CITY OF BAYSWATER AGENDA · CITY OF BAYSWATER AGENDA FOR THE ORDINARY MEETING ... 6 DISCLOSURE OF...

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CITY OF BAYSWATER AGENDA FOR THE ORDINARY MEETING OF COUNCIL 22 November 2011

Transcript of CITY OF BAYSWATER AGENDA · CITY OF BAYSWATER AGENDA FOR THE ORDINARY MEETING ... 6 DISCLOSURE OF...

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CITY OF BAYSWATER

AGENDA

FOR THE

ORDINARY MEETING

OF COUNCIL

22 November 2011

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TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 OFFICIAL OPENING .............................................................................................1

2 RECORD OF ATTENDANCE, APOLOGIES, ABSENCE AND LEAVE OF ABSENCE (PREVIOUSLY APPROVED)......................................................1

2.1 Attendance, Apologies and Absence 1

2.2 Leave of Absence (Previously Approved) 1

3 PUBLIC QUESTION TIME ...................................................................................1

4 APPLICATIONS FOR LEAVE OF ABSENCE ...................................................2

5 CONFIRMATION OF MINUTES .........................................................................2

5.1 Special Meeting: 31 October 2011 2

5.2 Ordinary Meeting: 1 November 2011 2

5.3 Special Meeting: 8 November 2011 2

6 DISCLOSURE OF INTEREST SUMMARY ........................................................2

6.1 Disclosures at Planning and Development Services & Administration and Community Services Committee 2

6.2 Disclosures at Technical Services and Finance & Personnel Committee 3

6.3 Disclosures at Ordinary Council Meeting 3

7 URGENT BUSINESS...............................................................................................4

8 PETITIONS...............................................................................................................4

9 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN .................4

9.1 Notice of Motion - Mayor Terry Kenyon, JP - Review of Les Hansman Community Centre Site 4

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10 NOTICE OF MOTION FOR CONSIDERATION AT THE FOLLOWING MEETING IF GIVEN DURING THE MEETING...............................................4

11 BUSINESS - PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES COMMITTEE...........5

11.1 Planning and Development Services 11

11.1.1 Council Ratification of Planning Determinations under Delegated Authority 11

11.1.2 Subdivision and Amalgamation Responses under Delegated Authority 12

11.1.3 Building Licences Issued under City’s Policy for Single Residential Development 13

11.1.4 Proposed Alterations and Additions to Existing Two (2) Storey Single House Location: Lot 11, No. 55 Clarkson Road, Maylands 14

CR SONIA TURKINGTON DECLARED AN IMPARTIAL INTEREST 14

11.1.5 Proposed Single Storey Single House Location: Lot 2, No. 37 Guildford Road, Mount Lawley 21

11.1.6 Proposed Additional Two (2) Storey Grouped Dwelling Location: Lot 12, No. 55 Queen Street, Bayswater 29

11.1.7 Proposed Transportable Office at Bayswater Police Station Location: Reserve 35891, Nos. 75-77 Whatley Crescent, Bayswater 36

11.1.8 Proposed Two (2) Storey Additions to Two (2) Existing Warehouses Location: Lots 76 and 77, Nos. 9-11 Moojebing Street, Bayswater 39

11.1.9 Proposed Additional Aged Care Building to Existing Aged Care Facility Location: Lot 4, No. 482 Guildford Road, Bayswater, Reserve 41792 and Lot 3206, No.37 Newton Street, Bayswater 45

11.1.10 Proposed 19 Unit Motel Location: Lot 801, Nos. 10-14 Rose Avenue, Bayswater 51

11.1.11 Rio Tinto Echo 2 Office Building Major Development Plan, Perth Airport Location: Perth Airport 66

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11.1.12 Amendment No. 56 to Town Planning Scheme No. 24 69

11.1.13 Draft Amended State Planning Policy 5.1 Land Use Planning in the Vicinity of Perth Airport 74

11.2 Administration and Community Services 78

11.2.1 Aquatic Facilities Management Report- October 2011 78

11.2.2 City of Bayswater Rangers Services Report – October 2011 83

11.2.3 Management Report - The RISE - October 2011 85

11.2.4 The RISE Community Office Space 87

11.2.5 Avon Descent Liaison Committee 92 ABSOLUTE MAJORITY REQUIRED. 93

11.2.6 Centro Galleria Authorisation of Honorary Parking Inspectors 96

11.2.7 City of Bayswater Council Meeting Schedule 2012 99

11.2.8 Circus Application 101

11.2.9 Draft Annual Report and Annual General Meeting of Electors 106 ABSOLUTE MAJORITY REQUIRED. 107

11.2.10 Annual Leave - Chief Executive Officer 109 MR DES ABEL DECLARED A FINANCIAL INTEREST 109 MS FRANCESCA LEFANTE DECLARED AN IMPARTIAL INTEREST 109

11.2.11 Kidsport Funding Request 111

11.3 Reports of Management/Advisory Committees 114

11.3.1 Changes They've Seen Working Party - 7 November 2011 114 11.3.1.1 "Changes They've Seen" – Status Report 114

11.3.2 Disability Access and Inclusion Plan (DAIP) Advisory Committee - 4 October 2011 116 11.3.2.1 Outstanding Business Items Report 116 11.3.2.2 Minutes from Disability Access and Inclusion Plan

(DAIP) Interdepartmental Committee Meeting Report 118

11.3.2.3 You're Welcome WA Access Initiative Funded Project Report 119

11.3.2.4 General Information on New Initiatives Report 120 11.3.2.5 Creating Accessible Communities Pamphlet

Feedback Status Report 122 11.3.2.6 Late Item - 2012 - 2013 DAIP Committee 124

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12 BUSINESS - TECHNICAL SERVICES & FINANCE AND PERSONNEL COMMITTEE.......................................................................................................125

12.1 Technical Services 129

12.1.1 Transpacific Cleanaway Recycling Education Program Report 129 CR MIKE ANDERTON, JP DECLARED A FINANCIAL INTEREST 129

12.1.2 Traffic Management Working Party 132 Confidential Attachment CR BARRY MCKENNA DECLARED AN IMPARTIAL INTEREST 132 MR DOUG PEARSON, DIRECTOR OF TECHNICAL SERVICES, DECLARED AN IMPARTIAL INTEREST 132

12.2 Finance & Personnel 137

12.2.1 Financial Reports for the Period 1 July to 31 October 2011 137

12.2.2 Accounts Payable as at 15 November 2011 167

12.2.3 Investment Portfolio as at 31 October 2011 170

12.2.4 Donation - Redemptoris Mater Archdiocesan Missionary Seminary 175

12.2.5 Donation - Rotary Club of West Perth (Inc) - Annual World Festival of Magic "Christmas Spectacular Show" 177

12.2.6 Budget Review - Four Months 1 July to 31 October 2011 179 ABSOLUTE MAJORITY REQUIRED 181

12.2.7 New Policy - Use of City of Bayswater Logo 182

12.3 Reports of Management/Advisory Committees 185

12.3.1 Audit and Risk Management Committee - 15 November 2011 185 12.3.1.1 Endorsement of Terms of Reference 185 12.3.1.2 Annual Financial Statements 189

ABSOLUTE MAJORITY REQUIRED 190 12.3.1.3 Internal Audit Program for 2011/2012 191

13 MAYOR’S REPORT............................................................................................193

14 AFFIXING OF COMMON SEAL......................................................................193

14.1 Authorisation for Affixing of the Common Seal 193

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15 DISCUSSION OF MATTERS BEHIND CLOSED DOORS ...........................194

15.1 Planning and Development Services 194

15.1.1 Status Report - Planning Complaints / Zoning Breaches - November 2011 194

15.1.2 Retaining Wall Location: Lot 671, No. 2 Foyle Road, Bayswater 196

15.1.3 Proposed Concrete Batching Plant - Appeal (Review) to State Administrative Tribunal (SAT) Location: Lot 2, No. 277-279 Collier Road, Bayswater 197

15.2 Administration and Community Services 198

15.3 Technical Services 199

15.3.1 House Unfit for Habitation 199

15.3.2 House Unfit for Human Habitation 200

15.4 Finance & Personnel 201

15.4.1 Further Legal Action - Property 1153851 201

15.4.2 Outstanding Rates and Charges 202

15.4.3 2010/2011 Interim Audit 203 ABSOLUTE MAJORITY REQUIRED. 203

16 CLOSURE.............................................................................................................204

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CITY OF BAYSWATER

Dear Members

I have the pleasure in advising that the next meeting of the Bayswater City Council will take place in the Council Chambers, City of Bayswater Civic Centre, 61 Broun Avenue, Morley on Tuesday, 22 November 2011 commencing at 7:00 pm.

(A meal will be served at 6.15pm)

Yours sincerely

FRANCESCA LEFANTE CHIEF EXECUTIVE OFFICER 18 November 2011

A G E N D A

1 OFFICIAL OPENING

2 RECORD OF ATTENDANCE, APOLOGIES, ABSENCE AND LEAVE OF ABSENCE (PREVIOUSLY APPROVED)

2.1 Attendance, Apologies and Absence

2.2 Leave of Absence (Previously Approved)

Cr Graham Pittaway from 16 November 2011 to 23 November 2011 (inclusive); Cr Marlene Robinson from 21 November 2011 to 26 November 2011 (inclusive); and Cr Sylvan Albert from 26 November 2011 to 1 December 2011 (inclusive).

3 PUBLIC QUESTION TIME

In accordance with Section 5.24 of the Local Government Act 1995, time is allocated for questions to be raised by members of the public.

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4 APPLICATIONS FOR LEAVE OF ABSENCE

5 CONFIRMATION OF MINUTES

5.1 Special Meeting: 31 October 2011

The Minutes of the Special Meeting of Council held on Monday, 31 October 2011 which have been distributed, are to be presented for confirmation as a true and correct record.

Moved: Seconded:

5.2 Ordinary Meeting: 1 November 2011

The Minutes of the Ordinary Meeting of Council held on Tuesday, 1 November 2011 which have been distributed, are to be presented for confirmation as a true and correct record.

Moved: Seconded:

5.3 Special Meeting: 8 November 2011

The Minutes of the Ordinary Meeting of Council held on Tuesday, 8 November 2011 which have been distributed, are to be presented for confirmation as a true and correct record.

Moved: Seconded:

6 DISCLOSURE OF INTEREST SUMMARY

6.1 Disclosures at Planning and Development Services & Administration and Community Services Committee

Date Name Item No.

14 November 2011 Mr Des Abel 2.10 - Annual Leave - Chief Executive Officer

In accordance with Section 5.60B and 5.65 of the Local Government Act 1995 the following disclosures of proximity interest were made at the meeting:-

Nil.

In accordance with Clause 34C of the Local Government (Administration) Regulations 1996 the following disclosure of interests affecting impartiality were made at the meeting:-

Date Name Item No.

14 November 2011 Ms Francesca Lefante 2.10 - Annual Leave - Chief Executive Officer

14 November 2011 Cr Sonia Turkington 1.4 - Proposed Alterations and Additions to Existing Two (2) Storey Single House

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6.2 Disclosures at Technical Services and Finance & Personnel Committee

In accordance with Section 5.60A and 5.65 of the Local Government Act 1995 the following disclosures of financial interest were made at the meeting:-

Date Name Item No.

15 November 2011 Cr Mike Anderton, JP 1.1 - Transpacific Cleanaway Recycling Education Program Report

In accordance with Section 5.60B and 5.65 of the Local Government Act 1995 the following disclosures of proximity interest were made at the meeting:-

Nil.

In accordance with Clause 34C of the Local Government (Administration) Regulations 1996 the following disclosure of interests affecting impartiality were made at the meeting:-

Date Name Item No.

15 November 2011 Cr Barry McKenna 1.2 Traffic Management Working Party

15 November 2011 Mr Doug Pearson 1.2 Traffic Management Working Party

6.3 Disclosures at Ordinary Council Meeting

In accordance with Section 5.60A and 5.65 of the Local Government Act 1995 the following disclosures of financial interest were made at the meeting:-

Date Name Item No.

In accordance with Section 5.60B and 5.65 of the Local Government Act 1995 the following disclosures of proximity interest were made at the meeting:-

Date Name Item No.

In accordance with Clause 34C of the Local Government (Administration) Regulations 1996 the following disclosure of interests affecting impartiality were made at the meeting:-

Date Name Item No.

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7 URGENT BUSINESS

8 PETITIONS

9 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

9.1 Notice of Motion - Mayor Terry Kenyon, JP - Review of Les Hansman Community Centre Site

In accordance with Clause 2.3.6 (ii) of the Standing Orders, Mayor Terry Kenyon, JP raised the following motion; That:

1. The City’s Officers present a report to Council for its consideration in relation to future strategic direction of the Les Hansman Community Centre site, which includes the following matters:

• Review of proposed works to the Les Hansman Community Centre in the 2011/12 budget and advise which are considered non-essential works that do not need to be undertaken in the immediate future.

• Undertake a strategic study to review the future of the Morley Library, Max Tully Office and Information Centre, Derrick Ernst Neighbourhood Centre in relation to the Morley Masterplan and the preferred location of the activities.

• The appointment of consultants to prepare a concept design and masterplan for the Les Hansman Community Centre site that includes, but not limited to:

o A needs analysis and design feasibility report - on redevelopment options for community and other relevant uses.

o A financial feasibility and modelling plan.

o The Deed and caveat over the land held by the Bayswater City Residents Association.

o The Morley City Centre Masterplan.

• The opportunities to fund the above strategic study, concept design and masterplan by the reallocation of funds from non-essential works to the Les Hansman Community Centre contained in the 2011/12 budget.

2. No further capital works listed in the 2011-12 budget in relation to the Les Hansman Community Centre are to be undertaken until Council considers the above report.

Moved: Seconded:

10 NOTICE OF MOTION FOR CONSIDERATION AT THE FOLLOWING MEETING IF GIVEN DURING THE MEETING

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11 BUSINESS - PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES COMMITTEE

Application

To inform the Council of the minutes of the meeting of the Planning and Development Services & Administration and Community Services Committee, which was held on 14 November 2011.

Background

A copy of the minutes of the meeting of the Planning and Development Services & Administration and Community Services Committee, which was held on 14 November 2011, follow this report.

Voting Requirements

Simple Majority Required

Officer's Recommendation to Council

That the minutes of the meeting of the Planning and Development Services & Administration and Community Services Committee which was held on 14 November 2011, be received.

Moved: Seconded:

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FOR INFORMATION ONLY This page does not form part of the Council Agenda

PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES 14 NOVEMBER 2011

CITY OF BAYSWATER

Minutes of the Meeting of the Planning and Development Services and Administration and Community Services Committee which was held in Council Chambers, City of Bayswater Civic Centre, 61 Broun Avenue, Morley on Monday, 14 November 2011 commencing at 7:01pm.

Committee Recommendations to Council are subject to adoption, or otherwise, at the following Ordinary Meeting of Council, as recorded in Minutes of that Council Meeting.

M I N U T E S

ATTENDANCE, APOLOGIES, LEAVE OF ABSENCE (PREVIOUSLY APPROVED)

Members Cr Terry Kenyon, JP, Mayor Chairperson Cr Marlene Robinson Cr Michael Sabatino Cr Graham Pittaway, OAM Cr Sonia Turkington Cr Sylvan Albert Cr Alan Radford

Officers Ms Francesca Lefante Chief Executive Officer Mr Des Abel Director of Planning and Development Services Mr Jeremy Edwards Director of Administration and Community Services Mr Damien Martin Manager of Planning Services Mr Joe Gomboc Manager of Building Services Ms Siiri Clausnitzer PA to Director of Planning and Development Services Mrs Raylene Vucens PA to Director of Administration and Community Services Mr Darren Beltman Manager - Bayswater Waves

Observers Cr Mike Anderton, JP (Until 8:52pm) Cr Chris Cornish Cr Martin Toldo (Until 8:58pm) Leave of Absence

Nil. Apologies

Nil.

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PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES 14 NOVEMBER 2011

DELEGATED AUTHORITY BY COUNCIL

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

CR GRAHAM PITTAWAY MOVED, CR MARLENE ROBINSON SECONDED that the following Disclosures of Interest Summary at the Planning and Development Services & Administration and Community Services Committee meeting be considered:

In accordance with Section 5.60A and 5.65 of the Local Government Act 1995 the following disclosures of financial interest were made at the meeting:-

Date Name Item No.

14 November 2011 Mr Des Abel 2.10 - Annual Leave - Chief Executive Officer

In accordance with Section 5.60B and 5.65 of the Local Government Act 1995 the following disclosures of proximity interest were made at the meeting:-

Nil.

In accordance with Clause 34C of the Local Government (Administration) Regulations 1996 the following disclosure of interests affecting impartiality were made at the meeting:-

Date Name Item No.

14 November 2011 Ms Francesca Lefante 2.10 - Annual Leave - Chief Executive Officer

14 November 2011 Cr Sonia Turkington 1.4 - Proposed Alterations and Additions to Existing Two (2) Storey Single House

CARRIED UNANIMOUSLY

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PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES 14 NOVEMBER 2011

CONFIRMATION OF MINUTES

CR GRAHAM PITTAWAY MOVED, CR SONIA TURKINGTON SECONDED that the Minutes of the meeting of the Planning and Development Services Committee held on 24 October 2011, which had been circulated, were confirmed as a true and correct record.

CARRIED UNANIMOUSLY

Deputations are closed to the public.

Committee Recommendation

CR GRAHAM PITTAWAY MOVED, CR MICHAEL SABATINO SECONDED that the meeting be closed to the public and the doors were closed.

At 7:06pm, the meeting was closed to the public in order to receive deputations and those present in the gallery withdrew from chambers.

CARRIED UNANIMOUSLY

DEPUTATIONS

(i) Proposed 19 Units Motel Location: Lot 801, Nos. 10-14 Rose Avenue, Bayswater Attachments: No. 1 - Location Plan and Site Photograph

No. 2 - Detailed Plans No. 3 - Concept Plan 1 December 1999 No. 4 - Submissions Map and Table

File No: DA11-0419 Applicant: Viskovich D & D Pty Ltd Owner: Marchesi, Sardelic and Sundown Coast Pty Ltd Officer: Director of Planning and Development Services Refer: Item 8.2: OCM 14.12.1999

In relation to Item 1.10, Mr Sean Tanner (resident of Rose Avenue), Ms Erica Hawkins, Mr Max Bullow and Ms Lynda Bullow were in attendance from 7:11pm to 7:23pm, speaking against the officer's recommendation (Refer to Page 45).

At 7:07pm, Mrs Raylene Vucens withdrew from the meeting.

At 7:14pm, Mrs Raylene Vucens returned to the meeting.

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PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES 14 NOVEMBER 2011

(ii) Proposed Alterations and Additions to Existing Two (2) Storey Single House Location: Lot 11, No. 55 Clarkson Road, Maylands Attachments: No. 1 - Location Plan and Site Photographs

No. 2 - Detailed Plans File No: DA11-0566 Applicant: Kensington Design Owner: C & E Ashton Officer: Director of Planning and Development Services Refer: Item 12.7.2: OCM 12.12.2006

In relation to Item 1.4, Ms Sally Pearse (Kensington Design) was in attendance from 7:26pm to 7:28pm, speaking on Point 1 of the officer's recommendation (Refer to Page 8). (iii) Retaining Wall

Location: Lot 671, No. 2 Foyle Road, Bayswater Attachments: No. 1 - Location Plan and Site Photographs

No. 2 - Survey Diagram No. 3 - Correspondence from Owner of No. 2 Foyle Road, Bayswater dated 14 November 2011

File No: FOY-21/2 Owner: Nicole Bairstow, Brett Bairstow Officer: Director of Planning and Development Services

CONFIDENTIAL ITEM

In relation to Confidential Item 4.1.2, Mrs Natalie Bilyk (owner of No. 25 Beechboro Road South) and Miss Natalie Bilyk were in attendance from 7:41pm to 7:50pm, speaking on the item.

At 7:50pm, Cr Graham Pittaway withdrew from the meeting.

Committee Recommendation

CR SONIA TURKINGTON MOVED, CR SYLVAN ALBERT SECONDED that the meeting be re-opened to the public and the doors were re-opened.

At 7:51pm, those present were invited back into the chambers and the meeting resumed.

CARRIED UNANIMOUSLY

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PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES 14 NOVEMBER 2011

Committee Recommendation

PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES COMMITTEE DECISION – ORDER OF BUSINESS

CR MICHAEL SABATINO MOVED, CR GRAHAM PITTAWAY SECONDED to bring forward Items in the following order: Deputations, Item 1.10, 1.4, 1.5, 1.7, 1.12, 2.1, 2.2, 2.3, 2.4, 2.5, 2.8, 2.9, 2.10, 4.1.1 and 4.1.3. All remaining items were carried by en bloc resolution.

CARRIED UNANIMOUSLY

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11.1 Planning and Development Services

11.1.1 Council Ratification of Planning Determinations under Delegated Authority Attachment: No. 1 - Delegated Authority - 01/10/2011 – 31/10/2011 Officer: Director of Planning and Development Services

Application

The development applications contained in Attachment No. 1 have been determined in accordance with the Scheme requirements, Residential Design Codes and the City’s policies.

Voting Requirements

Simple Majority Required.

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee/Officer Recommendation to Council

CR ALAN RADFORD MOVED, CR SYLVAN ALBERT SECONDED

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

Committee/Officer Recommendation to Council

That Council receive the Planning Determinations issued for the period 1 October 2011 to 31 October 2011 by the City’s Director of Planning and Development Services and Manager of Planning Services in accordance with the City’s Policy – Delegated Authority, as contained in Attachment No. 1.

Moved: Seconded:

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11.1.2 Subdivision and Amalgamation Responses under Delegated Authority Attachment: No. 1 - Delegated Authority Subdivisions - 01/10/2011 –

31/10/2011 Officer: Director of Planning and Development Services

Application

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

Voting Requirements

Simple Majority Required.

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee/Officer Recommendation to Council

CR ALAN RADFORD MOVED, CR SYLVAN ALBERT SECONDED

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

Committee/Officer Recommendation to Council

That Council receive the subdivision and amalgamation applications for which comment has been provided to the Western Australian Planning Commission for the period 1 October 2011 to 31 October 2011, as contained in Attachment No. 1.

Moved: Seconded:

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11.1.3 Building Licences Issued under City’s Policy for Single Residential Development Attachment: No. 1 - Delegated Authority - 01/10/2011 – 31/10/2011 Officer: Director of Planning and Development Services

Application

The building applications for single residential development contained in Attachment No. 1 have been issued with a building licence in accordance with the Building Code of Australia, Residential Design Codes and the City’s policies.

Voting Requirements

Simple Majority Required.

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee/Officer Recommendation to Council

CR ALAN RADFORD MOVED, CR SYLVAN ALBERT SECONDED

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

Committee/Officer Recommendation to Council

That Council receive the Building Licences issued for single residential development for the period 1 October 2011 to 31 October 2011 by the City’s Building Services Section, in accordance with the Building Code of Australia, Residential Design Codes and the City’s policies, as contained in Attachment No. 1.

Moved: Seconded:

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11.1.4 Proposed Alterations and Additions to Existing Two (2) Storey Single House Location: Lot 11, No. 55 Clarkson Road, Maylands Attachments: No. 1 - Location Plan and Site Photographs

No. 2 - Detailed Plans File No: DA11-0566 Applicant: Kensington Design Owner: C & E Ashton Officer: Director of Planning and Development Services Refer: Item 12.7.2: OCM 12.12.2006

At the Planning and Development Services and Administration and Community Services Committee Meeting:

CR SONIA TURKINGTON DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Cr Sonia Turkington declared an impartial interest as she employed the services of the architects (the Applicant - 'Kensington Design') 16 years ago.

Application

MRS Form 1 and plans dated 30 August 2011 and revised plans dated 4 November 2011 have been received for alterations and additions to the existing two (2) storey single house at Lot 11, No.55 Clarkson Road, Maylands. The application comprises an extension to the existing upper floor loft, a front fence, a covered outdoor living area and other minor internal alterations and landscaping. A swimming pool is indicated on the plans and is setback 1.7m from the front boundary. Council consideration is required as the applicant is seeking to vary the provisions of the Peninsula Estate Design Guidelines (Policy TP P 4.2) in relation to a proposed solid front fence. In support of the proposal, the applicant has provided the following comments:

• "The property is unique in the locality where the owners of No.55 and No.59 Clarkson Road have bought the land at No.57 Clarkson Road, subdivided the lot and amalgamated it with their respective street properties thus increasing their street frontages by 50% i.e. from 14.9 metre to 22.48 metres.

