AGENDA - City of Bayswater · AGENDA . FOR THE . PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION...

CITY OF BAYSWATER

A G E N D A

FOR THE

PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNTIY

SERVICES

COMMITTEE MEETING

Commencing at 7:00 pm

14 June 2010

PLANNING AND ADMINISTRATION COMMITTEE AGENDA 14 JUNE 2010

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PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES COMMITTEE

AGENDA

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

ATTENDANCE, APOLOGIES, LEAVE OF ABSENCE (PREVIOUSLY APPROVED) & ABSENCE 1

ATTENDANCE, APOLOGIES, LEAVE OF ABSENCE (PREVIOUSLY APPROVED) & ABSENCE 2

DELEGATED AUTHORITY BY COUNCIL / TERMS OF REFERENCE 2

DECLARATION OF INTEREST 2

CONFIRMATION OF MINUTES 2

DEPUTATIONS 3

(i) Change of Use - Warehouse to Health Studio and Associated Alterations 3

Location: Lot 75, Unit 1, No. 11 Foundry Street, Maylands 3

File No: DA10-0221 3

(ii) Right of Way (ROW) Closure at Lot 10 Central Avenue, Maylands 3

Location: ROW at Lot 10 Central Avenue, Maylands 3

(iii) Right of Way (ROW) Closure at Lot 10 Central Avenue, Maylands 3

Location: ROW at Lot 10 Central Avenue, Maylands 3

(iv) City of Bayswater Community Crime Prevention Forum 3

(v) Proposed Lease - Bayswater Community Financial Services Ltd 4

Location: Lot 39, No 14 King William Street, Bayswater 4

Confidential Item


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(vi) Retaining Wall 4

Location: Lot 106, No. 11 Hollister Way, Noranda 4

Confidential Item

(vii) Retaining Wall 4

Location: Lot 106, No. 11 Hollister Way, Noranda 4

Confidential Item

1 PLANNING AND DEVELOPMENT SERVICES 5

1.1 Council Ratification of Planning Determinations under Delegated Authority 5

1.2 Subdivision and Amalgamation Responses under Delegated Authority 6

1.3 Building Licences Issued under Council's Policy for Single Residential Development 7

1.4 Modification to Dividing / Boundary Wall 8

Location: Lot 27, No 23 Watervista Place, Maylands 8

File No: DA07-0655.01 8

1.5 Change of Use – Showroom/Warehouse to Hire Service (Non-Industrial) 11

Location: Lot 9, Unit 9, No. 515 Walter Road East, Morley

File No: DA10-0308

1.6 Change of Use - Warehouse to Health Studio and Associated Alterations 15

Location: Lot 75, Unit 1, No. 11 Foundry Street, Maylands

File No: DA10-0221

1.7 Alterations and Additions to Maylands Sports and Recreation Club 20

Location: Reserve 9323, No. 48 Clarkson Road, Maylands

ABSOLUTE MAJORITY REQUIRED

1.8 PAW between Camboon Road and Hinsley Place, Noranda 25

Location: Camboon Road and Hinsley Place, Noranda

1.9 Right of Way (ROW) Closure at Lot 10 Central Avenue, Maylands 29

Location: ROW at Lot 10 Central Avenue, Maylands


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1.10 Naming of Laneways in Maylands Activity Centre 34

1.11 Use of Moojebing Reserve 39

Location: Reserve 20955, No 22 Moojebing Street, Bayswater

2 ADMINISTRATION AND COMMUNITY SERVICES 43

2.1 Aquatic Facilities Management Report- May 2010 43

2.2 Ranger Services Management Report – May 2010 44

2.3 City of Bayswater Community Crime Prevention Forum 47

2.4 Annual Leave – Chief Executive Officer 51

2.5 Annual General Meeting of Electors : 7 December 2009 52


2.6 City of Bayswater Annual Art Awards 57

2.7 Rotary Club of Morley Community Fair October 2011 60

2.8 YouthCARE Chaplaincy Service 63

2.9 City of Bayswater Volunteer Function –Event Debrief 65

2.10 Strutt Reserve Noranda – Campania Association and Parking Matters 67

2.11 Russian Social Club of WA Inc – Request for Space Maylands Library 70

3 CONFIDENTIAL ITEMS 73

3.1 Planning and Development Services 73

3.1.1 Status Report - Planning Complaints/Zoning Breaches 73

Confidential Item 73

3.1.2 Proposed Lease - Bayswater Community Financial Services Ltd 74

Location: Lot 39, No 14 King William Street, Bayswater



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3.1.3 Retaining Wall 75

Location: Lot 106, No. 11 Hollister Way, Noranda


3.2 Administration and Community Services 76

4 LATE ITEMS 77

NEXT MEETING 78

CLOSURE 78


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CITY OF BAYSWATER Dear Member

I have pleasure in advising that the next meeting of the Planning and Development Services & Administration and Community Services Committee will take place in Council Chambers, City of Bayswater Civic Centre, 61 Broun Avenue, Morley on Monday, 14 June 2010 commencing at 7:00pm. (A meal will be served at 6:15pm).

Yours sincerely

FRANCESCA LEFANTE CHIEF EXECUTIVE OFFICER

11 June 2010

A G E N D A

ATTENDANCE, APOLOGIES, LEAVE OF ABSENCE (PREVIOUSLY APPROVED) & ABSENCE

Members Cr Marlene Robinson Cr Michael Sabatino Cr Sonia Turkington Cr Sylvan Albert Cr Graham Pittaway, OAM Cr Alan Radford Cr Terry Blanchard Deputy for Cr Terry Kenyon, Mayor Officers Ms Francesca Lefante Chief Executive Officer Mr Des Abel Director of Planning and Development Services Mr Damien Martin Manager Planning Services Mr Joe Gomboc Manager Building Services Mr Shaun Nancarrow Manager Ranger and Security Services Ms Deirdre Cooper A/Minutes & Agenda Coordinator Ms Erika Kern Administration Officer Apologies Leave of Absence Cr Terry Kenyon, JP, Mayor Attending Conference 14-18 June, 2010

Absence


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ATTENDANCE, APOLOGIES, LEAVE OF ABSENCE (PREVIOUSLY APPROVED) & ABSENCE

DELEGATED AUTHORITY BY COUNCIL / TERMS OF REFERENCE

Delegated Authority

There are no items appearing in this agenda for which the Planning and Development Services & Administration and Community Services Committee has been granted delegated authority by Council in accordance with Section 5.23 of the Local Government Act 1995, however this meeting is open to the Public but will be closed to receive any deputations.

Terms of Reference

Planning and Development Services: To consider reports and make recommendations to Council in respect to issues relating to Planning, Building, Development, Policies, Regulations and enforcement and all other aspects of the Planning and Development Services of the City of Bayswater. Administration and Community Services: To consider reports and make recommendations to Council in respect to issues relating to the delivery of services within the areas of Administration, Community and Aged, Recreation and Leisure, Libraries, Ranger and Security Services and all other aspects of the Administration and Community Services operations of the City of Bayswater.

DECLARATION OF INTEREST

In accordance with Section 5.65 of the Local Government Act 1995:

A member who has an interest in any matter to be discussed at a Council or Committee meeting that will be attended by the member must disclose the nature of the interest - (a) in a written notice given to the CEO before the meeting; or (b) at the meeting immediately before the matter is discussed.

CONFIRMATION OF MINUTES

Minutes of the meeting of the Planning and Development Services & Administration and Community Services Committee meeting held on Monday, 17 May 2010, which have been circulated, are presented for confirmation as a true and correct record.

Moved: Seconded:


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DEPUTATIONS

Deputations are closed to the public.

(i) Change of Use - Warehouse to Health Studio and Associated Alterations Location: Lot 75, Unit 1, No. 11 Foundry Street, Maylands File No: DA10-0221 Applicant: Luke Dimasi Owner: Schulstad Engineering Pty Ltd Officer: Director of Planning and Development Services

In relation to Item 1.6, Mr Luke Dimasi (the applicant) will be in attendance at the meeting from 7:15pm speaking on the item. (Refer page No 16.) (ii) Right of Way (ROW) Closure at Lot 10 Central Avenue, Maylands

Location: ROW at Lot 10 Central Avenue, Maylands Applicant: Michele Di Biase Owner: Michele Di Biase Officer: Director of Planning and Development Services

In relation to Item 1.9, Ms Belinda Wong (Solicitor acting on behalf of the landowner of No 205 Peninsula Road, Maylands) and Anna Kosky (landowner of No 205 Peninsula Road, Maylands) will be in attendance at the meeting from 7:30pm speaking on the item. (Refer page No 30.) (iii) Right of Way (ROW) Closure at Lot 10 Central Avenue, Maylands

Location: ROW at Lot 10 Central Avenue, Maylands Applicant: Michele Di Biase Owner: Michele Di Biase Officer: Director of Planning and Development Services

In relation to Item 1.9, Michele Di Biase (adjoining landowner No 38 Central Avenue, Maylands) will be in attendance at the meeting from 7:45pm speaking on the item. (Refer page No 30.) (iv) City of Bayswater Community Crime Prevention Forum In relation to Item 2.3, Mr Shaun Nancarrow (Manager Rangers and Security) will be in attendance at the meeting from 8:00pm to give a presentation. (Refer page No 48.)


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(v) Proposed Lease - Bayswater Community Financial Services Ltd Location: Lot 39, No 14 King William Street, Bayswater Applicant: Bayswater Community Financial Services (BCFS) Owner: City of Bayswater Officer: Director of Planning and Development Services

In relation to Item 3.1.2, Mr Sean Kay (Branch Manager, Bayswater Community Financial Services Ltd) will be in attendance at the meeting from 8:15pm speaking on the item. (Refer page No 75.) (vi) Retaining Wall

Location: Lot 106, No. 11 Hollister Way, Noranda Owner: G. & S. Sparta Officer: Director of Planning and Development Services

In relation to Item 3.1.3, Mr Sam Genovese (representing the owner of 11 Hollister Way, Noranda) will be in attendance at the meeting from 8:30pm speaking on the item. (Refer page No 76.) (vii) Retaining Wall

Location: Lot 106, No. 11 Hollister Way, Noranda Owner: G. & S. Sparta Officer: Director of Planning and Development Services

In relation to Item 3.1.3, Mr Mark La Cava (owner of 13 Hollister Way, Noranda) will be in attendance at the meeting from 8:45pm speaking on the item. (Refer page No 76.)


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1 PLANNING AND DEVELOPMENT SERVICES

1.1 Council Ratification of Planning Determinations under Delegated Authority Attachment: Delegated Authority - 01/05/2010 – 31/05/2010 Officer: Director of Planning and Development Services

Application

The development applications contained in Attachment 1 have been determined in accordance with the Scheme requirements, Residential Design Codes 2008 and Council’s policies.

Voting Requirements

Simple Majority Required.

Officer's Recommendation

That Council receive the Planning Determinations issued for the period 1 May 2010 to 31 May 2010 by the City’s Director of Planning and Development Services and Manager Planning Services in accordance with Council’s Policy – Delegated Authority, as contained in Attachment 1.

Moved: Seconded:


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1.2 Subdivision and Amalgamation Responses under Delegated Authority Attachment: Delegated Authority Subdivisions - 01/05/2010 –

31/05//2010 Officer: Director of Planning and Development Services

Application

The subdivision and amalgamation applications contained in Attachment 1 comply with the provisions of the City’s District Zoning Scheme No 24, have been processed accordingly, and a recommendation returned to the Western Australian Planning Commission. Voting Requirements Simple Majority Required.

Officer's Recommendation That Council receive the subdivision and amalgamation applications for which comment has been provided to the Western Australian Planning Commission for the period 1 May 2010 to 31 May 2010, as contained in Attachment 1.

Moved: Seconded:


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1.3 Building Licences Issued under Council's Policy for Single Residential Development Attachment: Delegated Authority - 01//05/2010 – 31/05/2010 Officer: Director of Planning and Development Services

Application

The building applications for single residential development contained in Attachment 1 have been issued with a building licence in accordance with the Building Code of Australia, Residential Design Codes 2008 and Council’s policies.

Voting Requirements



That Council receive the Building Licences issued for single residential development for the period 1 May 2010 to 31 May 2010 by the City’s Building Services Section, in accordance with the Building Code of Australia, Residential Design Codes 2008 and Council’s policies, as contained in Attachment 1.

Moved: Seconded:


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1.4 Modification to Dividing / Boundary Wall Location: Lot 27, No 23 Watervista Place, Maylands Attachments: No. 1 - Location Map & Photo

No. 2 - Detailed Plans File No: DA07-0655.01 Applicant: M. Bielawski Owner: A & M Bielawski Officer: Director of Planning and Development Services Refer: Item 16.1.2: OCM : 23.02.2010 Item 12.3.13: OCM : 25.03.2008

Application Revised plans dated 23 May 2010 have been received for a modification to the approved height of the existing south-eastern dividing / boundary wall at Lot 27, No. 23 Watervista Place, Maylands. The application involves an increase in height of the dividing / boundary brick wall adjacent to the common boundary with No. 25 Watervista Place, Maylands. Council consideration is required as the height of the dividing / boundary wall exceeds the height limit under the Peninsula Golf Estate Design Guidelines.

Background

Town Planning Scheme No. 24 Zoning: Medium and High Density Residential R30

Use Class: Single House ‘P’

Lot Area: 300m²

Existing Land Use: Single House

Surrounding Land Use: Single House, Local Public Open Space

Size/Nature of Proposed Development: Increase in height of dividing wall (brick fence)

SCHEME PROVISIONS REQUIRED PROVIDED

Setbacks -

Front

4 metres 4.5 metres

Fence Height 1.8 metres 3.2 metres Following investigations by the City in relation to the height of the parapet wall on the opposite side boundary with No. 21 Watervista Place, Maylands, the City became aware that the dividing / boundary wall on the boundary with No. 25 Watervista Place was not constructed in accordance with the relevant planning approval and building licence. Council at the Ordinary Meeting on 23 February 2010 resolved to issue formal notices to the owner and builder of the subject site in relation to the constructed height of the garage parapet/boundary wall on the boundary with No. 21 Watervista Place, Maylands.


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The owner of the property has lodged an Application for Review against the subject notices regarding the constructed height of the parapet wall adjoining No. 21 Watervista Place with the State Administrative Tribunal (SAT). A Full Hearing on the matter is scheduled for 7 July 2010. The current application is seeking approval for the increased height of the south-eastern brick wall, and is not considered to have any implications with regard to the matter before the SAT regarding the impact of the parapet / boundary wall on the boundary with No. 21 Watervista Place, Maylands.

