John Chisholm Design

21/01/2019 (APP) – DA18/33037 – 117 Dalkeith Rd, Nedlands – Ground Floor Additions and Carport to Existing Dwelling

Coordinator Statutory Planning – Andrew Bratley

City of Nedlands TPS2

Section 6.7.1 Nexus Home Improvements

21/01/2019 (APP) – DA18/33774 – 38 Louise St, Nedlands – Additions to Single House

Coordinator Statutory Planning – Andrew Bratley

City of Nedlands TPS2

Section 6.7.1 Michael Cardinale Architect

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22/01/2019 (APP) – DA19/34035 – 14 Odern Cr, Swanbourne – Amendment to DA18/29077 (Three Storey House)

Coordinator Statutory Planning – Andrew Bratley

City of Nedlands TPS2

Section 6.7.1 Paul Hofman Architect

14/01/2019 (APP) – DA18/32713 – 75 Dalkeith Rd, Nedlands – Carport & Front Fence

A/Manager Planning – Andrew Bratley

City of Nedlands TPS2

Section 6.7.1 A P O’Donoghue & J M Kirkby

17/01/2019 3032657 - Parking Infringement Withdrawal – compassionate grounds

Manager Health & Compliance – Andrew Melville

Local Government Act 1995

Section 9.20/6.12(1) Christine Watson

17/01/2019 3032405 - Parking Infringement Withdrawal – compassionate grounds

Manager Health & Compliance – Andrew Melville

Local Government Act 1995

Section 9.20/6.12(1) Tina Gould

14/12/2019 3038493 - Parking Infringement Withdrawal – compassionate grounds

Manager Health & Compliance – Andrew Melville

Local Government Act 1995

Section 9.20/6.12(1) Jennifer Martinick

17/01/2019 (APP) – DA18/33514 – 3/29 Asquith St, Mt Claremont – Change of Use (from Restaurant to Lunch Bar)

Manager Planning - Ross Jutras-Minett

City of Nedlands TPS2

Section 6.7.1 G Chapman

18/01/2019 (APP) – DA18/33512 – 4 Burwood St, Nedlands –Over-height Dividing Fence

Senior Statutory Planning Officer – Kate Bainbridge

City of Nedlands TPS2

Section 6.7.1 John Chisholm Design

21/01/2019 (APP) – DA18/33037 – 117 Dalkeith Rd, Nedlands – Ground Floor Additions and Carport to Existing Dwelling

Coordinator Statutory Planning – Andrew Bratley

City of Nedlands TPS2

Section 6.7.1 Nexus Home Improvements

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21/01/2019 (APP) – DA18/33774 – 38 Louise St, Nedlands – Additions to Single House

Coordinator Statutory Planning – Andrew Bratley

City of Nedlands TPS2

Section 6.7.1 Michael Cardinale Architect

22/01/2019 (APP) – DA19/34035 – 14 Odern Cr, Swanbourne – Amendment to DA18/29077 (Three Storey House)

Coordinator Statutory Planning – Andrew Bratley

City of Nedlands TPS2

Section 6.7.1 Paul Hofman Architect

30/01/2019 Approval to write off parking infringement notice debt from January 2017 - $21,599.03

A/Chief Executive Officer – Lorraine Driscoll

Local Government Act

Section 6.12 City of Nedlands

30/01/2019 (APP) – DA19/34156 – 71 Bruce St, Nedlands – Amendment to DA18/28555

Manager Planning – Ross Jutras-Minett

City of Nedlands TPS2

Section 6.7.1 Dasco Building Group

30/01/2019 (APP) – DA18/33156 – 78 Kirwan St, Floreat – Two Storey Single House with Undercroft

Manager Planning – Ross Jutras-Minett

City of Nedlands TPS2

Section 6.7.1 Coast Homes WA Pty Ltd

30/01/2019 (APP) – DA19/34151 – 40 Leon Road, Dalkeith – Amendments to DA17/104

Manager Planning – Ross Jutras-Minett

City of Nedlands TPS2

Section 6.7.1 R Cailliau

31/01/2019 (APP) – DA18/33229 – 34 Stanley St, Nedlands – Two Storey Single House

Coordinator Statutory Planning – Andrew Bratley

City of Nedlands TPS2

Section 6.7.1 Atrium Homes WA Pty Ltd

31/01/2019 (DUAL APP) – DA18/32820 – 68 Jutland Pde, Dalkeith – Amendments to DA16/300

Manager Planning – Ross Jutras-Minett

City of Nedlands TPS2

Section 6.7.1 Element

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13.3 Monthly Financial Report – December 2018

Council 26 February 2019Applicant City of NedlandsOfficer Vanaja Jayaraman – Manager Financial ServicesDirector Lorraine Driscoll – Director Corporate & Strategy Attachments 1. Financial Summary (Operating) by Business Units

– 31 December 20182. Capital Works & Acquisitions – 31 December 20183. Statement of Net Current Assets – 31 December

20184. Statement of Financial Activity – 31 December

20185. Borrowings – 31 December 20186. Statement of Financial Position – 31 December

20187. Operating Income & Expenditure by Reporting

Activity – 31 December 20188. Operating Income by Reporting Nature & Type –

31 December 2018

Regulation 11(da) – Not Applicable – Recommendation Adopted

Moved – Councillor HassellSeconded – Councillor James

That the Recommendation to Council be adopted.(Printed below for ease of reference)

CARRIED UNANIMOUSLY 13/-

Council Resolution / Recommendation to Council

Council receives the Monthly Financial Report for 31 December 2018.

Executive Summary

Administration is required to provide Council with a monthly financial report in accordance with Regulation 34(1) of the Local Government (Financial Management) Regulations 1996. The monthly financial variance from the budget of each business unit is reviewed with the respective manager and the Executive to identify the need for any remedial action. Significant variances are highlighted to Council in the attached Monthly Financial Report.

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Discussion/Overview

The monthly financial management report meets the requirements of Regulation 34(1) and 34(5) of the Local Government (Financial Management) Regulations 1996.

The monthly financial variance from the budget of each business unit is reviewed with the respective Manager and the Executive to identify the need for any remedial action. Significant variances are highlighted to Council in the Monthly Financial Report.

This report gives an overview of the revenue and expenses of the City for the year to date December 2018 together with the Capital Works Program Borrowings, Statement of Net Current Assets and as at 31 December 2018.

The operating revenue at the end of December 2018 was $32.22 M which represents $775k favourable variance compared to the year-to-date budget.

The operating expense at the end of December 2018 was $16.10 M, which represents $2.96 M favourable variance compared to the year-to-date budget.

The attached Operating Statement compares “Actual” with “Budget” by Business Units. Variations from the budget of revenue and expenses by Directorates are highlighted in the following paragraphs.

Governance

Expenditure: Favourable variance of $ 204,363Revenue: Unfavourable variance of $ (99,309)

The favourable expenditure variance is mainly due to lower expenditure for the WESROC project by $118k, and professional fees, special projects and office communications of $84k not expensed yet.

The unfavourable revenue variance is due to lower revenue from WESROC corresponding with the lower expenditure.

Corporate and Strategy

Expenditure: Favourable variance of $ 445,478Revenue: Favourable variance of $ 478,941

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The favourable expenditure variance is mainly due to timing differences in the commencement of special projects and the use of professional services and ICT expenses of $242k. Small savings on customer service and IT salary of $60k and on ICT Depreciation of $79k. Interest expense on borrowings is less by $38k due to timing differences.

Favourable revenue variance is due to timing difference of interest income $49k and higher rates revenue of $397k. The higher rates revenue includes $163k from back rates from 2012/13 to 2016/17. Landgate have only just recently provided the valuation however the ratepayer is disputing the charge and Landgate have advised that they are investigating further.  Accounting standards require that we include potential revenue in our accounts until such time we are advised of the completion of the Landgate investigation.  Pending the outcome of the investigation, we may be required to reverse the revenue expectation, so for now we will place it in a ‘holding account’.

Community Development and Services

Expenditure: Favourable variance of $320,038Revenue: Favourable variance of $295,832

The favourable expenditure variance is mainly due to expenses not expended yet for community donations of $18k, Special projects $16k and operational activities $21k, Tresillian courses fees and other Nedlands Library expenses of $64k. Small savings on NCC expenses and MT Claremont Library expenses of $63k. Salaries and other employee expenses is lower by $118k mainly due to delay in filling vacant positions.

The Favourable revenue variance is due to increase fees & charges income from Positive ageing, Tresillian courses and PRCC of $79k. Timing difference on Grant receipt for NCC of $187k also contributed to favourable variance.

Planning and Development

Expenditure: Favourable variance of $ 279,876Revenue: Favourable variance of $ 103,140

The favourable expenditure variance is mainly due to expenses not expended yet for operational activities of $144k, professional fees, and other Ranger services of $56k. Salaries is lower by $63k mainly due to delay in filling vacant positions, and timing differences.

Small favourable revenue variance is due to higher income for planning fees & charges of $131k, offset by a lessor income on Building services of $48k.

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Technical Services

Expenditure: Favourable variance of $ 1,706,832Revenue: Unfavourable variance of $ (3,552)

The favourable expenditure variance is mainly due to expenses not expended yet for Building maintenance of $239k and underground power cost of $434k. Included in the $434k UGP unexpended yet is the City’s portion of the Alderbury Street project by the Town of Cambridge amounting to $369k for which we received the invoice in January 2019. Depreciation on Infrastructure is reduced by $1.23 M due to lower revaluation values compared to the previous years.Small Unfavourable revenue variance is not material.

UGP

As at 31 December 2018, the City’s service charge, spend and borrowings since the commencement of the project is as follows:

Project Service Charge

$

Spend$

Borrowings$

Alderbury Street 184,509 0 66,956

West Hollywood 2,280,596 5,495,228 3,574,691

Alfred Road & Mt Claremont

396,290 674,661 94,279

Total 2,861,395 6,169,889 3,735,926

The invoice from the Town of Cambridge for City’s share of the underground power works for the Alderbury Street project was received in January 2019 for the amount of $369k, equivalent to the amount budgeted.

Borrowings

At 31 December 2018, we have a balance of borrowings of $8.3 M. 2018/19 budget included borrowings of $4.4 M including $2.47 M for the UGP based on the assumption that 75% of the owners will opt for a 10-year loan. However, only 23% of owners have opted for the 10-year loan, thus reducing the loan requirement for the owners’ portion of the UGP to $806k. This will reduce the borrowings for the year by $1.66 M with an estimated total outstanding borrowings of $8.5 M at year end compared to the budget of $10 M.