• The proposed street wall (5.5 metres) is 24.5% of this boundary.

• The front fence does not preclude surveillance of the front of the house, the front door and windows.

• Enhances the streetscape, balancing the front elevation of the house, forming a front forecourt and creating articulation of the built form in the streetscape.

• Importantly, the proposed height of the wall provides the privacy needed to the swimming pool courtyard from the street.

• The proposed single storey living room provides privacy to this outdoor living area from the Brearley Lake walkway while ensuring the north sun is captured in this area.

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• The site is unique in the area having Clarkson Reserve and the Swan River opposite the property and additionally being 50% larger than the surrounding properties. The proposed additions are predominately single storey and set well back from the street, minimising the density increase while in no way affecting maximising the recreational needs of the residents."

Background

Town Planning Scheme No. 24 Zoning: Medium and High Density Residential R40

Use Class: Single House - 'P'

Lot Area: 673m²

Existing Land Use: Singe House

Surrounding Land Use: Single Houses, Lake Brearley (Local Public Open Space), Clarkson Reserve (MRS Parks and Recreation Reserve)

Size/Nature of Proposed Development: Alterations and Additions to Existing Two (2) Storey Single House

SCHEME PROVISIONS REQUIRED PROVIDED

Setbacks

Front (SE) Side (SW) Side (NE) Rear (NW)

3m, 4.5m average/3m, 6m average

0m, 1m-1.5m/1.2m 0m/1.2m 4m/4m

3m, 6m average/16.5m, 16.5m average

0m, 1m-1.5m/5.5m 0m/10.5m

4m/4m

Front Fence (solid portion) 0.9m (Policy) 1.8m

Front Fence (maximum height) 1.8m (R Codes) 1.8m

NORTH EAST PARAPET/BOUNDARY WALL

ACCEPTABLE DEVELOPMENT STANDARDS

REQUIRED PROVIDED

Maximum Wall Height 3.5m 2.7m

Maximum Average Wall Height 3.0m 2.7m

Maximum Wall Length 25.2m 10.0m

The subject site is located opposite Clarkson Reserve and is bounded by Lake Brearley with open fencing at the rear of the site. A pedestrian path which extends around the lake perimeter is located adjacent to the rear boundary.

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Former Lot 289 (No.57 Clarkson Road, Maylands) was previously subdivided with the two portions concurrently amalgamated with the adjoining properties of No.55 Clarkson Road, Maylands (subject site) and No.59 Clarkson Road, Maylands.

Comment

The application has been assessed against the provisions of the Residential Design Codes (R Codes), the City's Town Planning Scheme 24 (TPS 24) and policies, and complies with the exception of the height of the solid portion of the proposed front fence.

Front Fence The plans submitted by the applicant propose a masonry fence with piers along a 5.5m portion of the front boundary to a maximum height of 1.8m. The infill panels of the fence are also proposed to be solid to a height of 1.8m.

Policy TP P 4.2 prescribes particular development guidelines which apply to properties within the Peninsula Estate. The policy states the following with regard to front fences:

"No solid fencing greater than 900 millimetres height is to be erected forward of the building line however open style fencing will be considered above 900 millimetres. No fibro cement is permitted forward of the building line. Feature masonry fencing is required for any boundary which faces any street, road, park or reserve."

By comparison, the performance criteria of the R Codes state the following with regard to front fence:

"Front walls and fences to promote surveillance and enhance streetscape, taking account of:

• The need to provide protection from noise and headlight glare where roads are designated as primary or district distributors or integrator arterials; or

• The need to provide screening to the front setback; or

• The need to provide privacy to north facing living areas. "

The total length of the proposed fence is 9.5m, however is articulated such that a 5.5m portion of the fence abuts the front boundary. The remaining portions of the front fence are setback 0.75m (1.7m length) and 3.4m (2.3m length) from the front boundary.

The proposed front fence is intended to provide privacy to the outdoor living and pool areas from Clarkson Road. The applicant has indicated it is not possible to maintain privacy to the pool area were it located towards the rear of the site, due to the open fencing and pedestrian path along the rear boundary with Lake Brearley.

There are four (4) nearby properties with front fences; two (2) of these properties have low fencing approximately 0.9m in height, the other two (2) properties have open fencing to a height of 1.8m, including a property opposite the subject site which is located outside the Peninsula Estate. On the adjoining property a timber gate (approximately 6.5m wide and 1.7m high) screens a parking area located directly adjacent to the proposed solid front fence.

The 5.5m portion of the fence proposed on the front boundary represents 24.5% of the frontage, and is located where the frontage has been increased. The original property frontage remains open and has clear views of Clarkson Road.

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As the solid portion of the fence is proposed across the widened section of frontage, the relationship between the frontage of the single house and the street is considered to be maintained and promotes an acceptable level of street surveillance. The proposed front fence screens the front setback and provides privacy to the pool area in accordance with the performance criteria. The critical issue is considered to be whether the erection of a 5.5m long solid wall on the front boundary of the widened portion of the frontage unduly affects the streetscape. Although the wider frontage reduces the impact of the solid fence, the wall as proposed is still considered to have some effect on the streetscape. There is considered to be scope to modify the portion of solid fence through the inclusion of at least two (2) 0.3m x 0.3m openings, which would reduce the visual impact of the solid portion of the fence on the streetscape, in conjunction with espaliered landscaping treatment such as creepers as suggested by the applicant. In this regard, it is recommended that a condition be included which requires the applicant to submit a plan showing two (2) 0.3m x 0.3m openings in the wall in conjunction with a detailed landscaping plan to reduce the visual impact of the solid portion of fence on the front boundary. In light of the recommended changes, the wall is considered to be more appropriate in the context of the Peninsula Estate area. It is considered that given the widened frontage of the site the inclusion of additional openings in the solid portion of the wall and the use of appropriate landscaping as per the recommended condition will assist in reducing the impact of the solid wall on the streetscape. Based on the above, the application is recommended for approval subject to appropriate conditions.

Summary

The application for alterations and additions to the existing single house at Lot 11, No.55 Clarkson Road, Maylands is considered to comply with the City's requirements with the exception of the proposed solid front fence. The property has a wider frontage and although the solid the fence is proposed on the widened portion of the front boundary, there is considered to be some impact on the streetscape. To mitigate this impact, it is recommended that at least two (2) openings of 0.3m x 0.3m be included in the wall, and for a detailed landscaping plan to be provided to further soften the impact from the wall. In light of the additional conditions included, the application is considered to meet with the relevant performance criteria and is recommended for approval.

Voting Requirements

Simple Majority Required.

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Officer's Recommendation

That planning approval be granted for the proposed alterations and additions to the existing two (2) storey single house at Lot 11, No. 55 Clarkson Road, Maylands in accordance with the application dated 30 August 2011 and revised plans dated 4 November 2011, subject to the following planning conditions:

1. The applicant to submit a revised elevation plan showing the inclusion of at least two (2) 0.3m x 0.3m openings in the solid wall, prior to the issue of a building licence.

2. The applicant to submit a detailed landscaping plan showing the inclusion of creepers or other espaliered vegetation to reduce the visual impact of the solid wall, prior to the issue of a building licence. The landscaping to be installed prior to the completion of works and to be thereafter maintained to the satisfaction of the City.

3. The development/use subject of this approval must be SUBSTANTIALLY COMMENCED within a period of two (2) years of the date of this approval notice. If the development is not substantially commenced within this period, this 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.

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

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

6. 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.

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

8. 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.

9. The proposed boundary/parapet walls and footings must be constructed wholly within the subject allotment. The external surfaces of the boundary/parapet wall shall be finished to a professional standard to complement the dwelling on the adjoining lot, to the satisfaction of the City of Bayswater.

10. All stormwater and drainage runoff produced onsite is to be disposed of onsite via the use of soakwells. The size of the soakwells are to be calculated by use of the formula VOL(m3) = AREA (m2) x 0.0125, where VOL is total storage volume of soakwells and AREA is total roofed and paved areas.

11. All vehicle crossings being upgraded, designed and constructed to the satisfaction City of Bayswater. Payment for the crossover is required prior to the issue of a building licence.

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At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee Discussion

The Committee discussed point 1 of the officer's recommendation and it was believed that the openings in the wall could pose a safety risk, as children would be able to use the openings as footholds to gain access to the property and the swimming pool located in the front of the property. The Committee recommended that point 1be removed. Committee/Officer Recommendation to Council

CR MARLENE ROBINSON MOVED, CR GRAHAM PITTAWAY SECONDED

CARRIED UNANIMOUSLY

Committee Recommendation to Council

That planning approval be granted for the proposed alterations and additions to the existing two (2) storey single house at Lot 11, No. 55 Clarkson Road, Maylands in accordance with the application dated 30 August 2011 and revised plans dated 4 November 2011, subject to the following planning conditions:

1. The applicant to submit a detailed landscaping plan showing the inclusion of creepers or other espaliered vegetation to reduce the visual impact of the solid wall, prior to the issue of a building licence. The landscaping to be installed prior to the completion of works and to be thereafter maintained to the satisfaction of the City.

2. The development/use subject of this approval must be SUBSTANTIALLY COMMENCED within a period of two (2) years of the date of this approval notice. If the development is not substantially commenced within this period, this 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.

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

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

5. 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.

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

7. 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.

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8. The proposed boundary/parapet walls and footings must be constructed wholly within the subject allotment. The external surfaces of the boundary/parapet wall shall be finished to a professional standard to complement the dwelling on the adjoining lot, to the satisfaction of the City of Bayswater.

9. All stormwater and drainage runoff produced onsite is to be disposed of onsite via the use of soakwells. The size of the soakwells are to be calculated by use of the formula VOL(m3) = AREA (m2) x 0.0125, where VOL is total storage volume of soakwells and AREA is total roofed and paved areas.

10. All vehicle crossings being upgraded, designed and constructed to the satisfaction City of Bayswater. Payment for the crossover is required prior to the issue of a building licence.

Moved: Seconded:

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At the Planning and Development Services and Administration and Community Services Committee Meeting:

At 8:52pm, Cr Mike Anderton, JP withdrew from the meeting and did not return.

11.1.5 Proposed Single Storey Single House Location: Lot 2, No. 37 Guildford Road, Mount Lawley Attachments: No. 1 - Location Plan and Site Photographs

No. 2 - Detailed Plans No. 3 - Submission Location Plan

File No: DA11-0255 Applicant: Sovereign Building Company Owner: A Iozzo Officer: Director of Planning and Development Services Refer: Item 13.1.2: OCM 27.9.2011

Application

MRS Form 1 dated 28 April 2011 and revised plans dated 14 September 2011 have been received for a proposed single storey house at Lot 2, No.37 Guildford Road, Mount Lawley. The proposal was previously considered at the Ordinary Meeting held on 27 September 2011 which was reconvened on 4 October 2011, where Council resolved as follows: "…that the item be deferred for one (1) month to enable Council to consider the appropriate plans." The applicant has subsequently submitted revised plans which showed the removal of the bedroom two (2) and bedroom three (3) parapet/boundary wall from the boundary with No.39 Guildford Road, Mount Lawley. The revised plans were referred to the adjoining landowners for comment, with no responses received at the conclusion of the advertising period. The objector to the initial proposal has indicated verbally that there are no objections to the current revised plans. The application proposes the development of a single house with direct access from Guildford Road on a lot which has a frontage of 7.12 metres and includes three (3) parapet/boundary walls along the side boundaries. Council consideration is required for the following matters:

1. The proposed parapet/boundary walls exceed the acceptable development standards of the Residential Design Codes (R Codes) and the City's Policy TP P 2.8 Boundary Walls in Residential Areas;

2. The outdoor living area does not meet with the acceptable development standards of the R Codes;

3. The application proposes a variation to the open space requirements under the acceptable development standards of the R Codes; and

4. A setback variation is proposed to the wall to the kitchen/family room.

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Background

Town Planning Scheme No. 24 Zoning: Residential R20

Use Class: Single House - 'P'

Lot Area: 378m²

Existing Land Use: Vacant

Surrounding Land Use: Single House (Municipal Heritage Inventory Classification 4), Grouped Dwellings, Primary Regional Road (Guildford Road)

Size/Nature of Proposed Development: Proposed Single Storey Single House

SCHEME PROVISIONS REQUIRED PROVIDED

Setbacks

Front (SE) Side (SW) Side (NE) Rear (NW)

3m/6m 0m, 1.5m

0m, 1.0m-1.5m 1.5m

9.0m 0m, 1.0m*-1.5m 0m, 1.0m-1.5m

3.0m

Open Space 50% 49%*

Outdoor Living Area 30m² 25.5m²*

Car Parking Two (2) car bays Two (2) car bays

PROVIDED PARAPET/BOUNDARY WALL ACCEPTABLE

DEVELOPMENT STANDARDS

REQUIRED

Garage Bed 1 Family

Maximum Wall Height 3.0m 3.0m 3.0m 3.1m*

Maximum Average Wall 2.7m 2.9m* 2.85m* 3.0m* Maximum Wall Length 9.0m 6.1m 6.6m 5.5m

'*' indicates a variation is sought to the acceptable development standards of the R Codes.

Referral The application was referred to Main Roads WA on 13 May 2011 as the subject site is affected by a Primary Regional Road reservation along Guildford Road. In correspondence dated 25 May 2011 Main Roads WA advised the City that the plan could not be supported as the design did not enable vehicular egress onto Guildford Road in a forward gear.

The proposal was amended to show an increased front setback and the inclusion of an internal turnaround facility (turntable) to facilitate egress from the site in a forward gear. Main Roads WA has advised that the revised plan is supported and the recommended conditions are included in the officer recommendation.

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Advertising The applicant initially sought comment from the adjoining landowner at No.39 Guildford Road, Mount Lawley on the original plans which, at that time, proposed three (3) parapet/boundary walls on the north east side boundary, with an objection being received.

Subsequent to the applicant submitting a revised plan showing the removal of one parapet/boundary wall from the northeast boundary with the objector's property, the revised plan was referred to the adjoining landowners for comment. No additional submissions were received in relation to the revised plan, with the previous objector indicating verbally no objection to the revised plans.

Municipal Heritage Inventory and Character Protection Area

The subject site is listed as Category 4 place under the City's Municipal Inventory (MHI). The previous dwelling on the site was approved for demolition on 31 December 2010 with internal and external photographs provided prior to the demolition of the dwelling for historical recording purposes as recommended in the MHI. A Category 3 dwelling exists on the adjoining property at No.39 Guildford Road, Mount Lawley.

The property is also located within the Character Protection Area No. 3 - Mount Lawley.

The proposal was also considered by the Heritage Development Advisory Committee at its meeting held on 19 September 2011 where it resolved to support the application subject to conditions. The proposal was considered to be consistent with the relevant Character Protection Area Guidelines.

Comment

Compliance with the Scheme and R Codes Requirements Assessment of the application indicates that the proposed development complies with the acceptable development provisions of the City’s Town Planning Scheme No. 24 (TPS No.24) and policies and the R Codes with the exception of the maximum average height, maximum height and combined lengths of the proposed parapet/boundary walls, the size of the outdoor living area and open space and the setback of the wall to the meals/family room.

Parapet/Boundary Walls The revised plans propose three (3) parapet/boundary walls, with one (1) parapet/boundary wall on the south west elevation (garage), and two (2) parapet/boundary walls on the north east boundary with the objector's property.

The performance criteria of the R Codes state the following with regard to parapet/boundary walls:

“Buildings built up to boundaries other than the street boundary where it is desirable to do so in order to:

• 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”.

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Combined Length of Parapet Walls The acceptable development standards indicate that a wall length of 9.0 metres is deemed acceptable in areas with a density coding of Residential R20. The City's Policy TP P 2.8 Boundary Walls in Residential Areas states that where multiple parapet/boundary walls are proposed to one particular property boundary, the parapet/boundary wall lengths should be aggregated and not exceed 9.0 metres in length. It is considered that the applicant's previous plan which proposed combined lengths of parapet/boundary walls on the northeast boundary at 19.2 metres was excessive and unduly impacted the amenity of the adjoining landowner at No.39 Guildford Road, Mount Lawley. The revised plan indicates the setback of bedroom two (2)/bedroom three (3) being increased from nil to 1.0m. The combined length of the two (2) parapet/boundary walls is 12.1 metres, and given the site constraints it is not considered unreasonable that a relaxation of the 9m maximum length requirement be given consideration. Furthermore, the adjoining landowner has been provided the opportunity for further comment on the revised plan, and has verbally indicated no objection to the revised plan. The revised plan showing the removal of the bedroom two (2) and bedroom three (3) parapet/boundary wall is considered to appropriately balance the landowner's desire to develop whilst preserving an appropriate level of amenity for the adjoining landowner at No.39 Guildford Road, Mount Lawley.

Based on the above, the combined length of parapet/boundary walls is considered to be appropriate in this instance.

Northeast Parapet/Boundary Walls The two (2) parapet/boundary walls on the boundary with No.39 Guildford Road, Mount Lawley have been assessed and do not comply with the maximum average height requirement stipulated under the acceptable development standards of the R Codes, and the combined length of the parapet walls at 12.1 metres exceeds the 9.0 metre maximum length as prescribed under the City's Policy TP P 2.8 Boundary Walls in Residential Areas to one (1) side boundary. The proposed parapet/boundary wall to the bedroom 1/ensuite are considered to make effective use of space and enhance the amenity of the development. Whilst it is acknowledged that there may be some loss of direct sunlight to the habitable rooms on the adjoining property, when assessed at 12pm on 21 June the shadow impact from the parapet/boundary wall falls within the subject site, which is deemed to meet with the performance criteria. The parapet/boundary wall to the family room is considered to make effective use of space and is deemed to enhance the privacy on the subject site. The wall is located adjacent to an extensive rear garden area and is not considered to cause an undue impact on the amenity of the adjoining property at No.39 Guildford Road, Mount Lawley. Based on the above, the proposed boundary/parapet wall to the family room is considered to meet with the performance criteria. In considering the above, the two (2) proposed parapet/boundary walls are considered to meet with the performance criteria of the R Codes, particularly as the adjoining landowner has indicated no objection to the revised plans.

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Southwest Parapet/Boundary Wall The application proposes a parapet/boundary wall to the garage which does not comply with the acceptable development standards in relation to maximum average height at 2.9 metres in lieu of the 2.7 metre requirement. The City sought comment from the adjoining landowner in relation to the average height variation, with no response received after the advertising period.

The proposed garage parapet/boundary wall is located adjacent to the side of the adjoining dwelling which contains two air conditioning units and a highlight window. The applicant has advised that further reduction in the height of the parapet/boundary wall could undermine development on the adjoining property and require extensive change to the roof lines for the dwelling. The proposed height is not considered to unduly affect the amenity of the adjoining property.

Based on the above, the proposed variation to maximum and average wall height is not considered to unduly impact on the amenity of the adjoining property and is considered to meet with the performance criteria of the R Codes.

Setback of Kitchen/Family Room The applicant has proposed a 0.5m setback variation for the wall to the kitchen/family area. The acceptable development standards indicate that a 1.5 metre setback is required, with the plans showing a 1.0 metre setback from the southwest side boundary.

The City sought comment on the revised plan from the adjoining landowners at Unit 4 and 5, No.33 Guildford Road, Mount Lawley in relation to the proposed setback variation, with no responses received after the advertising period. The subject wall is located adjacent to an outdoor living area and a grouped dwelling setback approximately 1.5 metres from the boundary.

The setback of the kitchen/family room wall at 1.0 metre is not considered to unduly affect access to sunlight and ventilation to the proposed single house and the adjoining properties and is considered to meet with the performance criteria of the R Codes.

Outdoor Living Area The proposed plans indicate an outdoor living area of approximately 25.5m² in lieu of the 30m² requirement under the acceptable development standards of the R Codes. The performance criteria of the R Codes state the following with regard to outdoor living areas:

"An outdoor living area capable of use in conjunction with a habitable room of the dwelling, and if possible, open to winter sun. An outdoor living area that takes best advantage of the northern aspect of the site."

The applicant has provided the following point in support of the proposed variation:

• the site is constrained by a narrow frontage and is a modest dwelling with only three (3) bedrooms due to the use of extensive corridors and a custom design;

• the design provides a large courtyard area accessible from the main family room with a northern orientation which is effective for occupant needs; and

• Additional courtyard areas are provided with access from the meals and hallway adjacent to the bathroom, which are to be decorated with plans and other garden features to provide a greater sense of space and enhance the openness of the dwelling.

In this regard, the rear courtyard area of 25.5m² with its access to northern sun is considered to meet with the performance criteria of the R Codes.

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Open Space The proposed single house provides for 49% open space within the lot in lieu of the 50% minimum requirement under the acceptable development standards of the R Codes.

In support of the variation, the applicant has advised that the narrow width of the block result in the extensive use of corridors within the dwelling, which has resulted in a minor variation to the open space requirements under the acceptable development standards. The applicant has advised that the external areas will be finished with the use of garden features along the side and rear of the proposed dwelling, providing an attractive setting for the dwelling and to suit the current and future needs of residents. The justification provided by the applicant is considered to meet with the performance criteria of the R Codes.

In light of the above, the application is recommended for approval, subject to conditions contained in the officer recommendation.

Summary

The application for a single house within the Character Protection Area No.3 - Mount Lawley proposes variations to the acceptable development standards of the R Codes in relation to the two (2) parapet/boundary walls proposed on the northeast side boundary, a setback variation proposed to the wall to the kitchen/family room area, the outdoor living area and the open space provision.

The site is affected by a primary regional road reservation with the applicant proposing an internal vehicular turnaround facility to enable egress from the site in a forward gear in accordance with the Main Roads WA requirements.

The design of the single house is considered to meet with the intent of the CPA guidelines and is not considered to detract from the amenity of the character area.

Although the applicant has proposed variations to the maximum average height of the two (2) parapet/boundary walls on the northeast boundary, given the adjoining landowner has no objection to the revised plans, the revised combined length of the parapet/boundary walls at 12.1 metres is not considered to unduly impact on the amenity of the adjoining property and is considered to meet with the performance criteria.

The proposed variations to the average height of the garage parapet/boundary wall on the southwest boundary, the setback to the kitchen/family room, the outdoor living area and open space are not considered to unduly affect the amenity of the adjoining landowners and considered to meet with the performance criteria.

Based on the above, the application is recommended for approval subject to the conditions contained in the officer recommendation.

Voting Requirements

Simple Majority Required.

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee/Officer Recommendation to Council

CR SYLVAN ALBERT MOVED, CR SONIA TURKINGTON SECONDED

CARRIED UNANIMOUSLY

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Committee/Officer Recommendation to Council

That planning approval be granted for a proposed single storey single house at Lot 2, No. 37 Guildford Road, Mount Lawley in accordance with the application DA11-0255 and revised plans dated 14 September 2011, subject to the following planning conditions:

1. Internal vehicular turnaround facility to be provided to enable vehicles to egress the site in a forward gear. Details of the proposed turnaround facility to be submitted to the satisfaction of the City, prior to the issue of a building licence.

2. The development/use subject of this approval must be SUBSTANTIALLY COMMENCED within a period of two (2) years of the date of this approval notice. If the development is not substantially commenced within this period, this 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.

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

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

5. 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.

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

7. 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.

8. The proposed boundary/parapet walls and footings must be constructed wholly within the subject allotment. The external surfaces of the boundary/parapet wall shall be finished to a professional standard to complement the dwelling on the adjoining lot, to the satisfaction of the City of Bayswater.

9. All stormwater and drainage runoff produced onsite is to be disposed of onsite via the use of soakwells. The size of the soakwells are to be calculated by use of the formula VOL(m3) = AREA (m2) x 0.0125, where VOL is total storage volume of soakwells and AREA is total roofed and paved areas. Connection to the City’s stormwater system, where available, may be permitted as an overflow only if to the satisfaction of the City of Bayswater.

10. All vehicle crossings being upgraded, designed and constructed to the satisfaction City of Bayswater. Payment for the crossover is required prior to the issue of a building licence.

11. All highlight openings to have a minimum sill height of 1.65m above the finished floor level of the dwelling.

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12. The applicant is required to undertake a transport noise assessment in accordance with the guidelines of the WAPC State Planning Policy 5.4 'Road and Rail Transport Noise and Freight Considerations in Land Use Planning'.