Comment The application has been assessed against the requirements of the Town Planning Scheme No. 24 (TPS 24) and Council Policies and Local Laws and is considered to comply with all requirements with the exception of the height of the subject wall.

The wall has the function of a boundary fence, but given the height and relationship to the building is considered to be a boundary wall. For information only, the Peninsula Golf Estate Design Guidelines states that a boundary fence, should be limited to a height of 1.8 metres measured from the natural ground level. The dividing / boundary wall the subject of this application is located adjacent to the garage boundary wall with No. 25 Watervista Place, Maylands. The height of the wall will result in the structure being at approximately the same height as the abutting garage parapet/boundary wall on No. 25 Watervista Place, Maylands. The front setback of the wall at 4.5 metres is approximately the same as the adjoining garage parapet/boundary wall. The adjoining landowner has indicated that they have no objection to the subject wall height. The height of the wall is considered to be acceptable from an amenity perspective, as it screens the parapet/boundary wall from the adjoining property, and is not considered to unduly affect the amenity of the adjoining property or the amenity of the streetscape. In areas coded Medium and High Density Residential R30, parapet/boundary walls are permitted to be constructed to a maximum height of 3.5 metres with an average height of 3.0 metres. In this regard the maximum height of the fence is 3.3 metres with an average height of 2.8 metres. Council has the ability to consider the wall under performance. It is considered that the height, length and location of the wall are acceptable. Notwithstanding, the characteristics of the wall have been considered under performance, given that any variations to the provisions of the Peninsula Golf Estate Design Guidelines are required to be considered against the performance criteria of the Residential Design Codes (R Codes). The relevant performance criteria of the R Codes state boundary walls should make effective use of space; or enhance privacy; or otherwise enhance the amenity of the development; not have any significant adverse effect on the amenity of the adjoining property; and ensure that direct sun to major openings to habitable rooms and outdoor living areas of adjoining properties is not restricted. The wall satisfies the above performance criteria.


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Based on the above, the height of the wall is not considered to unduly affect the amenity of the area and is recommended for approval subject to the conditions contained in the officer’s recommendation.

Summary An application seeking approval for a dividing / boundary wall to a height of 3.2 metres will allow the wall to be the same height and approximately the same front setback as the garage boundary wall on the adjoining property at No. 25 Watervista Place, Maylands. The adjoining landowner has indicated no objection to the height of the wall.

The application is recommended for approval subject to conditions, including a condition requiring the applicant to provide confirmation of the constructed height of the wall.

Voting Requirements Simple Majority Required.


That Planning Approval be granted for the dividing / boundary wall at Lot 27, No. 23 Watervista Place, Maylands in accordance with the application DA08-0655.01 and revised plans dated 23 May 2010 subject to the following planning conditions:

1. This approval is valid for a period of two years from the date of this letter. If the development/use, the subject of this approval, is not SUBSTANTIALLY COMMENCED within two years, the approval shall lapse and be of no further effect. Where an approval has lapsed, no development/use shall be carried out without the further approval of the City having first been sought and obtained.

2. The development shall be carried out only in accordance with the terms of the application as approved herein, and any approved plan.

3. The development complying with any details marked in red on the approved plans.

4. In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and Building Regulations 1989, a building licence certificate endorsed by the City must be obtained.

5. This approval does not authorise any interference with dividing fences, nor entry onto neighbouring land. Accordingly, should the applicant/owner wish to remove or replace any portion of a dividing fence, or enter onto neighbouring land, the applicant/owner must first come to a satisfactory arrangement with the adjoining property owner. Please refer to the Dividing Fences Act 1961.

6. On completion of construction, all excess articles, equipment, rubbish and materials being removed from the site and the site left in an orderly and tidy condition.

7. The applicant/owner to provide an ‘as constructed’ plan showing the final as constructed height of the subject wall to the satisfaction of the Manager of Planning Services.

Moved: Seconded:


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1.5 Change of Use – Showroom/Warehouse to Hire Service (Non-Industrial) Location: Lot 9, Unit 9, No. 515 Walter Road East, Morley Attachments: No. 1 - Location Plan and Site Photos

No. 2 - Detailed Plans File No: DA10-0308 Applicant: Daniel Bertogna Owner: Hempway Pty Ltd Officer: Director of Planning and Development Services Refer Item 11.1.10: OCM 25.05.2010

Item 11.1.8: OCM 02.02.2010 Item 13.4: OCM 28.07.2009 Item 12.3.14: OCM 24.07.2007

Application

MRS Form 1 and plans dated 4 May 2010 have been received for a change of use from showroom/warehouse to hire service (non-industrial) at Lot 9, Unit 9, No. 515 Walter Road East, Morley.

Background

The applicant is the proprietor of the Major DVD and Games Centre outlet which is currently located nearby at Lot 755, No. 484 Walter Road East, Embleton. The applicant intends to move the business from this location to the subject site at Unit 9, No. 515 Walter Road East, Morley. The unit is currently vacant and has not been occupied by a business since the completion of the complex in 2008.

Town Planning Scheme No. 24 Zoning: Light Industry

Use Class: Hire Service (Non-Industrial) – ‘D’

Lot Area: 135m²

Existing Land Use: Vacant

Surrounding Land Use: Showroom/Warehouse, Fast Food Outlet and Residential

Size/Nature of Proposed Development: Change of Use


Parking 10 bays 6 bays


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The site received planning approval by Council on 24 July 2007 for a showroom/warehouse complex with 159 parking bays. The unit proposed to be used as the subject hire service (non-industrial) was approved with six parking bays. Council has previously approved the following change of use applications in the complex with parking shortfalls:

CHANGE OF USE APPLICATION

PARKING REQUIRED

PARKING PROVIDED

PARKING SHORTFALL

COUNCIL APPROVAL

DATE

Showroom/Warehouse to Convenience Store – Unit 7 12 bays 9 bays 3 bays 28/07/2009

Showroom/Warehouse to Fast Food Outlet – Unit 6 11 bays 5 bays 6 bays 02/02/2010

Showroom/Warehouse to Fast Food Outlet – Unit 10 9 bays 5 bays 4 bays 25/05/2010

Comment

Assessment of the application indicates that it complies with the provisions of TPS 24 and Council Policy with the exception of a shortfall in the required onsite parking and the land use of hire service (non-industrial) is listed as a discretionary use under the City of Bayswater TPS 24.

Appropriateness of Use The site is zoned ‘Light Industry’ under the provisions of TPS 24. The use of hire service (non-industrial) is listed as a discretional use under TPS 24. The definition of a hire service (non-industrial) under TPS 24 is as follows: “Hire Service (Non-Industrial): means any land or buildings used for offering for hire or rent of goods of a non bulky nature which does not include large mechanical devices or equipment.” The applicant has indicated that the proposed use is for a DVD and video game hire service business to be open from Monday to Friday during the hours of 10am to 10pm and Saturday to Sunday during the hours of 9am to 10pm. The applicant proposes to employ up to six overall staff with a maximum of two working onsite at a time. The proposal provides for six (6) parking bays which are addressed further in this report. The proposed hire service business is to be located at the front of the subject site adjacent to an approved fast food outlet. This area of the site is considered to be suitable for short term high turnover customer traffic as there are ample parking bays after business hours and two vehicular access points to Walter Road East. It is noted that the busiest times for customer visits are expected to be after 5pm on weekdays and during weekends. The applicant has stated that it is expected that there will be an average weekly customer turnover of 400 persons, 80% of which are expected during the hours of 6pm to 8pm Monday to Sunday.


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As noted earlier in this report the applicant is currently operating from nearby premises at No. 484 Walter Road East, Morley. It not considered that a relocation of the existing premises will result in an undue impact upon the amenity of the surrounding area. Parking The proposal makes provision for six parking bays on the site, which are the bays proportionately assigned to the subject tenancy. Development standards for a hire service (non–industrial) are not specified under TPS 24 so the proposal has been assessed in accordance with the parking requirements of a shop. Accordingly parking is required to be provided at seven bays per 100m², which results in 10 parking bays required based on the 135m2 floor area of the tenancy, representing a shortfall of four bays. The site overall provides a total of 159 bays. Whilst the proposed hire service (non-industrial) may generate more overall traffic than the existing approved use of showroom/warehouse, the nature of this use will be a short term parking use, commensurate with high turnover parking, thereby ameliorating any potential parking issue. In addition to this, the proposed hours of operation for this use is largely outside general business hours, with peak demand for onsite parking expected to occur between the hours of 6 pm to 8pm. It can be expected that demand for onsite parking at the subject site outside general business hours would be reduced. There is also likely to be some overlap with some customer visiting more than one business on the site, with the approved fast food outlets at Units 10 and 6 and the approved convenience store at Unit 7 serving as multiple purpose trip generators. It is further considered that a reasonable amount of customers will walk to this outlet from surrounding residential areas due to the nature and contextual location of the outlet and an existing local customer base carrying over from the current location at No. 484 Walter Road East. Given the above and the large number of total bays on site, the parking shortfall is considered to be acceptable in this instance.

Summary

Assessment of the application indicates that it complies with TPS 24 and Council Policy with the exception of a shortfall in the required onsite parking. The land use of hire service (non-industrial) is also listed as a discretionary use under TPS 24. The parking shortfall is considered to be mitigated by the likelihood of short customer visits and the availability of additional parking within the complex during off peak hours. Given that the proposed business already operates within close proximity of the subject site, the proposed change of use is considered to not create an undue impact on the surrounding area in terms of appropriateness of use. Accordingly, the proposal is recommended for approval.

Voting Requirements Simple Majority Required.


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That Planning Approval be granted for the proposed change of use to hire service (non-industrial) at Lot 9, Unit 9, No. 515 Walter Road East, Morley, in accordance with the application and plans dated 4 May 2010, subject to the following planning conditions:

1. This approval is valid for a period of two years from the date of this letter. If the development/use, the subject of this approval, is not SUBSTANTIALLY COMMENCED within two years, the approval shall lapse and be of no further effect. Where an approval has lapsed, no development/use shall be carried out without the further approval of the City having first been sought and obtained.

2. The development shall be carried out only in accordance with the terms of the application as approved herein, and any approved plan.

3. In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and Building Regulations 1989, a building licence must be obtained prior to the commencement of any building works.

4. The development complying with any details marked in red on the approved plans.

5. The noise generated by construction or operational activities is not to exceed the levels prescribed under the Environmental Protection (Noise) Regulations 1997.

6. No retailing to be undertaken on the premises to the satisfaction of the City of Bayswater.

7. Any onsite signage to be installed in accordance with the City’s Signage Policy to the satisfaction of the City of Bayswater.

8. Compliance with the City of Bayswater Health Local Laws.

Moved: Seconded:


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1.6 Change of Use - Warehouse to Health Studio and Associated Alterations Location: Lot 75, Unit 1, No. 11 Foundry Street, Maylands Attachments: No. 1 - Location Plan and Site Plan

No. 2 - Detailed Plans File No: DA10-0221 Applicant: Luke Dimasi Owner: Schulstad Engineering Pty Ltd Officer: Director of Planning and Development Services Refer: Item 11.1.7: OCM 25.05.2010

Application

MRS Form 1 and plans dated 26 March 2010, and amended plans dated 1 April 2010 have been received for a change of use from a warehouse to a health studio at Lot 75, Unit 1, No 11 Foundry Street, Maylands. The existing unit is vacant; the City’s records indicate that it was most recently used for the purposes of storage and repairs by a business named ‘Safari Treks’. Council consideration is required as the applicant has requested Council dispensation in relation to the car parking requirements of the Scheme. Council at its meeting on 25 May 2010 resolved that this Item be deferred to enable further information to be provided on the possibility of providing car parking on the adjoining verge and its impact on the adjacent residential area. In support of the proposal the applicant has advised the following: • The business is intended to provide physical fitness training to small groups of

customers; • Additional parking is available within the strata unit complex during evenings after

5pm; • Further parking is available on the council road reserve abutting the subject site; • The times of peak business will be from 6am to 10am and 4pm to 7pm; and • A maximum of 15 people will be onsite during peak times.

Background

The neighbouring premises at No. 9 Foundry Street were approved for the use of showroom/warehouse and private gym by Council on 21 November 2001. The gym area was approved for use by staff members only and is not open to customers. The premises continue to be used for the sale of items and bulky goods pertaining to physical fitness.

Town Planning Scheme No. 24 Zoning: General Industry

Use Class: Health Studio – ‘D’

Lot Area: 2009 m²

Existing Land Use: Warehouse

Surrounding Land Use: General Industry/Residential

Size/Nature of Proposed Development: Health Studio


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Council at its meeting on 25 May 2010 considered the application and resolved to defer determination of the item until matters regarding parking had been further clarified.


Parking 23 bays 9 bays (7 additional bays available after 5pm)

Comment

Assessment of the application indicates that it complies with the provisions of Town Planning Scheme No. 24 (TPS 24) and Council Policy with the exception of a shortfall in the required onsite parking. TPS 24 requires 23 bays to be provided for the subject site. nine bays have been provided resulting in a shortfall of 14 car bays, although it is noted that a further seven onsite parking bays are available during the projected periods of peak activity after 5pm. Appropriateness of Use The site is zoned ‘General Industry’ under the provisions of TPS 24. The use of ‘health studio’ is listed as a discretional use under TPS 24. The definition of a health studio under TPS 24 is as follows: “Health Studio: means land and buildings designed and equipped for physical exercise, recreation and sporting activities.”

The applicant has indicated that the proposed use is for a group physical training business to be open during the hours of 6am to 8pm during weekdays and 7am to 12pm on Saturdays. The applicant proposes to employ two staff members on site, although the applicant has stated that a further two employees will work offsite. The area of the unit to be used for the proposed use measures 313m2. The premises are located within an area that is zoned as General Industry; however the site is adjacent to a residential area. The commercial nature of the proposed use is considered to have less impact upon the amenity of the locality than other uses that may possibly be permitted under a General Industry zoning. The proposed use is not dissimilar to the existing use of the neighbouring premises at No. 9 Foundry Street. Furthermore it is considered that a mixture of commercial and residential development is in keeping with the established pattern of land uses in the vicinity of the Maylands town centre. The applicant has stated that the business will be centred primarily on ‘one on one’ personal fitness training sessions by appointment only. Although group training sessions are proposed to be undertaken from the site the applicant has advised that they will account for about 20% of customer visits, are not proposed to take place after 7pm and will provide for a maximum of 12 customers at a time. Hence it is not considered that the operation of group classes from the site will result in undue disruption or impact upon the amenity of neighbouring residents in the vicinity of Foundry and Morrison Streets in Maylands.