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Net Current Assets Statement

At 31 December 2018, net current assets were $18.45 M compared to $15.94 M as at 31 December 2017. This is mainly due to service charge income of $2.86 M arising from the Underground Power projects and off-set by an increase in creditors by $326k.

Rates debtors outstanding is 27% as at 31 December 2018 compared to 28% as at 31 December 2018.

Sundry debtors as at 31 December 2018 is $618k compared to $477k as at 31 December 2017. This is mainly due to outstanding contribution for All Abilities Play Space, and higher infringement balances outstanding due to increased infringement notices issued.

Capital Works Programme

At the end of December, the expenditure on capital works were $3.01 M with further commitments of $2.30 M which is 37% of a total budget of $14.37 M.

Conclusion

The statement of financial activity for the period ended 31 December 2018 indicates that operating expenses are under the year-to-date budget by 2.4% or $775 k, while revenue is above the Budget by 15.5% or $2.96 M.

Key Relevant Previous Council Decisions:

Nil.

Consultation

N/A

Budget/Financial Implications

As outlined in the Monthly Financial Report.

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13.4 Monthly Investment Report – December 2018

Council 26 February 2019Applicant City of NedlandsOfficer Vanaja Jayaraman – Manager Financial ServicesDirector Lorraine Driscoll – Director Corporate & StrategyAttachments 1. Investment Report for the period ended 31

December 2018

Regulation 11(da) – Not Applicable – Recommendation Adopted

Moved – Councillor JamesSeconded – Councillor McManus

That the Recommendation to Council be adopted.(Printed below for ease of reference)

CARRIED UNANIMOUSLY 13/-

Council Resolution / Recommendation to Council

Council receives the Investment Report for the period ended 31 December 2018.

Executive Summary

In accordance with the Council’s Investment Policy, Administration is required to present a summary of investments to Council on a monthly basis.

Discussion/Overview

Council’s Investment of Funds report meets the requirements of Section 6.14 of the Local Government Act 1995.

The Investment Policy of the City, which is reviewed each year by the Audit and Risk Committee of Council, is structured so as to minimise any risks associated with the City’s cash investments. The officers adhere to this Policy, and continuously monitor market conditions to ensure that the City obtains attractive and optimum yields without compromising on risk management.

The Investment Policy of the City, which is reviewed each year by the Audit and Risk Committee of Council, is structured so as to minimise any risks associated with the City’s cash investments. The officers adhere to this Policy, and continuously monitor market conditions to ensure that the City obtains attractive and optimum yields without compromising on risk management.

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The Investment Summary shows that as at 31 December 2018 the City held the following funds in investments:

Municipal Funds $ 11,107,988.69Reserve Funds $ 6,215,844.78 Total $ 17,323,833.47

The total interest earned from investments as at 31 December 2018 was $197,929.99.

The Investment Portfolio comprises holdings in the following institutions:

Financial Institution Funds Invested Interest Rate Proportion

of PortfolioNAB $5,827,478.10 2.30% - 2.74% 33.64%

Westpac $4,665,840.34 2.30% - 2.75% 26.93%

ANZ $1,185,197.55 1.65% - 2.20% 6.84%

CBA $5,645,317.48 1.30% - 2.50% 32.59%

Total $17,323,833.47 32.59

33.64%

26.93%6.84%

32.59%

Portfolio Diversity

NAB Westpac ANZ CBA

Conclusion

The Investment Report is presented to Council.

Key Relevant Previous Council Decisions:

Nil.

Consultation

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Required by legislation: Yes No Required by City of Redlands policy: Yes No

Budget/Financial Implications

Investment income is steady as per budget.

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13.5 Monthly Financial Report – January 2019

Council 26 February 2019Applicant City of NedlandsOfficer Vanaja Jayaraman – Manager Financial ServicesDirector Lorraine Driscoll – Director Corporate & Strategy Attachments 1. Financial Summary (Operating) by Business Units

– 31 January 20192. Capital Works & Acquisitions – 31 January 20193. Statement of Net Current Assets – 31 January

20194. Statement of Financial Activity – 31 January 20195. Borrowings – 31 January 20196. Statement of Financial Position – 31 January 20197. Operating Income & Expenditure by Reporting

Activity – 31 January 20198. Operating Income by Reporting Nature & Type

Regulation 11(da) – Not Applicable – Recommendation Adopted

Moved – Councillor JamesSeconded – Councillor Hassell

That the Recommendation to Council be adopted.(Printed below for ease of reference)

CARRIED UNANIMOUSLY 13/-

Council Resolution / Recommendation to Council

Council receives the Monthly Financial Report for 31 January 2019.

Executive Summary

Administration is required to provide Council with a monthly financial report in accordance with Regulation 34(1) of the Local Government (Financial Management) Regulations 1996. The monthly financial variance from the budget of each business unit is reviewed with the respective manager and the Executive to identify the need for any remedial action. Significant variances are highlighted to Council in the attached Monthly Financial Report.

Discussion/Overview

The monthly financial management report meets the requirements of Regulation 34(1) and 34(5) of the Local Government (Financial Management) Regulations 1996.

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The monthly financial variance from the budget of each business unit is reviewed with the respective Manager and the Executive to identify the need for any remedial action. Significant variances are highlighted to Council in the Monthly Financial Report.

This report gives an overview of the revenue and expenses of the City for the year to date 31 January 2019 together with a Statement of Net Current Assets as at 31 January 2019.

The operating revenue at the end of January 2019 was $33.53 M which represents $687k favourable variance compared to the year-to-date budget. The operating expense at the end of January 2019 was $18.52 M, which represents $3.55 M favourable variance compared to the year-to-date budget.

The attached Operating Statement compares “Actual” with “Budget” by Business Units. Variations from the budget of revenue and expenses by Directorates are highlighted in the following paragraphs.

Governance

Expenditure: Favourable variance of $ 329,916Revenue: Unfavourable variance of $ (99,221)

The favourable expenditure variance is mainly due to lower expenditure for the WESROC project by $186k, and professional fees, special projects and office communications of $135k not expensed yet.

The unfavourable revenue variance is due to lower revenue from WESROC corresponding with the lower expenditure.

Corporate and Strategy

Expenditure: Favourable variance of $ 562,459Revenue: Favourable variance of $ 489,106

The favourable expenditure variance is mainly due to timing differences in the commencement of special projects and the use of professional services and ICT expenses of $299k. Small savings on customer service and IT salary of $94k and on ICT Depreciation of $92k. Interest expense on borrowings is less by $82k due to timing differences.

Favourable revenue variance is due to timing difference of interest income $59k and higher rates revenue of $398k. The higher rates revenue includes $163k from back rates from 2012/13 to 2016/17. Landgate have only just recently provided the valuation however the ratepayer is disputing the charge and Landgate have advised that they are investigating further.  Accounting standards require that we include potential revenue in our accounts until such time we are advised of the completion of the Landgate investigation.  Pending the outcome of the investigation, we may be required to reverse the revenue expectation, so for now we will place it in a ‘holding account’.

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Community Development and Services

Expenditure: Favourable variance of $435,955Revenue: Favourable variance of $225,000

The favourable expenditure variance is mainly due to expenses not expended yet for community donations of $50k, special projects of $17k and operational activities $24k. Also, Tresillian courses fees, NCC expenses and other Nedlands Library expenses of $197k hasn’t been expensed. Salaries and other employee expenses is lower by $182k mainly due to delay in filling vacant positions, and timing differences.

The Favourable revenue variance is due to increase fees & charges income from PRCC, Tresillian courses, Positive Ageing activities of $97k. Timing difference on Grant receipt for NCC of $117k also contributed to favourable variance.

Planning and Development

Expenditure: Favourable variance of $ 495,065Revenue: Favourable variance of $ 73,999

The favourable expenditure variance is mainly due to expenses not expended yet for operational activities for Environmental Health and Environmental Conservation of $304k, Strategic Planning expenses and other ranger services of $128k. Salaries is lower by $49k in Building services mainly due to delay in filling vacant positions, and timing differences.

Small favourable revenue variance is due to higher income for planning fees & charges of $117k, partly offset by less fees & charges and fines & penalties from Health services of $11k and Building services of $14k.

Technical Services

Expenditure: Favourable variance of $ 1,725,309Revenue: Unfavourable variance of $ (1,816)

The favourable expenditure variance is mainly due to expenses not expended yet for Parks maintenance of $445k. Depreciation on Infrastructure is lower by $1.43 M due to lower revaluation values compared to the previous years.

Small unfavourable variance is not material.

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UGP

As at 31 January 2019, the City’s service charge, spend and borrowings since the commencement of the project is as follows:

Project Service Charge

$

Spend$

Borrowings$

Alderbury Street 184,509 368,798 66,956

West Hollywood 2,280,596 5,484,011 3,574,691

Alfred Road & Mt Claremont

396,290 674,661 94,279

Total 2,861,395 6,527,470 3,735,926

Borrowings

At 31 January 2019, we have a balance of borrowings of $8.3 M. 2018/19 budget included borrowings of $4.4 M including $2.47 M for the UGP based on the assumption that 75% of the owners will opt for a 10-year loan. However, only 23% of owners have opted for the 10-year loan, thus reducing the loan requirement for the owners’ portion of the UGP $806k. This will reduce the borrowings for the year by $1.66 M with an estimated total outstanding borrowings of $8.5 M at year end compared to the budget of $10 M.

Net Current Assets Statement

At 31 January 2019, net current assets were $15.46 M compared to $13.88 M as at 31 January 2018. This is mainly due to service charge income of $2.86 M arising from the Underground Power projects and off-set by an increase in restricted reserve by $1.52 M.

Rates debtors outstanding remains consistent at 19% as at 31 January 2019 and 31 January 2018.

Sundry debtors as at 31 January 2019 is $644k compared to $1.1m as at 31 October 2017. Both year balances are higher than normal due to outstanding amounts receivable for grants for the All Abilities Play Space project.

Capital Works Programme

At the end of January, the expenditure on capital works were $4.16 M with further commitments of $2.09 M which is 43.45% of a total budget of $14.37 M.

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Conclusion

The statement of financial activity for the period ended 31 January 2019 indicates that operating expenses are under the year-to-date budget by 16.1% or $3.55 M, while revenue is above the Budget by 2.1% or $687k.

Key Relevant Previous Council Decisions:

Nil.

Consultation

N/A

Budget/Financial Implications

As outlined in the Monthly Financial Report.