13. No earthworks are to encroach onto the Guildford Road reserve.

14. No stormwater drainage is to be discharged onto the Guildford Road reserve.

15. The applicant shall make good any damage to the existing verge vegetation within the Guildford Road reservation.

Moved: Seconded:

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ORDINARY COUNCIL MEETING AGENDA 22 NOVEMBER 2011

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11.1.6 Proposed Additional Two (2) Storey Grouped Dwelling Location: Lot 12, No. 55 Queen Street, Bayswater Attachments: No. 1 - Location Plan and Site Photographs

No. 2 - Plans for Development File No: DA11-0388 Applicant: Summit Projects Owner: Martin Saxon Officer: Director of Planning and Development Services

Application

MRS Form 1 dated 3 June 2011 and plans dated 15 August 2011, have been received for an additional two (2) storey grouped dwelling at Lot 12, No. 55 Queen Street, Bayswater. Council consideration is required as the maximum wall height, roof height, retaining wall height, privacy setback and rear setback do not comply with the acceptable development standards of the Residential Design Codes (R Codes).

In support of the proposal, the applicant has provided the following justification:

1. A slight setback variation is requested on the basis that it will provide adequate privacy to the rear adjoining property whilst maintaining sufficient open space, sunlight and ventilation between the properties.

2. Due to the characteristics of the site in relation to the contours, the applicant considers the need for retaining walls is unavoidable.

3. The proposed design would not have an adverse effect in the provision on privacy, sunlight and ventilation to adjoining properties (including outdoor living areas).

4. The position and sizes of windows on both floors aims to protect the privacy of the occupants by restricting issues created from overlooking while still maintaining adequate sunlight into habitable rooms.

Background

Town Planning Scheme No. 24 Zoning: Residential R17.5/25

Use Class: Grouped Dwelling - 'P'

Lot Area: 903m²

Existing Land Use: Single House

Surrounding Land Use: Single House

Size/Nature of Proposed Development: Additional Two (2) Storey Grouped Dwelling

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ORDINARY COUNCIL MEETING AGENDA 22 NOVEMBER 2011

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SCHEME PROVISIONS REQUIRED PROVIDED

Density Minimum Lot Area 320m² 476m²

Average Lot Area 350m² 451.5m²

Maximum Number of Dwellings Permitted

2 2

Setbacks Side (north west) 1.5m/1.6m 0m/1.44m*

Side (north east) 3.3m/5.3m 6.7m/5.5m

Side (south west) 1.5m/1.6m 1.7m/1.7m

Rear (south east) 2.7m/3.3m 2.9m/2.9m***

Open Space 50% 64%

Parking 2 car bays 2 car bays

Maximum Wall Height 6.0m 7.6m***

Maximum Roof Height 9.0m 9.9m***

Maximum Overshadowing 25% 10%

Privacy Setback - (kitchen - south east)

6.0m 2.7m***

* Internal boundary ** Objection received from adjoining landowner *** Non-objection received from adjoining landowner

Submissions The proposal was advertised to the owners of the adjoining properties for a period of 14 days. Two (2) submissions were received, one (1) being a non-objection and one (1) being an objection. The objecting land owner raised the concern that pilings close to other structures, in this case pool and retaining walls, have the potential to crack, damage, or shift the existing base during the construction period of the dwelling.

Comment

Assessment of the application indicates that the proposed additional two (2) storey grouped dwelling complies with the City's policies and Town Planning Scheme No. 24 (TPS 24), and the acceptable development standards of the R Codes, with the exception of the maximum wall height, roof height, retaining wall height, privacy setback and rear setback.

Building Height The acceptable development standards of the R Codes require that the building heights do not exceed the following requirements:

• 6m external wall height from natural ground level;

• 7m external wall height for concealed roofs from natural ground level; and

• 9m total building height to the top of a pitched roof from natural ground level.

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Height is measured from the natural ground level immediately below the relevant point of the wall or roof.

The proposal incorporates a maximum wall height to 7.6 metres with a maximum roof pitch height to 9.9 metres from natural ground level.

Given the proposed wall height and roof height does not meet the acceptable development standards of the R Codes, it has been assessed under the relevant performance criteria, which state that:

"Building height consistent with the desired height of buildings in the locality, and to recognise the need to protect the amenities of adjoining properties, including where appropriate:

• Adequate direct sun to buildings and appurtenant open spaces;

• Adequate daylight to major openings to habitable rooms; and

• Access to views of significance".

The ground level of the site has a fall of approximately 1.5 metres from the south west side boundary to the north east side boundary and a significant fall of about three (3) metres from the bottom of the battleaxe leg to the rear of the property.

The applicant has proposed to fill and excavate at varying levels to accommodate the proposed dwelling. Given this, it is not considered that the proposed wall and roof height variations are unreasonable. Furthermore the bulk of the proposed dwelling is not considered to be excessive and will not unduly restrict natural light from entering the neighbouring properties or will obstruct views of significance. The City did not receive any objections in relation to the building height.

In light the above, the proposed wall and roof height variations are considered to meet performance criteria and recommended for approval.

Retaining Wall Height The applicant has proposed retaining of up to 1.9 metres in height along the north east side boundary. In accordance with the City’s Town Planning Policy TP-P 2.7 comment was requested from the neighbouring landowner as the proposed walls exceed 1.0 metre in height.

A neighbouring landowner raised concern on the adequacy of the proposed retaining walls.

A condition of the officer’s recommendation requires the applicant to demonstrate that the proposed retaining wall and footings are structurally sufficient as part of a building licence application. There are also two (2) conditions included in the Officer's recommendation to Council for a dilapidation survey to be offered to the owner of No. 6 Norco Way, Bayswater both prior and upon completion of construction.

The retaining wall is not visible from the street as it is located at the rear of the property, therefore it is not considered to unduly affect the amenity of the streetscape or the locality.

The site has a fall of approximately 1.5 metres from the south west boundary to the north east boundary and a significant fall of about three (3) metres from the bottom of the battleaxe leg to the rear of the property. The applicant has proposed to fill and excavate at varying levels to accommodate the proposed dwelling. Given the nature of the site the retaining wall height as proposed is reasonable.

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Accordingly, it is considered that the proposed retaining wall height is acceptable in this instance.

Privacy Setback The acceptable development provisions of the R Codes require the following setbacks for habitable rooms or active habitable spaces which have a floor level of more than 0.5m above natural ground level, unless appropriate screening has been provided:

• 4.5m in the case of bedrooms;

• 6m in the case of habitable rooms other than bedrooms; and

• 7.5m in the case of unenclosed outdoor active habitable spaces.

The dining room and kitchen on the ground floor is 0.6 metres above natural ground level and incorporates a setback of 2.7m in lieu of the acceptable 6.0m to the south eastern rear boundary. Given the proposed development does not meet acceptable development standards, it has been assessed in accordance with the relevant performance criteria of the R Codes which states:

"Direct overlooking of active habitable spaces and outdoor living areas of dwellings is minimised by building layout, location and design of major openings and outdoor active habitable spaces, screening devices and landscape, or remoteness.

Effective location of major openings and outdoor active habitable spaces to avoid overlooking is preferred to the use of screening devices or obscured glass.

Where these are used, they should be integrated with the building design and have minimal impact on residents' or neighbours' amenity.

Where opposite windows are offset from the edge of one window to the edge of another, the distance of the offset should be sufficient to limit views into adjacent windows".

As the proposed dining room and kitchen windows will overlook the large back yard of No. 6 Norco Way, Bayswater it is considered that the overlooking variation will not unduly impact on the amenity of the affected property. The City also received a letter of non-objection from the affected landowner in relation to the proposed cone of vision variation.

In light of the above, the variation is considered to meet the relevant performance criteria and is supported.

Rear Setback The application proposes a first floor setback variation to the south east boundary. The proposal includes a 2.9 metre setback in lieu of 3.3 metres to the rear boundary. The performance criteria state the following with regard to boundary setbacks:

“Buildings setback from boundaries other than street boundaries so as to:

• provide adequate direct sun and ventilation to the building;

• ensure adequate direct sun and ventilation being available to adjoining properties;

• provide adequate direct sun to the building and appurtenant open spaces;

• assist with the protection of access to direct sun for adjoining properties;

• assist with ameliorating the impacts of building bulk on adjoining properties; and

• assist in protecting privacy between adjoining properties”.

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The dwelling at No. 6 Norco Way, Bayswater is setback approximately 18 metres from the subject boundary.

The proposed setback variation is not considered to unduly impact the amount of sunlight or ventilation to the subject dwelling, neighbouring properties or open spaces.

The setback variation is also not considered to unduly impact on the adjoining property owners in terms of building bulk or privacy.

The City received a letter of non-objection from the affected landowner in relation to the proposed setback variation. It is considered that the setback variation meets the performance criteria and is supported.

In light of the above, the proposal is recommended for approval, subject to appropriate conditions.

Summary

Assessment of the application indicates that the proposal complies with the R Codes and the City's TPS 24 and policies with the exception of wall height, roof height, retaining wall height, privacy setback and rear setback. The proposal is considered to meet the relevant performance criteria of the R Codes and is not considered to unduly impact on the amenity of the area.

Accordingly, the proposal is recommended for approval subject to appropriate conditions.

Voting Requirements

Simple Majority Required.

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee/Officer Recommendation to Council

CR ALAN RADFORD MOVED, CR SYLVAN ALBERT SECONDED

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

Committee/Officer Recommendation to Council

That planning approval be granted for the proposed additional two (2) storey grouped dwelling at Lot 12, No. 55 Queen Street, Bayswater, in accordance with the MRS Form 1 application dated 3 June 2011 and plans dated 15 August 2011, subject to the following planning conditions:

1. The development/use subject of this approval must be SUBSTANTIALLY COMMENCED within a period of two (2) years of the date of this approval notice. If the development is not substantially commenced within this period, this 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.

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4. 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

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

6. The approved garage parapet/boundary wall and footings abutting the north west boundary must be constructed wholly within the subject allotment. The external surface of the parapet/boundary wall shall be finished to a professional standard to complement the dwelling on the adjoining lot, to the satisfaction of the City of Bayswater.

7. 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.

8. Retaining walls exceeding 500mm in height (above natural ground level) are to be designed by a suitably qualified practising engineer, to the satisfaction of the City of Bayswater.

9. The existing dwelling is to comply with the grouped dwellings requirements of the Residential Design Codes, including (but not limited to):

(a) provision and construction of at least two (2) car bays;

(b) provision of a permanent enclosed storage area; and

(c) provision of an outdoor living area, with a minimum area of 30m2 and minimum dimension of four (4) metres.

10. All stormwater and drainage runoff produced onsite is to be disposed of onsite via the use of soakwells. The size of the soakwells are to be calculated by use of the formula VOL(m3) = AREA (m2) x 0.0125, where VOL is total storage volume of soakwells and AREA is total roofed and paved areas. Connection to the City’s stormwater system, where available, may be permitted as an overflow only if to the satisfaction of the City of Bayswater.

11. The applicant is to make arrangements to the satisfaction of the Water Corporation for the provision of reticulated sewerage to all lots/units within the subdivision/development. Where the Water Corporation reticulated sewer is not available the premises are to be connected to an approved wastewater treatment system which complies with the requirements of the Treatment of Sewage and Disposal of Effluent and Liquid Waste Regulations and the Government Sewerage Policy Perth Metropolitan Region.

12. Any existing septic system is to be decommissioned to the satisfaction of the City of Bayswater and in accordance with the Treatment of Sewage and Disposal of Effluent and Liquid Waste Amendment Regulations (No.2) 1997.

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13. All vehicle crossings being upgraded, designed and constructed to the satisfaction City of Bayswater. Payment for the crossover is required prior to the issue of a building licence.

14. The existing and/or proposed driveways being constructed with brick paving or concrete to the satisfaction of the City of Bayswater.

15. The applicant is to offer the adjoining landowners at No. 6 Norco Way, Bayswater an independently prepared dilapidation survey prior to the commencement of any works.

16. The applicant is to offer the adjoining landowners at No. 6 Norco Way, Bayswater an independently prepared dilapidation survey at the completion of the works.

Moved: Seconded:

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ORDINARY COUNCIL MEETING AGENDA 22 NOVEMBER 2011

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11.1.7 Proposed Transportable Office at Bayswater Police Station Location: Reserve 35891, Nos. 75-77 Whatley Crescent, Bayswater Attachments: No. 1 - Location Plan and Site Photographs

No. 2 - Detailed Plans File No: DA11-0568 Applicant: Sandover Pinder Architects Owner: WA Police Officer: Director of Planning and Development Services

Application

MRS Form 1 and plans dated 4 August 2011 have been received for a transportable office building at the Bayswater Police Station at Reserve 35891, Nos. 75-77 Whatley Crescent, Bayswater.

The proposal is for a 12m by 3m, 2.4 metre high transportable office located centrally on site in the existing car parking area. The applicant has indicated that the transportable office building is temporary and will be used by six (6) forensic division officers for an 18 month duration for day-to-day office administration-based activities.

The property is a local reserve in Town Planning Scheme No. 24 (TPS 24). TPS 24 does not outline development standards for local reserves therefore Council consideration is required to determine the appropriate development standards for a police station.

As the proposal is considered to be public works by a public authority, the City is required to make a recommendation to the Western Australian Planning Commission, who makes the final determination.

Background

Town Planning Scheme No. 24 Zoning: Local Reserve - Public Purposes

Use Class: Police Station

Lot Area: 1,863 m²

Existing Land Use: Police Station

Surrounding Land Use: Railway, Shop, Single House

Size/Nature of Proposed Development: Transportable Office 36m²

Comment

The subject property is a local reserve in TPS 24 (TPS 24). TPS 24 does not outline development standards for local reserves. There are two (2) key elements of this report that are to be considered by Council including the appropriateness of use and car parking.

Appropriateness of Use The proposal will allow for six (6) additional forensic division officers to undertake the administrative and operational functions at the police station. The transportable office component comprises approximately 8% of the proposed floor area and is considered incidental to the Police Station.

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Given the scale and nature of the transportable office building, the proposal is not considered to unduly impact on the amenity of the area and is considered acceptable.

Car Parking There are currently 17 car bays on site. The transportable office building is proposed to be constructed over two (2) car bays. As TPS 24 does not outline development standards for local reserves, the proposal has been assessed against the car parking standards for an office. TPS 24 requires four (4) car bays per 100m² of gross leasable area for an office. As the proposal incorporates a transportable office of 36m², an additional two (2) car bays are required, resulting in a shortfall of four (4) car bays.

The City has been advised that a maximum of 24 employees will be on duty at any one time. A large proportion of these employees will be on patrol for most of the shift. Casual investigation of the site indicates that an average of 10 car bays are available for the community during standard work hours. The parking is not considered to unduly affect the amenity of the area. It is recommended that Council advise the Western Australian Planning Commission (WAPC) that it supports the proposed transportable office building subject to appropriate conditions.

Summary

The proposal is for a temporary transportable office building at Bayswater Police Station. The property is a local reserve in TPS 24. TPS 24 does not outline development standards for local reserves therefore Council consideration is required to determine the appropriate development standards for a police station. The proposal is not considered to unduly affect the amenity of the area.

It is recommended that Council advise the WAPC that it supports the proposed transportable office building subject to appropriate conditions.

Voting Requirements

Simple Majority Required.

At the Planning and Development Services and Administration and Community Services Committee Meeting:

At 8:58pm, Cr Martin Toldo withdrew from the meeting and did not return. Committee/Officer Recommendation to Council

CR SYLVAN ALBERT MOVED, CR SONIA TURKINGTON ALBERT SECONDED

CARRIED: 6/1

FOR: Councillors Kenyon, JP, Pittaway, Radford, Albert, Sabatino and Turkington. AGAINST: Councillor Robinson.

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Committee/Officer Recommendation to Council

That the Western Australian Planning Commission be advised that the proposed transportable office building at existing police station at Lot 35891, Nos. 75-77 Whatley Crescent, Bayswater is supported in accordance with application and plans dated 4 August 2011, subject to the following planning conditions:

1. The transportable office building is to remain onsite for no longer than two (2) years from the date of this approval notification.

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. 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.

Moved: Seconded:

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ORDINARY COUNCIL MEETING AGENDA 22 NOVEMBER 2011

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11.1.8 Proposed Two (2) Storey Additions to Two (2) Existing Warehouses Location: Lots 76 and 77, Nos. 9-11 Moojebing Street, Bayswater Attachments: No. 1 - Location Plan and Site Photographs

No. 2 - Detailed Plans File No: DA11-0455 Applicant: Tascone Designs Team Owner: Idaben Pty Ltd Officer: Director of Planning and Development Services

Application

MRS Form 1 and plans dated 8 July 2011 have been received for proposed additions to the two (2) existing factories at Lots 76 and 77, Nos. 9-11 Moojebing Street, Bayswater.

The applicant proposes two (2) two-storey additional factories at the rear of the subject site which will include two (2) offices, two (2) toilets, two (2) mezzanine storage areas as well as two (2) factory areas.

Council consideration is required as the applicant is seeking variations to Town Planning Scheme No. 24 (TPS 24) for the requirements relating to truck loading/unloading manoeuvring and access, front setback, plot ratio, site coverage, parking and landscaping. Council determination is also required as an 'office' is a discretional use within the general industrial zone.

Background

Town Planning Scheme No. 24 Zoning: General Industry

Use Class: Factory - 'P' Office - 'D'

Lot Area: 2,024m2 2,023 m2

Existing Land Use: Two (2) Factories

Surrounding Land Use: Factory, Warehouse, Residential

Size/Nature of Proposed Development: Two (2) Storey Factory and Office Additions

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SCHEME PROVISIONS REQUIRED PROVIDED

Setbacks

Front (SW) Rear (NE) Side (SE) Side (NW)

13.5m 3.0m (Nil for parapet walls) 6.0m (Nil for parapet walls) 6.0m (Nil for parapet walls)

9.0m Nil

1.0m Nil/6.0m

Maximum Site Cover 50% 65%

Maximum Plot Ratio 0.5 0.67

Parking 56 car bays 15 car bays*

Landscaping 10% (including a 2.0m wide strip along street frontage

0.3% (no landscaping strip along street frontage)

[[[

* 19 bays were shown on submitted plans, however several bays do not meet the relevant requirements as addressed under 'Parking'

The site contains two (2) single storey factories built in 1962. The applicant has advised the City that the tenants are currently operating an office furniture manufacturing business in both the factories at Nos. 9-11 Moojebing Street. The proposed factory and office additions will provide for expansion of the current business.

The neighbouring property at No. 13 Moojebing Street is currently occupied by an importer business. This property is not a party to this application.

Comment

Strategic Implications The subject site is located within the Ashfield Precinct Plan area, which is a joint regeneration project involving the City along with the Department of Planning and Town of Bassendean. Council, at its Ordinary Meeting of 27 October 2009, supported the Plan as a visionary document to guide the future medium to long term redevelopment of the area as a vibrant town centre with a mix of residential, commercial and light industrial land uses. The Plan proposes significant changes to land uses and zonings in some parts of the area. Town planning scheme amendments to rezone the land and other measures such as urban design guidelines will be required to fully implement the Plan.

Until this work is completed, Council is required to determine applications received based on the current zoning of the land, which is general industry.

Compliance with Scheme Provisions Assessment of the application indicates that the proposal does not comply with the requirements of the City's TPS 24 and policies with regard to truck loading/unloading manoeuvring and access, front setback, plot ratio, site coverage, parking and landscaping. Council determination is also required as an 'office' use is a discretional use within the general industry zone.

Appropriateness of Use The proposed development contains an office component which is proposed to facilitate the day to day administrative functions of the two (2) factories. An 'office' use is a discretional use within the general industry zone under TPS 24.

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The office component comprises approximately 5.2% of the proposed gross leasable area and is considered incidental to the main factory activities. The inclusion of the office component of the proposal will allow for the streamlining of business operations and enable the administrative and operational functions to be contained within a singular site. The office is not considered to unduly impact on the amenity of the area and is considered acceptable.

Truck Loading/Unloading The proposed additions do not provide adequate space within the property boundaries for truck loading/unloading manoeuvring and access. With the additional buildings and car bays proposed at the rear of the site, the City's Technical Services have advised that the additions will inhibit heavy rigid vehicle access. Technical Services have further advised that there will not be adequate area to effectively manoeuvre within the lot boundaries and exit the property. TPS 24 requires that service areas in industrial areas are required to provide adequate area to manoeuvre within the property boundaries and then to exit onto the road in a forward gear. The truck loading and unloading area is currently located at the rear of the subject site. Currently there is sufficient area for a truck to access the loading/unloading area using the north accessway then to exit the property via the same accessway. It is acknowledged that the accessway between the two (2) lots (No. 11 Moojebing Street and No.13 Moojebing Street) is being used informally however this is not formally approved and can not be considered as No. 13 Moojebing Street is not a party to this application.

It is considered that the proposed additions will remove the ability for the development to be serviced in terms of truck loading/unloading. It is considered fundamental to ensure that the ability of the site to provide for truck delivery and pickup from the site is maintained. It is not considered acceptable that trucks park in the street or are required to reverse the length of the driveway, given that the site currently provides sufficient space to manoeuvre.

Given the above, the lack of adequate truck loading/unloading manoeuvring and access areas is considered to be unacceptable and the proposed additions are therefore not supported. Bin Storage Area The proposed plans do not indicate a bin storage area or manoeuvring space for a heavy rigid vehicle to service the site in terms of refuse removal. The TPS 24 requirement for refuse removal is to be provided by way of a designated bin storage area screened by a wall no higher than 1.8 metres.

There is not sufficient area at the rear of the property for a bin storage area and the inability to accommodate a bin storage area at the subject site is a significant consideration. It is considered that the lack of bin storage area at the rear of the subject site will have undue impacts on the amenity of the subject site as well as the surrounding area, and is therefore not supported.

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Parking The two (2) existing factory units require a total of 43 car bays. Currently there are six (6) car bays provided in the front setback area resulting in a shortfall of 37 car bays. The proposed additions and existing factories require a total of 56 car bays where 19 have been proposed at the front and rear of the property, resulting in a shortfall of 37 car bays. As such the applicant is not proposing to increase the existing car parking shortfall, however, a number of the proposed car bays do not meet the relevant requirements. The applicant has proposed to reconfigure the existing six (6) car bays to provide nine (9) car bays. The revised configuration does not meet the relevant access and manoeuvring standards. It is considered that there is limited opportunity to revise the bays at the front to provide more than the existing six (6) car bays.

At the rear of the site 10 car bays are proposed however one of these bays is not in accordance with the Australian Standards 2890.6:2009 Off Street Parking for People with Disabilities. The effect of this is that one (1) bay at the rear will need to also be removed to meet the standards.

After the reduction in the number of car bays as detailed above, there are 15 car bays provided on site, resulting in a 41 bay shortfall. It is considered that the parking proposed is insufficient for the proposed use, particularly as the office and factory additions are to be located in an area at the rear of the site that is currently used for parking and manoeuvring.

It is also noted that the applicant seeks to have 10 car bays at the rear of No. 13 Moojebing Street as part of this application. This is not considered acceptable as No. 13 Moojebing Street is not a party to this application. Furthermore the proposed 10 car parking bays would remove the capacity for trucks to service the development at No. 13 Moojebing Street.

In light of the above, the car parking shortfall is not supported. Joint Use of Parking Facilities The applicant has advised that the subject site has reciprocal rights-of-access to the neighbouring property at No. 13 Moojebing Street. This vehicle access to the rear of the subject site is currently being achieved via the vehicle accessway located within the property boundaries of No. 13 Moojebing Street. The City's records indicate that this accessway is being used informally and there is no legal agreement indicating reciprocal rights-of-access at No. 13 Moojebing Street or the subject site in relation to this matter.

Front Setback There is currently a setback of 9.0 metres to the primary street. TPS 24 states that a 13.5 metre setback to the primary street is required for a factory, however the setback is existing and is not being altered as a result of this proposal. Accordingly, the variation to the primary street setback is considered acceptable.

Landscaping The overall landscaping provided is calculated at 13.052m², which represents a total of 0.3% of the total site. The proposal does not provide a landscaping strip at the street frontage. The relevant development standards of TPS 24 require 10% of the site to be landscaped including a 2.0 metre wide landscaping strip to each street frontage. As the subject site is 4,047m², TPS 24 requires a total of 404.7m² of landscaping.

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In the immediate surrounding area the properties at Nos. 10-12 Moojebing Street and Nos. 14-16 Moojebing Street both provide landscaping in the form of grass and established trees within the front setback area. There are also a number of properties south east of Moojebing Street with little to no landscaping, specifically No. 13 Moojebing Street, No. 19 Moojebing Street, No. 20 Moojebing Street, Nos. 21-23 Moojebing Street and No. 27 Moojebing Street. Further south east on Moojebing Street are a number of properties zoned Residential R17.5/25.