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Parking The proposal makes provision for 9 parking bays on the site. Under the provisions of TPS 24, parking is required to be provided for a health studio at 1 bay per 15m² of floor area and a further one bay per staff member, which results in 23 parking bays representing a shortfall of 14 bays. There are at least three potential parking bays available on Foundry Street directly outside the premises. The applicant has indicated that a further seven onsite parking bays are available within the strata complex after 5pm. These bays will increase the parking provision during evenings to 16 bays representing an overall parking shortfall of seven bays during those times.

As encompassed in the Addendum contained within the Council Agenda dated 25 May 2010 relating to this item, the City's Engineering Services Section has advised that the verge adjacent to the industrial and commercial properties along Foundry Street is of an insufficient width to install angled parking. Whilst it is considered feasible to install an additional three parallel bays, this would only replicate bays currently available on the road reserve. Furthermore as parking restrictions do not apply in the vicinity of Foundry Street the benefit of dedicated parking bays on the road reserve its considered to be minimal. It is however considered prudent that the verge adjacent to the subject site is paved and drained so that informal spillover verge parking can be more readily accommodated. The applicant has stated no objection to upgrading the verge at the applicant’s expense.

The applicant has stated that the maximum amount of people onsite that is considered to be feasible is no more than 15.

The peak hours are predominately outside of the standard business hours of 8.30am to 5pm. The subject site is approximately 550m from the Maylands town centre. Given the proximity of both the Meltham and Maylands train stations (500-600m) and public transport bus service on Guildford Road, it is considered that some customers who live and work in the vicinity will use public transport or walk to the premises. The applicant has further advised it is expected that many clients will cycle or be dropped off at the site.

Residential zones are located on the opposite side of Foundry Street. These areas are zoned Medium and High Density Residential – R50 and are in close proximity to Guildford Road and the Maylands town centre. As many of the residential properties near the subject site are relatively small in size many residents and visitors park in the street. This is particularly the case on Morrison and Ferguson Streets.

If the maximum amount of people on the premises does not exceed 15 after the hours of 5pm then there will be at least 16 parking bays available for customers and staff within the subject property after this time. Condition 6 of the officer’s recommendation addresses this possible issue by limiting the maximum amount of people on site to no more than15. Furthermore the applicant has advised that group training sessions will not operate back to back thereby alleviating the potential pressure on parking during changeover periods. Accordingly it is not considered that the proposed change of use will result in an undue impact upon the amenity of surrounding residents with regards to parking.


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Given the above, it is considered that during the morning peak period of operation, there would be adequate onsite parking and potential on street parking to sufficiently cater for the projected amount of customers. During the evening peak period, it is considered that there would be sufficient onsite parking to accommodate the maximum amount of 15 persons that the applicant has stated will be onsite at any one time as there will be 16 parking bays available onsite during the projected peak periods of the health studio. It is considered that any spillover parking that does arise from the use of the site as a health studio will not unduly impact on neighbouring residential properties, particularly given that the residential properties along Foundry Street have an existing interface with commercial and industrial activities.

Summary

The proposal for a health studio is considered to be appropriate considering that nature of the surrounding urban context. The shortfall in car parking is considered to be mitigated by the likelihood of additional after hours parking within the strata complex and the relatively small amount of visitors that are expected to be onsite. The proposal is recommended for approval.

Voting Requirements



1. That Planning Approval be granted for the proposed change of use to health studio and associated alterations at Unit 1, No. 11 Foundry Street, Maylands in accordance with the application dated 28 March 2010 and plans dated 1 April 2010, subject to the following planning conditions:

a) This approval is valid for a period of two years from the date of this letter. If the development /use, the subject of this approval, is not SUBSTANTIALLY COMMENCED within two years, the approval shall lapse and be of no further effect. Where an approval has lapsed, no development/use shall be carried out without the further approval of the City having first be sought and obtained.

b) The development shall be carried out on in accordance with the terms of the application as approved herein, and any approved plan.

c) In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and Building Regulations 1989, a building licence must be obtained prior to the commencement of any building works including internal fit-out.

d) The verge on the Foundry Street road reserve to be paved and drained to the satisfaction of the City of Bayswater.

e) No more than 15 persons to be on the premises at any given time.

f) Compliance with the City of Bayswater Health Local Laws.

g) The building is to be registered and certified as a public building with Environmental Health Section of the City of Bayswater, in accordance with the Health (Public Buildings) Regulations 1992.


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h) Sanitary conveniences are to be provided in accordance with the provisions of the Building Code of Australia, Health Act 1911 and the Occupational Safety and Health Regulations.

i) Compliance with the Health (Air Handling and Water Systems) Regulations 1994 and relevant Australian Standards.

j) Any noise generated is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.

k) Any onsite signage to be installed in accordance with the City’s Signage Policy to the satisfaction of the City of Bayswater.

Moved: Seconded:


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1.7 Alterations and Additions to Maylands Sports and Recreation Club Location: Reserve 9323, No. 48 Clarkson Road, Maylands Attachments: No. 1 – Location Plan

No. 2 – Detailed Plans No. 3 – Cost Estimates

Applicant: City of Bayswater Owner: City of Bayswater Officer: Director of Planning and Development Services Refer: Item 13.12: OCM 23.06.2009

Application

To consider the concept designs for the provision of an entry statement, office/meeting room and additional toilet and shower facilities for the Maylands Sports and Recreation Club situated at No. 48 Clarkson Road, Maylands.

Background

Council resolved as part of the 2008/2009 Capital Works budget to prepare a concept design of the upgrade of the Maylands Sports and Recreation Club including upgrades to the existing entry as requested by the current lessee, Maylands Sports and Recreation Club Incorporated.

A report was presented to Council meeting on 23 June 2009 which outlined the three options for the upgrade of the facility, and Council resolved the following: “That Council:

1. Support the concept design options for the proposed additions and alterations to the Maylands Sports and Recreation Club situated at Reserve 9323, No. 48 Clarkson Road, Maylands and endorse Option 3 being the preferred option.

2. Approve the existing funds of $50,000 (Account E158000) be carried forward to the 2009/2010 Budget for the preparation of detailed design and construction drawings for the project.

3. Authorise the Director of Planning and Development Services to obtain all necessary approvals from relevant authorities for the preferred concept.”

Comment

General Building Condition The facility was built in 1988 and is performing / functioning as intended. The facility is due to undergo an audit over the next few weeks as part of the ongoing building assessments. The existing survey information shows that the building / asset is in generally good condition and there are no major or urgent items of disrepair. Design In accordance with Council resolution, the City engaged the services of M. Rodic and Associates to provide detailed working drawings for the upgrade of the facility in line with the preferred option (Option 3).


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As part of these works, consulting engineers (Simon Tan and Associates Pty Ltd) inspected the facility in order to finalise the electrical, hydraulic and mechanical service designs for the facility. Further to the above assessment of the existing building, the following matters were raised which need to be addressed as part of the building upgrade: • Provision of new sub-mains from the existing local sub-switchboard to cater for the

building additions;

• Provide emergency lighting to the existing building;

• Provide a fire detection and alarm system to cover existing and the proposed additions;

• Integrate existing intruder system in the main building to the proposed additions; and

• Upgrade the existing power supply from Western Power to the existing metered site main switchboard.

Final plans are now being prepared by M. Rodic and Associates that will take into consideration the consultants’ findings to enable the City to prepare tender documents for the proposed additions/renovations as approved by Council. Estimated Project Cost Detailed cost estimates have been provided by a quantity surveyor (Jessett Estimating Building Services) with the current estimate for the building works being $332,886.00 (excluding GST) for 137m2 of additional floor space as detailed in Option 3 previously supported by Council. Cost estimates for the additional works as highlighted by the consulting engineers that will be required to be carried out as part of the proposed works in order for the facility to comply with relevant legislative requirements, has been estimated at between $50,000 - $80,000 (excluding GST) subject to further investigations. The consulting engineers have been engaged to prepare detailed design documentation for the additional works so that they can be included within the tender for the proposed additions.


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The indicative project costs are as follows:

Works Estimated Cost

Demolition $2,000.00

Preliminaries & Consultants $7,000.00

Building Works $332,886.00

Electrical Service Upgrade, Mechanical Service Upgrade and Fire Safety

$80,000

Contingency $40,000.00

Landscaping $3,000

Total $464,886.00

GST $46,488.60

Total including GST $511,374.60

Note: Estimate for the service upgrades to the facility are still to be determined and are subject to further consultation by the consulting engineers and costs being finalised.

Timeframe Given the above, the project timeframes have been amended as follows:

Key Milestones Timeframe Status

Approval of design option – Option 3 June 2009 Complete Preparation of detailed documents May 2010 Complete Approvals (Planning & Swan River Trust) May 2010 - December 2010 Tender preparation June 2010 – December 2010 Tender period December 2010 - January 2011 Tender assessment January 2011 Award of contract February 2011 Construction February 2011 - May 2011 Completion June 2011

The City will need to obtain the necessary approvals from the Swan River Trust and Western Australian Planning Commission which may take up to 8-16 weeks. To meet the proposed timeframe, the City needs to finalise the detailed drawings for the subject works and address the service variables for the project. Prior to the calling of tenders for the subject works, sufficient funding for these works needs to be allocated to ensure these works can be completed.


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Summary

The design of the proposed alterations and additions to Maylands Sports and Recreation Club based on the preferred option has been prepared. The total estimated cost of the project is $464,886.00 (excluding GST). The next stage is to obtain the relevant approvals and then undertake the tender process and construction works. The works are not essential to the immediate functioning of the facility but was a request of the user group to enhance and upgrade the external appearance of the building. The works could be undertaken in 2011/2012 onwards. Given the budget situation Council could consider various options to progress the works and the preferred option is for Council to defer the calling of tenders until funding has been obtained from alternative funding sources and/or funding has been considered and approved by Council as part of the 2011/2012 Budget process.

Financial Implications

The 2009/2010 budget has the following allocations for this subject project:

1. Account No. E158006999 - $50,000 (carried forward from 2008/2009) for design and documentation.

2. Account No. F176006999 - $50,000 for upgrade of entry statement. Currently the City has expended and committed the following funds from Account No. E15800699:

Expenditure Works Amount

Current expenditure Design and documentation $21,500

Committed expenditure Engineering design $9,150

Total $30,650 The total amount of $50,000 under Account No 176006999 for the entry statement upgrade is proposed to be carried forward as part of the draft 2010/2011 Budget. The current draft 2010/2011 Budget does not include any additional allocations of funds for this project. Given the budget situation, there are various options to progress the works, and the two key options are as follows: Option 1 The total budget provision of $464,886 (excluding GST), to be considered as part of the 2010/2011 budget process this will enable the project to proceed by facilitating the calling of tenders for this project and carrying out all works as scoped.


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Option 2 The City applied for alternative sources of funding for the project, including the following avenues: • Lotterywest;

• Department of Sport and Recreation - Community Sport Facilities Fund (CSRFF); and

• Federal Government – Regional and Local Community Infrastructure Programme (RLCIP)

Preferred Option The proposed works (alterations and additions to the Maylands Sports and Recreation Club) are not essential to the immediate functioning of the facility but was a request of the user group to enhance and upgrade the external appearance of the building. The works could be undertaken in 2011/2012 onwards. Council has the option to defer the calling of tenders until funding for the project has been obtained from alternative funding sources and/or funding has been considered and approved by Council as part of the 2011/2012 Budget process. Policy Implications Nil.

Voting Requirements



That:

1. Council defer the commencement of the proposed alterations and additions to the Maylands Sports and Recreation Club at Reserve 9323, No. 48 Clarkson Road, Maylands, until the following matters have been resolved:

a) All necessary approvals from relevant authorities for the works have been obtained; and

b) Sufficient funding for the works have been obtained from alternative funding sources; and/or

c) Sufficient funding for the works has been considered and approved by Council as part of the 2011/2012 Budget process.

2. Council authorise the Director of Planning and Development Services to obtain all necessary approvals from relevant authorities for the works.

Moved: Seconded:


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1.8 PAW between Camboon Road and Hinsley Place, Noranda Location: Camboon Road and Hinsley Place, Noranda Attachments: Location Plan and Site Photo Applicant: Alex Starine Owner: The Crown Officer: Director of Planning and Development Services Refer: Item 11.1.11: OCM 25.05.2010

Item 13.16: OCM 27.01.2009 Item 14.19: OCM 28.10.2008

Application

Council consideration is required in relation to a request to install gates across the pedestrian access way (PAW) between Camboon Road and Hinsley Place, Noranda. Council originally considered a request to install gates across the PAW from the same applicant at its meeting of 27 January 2009 and resolved that “the request to place gates across the Pedestrian Access Way be declined on the grounds that gates may not be appropriate in this instance”. The subsequent request to install gates was considered by Council at its meeting of 25 May 2010, where Council resolved that “this item be referred back for further consideration regarding installation of gates”. The options for consideration in relation to the subject request include: 1. Maintain the status quo; 2. Provide gates at either end of the PAW; and/or 3. Provide extra security features such as lighting or more security patrols.

Background Correspondence dated 4 September, 2008 was received from a landowner adjoining the pedestrian access way (PAW) between Camboon Road and Hinsley Place, Noranda requesting that gates be installed in the PAW to control access at night. The reasons cited for the request were security issues at night and graffiti on adjoining fences.

Council, at its meeting of 28 October 2008 resolved to advertise the proposal to place gates across the PAW before considering the matter further. Public advertising finished on 2 December 2008. A total of three submissions were received during the advertising period, comprising one submission objecting to the installation of gates and two submissions from service agencies stating no objections to the installation of gates. One submission was also originally received from the applicant requesting the gates be installed. Following the public advertising period, Council further considered the original request to place gates across the PAW at its meeting of 27 January 2009, and resolved that “the request to place gates across the Pedestrian Access Way be declined on the grounds that gates may not be appropriate in this instance”.