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13.6 Monthly Investment Report – January 2019

Council 26 February 2019Applicant City of NedlandsOfficer Vanaja Jayaraman – Manager Financial ServicesDirector Lorraine Driscoll – Director Corporate & StrategyAttachments 1. Investment Report for the period ended 31

January 2019

Regulation 11(da) – Not Applicable – Recommendation Adopted

Moved – Councillor JamesSeconded – Councillor McManus

That the Recommendation to Council be adopted.(Printed below for ease of reference)

CARRIED UNANIMOUSLY 13/-

Council Resolution / Recommendation to Council

Council receives the Investment Report for the period ended 31 January 2019.

Executive Summary

In accordance with the Council’s Investment Policy, Administration is required to present a summary of investments to Council on a monthly basis.

Discussion/Overview

Council’s Investment of Funds report meets the requirements of Section 6.14 of the Local Government Act 1995.

The Investment Policy of the City, which is reviewed each year by the Audit and Risk Committee of Council, is structured so as to minimise any risks associated with the City’s cash investments. The officers adhere to this Policy, and continuously monitor market conditions to ensure that the City obtains attractive and optimum yields without compromising on risk management.

The Investment Policy of the City, which is reviewed each year by the Audit and Risk Committee of Council, is structured so as to minimise any risks associated with the City’s cash investments. The officers adhere to this Policy, and continuously monitor market conditions to ensure that the City obtains attractive and optimum yields without compromising on risk management.

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The Investment Summary shows that as at 31 January 2019 the City held the following funds in investments:

Municipal Funds $ 11,131,455.12Reserve Funds $ 6,585,820.12 Total $ 17,717,275.24

The total interest earned from investments as at 31 January 2019 was $234,410.38.

The Investment Portfolio comprises holdings in the following institutions:

Financial Institution Funds Invested Interest Rate Proportion of

PortfolioNAB $6,197,308.45 2.70% - 2.71% 34.98%

Westpac $4,676,128.81 2.00% - 2.75% 26.39%

ANZ $1,186,939.73 1.65% - 2.50% 6.70%

CBA $5,656,898.24 1.30% - 2.46% 31.93%

Total $17,717,275.24 31.93

34.98%

26.39%6.70%

31.93%

Portfolio Diversity

NAB Westpac ANZ CBA

Conclusion

The Investment Report is presented to Council.

Key Relevant Previous Council Decisions:

Nil.

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Consultation

Required by legislation: Yes No Required by City of Redlands policy: Yes No

Budget/Financial Implications

Investment income is steady as per budget.

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13.7 Annual Electors Meeting – 13 December 2018

In accordance with section 5.33 of the Local Government Act 1995, the decisions made at the Annual Electors Meeting of Thursday 13 December 2018 are presented to Council for consideration.

Motions to be considered regarding the Westside Wolves proposal

MotionMoved: Mr James Anderson, 3 Beecham Road, Mt ClaremontSeconded: Suzy Moir, 18 Chessington Gardens, Mt Claremont

The City to advise the Westside Wolves Hockey Club that Mount Claremont Oval is not a suitable location for a hockey facility because existing users and local residents do not support the proposal and therefore the City will not continue to explore this location as an option.

CARRIED(3 Against)

Regulation 11(da) – Not Applicable – Recommendation Adopted

Moved – Councillor McManusSeconded – Councillor James

That the Recommendation to Council be adopted.(Printed below for ease of reference)

CARRIED UNANIMOUSLY 13/-

Council Resolution / Recommendation to Council

Council receives the information.

Reason – The Council will consider this decision in the March round of meetings.

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MotionMoved: James Anderson, 3 Beecham Road, Mt ClaremontSeconded: Carol Brauhart, 48 Lisle Street, Mt Claremont

The City establish a working group comprising representatives of the City of Nedlands, Westside Wolves Hockey Club, Suburban Lions Hockey Club, Department of Local Government, Sport and Cultural Industries, Town of Cambridge, YMCC Hockey Club and community representatives to explore the feasibility of establishing a hockey facility North East Mt Claremont.

CARRIED

Regulation 11(da) – Not Applicable – Recommendation Adopted

Moved – Councillor JamesSeconded – Councillor Wetherall

That the Recommendation to Council be adopted.(Printed below for ease of reference)

CARRIED UNANIMOUSLY 13/-

Council Resolution / Recommendation to Council

Council receives the information.

Reason – The Council will consider this in the review of the Strategic Recreation Plan commencing shortly.

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MotionMoved: Mr Guy Churchill (Chair Nedlands Electors Association (NEA)), Hardy Road, NedlandsSeconded: Dmitry Kazanov, 2 Milyarm Rise, Swanbourne

That Council obtains expert external advise on the design, conduct and analysis of all future community consultation surveys.

CARRIED UNANIMOUSLY

Regulation 11(da) – Not Applicable – Recommendation Adopted

Moved – Councillor JamesSeconded – Councillor Hay

That the Recommendation to Council be adopted.(Printed below for ease of reference)

CARRIED UNANIMOUSLY 13/-

Council Resolution / Recommendation to Council

Council receives the information.

Reason – The City employs expert community engagement staff and seeks consultant services as and when required. e.g. Allen Park Master Plan.

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MotionMoved: Mr Guy Churchill (Chair Nedlands Electors Association (NEA)), Hardy Road, Nedlands.Seconded: Anne McCrudden, 27 Landon Way, Mt Claremont

Community Advisory Group: The City establishes a Community Advisory Group to provide ongoing community input into Council and the City activities and directions.

CARRIED(9 Against)

Regulation 11(da) – Not Applicable – Recommendation Adopted

Moved – Councillor JamesSeconded – Councillor Hay

That the Recommendation to Council be adopted.(Printed below for ease of reference)

CARRIED UNANIMOUSLY 13/-

Council Resolution / Recommendation to Council

Council receives the information.

Reason – The City believes that Council is representative of the community and where appropriate also engages with the community specifically relating to each project in accord with adopted Community Engagement Plans.

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13.8 No. 35 Asquith Street, Mount Claremont – Proposed Car Park

Council 26 February 2019Applicant City of NedlandsLandowner City of NedlandsDirector Peter Mickleson – Director Planning & Development Reference DA18/33866Previous Item Item TS23.18 – November 2018Delegation In accordance with Clause 6.7.1a) of the City’s

Instrument of Delegation, Council is required to determine the application due to objections being received.

Attachment 1. Photographs of the subject property

Regulation 11(da) – Not Applicable – Recommendation Adopted

Moved – Councillor McManusSeconded – Councillor Smyth

That the Recommendation to Council be adopted.(Printed below for ease of reference)

Councillor Mangano left the room at 9.20 pm and returned at 9.22 pm.

CARRIED 8/5(Against: Mayor Hipkins Crs. Mangano de Lacy Shaw & Horley)

Council Resolution / Recommendation to Council

Council approves the development application dated 14th January 2019 to construct a car park at Lot 251 (35) Asquith Street, Mount Claremont, subject to the following conditions and advice:

1. The development shall at all times comply with the application and the approved plans, subject to any modifications required as a consequence of any condition(s) of this approval.

2. All stormwater from the development, which includes permeable and non-permeable areas, shall be contained onsite.

3. All car parking bays, manoeuvring areas and vehicular access ways shown on the approved site plan being constructed, marked, sealed and drained.

4. The existing car parking bays along the eastern portion of the property being removed and the kerbing be reinstated.

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5. The proposed landscaping being planted in accordance with the approved plan within 60 days of the car park’s practicable completion and be maintained thereafter.

Advice Notes specific to this proposal:

1. This decision constitutes planning approval only and is valid for a period of two years from the date of approval. If the subject development is not substantially commenced within the two-year period, the approval shall lapse and be of no further effect.

1.0 Executive Summary

The purpose of this report is for Council to consider a development application received on the 14th January 2019 for a car park at 35 Asquith Street, Mount Claremont.

Plans received for the application were advertised to nearby landowners and occupants in accordance with clause 6.3 (Special Procedures) of Town Planning Scheme No. 2 (TPS 2) and clause 2.1 of Council’s Neighbour Consultation Policy due to the proposal being an ‘AA’ use under TPS 2.

Three objections and one non-objection were received during the advertising period.

Considering the scale and nature of the proposal it is unlikely to have a significant adverse impact on the local amenity. Accordingly, it is recommended that Council approves the application.

3.0 Background

3.1 Land Details

Land area 1,012m2

Local Planning Scheme Zone Residential R10/20Metropolitan Region Scheme Zone Urban

3.2 Previous Council Decisions

Under current TPS 2 requirements 108 car parking bays would be required for the nearby Mount Claremont shopping centre at 29 Asquith Street based on existing land uses present, however only 13 car parking bays are currently provided at this location. This results in a shortfall of 95 parking bays on the property.

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Near to the shopping centre 40 street car bays are provided by the City. There is also 1 universally accessible (ACROD) car bay and 1 car parking bay reserved for Australia Post, excluding the existing street car bays.

In July 2014, the City received a letter and an informal petition with 440 signatures requesting that more on-street parking be provided to cater for the Mt Claremont Shopping Centre precinct. Since 2014, various options have been considered and referred to Council in September 2015 and February 2016.

At its meeting of February 2016 Council resolved to approve consultation with the community for a proposal to provide additional car parking on 35 Asquith Street (also known as Asquith Park). Subsequently consultation was undertaken for six areas around the Mount Claremont Shopping Centre to better understand the level of community support for the proposed options for each area.

In November 2018, Council resolved to approve an option to convert the western side of Asquith Park into a 20-bay car park with the balance being a park.

3.3 Locality Plan

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4.0 Application Details

Approval is being sought for a car park to be constructed within the western portion of the property. A total of 18 car bays are to be provided, access to which is proposed from Rochdale Road.

Areas adjacent to the car park are to be landscaped and include 6 trees.Eight (8) car bays which currently exist within the eastern portion of the property are proposed to be removed and replaced with a pedestrian footpath and landscaping.

Two light poles are proposed on the northern side of the car park which are to be 6m in height.

No new signage and/or fencing is proposed as part of the application.

5.0 Consultation

The application was advertised in accordance with clause 2.1 of Council’s Neighbour Consultation Policy. Three objections and one non-objection were received during the advertising period. The following is a summary of the concerns raised:

The park having a regular group of users and being smaller than some of the other dog exercise areas.

The existing plan for the ‘park’ potentially having a limited function and potentially wouldn’t get used frequently.

A lack of dog park potentially resulting in owners using the Childcare facility fenced area (25 Strickland St) as the dog exercise area.

The car park entrance potentially increasing traffic along Rochdale Road.

Rates potentially being increased to pay for the land being used as a carpark instead of being redeveloped for a different purpose.