As the site currently provides car parking at the front of the property there is limited opportunity to propose landscaping within the front setback area. The landscaping proposed at the rear of the site is not considered to positively contribute to the streetscape of the surrounding industrial and residential area.

The applicant has commented that the requirement under the TPS 24 is not feasible given the size of site and that the parking bays at the front of the site have been provided in lieu of the 2m landscaping strip. Installing the additional landscaping at the front would reduce the available bays. The proposed landscaping is not considered to be sufficient to enhance the amenity of the proposed development. It is acknowledged that there is limited opportunity for additional landscaping at the subject site however in the context of this application the landscaping variation is not supported.

Site Coverage and Plot Ratio The applicant has sought Council discretion for a variation to site coverage and plot ratio provisions for the proposal. The application proposes site coverage of 65 percent in lieu of the 50 percent and a plot ratio of 0.67 in lieu of the 0.5 plot ratio requirement permitted under TPS 24. The intent of open space under TPS 24 for a factory use is to provide area for vehicle manoeuvring and access, bin storage, landscaping and car parking. As previously discussed the applicant is proposing a parking shortfall of 41 car bays, landscaping at 0.3 percent of the site in lieu of the required 10 percent. The proposal also provides inadequate truck loading/unloading and manoeuvring as well as no provision being made on site for a bin storage area. It is not considered that the open space provided addresses these factors sufficiently.

The proposed plot ratio and site coverage variation is considered to have an undue impact on the streetscape of the locality and the amenity of the subject site. Given the above, the site coverage and plot ratio is considered to be excessive and therefore not acceptable.

Conclusion

The insufficient loading/unloading areas accompanied by the lack of provision for waste removal are considered significant issues. The proposal neglects to address core servicing requirements. Furthermore, the proposed car parking shortfall, inadequate landscaping and excessive site coverage and plot ratio variations are not considered to meet the TPS 24 requirements.

In light of the above, the application is recommended for refusal.

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Summary

Assessment of the proposed two (2) storey additions to two (2) existing factories at Nos. 9-11 Moojebing Street, Bayswater indicates that it does not comply with the truck loading/unloading manoeuvring and access, car parking, landscaping, bin storage area, plot ratio and site coverage requirements under TPS 24. The 'office' use of the land is also listed as a discretionary use under TPS 24. The proposed incidental office use is considered acceptable. Given that the application proposes to remove the capability to service the development in terms of waste removal, truck deliveries and pick ups as well as the other aforementioned variations at the subject site, the proposal is considered to unduly impact the amenity of the subject site and surrounding area, and is unacceptable. Accordingly, the application is recommended for refusal.

Voting Requirements

Simple Majority Required.

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee/Officer Recommendation to Council

CR ALAN RADFORD MOVED, CR SYLVAN ALBERT SECONDED

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

Committee/Officer Recommendation to Council

That planning application be refused for two (2) storey additions to two (2) existing factories at Lots 76 and 77, Nos. 9-11 Moojebing Street, Bayswater in accordance with the application and plans dated 8 July 2011, for the following reasons:

1. The proposal does not comply with the truck loading/unloading (refuse, storage and service), landscaping, car parking, plot ratio, site coverage, bin storage and front setback requirements of the City's Town Planning Scheme No. 24.

2. The proposal is inconsistent with the orderly and proper planning of the locality.

3. The proposal will unduly impact on the amenity of the subject property and the surrounding area.

Moved: Seconded:

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11.1.9 Proposed Additional Aged Care Building to Existing Aged Care Facility Location: Lot 4, No. 482 Guildford Road, Bayswater, Reserve 41792 and Lot 3206, No.37 Newton Street, Bayswater Attachments: No. 1 - Location Plan and Site Photographs

No. 2 - Detailed Plans File No: DA11-0684 Applicant: Silver Thomas Hanley Owner: Civilian Maimed and Limbless Association of WA Officer: Director of Planning and Development Services Refer: Item 12.4.7: OCM 25.2.2003

Application

MRS Form 1 and plans dated 31 October 2011 have been received for a proposed additional aged care building, car parking and bin store at Lot 4, No.482 Guildford Road, Bayswater, Reserve 41792 and Lot 3206, No.37 Newton Street, Bayswater.

The application comprises the construction of a single storey building containing 30 single bedroom units with a covered internal courtyard, a bin storage area and eight (8) additional car bays.

Council consideration is required for the following matters: 1. A shortfall in car bays; 2. A setback variation to the rear boundary; 3. A reduction in the width of an existing internal access road; and 4. The appropriateness of the bin store compound. Background

Town Planning Scheme No. 24 Zoning: Residential R17.5/25

Use Class: Aged or Dependent Persons - 'P'

Lot Area: 25,000m²

Existing Land Use: Aged Care Facility

Surrounding Land Use: Aged Care Facility, Grouped Dwellings, Eric Singleton Bird Sanctuary

Size/Nature of Proposed Development: Additional Aged Care Building

SCHEME PROVISIONS REQUIRED PROVIDED

Lot Area 2000m² 25,000m² Setbacks

Front Side Side Rear

15.0m 4.5m 4.5m 4.5m

135m 9m

90m 0m*

Maximum Site Cover 40% 34%

Parking 10 additional car bays Eight (8) additional car bays

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Lot 4, No.482 Guildford Road, Bayswater, and Lot 3206, No.37 Newton Street, Bayswater are owned and operated by the Civilian Maimed and Limbless Association for aged care accommodation. Reserve 41792 is vested with the City and contains drainage infrastructure, an access road and car bays for the aged care facility.

Comment

The application has been assessed and complies with the requirements of the City's Town Planning Scheme No.24 (TPS 24) and policies with the exception of the shortfall in car bays and the setback variation to the rear boundary.

Car Parking The plans indicate the construction of eight (8) additional car bays located within Reserve 41792 which are accessed from Newton Street via an internal road approximately 6m wide. The application proposes to modify the existing internal road layout and facilitate the construction of eight (8) additional bays.

The requirements of TPS 24 state that parking is to be provided at a rate of one (1) bay per staff member plus one (1) visitor bay for every four (4) beds under the development standard for a private hospital and rest home use. The applicant has indicated that two (2) additional carers are to be employed and 30 additional beds proposed, which generates a requirement of 10 additional car bays for the additional aged care facility under the requirements of TPS 24.

In support of the car parking shortfall, the applicant has advised that due to the nature of the aged care use, there is generally a surplus of car bays available on site during week days, with higher demand on weekends and special dates such as Christmas and Easter due to increased visitors. There are also additional car bays associated with adjoining Lot 3206, No. 37 Newton Street, Bayswater and within the subject site which would assist in satisfying parking demand for car bays. It is considered that the additional eight (8) bays in conjunction with existing parking areas on the site would adequately cater for the increase in demand without unduly affecting the amenity of the area.

Rear Setback The plans show the proposed additional aged care building having a nil setback from the rear boundary where the subject site adjoins Reserve 41792 containing car bays and an internal access road. TPS 24 requires a minimum setback of 4.5m.

Building setbacks are intended to ensure that new development is appropriately separated from adjoining buildings, to provide area for additional facilities such as parking and manoeuvring areas and to ensure an appropriate setting for the building. The proposed nil rear setback is considered to be balanced by the area of Reserve 41792, which is approximately 20m wide and provides additional area for parking and manoeuvring and appropriate separation to other nearby buildings. The relaxation of the TPS 24 setback requirement is not considered to unduly affect the amenity of the adjoining aged care units in the vicinity of the proposed additional aged care building.

Bin Store The applicant has proposed to delete the existing bin storage area presently located adjacent to the Newton Street cul-de-sac, and to construct a new bin store area in the southern portion of Reserve 41792.

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Two (2) car bays are proposed to be deleted from Lot 3206, No.37 Newton Street, Bayswater to facilitate the new bin store location which is to be screened with 1.8m high walls in accordance with the provisions of TPS 24. The City's officers have indicated to the applicant that the proposed location of the bin storage area will result in it being visible from the adjoining Eric Singleton Bird Sanctuary, and that there are considered to be more appropriate locations for the bin store area.

The applicant has indicated that the bin store location is desirable from an operational perspective as the location is relatively discreet within the site, is easily accessible to staff and is effective in terms of providing appropriate vehicular access for rubbish vehicles. The applicant has acknowledged officer concerns regarding the location and visibility of the bin store from the adjoining park and in this regard has proposed to modify and extend the existing limestone wall on the western boundary facing the park to conceal the bin compound from the adjoining parkland. The applicant has provided an indicative perspective drawing of the proposed bin store (Refer to Attachment No. 2). Whilst the bin store location would be visible for persons entering the Eric Singleton Bird Sanctuary and Riverside Gardens, the proposed location and associated treatments are not considered to unduly affect the amenity of the reserve.

Access Road The applicant has proposed to modify the internal road which runs parallel to Newton Street along the north east of the proposed aged care building. It is proposed to reduce the width from 6m to 4m and modify to provide one-way traffic flow. The road is an internal access road which is intended for use by services vehicles only, and the modification is not considered to unduly affect the amenity of the surrounding area. On this basis, the City has no objection to the road modification as proposed.

Traffic The applicant has provided a traffic report addressing the effects of additional traffic associated with the additional aged care facility building.

The applicant's traffic report states that there will be a minimal increase in vehicle activity as a result of the proposal, and has recommended minor modifications to kerbing to facilitate appropriate access to the new bin location by service vehicles, which are included as conditions in the officer's recommendation.

Based on the above, it is considered that the application be recommended for approval subject to appropriate conditions.

Summary

The application for a 30 bed aged care building with additional parking proposes variations to the number of car bays, the rear setback and width of the internal access road. The number of car bays is considered to be sustainable given the low usage of visitors on week days and additional parking being available on the adjoining site.

The proposed rear setback is considered to be balanced by the width of the adjoining drainage reserve, which provides an effective buffer to existing buildings and provides an appropriate setting for the proposed additional aged care building.

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The reduced width of the internal access road is considered acceptable, based on it being an internal road and the road being altered to be one-way only. The applicant has proposed to extend the existing limestone wall for screening purposes, and it is considered that the external appearance of the bin store facing the park is not likely to unduly impact on the amenity of the area. A condition is included which provides for minor kerb modifications to facilitate appropriate vehicle access for service vehicles as recommended in the applicant's traffic report. Based on the above, the application is recommended for approval subject to appropriate conditions.

Voting Requirements

Simple Majority Required.

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee/Officer Recommendation to Council

CR ALAN RADFORD MOVED, CR SYLVAN ALBERT SECONDED

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

Committee/Officer Recommendation to Council

That:

1. Planning approval be granted for the proposed additional aged care building, bin storage area and car parking to existing aged care facility at Lot 6, No. 482 Guildford Road, Bayswater, Reserve 41792 and Lot 3206, No.37 Newton Street, Bayswater in accordance with the application DA11-0684 and plans dated 31 October 2011, subject to the following planning conditions:

(a) Kerbing to be modified in two (2) locations as indicated in the applicant's 'Traffic Analysis Report - November 2011' to the satisfaction of the City.

(b) The development/use subject of this approval must be SUBSTANTIALLY COMMENCED within a period of two (2) years of the date of this approval notice. If the development is not substantially commenced within this period, this 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.

(c) The development shall be carried out only in accordance with the terms of the application as approved herein, and any approved plan, including any notations in red on the approved plan.

(d) 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.

(e) 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.

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(f) All stormwater and drainage runoff produced onsite is to be disposed of onsite via the use of soakwells. The size of the soakwells are to be calculated by use of the formula VOL(m3) = AREA (m2) x 0.0125, where VOL is total storage volume of soakwells and AREA is total roofed and paved areas.

(g) A geotechnical report covering the development area being prepared by a suitably qualified practitioner at the applicant’s cost, to the satisfaction of the City of Bayswater. The report is to be lodged with the building licence application, together with certification from a structural engineer that the design is suitable for the site conditions as outlined in the Geotechnical Report.

(h) The vehicle parking area shall be sealed, kerbed, drained and line-marked in accordance with the approved plans and specifications and shall be thereafter maintained to the satisfaction of the City of Bayswater.

(i) All vehicle crossings being upgraded, designed and constructed to the satisfaction City of Bayswater. Payment for the crossover is required prior to the issue of a building licence.

(j) Landscaping and reticulation must be completed in accordance with the approved plans prior to occupation of the development and thereafter maintained to the satisfaction of the City of Bayswater.

(k) The applicant is to make arrangements to the satisfaction of the Water Corporation for the provision of reticulated sewerage to all lots/units within the subdivision/development.

(l) A bin area is to be provided of not less than 10m2 and with a permanent water supply and drainage facility for washdown. The bin area is to be screened by a gate and limestone walls to a height of not less than 1.8m. The gates to be closed at all times except for when rubbish is being collected or disposed from the bin storage area.

(m) The proposal to be in accordance with the provisions of the Building Code of Australia with particular regard to the number of rooms for people with disabilities and access for people with disabilities.

2. The applicant be advised of the following:

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

(b) Premises to comply with the requirements of the Health Act 1911 as amended and all relevant health legislation;

(c) Premises to comply with the requirements of the City of Bayswater Health Local Laws 2001;

(d) The noise generated from construction and operational activities is not to exceed the levels prescribed under the Environmental Protection (Noise) Regulations 1997;

(e) Ventilation is to comply with the requirements of the Sewerage (Lighting, Ventilation and Construction) Regulations 1971 - (Note:- Water closets to be mechanically ventilated and flumed to external air)

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(f) The applicant is to make arrangements to the satisfaction of the Water Corporation for the provision of reticulated sewerage to the lot within the development.

(g) Compliance with the Health (Air Handling and Water Systems) Regulations 1994 and relevant Australian Standards eg AS 1668.2 “the use of mechanical ventilation and air conditioning in buildings” and AS 3666 “Air-handling and water systems of buildings –microbial control part 1: Design, installation and commissioning”.

(h) Appropriate measures shall be implemented to prevent or control dust in accordance with the Dust Control Guidelines produced by the Department of Environmental Protection or as directed by the City's Manager of Environmental Health.

Moved: Seconded:

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At the Planning and Development Services and Administration and Community Services Committee Meeting:

Item 1.10 was dealt with as the first item after Deputations.

At 7:53pm, Cr Graham Pittaway returned to the meeting.

11.1.10 Proposed 19 Unit Motel Location: Lot 801, Nos. 10-14 Rose Avenue, Bayswater Attachments: No. 1 - Location Plan and Site Photograph

No. 2 - Detailed Plans No. 3 - Concept Plan 1 December 1999 No. 4 - Submissions Map and Table

File No: DA11-0419 Applicant: Viskovich D & D Pty Ltd Owner: Marchesi, Sardelic and Sundown Coast Pty Ltd Officer: Director of Planning and Development Services Refer: Item 11.1.10: OCM 27.9.2011 reconvened 4.10.2011 Item 8.2: OCM 14.12.1999

Application

MRS Form 1 dated 27 June 2011 and revised plans dated 11 October 2011 have been received for a proposed two (2) storey, 19 unit motel and an associated carpark area at Lot 801, Nos. 10-14 Rose Avenue, Bayswater.

Council, at its Ordinary Meeting 27 September 2011, reconvened on 4 October 2011, considered the application and previously submitted plans, and resolved the following:

"That the item be deferred for one (1) month to allow the residents of Rose Avenue Bayswater, time to review the proposed development and revised plans."

The applicant provided the City with amended plans on 11 October 2011. The following changes were made to plans dated 13 September 2011:

• Increased front setback from 1.5m-2.5m to 2.0m-3.0m;

• Revised roof form to include five (5) individual roof pitches across the Rose Avenue frontage;

• Finished floor level reduced by 0.5m;

• Screening applied to the north-west side of the rear stairwell; and

• The reinstatement of four (4) car parking bays at the Bayswater Hotel car parking area.

The City sent a copy of the plans to the property owners on Rose Avenue on 17 October 2011 requesting comment within 14 days. The City received three (3) further submissions in this comment period, in addition to the six (6) submissions previously received. The additional submissions were each from owners who had previously provided an objection to the proposal.

Council consideration is required in order to consider variations to the lot area, front setback, side setbacks and car parking provisions of the City's Town Planning Scheme No. 24 (TPS 24).

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In support of the proposal the applicant has advised the following:

• Privacy will not be impacted as there will be no additional traffic on Rose Avenue;

• The proposed development will enhance the ambience and amenity of Rose Avenue in lieu of vacant land and the area will become more visually appealing especially when the landscaping is completed;

• The plans have been amended to accommodate the existing heritage appeal and characteristics of Rose Avenue;

• Reduced front and side setbacks will have minimal impact on the adjoining properties;

• The development will have a minimal overshadowing effect; and

• Neighbourhood amenity, light and views have been taken into account and are considered acceptable.

Background

Town Planning Scheme No. 24 Zoning: Special Purpose

('Permitted Uses -

(1) Hotel

(2) Hotel/Motel Units

In accordance with concept plan dated May 1999 Ref 93139MPO3')

Use Class: Motel – 'P'

Lot Area: 1,092m²

Existing Land Use: Vacant

Surrounding Land Use: Business, Residential, Hotel, Car Parking

Size/Nature of Proposed Development: Two (2) Storey 19 Unit Motel

SCHEME PROVISIONS REQUIRED PROVIDED

Setbacks

Front (SW) Side (NW) Side (SE) Rear (NE)

13.5m 5.0m 5.0m

10.0m

2.0m-3.0m 1.5m Nil

19.5m

Lot Area 4,000m² 1,092m²

Maximum Site Coverage 50% 31.4%

Maximum Plot Ratio 1.0 0.62

Parking 19 car bays 18 car bays

Landscaping 10% including 2.0m wide strip along street frontage.

13.8% including 2.0m-3.0m wide strip along

street frontage

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Scheme Amendment and Concept Plan Council at its Ordinary Meeting on 14 December 1999 endorsed an amendment to the then City's Town Planning Scheme No. 21 (TPS 21) which changed the zoning of the subject site from 'Residential R17.5/25' to 'Special Purposes - Hotel/Motel Units'. The rezoning was prefaced on the general form and boundaries indicated on the concept plan dated 1 December 1999 (Refer to Attachment No. 3). It is noted that TPS 24 references the plan as 'May 1999' which appears to be a misprint and should state 1 December 1999. The subject site was previously three (3) residential lots which were subsequently amalgamated into Lot 801. The Council resolution of 14 December 1999 stated the following with regard to the content of the concept plan:

"The applicant be advised that design details including, but not limited to:

• Setbacks (street and side).

• Car parking/loading/unloading and servicing to be contained on site with access via Drake Street and/or Railway Parade.

• Architectural Design.

• The number of motel units permitted will be assessed at the development application stage and support for the rezoning should not be construed as support for any of the details indicated on the submitted concept plan."

Concept plans are sometimes requested when considering scheme amendments in order to assess the appropriateness of proposed development. In this case, a concept plan had been provided in order to demonstrate that a motel could reasonably operate on a lot which is significantly smaller than that required under TPS 21. Whilst the setbacks, car parking, servicing areas, architectural design and number of units were to be assessed at the development application stage, the general form and boundaries set out on the plan were noted, and the amendment was endorsed by Council on 14 December 1999. Given that the plan formed part of the amendment and was implicitly referenced, it is considered that it has more significance than a standard concept plan. TPS 24 notes that the permitted uses (hotel and hotel/motel units) are to be in accordance with the concept plan. The concept plan encompassed the following key design aspects which are relevant to this application:

• Car parking provided at the rear of the site, accessed from Drake Street;

• Pedestrian access from Rose Avenue;

• A front setback of 1.5m - 2.5m for verandahs and 3.0m - 4.0m for the main wall of the building;

• Side setbacks of 1.5m to the north west boundary and 0.5m to the south east boundary;

• 'Juliette style' balustrades to the upper floor motel units; and

• Five (5) individual roof pitches fronting Rose Avenue;

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Bayswater Hotel Site

The adjoining property at Lot 800, Nos. 78-80 Railway Parade contains the Bayswater Hotel. Parking is provided for at the rear of the hotel and is accessible from Drake Street. Council, at its Ordinary Meeting on 18 May 1999, approved a total of 101 car bays for the Bayswater Hotel as part of additions to the existing hotel. This entailed a 45 bay variation to the then Scheme provision of 146 bays. Subsequent approvals have been granted on 6 October 2005 for a patio addition, and 31 July 2007 for modifications to the hotel. Both approvals were premised on parking remaining as per the existing arrangement.

Council has since adopted the Car Parking in Town Planning Scheme No. 24 Area Policy (TP-P1-9) on 19 April 2011. The policy enables a 50 percent dispensation for the subject site which could reduce the parking requirement to 73 bays, representing a surplus of 28 bays.

Rose Avenue Streetscape

Rose Avenue is a narrow cul-de-sac located in close proximity to the Bayswater Train Station. Development along Rose Avenue began in the late 1890s to early 1900s. The streetscape accommodates eight (8) single-storey dwellings (on land zoned Residential R17.5/25), the Bayswater Hotel and the vacant subject site. The properties at Nos. 5 and 5A and Nos. 16-18 Rose Avenue are listed on the City's Municipal Heritage Inventory (MHI). Similarly, the Bayswater Hotel at Nos. 78-80 Railway Parade is listed on the MHI. Each of the abovementioned heritage properties are situated within approximately 1m of the respective boundaries to Rose Avenue. Later development on Rose Avenue, namely the residential dwellings at Nos. 7, 9, 11, 13 and 15 have primary street setbacks of between 5m and 12m.

Advertising of Application

The City sought comment from the property owners on Rose Avenue on 29 August 2011 requesting comment within 14 days. Revised plans were provided to the owners on 5 September 2011.

The City sent a letter to the landowners on 13 September 2011 advising that comments would be accepted up until 26 September 2011. By extending the comment period, it lasted for a total of 29 days.

Further amended plans were received from the applicant on 13 September 2011 addressing some of the issues raised by the submitters.

The applicant provided the City with further amended plans on 11 October 2011. The following changes were made to plans dated 13 September 2011:

• Increased front setback from 1.5m-2.5m to 2.0m-3.0m;

• Revised roof form to include five (5) individual roof pitches across the Rose Avenue frontage;

• Finished floor level reduced by 0.5m;

• Screening applied to the north-west side of the rear stairwell; and

• The reinstatement of four (4) car parking bays at the Bayswater Hotel car parking area.

The above changes primarily relate to design modifications which were raised as issues in the previous report. The City sent a copy of the most recent to the property owners on Rose Avenue on 17 October 2011 requesting comment within 14 days.

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Submissions

The proposal was advertised to the adjacent landowners along Rose Avenue. The City has received submissions from six (6) of the surrounding landowners. Four (4) landowners provided two (2) separate submissions. The submitters raised the following key issues:

• Potential for traffic congestion on Rose Avenue;

• The proposed development will overshadow the existing properties along Rose Avenue;

• The proposed development will impact the privacy of the residents along Rose Avenue;

• The proposed development will destroy the ambience and amenity along Rose Avenue;

• The proposed gate is not supported as the current rubbish disposal on Rose Avenue looks awful;

• The plans indicate that the development does not fit in with the existing heritage characteristics of Rose Avenue;

• The development will transform Rose Avenue from a family friendly residential street to a commercial oriented street;

• 1.5m front and side setbacks are not adequate for appropriate landscaping;

• The reduced front and side setbacks are not justified and will have an impact on the amenity of the neighbouring properties;

• The proposed setback relaxations are, in effect, a gift of over one million dollars to the hotel from the City;

• The fill of 0.5m is inappropriate and could result in damage to neighbouring properties;

• Provision is not made for 10 percent open space;

• No information has been given on the rear setback relaxation of 10m;

• The minimum lot size for a motel under TPS 24 is 4000m² and the variation of approximately 3000m² is not justified;

• A number of car bays on the submitted site plan (for the existing Bayswater Hotel) do not exist;

• Neighbourhood amenity, light and views have not been taken into account;

• The proposed development will increase noise and anti-social behaviour which is already prevalent from the hotel;

• The Scheme development standards preclude any realistic development on site and zero attempt has been made to compensate neighbours for non-compliance with the standards;

• There has been a lack on consultation between the applicant and the residents;

• The proposed development will devalue surrounding properties and lessen rental values;

• The proposal will result in a continuous stretch of two-storey development for 98 metres down Rose Avenue and will block views in that direction;

• Patrons have been witnessed in varying states of undress using the balconies of the existing motel units. A greater front setback would alleviate this problem;

• The owners should look at constructing the motel units along Drake Street which has other commercial development;

• The photograph taken (in the previous report) does not accurately represent the conditions of the street;

• Landowners who purchased properties after 1999 were not aware of the events that took place in 1999;

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• Given the solar orientation of the site, the front setback area does not seem to be an ideal environment for lawn and trees;

• The proposal should be limited to single storey development, comprised of less motel units; and

• The proposal has not been advertised to the broader community and is not in accordance with the provisions of Clause 3.3.2 of TPS 24.