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In accordance with Council’s policy TP-P 1.3 on Pedestrian Access Way Closures, further requests will not be considered within twelve months of the resolution date. Another request from the original applicant to place gates across the PAW was received on 24 February 2010. The applicant states that since the original request to place gates across the PAW, anti-social behaviour has been an increasing occurrence, particularly graffiti and noise at night.

Comment

Requests to close or install gates in pedestrian access ways (PAWs) are often made on the grounds of security, safety and amenity. However, PAWs were created to provide improved pedestrian access to services and facilities within a neighbourhood. In considering closure or gate installation requests, a balance needs to be found between pedestrian access and concerns regarding residents’ amenity and security.

An adjoining landowner has further requested gates to be installed at either end of the PAW to improve security during the night. The request states that anti-social behaviour has become an increasing occurrence since the original request to place gates across the PAW, particularly graffiti and noise at night. The PAW between Camboon Road and Hinsley Place, Noranda is strategically located and considered to form an important part of the pedestrian network in the area. The PAW is located near Camboon Primary School, Millerick Reserve and commercial facilities along Camboon Road. An alternative route exists via Hinsley Place, Noranda which would require a walk of an additional 100m metres to reach the primary school. The PAW also provides access to bus stops on Camboon Road. The alternate route may be up to 270m further. As such, the PAW is considered to be important to the daytime local pedestrian network. Permanent closure is not considered to be the most appropriate option and is not requested by the applicant. The installation of gates is considered to be a possible solution in some instances to address security concerns in PAW’s. Gates would allow public access during daylight hours and would be locked between the hours of 10pm and 5am by the City’s Security and Ranger Services, as per Council policy. It should be noted that the opening and closing of PAW gates each morning and night has the potential to impact on the efficiency of the City’s Security and Ranger Services. The process of installing gates at either end of the PAW would cost the City approximately $5000 based on previous examples. Given that during the public advertising period of the original request no submissions were received in support of the proposed installation of gates, and that one submission was received objecting to the proposal, it is considered that the installation of gates may still not be appropriate in this instance. Further, it is considered that the installation of gates would have a negative influence on the visual amenity of the area. The installation of gates may also reinforce the perception that crime is prevalent in the area, and may negatively affect community attitudes towards the area.


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The applicant has stated that anti-social behaviour has increased in and around the PAW, however no additional evidence has been provided to support this claim. The City’s Western Australian Police Crime Events database indicates that there were no crime events reported in or around the PAW (or adjoining properties) between January 2009 and June 2009. This data is unavailable past June 2009. The City’s Ranger and Security Services section have advised that there have been no reported incidents of anti-social behaviour in or around the PAW in the last six months. Given that there is minimal evidence of anti-social behaviour in and around the PAW, and there were no submissions of support for the gates received during the previous public advertising period, it is considered that the installation of gates would not be appropriate in this instance. As an alternative to the installation of gates, it is considered that the City could investigate lighting upgrades at either end of the PAW and more frequent security patrols in order to improve security and visibility in and around the PAW. Bollard lighting has previously been trialled in another PAW within the City approximately 10 years ago. The bollard lighting at that PAW was subject to recurrent vandalism over a period of time. The recurrent vandalism of the bollard lighting created significant difficulties in regards to its maintenance, and therefore the bollard lighting was required to be removed. Since this time, it is considered that advances may have been made in more resistant bollard lighting. A request for extra lighting in the PAW has also been received from an adjoining landowner. It is therefore recommended that the City’s Technical Services investigates potential lighting upgrade options for security in PAW’s. Further, residents should also be encouraged to report any incidents to the police, the City’s Security and Ranger Services and Neighbourhood Watch.

Summary

The City has received a request to install gates at either end of the PAW between Camboon Road and Hinsley Place, Noranda. An original request to install gates was considered by Council at its meeting of 27 January 2009, where it was not supported. An additional request from the same applicant has been received, stating that anti-social behaviour has become an increasing occurrence, particularly graffiti and noise at night. No additional evidence has been provided to support this claim, and investigations by the City show no significant occurrence of anti-social behaviour in or around the PAW. When the original request was publicly advertised, no submissions were received in support of the proposed installation of gates, and one submission was received objecting to the proposal. It is also considered that the installation of gates would have a negative influence on the visual amenity of the area. It is therefore considered that the request to place gates across the PAW be declined. Further, to address anti-social behaviour concerns it is considered that the City’s Technical Services investigates potential lighting upgrade options for security in PAW’s.

Policy Implications

Nil


The installation of gates at either end of the PAW would cost the City approximately $5000 based on previous examples. There was $10,000 allocated in the 2009/10 budget for upgrades for PAW’s.


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Voting Requirements

Simple Majority Required


That in relation to the Pedestrian Access Way (PAW) between Camboon Road and Hinsley Place, Noranda:

1. Council declines the request to place gates across the pedestrian access way on the grounds that gates are not appropriate in this instance.

2. The applicant be advised of Council’s decision and encouraged to report any anti-social incidents to the police, the City’s Ranger and Security Services and Neighbourhood Watch.

3. The City’s Technical Services investigate potential lighting upgrade options for security in pedestrian access ways.

Moved: Seconded:


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1.9 Right of Way (ROW) Closure at Lot 10 Central Avenue, Maylands Location: ROW at Lot 10 Central Avenue, Maylands Attachments: No. 1- Location plan and site photo Applicant: Michele Di Biase Owner: Michele Di Biase Officer: Director of Planning and Development Services

Application

Council consideration is required regarding a request to close the privately owned right of way (ROW) at Lot 10 Central Avenue, Maylands. This is in the context of current Supreme Court action between the owners of the subject and adjacent properties relating to access rights over the ROW.

Background

The owners of the subject ROW at Lot 10 Central Avenue, Maylands also own the adjoining property at Lot 1, No. 38 Central Avenue.

It is recognised that there are burden and benefit easements in relation to the ROW, which the City has sought legal advice on. This is further discussed below. Council adopted a ROW Study at its meeting of 26 June 2007. The study outlines recommendations for dealing with ROW closures. The recommendation contained in the ROW Study for the subject ROW is ‘No Action. Possible closure if and when ROW no longer used for rear access. Alternatively City could acquire in future dependent upon owner wishes’. In addition to the request for closure of the ROW that has been received by the City, the matter is currently before the Supreme Court. The owners of the ROW are seeking to have the easements extinguished pursuant to section 129C of the Transfer of Land Act, to enable the ROW to be amalgamated with the adjoining Lot 1. The owners of Lot 2, No. 205 Peninsula Road are seeking confirmation of access rights in regards to the easement as part of the Supreme Court action.

Comment

The City sought preliminary comment from adjoining landowners on the proposed closure of the ROW for initial Council consideration. Should Council consider closure is appropriate, full public advertising will be required.

Objection to Closure The owner of No. 205 Peninsula Road, Maylands made a submission objecting to the proposed closure of the ROW, stating: 1. The ROW is the only vehicle access to the property; 2. The closure of the ROW would adversely affect the value of the property; 3. The ROW leads to a garage/carport, which supports the use of the ROW; 4. The owners of Lot 10 Central Avenue have allowed the previous tenants and

landowner to use the ROW; and 5. Off street parking would be unable to meet the City’s requirements. This is due to the

width of the lot, and the proximity of the house to the front boundary.


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The owner of No. 40 Central Avenue, Maylands made a submission objecting to the proposed closure of the ROW. The owner stated that legal advice has been sought regarding the matter and consider that due to the historical use of the ROW to access the rear of the property, the owner can apply for a prescriptive easement and subsequent caveat on the title. Supporting Closure The applicant made a submission in support of the closure, stating: 1. The ROW no longer supports the intended use (sanitation servicing) and is no longer

in character of the area.

2. The ability to use the ROW is restricted due to the natural composition of the land.

3. There has been limited use of the ROW over a number of years. Owners on Peninsula Road have used the verge for parking, as opposed to rear access.

4. The present owner of No. 205 Peninsula Road has stated intermittent use of the ROW to access the rear of the premises since the property was purchased in 2007, which indicates that the ROW is not the prime access to the property.

5. The owner of No. 205 Peninsula Road has extended the front of the house, which has prevented sufficient land available for adequate off street car parking at the front of the lot.

6. The original recommendation in the City’s draft ROW study was to close the ROW and amalgamate it with the adjoining lot. This recommendation was subsequently changed to ‘No Action. Possible closure if and when ROW no longer used for rear access. Alternatively City could acquire in future dependent upon owner wishes’. There was no opportunity to refute this change.

7. The inability to amalgamate the ROW into the adjoining lot reduces the development potential of the land.

8. There are concerns in regards to public liability.

9. The Western Australian Planning Commission’s Development Control Policy 2.6 states that the minimum width of a ROW must be 6.0 metres to enable adequate vehicle access. This ROW is only 3.0 metres wide.

10. The ROW only provides for one-way access, and does not allow for manoeuvring.

11. There is no vehicle crossover to access the ROW from Central Avenue.

12. The ROW creates an unsafe pedestrian environment for users of Central Avenue. Legal Advice The City has obtained legal advice in regards to the matter, which can be summarised as follows: 1. No. 205 Peninsula Road has the right, pursuant to section 167A of the Transfer of

Land Act, to use the ROW as an easement (right of way) to benefit that lot. Those rights extend to vehicular and pedestrian access. The owners of the ROW are not permitted to unreasonably hinder those rights.

2. In regards to the matter which is currently before the Supreme Court, the owners have the burden of convincing the court the easement should be extinguished, and the


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opposition by the owner of No. 205 Peninsula Road will mean that the burden is not easily discharged.

3. The City does not ultimately control whether the ROW is closed. The mechanism for closing a section 167A ROW is section 52 of the Land Administration Act 1997 (LAA). Under that section, a local government may request the Minister for Lands to close the ROW. It is considered unlikely that the Minister would agree to close the ROW under section 52 of the LAA in the circumstances of this case, given that the adjoining landowners object to the closure.

4. Given that the Supreme Court action will determine whether the ROW is extinguished, it is recommended that the City should not support closure of the ROW.

It is noted that the submission in support of the closure raises a number of issues which will be considered by the Supreme Court. It is therefore considered inappropriate for the City to comment on a number of these issues. Notwithstanding, the following issues are raised in addition to the above legal advice: ROW Study The ROW Study recommends ‘No Action. Possible closure if and when ROW no longer used for rear access. Alternatively City could acquire in future dependent upon owner wishes’. Given that the adjoining landowners have objected to the closure due to requiring the ROW for rear access, it is considered that the ROW should not be closed in accordance with the recommendation contained in the ROW Study. The applicant stated that the recommendation contained in the original draft ROW Study was to close the ROW and amalgamate it with the adjoining lot. This statement is correct, however after the draft ROW Study was referred to Council following public advertising, the recommendation was then changed to ‘No Action. Possible closure if and when ROW no longer used for rear access. Alternatively City could acquire in future dependent upon owner wishes’. This was due to submissions received from adjoining landowners. Council adopted the final ROW Study at its meeting of 26 June 2007. WAPC Development Control Policy 2.6 The applicant has stated that the subject ROW is 3.0 metres in width. The Western Australia Planning Commission’s (WAPC) Development Control Policy 2.6 requires a minimum width of 6.0 metres for ROW’s. However, the WAPC’s Planning Bulletin No. 33 states that narrower ROW’s are acceptable in some instances. Given that the ROW only services a maximum of three lots, a 3.0 metre wide ROW is considered an appropriate width at this point in time. Car Parking There is insufficient space at No. 205 Peninsula Road, Maylands for the provision of two car bays in accordance with the City’s Town Planning Scheme No. 24 requirements for off street car parking. Vehicle access to Peninsula Road is required to be in forward gear as Peninsula Road is a Local Distributor Road as per the Metropolitan Road Hierarchy, and there is insufficient manoeuvring space to allow for this. Further, there is no crossover access to Peninsula Road from this lot. This effectively makes the ROW essential to allow No. 205 Peninsula Road access to two car bays at the rear of the property.


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The City’s officers inspected the subject ROW on 4 May 2010, and it was observed that the ROW has been fenced off by the owner of the ROW (who is also the adjoining landowner at No. 38 Central Avenue). There is a sign on the fence which states “Site is closed to public access while works are in progress” (refer Attachment No. 1). Given that this matter is currently before the Supreme Court, it is considered that the City should not take any action in regards to the current state of the ROW. The Supreme Court dispute is a private dispute between the owner of the ROW and adjoining landowners regarding access rights. The ROW is not a public ROW and the City has no obligations in connection with its maintenance. Development Potential The applicant has stated that the inability to close and amalgamate the ROW into the adjoining lot would negatively influence the development potential of the land. Lot 1, No. 38 Central Avenue is zoned Medium and High Density Residential R30, with a lot area of 738m². The ROW at Lot 10 Central Avenue is zoned Medium and High Density Residential R30, with a lot area of 72m². In accordance with the Residential Design Codes site requirements for R30, the average site are per dwelling is 300m². Lot 1, No. 38 Central Avenue therefore has the development potential for two grouped dwellings. The amalgamation of the ROW into the adjoining lot would have no impact on this development potential. Purchase of the ROW The subject ROW was created as part of a subdivision in 1904. It is the responsibility of the purchaser of the land to conduct the appropriate due diligence to identify any encumbrances which may affect the land. Given the above, it is considered appropriate that the request to close the subject ROW be declined. Nevertheless, if Council wishes to proceed with the closure, full public advertising would be required. The matter would then be referred to State Land Services, who are the determining authority for ROW closures.

Summary

The City has received a request to close the privately owned right of way (ROW) at Lot 10 Central Avenue, Maylands. The applicant/owner of the ROW is the adjoining landowner of No. 38 Central Avenue, Maylands. In addition to the request for closure of the ROW that has been received by the City, the matter is currently before the Supreme Court where the owners of the ROW are seeking to have the easement extinguished pursuant to section 129C of the Transfer of Land Act, to enable the ROW to be amalgamated with the adjoining lot. The owners of No. 205 Peninsula Road are seeking confirmation of access rights in regards to the easement as part of the Supreme Court action.

The City sought preliminary comment from adjoining landowners on the proposed closure of the ROW. Two adjoining landowners who have easement benefits over the ROW objected to the proposed closure. The applicant considers that the ROW is no longer functional for its intended use. The ROW Study recommends ‘No Action. Possible closure if and when ROW no longer used for rear access. Alternatively City could acquire in future dependent upon owner wishes’. Given the above, it is considered appropriate that Council does not support the proposal to close the subject ROW.


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Policy Implications

Nil.


Nil.