The following was also suggested by one of the submitters:

“Can the council consider a slight redesign of the proposed development to facilitate retaining some dog exercise area? If the access pathway is moved to the SE of the carpark in the last remaining bay (i.e. turnaround bay) directing users onto the footpath the remainder could be fenced (similar to the current fencing) and retained as a dog exercise space. I acknowledge that the area isn’t large, however, most the dogs that use it are smaller dogs. Access gates into the dog park could be near the telephone box. The park bench and table could be retained and there is a large bit of shade in the area to be used by both dogs and people wanting somewhere to eat their lunch.”

Note: A full copy of all relevant consultation feedback received by the City has been given to the Councillors prior to the Council meeting.

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6.0 Assessment of Statutory Provisions

6.1 Planning and Development (Local Planning Schemes) Regulations 2015

Schedule 2, Part 9, clause 67 (Matters to be considered by local government) stipulates those matters that are required to be given due regard to the extent relevant to the application.  Where relevant, these matters are discussed in the following sections.

In accordance with provisions (m), (n) and (s) of the Regulations clause 67, due regard is to be given to the potential impact the proposal will have on the local amenity, and the availability of car parking bays.

6.2 Metropolitan Region Scheme

The subject site is zoned ‘Urban’ under the Metropolitan Region Scheme (MRS). The proposal is an urban use and is therefore consistent with the zoning classification under the MRS.

6.3 City of Nedlands Town Planning Scheme No. 2

Under the provisions of the Scheme the subject site is zoned Residential.

A car park is classified as an ‘AA’ use on Residential zoned properties meaning that a development application can be considered for the car parking land use subject to it being advertised for comment as part of the assessment process.

Under clause 1.8 (Interpretations) of the Scheme a car park is defined as being the following:

“Means any land or building used primarily for the parking of private vehicles or taxis whether open to the public or not but does not include any part of a public road which is used for the through movement of traffic or any land or building on or in which vehicles are displayed for sale.”

6.3.1 Amenity

Under clause 5.5.1 Council may refuse to approve any development if:

“in its opinion the development would adversely affect the amenity of the surrounding area having regard to the likely effect on the locality in terms of the external appearance of the development, traffic congestion and hazard, noise or any other factor inconsistent with the use for which the lot is zoned.”

7.0 Budget / Financial Implications

N/A

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8.0 Risk management

N/A

9.0 Administration Comment

Having had regard to the matters stipulated under the Regulations and the submissions received, the following is advised:

The proposal is consistent with one of the options Council resolved to approve at its November 2018 meeting therefore the alterations proposed by the submitter are not currently being considered by administration.

According to the City’s records the site has not been for the exclusive use as a dog park nor is it proposed to be at present, therefore

Providing car parking bays in this location will assist with addressing the parking demand within the local area around the Mount Claremont Village shopping precinct.

There is no evidence which suggests that the proposed car park is likely to result in a significant increase of local traffic if approved.

There will be a distance of approximately 17 metres from the proposed entrance to the car park at the eastern Asquith Street and Rochdale Road intersection. No solid fencing and/or buildings are proposed within close proximity to the intersection as part of this application. Therefore, no evidence exists which suggests that traffic safety may become an issue as a consequence of the proposal.

Existing dividing fencing and proposed landscaping will minimise any impact the proposal may have on the adjoining residential property.

Considering the scale and nature of the proposal it is unlikely to have a significant adverse impact on the local amenity. Accordingly, it is recommended that Council approves the application.

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13.9 No. 11B Brockway Road, Mount Claremont – Two Storey Single House

Council 26 February 2018Applicant Webb and Brown-Neaves Pty LtdLandowner S PoliwkaDirector Peter Mickleson – Director Planning & Development Reference DA18/29985Previous Item Item PD72.18 – December 2018Delegation In accordance with Clause 6.7.1a) of the City’s

Instrument of Delegation, Council is required to determine the application due to an objection being received.

Attachments 1. Site Photograph

Regulation 11(da) – Council determined that the applicant should have consulted with the affected neighbour.

Moved – Councillor HassellSeconded – Councillor Horley

Council Resolution

That Council refuse the development application.

Councillor Hodsdon left the room at 9.30 pm and returned at 9.31 pm.

Councillor Hay left the room at 9.56 pm and returned at 9.57 pm.

CARRIED 11/2(Against: Mayor Hipkins & Cr. Shaw)

Recommendation to Council

Pursuant to Section 31(1) of the State Administrative Tribunal Act 2004 (WA), Council approves the development application dated 17 July 2018 with amended plans received on 18 September 2018 to construct a Two Storey Single House at (Lot 700) No. 11B Brockway Road, Mount Claremont subject to the following conditions and advice:

1. The development shall always comply with the application and the approved plans, subject to any modifications required as a consequence of any condition(s) of this approval.

2. This development approval only pertains to the proposed single dwelling.

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3. All footings and structures to retaining walls and fences shall be constructed wholly inside the site boundaries of the property’s Certificate of Title.

4. All stormwater from the development, which includes permeable and non-permeable areas shall be contained onsite.

5. The parapet walls being finished to a professional standard within 14 days of the proposed development’s practicable completion and be maintained thereafter by the landowner to the City’s satisfaction.

Advice Notes specific to this proposal:

1. The applicant is advised that a separate development application is required to be submitted to and approved by the City prior to erecting any fencing within the street setback area(s) which is not compliant with the deemed-to-comply provisions of the Residential Design Codes, and/or erecting any fencing behind the primary street setback area which is more than 1.8m in height above natural ground level.

2. The applicant is advised that all crossovers to the street(s) shall be constructed to the Council’s Crossover Specifications and the applicant / landowner to obtain levels for crossovers from the Council’s Infrastructure Services under supervision onsite, prior to commencement of works.

3. The applicant is advised that any development in the nature-strip (verge), including footpaths, will require a Nature-Strip Works Application (NSWA) to be lodged with, and approved by, the City’s Technical Services department, prior to construction commencing.

4. The applicant is advised that all downpipes from guttering shall be connected so as to discharge into drains, which shall empty into a soak-well; and each soak-well shall be located at least 1.8m from any building, and at least 1.8m from the boundary of the block. Soak-wells of adequate capacity to contain runoff from a 20-year recurrent storm event. Soak-wells shall be a minimum capacity of 1.0m3 for every 80m2

of calculated surface area of the development.

5. The applicant is advised that all internal water closets and ensuites without fixed or permanent window access to outside air or which open onto a hall, passage, hobby or staircase, shall be serviced by a mechanical ventilation exhaust system which is ducted to outside air, with a minimum rate of air change equal to or greater than 25 litres / second.

6. The applicant is advised to consult the City’s Visual and Acoustic Privacy Advisory Information in relation to locating any mechanical equipment (e.g. air-conditioner, swimming pool or spa) such that noise, vibration and visual impacts on neighbours are mitigated. The City does not

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recommend installing any equipment near a property boundary where it is likely that noise will intrude upon neighbours.

Prior to selecting a location for an air-conditioner, the applicant is advised to consult the online fairair noise calculator at www.fairair.com.au and use this as a guide to prevent noise affecting neighbouring properties.

Prior to installing mechanical equipment, the applicant is advised to consult neighbours, and if necessary, take measures to suppress noise.

7. The applicant is advised that this decision constitutes planning approval only and is valid for a period of two years from the date of approval. If the subject development is not substantially commenced within the two-year period, the approval shall lapse and be of no further effect.

1.0 Executive Summary

The purpose of this report is for Council to consider a development application for a proposed two-storey single house at 11B Brockway Road, Mount Claremont, which Council resolved to defer making a decision at its December 2018.

An appeal was lodged with the State Administrative Tribunal (the SAT) due to the application not being determined within 90 days of being received, and the proposal was discussed at a Directions Hearing.

After being reconsidered the matter is likely to go back to a Directions Hearing and/or a Full Hearing at the SAT, or the appeal maybe withdrawn by the applicant, depending on Council’s decision.

It is recommended that the application be approved by Council as it is considered to satisfy the design principles of the Residential Design Codes (R-Codes) and is unlikely to have a significant adverse impact on the local amenity.

3.0 Background

3.1 Land Details

Lot area 452m2

Local Planning Scheme Zone Residential R25Metropolitan Region Scheme Zone Urban

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3.2 Locality Plan

4.0 Application Details

The applicant seeks approval to construct a two-storey single house. Details of which are as follows:

A ground floor theatre room is proposed to have a nil setback in lieu of 1m from the northern (side) lot boundary.

A garage having a parapet wall on the southern (side) lot boundary adjacent to a parapet wall for an existing garage on the adjoining lot.

The development resulting in up to 34.8% of the adjoining lot being overshadowed in lieu of 25%.

The development having an average front setback of 5.9m in lieu of 6m.

5.0 Consultation

The development application was advertised in accordance with clause 2.1 of Council’s Neighbour Consultation Policy. One objection and one non-objection were received, and the following is a summary of the concerns raised:

The development overshadowing and affecting natural ventilation to living areas on an adjoining lot.

Overlooking onto an adjoining lot.

Note: A full copy of all relevant consultation feedback received by the City has been given to the Councillors prior to the Council meeting.

6.0 Assessment of Statutory Provisions

Quintilian School

Moerlina

School

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6.1 Planning and Development (Local Planning Schemes) Regulations 2015

Schedule 2, Part 9, clause 67 (Matters to be considered by local government) stipulates those matters that are required to be given due regard to the extent relevant to the application.  Where relevant, these matters are discussed in the following sections.

In accordance with provisions (m) and (n) of the Regulations clause 67, due regard is to be given to the likely effect of the proposed development’s height, scale, bulk and appearance, and the potential impact it will have on the local amenity.

If Council does not support the proposed development, there is a right of review (appeal) to the State Administrative Tribunal (SAT) under Part 14 of the Planning and Development Act (2005)

6.2 Metropolitan Region Scheme

The subject site is zoned ‘Urban’ under the Metropolitan Region Scheme (MRS). The proposal is an urban use and is therefore consistent with the zoning classification under the MRS.

6.3 City of Nedlands Town Planning Scheme No. 2

6.3.1 Amenity

Under clause 5.5.1 Council may refuse to approve any development if:

“in its opinion the development would adversely affect the amenity of the surrounding area having regard to the likely effect on the locality in terms of the external appearance of the development, traffic congestion and hazard, noise or any other factor inconsistent with the use for which the lot is zoned.”

6.4 Policy Considerations

6.4.1 Residential Design Codes (State Planning Policy 3.1)

Lot boundary setbacks

Deemed-to-ComplyRequirement

Proposed Complies?

Walls may be built up to a lot boundary behind the street setback:

Where the wall abuts an existing or simultaneously constructed wall of similar or greater dimension.