The applicant has provided amended plans dated 11 October 2011, addressing some of the issues which were raised in the submissions. Principally, there is no provision for pedestrian or vehicular access from Rose Avenue, the front setback has been reduced, the finished floor level has been decreased, screening has been applied to the north-west stairwell and five (5) individual roof pitches have been incorporated to the frontage.

Comment

Assessment of the proposal indicates that it complies with the provisions of the City's TPS 24 and policies with the exception of the lot area, front setback, side setbacks, and car parking requirements.

Front Setback

The proposed development involves a setback of 2.0m for a 4.3m portion, while the rest of the building is setback 3.0m from the front boundary. The proposed balconies on the upper floor are setback 2.0m from the front boundary. These setbacks are a variation to the front setback requirement of 13.5m.

The reduced setbacks relate to similar setbacks along Rose Avenue. The existing Bayswater Hotel is situated within 1 m of the Rose Avenue street boundary. Similarly, residential dwellings at No. 5 and No. 5A Rose Avenue are situated within 1m of the front/street boundary and the dwelling at Nos.16-18 Rose Avenue is setback approximately 1m from the front/street boundary. Given that the buildings either side of the subject site are located in close proximity to the front property boundary, it is considered that the reduced setback complements the continuity of the streetscape.

On the other hand, the concept plan dated 1 December 1999 provided a front setback of between 1.5m and 2.5m to verandahs and between 3.0m and 4.0m to the main wall of the building. The current proposal does not include verandahs, which provides a greater separation between the building and the street.

The applicant has instead provided additional landscaping in the front setback area which is considered to assist in ameliorating the impacts of the building. The setbacks chosen enable parking to be provided at the rear of the site, rather than having to access via Rose Avenue.

In response to the plans dated 11 October 2011, submitters commented that alternative design options to increase the front setback to 13.5m had not been considered. Whilst the front setback could be increased, some or all of the parking bays would be relocated to the Rose Avenue side of the site. This solution would entail increased traffic and noise on Rose Avenue and is considered to have a greater impact on the residents than a motel building which has no pedestrian or vehicle access to Rose Avenue. Alternatively, the applicant would need to significantly change the design to allow for cantilevered development with rear car parking bays underneath the motel units. This option is not considered to be consistent with the concept plan.

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One (1) submitter also raised the possibility of relocating the motel units to Lot 800, fronting Drake Street. It is not considered a reasonable option to relocate the development onto a different allotment, Lot 800, particularly given that this area is a 'Public Purposes' reserve (Car Park).

The front setback variations to TPS 24 and the concept plan are not considered to have an undue impact on the streetscape or the amenity of the locality.

Side Setbacks

The applicant has proposed a 1.5m setback to the north west side boundary. The wall facing the north west boundary is 10m in length and 5.5m in height. The required side setback under TPS 24 is 5m. The adjoining landowner objects to the reduced setback and has argued that it would have a negative impact on amenity.

The dwelling at Nos. 16-18 Rose Avenue is setback approximately 9m from the subject side boundary and it is considered that any reduction of sunlight and ventilation will be minimal. The reduced setback is not considered to reduce the level of privacy as the subject wall contains only two (2) bathroom windows and the adjoining stairwell is screened. In terms of visual impact, if the site was zoned Residential R17.5/25, as is the case with adjacent properties, a dwelling with a wall height of 5.5m and length of 10m would require a 1.5m setback. It is also noted that the concept plan dated 1 December 1999 included a 1.5m setback to the north west boundary.

A nil setback has been proposed to the south-east side boundary. The existing hotel at Lot 800, Nos. 78-80 Railway Parade has existing motel units on this side of the site. The reduced setback has been proposed in order to connect the existing motel units with the additional proposed motel units. Again, the setback is similar to that of the concept plan dated 1 December 1999, which had a setback of 0.5m. The reduced setback is not considered to have an undue impact on the surrounding locality.

Rear Setback

The submitters raised concerns with the rear setback not being justified. The allowable rear setback for motels under TPS 24 is 10m. The motel is setback 19.5m and therefore complies with the relevant development standards.

Landscaping

The relevant development standards of TPS 24 require 10 percent of the site to be landscaped with a 2m wide landscaping strip along street frontages. The applicant has provided a landscaping strip of 2.0m-3.0m along the Rose Avenue street frontage. In addition to providing landscaping along the street frontage, the applicant has provided landscaping along the north west boundary. In total, 13.8 percent of the site is proposed to be landscaped. Therefore, the proposal meets the TPS 24 requirements for landscaping.

The submitters raised concerns with regard to the lack of landscaping between the building and side boundaries and have argued that 1.5m is not adequate. TPS 24 does not stipulate minimum landscaping widths for side boundaries. It is considered that adequate landscaping could be provided along the north west lot boundary which provides a separation between the motel units and the adjoining residential property at Lots 11 and 12, No. 16-18 Rose Avenue, Bayswater. A condition of the officer's recommendation requires a detailed landscaping plan to be submitted prior to the issue of a building licence, including landscaping along the north west boundary.

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Submitters also requested that the developer provide 10-15 mature shade trees on the north side of Rose Avenue to help ameliorate the impact of the reduced setbacks. It is considered that four (4) shade trees could be located on site in between the balconies of the motel units which would help to ameliorate concerns with regard to overlooking and visual impact. Trees are unable to be provided outside the allotment on Rose Avenue as the verge is only wide enough for a footpath. The officer's recommendation contains a condition requiring the applicant to submit a detailed landscaping plan, which includes four (4) shade trees within the front setback area, for approval of the City. This is also generally reflected in the current plans.

Parking and Vehicular Access

TPS 24 requires one (1) parking bay per motel unit. The applicant had previously provided 19 car bays for the 19 motel units including one (1) bay for people with disabilities.

Recent changes to Australian Standards (AS/NZS 2890.6) require that parking bays for people with disabilities are 4.8m in width. The proposed parking bay for people with disabilities was less than the required width and one (1) bay was removed in order to comply with the relevant Australian Standard. A shortfall of one (1) car bay is therefore requested. It is noted that the City's Car Parking in Town Planning Scheme No. 24 Area Policy (TP-P1-9) does not include a dispensation for motel units as it does for hotels.

A motel traditionally operates with respect to accommodation for persons with motor vehicles. Given that the adjoining site at Lot 800 (hotel site) has a surplus of parking bays based on the application of Policy TP-P1-9, it is considered that the shortfall of parking can be accounted for. The site is also located in close proximity to the Bayswater Train Station and the Bayswater Town Centre.

Vehicular access is provided at the rear of the site and vehicles will enter and exit using existing vehicle access points on Drake Street. Vehicles will manoeuvre through the existing car parking area and access through an automatic gate. Parking bays within Lot 800 have been reconfigured in order to allow access to the subject site through the car park. The proposal indicates a total of 100 parking bays on Lot 800, which is one (1) car bay less than the previous approval.

Nonetheless, the total of 100 parking bays still results in a surplus of 27 parking bays.

A reciprocal rights agreement for vehicular access and parking on Lot 800 will need to be executed prior to the issuance of a building licence. This will legally allow occupants of the proposed motel to use the parking and access ways on the hotel site.

Given the above, the shortfall of one (1) car bay for the proposed motel is considered to be sufficient.

Lot Area

The subject property is 1,092m² in area in lieu of the 4,000m² required for a motel units under TPS 24. The proposed motel units are intended to operate in conjunction with the Bayswater Hotel (Lot 800) which has a total lot area of 5,374m². Although the lots are intended to remain separate, it is noted that vehicular and pedestrian access will be provided for across Lot 800. The subject property is zoned 'Special Purpose' with the only permitted uses being hotel and hotel/motel units and the previous rezoning to permit these uses was premised on the current lot sizes.

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In light of the above, the variation to the minimum lot area requirement is considered acceptable.

Height and Fill

The applicant had previously proposed the finished floor level of the motel units at a level of 14.75, which equated to approximately 0.7m above the natural ground levels. The finished floor level has since been reduced by 0.5m to 14.25.

With the reduced finished floor level, the wall height is proposed at 5.5m above ground level while the height to the pitch of the roof is 7.6m above ground level. As a result of reducing the finished floor levels, the overall heights have decreased by 0.5m compared to the plans dated 13 September 2011. TPS 24 allows a maximum wall height of 6.0m and maximum height of 9.0m to the pitch of the roof. The proposed heights meet the TPS 24 requirements and are therefore considered to be acceptable.

One (1) submitter requested that the development be limited to single storey, and comprised less motel units. Two (2) storey development is considered acceptable within the City providing it meets height requirements. The overall height of the proposed building meets TPS 24 requirements, and the Scheme does not restrict the height of the motel units (or residential dwellings) to single storey.

Number of Units

Recent submissions have suggested that the number of units be reduced. TPS 24 does not stipulate specific requirements for the number of motel units on a site. It is considered that the number of units is controlled by measures such as site coverage, plot ratio and building heights. The development proposes a plot ratio of 0.62 and site coverage of 31.4 percent, where the TPS 24 requirement is 1.0 and 50 percent respectively. Most of the units measure approximately 32m² in area and are designed for short-stay accommodation. Given that the development complies with the requirements pertaining to plot ratio, site coverage and building height, 19 units is considered to be acceptable.

Visual Privacy

Submitters raised concerns with regards to visual privacy and overlooking. Eight (8) of the proposed motel units have balconies which are considered to be the main source of overlooking. The balconies are 1m in depth and 2.29m² in area. It is considered that balconies of this size will not provide for extensive social activities. The balconies are set back approximately 12m from the front boundary of the properties on the opposite side of Rose Avenue. Primarily, the balconies overlook the street and the front setback area of these properties. The balconies are considered to provide passive surveillance of the street and facilitate personal interaction with passersby without undue intrusion of the adjacent properties. Overlooking of front setback areas is considered acceptable as these areas are usually visible from the street.

The owner to the north west of the site had previously expressed concerns with regard to overlooking from the north west stairwell and requested it be screened. The amended plans dated 11 October 2011 provide screening on the subject stairwell. The north west wall also contains two (2) bathroom windows which are setback 1.5m from the north west boundary. The officer's recommendation contains a condition requiring the bathroom windows to be fixed and applied with obscure glazing, which will reduce any undue overlooking from these areas.

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Light and Overshadowing

Submitters raised concerns as to the potential for overshadowing and the lack of light reaching the properties on Rose Avenue. The applicant has provided the City with an overshadowing diagram which displays the shadow cast by the subject development at midday on 21 June (Refer to Attachment No. 2). The diagram shows that the shadow falls to the south of the site and overshadows approximately 7m of the Rose Avenue road reserve. The road reserve is 10m wide and the shadow does not reach the adjoining properties at the time when overshadowing is measured. The current proposed roof with five (5) pitches is also considered to reduce the bulk of the building and allow more light, compared to the applicant's initial proposal (refer to below comments).

Traffic, Commercial Activity and Social Problems Submitters raised concerns as to increased traffic and commercial activity on Rose Avenue along with associated anti-social problems. The current proposal has no pedestrian and vehicular access to and from Rose Avenue.

Vehicular and pedestrian access to the motel will be provided through the existing car park along Drake Street. There is limited evidence provided to substantiate that approval for the motel units would result in an increase in anti-social behaviour in the area. Notwithstanding, an appropriate condition has been included requiring the applicant to provide a management plan to address any potential issues in this regard, to the satisfaction of the City.

Noise Submitters raised concerns regarding a potential increase in noise. It is acknowledged that there may be additional noise impacts from the occupation and operation of the development. A condition has therefore been included in the officer's recommendation which requires the applicant to provide an acoustic noise modelling report and recommendations of the report being implemented into the final design at the building licence stage.

Property and Rental Value The submissions raised concerns that the development, namely the reduced setbacks, will have a negative impact on property and rental values. Impacts on property and rental values are not generally considered a land-use planning matter. One (1) submitter noted that no attempt has been made to compensate owners for reduced setbacks and that the setback relaxations are, in effect, a gift of over $1 million to the Bayswater Hotel from the City. Setback relaxations are considered on their planning merits in terms of TPS 24 and not compared to financial values.

Architectural Aspects

The proposed development is similar to that of the concept plan dated 1 December 1999. The key architectural features are addressed as follows:

Balconies: The applicant has provided balconies which protrude 1m from the building. The concept plan dated 1 December 1999 indicated 'Juliette style balconies' where the balcony does not protrude from the building but the balustrade acts as a decorative element.

Roof form: The concept plan dated 1 December 1999 provided five (5) individual roof pitches, each with two (2) units contained within. The current plans dated 11 October 2011 provide five (5) individual roof pitches. It is considered that at least five (5) individual roof pitches which give the appearance of residential dwellings rather than a commercial building, and are considered acceptable in terms of the Rose Avenue streetscape.

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Cost of Development The original application provided an estimated cost of development at $1 million. The City's calculated the minimum cost of development to be $1.6 million. Development assessment fees are based on the estimated cost of development. The outstanding application fees have been paid by the applicant. Advertising of the Proposal One (1) submitter raised concerns as to the advertising procedure of the application as it had not been advertised to the broader community. The variations for which comment was sought relate to the front and side setbacks. The City considers that the landowners who could be impacted by the reduced setbacks are the owners of property along Rose Avenue. It is considered that the reduced setbacks will not have an impact on the broader community. Furthermore, a motel is a permitted use at the subject property under the current zoning. Therefore, request for comments have only been sent to each property owner along Rose Avenue. Other Matters One submitter raised concerns that the development does not have the required 10 percent (public) open space. Public open space contributions are required for subdivisions of more than five (5) lots. The current application does not indicate subdivision of the site. One (1) submitter has requested that a series of studies or reports be undertaken relating to impacts on residents, privacy, parking, anti-social behaviour, noise, property and rental values. As a condition of the officer's recommendation, the City has requested that a management plan be submitted to the City for approval, prior to occupation of the development. It is considered that the management plan will address issues pertaining to the occupation of motel units, the use of balconies, complaints handling, rubbish disposal and management procedures. A condition has been included in the officer's recommendation which requires the applicant to provide an acoustic noise modelling report and recommendations of the report being implemented into the final design. The officer's recommendation also contains a condition requiring a dilapidation report to be offered to the property owners on Rose Avenue.

Conclusion The applicant is seeking approval for a 19 unit motel at Nos. 10-14 Rose Avenue, Bayswater, and has requested variations to the TPS 24 provisions pertaining to front setbacks, side setbacks and car parking. The front setback of 2.0m - 3.0m is considered to be consistent with surrounding properties on Rose Avenue and is considered to address the context of the streetscape. The variations to side setbacks are not considered to unreasonably reduce light, ventilation or privacy and are not considered to have an undue impact on the amenity of the locality. Similarly, the shortfall of one (1) parking bay is considered acceptable given that there is a parking surplus at the Bayswater Hotel site. The general form of the development is considered to be consistent with the concept plan dated 1 December 1999, however the proposal allows for no pedestrian or vehicular access to Rose Avenue. Given the above, the proposal is supported subject to appropriate conditions.

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Summary

TPS 24 permits motel uses at Lot 801, No. 10-14 Rose Avenue, Bayswater, provided they are in accordance with the concept plan dated 1 December 1999 which set the boundaries and general form of the motel. The applicant is now seeking development approval for 19 motel units at the subject site. Assessment of the application indicates that it does not comply with the TPS 24 requirements with regard to lot area, side setbacks, front setback and carparking.

In response to concerns raised, the proposal has been amended to encompass a reduced front setback, decreased finished floor level, screening on the north-west stairwell, incorporation of five (5) individual roof pitches to the frontage and the reinstatement of four (4) parking bays at the Bayswater Hotel. The current proposal is considered to be similar to the concept plan endorsed by Council on 14 December 1999 with minor variations to front setback, design elements, parking and landscaping. The variations to the concept plan and TPS 24 requirements are not considered to have an undue impact on the amenity or streetscape of the locality.

The application is therefore recommended for approval subject to appropriate conditions.

Voting Requirements

Simple Majority Required.

Committee/Officer's Recommendation

That planning approval be granted for a 19 unit motel at Lot 801, Nos. 10-14 Rose Avenue, Bayswater in accordance with the application DA11-0419 dated 27 June 2011 and revised plans dated 11 October 2011, subject to the following planning conditions:

1. A detailed management plan that addresses management procedures, complaints handling, the use of balconies, disposal of rubbish and its collection, litter, and other appropriate matters associated with the development shall be submitted to and approved by the City prior to the first occupation of the development, and thereafter implemented and maintained.

2. The ramp between car bays 13 and 14 is to be relocated to be between car bays 17 and 18 on Lot 801.

3. The bathroom windows facing the north west boundary are to be fixed and applied with obscure glazing up to a minimum height of 1.6m above finished floor level to the satisfaction of the City.

4. The applicant shall enter into an agreement with the City of Bayswater and/or the owners of the adjoining Lot 800, Nos. 78-80 Railway Parade, Bayswater to provide a reciprocal right-of-access or grant of easement on Lot 800 for parking, vehicular and pedestrian movement between the lots, and drainage where applicable. The agreement must be executed by the applicant prior to the issue of a building licence. The legal agreement shall be prepared by the City's solicitors to the satisfaction of the City of Bayswater and all costs of and incidental to the preparation of the agreement and the City's solicitor's costs shall be met by the applicant/owner of the land.

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5. A detailed landscaping plan shall be submitted to and approved by the City of Bayswater, prior to the issue of a building licence. For the purpose of this condition, the plan shall be drawn and show the following:

•••• The location and species of all native trees and shrubs to be retained and/or removed;

•••• The location and species of proposed trees and shrubs including at least four (4) mature trees in the front setback area;

•••• Adequate landscaping within the north west setback area;

•••• The location of any lawn areas to be established; and

•••• Those areas to be reticulated or irrigated.

6. Landscaping and reticulation must be completed in accordance with the approved plans prior to occupation of the development and thereafter maintained to the satisfaction of the City of Bayswater.

7. The development/use subject of this approval must be SUBSTANTIALLY COMMENCED within a period of two (2) years of the date of this approval notice. If the development is not substantially commenced within this period, this 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.

8. The development shall be carried out only in accordance with the terms of the application as approved herein, and any approved plan, including any notations in red on the approved plan.

9. 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.

10. 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.

11. All stormwater and drainage runoff produced onsite is to be disposed of onsite via the use of soakwells. The size of the soakwells are to be calculated by use of the formula VOL(m3) = AREA (m2) x 0.0125, where VOL is total storage volume of soakwells and AREA is total roofed and paved areas. Connection to the City’s stormwater system, where available, may be permitted as an overflow only if to the satisfaction of the City of Bayswater.

12. The vehicle parking area shall be sealed, kerbed, drained and line-marked in accordance with the approved plans and specifications and shall be thereafter maintained to the satisfaction of the City of Bayswater.

13. All vehicle crossings being upgraded, designed and constructed to the satisfaction City of Bayswater. Payment for the crossover is required prior to the issue of a building licence.

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14. The applicant is to make arrangements to the satisfaction of the Water Corporation for the provision of reticulated sewerage to all lots/units within the subdivision/development. Where the Water Corporation reticulated sewer is not available the premises are to be connected to an approved wastewater treatment system which complies with the requirements of the Treatment of Sewage and Disposal of Effluent and Liquid Waste Regulations and the Government Sewerage Policy Perth Metropolitan Region.

15. Any existing septic system is to be decommissioned to the satisfaction of the City of Bayswater and in accordance with the Treatment of Sewage and Disposal of Effluent and Liquid Waste Amendment Regulations (No.2) 1997.

16. Laundries and bathrooms are to comply with the Health Act (Laundries and Bathrooms) Regulations.

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

18. A bin area is to be provided of not less than 10 square metres and with a permanent water supply and drainage facility for washdown. The bin area is to be screened by a gate and brick walls or other suitable material to a height of not less than 1.8 metres. The bin area shall be accessible from both Lot 800 and Lot 801.

19. The developer to offer a dilapidation report to the property owners along Rose Avenue.

20. The applicant to provide an acoustic noise modelling report prepared by a suitably qualified acoustic engineer, and for the recommendations of the report to be incorporated into the final design, to the satisfaction of the City, prior to the issue of a building licence.

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee/Officer Recommendation to Council

CR GRAHAM PITTAWAY MOVED, CR SYLVAN ALBERT SECONDED

LOST: 3/4

FOR: Councillors Pittaway, Radford and Albert. AGAINST: Councillors Kenyon,JP, Robinson, Sabatino and Turkington

Committee Discussion

The Committee discussed various matters, including status of concept plan and zoning, lot area, privacy issues, overlooking from balconies, front and side setbacks, number of storeys and units, and commercial properties in residential and heritage areas, and considered that the proposed variations would adversely affect the residential and heritage amenity of Rose Avenue.

At 8:37pm, Cr Martin Toldo withdrew from the meeting.

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At the Planning and Development Services and Administration and Community Services Committee Meeting (Continued):

Committee Recommendation to Council

CR ALAN RADFORD MOVED, CR SYLVAN ALBERT SECONDED

CARRIED: 4/3

FOR: Councillors Kenyon, JP, Robinson, Sabatino and Turkington. AGAINST: Radford, Pittaway and Albert. At 8:39pm, Cr Martin Toldo returned to the meeting.

ADDENDUM – ORDINARY COUNCIL MEETING - 22 NOVEMBER 2011

11.1.10 Proposed 19 Unit Motel Location: Lot 801, Nos. 10-14 Rose Avenue, Bayswater

The City has received email correspondence from the applicant dated 18 November 2011 relating to the proposed 19 unit motel at Lot 801, Nos. 10-14 Rose Avenue, Bayswater. The applicant has indicated a willingness to amalgamate the subject site with the Bayswater Hotel site at Lot 800, Nos. 78-80 Railway Parade, Bayswater, and to remove the balcony recesses and apply decorative elements to the front of the proposed units. The applicant has request that the item be deferred to enable amended plans to be prepared which reflect the applicant's modifications as outlined above.

Committee Recommendation to Council

That planning application be refused for a 19 unit motel at Lot 801, Nos. 10-14 Rose Avenue, Bayswater in accordance with the application DA11-0419 dated 27 June 2011 and revised plans dated 11 October 2011, for the following reasons:

1. The application does not comply with TPS 24 in relation to lot area, side setbacks and car parking.

2. The commercial nature of the proposal adversely impacts on the residential and heritage character of Rose Avenue.

3. The 1999 concept plan never received Council approval.

Moved: Seconded:

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11.1.11 Rio Tinto Echo 2 Office Building Major Development Plan, Perth Airport Location: Perth Airport Attachments: No. 1 - Draft Rio Tinto Echo 2 Office Building Major

Development Plan Applicant: Torb Petersen, Airport Planning Manager Owner: Westralia Airports Coporation (Leasee) Officer: Director of Planning and Development Services Refer: Item 11.1.10: OCM 24.5.2011

Item 13.17: OCM 28.7.2009 Item 13.11: OCM 23.6.2009 Item 13.1: OCM 10.2.2009 Item 13.29: OCM 16.12.2008

Application

Council consideration is sought to receive the information in this report and consider a response to the Westralia Airports Corporation (WAC) on the Rio Tinto Echo 2 Office Building - Major Development Plan at Perth Airport.

Background

The Airports Act 1996 (Commonwealth) requires that Perth Airport produces a Major Development Plan (MDP) for each major development at an airport. The MDP is required to be consistent with an approved Master Plan.

Council at its Ordinary Meeting on 28 July 2009 resolved that it had no in-principle objections to the proposed Perth Airport Preliminary Draft Master Plan 2009 subject to some minor modifications. The Perth Airport Master Plan 2009 was approved by the Federal Minister for Infrastructure and Transport on 2 November 2009.