Voting Requirements



That in relation to the Right of Way (ROW) at Lot 10 Central Avenue, Maylands:

1. Council declines the request to close the ROW on the grounds that:

a) The ROW study recommends ‘No Action. Possible closure if and when ROW no longer used for rear access’; and

b) There are burden and benefit easements in relation to the ROW.

2. The applicant and submitters be advised of Council’s decision.

Moved: Seconded:


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1.10 Naming of Laneways in Maylands Activity Centre Attachments: No. 1- Map and Proposed Names of Laneways in

Maylands Activity Centre Zone No. 2 - Summary of Submissions No.3 - Geographic Names Committee's Principles Guidelines and Procedures - Road Naming Guidelines

Officer: Director of Planning and Development Services Refer: Item 11.1.7: OCM 23.02.2010

Application

Council consideration and authorisation is required to: 1. Approve the recommended names for the laneways in the Maylands Activity Centre,

which were selected as a result of the local community’s suggestions; and 2. Write to the Geographic Names Committee requesting that the recommended names

be added to the City’s Street Names and Reserves Register.

Background

Council at its meeting of 8 December 2009 considered a report on the Maylands Activity Centre Urban Design Framework and resolved in part as follows:

“That: 1. Council adopt the Maylands Urban Design Framework as a strategic plan to

guide the future development of the Maylands town centre and the Framework be considered pursuant to Clause 3.6.1 f) of Town Planning Scheme No. 24, subject to: …”

Part 2 of the Urban Design Framework (UDF) relates to General Urban Design Principles and Objectives with Part 2.4 specifically dealing with Movement Networks. Part 2.4.3 of the aforementioned document relates to Laneways and states the following: “…It is also recommended that laneways within the Activity Centre be named to establish a sense of place and identity.” Council at its Ordinary Meeting of 23 February 2010 considered a report on the Consultation of the Naming of the laneways in the Maylands Activity Centre and resolved as follows: “That: 1. The City undertake consultation inviting the community to submit suggestions

for names to be considered for the laneways in the Maylands Activity Centre. 2. Following consultation, a report is to be presented to Council for

consideration of the suggested names for the laneways in the Maylands Activity Centre.”


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Consultation inviting the community to submit suggested names commenced on 16 March 2010 and concluded on 6 April 2010. Letters were sent to the adjoining landowners and advertisements placed in the local newspaper and on the website, as per the City’s standard consultation procedure.

Comment

The City received seven submissions, containing a total of 16 suggested names, which are outlined below: 1. Ellard Lane; 2. Park Lane; 3. Farnham Lane *; 4. Robinson Lane; 5. Roxy Lane; 6. Elliot Lane; 7. Rifo’s Lane; 8. Sullivan Lane; 9. Watts Lane; 10. Sargent Lane; 11. Rose Lane; 12. Bakers Lane; 13. Colbung Lane; 14. Lyric Lane *; and 15. Lyric Theatre Lane. Names that were suggested twice in separate submissions are highlighted by an asterisk (*). Background information on the names and justification for the suggestions are summarised in the summary of submissions provided in Attachment No. 2. The report presented to Council at its Ordinary Meeting on 23 February 2010 highlighted the fact that for a name to be further considered by the Council it would need to meet the requirements of the Geographic Names Committee’s Principles Guidelines and Procedures (the Guidelines), the relevant section of which is contained in Attachment No. 3. Also noted was the fact that if the suggested name was related to a person it would need to meet the following criteria of the City’s Policy relating to the Naming of Parks, Reserves, Streets and Infrastructure: “4. All requests for the naming of a street, recreation reserve or infrastructure must be

identified within one of the following categories: a) War veteran from within the City of Bayswater; b) Founding member of a Bayswater community organisation; c) Ex-councillor, Local Member of Parliament or Senior Council Officer; d) Contribution to the Bayswater community (contribution must be verifiable, i.e. long-

term member of a community organisation); or e) A figure of local historical note.”


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The report presented to Council on 23 February 2010 also highlighted the fact that there were 6 sections of laneways to be named in the Maylands Activity Centre. Following an analysis of the submissions and having due regard to the criteria stated above, the following names are recommended for the sections of the laneways in the Maylands Activity Centre: 1. Laneway Section 1 – Sargents Lane; 2. Laneway Section 2 – Lyric Lane; 3. Laneway Section 3 - Ellard Lane; 4. Laneway Section 4 – Roxy Lane; 5. Laneway Section 5 – Sullivan Lane; and 6. Laneway Section 6 – Bakers Lane.

The recommended names for each of the sections of the laneways are graphically illustrated in Attachment No. 1. The names proposed for each of the sections of the laneways have attempted to be as geographically accurate as possible in relation to the location of the businesses/ proprietors/property owners that each section is named after. The detail provided in the submissions suggesting the recommended names clearly illustrates that the names either fit into categories d) and e), and in some instances both, of the City’s Policy relating to the Naming of Parks, Reserves, Streets and Infrastructure.

The recommended names either represent: 1. Businesses or types of businesses that were important to the area in its early,

formative years from both an economic and social perspective; or 2. People who made outstanding contributions to the Maylands community, particularly

in the early, formative years. The table below outlines why each of the six names are recommended by the City’s officers:

Suggested Name Justification for Selection

Sargents Lane • Lionel Sargent was an important business owner who made outstanding contributions to the Maylands community in its early, formative years.

• Mr Sargent’s shop was located on Railway Terrace (now Whatley Crescent) and Laneway Section 1 is at the rear of properties fronting Whatley Crescent.

Lyric Lane • The Lyric Theatre was an important, well known meeting place for the Maylands community during the early formative years of the suburb.

• The building, which still stands, is located adjacent to Laneway Section 2.

Ellard Lane • The Ellard family has been in Maylands for over a century.

• 4 of the children settled in Maylands with families, and children went to Maylands schools.


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Roxy Lane • The Roxy Picture (outdoor theatre) was located at the corner of Guildford Road and Falkirk Avenue for many years.

• The theatre was an important, well known meeting place for the Maylands community during the early formative years of the suburb.

Sullivan Lane • Muriel Sullivan was a member of the Maylands community who made outstanding contributions to the community, particularly with respect to volunteering to help the needy and returned, infirmed soldiers.

• Ms Sullivan lived at No. 49 Ninth Avenue, which is located in close proximity to Laneway Section 5, for 57 years.

Bakers Lane • There were four bakeries in Maylands during the early formative years. These bakeries were not only important to the area economically but also socially, as they provided places for the community to shop and socialise with each other.

• Laneway Section 6 is located adjacent to where one of the bakeries used to be located.

Further to the above, each of the recommended names has historical and geographic relevance to the laneways, the Maylands Activity Centre and its community. They are therefore unique to the area. The historical and geographic relevance to the laneways and Maylands Activity Centre will assist in creating a unique sense of place for the Maylands Activity Centre as recommended in the Maylands Activity Centre Urban Design Framework. The City’s officers considered that the suggestion of Farnham Lane also had merit. Bernard Farnham owned a well known and important grocery store in the area and contributed to the community through helping customers during times of hardship, such as the depression years. However, the Geographic Names Committee’s Guidelines state that “name duplication within local governments or adjoining local governments shall be avoided”. Farnham Way already exists in Morley (around 5.5 kilometres from the subject site). Accordingly, Farnham Lane, whilst a locally suitable suggestion, would not meet the Geographic Names Committee’s Guidelines and therefore has not been recommended. The suggestions of Rose Lane, Watts Lane, Robinson Lane and Park Lane would also be similar to existing street names in the City and would therefore not meet the Geographic Names Committee’s Guidelines on name duplication as outlined above. Accordingly, they have not been recommended. Next Steps Once the names have been endorsed by Council, the City’s Officers will need to liaise with the Geographic Names Committee in order to have the names included on the City’s Street Names and Reserves Register.


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At such time as formal correspondence from the Geographic Names Committee is received advising the City that the recommended names have been included on the City’s Street Names and Reserves Register, the laneways can be formally named.

Summary

Based on the community’s suggestions, it is recommended that Council approve the following names for the laneways in the Maylands Activity Centre as depicted in attachment 4:

1. Laneway Section 1 – Sargents Lane; 2. Laneway Section 2 – Lyric Lane; 3. Laneway Section 3 - Ellard Lane; 4. Laneway Section 4 – Roxy Lane; 5. Laneway Section 5 – Sullivan Lane; and 6. Laneway Section 6 – Bakers Lane.

It is also recommended that Council authorise the Director of Development Services to write to the Geographic Names Committee requesting that the above names be included on the City’s Street Names and Reserves Register.

Policy Implications

Nil.


Nil.

Voting Requirements



That Council:

1. Approve the following names for the laneways in the Maylands Activity Centre:

a) Laneway Section 1 – Sargents Lane

b) Laneway Section 2 – Lyric Lane

c) Laneway Section 3 – Ellard Lane

d) Laneway Section 4 – Roxy Lane

e) Laneway Section 5 – Sullivan Lane

f) Laneway Section 6 – Bakers Lane

2. The Council authorise the Director of Development Services to write to the Geographic Names Committee requesting that the above names be included on the City’s Street Names and Reserves Register.

Moved: Seconded:


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1.11 Use of Moojebing Reserve Location: Reserve 20955, No 22 Moojebing Street, Bayswater Attachments: No. 1 - Correspondence W.A. Radio Control Model Car

Club No. 2 - Location Plan

Applicant: City of Bayswater Owner: Crown land vested in City of Bayswater Officer: Director of Planning and Development Services

Application

To seek Council’s approval to advertise for registration of interest to use and lease a portion of Reserve 20955 located at 22 Moojebing Street, Bayswater for community purposes.

Summary of Possible Use and Lease

Property : Portion of Reserve 20955, 22 Moojebing Street, Bayswater

Zoning : Local Scheme Reserve – Local Public Open Space

Uses : Scale Model Car Racing

Leased Area : Approx 3,575m²

Term: Standard Lease - 10 years

Rent : To be determined

Outgoings : Standard Lease - Local government services and other charges, rubbish collection charges, water usage and telephone, electricity, gas and other power and light charges.

Background Moojebing Reserve located at No. 22 Moojebing Street, Bayswater is vested to the City of Bayswater and has been leased to four separate clubs that currently utilise separate portions of land and buildings that have been constructed over the years (by the club members) on the Reserve, these being:

1. Light Car Club of WA Inc; 2. Australian Model Railway Association (WA Branch ) Inc; 3. West Coast Model Rally Club Inc; and 4. WA Radio Control Model Club Inc. Of the above clubs only the Australian Model Railway Association (WA Branch ) Inc is in lease with the City (expires on 30 April 2016). All other clubs leases expired on 30 April 2009.


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The City has written to all other clubs advising that the leases have expired and in turn both the Light Car Club of WA Inc and West Coast Model Rally Club Inc are waiting to renew the respective lease to utilise the land and building that are currently utilised over the past twenty two years. The standard lease agreement has been forwarded to these two clubs and comments have been received which is subject to future items being presented to Council before any lease is finalised with the clubs The WARCMCC ceased racing on this site due to noise pollution generated from the race cars. Noise population testing was conducted in September 2007 which highlighted that the noise generated exceeded the allowable limit. A letter dated 24 February 2009 was received from the WARCMCC requesting a further tenure of ten (10) years as the lease agreement is due to expire. The lease agreement between the City of Bayswater and the WARCMCC expired on 30 April 2009. A letter was sent to the WARCMCC dated 27 May 2009 requesting the WARCMCC obtain a noise management plan to ensure the clubs activities comply with the Environmental Protection (Noise) Regulations 1997. Once the City received this plan, the future tenure would be considered. The WARCMCC advised the City verbally on 16 September 2009 that the noise testing was not successful. A letter was received from the WARCMCC dated 26 October 2009 advising the City that the WARCMCC were withdrawing its application to renew the lease, due to the sound test conducted highlighting that the cars exceeded the noise levels required by the Noise Regulations (Refer Attachment No.1). As the WARCMCC are no longer situated at the site it is currently being maintained by the City.

Comment The zoning of the site for Local Scheme Reserve – Local Public Open Space allows the site to be used for recreational uses and possibly community purposes. The leased area is approximately 3,575m² and consists of a bitumen sealed race track, brick commentator’s box, elevated control platform and an area designated for race preparation.

Entry to the premises is shared with the West Coast Model Rally Car Club Incorporated that are currently located at the rear of the Reserve. The West Coast Model Rally Car Club Incorporated (WCMRCC) has a separate lease agreement for the area of the reserve that it utilises. The site in its current form would be suitable for community groups that have a need for a model race track.


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A letter dated 3 March 2009 from the West Coast Model Rally Car Club Incorporated expressed an interest in the lease for the area that the WARCMCC had occupied. Considering the history of this site and noise complaints received, the WCMRCC were requested to obtain a noise management plan from an accredited acoustic consultant demonstrating that all of the clubs’ intended activities conducted on the property comply with the Environmental Protection (Noise) Regulations 1997. The WCMRCC conducted the relevant testing on 18 September 2009 and the results were presented to the City. The consultants engaged for the testing believes that the electric remote control cars used by WCMRCC comply with the Environmental Protection (Noise) Regulations 1997. Furthermore, the City received a letter from the Perth Radio Electric Car Club (PRECC) dated 7 October 2008 submitting a proposal to keep radio control on-road racing at Moojebing Reserve in the form of electric racing. The PRECC required an enclosed venue. A meeting was held with the PRECC and the City’s Officers to discuss this proposal and the outcome of this meeting was that the PRECC were to submit a further proposal outlining the clubs financial contributions for the construction of an enclosed venue. To date the City’s records indicate that no further response has been received. Summary As a result of previous noise complaints and non compliances, the City’s Environmental Health Services has requested acoustic consultant reports from each leasee proposing to race remote control cars (petrol and electric) at the Moojebing Reserve Complex. Independent acoustic consultant reports were received from WCMRCC (prepared by Vipac Engineers and Scientists Limited) and WARCMRC (prepared by Garbriel’s Environmental Design Pty Ltd). The report from WCMRCC (electric scale model cars) revealed compliance whereas the WARCMCC (petrol scale model cars) did not. The leased area has now been vacated by WARCMCC and the City has taken re-procession of the site. Currently the reserve is set up for two styles of model car racing (off road dirt track and bitumen surface hard track). Registrations of interest from community groups just for the lease of the bitumen surface hard track would be limited. As part of previous discussions with the WARCMCC, the president has submitted an expression of interest in taking over and combining the lease for the on-road track located on the same reserve. Policy Implications Nil.