In areas coded R20 and R25, walls not

A ground floor theatre room is proposed to have a nil setback in lieu of 1m from the northern lot boundary.

A garage is proposed to have a parapet wall on the

No

Yes

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higher than 3.5m with an average of 3m or less, up to a maximum length of the greater of 9m or one-third the length of the balance of the lot boundary behind the front setback, to one side boundary only.

Where point a) does not apply the wall is to be setback in accordance with Table 2A or 2B of the R-Codes.

southern (side) lot boundary adjacent to a parapet wall for an existing garage on the adjoining lot.

Design Principles

Variations to the deemed-to-comply requirements can be considered subject to satisfying the following Design Principle provisions:

“P3.1 Buildings set back from lot boundaries or adjacent buildings on the same lot so as to:• reduce impacts of building bulk on adjoining properties;• provide adequate direct sun and ventilation to the building and open spaces on

the site and adjoining properties; and• minimise the extent of overlooking and resultant loss of privacy on adjoining

properties.

P3.2 Buildings built up to boundaries (other than the street boundary) where this:• makes more effective use of space for enhanced privacy for the occupant/s or

outdoor living areas;• does not compromise the design principle contained in clause 5.1.3 P3.1;• does not have any adverse impact on the amenity of the adjoining property;• ensures direct sun to major openings to habitable rooms and outdoor living

areas for adjoining properties is not restricted; and• positively contributes to the prevailing or future development context and

streetscape as outlined in the local planning framework.”

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Visual privacy

Deemed-to-ComplyRequirement

Proposed Complies?

Raised habitable spaces with major openings are to be setback from the portion of a lot boundary behind the front setback area in accordance with the following:

Bedrooms – 4.5m setbackSiting rooms – 6m setback

An upper storey sitting room is proposed to have a window with a sill 1.6m above the finished floor level, which is therefore not deemed to be a major opening under the R-Codes.

Upper storey bedrooms at the rear of the dwelling are proposed to have cones of vision of 4.6m and 4.9m from the nearest lot boundaries.

Yes

Yes

Overshadowing

Deemed-to-ComplyRequirement

Proposed Complies?

Development can overshadow up to 25% of an adjoining property which is coded R25.

The development resulting in up to 34.8% of the adjoining lot being overshadowed in lieu of 25%.

No

Design Principles

Variations to the deemed-to-comply requirements can be considered subject to satisfying the following Design Principle provisions:

“P2.1 Effective solar access for the proposed development and protection of the solar access.

P2.2 Development designed to protect solar access for neighbouring properties taking account the potential to overshadow existing: • outdoor living areas; • north facing major openings to habitable rooms, within 15 degrees of north in each direction; or • roof mounted solar collectors.”

6.4.2 Local Planning Policy 6.18 – Reduction of Front Setbacks

Policy Requirement Proposed Complies?

Mount Claremont – 6m average front setback as per the R-Codes

An average front setback of 5.9m is proposed therefore Council is to have regard to the design principles under the R-Codes.

No

Design Principles of the R-Codes

Variations to the deemed-to-comply requirements can be considered subject to satisfying the following Design Principle provisions:

“P2.1 Buildings set back from street boundaries an appropriate distance to ensure

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they: • contribute to, and are consistent with, an established streetscape;

• provide adequate privacy and open space for dwellings;

• accommodate site planning requirements such as parking, landscape and utilities; and

• allow safety clearances for easements for essential service corridors.”

7.0 Budget / Financial Implications

N/A

8.0 Risk management

N/A

9.0 Administration Comment

9.1 Lot Boundary Setback of Theatre Room

The ground floor theatre room is proposed to be setback approximately 15.5m from the street boundary, therefore it is unlikely to have a significant impact on the streetscape.

The reduced setback will not result in any non-compliant amount of overshadowing onto the adjoining lot.

The wall will occupy approximately 12% of the total lot boundary’s length, and the adjoining lot impacted is currently vacant.

A boundary wall agreement for the theatre room was received during the advertising period.

9.2 Overshadowing

The overshadowing variation is largely because of the lots concerned being relatively narrow (approximately 11m in width).

The amount of overshadowing proposed which is in excess of what the R-Codes deemed to comply provisions permit equates to approximately 40sqm.

Based on the information provided and having referred to the City’s records for the adjoining lot, no outdoor living areas and/or solar collectors will be overshadowed therefore the proposal satisfies these design principles. However, a major opening for a bedroom would be overshadowed.

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Approximately 49sqm of the dwelling’s roof on the adjoining lot is likely to be overshadowed by the proposed dwelling. Therefore, even if the development was designed to be compliant with the overshadowing requirements it is likely that the same room concerned on the adjoining lot would be overshadowed due to its proximity to the lot boundary, and the narrow width of the subject lot and the neighbouring lot.

Considering this, the amount of overshadowing proposed is unlikely to have a detrimental impact on the neighbours and therefore satisfies the design principles.

9.3 Average Front Setback

Considering the scale of the development and the variation it is unlikely to have a detrimental impact on the streetscape.

The development is deemed to satisfy LPP 6.18 and the relevant design principles of the R-Codes therefore it is recommended that Council approves the application.

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13.10 Metro West JDAP Application – (Lot 564) No. 101 Monash Avenue, Nedlands – Mental Health Unit addition to Hollywood Private Hospital

Council 26 February 2019Applicant Element Landowner Ramsay Hospital Holdings Pty LtdDirector Peter Mickleson – Director Planning & Development Reference DA18/33503

DAP/18/01551Previous Item Nil. Attachments 1. Responsible Authority Report and attachments

Councillor Hassell – Impartiality Interest

Councillor Hassell disclosed that his superannuation fund has a small shareholding in Ramsay Healthcare, and as a consequence, there may be a perception that his impartiality on the matter may be affected. Councillor Hassell declared that he would consider this matter on its merits and vote accordingly.

Regulation 11(da) – Not Applicable – Recommendation Adopted

Moved – Councillor ShawSeconded – Councillor Hodsdon

That the Recommendation to Council be adopted.(Printed below for ease of reference)

CARRIED UNANIMOUSLY 13/-

Council Resolution / Recommendation to Council

Council recommends to the Metropolitan West Joint Development Assessment Panel that the application (reference DAP/18/01551) for the Mental Health Unit at (Lot 564) No. 101 Monash Avenue, Nedlands, be approved subject to the conditions and advice notes contained in the Responsible Authority Report (dated 01 March 2019).

1.0 Executive Summary

In accordance with the Planning and Development (Development Assessment Panels) Regulations 2011, Administration is required to provide a Responsible Authority Report (RAR) to the Joint Development Assessment Panel (JDAP). Council views can also be submitted as a separate submission. The purpose of this report is to obtain Council’s submission.

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The development consists of a two-storey extension to the existing Mental Health Unit. The development includes the following:

Demolition of two existing hospital buildings – McCusker Unit and Finance and Marketing Building;

Removal of 23 car parking bays at ground level; Removal of some trees and vegetation; Under-croft car parking area for 27 car parking bays (inclusive of one

ACROD bay); Mental health ward support facilities including offices on level adjacent to

car parking area; Mental Health ward provided on upper floor of building; Internal landscaped courtyard on the upper floor of building; and New landscaping around the curtilage of the building.

The development is located centrally to the site towards the eastern side of the property and adjacent (east) to the recently approved consulting centre and is an extension of the existing Mental Health Unit on the property. There are no new access points proposed to Verdun Street. The RAR outlines the proposal in detail (see attachment 1).

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13.11 Conference Attendance Request - Councillor de Lacy - Cities & Regions 4.0 Summit 2019

Council 18 December 2019Applicant City of Nedlands Officer Nicole Ceric, Executive Assistant to CEO & MayorActing CEO Martyn GloverAttachments 1. Cities & Regions 4.0 Summit 2019 Programme

Councillor de Lacy – Financial Interest

Councillor de Lacy disclosed her interest being that she is the applicant. Councillor de Lacy declared that she would leave the room during discussion on this item.

Councillor de Lacy left the room at 10.03 pm.

Regulation 11(da) – Not Applicable – Recommendation Adopted

Moved – Councillor HodsdonSeconded – Councillor Shaw

That the Recommendation to Council be adopted.(Printed below for ease of reference)

Councillor Hassell left the room at 10.05 pm.

CARRIED 7/4(Against: Cr. Argyle Mangano Wetherall & Hay)

Council Resolution / Recommendation to Council

Council:

1. approves the Councillor de Lacy’s request to attend the Cities & Regions 4.0 Summit 2019; and

2. accepts all costs associated with Councillor de Lacy’s 3 Full day Conference registration (includes 1 x dinner ticket per registration), airfares, accommodation and incidental costs.

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Executive Summary

The purpose of this report is to seek Council approval for the Councillor de Lacy to attend the Cities & Regions 4.0 Summit 2019 being held in Melbourne from 12 to 14 March 2019.

Discussion / Overview

Background

Councillor Hodsdon’s attendance had been approved in December 2018 however, as Councillor Hodsdon is no longer able to attend Councillor de Lacy is now requesting approval to attend in his place.

The Council has a budget for elected members to attend training and conferences. This budget is usually underspent due to elected members work commitments or other obligations.

Discussion

Benefits of attending this Summit is the opportunity to hear from, meet and interact with leading industry worldwide and peers with the focus on planning a better future. Includes local and state government leaders in their field, technology innovators worldwide and academics. Range of subjects from technology, smart governance and best practice planning. An example topic is how to develop a clear vision around environmental and financial sustainability in urban development.

Discussions are designed to find solutions to critical urban challenges and develop strategies to support future growth and liveability of local areas and regions.

Councillor de Lacy requests that Council pay for:

Conference Registration $1995.00 Incidental Costs (approximately) $300.00 Economy Airfare (approximately) $700.00 Accommodation (4 nights) (approximately) $800.00

TOTAL $3795.00

Key Relevant Previous Council Decisions

Nil.

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Consultation

Required by legislation: Yes No Required by City of Nedlands policy: Yes No

No public consultation required.

Budget/Financial Implications

Within current approved budget: Yes No Requires further budget consideration: Yes No

The 2018/19 budget for Members of Council Conferences & Meetings is $15,000. At 12th February 2019, $5888.87 had been allocated. Therefore, Councillor de Lacy’s request to attend the Cities & Regions 4.0 Summit 2019 is within the current approved budget.

Councillor de Lacy returned to the room at 10.07 pm.

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13.12 RFT 2018-19.04 - 30 (lot 415) St Johns Wood Boulevard, Mt Claremont - Public Open Space Development

Council 26 February 2019Applicant City of NedlandsOfficer Nathan BrewerDirector Martyn Glover (Director Technical Services)Attachments 1. Final Evaluation (Confidential).