The City entered into an agreement with the WAC on 9 March 1999. The deed of agreement will continue to run for any period during which the runway is owned, used or controlled by the WAC, its successors and assigns (an enduring agreement). As part of this deed, the WAC undertook (in part) that:

1. “The proposal to extend the Runway 06/24 to the north-east will include the adoption and adherence of strict and explicit use procedures such that take-offs to and landings from the south-west would only occur in emergencies, extreme weather conditions or through the loss of the use of the main airport runway or incidental to the planning and or undertaking of essential works to the airport’s main runway;

2. The current runway approach (06) and take-off paths (24) for aircraft greater than 20,000 kilograms in weight will be maintained in the event of the extension to the runway; and

3. The take-off and approach noise abatement procedures will be reviewed and improved as appropriate for the Runway”.

In return, the City undertook (in part) to:

1. Support the draft Perth Airport Master Plan;

2. Support the commercial development by the WAC of all other designated areas of Perth Airport; and

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3. Support the early consolidation by the WAC of the Domestic and International terminal buildings.

Comment

The applicant has advised that Perth Airport is Australia’s fourth largest airport by passenger numbers, and total passenger number are expected to more than double from 9.2 million passengers per annum to 18.9 million per annum by 2029. The Perth Airport Estate comprises 2,105 hectares. Essentially, Council is to consider the proposed Draft Rio Tinto Echo 2 Office Building MDP in accordance with the approved Master Plan. The applicant is proposing the construction of Echo 2 Office Building, which will be located adjacent to, and connected to Echo 1 Office Building. The key aspects of the Rio Tinto Echo 2 Office Building MDP include:

• Development of a three level plus basement office building with a gross floor area of approximately 5753sqm and a net lettable area of 3931sqm.

• The proposed Echo 2 office building will connect via corridors and the basement level carpark, to the Echo 1 office building.

The applicant has advised that the proposed office building will provide employment for an additional 300 Rio Tinto employees and contract staff; as well as generating approximately 70 jobs during the construction phase.

The development is within Commercial Precinct 1 of the Perth Airport Masterplan. Commercial Precinct 1 is to enable an integrated mix of commercial, aviation commercial, general warehouse, short-stay accommodation, industrial and community services land uses. The objectives of Commercial Precinct 1 include the provision of employment generating development opportunities, support for economic development of the region and the creation of a sense of balance between the built form and landscape.

The Rio Tinto Echo 2 Office Building MDP is considered to be consistent with the Perth Airport Master Plan 2009, and the Deed of Agreement between the City and the WAC; and would not have any direct impact on the City. It is recommended that the City advise the WAC that it has no objection to the proposed Rio Tinto Echo 2 Office Building MDP provided that it remains consistent with the Perth Airport Master Plan 2009 and the Deed of Agreement between the City and the WAC.

Summary

The proposed Rio Tinto Echo 2 Office Building MDP is considered to be consistent with the Perth Airport Master Plan 2009 and the Deed of Agreement signed by the City.

It is therefore recommended that the City advise the WAC that it has no objection to the Rio Tinto Echo 2 Office Building MDP provided that it remains consistent with the 'Perth Airport Master Plan 2009' and the Deed of Agreement between the City and WAC.

Policy Implications

Nil.

Financial Implications

Nil.

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Voting Requirements

Simple Majority Required.

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee/Officer Recommendation to Council

CR ALAN RADFORD MOVED, CR SYLVAN ALBERT SECONDED

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

Committee/Officer Recommendation to Council

That:

1. Council receive the information in this report relating to the Westralia Airports Corporation’s Rio Tinto Echo 2 Office Building Major Development Plan.

2. The City advises the Westralia Airports Corporation that it has no objections to the proposed Perth Airport Draft Terminal 1 Expansion Rio Tinto Echo 2 Office Building Major Development Plan provided that it remains consistent with the Perth Airport Master Plan 2009, and the Deed of Agreement dated 9 March 1999 between the City and Westralia Airports Corporation.

Moved: Seconded:

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11.1.12 Amendment No. 56 to Town Planning Scheme No. 24 Attachments: No. 1 - Site Plans and Aerial Photographs File No: TPS/24-056 Applicant: City of Bayswater Officer: Director of Planning and Development Services Refer: Item 13.12: OCM 24.11.2009

Application

Council consideration is sought for the initiation of a scheme amendment to Town Planning Scheme No. 24 (TPS 24) to update the scheme to be in accordance with zonings under the Metropolitan Region Scheme (MRS) including: 1. Rezoning a portion of Lot 503 Swan View Terrace, Maylands from 'Parks and

Recreation' to 'Medium and High Density Residential R30';

2. Rezoning a portion of the Wyatt Road road reserve from 'Parks and Recreation' to 'Local Roads'; and

3. Rezoning Lot 820 Stone Street, Bayswater from 'Parks and Recreation' to 'Residential R17.5/25'.

The above scheme amendments are largely for administrative purposes to update TPS 24 to be in accordance with the MRS and the associated uses on the site.

Background

The proposed rezonings have already been implemented under the MRS, in accordance with the Metropolitan Region Scheme Amendment 1161/41, which was published in the Government Gazette on 28 June 2011. The amendment involved the rezoning of the following five (5) sites: 1. The transfer of Lot 105 and a portion of Lot 156 Milne Street, Bayswater from the Urban

zone to the Parks and Recreation reservation;

2. The transfer of a portion of Lot 503 Swan View Terrace, Maylands from the Parks and Recreation reservation to the Urban zone;

3. The transfer of:

(a) Lot 50 Wyatt Road, Bayswater from the Parks and Recreation reservation to the Public Purpose (WSD) reservation; and

(b) A portion of the Wyatt Road reservation to the Urban zone;

4. The transfer of Lot 820 Stone Street, Bayswater from the Parks and Recreation reservation to the Urban zone; and

5. The transfer of a portion of Lot 7124 Fourth Avenue, Maylands from the Parks and Recreation reservation to the Public Purpose (WSD) reservation.

Where the subject land becomes a MRS Reserve, the rezonings are automatically amended under the local planning scheme. Items 1, 3(a) and 5 therefore do not require TPS 24 to be amended.

Proposals 2, 3(b) and 4 involve rezonings where the subject land becomes urban and therefore require amendments to TPS 24.

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The Western Australian Planning Commission (WAPC) requested comment from the City of Bayswater with regard to the proposed amendments. Council, at its Ordinary Meeting on 24 November 2009 resolved the following:

"1. Advise the Western Australian Planning Commission in regards to MRS Amendment 1161/41 (Major Amendment) – Parks and Recreation Reservations for Public Lands that:

(a) the City supports Proposals 3 and 5; and

(b) does not support Proposals 1, 2 and 4 as they are not considered to be consistent with orderly and proper planning and will have an adverse impact on the City of Bayswater community; and

2. The City send correspondence to the Western Australian Planning Commission (WAPC) to request that the WAPC automatically update the Metropolitan Region Scheme amendments in the relevant local planning scheme in accordance with Section 126 of the Planning and Development Act 2005 and Planning Bulletin No. 76. "

The City's submissions with regards to the amendment were dismissed and the amendment proceeded in accordance with proposals 1-5, as per the recommendation of the WAPC.

Comment

Lot 503, Swan View Terrace, Maylands

The City did not support the MRS amendment from 'Parks and Recreation' to 'Urban' for the following reasons:

• Previously, the Parks and Recreation reserve ran in a straight line parallel to the river foreshore. The proposed amendment would result in an uneven cadastral boundary as it presents to the foreshore;

• The adjoining lots are also zoned part Urban and part Parks and Recreation; and

• The realignment is not considered to be in line with orderly and proper planning.

The WAPC provided the following justification for the amendment:

• It is considered appropriate for the transfer to the parks and recreation reserve because of its current use and connection with the foreshore; and

• The maintenance of parks and recreation boundaries in a straight line is not considered a planning priority where the particular circumstances of a site suggest a more suitable alternative.

The subject amendment was approved as per the WAPC's recommendation. Under Section 124 of the Planning and Development Act 2005, if a region planning scheme is amended, the local government is required to prepare an amendment to the local planning scheme which renders it consistent with the region planning scheme. Although Council did not support the proposed amendments, the Act requires that TPS 24 is amended to be consistent with the MRS amendment. Given that the lot has been rezoned to urban under the MRS, the City is required to consider the most appropriate urban zoning under TPS 24.

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The proposed changes to TPS 24 involve rezoning a portion of Lot 503 from 'Parks and Recreation' to 'Medium and High Density Residential R30'. The remainder of Lot 503 is zoned 'Medium and High Density R30' and it is therefore considered that this is the most appropriate zoning for the subject portion of the allotment.

The proposed zonings would increase the development potential of the site from five (5) dwellings to six (6) dwellings. Any development on the site would be assessed under the Residential Design Codes (R Codes), which stipulate measures for setbacks and building height among other aspects. The rezoning to Medium and High Density Residential R30 is not considered to have an undue impact on adjoining landowners. The impact on the amenity of the area would need to be further addressed at the development application stage.

Wyatt Road - Road Reserve

The proposed changes to TPS 24 involve rezoning a portion of the Wyatt Road road reserve from 'Parks and Recreation' to 'Local Roads'. In support of the proposed amendment, the subject portion of Wyatt Road is fully constructed and the change allows the land to be correctly identified as roads rather than parks and recreation.

Lot 820 Stone Street, Bayswater

The City did not support the MRS amendment from 'Parks and Recreation' to 'Urban' for the following reasons:

• The subject lot is currently a public access point to the Baigup Wetland. The remaining access points to the reserve are considered insufficient.

• The amendment is not considered to have sufficient planning merit.

The WAPC provided the following justification for the amendment:

• Controlled public access through the area is provided by an east-west dual footpath and boardwalk. Public access beyond the path is not considered desirable.

• Disposal of this property by the WAPC will permit funds received to be applied to the acquisition of land with a higher priority and greater community benefit.

The subject amendment was approved as per the WAPC's recommendation.

The proposed changes to TPS 24 involve rezoning Lot 820 from 'Parks and Recreation' to 'Residential R17.5/25'. The adjoining sites to the east and the west are zoned Residential R17.5/25. The sites on the opposite (north) side of Stone Street are also zoned Residential R17.5/25. The zoning of Residential R17.5/25 is therefore considered the most appropriate for the subject site.

As the site was previously a Parks and Recreation reserve, it was unable to be developed with dwellings. Under the proposed zoning, the site could be developed with two (2) dwellings. Any development on the site would be assessed under the R Codes. The rezoning to Residential R17.5/25 is not considered to have an undue impact on adjoining landowners. The impact on the amenity of the area would need to be further addressed at the development application stage.

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The proposed changes are largely for administrative purposes and are not considered to have an undue impact on the current uses of the site or adjoining properties.

Summary

The proposed amendments are largely for administrative purposes and will update the lot zonings to be in accordance with the current use of the properties and/or the MRS zonings. It is considered that the proposed changes will not have an undue impact on adjoining properties. Details of any development would be assessed at the development application stage.

Although the City did not support two (2) of the subject MRS amendments, there is a requirement under Section 124 of the Planning and Development Act 2005 to amend TPS 24 to be consistent with the MRS. Accordingly, it is recommended that the proposed scheme amendment be initiated and publicly advertised before further consideration by Council.

Policy Implications

Nil.

Financial Implications

Nil.

Voting Requirements

Simple Majority Required.

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee/Officer Recommendation to Council

CR SYLVAN ALBERT MOVED, CR SONIA TURKINGTON SECONDED

CARRIED UNANIMOUSLY

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Committee/Officer Recommendation to Council

That:

1. Council initiate Amendment No. 56 to Town Planning Scheme No. 24 as follows:

(a) Rezone a portion of Lot 503 Swan View Terrace, Maylands from 'Parks and Recreation' to 'Medium and High Density Residential R30';

(b) Rezone a portion of the Wyatt Road road reserve from 'Parks and Recreation' to 'Local Roads'; and

(c) Rezone Lot 820 Stone Street, Maylands from 'Parks and Recreation' to 'Residential R17.5/25'.

2. The amendment documentation be forwarded to the Environmental Protection Authority for assessment following preparation.

3. Upon the Notice of Assessment from the Environmental Protection Authority being received (and issues raised being complied with), the proposed Amendment be advertised for public comment for 42 days by way of:

(a) Notification to the Western Australian Local Government Association to publish a notice in The Western Australian newspaper;

(b) Notification being published in the local newspaper;

(c) The relevant public authorities and adjoining local governments being notified in writing of the Amendment details;

(d) The surrounding landowners being notified in writing of the Amendment details; and

(e) Signage being placed on the street front of the properties advising the Amendment details.

(f) Information being placed on the City’s website; and

(g) Hard copies of the Amendment documentation made available for inspection at the City of Bayswater Civic Centre front counter.

4. The proposed amendment be referred to Council for further consideration following public advertising.

Moved: Seconded:

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11.1.13 Draft Amended State Planning Policy 5.1 Land Use Planning in the Vicinity of Perth Airport Attachments: No. 1 - Correspondence from WAPC dated 17 October 2011

No. 2 - Draft SPP 5.1 - Land Use Planning in the Vicinity of Perth Airport No. 3 - Perth Airport ANEF Contours 2004 & 2009 Comparison

Officer: Director of Planning and Development Services

Application

The Western Australian Planning Commission (WAPC) has released the attached draft amended 'State Planning Policy 5.1 Land Use Planning in the Vicinity of Perth Airport October 2011' (SPP 5.1) for public comment, with the submission period closing on 23 December 2011.

The draft amended SPP 5.1 is an update of the current policy, which has been amended to incorporate the revised Australian Noise Exposure Forecast (ANEF) for Perth Airport that was approved by Airservices Australia on 20 August 2009 and incorporated into the Perth Airport Masterplan 2009, plus minor textual amendments.

Council consideration is sought to:

1. Receive the information in this report; and

2. Consider the City's response to the draft amended SPP 5.1.

Background

Perth Airport is situated on Commonwealth land and operates under Commonwealth legislation. Many issues, such as aircraft noise, are therefore controlled by Commonwealth bodies (such as Airservices Australia) under Commonwealth regulations.

However, the operation of the airport also affects and is affected by land use planning in the area. Land use planning operates under State and local government legislation, regulations and policies. Managing development and land use around Perth Airport needs to balance the importance of the airport operations with the broader needs of the community, including protection from excessive aircraft noise.

SPP 5.1 notes the significance of Perth Airport by stating that:

"Perth Airport is fundamental to the continued development of the Perth Metropolitan Region and the State as a whole. Investment in airport infrastructure and the economic opportunities associated with the operation of the airport are now recognised as an important, and perhaps critical element in the prosperity of a city such as Perth.

Accordingly, the airport and its ongoing development need to be recognised in the planning of the region, and its operation protected as far as practicable from development with the potential to prejudice its performance. One of the main issues to be addressed in the planning of areas in the vicinity of the airport is aircraft noise, which is the focus of this policy".

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The current objectives of SPP 5.1 (which are not proposed to be changed) are to:

1. "Protect Perth Airport from unreasonable encroachment by incompatible (noise sensitive) development, to provide for its ongoing development and operation; and

2. Minimise the impact of airport operations on existing and future communities with reference to aircraft noise."

The system of aircraft noise measurement used in Australia for the purposes of evaluating land use compatibility around airports is known as the ANEF system. ANEF charts show expected noise exposure levels as noise contours and are based on average community noise exposure levels. The higher the ANEF value the greater the average daily noise exposure.

The ANEF contours are not intended to indicate that no aircraft noise will occur outside of this area, but rather that developments within the ANEF 20-40 contours will experience a relatively high level of aircraft noise and therefore require specific development and land use controls. The Perth Airport ANEF charts are prepared by Westralia Airports Corporation and are checked for accuracy by Airservices Australia.

Land use planning restrictions are applied to the higher ANEF levels through SPP 5.1. The noise exposure zones referred to in SPP 5.1 include:

1. Areas below 20 ANEF (including all of the City of Bayswater and most of the Perth metropolitan area), where there are no land use or development restrictions or requirements specified in SPP 5.1;

2. Areas between 20 ANEF and 25 ANEF, where there are some land use and/or development restrictions and/or requirements specified in SPP 5.1; and

3. Areas above 25 ANEF, where there are more detailed land use and/or development restrictions and/or requirements specified in SPP 5.1. For example, development in these areas would require high levels of noise insulation to be installed and notifications are required to be placed on the land title to advise the land owner that aircraft noise may potentially affect the use of the land. Residential density increases are generally not permitted in these areas.

Attachment No. 3 shows the 2004, 2009 and Ultimate Capacity (in the year 2050 according to the adopted Perth Airport Masterplan 2009) ANEF noise contours in relation to the City of Bayswater. All parts of the City of Bayswater are below 20 ANEF and are therefore not subject to SPP 5.1 development restrictions and/or requirements.

Comment

The WAPC notes in its correspondence that the draft amended SPP 5.1 only proposes minor updates to the current SPP 5.1, which was gazetted on 24 February 2004. The WAPC also advises that the general intent and implementation of the policy have not changed. The updates proposed include:

1. Revised ANEF contours for Perth Airport that were approved by Airservices Australia on 20 August 2009 and incorporated into the Perth Airport Masterplan 2009. The changes to the ANEF noise contours are considered to be minor, as shown in Attachment 3; and

2. Minor textual changes to SPP 5.1 to ensure it is more consistent with the more recent 'SPP 5.3 Land Use Planning in the Vicinity of Jandakot Airport'.

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The WAPC states that:

"In addition to the revised Australian Noise Exposure Forecast for the airport, the Commonwealth Government has released the National Aviation White Paper 2009, which recommends that a national planning framework be developed for land use planning in proximity to airports. This may include changes to the Australian Standard 2021 Acoustics - Aircraft noise intrusion - Building siting and construction (AS2021) which was an important reference in the preparation of SPP 5.1.

If the changes to AS2021 are significant, a more detailed review of SPP 5.1 will be undertaken, but since the Department of Planning has been advised by the Commonwealth Government that it may be some time before this work is commenced and completed, it is considered pertinent to proceed with the amendment of SPP 5.1 as proposed".

It is expected that SPP 5.1 will be updated in the future as and when required, particularly in order to maintain consistency with Commonwealth legislation and regulations and relevant national standards.

As already noted, SPP 5.1 does not affect development nor land use in the City of Bayswater. Given this and that the fact that only minor changes are proposed to SPP 5.1, it is recommended that the City advise the WAPC and the Perth Airports Municipalities Group (PAMG) that it has no objection to the proposed amendments to SPP 5.1.

Summary

The WAPC is proposing minor amendments to State Planning Policy 5.1, which imposes development and land use controls over lots that are close to Perth Airport with an ANEF of 20 or more. The policy updates include:

1. Revised ANEF contours for Perth Airport as approved by Airservices Australia on 20 August 2009 and already incorporated into the Perth Airport Masterplan 2009. The changes to the ANEF noise contours are considered to be minor, as shown in Attachment 3; and

2. Minor textual changes to SPP 5.1 to ensure it is more consistent with 'SPP 5.3 Land Use Planning in the Vicinity of Jandakot Airport'.

SPP 5.1 does not affect development nor land use in the City of Bayswater. Given this and that the fact that only minor changes are proposed, it is recommended that the City advise the WAPC and PAMG that it has no objection to the proposed amendments to SPP 5.1.

Policy Implications

Nil.

Financial Implications

Nil.

Voting Requirements

Simple Majority Required.

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At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee/Officer Recommendation to Council

CR ALAN RADFORD MOVED, CR SYLVAN ALBERT SECONDED

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

Committee/Officer Recommendation to Council

That:

1. Council receive the information in this report relating to the draft amended 'State Planning Policy 5.1 Land Use Planning in the Vicinity of Perth Airport' (SPP 5.1).

2. The City advise the Western Australian Planning Commission (WAPC) and the Perth Airports Municipalities Group (PAMG) that it has no objection to the draft amended 'State Planning Policy 5.1 Land Use Planning in the Vicinity of Perth Airport' (SPP 5.1), October 2011.

Moved: Seconded:

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11.2 Administration and Community Services

11.2.1 Aquatic Facilities Management Report- October 2011 Attachments: 1. Aquatic Facilities Management Report – October 2011 Officer: Director of Administration and Community Services

Application

To consider the report of activities and operations at City of Bayswater Aquatic Facilities for October 2011.

Background

The aquatic facilities management report outlines the statistics, programs and operations of Bayswater Waves and Maylands Waterland; to allow the council to make effective and informed decisions on the services provided to the community. A copy of the report and operations undertaken in the Month of October 2011 is attached. (Refer to Attachment No. 1).

Comment

City of Bayswater aquatic facility 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 8:30pm Saturday to Sunday 7:30am to 7:00pm Maylands Waterland operating hours (November to April) are: Monday to Friday 10:00am to 5:00pm Saturday to Sunday 10:00am to 5:00pm Bayswater Waves:

October was a busy month for Bayswater Waves with several events taking place, enrolments were taken for Term 4 lessons, the school holidays were busy and attendances for the centre were higher than anticipated.

The swim school accepted enrolments and commenced Term 4 lessons during the end of October. With Beatty Park closing for renovations and capital funds used to purchase more equipment, enrolments are currently sitting just over 1,600 students; compared with Term 4 2010 that had approximately 1,500 students.

A successful movie night and family fun day took place during October. The family fun day was the main event with approximately 2,000 community members visiting the centre during the afternoon. This event has lead to more swimmers visiting the centre in the weeks following and additional swim school enrolments due to promotions set up on the day.

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A small kitchen area and food servery is provided at Bayswater Waves for private functions to prepare and serve food in the Group Fitness Room. Originally the Group Fitness Room doubled as a function room that was hired out for private functions, no functions have been held in over eight (8) years and due to the strength of the Group Fitness programme, functions will not be offered in the future. Bayswater Waves has a shortage of storage space to conduct its current operations and the size of the kitchen is ideally suited to be converted into a storage room for programme equipment. Costs of conversion are minor and will be found within the existing adopted budget. The kiosk is capable of all food requirements for Bayswater Waves and its customers. Additionally the appliances within the existing kitchen have not been used for a number of years and would be in need of repair if they were to be used again.

Maylands Waterland:

The opening of Maylands Waterland has been delayed this year by one week due to the logistical the Commonwealth Heads of Government Meeting (CHOGM). The facility will open on Saturday, 5 November 2011.

Targeted promotion was carried out during the end of October. Flyers outlining the events taking place at Maylands Waterland were distributed to playgroups in the surrounding area. In the beginning of November a flyer drop will be carried out in the local area as has occurred in previous seasons. Additionally, competitive rates were secured in the Saturday West Australian TV Guide and a series of adverts will be placed in the TV Guide over a series of weeks.

Attendances have increased each year since the City of Bayswater took the facility back over from the previous operator. This increase in attendances however has assisted in bringing to attention several operational challenges at the facility, some examples are:

• The grassed area is in need of works to bring it up to a standard similar to other grassed areas in the City of Bayswater.

• Each year there is damage and corrosion to structures due to bore water staining

• Tiling of the pools is old and in need of a major overhaul.

• There is no accessible changing area and there are several barriers around the facility that restrict access to people with mobility problems, such as the elderly, people in wheel chairs and people with prams.

• The pool plant is very old and will continue to cost more to upkeep each year.

A report will be prepared in the next few months highlighting these concerns further and outlining recommendations to move forward.

Dual Memberships between Bayswater Waves and the RISE:

Background:

At the Planning and Development Services and Administration and Community Services Committee Meeting of October 2011, there was a request for officers to explore the possibility of dual membership at The RISE and Bayswater Waves.

A small number of members at The RISE and Bayswater Waves have requested a membership that allows them to access the Gym and Group Fitness Classes at both facilities and on the same membership access the pools at Bayswater Waves. An accurate register of the enquiries of this nature has not been kept however it is estimated that the total number of enquiries is less than 20 at each facility.

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It appears that members wanting to use gym and classes at The RISE are simply joining The RISE and members wanting to use gym and classes at Bayswater Waves are joining Bayswater Waves. There appears to be a small demand for people wanting to add the pools at Bayswater Waves to their RISE membership. Industry Examples: Local Government

• Melville Recreation Centre has a gymnasium and group fitness, Melville Aquatic has a gymnasium, group fitness and pools.

• Melville offer a multi venue memberships for both facilities and this does provide a benefit to their community members because only one facility has a pool. This multi venue membership is charged at a higher rate.

• Each facility in the City of Melville is given separate membership targets, this creates unnecessary competition between the facilities.

• In the City of Stirling, Terry Tyzac and Balga Leisure Park both have a gymnasium, group fitness and pools.

• A trial was recently held in the City of Stirling and very few members used both facilities because the facilities are similar.

Private Health Clubs

• All private Health Clubs only offer multi venue memberships if members take out the full membership offering and pay an additional fee (average approximately $5 per month)

• Private Companies offering multi venue memberships usually have between 5 and 30 facilities throughout Perth metropolitan area.