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Financial Implications Nil.

Voting Requirements Simple Majority Required. Officer's Recommendation

That Council:

1. Accept the expression of interest from West Coast Model Rally Club Inc for the use and lease of the on road track and associated structures on Reserve 20955 No 22 Moojebing Street Bayswater.

2. Authorise the Director of Planning and Development Services to prepare a draft (standard lease) agreement for the use of the on road track and associated structures in addition to the current off road track and associated structures located on Reserve 20955 No 22 Moojebing Street Bayswater in consultation with West Coast Model Rally Club Inc. The terms of the lease to be in accordance with the adopted standard lease agreement and require the Club to ensure compliance with the Environmental Protection (Noise) Regulations 1997 at all times when utilising the site.

Moved: Seconded:


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2 ADMINISTRATION AND COMMUNITY SERVICES

2.1 Aquatic Facilities Management Report- May 2010 Attachments: 1. Aquatic Facilities Management Report – May 2010

Officer: Acting Director of Administration and Community Services

Application

To consider the report of activities at the City of Bayswater aquatic facilities for May 2010.

Background

A copy of the report and operations undertaken in the Month of May 2010 (refer to Attachment No. 1).

Comment

Bayswater Waves mission statement;

"To enrich community life and enhance the wellbeing of people of all ages, particularly the residents of the City of Bayswater, by providing high quality leisure facilities and services.” Bayswater Waves operating hours are: Monday to Friday 5:30am to 7:00pm Saturday to Sunday 7:00am to 7:00pm Maylands Waterland operating hours are from 1 November 2009 through to 18 April 2010: Monday to Sunday 10:00am to 5:00pm The Royal Life Saving Society training room has commenced construction at the south eastern corner of the building, abutting the newly constructed gym extension. This addition is being funded by the Federal Grant Community Education and Vocational training infrastructure.

Policy Implications

Nil.


Nil.

Voting Requirements



That the report of activities and operations for the City of Bayswater’s aquatic facilities for May 2010 be received.

Moved: Seconded:


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2.2 Ranger Services Management Report – May 2010 Attachments: Ranger Services Management Report – May 2010 Officer: Acting Director Administration and Community Services

Application

1. To provide Council with information about the activities of City of Bayswater Ranger Services for May 2010 in order for Council to make informed decisions about the service provided.

2. Consider the Ranger Services Management Report format and the information provided to Council.

Background

Statistics relating to Ranger Services has been presented to Council previously by providing a spreadsheet of Action Request types and a brief description of activities or issues arising.

At the Planning and Development Services and Administration and Community Services Meeting held on 17 May 2010, Councillors discussed the Ranger Report content and outlined some issues relating to the level of service being provided specifically relating to shopping trolleys impounded, illegal signs and infringements issued.

The intent of the Ranger Services report is to provide Council with information about the service in order to effectively make decisions that affect the medium to long term application of the service.

Ranger Services deals with action requests and administer laws relating to specific legislation in order to maintain and improve community safety. The various Legislation rangers administer are:

• Dog Act

o Dog Attacks o Dogs Wandering o Dog Nuisance o Dog Registrations o Dog Impounding

• City of Bayswater Local Laws

o Parking Local Laws o Activities on Thoroughfares Local Laws o Property (Reserves) Local Laws o Dog Local Laws

• Litter Act

o Littering o Bill Posting o Dumping of Rubbish


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• Bush Fires Act

o Fire Management o Fire Break Inspections o Fire Prevention

• Control of Off-Road Vehicles Act

o Driving of Unlicenced Vehicles (Other than on a road) o Impounding

• Local Government Act

o Impounding of Abandoned Vehicles o Impounding of Materials o Livestock

Rangers also act as eyes on the street and report any illegal activity to police.

The City Ranger Services are located at 25 King Street. The office is open to the public Monday to Friday 8:30am to 5:00pm. Community Rangers are on duty from: 7:00am to 9:00pm Monday to Friday 9:00am to 5:00pm Saturday and Sunday

Comment

The Ranger Services Management Report is attached and reflects the work carried out by rangers throughout the month of May 2010.

Ranger Services has developed new methods of obtaining data and information using existing data systems, and is reviewing the reporting format to enable more detailed and aligned reporting.

The school parking program implemented by Council in April 2010 has seen a reduction in the number of schools calling in relation to parking problems. The City of Bayswater rangers monitor most schools for parking during pick-up and set-down times within the City over a scheduled period resulting in listed schools being monitored at least twice over a nine day period.

During May 2010, Hampton Primary, Hampton High School, Bayswater Primary School and Weld Street Primary School have been included in the patrol list after requests for parking control were received. The City now monitors 11 schools within the City ensuring that rangers attend at least two of the participating schools weekday mornings and afternoons.

Policy Implications

Nil.


Nil.


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Voting Requirements



That the Ranger Services Management Report for May 2010 be received.

Moved: Seconded:


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2.3 City of Bayswater Community Crime Prevention Forum Attachments: 1. List of Issues Identified

2. List of Identified Causes 3. Community Safety Forum Recommendations 4 Draft Risk Management Context, Criteria and Structure 5. Draft Prioritised Risk Register 6. List of Proposed Solutions

Officer: Acting Director Administration and Community Services

Application

1. To Provide Council with a report on the outcomes of the recent Community Safety Forum held by the City of Bayswater.

2. Confirm the draft documents relating to a Community Crime Prevention Plan. 3. Using the information collected develop a Community Crime Prevention Plan in

consultation with Council and stakeholders.

Background

In February 2009, residents and local businesses raised concerns about anti-social behaviour and community safety within the city. In March 2009, a public meeting was held to discuss this issue and seek a way forward. One of the outcomes of that meeting was to organise the Community Safety Forum that was held on 13 April 2010.

The forum used a planned approach in four (4) sessions held throughout the day. The four sessions of the forum were:

i. The Issues – Identifying and prioritising the issues we face.

ii. The Causes – Identifying the causes of the issues we have prioritised.

iii. The Solutions – Identifying and prioritising the solutions to the problems we face.

iv. The Partnership – Identifying what is being done and by whom, and identifying future opportunities for our community leaders and partners.

The intended outcomes of the forum were to:

• Identify the crime and community safety risks in the City of Bayswater.

• Prioritise the risks using crime data and information and measuring levels of fear of crime.

• Identify the causes of the risks.

• Identify possible solutions to deal with the causes of the risks.

• Identify potential partners in treating the risks using identified solutions.

• Prioritise the solutions.

The forum received representation from thirtyone (31) agencies and groups represented by fiftyfour (54) members of Government and Community based agencies, Police and Public Transport Authority, Neighbourhood Watch, residential and business community representatives.


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Prior to the forum the City of Bayswater Economic Development Officer consulted with the invited guests to obtain information as to the issues faced by the groups they represent. The City of Bayswater Security Service also carried out surveys in various locations across the City to obtain further feedback that included visitors and young people.

The collected information and crime statistics were presented to the forum for consideration during the process.

Session Outcomes

Session 1 The outcome of the first session (refer to Attachment No. 1) records the issues in order of priority to the forum for the purpose of focusing on those issues. The forum participants prioritised each issue based on perception of likelihood and consequence. The seven highest priorities were used on the next sessions.

All original issues identified will are included in the Risk Register and will considered as a part of the continual improvement process.

Session 2 During session two, participants were asked to identify the causes related to each of the priority issues identified. These were linked to each issue. For the purpose of reporting the causes are listed. (Refer to attachment No. 2).

This session was critical in providing information for the next session of identifying solutions that addressed the causes of each issue rather than solution that treated only the issue. Using an approach to treat issues rather than causes can often results in agencies providing responses the issues rather than solving the origins of the issues.

Session 3 Session three provided the opportunity to capitalise on the participants’ knowledge and experience in dealing with the issues. Participants were requested to identify solutions that were achievable and appropriate. These solutions where then prioritised into a list of preferred treatment options resulting in Community Safety Forum Recommendations (refer to Attachment No. 3). The treatments listed are for consideration and consultation with stakeholders. Session 4

Participants were asked to indicate if they were responsible for any existing programs and or if they would be prepared to participate or lead any of the proposed solutions. This provides the City of Bayswater with potential stakeholders to continue in the deployment of those recommendations. These resources are also listed in the Community Safety Forum Recommendations.

Comment

Community Crime Prevention Plan The opportunity now exists for the City of Bayswater to use this information to formulate a planned approach to community safety in a crime prevention context called a Community Crime Prevention Plan (CCPP).


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The steps to establish a CCCP are:

Step Outcome Timeframe / Progress

Identify the community Issues (Communicate / Consult with stakeholders)

Draft Crime Risk Register

Agreed Prioritised Risk Register.

April 2010 / 100%

July 2010 / 0%

Idenitfy strategies to deal with the issues. (Communicate / Consult with stakeholders)

Draft Risk Treatment Options list.

August 2010 / 50%

Identify Stakeholders and Partners in for the delivery of the identified stategies. (Communicate / Consult with stakeholders)

Crime Risk Management Plan including treatment options and responsibilities.

September 2010 / 50%

Agree on strategies. (Communicate / Consult with stakeholders)

Crime Risk Management Plan with agreed Action Plans, timeframes and measures.

October 2010 / 0%

Draft Community Crime Prevention Plan (CCPP) Provided to Community and Stakeholders for Comment.

Draft Community Crime Prevention Plan.

November 2010 / 0%

Final CCPP Council endorses CCPP

Delivery Partners endorse CCPP

December 2010 / 0% December 2010 / 0%

The City of Bayswater has an existing partnership with the WA Police that exists in the form of a Graffiti Management Plan also shared with the City of Stirling and the City of Wanneroo.

The WA Police has recently announced its new approach to Community Crime Prevention Planning through the Office of Crime Prevention. By following a crime prevention planning process the City will be able to determine the levels of risk that affects our community and prepare planned treatment options to address those risks.

The expected outcomes of a Community Safety and Crime Prevention Plan based on risk evidence are:

• Prioritised Risk Register (Identified Issues)

• Proposed solutions (Treatment Options)

• Process for prioritising treatment options.

• Agreed treatment options (based on treatment options called Action Plans).

• Measureable performance of Action Plans.


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Policy Implications

Nil.


Following the risk management process to develop a CCPP allows proposed treatment options to be prioritised for the purpose of budget consideration.

Voting Requirements



That:

1. The City of Bayswater Community Crime Prevention Forum Report be received.

2. Council supports the development of a Community Crime Prevention Plan using the draft documents from the Community Crime Prevention Forum as a basis.

3. The draft Community Crime Prevention Plan be referred to Council for further consideration.

Moved: Seconded:


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2.4 Annual Leave – Chief Executive Officer Officer: Chief Executive Officer

Application

The Chief Executive Officer Ms Francesca Lefante, requests Council approval to take annual leave for the period 27 September 2010 to 6 October 2010, inclusive.

Comment

In accordance with the Local Government Act 1995, there is a need for a Director to act in the capacity of Chief Executive Officer to sign legal documents, co-ordinate the Senior Management Group and perform any of the Chief Executive Officer’s duties while she is on annual leave. It is proposed for the period 27 September 2010 to 6 October 2010, inclusive, the Director of Finance, Mr Ted Budzinski, be authorised to act in the capacity of Acting Chief Executive Officer.

Policy Implications

Nil.


Nil.

Voting Requirements



That:

1. Approval be given for the Chief Executive Officer to take the following leave:

• 8 days annual leave from 27 September 2010 to 6 October 2010, inclusive; and

2. The Director of Finance, Mr Ted Budzinski, be authorised by Council to act in the capacity of Acting Chief Executive Officer during the period 27 September 2010 to 6 October 2010.

Moved: Seconded:


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2.5 Annual General Meeting of Electors : 7 December 2009 Attachments: Item 11.2.5 Annual General Meeting of Electors – 7.12.09 Officer: Chief Executive Officer

Application

To consider: 1. The resolutions from the Annual General Electors Meeting held on

7 December 2009; and 2. The outcomes of the discussions at the workshop held on 8 May 2010.

Background

At the Ordinary Council Meeting held on 10 November 2009, Council resolved, in part, that: “1. The Annual Report and Financial Statements as at 30 June 2009 be adopted.

2. The 2009 Annual General Meeting of Electors, as required under the Local Government Act 1995, be held at the City of Bayswater Civic Centre on 7 December 2009, commencing at 7:30pm.”

At the Annual General Electors Meeting held on 7 December 2009, a number of issues were raised by the Electors, and four motions were moved. Council at its meeting 2 February 2010 considered the four resolutions (refer attachment) and resolved that: “1. Council notes all four (4) Annual Electors Motions.

2. Points 2, 3 and 4 (of the original Officers recommendation) be referred to a workshop for further detailed discussion, following which a further report be presented to Council.”

Legislative Provision The Local Government Act 1995 Section 5.32 requires the Chief Executive Officer to cause minutes of the proceedings at an Electors meeting to be kept and preserved and to ensure that copies of the minutes are made available for inspection by members of the public before the Council meeting at which decisions at the Electors meeting are first considered. The Local Government Act 1995 Section 5.33 requires that any decisions made at an Electors meeting be considered at the next Ordinary Council meeting or, if that is not practicable at the first Ordinary Council meeting after that or at a Special Council meeting called for that purpose.


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In accordance with Section 5.53 of the Local Government Act 1995 the Annual Report is to contain an overview of the plan for the future of the district including major initiatives that are proposed to commence or to continue in the next financial year. Comments The City conducted a Councillor workshop on 8 May 2010, as which the motions of the AGM were discussed. With regard to the four motions carried at the AGM the following is relevant. AGM - Motion 1 Mrs Pat Lim moved and Cr Terry Blanchard seconded the following:

“That electors’ present accept the 2008/2009 City of Bayswater Annual Report and Financial Statements.”

There was no opposition to the main content of the 2007/2008 Annual Report. AGM - Motion 2 Mrs Pat Lim moved and Ms Joanne Brabazon seconded the following:

“That Council consider the following: 1. Because Mr Ian McClelland has breached the rules of the Local

Government Act 1995 regarding the handling of postal votes during the 2007 Local Government Election, been fined $500;

2. Mr Ian McClelland also had his status of Justice of the Peace firstly revoked from him by the Attorney General, Mr Porter and secondly then followed by an appeal to the Supreme Court by Mr Ian McClelland, where the Supreme Court again refused the reinstatement of his position of Justice of the Peace. That this Council remove forthwith his status of Freeman of the City;

3. The Freeman of the City status which is the highest award a person can receive in Local Government be removed from Mr McClelland in perpetuity and never awarded to firstly or retrospectively any other person who commits an unlawful offence, is fined, receives a jail status through the Courts, found guilty of an offence through the Corruption and Crime Commission, or found unfit to hold the status of a Justice of the Peace. The above Acts are in relation to the Local Government Act and the Corruption and Crime Commission Act respectively and by the powers given to the Attorney General.