2. St Johns Wood POS Plan.

Regulation 11(da) – Not Applicable – Recommendation Adopted

Moved – Councillor SmythSeconded – Councillor McManus

That the Recommendation to Council be adopted.(Printed below for ease of reference)

Councillor Hassell returned to the room at 10.08 pm.

CARRIED UNANIMOUSLY 13/-

Council Resolution / Recommendation to Council

Council

1. agrees to award tender no. RFT 2018-19.04 to Phase 3 Landscape Construction Pty Ltd for the redevelopment of St Johns Wood Boulevard, Mt Claremont - Public Open Space; and;

2. authorises the Chief Executive Officer to sign an acceptance of offer for this tender; and

3. approves an increase in the Parks Services maintenance budget of 0.6%, over and above any approved annualised increase, to allow servicing of the newly developed park to the same level as existing parks of a similar standing.

Executive Summary

To award the tender for the redevelopment of 30 (lot 415) St Johns Wood Boulevard, Mt Claremont.

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Discussion/Overview

Background

As part of the process of subdivision of the Old Swanbourne Hospital site in 2012, a 2,482 m2 potion of land was ceded to the Crown as a reserve for ‘Public Recreation’. Numerous difficulties initially arose from this process and consequentially the land has remained undeveloped in accordance with its intended use. The City has now progressed to a point where it has adopted a landscape plan for the reserve following extensive community consultation. The City has invited tenders to construct the landscaped development of the park and is seeking Council’s approval to award the contract in accordance with its recommendation.

Please refer to the attached plan.

Tender Information

Expenditure on this contract is to exceed $150,000. Therefore, to comply with legislative requirements outlined in the Local Government Act 1995 and ensure the best value for money for the City, this project must be tendered.

Tender RFT 2018-19.04 was advertised on 10th December 2018 in the West Australian Newspaper and on www.tenderlink.com/nedlands. The tender period ended on 14th January 2019 and submitted tenders were opened by officers of the City at 14:30. Six (6) compliant submissions were received by the City. Compliant tenders were received from the following companies;

1. DB Cunningham Pty Ltd ta Advanteering Civil Engineering.2. Eighth St Pty Ltd ta Liga Construction.3. Environmental Industries Pty Ltd.4. Horizon West Landscape Constructions.5. Phase 3 Landscape Construction Pty Ltd.6. Remote Civils Group Pty Ltd.

One (1) non-compliant submission was received from Phoenix Landscaping Services.

Evaluation

The tender was independently evaluated by three (3) City officers in accordance with the qualitative criteria specified in the tender documentation, qualitative criteria was afforded a total of 70% of the total score.

Price criteria was evaluated on a lump sum basis. A price criteria score was allocated based on the best value being scored at 100% and other values scored proportionally against this price. A total of 30% weighting was allocated to the price criteria.

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A confidential evaluation and recommendation report was completed and approved by the evaluation panel, Manager Parks Services and Director Technical Services. References were sought from appropriate sources for quality assurance purposes which backed up the findings of the evaluation panel.

The final evaluation, including pricing and scoring, can be viewed in the confidential attachment – RFT 2018-19.04 Final Evaluation.

Conclusion

Phase 3 Landscape Construction Pty Ltd scored highest in the evaluation process and provided the cheapest price.

Key personnel, their experience and qualifications, and their application to this project were covered in detail. Resources and the use of sub-contractors were detailed, and contingencies covered, current capacities and availability demonstrated.

Numerous detailed examples of projects successfully completed of a similar size and scope were evidenced, addressing quality assurance standards and risk management in detail. Examples of how good outcomes have been achieved and what issues were faced and overcame. Experience of maintenance for establishment periods was also provided. A detailed methodology was given for the delivery of the project. A comprehensive project schedule was given indicating critical path, hold points, milestones and timelines.

Phase 3 Landscape Construction Pty Ltd provided an alternative bid to this tender which replaced some items with alternatives at a cost saving. The evaluation team determined that the changes represent excellent value to the City while still achieving the intended outcome, therefore it is proposed that the alternative offer from Phase 3 is accepted.

Key Relevant Previous Council Decisions:

Item TS15.18 – Council minutes – 24 July 2018 – Approval of development.

Consultation

Not required.

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Budget/Financial Implications

Development of the reserve will have a small impact, in relative terms, to the Parks Services annual maintenance budget. The total area of new development is approximately 3.02 hectares. A maintenance budget (currently $7,200 for this financial year) already exists for the small reserve located across the road from the proposed development. The combined area of the new development and existing reserve across the road totals approximately 4.16 hectares. Based on an average unit rate per hectare for maintenance of the City’s public open space, inclusive of BBQs and playground facilities, the proposed maintenance budget for the 4.16 hectares of combined reserves next financial year will be $32,000 (exc. GST & inclusive of on-costs). This represents an overall increase of approximately 0.6% per annum to the Parks Services maintenance budget.

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13.13 RFT 2018-19.07 - Street Tree Pruning Under Power Lines

Council 26 February 2019Applicant City of NedlandsOfficer Nathan Brewer (Purchasing and Tenders Coordinator)Director Martyn Glover (Director Technical Services)Attachments 1. Final Evaluation (Confidential).

Regulation 11(da) – Not Applicable – Recommendation Adopted

Moved – Councillor HassellSeconded – Councillor Wetherall

That the Recommendation to Council be adopted.(Printed below for ease of reference)

Councillor McManus left the room at 10.14 pm and returned at 10.15 pm.

CARRIED 12/1(Against: Cr. de Lacy )

Council Resolution / Recommendation to Committee

Council

1. agrees to award tender no. RFT 2018-19.07 to Radiant Nominees Pty Ltd ta Trees Need Tree Surgeons for the provision of street tree pruning under power lines services; and

2. authorises the Chief Executive Officer to sign an acceptance of offer for this tender.

Executive Summary

To award the tender for the provision of street tree pruning under power lines services to the City.

Discussion/Overview

Background

The City of Nedlands Technical Services maintenance programme includes a provision for the contracting of street tree pruning under power lines in order to meet its statutory obligations for clearance of vegetation from Western Power electricity distribution lines in accordance with the Energy Operators

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(Powers) Act 1979. To the extent practical, the objective of this contract is to ensure that all affected trees conform to the clearance specifications as set out in legislation whilst retaining the overall aesthetic appearance, amenity value and shade within the City’s streetscapes.

Tender Information

Expenditure on this contract is to exceed $150,000. Therefore, to comply with legislative requirements outlined in the Local Government Act 1995 and ensure the best value for money for the City, this project must be tendered.

Tender RFT 2018-19.07 was advertised on 23rd October 2018 in the West Australian Newspaper and on www.tenderlink.com/nedlands. The tender period ended on 13th November 2018 and submitted tenders were opened by officers of the City at 14:30. Three (3) compliant submissions were received by the City. Compliant tenders were received from the following companies;

1. Radiant Nominees Pty Ltd ta Trees Need Tree Surgeons.2. Tree Amigos Tree Surgeons.3. Beaver Tree Services Aust Pty Ltd.

Evaluation

The tender was independently evaluated by three (3) City officers in accordance with the qualitative criteria specified in the tender documentation, qualitative criteria was afforded a total of 70% of the total score.

Price criteria was evaluated on a lump sum basis. A price criteria score was allocated based on the best value being scored at 100% and other values scored proportionally against this price. A total of 30% weighting was allocated to the price criteria.

A confidential evaluation and recommendation report was completed and approved by the evaluation panel, Manager Parks Services and Director Technical Services. References were sought from appropriate sources for quality assurance purposes which backed up the findings of the evaluation panel.

The final evaluation, including pricing and scoring, can be viewed in the confidential attachment – RFT 2018-19.07 Final Evaluation.

Conclusion

Trees Need Tree Surgeons scored highest in the evaluation process and provided the cheapest price.

Trees Need Tree Surgeons possess a qualified team with extensive experience on contracts with scopes similar to this request. While the company is comparatively small, sufficient resources are available for a contract of this scope, including contingencies. Trees Need have performed

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well on similar contracts with other local government entities and references have been obtained which attest to this. Trees Need Tree Surgeons have recently been awarded a tender for tree maintenance by the City of Stirling in which they scored highest in the evaluation process.

Trees Need comprehensively demonstrated their ability to meet the specifications of the request through their previous experience, a methodology covering the knowledge and processes required, also, planning and resource allocation to satisfy the demands of the contract, including contingencies where necessary.

Referee reports backed up the claims made in the tender submission and the findings of the evaluation panel. It is the City’s opinion that the offer from Radiant Nominees Pty Ltd ta Trees Need Tree Surgeons represents the best value offer and it is recommended their offer is accepted.

Key Relevant Previous Council Decisions:

None.

Consultation

Not required.

Budget/Financial Implications

Allowance has been made in the Parks Services operational budget for street tree pruning under power lines for all relevant locations throughout the City.

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14. Elected Members Notices of Motions of Which Previous Notice Has Been Given

Disclaimer: Where administration has provided any assistance with the framing and/or wording of any motion/amendment to a Councillor who has advised their intention to move it, the assistance has been provided on an impartial basis. The principle and intention expressed in any motion/amendment is solely that of the intended mover and not that of the officer/officers providing the assistance. Under no circumstances is it to be expressed to any party that administration or any Council officer holds a view on this motion other than that expressed in an official written or verbal report by Administration to the Council meeting considering the motion.

14.1 Councillor Mangano – FTE Headcount Reporting

At the Council meeting on 18 December 2018 Councillor Mangano gave notice of his intention to move the following at this meeting.

Moved – Councillor ManganoSeconded – Councillor Hassell

That reporting of FTE as of the balance date be reinstated in future Annual Financial Reports.

CARRIED UNANIMOUSLY 13/-

Justification For many years up to and including 2016/2017, the City of Nedlands has reported the number of FTE (Full time equivalent) employees as of the balance date (30th June) in its Annual Financial Report. In 2017/18, this item was not stated. It is important for elected members and the ratepayers to know the FTE number as employee costs are approximately 40% of the financial costs incurred by Council.

Administration Comment

The City closely monitors its operating expenditure including FTE and staff numbers.

All statutory reporting requirements are met - reporting of FTEs is not a statutory requirement and is therefore not included in the Financial Report.

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14.2 Councillor de Lacy – Underground Power

At the Council meeting on 18 December 2018 Councillor de Lacy gave notice of her intention to move the following at this meeting.