• Private clubs usually have an easier joining process and more flexible membership offers than Council owned facilities, such as online payments and no fixed term direct debit.

Benefits in Offering Dual Membership to Residents

• Residents in Maylands would be able to have one membership that includes facilities at the RISE and swimming at Bayswater Waves.

• Currently, competition around The RISE offers a similar service (gymnasium and group fitness), offering pools as well would be a point of difference.

• Memberships at the RISE may increase, providing additional revenue to reduce the rate payer subsidy currently required.

• Some members at The RISE may choose to upgrade their membership from a gym or group fitness only to a full facility membership if it was offered, again providing additional revenue.

Challenges and considerations

• If the offering is structured incorrectly it could create competition between facilities rather than cohesion.

• Private health clubs have more streamlined joining processes through offering no fixed term direct debit memberships and online payments. Any offering would need to integrate into what is currently offered and not provide members additional cards or processes.

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• Bayswater Waves gymnasium is close to full, the RISE still has ample room to grow. By offering dual memberships, customers may join at the RISE but use Bayswater Waves, increasing the load at Bayswater Waves without increasing use of the RISE.

• Currently the internet connection at Bayswater Waves is not sufficient to facilitate a shared database of members between the facilities. Improved infrastructure would be required to resolve this issue. The Manager of IT services has completed a detailed analysis for this to occur.

• Changes would be required to the 2011-12 operational budget in terms of allocating income and amending the fees and charges.

• The City of Bayswater also provides a further gymnasium and group fitness programme for community members at Morley Sport and Recreation Centre. Consideration should be given whether to offer reciprocal memberships to members at that facility.

In summary, dual memberships could be provided for both facilities however the main challenge at present is that both facilities operate different systems. Bayswater Waves operates Centreman and The RISE operated CLASS. The preference would be for Bayswater Waves Centreman system to be upgraded to CLASS to allow for full integrations across the City. This would require some additional expenditure and annual licensing costs for Bayswater Waves, this is anticipated at $10,000 to $15,000. In addition to this, there would need to be some upgrading to the computer lines between Bayswater Waves and the administration building. Currently this is an ADSL line and in order for CLASS to operate as a central system, consideration of an upgrade to fibre optic would need to be scheduled. Indicative cost for this would be $35,000.

Policy Implications

Nil.

Financial Implications

Nil.

Voting Requirements

Simple Majority Required.

Officer's Recommendation

That:

1. The report of activities and operations for the City of Bayswater’s recreation facilities for October 2011 be received.

2. The kitchen provided to serve food in the Group Fitness room be converted into a storage room.

3. Officers prepare a more detailed report with actual costings and timelines for Council consideration as part of the 2012-13 budget process.

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At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee Discussion

The Committee discussed the benefits of dual memberships at The RISE and Bayswater Waves, and the requirement for, and associated costs of upgrading the current computer system (ADSL line) to fibre optic technology in order to facilitate this. The Committee requested further information in relation to this upgrade.

Committee Recommendation to Council

CR GRAHAM PITTAWAY MOVED, CR MICHAEL SABATINO SECONDED

CARRIED UNANIMOUSLY

Committee Recommendation to Council

That:

1. The report of activities and operations for the City of Bayswater’s recreation facilities for October 2011 be received.

2. The kitchen provided to serve food in the Group Fitness room be converted into a storage room.

3. Officers prepare a more detailed report with actual costings and timelines for the upgrade to a fibre optic line and changes to the operating system at Bayswater Waves for Council consideration as part of the 2012-13 budget process.

Moved: Seconded:

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11.2.2 City of Bayswater Rangers Services Report – October 2011 Attachments: 1. Ranger Services Management Report – October 2011 Officer: Director of Administration and Community Services

Application

To provide Council with information about the activities of City of Bayswater Ranger Services for October 2011 in order for Council to make informed decisions about the service provided.

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.

The intent of the Ranger Services report is to provide Council with information about the service in order to be kept informed on the issues and application of the service.

Ranger Services deals with action request and administer laws relating to specific legislation in order to maintain and improve community safety. The various Legislation rangers administer include the Dog Act 1976, the Litter Act 1976, the Bush Fires Act 1954, the Control of Vehicles (Off-road Areas) Act 1978, the Local Government Act 1995 and the City of Bayswater Local Laws. Rangers also act as eyes on the street and report any illegal activity to police. The City’s 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

Rangers received 252 Action Requests relating to ranger activities. These action requests are higher that the four year average of 173 action requests with 73 of those relating to animals (dogs) and 40 relating to parking. These are the highest two areas of complaint.

Rangers received 44 reports of abandoned vehicles for investigation. Of these vehicles, most were removed within the 24 hours notification period after warnings were placed on the vehicles. Of the 44 Action Requests received, 5 vehicles were impounded with the remaining vehicles either being removed or currently under investigation.

There were 89 infringements notices and 88 warnings issued for the October period. This is lower than the four year average for infringement notices of 94.

Throughout October 2011, 88 contacts have been made with residents and visitors to the City where rangers have clarified alleged offender responsibilities in relation to parking, animal control, litter and other local laws. This approach is used where breaches of legislation can be dealt with by educating the person rather than using an enforcement approach.

Policy Implications

Nil.

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Financial Implications

Nil.

Voting Requirements

Simple Majority Required.

At the Planning and Development Services and Administration and Community Services Committee Meeting:

At 9:34pm, Cr Chris Cornish withdrew from the meeting.

Committee/Officer Recommendation to Council

CR GRAHAM PITTAWAY MOVED, CR MICHAEL SABATINO SECONDED

CARRIED UNANIMOUSLY

Committee/Officer Recommendation to Council

That the Ranger Services Report for October 2011 be received.

Moved: Seconded:

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At the Planning and Development Services and Administration and Community Services Committee Meeting:

At 9:36pm, Cr Chris Cornish returned to the meeting.

11.2.3 Management Report - The RISE - October 2011 Attachments: Management Report - The RISE - October 2011 Officer: Director of Administration and Community Services

Application

To consider the report of activities and operations for The RISE during October 2011.

Background

The Management Report for The RISE during October 2011 outlines the statistics, programs, and operations to allow Council to make effective and informed decisions on the services provided to the community. A copy of the report and operations undertaken in the Month of October 2011 is attached. (Refer to Attachment No. 1).

Comment

City of Bayswater recreation facility 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.” The RISE operating hours are: Monday to Friday 6:00am to 10:00pm Saturday to Sunday 8:00am to 6:00pm The RISE Gymnasium operating hours are: Monday to Friday 6:00am to 9:00pm Saturday to Sunday 8:00am to 6:00pm The RISE is increasingly expanding the range of services provided to the community since becoming operational on 18 July 2011. There has been significant interest in all services provided from the local community as well as the business sector in the month of October. The Gymnasium has been operational since 4 August and is proving popular with membership uptake at almost 290. Since launching in mid September, Group Fitness Classes and the Creche are growing with attendance figures up almost 100% from the month of September. Social Sporting Programs are building with Mens Basketball and Indoor Soccer at capacity and Mixed Netball and Ladies Netball launching in the near future. Junior FUNdamentals underwent a planning and development phase in the month of October with the afternoon programs due to launch in the first week of November. The community are also still accessing the facility on a casual pay and play basis utilising the Sports Arena to play Basketball, Badminton and Soccer. (Refer to Attachment No. 1).

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Additional Information

In the month of October the Gymnasium processed 75 memberships of which 34 were male and 41 were female. Also in the month of October 53 new members participated in a health assessment appraisal. 18 were male and 35 were female.

Zero (0) staff members from the City of Bayswater took advantage of the 50% staff discount on memberships. Current active memberships is 1.

2000 colour pricing brochures were produced in the month of October for the Centre.

3 x corflute roadside banners promoting Social Sporting Competitions, the Creche and the Gymnasium were produced in October for the Centre.

A Media Hype advertising campaign was established in October for the Bridal Options Magazine. A right hand side full page advertisement in 'Bridal Options' 2012 edition will promote and market the Function Suite to potential wedding goers for a 12 month period. An additional quarter page editorial in the magazine as well as a promotion banner on the Bridal Options website will also be included.

A holistic Centre brochure is also currently being developed.

There were zero (0) health and safety incidents reported at the RISE in the month of October.

Zero (0) new staff commenced employment at The RISE in the month of October.

Policy Implications

Nil.

Financial Implications

Nil.

Voting Requirements

Simple Majority Required

At the Planning and Development Services and Administration and Community Services Committee Meeting:

At 9:37pm, Mr Damien Martin withdrew from the meeting.

Committee/Officer Recommendation to Council

CR GRAHAM PITTAWAY MOVED, CR SYLVAN ALBERT SECONDED

CARRIED UNANIMOUSLY

Committee/Officer Recommendation to Council

That the report of activities and operations at The RISE during October 2011 be received.

Moved: Seconded:

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11.2.4 The RISE Community Office Space Officer: Director of Administration and Community Services Attachments: 1. The RISE Floor Plan Officer: Director of Administration and Community Services

Application

To consider the Expression of Interest applications to occupy Community Office Spaces at The RISE.

Background

The RISE hosts eight (8) community offices for ongoing use by community not for profit organisations or local community groups and clubs. Offices are available for either ongoing exclusive use or shared community usage. All offices are fully air conditioned and sub metered.

Offices 1, 6, 7 and 8 have access to minor kitchen facilities. Office 4 has access to its own minor kitchen facility. Offices 2, 3 and 5 do not have direct access to any kitchen facilities.

All eight (8) office spaces will be provided with power outlets and telephone/data points. All offices will be provided with carpet, but no furnishings. Each individual office is sub-metered and a condition of use is that each tenant is responsible for all metered utility charges. An expression of interest package was made available to all stakeholders in March of 2011. Stakeholders were split into the following categories to ensure all members of the community were included in the distribution process:

• Past users of the Alma Venville Centre;

• Organisations who had already expressed interest in utilising The RISE; and

• The wider community. On 31 May 2011, officers presented the results of this expression of interest process to a council workshop. A fee structure of $60 per week was proposed. The weekly fee structure was slightly higher than other facilities within the City. Council feedback from the Workshop 31 May 2011 was to investigate a more realistic fee structure to reflect individual office square metre space. At its Ordinary Meeting 27 September 2011 and reconvened 4 October 2011, Council resolved:

"That: 1. Apply a minimum rental of 113.00 p/m², per annum, for the eight (8)

community office spaces at The RISE. 2. Advertise the rental structure for community office space at The RISE."

Following the Council resolution of 4 October 2011, information was sent to potential users asking them to indicate preferences of office space.

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In addition to the six (6) organisations who responded to the Expression of Interest, information was also sent to organisations who subsequently inquired about the community office space in the interim period. All applicants that previously expressed interest have requested use of office 4. This office has a small kitchen and is very popular. When officers wrote to applicants advising that Council had set a rate for rent it was indicated that preferences should be made for alternative offices. Based on the principle of cost recovery the table below summarises the rate for each individual office:

Office 1 80 Square Metres $9,040

Office 2 54 Square Metres $6,102

Office 3 38 Square Metres $4,294

Office 4 72 Square Metres $8,136

Office 5 47 Square Metres $5,311

Office 6 53 Square Metres $5,989

Office 7 33 Square Metres $3,729

Office 8 33 Square Metres $3,729

Comment

Expressions of Interest for use of the community offices closed on Friday, 4 November 2011. Not all of the organisations originally requesting office space responded by the closing date, however Officers have attempted to make contact with all groups and proposed an initial office allocation based upon their requirements, these are listed in the following table:

Organisation Proposed Office

Organisations Response and Feedback

Salvation Army 1 Office 1 too big for their needs, would like office 3 or an office of simular size. Salvation Army is also willing to pay the agreed charge out rates and they are looking for exclusive use and long term tenure.

Bayswater Community Arts

2 Advised that they require their own toilet and kitchen. (office 4 has kitchen, however no private toilet option) They also advised that they would require a peppercorn lease. They also indicated that office 4 would only be suitable for their needs.

School Volunteer Program

3 and 4 Have advised that the space and proposed charge out rates are acceptable.

Bulgarian Association

5 Considers office 5 to be too dark and would like to be considered for either office 2,3,7 or 8. The Association request a peppercorn lease for a 12 month period to enable them to become more sustainable and afford the charge out rates set by Council.

Generations 6 Did not respond, has not returned calls.

Bayswater Toy Library

7 Currently occupy garage at Bayswater Activity Centre which is 50 square metres and paying $45 per week. The Toy Library would be unable to relocate to a reduced space and would also find it difficult to manage any increase in charge out rates.

Russian Social Club

8 Has advised that the space and proposed charge out rate are acceptable.

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From the expressions of interest, it has been very difficult to accommodate everyone's needs and requests. Based on Council's previous direction of a minimum charge out rate of $113 per square metre, officers have shortlisted the following organisations to occupy the following offices at The RISE. This recommendation has been based upon the principal of the organisations ability and willingness to pay along with being able to demonstrate a broad community benefit.

School Volunteer Program: This group requires maximum exclusive space to provide mentoring to school students within the City of Bayswater. The preference is for offices opposite one another and it appears appropriate that offices 3 and 4 be assigned to the School Volunteers Program. It is recommended that office 3 at a rate of $4,294 per annum and office 4 at a rate of $8,136 per annum be offered to the Schools Volunteers Program.

Community Benefit: The School Volunteer Program is currently active within 7 schools that are located in the City of Bayswater. They intend to expand this service to other schools within the City by offering a mentoring service to local children.

Salvation Army: This group have requested office 3 or one of a simular size. It is recommended that office 7 at a rate of $3,729 per annum be assigned to the Salvation Army.

Community Benefit: This group will provide a positive lifestyle program to empower individuals and families within the City of Bayswater.

Russian Social Club: This group have requested any office, based upon this it is recommended that office 8 at a rate of $3,729 be assigned to the Russian Social Club.

Community Benefit: This group will provide community access to a collection of Russian books and media. This group were previously located at the Maylands Town Hall.

Bayswater Community Arts: They have indicated that they would only be interested in office 4 as this has a kitchen. They have also indicated that they require a toilet (private). With this in mind the spaces available at The RISE are possibly not suitable and therefore it is recommended that officers work with the Bayswater Community Arts to see if more suitable facilities are available. Bulgarian Association: This association has indicated that they do not have the financial ability to pay for the community office space at The RISE. They have requested that peppercorn rental be applied for the first 12 months. It is recommended that the Bulgarian Association be allocated office 5 at a peppercorn rental until 30 June 2012, post 30 June 2012 a fee of $5,311 per annum will be applied. This should allow enough time for the association to become financially sustainable to contribute towards the costs. Community Benefit: This group is located in Maylands and focuses upon building the Bulgarian culture, traditions and language into the local community. They have also indicated that they will aim at conducting events, forums and performances within the local community. Generations: This association did not respond to officers enquiries and therefore it is recommended that at this stage they not be considered for office space at The RISE.

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Bayswater Toy Library: This organisation required a large space and they currently have 50m², at the Bayswater Activity Centre. It appears that office 1 of 80m² would be appropriate, however they are not able to afford the annual charge of $9,040 per annum. It appears that it may be more appropriate for this organisation to seek alternative accommodation within the City. Officers will continue to work with the Bayswater Toy Library to source alternatives.

Policy Implications

Nil.

Financial Implications

Nil.

Voting Requirements

Simple Majority Required.

At the Planning and Development Services and Administration and Community Services Committee Meeting:

At 9:40pm, Mr Damien Martin returned to the meeting.

Officer's Recommendation

That:

1. The School Volunteer Program is offered Office 3 and 4 as a Category 3 agreement with a short term duration to expire 30 June 2013 at a rental of $4,294 pa for Office 3 and $8,136 pa for Office 4.

2. The Salvation Army is offered Office 7 as a Category 3 agreement with a short term duration to expire 30 June 2013 at a rental of $3,729 pa to be applied.

3. The Russian Social Club is offered Office 8 as a Category 3 agreement with a short term duration to expire 30 June 2013 at a rental of $3,729 pa to be applied.

4. The Bulgarian Association is offered Office 5 as a Peppercorn to 30 June 2012 and then a rental of $5,311 pa be applied on a Category 3 agreement with a short term duration to expire 30 June 2013.

5. Officers work with the Bayswater Arts Society and the Bayswater Toy Library to see if more appropriate accommodation within the City of Bayswater can be sourced.

6. Officers write to Generations and advise that an office has not been allocated to them.

7. Officers continue to promote the remaining vacant offices at The RISE.

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee Discussion

The Committee discussed the various expressions of interest for tenancy at The RISE and agreed that the Bulgarian Association should not be offered an interim peppercorn agreement, and that officers should not write to Generations advising of the outcome. As such, points 4 and 6 were removed from the officer's recommendation.

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At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee/Officer Recommendation to Council

CR ALAN RADFORD MOVED, CR SYLVAN ALBERT SECONDED

CARRIED UNANIMOUSLY

Committee/Officer Recommendation to Council

That:

1. The School Volunteer Program is offered Office 3 and 4 as a Category 3 agreement with a short term duration to expire 30 June 2013 at a rental of $4,294 pa for Office 3 and $8,136 pa for Office 4.

2. The Salvation Army is offered Office 7 as a Category 3 agreement with a short term duration to expire 30 June 2013 at a rental of $3,729 pa to be applied.

3. The Russian Social Club is offered Office 8 as a Category 3 agreement with a short term duration to expire 30 June 2013 at a rental of $3,729 pa to be applied.

4. Officers work with the Bayswater Arts Society and the Bayswater Toy Library to see if more appropriate accommodation within the City of Bayswater can be sourced.

5. Officers continue to promote the remaining vacant offices at The RISE.

Moved: Seconded:

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11.2.5 Avon Descent Liaison Committee Officer: Director of Administration and Community Services

Application

To consider nominating Councillors for the Avon Descent Liaison Committee.

Background

Preparations for the 2012 Avon Descent will commence shortly and next years event is the 40th Anniversary. Membership of Liaison Committees for 2009 – 2011 have now lapsed and new appointments for the period 1 November 2011 – 19 October 2013 are required in accordance with the provisions of Sections 2.28 and 5.11 of the Local Government Act 1995. Committee/Group

Council has had delegates on this Committee ever since the finish line for the Avon Descent was established at Hinds Reserve, Bayswater. Membership

Section 5.8 of the Local Government Act 1995 states;

"A Local Government may establish* Committees of 3 or more persons to assist the Council and to exercise the powers and discharge the duties of the Local Government that can be delegated to Committee.

* By Absolute Majority" Membership of the Committee comprises of City of Bayswater representatives. Purpose/Role

The Committee has input into the end of line finishing event and the Committee facilitates collaboration between the stakeholders. Role of Representative(s)

The roles and responsibilities of the City of Bayswater representatives on this Committee are;

• Member in own right; and

• Spokesperson for the City of Bayswater. Meeting Details Meeting Frequency: As required. Day of Meeting: When suitable. Time of Meeting: When suitable. Location of Meeting: City of Bayswater Civic Centre.

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Liaison Officer

• Events Coordinator; and

• Manager Recreation Services or nominated officer.

Governance

• Section 5.8 of the Local Government Act 1995 states;

"A Local Government may establish* Committees of 3 or more persons to assist the Council and to exercise the powers and discharge the duties of the Local Government that can be delegated to Committee.

*By Absolute Majority"

Comment

The Council's membership to the Avon Descent Liaison Committee for 2009-2011 comprised of;

• Cr Terence G. Kenyon JP (Mayor)

• Cr Barry McKenna

• Cr Alan Radford

• Cr Graham Pittaway

• Cr Sylvan Albert

• All other Councillors being deputies The following meetings were scheduled and held during the 2009 – 2011 period of the Avon Descent Management Committee;

• 29 June 2010

• 30 August 2010

• 09 June 2011

• 30 August 2011

• 05 September 2011

As detailed above, there were five (5) Councillors on the Avon Descent Liaison Committee during the last term of the Committee. Historically, there has been five (5) elected members on the Committee and it is recommended that the Committee continue at this level of representation.

Policy Implications

Nil.

Financial Implications

Nil.

Voting Requirements

ABSOLUTE MAJORITY REQUIRED.

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Officer's Recommendation

That:

1. In accordance with the provisions of the Local Government Act 1995, Sections 2.28, 5.9, 5.10 and 5.11, Council appoints five (5) Councillors to the Avon Descent Liaison Committee for the term 1 November 2011 to 19 October 2013;

___________________;

___________________;

___________________;

___________________; and

___________________.

2. The purpose of the Avon Descent Liaison Committee is to have input into the end of line finishing event and the Committee facilitates collaboration between the stakeholders.

3. In accordance with Section 5.11A of the Local Government Act 1995, all Councillors who are not Members of the Avon Descent Liaison Committee be appointed as Deputy Members to that Committee for the term 1 November 2011 to 19 October 2013. If a Member is unable to attend a meeting, the order of appointment of the Deputy at that meeting will be based on:

i) Councillor of the same Ward as the Member of the Committee; and

ii) Length of service.

4. The Terms of Reference of the Avon Descent Liaison Committee be endorsed at its first scheduled meeting.

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee Recommendation to Council

CR GRAHAM PITTAWAY MOVED, CR MARLENE ROBINSON SECONDED

CARRIED UNANIMOUSLY

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Committee Recommendation to Council

That:

1. In accordance with the provisions of the Local Government Act 1995, Sections 2.28, 5.9, 5.10 and 5.11, Council appoints five (5) Councillors to the Avon Descent Liaison Committee for the term 1 November 2011 to 19 October 2013;

Cr Terry Kenyon, JP;

Cr Graham Pittaway;

Cr Alan Radford;

Cr Barry McKenna; and

Cr Sylvan Albert.

2. The purpose of the Avon Descent Liaison Committee is to have input into the end of line finishing event and the Committee facilitates collaboration between the stakeholders.

3. In accordance with Section 5.11A of the Local Government Act 1995, all Councillors who are not Members of the Avon Descent Liaison Committee be appointed as Deputy Members to that Committee for the term 1 November 2011 to 19 October 2013. If a Member is unable to attend a meeting, the order of appointment of the Deputy at that meeting will be based on:

i) Councillor of the same Ward as the Member of the Committee; and

ii) Length of service.

4. The Terms of Reference of the Avon Descent Liaison Committee be endorsed at its first scheduled meeting.

Moved: Seconded:

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11.2.6 Centro Galleria Authorisation of Honorary Parking Inspectors Officer: Director of Administration and Community Services

Refer: Item 10.1.2 26 : OCM March 2002

Application

For Council to consider the appointment of Honorary Parking Inspectors for the administration of the City of Bayswater Parking and Parking Facilities Local Laws. This is specifically for Centro Galleria Security Officers to issue parking infringements on behalf of the City of Bayswater at Morley Galleria.

Background

Council at its meeting of 26 March 2002 resolved to:

'Endorse the private parking agreement with Westfield Galleria, Collier Road, Morley under the provisions of the City of Bayswater Parking and Parking Facilities Local Law subject to:

1. signage and line marking for 90 minutes, 3 hour, ACROD and Parent with Pram car parking bays being improved to meet both design and placement standards;

2. all Westfield Security Officers being Honorary Parking Inspectors on the site and focusing on the area of Walter and Collier Roads;

3. Community Rangers authorised to issue parking infringements at the site focusing on all ACRD bays and the Bishop, Russell and Dewar Street areas; and,

4 the City of Bayswater be included on any promotional/education material relating to the parking agreement.

Following this Council resolution a parking agreement was developed between the City of Bayswater and Westfield. In July 2003 the agreement was amended to change the name from Westfield to Centro Galleria. Whilst the intention of providing for parking prohibitions was still the same, there was no Council resolution to authorise the change in name of security officers employed by Westfield Centro Galleria. In 2004, the City undertook a review of its Local Laws and included a provision whereby the City could make an area a Parking Station whereby the provisions of the parking local laws can be applied and administered. Within Schedule 4 of these local laws, Centro Galleria was included as a Parking Station. With this new provision there is no requirement to maintain a parking agreement for the purposes of enforcing parking.

Comment

City records also indicate that Centro Galleria Security officers have been issuing infringements pursuant to City of Bayswater Parking and Parking Facilities Local Law since 2004.

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It appears that Centro Galleria have a relaxed approach to parking enforcement and that this arrangement is to enforce all day parking prohibitions and commuters that utilise public transport.

During the life of this agreement there has not been many infringement notices issued. In 2009/10 the financial income from infringements was $2,250. In 2010/11 there was no income received.

Centro Galleria is updating its appointment of their Security Officers for the purpose of managing their customer parking and have requested that the City authorise these officers for the purposed of administering the parking local laws.