4. Mr Mayor, if this motion cannot be passed at this meeting then my motion is to go to the next meeting of Council so it can be attended to in the light of the seriousness of the unbecoming and inappropriate behaviour of Mr McClelland and the final decision made by the Supreme Court against Mr McClelland in November 2009.”


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Council’s Policy EO-P15 outlines the specific criteria for nominations conferring the title of ‘Honorary Freeman’. It is noted that under Spent Convictions Act 1988 it would be unlawful for Council to remove this title from Mr McClelland, on the basis of a spent conviction.

The following comments were raised at the council workshop in relation to this motion:-

• It is not appropriate to remove Freeman status to Ian McClelland

• Ian McClelland contributed to Council for over 23 years;

• Freeman Policy should be reviewed to include Code of Conduct and behaviour expectations which are clear and specific.

AGM - Motion 3 Mr Tony Green moved and Mrs Pat Lim seconded the following:

“That the following policy be added by Council to be included in the City of Bayswater Policy Manual: A Councillor shall not be permitted to attend a conference in the six (6) months prior to their term of office expiring.”

It is for Council to consider whether restricting the times for which conferences may be attended by any Elected Member that is up for re-election. Elected Members have an obligation to perform their duties for the whole of their elected term, which may include attending conferences and events. The following comments were raised at the Council workshop in relation to this motion:-

• Councillors are required to fulfil their duties for the duration of their elected term; • Councillor attendance at a conference includes consideration of availability and

suitability; and • Councillors attendance provides increase knowledge and understanding of specific

matters, which is beneficial to their role in making decisions.

AGM - Motion 4 Mr Tony Green moved and Mr Tony Anstee seconded the following:

“That the following Policy be considered by Council to be added to the City of Bayswater Policy Manual: 1. Any Elected Member who attends a conference must then, within ten

(10) working days of returning from it, submit a report on it to the Chief Executive Officer, who will then immediately circulate it to all Elected Members. The Chief Executive Officer will be responsible for archiving the report.

2. That a report be presented to Council stating the business case of the conference attended, fully disclosing the cost of attendance and the benefit of the attendance to the City of Bayswater and its ratepayers.

3. That this report be included on the City of Bayswater’s website.”


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Should Council concur with the motion, a review of Policy No. EO-P22 will be undertaken and a further report presented to Council for consideration. The following comments were raised at the Council workshop in relation to this motion:-

• There is value in presenting a Conference Report to Council although the time frame should be more given other committments;

• The inclusion of a business case post the event is not considered relevant; • The report should be jointly written by both the officer and Councillor; and • Any reports that go to Council, appear on the website as part of the agenda.

In accordance with Section 5.33(2) of the Local Government Act 1995 Council is required to consider motions as stipulated by the Annual General Electors Meeting dated 7 December 2009, and record all decisions in the minutes of the Council Meeting. In accordance with the Local Government Act 1995 Sections 5.32 and 5.33 there is no requirement for the minutes of an Annual Electors Meeting to be confirmed.

Policy Implications

Should Council resolve to accept the Annual General Electors Meeting recommendation two, consideration of Policy EO-P15 will be required. Should Council resolve to accept the Annual General Electors Meeting recommendations three and four, a review of Policy No. EO-P22 will be required.


Nil.

Voting Requirements



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That in accordance with Section 5.33 of the Local Government Act 1995 :-

1. The Annual General Electors Meeting (AGEM) - Resolution 1 – which states “That electors’ present accept the 2008/2009 City of Bayswater Annual Report and Financial Statements” is noted.

2. The Annual General Electors Meeting (AGEM) - Resolution 2 - to remove the Freeman of the City status of Mr Ian McClelland is not supported given the provisions of the Spent Convictions Act 1988.

3. Council pursue a review of Freeman Policy No. EO-P22, provisions in relation to expected code of conduct standards of a Freeman.

4. The Annual General Electors Meeting (AGEM) Resolution 3 – “limiting Councillor attendance at a conference in the six (6) months prior to their term of office expiring” – not be supported on the basis that the Elected Members have an obligation to perform their duties for the whole of their elected term, which may include attending conferences and events.

5. The Annual General Electors Meeting (AGEM) - Resolution 4 regarding the requirement to submit a Conference Report is noted.

6. Council review policy EO-P22 and submit a report for further Council consideration on the extent and timeframes to be included in conference reporting.

Moved: Seconded:


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2.6 City of Bayswater Annual Art Awards Attachments: 1. MOU – City of Bayswater & Hawaiian Investment

Group 2. MOU - City of Bayswater & Bayswater Art Society 3. Art Awards and Exhibition Entry Form

Officer: Acting Director of Administration and Community Services

Application

1. To provide Council with information on the proposed Art Awards event to be held at Noranda Shopping Village on Monday, 20 September 2010 to Saturday, 25 September 2010.

2. To seek approval for the opening ceremony of the City of Bayswater Art Awards

on Monday, 20 September 2010 at the Noranda Shopping Village.

Background

The City of Bayswater Art Awards are held annually at Noranda Shopping Village to provide an opportunity for local artists to participate in a professionally presented event and allow the wider community to enjoy the exhibited pieces of art. The City of Bayswater Art Awards are managed by the City in conjunction with the Bayswater Art Society and the Hawaiian Management Group. A Memorandum of Understanding is drafted between the City of Bayswater, Hawaiian Management Group (Refer to Attachment No. 1) and Bayswater Art Society (Refer to Attachment No. 2). The event has been run in conjunction with Bayswater Art Society for over thirty (30) years and has traditionally been held in the first week of October. In 2009, the event attracted 120 entries from across the metropolitan area. The Bayswater Art Society provides volunteers for the duration of the week long event and assists in the judging of the ‘peoples choice award’. The local community are engaged by contributing pieces of art for inclusion in the exhibition, which is available for wider community viewing and enjoyment throughout the week long event. The event recognises local community artistic talent through a series of category awards, including a main acquisition prize of $5,000. The City’s budget allocation is $24,000. In addition, the Hawaiian Management Group (who manage Noranda Shopping Village) also contributes $10,000 toward the event. A professional curator is used by the City to assist in the artistic presentation of the exhibition and judging of award categories. The Awards have an official opening ceremony promoted by the City of Bayswater and hosted at Noranda Shopping Village by Hawaiian Management Group.


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The opening ceremony is scheduled for the evening of Monday, 20 September 2010 at Noranda Shopping Village. Invitees include all participating artists, His Worship the Mayor, City of Bayswater Councillors, City of Bayswater Executive Managers, City of Bayswater VIP’s and Hawaiian Management Group Executives. At the commencement of the opening ceremony the award curator conducts a tour of entries with Councillors and executive guests highlighting works demonstrating artistic merit. The exhibition remains open to the wider public for viewing during business hours of the Noranda Shopping Village for the period Monday, 20 September to Saturday, 25 September 2010. The event is advertised in the community newspaper, The Artist Chronicle Magazine, flyers distributed around the City, City of Bayswater Website and entry forms mailed to past participants database.

Comment

The City of Bayswater Art Awards consistently achieves the maximum number of entries possible into the exhibition, which is determined by the amount of display space available, (around 150 entry places are available for the 2010 event). (Refer to Attachment No. 3). The event is well received by the art community, Hawaiian Management Group and the customers of the Noranda Shopping Village, and the wider community visiting the exhibition. It is proposed to run the 2010 event from Monday, 20 September to Saturday, 25 September 2010. The date change has been requested by the Hawaiian Management Group who are unable to host the opening ceremony in October due to existing commitments.


1. $24,000 is listed for consideration in the 2010/ 11 Budget. 2. Hawaiian Management Group contributes $10,000 to the event, which provides for

the display infrastructure, event advertising, staging and audio for the opening ceremony.

Voting Requirements



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That:

1. Council approve the City of Bayswater Art Awards to be held at Noranda Shopping Village from Monday 20 September 2010 to Saturday 25 September 2010.

2. Council approve the opening ceremony of the City of Bayswater Art Awards to be held at Noranda Shopping Village on Monday 20 September 2010, 7:00pm to 8:30pm.

Moved: Seconded:


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2.7 Rotary Club of Morley Community Fair October 2011 Officer: A/Director of Administration and Community Services

Application

To provide Council with:

1. An update on the proposal received from the Rotary Club of Morley to stage an annual Bayswater Community Fair at the Bayswater Riverside Gardens.

2. Details on the future arrangements for the event.

Background

Council, at its Ordinary meeting held on 25 May 2010, considered a request from the Rotary Club of Morley to stage a Community Fair as a fundraising event within the City. Council resolved:

That: 1. The information as contained within the Bayswater Community Fair

Proposal – Rotary Club of Morley be received. 2. Officers advise the Rotary Club of Morley that the event will require further

investigation to ascertain budget requirements and the impact this event may have with existing events conducted by the City.

3. Officers to provide a report to Council in June to detail the financial implications and the impact that proposed Bayswater Community Fair event may have on other events conducted by the City of Bayswater (eg Autumn River Festival).

The City has since met with Rotary Club Morley Representative, Marcus Pobjoy, to discuss staging the Bayswater Community Fair. Mr Pobjoy advised that the Community Fair would be held in October each year at the Riverside Gardens as a fundraising opportunity promoted by the Rotary Club of Morley. The event would be themed around family fun and consist of craft stalls, food, music and other entertainment, and would have a similar style to the successful Hyde Park Community Fair.

Comment

The City holds a number of events within the month of October, including:

• The North of Perth Music Festival Winners Concert at the Morley Sport and Recreation Centre Wellington Room;

• The annual Charity Golf Day at Maylands Peninsula Golf Course; • The Early Settlers Event,; and • Bayswater Waves Family Fun Day

None of these events would clash with or detract from the proposed Community Fair.


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The Rotary Club of Morley representative has discussed the proposed Community Fair in detail with his event organising committee and has since advised that Rotary proposes to hold the first event in mid to late October 2011, ( to allow for sufficient planning and lead in time). Riverside Gardens has been selected as their preferred location, with an anticipated attendance of approximately 2000 people throughout the day. The Community Fair would run from 9:30am to 5:00pm in a fenced-off area of the reserve. A gold coin donation would be requested as an entry to the event, but would not be compulsory. The proposed event will consist of art and craft stalls, a variety of food vendors, musical entertainment throughout the day, children’s activities, roving entertainment and family rides The Rotary Club of Morley has requested the following support from the City:

• Financial donation of $7500 toward the provision of family orientated entertainment.

• Provision of waste facilities by way of twenty (20) wheelie bins and one (1) bulk bin, plus the provision of compliance checks on the day undertaken by environmental health. (Estimated value of $1,000).

• Assistance from officers through the provision of advice and expertise - especially in the areas of traffic and risk management, site acquisition and layout.

• Advice and assistance with legislative compliance surrounding food handling, electrical safety, stage, sound and marquee provision.

Rotary committee members have been invited to attend the Avon Descent and the Autumn River Festival events so that they can be briefed on the ‘set up’ procedures for events held at Riverside Gardens. This proposal represents excellent value for money and the event would add value to the City’s events programme.


1. A donation of $8,500 to be considered as part of the 2011/12 budget.

2. Provision of waste facilities to the value of $1,000, (to be considered as part of the 2011/12 budget).

3. Staff resources to assist with health compliance and event promotion for the Rotary

Community Fair event

Voting Requirements



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That:

1. The information as contained within the Bayswater Community Fair Proposal – Rotary Club of Morley be received.

2. Council note the Rotary Club of Morley proposes to hold the first Bayswater Community Fair in October 2011.

3. Council approve the proposed Bayswater Community Fair to be promoted by the Rotary Club of Morley at Riverside Gardens in October 2011, and the allocation of staff resources to provide the Rotary Club of Morley with event advice and expertise.

4. Council list a budget allocation of $10,000 for consideration in the 2011/12 budget representing a donation of $7,500 to the Rotary Club of Morley, the provision of waste facilities and the provision of environmental staff resources for the proposed Rotary Community Fair in October 2011.

Moved: Seconded:


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2.8 YouthCARE Chaplaincy Service Attachments: 1. YouthCARE – Morley District Letter

2. YouthCARE - Maylands District Letter Officer: Acting Director of Administration and Community

Services

Application

To advise Council of the request received from Youth CARE for additional funding in the 2010/11 budget for the School Chaplaincy Service.

Background

Council has contributed funding for the YouthCARE School Chaplaincy programme since 2001. This funding has increased from $10,000 in 2001/02 to $24,420 in 2009/10, as follows:

• 2001/02 to 2003/04 $10,000 • 2004/05 to 2007/08 $20,000 • 2008/09 $24,200 • 2009/10 $24,420

The City has received a request from YouthCARE Morley (refer Attachment No. 1) and YouthCARE Maylands (refer Attachment No. 2) for funding for their School Chaplaincy Service of $29,140 and $2,700 respectively, ($31,840 in total). This represents an increase of $7,420 or 30.38% on the funding provided in 2009/10. The increase in funding has been requested to cover a shortfall in their budget to provide the service and allow a CPI increase of 2.1%.

Comment:

The City’s contribution has assisted YouthCARE to expand the services provided to support students and their families. Currently, YouthCARE has seven chaplains who work with around 4,000 students in local schools, including:

• Hampton Senior High School; • John Forrest Senior High School; • Morley Senior High School; • Anzac Terrace Primary School; and • Maylands Peninsula Primary school.

The chaplains provide a range of inclusive services that support students - irrespective of race, creed or religion. These services include: counselling, support to their families, development of social and life skills, as well as pastoral care. The Federal Government provides $42.8 million in funding to extend the National School Chaplaincy Service programme until the end of 2011. This funding is insufficient to maintain YouthCARE’s school chaplaincy service and the City’s funding is needed to keep the service at its current level. Should Council wish to continue its support of the YouthCARE service, the draft 2010/11 budget has provisionally identified $32,000 for this purpose.