Moved – Councillor de LacySeconded – Councillor Wetherall

That Council consider in the forthcoming 2019/20 Budget deliberations that approximately $250,000 be assigned to the preparation of detailed design for the delivery of underground power to the remaining 1,707 lots across the City without this service that are not part of the West Hollywood, Claremont Triangle, Alfred Road or Alderbury Street underground power projects.

CARRIED 12/1(Against: Cr. James)

Justification

1. A detailed design provides a costing for underground power that is +/- 10%. In the past paying less money to Western Power to obtain a cost estimate of +/- 50% has created wildly varying estimates that have proven to be much higher than the final cost of West Hollywood. This creates unnecessary angst in our community and gives Council a false impression of what it really will cost.

2. Information obtained from Western Power via the Hon Bill Marmion’s questions in Parliament indicates that Western Power will need to reinforce or replace 138 poles across our City by 2026.  This could cost Western Power about $1.141m.  Given the benefits to West Hollywood residents and the City in terms of cost reductions by ‘upgrading’ a planned project in West Hollywood to replace 84 poles with underground power, it would be beneficial to discuss these plans with Western Power with a view to ‘upgrading’ this work to underground power.  We will be in a much better position to do this if we have the detailed design complete.

3. Landowner support for underground power is high as reflected in the 72% in West Hollywood who elected to pay for the cost upfront when it was anticipated that only 25% would.

4. The West Hollywood Underground Power Project delivered through a new approach by Western Power to funding projects outside of SUPP has been successful. It is likely to come in under budget and has been delivered on time and been transformative of the streetscapes in West Hollywood.

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5. Ratepayers raised questions at the 2018 Annual Elector’s meeting about the Council’s ambitious target to complete underground power by 2030 and whether this really reflected it being the number one priority for Council as stated in our recent Annual Report.  This interest in the issue demands that Council continue the momentum from West Hollywood and get on with the detailed design now.  

6. If, and when another Round of the State Underground Power Program (SUPP) is announced having a detailed design ready to go if Nedlands secures funding, allows our City to go ahead of schedule of others that do not have a detailed design.  This occurred with the Town of Cambridge’s successful bid for SUPP Round 6 funding. Being ready with a detailed design is very important because the last time the City secured funding in SUPP (which was Round 3) there was a 2-3-year delay in actual delivery of the project as we had no detailed design. This increased initial cost estimates provided to residents during the consultation on SUPP causing them to challenge the validity of paying the higher price in 2006 with a petition of 228 signatures.  

Administration Comment

The Administration support the notice of motion and $220,000 has been included in the draft Capital Works Program for the 2019/20 budget.

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14.3 Councillor Horley – Public Open Space

This Motion was withdrawn by Councillor Horley.

At the Council meeting on 18 December 2018 Councillor Horley gave notice of her intention to move the following at this meeting.

That the areas of recreational land indicated in the City’s December 2018 agenda item TS23.18 be zoned Public Open Space: (25 Strickland Street; the west end of Asquith Park; and the road reservation at the west end of Asquith Street).

Justification

1. Lack of Public Open Space in the local precinct;2. Increased density planned for this precinct;3. The need to protect these areas from potential further decreases in POS

in the future, and 4. Have the zoning reflect the land use as well as community expectations. 

Administration Comment

The motion is not supported.   For clarity, Council considered options to accommodate additional parking bays within Mt Claremont’s ‘Asquith Street Precinct’ at the Council meeting in November 2018. In relation to the locations the subject of this motion: 

There was no resolution made in relation to No. 25 Strickland Street which is currently occupied by a play school and park; 

It was resolved the western side of Asquith Park be converted into a 20-bay car park; and 

It was resolved the road reservation at the western end of Asquith Street be improved with installation of 4-5 bays and construction of a playground in an area of land within the Cottesloe Golf Club.  

 The motion requests these three locations be reserved for Public Open Space. 

Currently, Asquith Park and No. 25 Strickland Street are zoned ‘Residential’ under Town Planning Scheme No.2 (TPS 2). The road reservation at the western end of Asquith Street is not zoned under TPS 2. However, given the timing of LPS3 it would not be prudent to attempt an amendment to TPS2.   

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Under LPS3, changing the zone to a Public Open Space Reserve would not preclude the sites from being developed in the future with parking bays. The objective of the Public Open Space Reserve under LPS 3 is ‘To provide for a range of active and passive recreation uses such as recreation buildings and courts and associated car parking and drainage.’  However, the City’s Planning Department are progressing a Public Open Space Strategy. The POS Strategy will guide the City in prioritising future investment, acquisition, development and/or improvements to public open space.   Further, under draft Local Planning Scheme 3 (LPS 3), Asquith Park and No. 25 Strickland Street are proposed with a ‘Local Centre’ zone. It is anticipated that following LPS 3 gazettal, a Local Development Plan (LDP) can be prepared to guide future redevelopment of the shopping centre precinct which could include car parking and public open space considerations and locations. An LDP is considered the most appropriate mechanism to plan holistically for the centre’s future. This should, be undertaken prior to significant works being undertaken in the precinct. 

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14.4 Councillor McManus – Lot 10764 John XXIII Ave

On 7 February 2019 Councillor McManus gave notice of his intention to move the following at this meeting.

Moved – Councillor McManusSeconded – Councillor Hodsdon

Council authorises the CEO to investigate the acquisition of Lot 10764 John XXIII Ave for public open space and recreation purposes by:

1. Request again that the State Government vest this Lot in the City of Nedlands for POS/recreation purposes by writing to the Minister for Lands and by seeking a meeting with the Minister and/or relative parties.

2. If they again refuse, to investigate purchase of this Lot including the funding model.

3. Immediately arrange for a sworn valuation of this Lot.

4. Report back to Council by 30/4/19.CARRIED 12/1

(Against: Cr. James)

Justification

It is a given that there is a lack of POS/recreation in the City of Nedlands. This will only be exacerbated by the new LPS3 and its increased densities in the city. The State Government should be prepared to give a quid pro quo. When they ask for and then approve significant increased densities in inner city areas, they must realise that this will put significant pressure on existing POS/recreation areas. As a result, they should be prepared to divest land that is not required as is the case here with the Police department not now requiring the land.

This Lot is in the Waste Water buffer zone so no residential development can take place thereby reducing its attraction and value. The Lot is also outside the affected waste area where significant funds would be required to remediate the land.

This is excellent opportunity to acquire this Lot and we should pursue it vigorously.

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Administration Comment

The original Special Control Area (SCA) in LPS 3 for the Waste Water Treatment Plant was based on the existing Water Corporation odour buffer: see following:

The Minister’s modification relating to the SCA will mean that the SCA boundaries will only extend around land which is zoned under the Local Planning Scheme and will specifically exclude land Reserved under the MRS. It’s a strange modification as the Local Planning Scheme (including the SCA) already has no effect on land Reserved under the MRS. Nonetheless, the potential odour impact is something the City can have regard to should an application be lodged on land Reserved under the MRS. Note: any application on land Reserved under the MRS will be determined by the WAPC, not Council. Our role would only result in a referred comment to WAPC as part of their determination.

In relation to the police site specifically, this property is currently reserved for Public Purposes under the MRS. This means that the SCA will not apply over the land. The Department of Planning are currently progressing an MRS Amendment for the site to rezone it to Urban. Should this be approved it will mean LPS 3 will also need a Scheme Amendment following gazettal. As part of a Scheme Amendment to LPS 3, the City should amend the boundaries of the SCA consistent with the Water Corporation odour buffer modelling.

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This Notice of Motion in relation to acquisition of the site is potentially pre-emptive of the Public Open Space Strategy which, Councillors were briefed on in early February 2019. The purpose of the Strategy is to undertake significant research to inform whether additional POS (and what type) is required in areas throughout the City, which would then provide a basis to investigate suitable sites for acquisition for the purpose of POS. As detailed in the letter from Minister for Transport; Planning; Lands, this site is not within the walkable catchment area of Residential properties in Mt Claremont and therefore does not assist in the City’s deficit of local parks. It’s likely this is also what the POS Strategy will tell us.

Administration, therefore, do not support the Notice of Motion at this time.

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14.5 Mayor Hipkins – Number of Dwelling Units

On 15 February 2019 Mayor Hipkins gave notice of his intention to move the following at this meeting.

Moved - Councillor HassellSeconded – Mayor Hipkins

That Council:

1. notes that Administration has calculated the estimated number of dwelling units that may be accommodated in the plans accompanying the Minister’s directions for the modified Local Planning Scheme No. 3 according to methodology consistent with previous calculations of estimated dwelling units in the Local Planning Strategy and drafts of the Local Planning Scheme;

2. further notes that the Western Australian Planning Commission / Department of Planning has made other estimates which vary widely from those prepared earlier by them and by the City planners;

3. requests Administration to prepare a one-page summary showing simply:

a. Original targets for dwelling unit numbers set by Western Australian Planning Commission / Department of Planning;

b. Those numbers in the City-prepared Local Planning Strategy and Local Planning Scheme; and

c. The dwelling unit numbers calculated by the City and those calculated by Western Australian Planning Commission / Department of Planning under LPS3 as ordered by the Minister.

4. approves the above information be made public.

CARRIED UNANIMOUSLY 13/-

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Justification

There have been various suggestions made about the resulting increase in the number of dwelling units arising from the density changes in the modified plans – ranging from little change to the Council’s 4,400 units, to little change in the advertised 9,000 units in the advertised draft. Certainly, fewer properties are affected by density changes but have densities been increased elsewhere to compensate?

The answer can be found by calculating the number of dwelling units estimated in the Minister’s modified plan in the same way as previously calculated for the 4,400 Local Planning Strategy and Council approved draft LPS3 and the estimated 9,000 in the advertised draft. This is the only way of gaining a full understanding of the impacts of the Minister’s modified plan compared with the City’s earlier plans.

It is appreciated that with the introduction of the new Design WA codes the numbers will change but the comparison should still be made.

Administration Comment

This work has been completed and provided to the Councillors in a confidential memorandum.

This information will be made public as part of the community communication plan as yet not approved by Council and anticipated to be published prior to Friday 15 March 2019 when the signed scheme is returned to the Minister.

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14.6 Mayor Hipkins – Advice to Minister for Planning, Lands & Heritage

On 15 February 2019 Mayor Hipkins gave notice of his intention to move the following at this meeting.

Moved – Mayor HipkinsSeconded – Councillor Shaw

That Council advises the Minister for Planning Lands and Heritage that directions dated and received by electronic mail 1 February 2019 in relation to Local Planning Strategy No.3:

1. Were amended by further directions received by email 8 February 2019 and there are likely further corrections to the Schedule of Modifications, the result being that an extension of the 42-day period that the Council has to respond, is requested starting from the last change received from the Minister;

2. Were partly classified as confidential by an email dated 8 February 2019, thereby providing an incomplete picture of the directions, when they have already to some extent been distributed to the community, providing information to some but not to others;

3. Are requesting the City to act contrary to its Standing Orders and Code of Conduct, which require being open and accountable to the public while acting with honesty and integrity; and

4. Are considered by the City as public documents of widespread community interest and will be posted on Council’s website.

Councillor Horley left the room at 10.25 pm and returned at 10.27 pm.

Councillor Hodsdon left the room at 10.35 pm and returned at 10.36 pm.

CARRIED 10/3(Against: Crs. Hodsdon Wetherall & McManus)

Justification

There has already been one change to a map and the Administration has advised corrections are being discussed to the Schedule of Modifications. If the Minister changes the directions, the time clock should be re-set to start again from the last change.

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When Council approved draft LPS3 for forwarding to the WAPC in December 2016, it resolved that the scheme no longer be considered confidential and be available to the public. Having given that undertaking, it should abide by it - an approach consistent with its Code of Conduct.

The Minister’s direction that the Schedule of Modifications be kept confidential is after the horse has bolted and is unfair to those not in the know. Included within the Schedule are what uses are permitted in what zones. Without all the detail the full story is untold and what is known is misleading. It is only when all information is known can the overall impact of the modification be ascertained.

The Minister has said her modifications do not need to be advertised for further public submissions. The Council owes it to its electors to make all information freely available so that the community can make up its own mind.Administration Comment

No further directions have been made by the Minister for Planning. The City has requested clarification on a number of points regarding administrative elements of the modifications and has been engaging with the DPLH. Administration will continue to do so until such time as a completed modified Scheme is finalised. This will then be provided for signing and sealing by the Mayor and CEO.

There is no provision for the clock to stop as part of administering the Ministers request to modify the advertised Scheme. Administration are undertaking this task diligently and efficiently and will be completed well before the 42 days (15th March 2019).

The City has remained of the position that only Appendix 1 and 2 Maps were released to the public and that it was understood that the correspondence between DPLH, the Ministers Office and the City of Nedlands is confidential information. Administration will abide by the Ministers decision not to disclose this information and will mark all future information as confidential in order to ensure that clear and accurate information is being disseminated to the community in line with an approved communications plan which will set out the methodology and timing of information to the community regarding the finalisation of LPS 3.

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14.7 Mayor Hipkins – Local Planning Policies - Priorities

This Motion was withdrawn by Mayor Hipkins.

On 15 February 2019 Mayor Hipkins gave notice of his intention to move the following at this meeting.

That Council:

1. gives top priority to the preparation of a Local Planning Policy for Developer Contributions; and

2. prepares a draft Local Planning Policy – Old Mt Claremont, based on Appendix 1, to be advertised for a period of 21 days in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2, Part 2, Clause 4.

Justification

Councillors were advised by Administration on 8 February 2019 of the existing, revised and future Local Planning Policies for LPS3, with a list of priorities for preparation.

The most important LPP to be in place by the LPS3 gazettal date is one requiring Developer Contributions to generate income for the City to pay for the additional infrastructure required by higher density development, particularly additional public open space.

Not included in the list of policies for preparation is where redevelopment is most expected – Old Mt Claremont, where the proposed rezoning from R10 to R20 will permit a doubling of density with house-behind-a-house configuration. There should be an addition to Section 3 of the list of policies - 3.0 Precinct / Local Development Plans and that is to add 3.7 Old Mt Claremont.

Over the last few years the City has considered design changes to low density R-Codes at several briefings and workshops. The Special Council Meeting in December 2016 that approved draft LPS3 to be forwarded to the WAPC resolved to include increased building setbacks, open space and landscaping in low density coded areas to improve the quality of living but were not incorporated in the WAPC’s advertised plan. There is now the opportunity to progress these ideas in an Old Mt Claremont Precinct Policy, where appropriate codes are drafted according to the specific needs of an area in transition. Refer Appendix 1 for a draft policy for Old Mt Claremont.

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LOCAL PLANNING POLICY – OLD MOUNT CLAREMONT Appendix 1

1.0 PURPOSE

This policy varies standard R-Code site development controls to guide an area in transition from single family houses on large lots (R10), to double the density (R20).

2.0 BACKGROUND

The City has been aware for some years that the application of State-wide generic R-Codes does not always suit local needs and is often inappropriate in particular circumstances.

3.0 APPLICATION OF POLICY

This policy applies to the locality of Old Mount Claremont, as specified below. It could be applied in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 1, Part 4, Clause 26 (preferred) or Schedule 2, Part 2, Clause 4.

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4.0 OBJECTIVE

To protect the spacious green character of an area in transition to higher density while allowing a low level of non-residential uses. Policy measures accommodate both side-by-side (preferred) and house-behind-a-house subdivision.

5.0 POLICY MEASURES

State Planning Policy 3.1 Residential Design Codes shall apply unless modified as below.

R Code R20 Duplex (two units may adjoin with nil setback)

Minimum boundary setbacks (m)

front basement not permitted within front building setback area ground floor 9.0 first floor and above 12.0

side basement nil ground floor and above 1.5 per storey secondary street 2.0rear basement not permitted within rear building setback areas ground 6.0; garages/carports 1.0 where adjoining a right-

of-way first floor and above 12.0

Maximum building height R Code Category B

Min. total open space (% of site) 60, half of which shall be landscaping* in deep soil

Minimum car parking

residential 2 bays for each dwelling, plus one for any ancillary dwelling

non-residential 1 bay per 10 sqm gross leasable area

Max. number of vehicular crossovers 1 for each adjoining street or right-of-way

Advertising control Maximum sign size 0.2 sqm, non-illuminatedMaximum non-residential plot ratio 0.3

*Landscaping shall be provided and maintained as follows:

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a) as defined by the R-Codes and includes lawns, plants, trees, rockeries, water features and swimming pools; may at Council’s discretion include paved areas;

b) footpaths and driveways in front building setback areas may be counted as landscaping, provided the amenity of the streetscape is maintained; and

c) the portion of the lot between the street boundary and the setback line is to be designed and developed to the satisfaction of the Council as landscaping or natural planting.

Administration Comment

Administration are yet to explore the need for a Development Contribution Plan (DCP) for the City of Nedlands. Administration would like to know more information from Council as to what it seeks to achieve from a DCP and to undertake further investigation as to whether a DCP is the appropriate or necessary tool in which to achieve the desired outcome.

Upgrades and acquisitions for POS can be funded by POS contributions, however a POS Strategy is required to be endorsed first, giving this document high priority. The POS Strategy, which is currently underway, will identify areas of current deficiency at the strategic level and allows the City to take contributions for POS. A DCP is not required to collect POS contributions.

DCP’s are usually established to raise capital for infrastructure funding such as forward works for subdivision, roads, power and POS, generally in greenfield (new estate) areas. The City of Cockburn has used DCP for the purpose of raising funds to construct community infrastructure such as the ARC recreation centre and water park in Cockburn Central.

If a DCP is the chosen planning tool, the City will need to undertake a Community Infrastructure Plan, Capital Expenditure Plan, Cost Apportionment Methodology then a scheme amendment will need to be undertaken to incorporate Development Contribution Areas and write the controls of the DCP into LPS 3. This will be a complex process and may take 12-18 months to finalise. A Local Planning Policy cannot activate a DCP.

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References

Planning Bulletin 100 – State Planning Policy 3.6 – Development contributions infrastructure (Nov 2009)

https://www.dplh.wa.gov.au/policy-and-legislation/state-planning-framework/planning-bulletins/planning-bulletin-100-state-planning-policy-3-6-de

State Planning Policy 3.6 – Development contributions for infrastructure (Nov 2009)

https://www.dplh.wa.gov.au/getmedia/d8809056-67f6-4e94-a13f-07f479ffd074/SPP_3-6_development_contributions_infrastructure

Draft State Planning Policy 3.6 Development contributions for infrastructure (July 2016)

https://www.dplh.wa.gov.au/draftspp3-6

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14.8 Mayor Hipkins – Communication with Electors

This Motion was withdrawn by Mayor Hipkins.

On 15 February 2019 Mayor Hipkins gave notice of his intention to move the following at this meeting.

That Council endorse the Mayor’s intention to communicate with electors of the City with respect to Local Planning Scheme No. 3, via direct mail and/or the POST, to convey his understandings of the situation, to correct any misunderstandings.

Councillor Mangano left the room at 10.50 pm and returned at 10.52 pm.

Councillor James left the room at 10.53 pm and returned at 10.55 pm.

Justification

Various statements have been made regarding modifications to Local Planning Scheme No. 3 directed by the Minister, some of which are misleading and do not represent the views of the City. I believe these should be publicly corrected.

Administration Comment

Communications with Electors, or any other persons, with regards to LPS3 should convey the views of Council as a whole as they have been discussed and agreed in informal workshops or formal Council meetings. It is the role of Administration to provide factual information to assist elected members in their discussions and deliberations so that they can reach and agreed position, by vote if necessary. Administration and Council should have a consistent set of key messages and the objective of such messaging is required to be developed and likely endorsed by Council.

To this end the City is preparing a communications plan for the release (gazettal) of LPS 3 which includes the delivery of factual and informative detail to assist the community in understanding the implications of zoning change within the City of Nedlands. This will include a flyer/ brochure which will be distributed in the community, a Your Voice page set up for LPS 3 and information sessions where the community will be invited to seek further information and face to face contact with planning staff.  This Notice of Motion is also not clear on the frequency and scale of any communications by the Mayor and therefore the likely cost to the City especially if direct mail or paid advertisements are used.

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15. Elected members notices of motion given at the meeting for consideration at the following ordinary meeting on 26 March 2019

Disclaimer: Where administration has provided any assistance with the framing and/or wording of any motion/amendment to a Councillor who has advised their intention to move it, the assistance has been provided on an impartial basis. The principle and intention expressed in any motion/amendment is solely that of the intended mover and not that of the officer/officers providing the assistance. Under no circumstances is it to be expressed to any party that administration or any Council officer holds a view on this motion other than that expressed in an official written or verbal report by Administration to the Council meeting considering the motion.

Notices of motion for consideration at the Council Meeting to be held on 26 March 2019 to be tabled at this point in accordance with Clause 3.9(2) of Council’s Local Law Relating to Standing Orders.

Nil.

16. Urgent Business Approved By the Presiding Member or By Decision

Nil.

17. Confidential Items

Nil.

Declaration of Closure

There being no further business, the Presiding Member declared the meeting closed at 11.07 pm.

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