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Given the level of funding requested, Council may wish to require that a quarterly report from YouthCARE be provided detailing:

- the type of services delivered and the benefits to the community; - numbers and demographics of the participants receiving the service; and - schools participating in the programme.

Policy Implications

Nil.


$29,000

Voting Requirements


Officer’s Recommendation

That:

1. Council support the allocation of $31,140 in the 2010/11 budget for the YouthCARE Chaplaincy service, to be allocated as follows:

a) YouthCARE Morley $29,300

b) YouthCARE Maylands $2,700

2. That YouthCARE be advised that as a condition of receiving the funding, YouthCARE provide a quarterly report to Council detailing:

a) the type of services provided by the chaplains and the benefits to the community;

b) the number and ages of the students receiving the service; and

c) the schools participating in the programme Moved: Seconded:


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2.9 City of Bayswater Volunteer Function –Event Debrief Attachments: 1. Volunteer Award Recipients Officer: Acting Director of Administration and Community

Services

Application

To brief Council about the annual National Volunteer Week Function held for the City’s Volunteers on Tuesday, 11 May 2010.

Background

The City currently has 216 volunteers which are assigned to various council programmes. To recognise the valuable contribution that volunteers make to the community, the City hosts several functions to acknowledge the individual achievements of our volunteers. In February 2010, Council resolved to conduct three Volunteer Functions each year: • One informal function held during National Volunteers Week (all volunteers are

invited). • Two formal functions held around International Thank a Volunteer Day (volunteers

can invite their partner however volunteers may only attend one formal function each year).

In March 2010, Council supported an increase to the Volunteer Function budget to accommodate the increased number of functions. The amount of $38,000 has been included in the 2010/11 draft budget.

Comment

Approximately 140 guests attended the Volunteer Function which was held at the Civic Centre on Tuesday, 11 May 2010. Feedback from the City’s volunteers suggest that the function was of great success. His Worship the Mayor presented Service Award Badges to those volunteers who had celebrated 15, 25 and 30 years of volunteering with the City of Bayswater (refer to Attachment No. 1). Special recognition was given to Mr Frank Giannini for thirty years of service. The following feedback on the volunteer function has been received by the City: • Great opportunity to meet other volunteers from a variety of services. • Abundant amount of finger food” and “red wine of excellent quality. • Venue was good. • Presentation segment was the best. • More chairs and tables to be made available. • A photo/video presentation of our volunteers at work on a large screen. • Catering requirements be requested on the invitation to cater for those who have

allergies or intolerances. • A small number of our older volunteers requested that next year the function be held

either at morning or afternoon tea time to avoid coming out at night as they find it hard to drive or do not have means of transport to attend in the evening.


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Two formal Volunteer Functions have been scheduled for 30 November 2010 and 1 December 2010 at the Morley Sport and Recreation Centre.

Policy Implications

Nil.


The budget for the event was $10,000. The function held in May 2010 was conducted within budget at a cost of $7,164.

Voting Requirements



That the information as contained within the City of Bayswater Volunteer Function Event Debrief be received.

Moved: Seconded:


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2.10 Strutt Reserve Noranda – Campania Association and Parking Matters Attachments: 1. Car Parking, Strutt Reserve Noranda

2. Aerial Photograph - Strutt Reserve Noranda Officer: A/Director of Administration and Community Services Refer: Item 11.3 : OCM : 14/04/2009

Application

To provide Council with an update on Strutt Reserve / Campania Association.

Background

At its Ordinary Meeting held on 14 April 2009, Council resolved: “That: 1. Council actively seek a more appropriate location for the Campania Association

and that the use of Strutt Way Reserve facility by the Association will be terminated when the Campania Association is relocated to a more appropriate location.

2. Council write to the Campania Association advising that they have breached the conditions outlined in the Policy RC-P06, requesting a written response on how the Association will be managing and addressing the key issues identified by the residents, those being:

• Late finish times outside Policy RC-P06; • Excessive noise in carpark when members are leaving; and • Inappropriate parking on residential verges and on Stewart Way. • And should another breach of Policy RC-P06 occur, this matter will be

referred back to Council for further consideration.” There was a great deal of Council discussion regarding the complaints received by residents with regards to the Campania Association’s usage of the Strutt Way Reserve facility. Council resolved to terminate the use of this facility by the Campania Association once an appropriate replacement site has been identified. Officers had undertaken an investigation of buildings that may be suitable to relocate the Campania Association, however the Campania Association strongly indicated its preference to be relocated to a ‘sole used facility’. As such, no appropriate location has been identified.

Comment

Campania Association members have raised the possibility of remaining at Strutt Reserve and remedy the residential concerns / issues caused by noise and parking by constructing a new car parking area in front of the facility. Council may wish to reconsider the Campania Association’s tenure at the facility given no appropriate alternative location has been identified and its recent request to remain at the facility or alternatively the Council may proceed to cease the Association’s tenure at the facility.


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Should Council determine that the Association remains at Strutt Reserve, the concerns of local residents will need to be addressed. The proposed new car park would be located on Strutt Reserve, next to the facility with access from Stirling Court. The new car park location will maximise the facility and the surrounding landscape will act as a noise buffer. This will minimise noise when members leave and minimise inappropriate parking on residential verges, (the main concerns raised by residents). In addition the carpark location will maximise the reserves current lighting framework, provide sufficient parking and improve access to the facility for all users. An aerial photograph of Strutt Reserve Noranda and a map of the proposed car park location map is attached. (Refer Attachment No’s 1 & 2). Officers estimate that the new carpark facility would cost approximately $60,000 and that an allocation be considered in the draft 2010/11 budget. Officers suggest that the current pathway from the building to Stewart Way should be removed and the area reinstated to bushland to discourage future parking along Stewart Way. All paved access to the building should be via the new proposed carpark. Council may note that currently $20,000 has been carried forward for the upgrade of the kitchen from 2008/09, with Building Services also investigating the upgrade of the changerooms. Additional funding maybe required to complete the upgrade of the kitchen and changeroom facilities to meet the current Building Code Australia. The Campania Association has expressed its approval of a proposed car park location and possible funding for the coming financial year. The Club President believes that 24 bays would not be enough and 30 should be the minimum consideration including 2 disabled car parking bays. The Campania Association would also welcome any proposed kitchen upgrades and would favourably consider a lease arrangement for the building. Should Council wish to progress with the proposed carpark, the City’s officers would seek to commence lease negotiations between the City and the Campania Association for the lease of the building located on Strutt Way Reserve based on the standard lease agreement previously adopted by Council.

However, given the high level of residential concern over the future use of Strutt Reserve, officers would first suggest that consultation be undertaken with surrounding residents on the following matters:

1. Proposed additional carparking facilities and the location of such facilities. 2. Proposed facility upgrades. 3. Proposed lease to Campania Association to use Strutt Reserve

Policy Implications

RC- P06 – Use of Strutt Way Reserve and the Building on that Reserve.


$60,000 for the construction of a proposed car park at Strutt Way Reserve has been listed for consideration in the draft 2010/11 budget.


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$20,000 to upgrade the kitchen facilities has been listed as a carried forward item in the 2010/11 draft budget. It is recommended that these budget allocations be subject to Council’s review of the public consultation outcomes.

Voting Requirements



That Council:

1. Authorise the City’s officers to undertaken consultation with residents surrounding Strutt Reserve on the matters below and report back to Council on the consultation outcomes:

a) Proposed lease to Campania Association to use Strutt Reserve;

b) Proposed facility upgrades; and

c) Proposed additional car-parking facilities and the location of such facilities.

Moved: Seconded:


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2.11 Russian Social Club of WA Inc – Request for Space Maylands Library Attachments: Correspondence - Russian Social Club of WA Inc Officer: Acting Director of Administration and Community

Services

Application

To consider a request from the Russian Social Club of WA Inc, to allocate space in the new Maylands Public Library to house their private Russian language collection.

Background

The Russian Social Club of WA wrote to the City of Bayswater in April 2010 requesting that space be made available in the new Maylands Public Library to house a Russian language collection (refer to Attachment). Since 2001, this collection has been housed in a small anti-room adjoining the stage area of the Maylands Library. No records could be located indicating that the decision to provide space was a result of a formal direction from Council. The collection’s holdings are not linked or in anyway associated with the Maylands Library’s collection. Volunteers from the Russian community undertake all tasks associated with the collection using software installed on their own PC. The Maylands Branch Librarian has advised that the collection receives less than thirty five (35) patron visits per week and is available to members of the Russian community for approximately five (5) hours per week. Housing the Russian and similar collection in the City’s Libraries has several implications:

Statutory and legal considerations Due to items being written or spoken in Russian, the City’s librarians are unable to assess the suitability of items held in the Russian collection. This is a concern as the City’s librarians are unable to ascertain if the content of items contravenes state and federal statutes. All other non-English language items held by the City’s libraries are vetted and catalogued by the State Library Service. The majority of items in languages other than English held in WA public libraries are supplied in this way. A small number of public libraries acquire stock to augment material supplied by the State, but none maintain their own collections. These libraries have staff members with the necessary language and professions skills to assess these acquisitions. Regardless of who owns or manages the contents of a collection, the City will be deemed liable if any item held within one of their libraries is found to contravene a state or federal statute. It is important therefore, that Council or State Library officers assess all items acquired and that all items are owned by the City or the State Government. All items not purchased need to be passed into the ownership of City and be assessed for inclusion in the collection using selection criteria set out in Policy No. LB-P07 Libraries – Donations.


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Social neutrality An important consideration in locating community owned, culturally specific collections in libraries is the impact these collections will have on the need for public libraries to be perceived as places that are politically, socially and culturally neutral. To-date, the location of the Russian collection in the rear anti-room has obscured its existence and purpose. The open plan nature of the new library will change this, as the collection would need to be housed in the Library’s main public area. Its location will increase the visibility of both the collection and the activities of the volunteers engaged in managing the collection. Given the cultural and religious diversity of the Maylands community, some residents may consider our support for a specific cultural group inappropriate. Logistical considerations The shelving currently used by the Russian Social Club to house their collection is a mismatch of warehouse style steel shelving. This shelving is aesthetically and in design terms inappropriate for use in a public library. To adequately house the collection in any of the City’s libraries will require the purchase of an additional twenty two (22) bays of library shelving at an estimated cost of $6,500 (ex GST) and the location of 45 to 50 square metres of space. Additional space would also be needed to store boxes of un-shelved stock and a desk. The shelving bays that can be comfortably installed in the new library are only sufficient to hold the Library’s own collection. The additional bays required for the Russian collection would have to be located in an area assigned as a sitting/reading area. Space for this purpose in the new Library is already very limited. These spaces are an essential component of a successful service model for contemporary public libraries.

Comment

The pros and cons of granting the request from the Russian Social Club of WA have been carefully considered by officers. The inability of the City’s librarians to assess the contents of items not written or spoken in English and not supplied by the State Library Service exposes the City to being held responsible for the dissemination of inappropriate or illegal material. The focus on this issue has highlighted the risks and difficulties involved in acquiring and assessing both individual items and collections that are not owned by Council or the State Government. Although the current policy for the acceptance of donations covers most contingencies, it needs to be broadened to include the donation of large collections. The housing of the Russian collection in main area of the new library will impact on the space available for other purposes. This will have a negative impact on the amenity of other library patrons and potentially harm the library’s image as a neutral and inclusive place. Although the granting of the request would benefit the small number of individuals that use the Russian collection, it will have a larger negative impact on the overwhelming majority of patrons using the new library. The group providing the Russian collection see their collection as an important resource for their community members. Unfortunately the City’s Libraries are not the appropriate place to house this collection in its current format.


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Policy Implications

Policy No. LB-P07 Libraries – Donations.


Installation of additional shelving, estimated cost $6,500.

Voting Requirements



That:

1. The request from the Russian Social Club of WA to have space allocated in the proposed Maylands Public Library not be granted.

2. The Russian Social Club of WA be informed of this decision and be offered assistance in finding a suitable alternative venue for their collection.

3. The Manager Library Services review Policy No. LB-P07 Libraries – Donations and include draft criteria that provide clear guidelines for officers assessing the acquisition of private collections and items in languages other than English.

Moved: Seconded:


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3 CONFIDENTIAL ITEMS

3.1 Planning and Development Services

3.1.1 Status Report - Planning Complaints/Zoning Breaches

Attachments: Status Report – Planning Compliance Officer: Director of Planning and Development Services

CONFIDENTIAL ITEM

Application

To advise Council of the status of unauthorised planning activities within the City.

In accordance with Section 5.23(2) of the Local Government Act 1995, the meeting is closed to members of the public for this item as the following sub-section applied:

(b) The personal affairs of any person. Voting Requirements Simple Majority Required.


That the recommendation as contained in the attached "Confidential" Report be adopted.

Moved: Seconded:


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3.1.2 Proposed Lease - Bayswater Community Financial Services Ltd

Location: Lot 39, No 14 King William Street, Bayswater Attachment: Report: Proposed Lease - Bayswater Community

Financial Services Ltd Applicant: Bayswater Community Financial Services (BCFS) Owner: City of Bayswater Officer: Director of Planning and Development Services Refer: Item 16.1.3: OCM 23.02.2010

Item 14.3: OCM 28.10.2008

CONFIDENTIAL ITEM

Application

In accordance with Section 5.23(2) of the Local Government Act 1995, the meeting is closed to members of the public for this item as the following sub-section applied: (c) A contract entered into, or which may be entered into, by the local government and

which relates to a matter to be discussed at the meeting.



Moved: Seconded:


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3.1.3 Retaining Wall

Location: Lot 106, No. 11 Hollister Way, Noranda Owner: G. & S. Sparta Officer: Director of Planning and Development Services Refer: Item 14:28: OCM 26.08.2008

CONFIDENTIAL ITEM

Application

1. To brief Council on the outcome of an order issued by the State Administrative Tribunal relating to an appeal against a notice served by the City on the owners of Lot 106, No. 11 Hollister Way, Noranda.

2. To seek Council approval to engage the services of a independent structural engineer report on the structural adequacy of the existing brick retaining wall located between No’s 11 and 13 Hollister Way, Noranda.

In accordance with Section 5.23(2) of the Local Government Act 1995, the meeting is closed to members of the public for this item as the following sub-section applied:

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

Voting Requirements




Moved: Seconded:


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3.2 Administration and Community Services Nil.


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4 LATE ITEMS


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AGENDA - City of Bayswater · AGENDA . FOR THE . PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION...

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