There are risks involved in the issuing of infringement notices by officers who are not employed by the City. These risks are manageable and include:

a) Officers not acting in the best interests of the City of Bayswater.

Centro Galleria Security Officers will be trained in the administration of the City of Bayswater Parking and Parking Facilities Local Law prior to their appointment as Honorary Inspectors.

The training will include Statutory and evidentiary requirements, along with training in relation to the City of Bayswater infringement issuance procedure.

b) Officers issuing incorrect and invalid infringement notices.

The City of Bayswater has an existing infringement withdrawal policy and process. Infringement errors are tracked against officers for performance reporting purposes.

c) Inability to manage or discipline staff for inappropriate behaviour.

If an officer is found to be acting in a manner not in the best interests of the City of Bayswater, the Chief Executive Officer may cancel any appointment at any time.

Centro has been working with the City of Bayswater Rangers and Security in the upgrading of the signs in the precinct and has reviewed and replaced signs in the area to provide clear parking areas within the precinct.

Legislative Implications

There is currently delegated authority in place to appoint these officers and this is as follows:

Local Government Act 1995 9.10. Appointment of authorised persons

(1) The local government may, in writing, appoint persons or classes of persons to be authorised for the purposes of performing particular functions.

Delegation Number EO-D06 Authorised Officers Officer Delegation

Chief Executive Officer Authority to appoint authorised officers/person in accordance with the Local Government Act and City of Bayswater Local Laws.

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City of Bayswater Parking and Parking Facilities Local Law: Schedule 4 -Parking Stations

Centro Galleria at Collier Road, Morley, Lot 213 – 4 Collier Road, Swan Location 12051 – Lot 12051 Russell Street, and Lot 1 – 37 Rudloc Road.

'Authorized Person'

means a person authorized by the local government under section 9.10 of the Act, to perform any of the functions of an Authorized Person under this Local Law;

Policy Implications

Nil.

Financial Implications

The appointment of Honorary Inspectors has historically provided additional parking infringement revenue. The value of Centro Galleria Security infringements during the 2009 period was approximately $2,250. During 2010/11 no income was received.

Voting Requirements

Simple Majority Required

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee/Officer Recommendation to Council

CR ALAN RADFORD MOVED, CR SYLVAN ALBERT SECONDED

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

Committee/Officer Recommendation to Council

That the Council endorse the appointment of Honorary Parking Inspectors to Centro Galleria Security Officers using the existing Delegated Authority provided to the City of Bayswater Chief Executive Officer.

Moved: Seconded:

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11.2.7 City of Bayswater Council Meeting Schedule 2012 Officer: Director of Administration and Community Services

Application

Council consideration is required for adopting the Ordinary Meeting of Council schedule associated Standing Committee and Council Meeting dates for January through to December 2012.

Background

In accordance with the requirements of the Local Government Act 1995, it is necessary for Council to approve the Council Meeting dates on a yearly basis and advertise the dates in the local newspaper.

Comment

The frequency of Ordinary Meetings times can be determined under Section 5.30 of the Local Government (1995) which stipulates that they must be held not more than three months apart. The current monthly programme complies with this provision.

The proposed meeting schedule has allowed for Standing Committee and Council Meetings.

Once Council has endorsed its meeting schedule, its times and dates will be advertised in accordance with the Local Government Act (1995) Section (1)(g) and Local Government Administration Regulations 1996, Regulation 12 parts (1) and (2).

2012 COMMITTEE AND COUNCIL MEETING DATES

MONTH

COMMITTEE 1 (Planning and Development & Administration and Community

Services)

COMMITTEE 2 (Technical Services & Finance and

Personnel)

COUNCIL MEETING

(TUESDAY)

JANUARY 4th week

Monday, 23 January 2012 4th week

Tuesday, 24 January 2012* 31 January

FEBRUARY 3rd week

Monday, 20 February 2012 3rd week

Tuesday, 21 February 2012 4th week

28 February

MARCH 3rd week

Monday, 19 March 2012 3rd week

Tuesday, 20 March 2012 4th week

27 March

APRIL 3rd week

Monday, 16 April 2012 3rd week

Tuesday, 17 April 2012 4th week 24 April

MAY 3nd week

Monday, 14 May 2012

3nd week Tuesday, 15 May 2012

3rd week 22 May

JUNE 3rd week

Monday, 18 June 2012 3rd week

Tuesday, 19 June 2012 4th week 26 June

JULY 3rd week

Monday, 16 July 2012 3rd week

Tuesday, 17 July 2012 4th week 24 July

AUGUST 3rd week

Monday, 20 August 2012 3rd week

Tuesday, 21 August 2012 4th week

28 August

SEPTEMBER 3rd week

Monday, 17 September 2012 3rd week

Tuesday, 18 September 2012

4th week 25 September

OCTOBER 3rd week

Monday, 15 October 2012 3rd week

Tuesday, 16 October 2012 4th week

23 October

NOVEMBER 2nd week

Monday, 12 November 2012 2nd week

Tuesday, 13 November 2012 3rd week

20 November

DECEMBER 1st week

Monday, 3 December 2012 1st week

Tuesday, 4 December 2012 2nd week

11 December

Policy Implications

Nil.

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Financial Implications

Nil.

Voting Requirements

Simple Majority Required.

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee/Officer Recommendation to Council

CR ALAN RADFORD MOVED, CR SYLVAN ALBERT SECONDED

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

Committee/Officer Recommendation to Council

That:

1. Council adopt the following schedule for the two Standing Committees and Ordinary Meeting of Council from January 2012 to December 2012:

2012 COMMITTEE AND COUNCIL MEETING DATES

MONTH

COMMITTEE 1 (Planning and Development & Administration and Community

Services)

COMMITTEE 2 (Technical Services & Finance and

Personnel)

COUNCIL MEETING

(TUESDAY)

JANUARY 4th week

Monday, 23 January 2012 4th week

Tuesday, 24 January 2012* 31 January

FEBRUARY 3rd week

Monday, 20 February 2012 3rd week

Tuesday, 21 February 2012 4th week

28 February

MARCH 3rd week

Monday, 19 March 2012 3rd week

Tuesday, 20 March 2012 4th week

27 March

APRIL 3rd week

Monday, 16 April 2012 3rd week

Tuesday, 17 April 2012 4th week 24 April

MAY 3nd week

Monday, 14 May 2012

3nd week Tuesday, 15 May 2012

3rd week 22 May

JUNE 3rd week

Monday, 18 June 2012 3rd week

Tuesday, 19 June 2012 4th week 26 June

JULY 3rd week

Monday, 16 July 2012 3rd week

Tuesday, 17 July 2012 4th week 24 July

AUGUST 3rd week

Monday, 20 August 2012 3rd week

Tuesday, 21 August 2012 4th week

28 August

SEPTEMBER 3rd week

Monday, 17 September 2012 3rd week

Tuesday, 18 September 2012

4th week 25 September

OCTOBER 3rd week

Monday, 15 October 2012 3rd week

Tuesday, 16 October 2012 4th week

23 October

NOVEMBER 2nd week

Monday, 12 November 2012 2nd week

Tuesday, 13 November 2012 3rd week

20 November

DECEMBER 1st week

Monday, 3 December 2012 1st week

Tuesday, 4 December 2012 2nd week

11 December

2. The City advertise the 2012 schedule of Standing Committees and Ordinary

Meeting of Council meeting dates and times in accordance with the Local Government Act (1995) Section 5.25 (1)(g), and Local Government Administration Regulations 1996 Regulation 12 Parts (1) and (2).

Moved: Seconded:

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11.2.8 Circus Application Attachment: No. l Location Map - Wright Park

No. 2 Location Map - Broun Park Officer: Director of Administration and Community Services

Application

Circus Joseph Ashton is seeking permission to conduct circus performances at an appropriate site within the City of Bayswater from Saturday, 7 January 2012 to Sunday, 22 January 2012.

Background

Circus Joseph Ashton have approached Recreation Services seeking permission to conduct circus performances at Pat O'Hara Reserve, Morley or any other suitable site. Pat O'Hara is not available at that time due to sporting commitments, however staff have recommended Wright Park (refer to Attachment No. 1) as this location is in an industrial area, has minimal impact upon the local community and is large enough to provide parking onsite. Circus Joseph Ashton is a unique and professional circus company dedicated to providing family entertainment of a world class standard, including such acts such as juggling, hand balancing, acrobatics and aerial acts. The Ashton's Big Top has a seating capacity of 500 people, as it is school holidays during the required period performances will be as follows:-

• Mondays, Tuesdays, Wednesdays, Thursdays and Sundays - 1 daytime performance.

• Fridays and Saturdays - 1 daytime performance and 1 evening performance. During the required dates there will be approximately 4 days of set up and pack up where no performances will take place. The last show of the day finishes at approximately 9.30pm, it is anticipated that parking implications and noise would have minimal (if any) impact on the surrounding residents. Circus Joseph Ashton does not have any dangerous or wild animals.

Circus Joseph Ashton have previously been granted permission on their last application was in 2008 and this was at Pat O'Hara Reserve. The City did not receive any complaints and the organisation was compliant with City of Bayswater conditions. The City charged Circus Joseph Ashton $320.00 per day ground rental and $10,000 ground bond for the use of Pat O'Hara Reserve.

Comment

Previous reports to Council on this matter identified the following conditions to allow circuses with or without animals to operate on Council controlled land:

• The circus complies with current Western Australian legislation relevant to the welfare of animals, health and public buildings.

• The circus demonstrating full compliance with all requirements of Public Liability Insurance. Certification must be presented with the application.

• The circus is required to adhere to the Animal Welfare Act – Code of Practice for the conduct of circuses in Western Australia (March 2003) and should there be any breaches or claims of breaches brought to the attention of the City the matter will be referred to the Royal Society for the Prevention of Cruelty to Animals W.A. Inc.

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• The circus having in place a suitable Management Policy, Emergency Procedures and Safety Policy to ensure the full safety of the public to the satisfaction of Council.

• The circus owners provide to Council before the circus is held, a certificate from a Qualified Structural Engineer certifying that temporary structures including the seating and animal training performance cages are safe and secure.

• Circuses be charged the appropriate ground fee and bond.

Circus Joseph Ashton has operated at a number of Councils around Australia and within Western Australia, Councils include:

• City of Perth;

• City of Fremantle;

• City of Swan;

• City of Armadale;

• City of Stirling;

• Town of Kwinana;

• City of Cockburn;

• City of Mandurah;

• Town of Bassendean;

• City of Rockingham;

• City of Wanneroo; and

• City of Joondalup. The City of Swan and Stirling were contacted about Joseph Ashton Circus, with both noting the professionalism and the cleanliness of its operations. The City of Swan charged Joseph Ashton Circus $10,000 bond and a hire rate of $150 per day including setup. The City of Stirling charged $5,000 bond with a hire fee for non-performing days and $300 hire fee on performing days. Both City's ensured that the Joseph Ashton Circus performed a letter drop residents living within 400 metres of the selected site. Wright Park is classed as a passive reserve and due to its location, doe not get utilised for any other purpose, so is available for the period Saturday, 7 January 2012 to Sunday, 22 January 2012. The Parks and Gardens Department have been consulted and advise that their only conditions would be that all animal feeds contain no wild seeds (including hay). Circus Joseph Ashton have been advised that Pat O'Hara Reserve is not available and have requested the use of Wright Park to conduct circus performances in January 2012. Wright Park is a passive area reserve located on a main road in an industrial area which would allow Circus Joseph Ashton maximum exposure without impinging on residential housing. The area allows sufficient space for the circus and parking. The current casual reserve hire rate is $175 per day; in 2008 the City charged Circus Joseph Ashton $320.00 per day ground rental and $10,000 bond.

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Policy Implications

Nil.

Financial Implications

A bond of $10,000 is recommended to be put in place to cover any potential damage to turf and reticulation systems at Wright Reserve as a result of any circus activity. Reticulation systems will need to be turned off for the duration of this event. Should Council wish to charge Circus Joseph Ashton the current casual reserve hire rate, the total for the period 7 January - 22 January would be $2,625, however Council may wish to consider a more suitable rate of $300 per day which would equate to $4,800 for the total hire period. This rate is more consistent with previous rates charged and other Local Governments.

Voting Requirements

Simple Majority Required. At the Planning and Development Services and Administration and Community Services Committee Meeting:

ADDENDUM – PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES COMMITTEE - 14 NOVEMBER 2011

2.8 Circus Application Officer: Director of Administration and Community Services

Additional Information

Circus Joseph Ashton has advised that although the dates requested are during school holidays, due to the summer heat, performances will only be scheduled for evening (no daytime performances will take place) commencing at 6.00pm daily excluding the four days required for set up and pack up.

Committee/Officer Recommendation to Council

CR GRAHAM PITTAWAY MOVED, CR MARLENE ROBINSON SECONDED

CARRIED: 6/1

FOR: Councillors Kenyon, JP, Pittaway, Radford, Sabatino, Albert and Turkington.

AGAINST: Councillor Robinson.

ADDENDUM – ORDINARY COUNCIL MEETING – 22 NOVEMBER 2011

At the Planning and Development Services and Administration and Community Services Committee meeting held on 14 November 2011, the Committee discussed an application from Joseph Ashton Circus seeking permission to conduct circus performances within the City from Saturday 7 January 2012 to Sunday 22 January 2012.

Part of the discussion focussed on traffic management and subsequently officers have reconsidered and further investigated the use of this site. Given the location of Wright Park officers advise that access and egress from Wright Park and the adjoining Wright Street and Collier Road could pose significant risk to traffic and pedestrians exiting the site especially at night time.

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There is also an added complexity as part of the land adjoining this reserve is Crown Land that is held by the Department of Planning for the purpose of the Tonkin Highway. Whilst the circus would perform on the City's reserve it would be reasonable to expect that vehicles would be travelling across or potentially parking upon the Crown Land, the City would need to gain approval from the Department of Planning and it would be unlikely that this would occur prior to the scheduled event. In light of the above Council may wish to consider the following options: Option 1 Consider Broun Park, Bayswater (refer Attachment No. 2) as an alternative venue. The park is located adjacent to Bayswater waves and already acts as an overflow car park during peak times at waves. The reserve is of sufficient size to accommodate the requirement of the circus and any visiting vehicles. The park is designated a passive reserve, therefore there will be no clash with summer season sport users. The park is surrounded by residential houses of a similar nature to Pat O Hara Reserve which has previously accommodated Joseph Ashton Circus. Should Broun Park be considered appropriate it is recommended that residents within 400m of the reserve are advised by letter of the requested circus visit. Option 2 Reject the application from Joseph Ashton Circus to conduct circus performances within the City from Saturday 7 January 2012 to Sunday 22 January 2012

Committee/Officer Recommendation to Council

That Council approve Circus Joseph Ashton’s request for use of a reserve and offer “Wright Park” to conduct the Circus, subject to the following conditions being applicable –

• The circus complies with current state and federal legislation relevant to the welfare of animals, health and public buildings.

• The circus demonstrates full compliance with all requirements of Public Liability Insurance. Certification must be presented with the application.

• The circus is required to adhere to the Animal Welfare Act – Code of Practice for the conduct of circuses in Western Australia (March 2003) and should there be any breaches or claims of breaches brought to the attention of the City the matter will be referred to the Royal Society for the Prevention of Cruelty to Animals W.A. Inc.

• The circus having in place a suitable Management Policy, Emergency Procedures and Safety Policy to ensure the full safety of the public to the satisfaction of Council.

• The circus owners provide to Council before the circus is held, a certificate from a Qualified Structural Engineer certifying that temporary structures including the seating and animal training performance cages are safe and secure.

• Any additional conditions/legislation deemed appropriate by Council Officers that may be applicable to conducting such an event on Council property within the City of Bayswater.

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• Use of the reserve be granted for the period of the 7 January to 22 January 2012 inclusive.

• A Casual Reserve Hire Fee of $300.00 (GST Inc) be charged on every day the reserve is utilised by the Circus.

• Circus Joseph Ashton perform a letter drop to residents to inform residents and business within 400 meters of the reserve on what will be occurring on the reserve, times and days of events and details of any disturbances they may face.

• Parks and Gardens staff identifies the location on the reserve which may be used by the Circus.

• A venue bond of $10,000 be applicable (and paid in advance) for the Circus booking to cover any potential damage to turf and reticulation systems.

Moved: Seconded:

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11.2.9 Draft Annual Report and Annual General Meeting of Electors Attachments 1. Draft Annual Report Officer: Chief Executive Officer

Application

To consider and accept the City of Bayswater Draft Annual Report 2010-11 and set the date for the Annual General Meeting of Electors.

Background

Previous AGM

The last Annual General Meeting of Electors was held on 19 January 2010. At that meeting, electors considered and accepted the City's Annual Report 2009-10 and Financial Statements.

Legislative Provisions

Section 5.53 of the Local Government Act 1995 requires that:-

• the City prepare an Annual report

• The Annual report is to contain:-

- A report from the Mayor

- A report from the Chief Executive Officer;

- An overview of the plan for the future of the district made in accordance with section 5.56, including major initiatives that are proposed to commence or to continue in the next financial year;

- The financial report for the financial year;

- Such information as may be prescribed in relation to the payments made to employees;

- The auditors report for the financial year;

- A matter on which a report must be made under Section 29(2) of the Disability Services Act 1993; and

- Details of entries made under section 5.121 during the financial year in the register of complaints, including the number of complaints recorded in the register of complaints and how the recorded complaints were dealt with.

Under section 5.54 of the Act, Council is required to accept the Annual Report (by absolute majority) by 31 December each year, subject to the completion of an independent audit.

The City's independent audit was undertaken by Macri Partners. The independent auditors report is dated 17 October 2011 and a copy is included on page 37 of the City's draft Annual Report 2010-11 and will be considered by the Audit Committee as part of the current meeting schedule.

Following formal acceptance of the Annual Report by Council, the Annual Report is required to be presented at an AGM of Electors.

The CEO is to give local public notice of:-

• availability of the Annual Report (S5.55) as soon as practicable following acceptance by the Council; and

• giving details of the date, time and place of the AGM (S5.29) with at least 14 days notice.

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Local Public Notice (S1.7) includes notification in the local newspaper and placing on public notice boards at the local government offices (Civic Centre, Galleria Office and The Rise) and every local government library (Morley, Maylands, Bayswater).

The AGM is required to be held in accordance with the Act:- - within 56 days of acceptance of the Annual Report by the Council (S5.27) - for the purpose of discussing the contents of the annual report and any other general business (Administration Regulations 15)

Comments

The Local Government Act 1995 treats the Annual Report as a key accountability document.

The Act (S 5.54) requires adoption of the Annual Report by 31 December each year, subject to the completion of an independent audit.

The City of Bayswater Draft Annual Report 2010- 11 meets the reporting requirements of the Act and in addition, provides the community with an overview of the City's programs, services and initiatives delivered by Council during the course of the 2010-11 financial year.

Policy implications

Nil.

Financial implications

It is estimated that the cost of production of the 2010/11 Annual Report and advertising will amount to approximately $3,500.

Voting Requirements

ABSOLUTE MAJORITY REQUIRED.

Officer's Recommendation

That:

1. The Annual Report (refer to Attachment No. 1) be adopted.

2. The 2011 Annual General Meeting of Electors, as required under the Local Government Act 1995 be held at the City of Bayswater Civic Centre on Thursday, 15 December 2011 commencing at 7:00pm.

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee Discussion

The Committee discussed the item and it was agreed that in the interests of transparency to the public, Councillor attendance at Committee and Council meetings should be included as a schedule within the Annual Report.

Committee Recommendation to Council

CR ALAN RADFORD MOVED, CR GRAHAM PITTAWAY SECONDED

CARRIED: 4/3

FOR: Councillors Kenyon, Robinson, Pittaway, Radford. AGAINST: Councillors Sabatino, Albert and Turkington.

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Committee Recommendation to Council

That:

1. The Annual Report (refer to Attachment No. 1) be adopted, with the inclusion of a schedule of attendance at all Committee and Council meetings.

2. The 2011 Annual General Meeting of Electors, as required under the Local Government Act 1995 be held at the City of Bayswater Civic Centre on Thursday, 15 December 2011 commencing at 7:00pm.

Moved: Seconded:

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11.2.10 Annual Leave - Chief Executive Officer Officer: Director of Administration and Community Services

At the Planning and Development Services and Administration and Community Services Committee Meeting:

MR DES ABEL DECLARED A FINANCIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Mr Des Abel declared a financial interest as he is programmed to assume the post of Acting Chief Executive Officer from 9 January 2012 to 5 February 2012 inclusive. At 9:59pm, Mr Des Abel withdrew from the meeting. MS FRANCESCA LEFANTE DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Ms Francesca Lefante declared an impartial interest as she is the Chief Executive Officer, and the subject of this report. At 9:59pm, Ms Francesca Lefante withdrew from the meeting.

Application

The Chief Executive Officer, Ms Francesca Lefante, requests Council approval to take annual leave for the period of 28 December 2011 to 6 February 2012.

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. The Chief Executive Officer wishes to take annual leave from 28 December 2011 to 6 February 2012 (inclusive). During this period it is proposed that Directors will act in this role as follows:

• 28 December 2011 to 8 January 2012 (2 weeks) - Director of Finance, Ted Budzinski

• 9 January 2012 - 5 February 2012 (4 weeks) - Director of Planning & Development Services, Des Abel

Policy Implications

Nil.

Financial Implications

Nil.

Voting Requirements

Simple Majority Required

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At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee/Officer Recommendation to Council

CR GRAHAM PITTAWAY MOVED, CR MICHAEL SABATINO SECONDED

CARRIED UNANIMOUSLY

At 10:00pm, Mr Des Abel returned to the meeting.

At 10:00pm, Ms Francesca Lefante returned to the meeting.

Committee/Officer Recommendation to Council

That:

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

• From 28 December 2011 to 6 February 2012 (inclusive).

2. The Director of Finance be authorised by Council to act in the capacity of Acting Chief Executive Officer during the period 28 December 2011 to 8 January 2012.

3. The Director of Planning and Development Services be authorised by Council to act in the capacity of Acting Chief Executive Officer during the period of 9 January 2012 to 5 February 2012 (inclusive).

Moved: Seconded:

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11.2.11 Kidsport Funding Request Attachments: 1. Kidsport Overview and Application Form Officer: Director of Administration and Community Services

Application

To seek approval from council to progress a funding application to the Department of Sport and Recreation to implement the KidSport program, within the City.

Background

The KidSport program is one part of a $20m initiative, "Sport 4 All" launched by the Department of Sport and Recreation (DSR) in mid 2011. The objective of "Sport 4 All" is to increase the physical activity levels of West Australians and increase the capacity, professionalism and sustainability of not for profit clubs. The KidSport program will be funded by the DSR for 4 years at $10 million. The aim of the program is to provide opportunities for people to participate in organised sport and recreation. KidSport will provide up to $200 per child (5-18Yrs) who hold a current Health Care Card (or other Centrelink pension card) to join a sport or recreation club. The $200 is to be used to pay for the child's registration fees and any required equipment or uniform. The program is funded through the DSR and the intention is for this to be managed though Local Governments. If approved the City of Bayswater would be responsible for administrating the program within its existing services and administration. The application process for the community is:

1. Applicants complete a registration form; 2. Submit to City of Bayswater for validation; 3. Validated Forms are returned to applicant; 4. Applicant submits validated form to club as their club fees (during club registration

process); 5. Clubs submit validated forms back to City of Bayswater along with invoice for

required amount; and 6. City of Bayswater creates cheque for payment to clubs.

The DSR will provide to the city grant funding in advance for the number of estimated applicants for a period of one year. The DSR will also provide up to $15,000 for administrative set up of the program.

Each year officers would acquit the program to the Dept of Sport and Recreation by providing key statistical data (excluding personal details) and would re-apply for the following years funding.

Officers at the City were approached by the DSR in August 2011 to discuss the City of Bayswater's interest in the KidSport initiative and have since continued communication.

Currently the City provides a 100% rebate on reserve hire fees to all junior sporting clubs based within the City of Bayswater (as per Council policy RC-P19).

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Comment

The initiative is to be rolled out to all metropolitan local governments by 2012/2013 subject to relevant Council's approval. The initiative has been piloted by a number of local government's including Kwinana, Gosnells and Cockburn since July 2011 with Swan, Joondalup and Wanneroo expected to launch in the coming weeks. The pilot program has been well received by both local governments and local communities. All councils that have launched the program have had significant interest from their community. Officers at the City of Bayswater have already begun to field enquiries from residents regarding the initiative. The City has the capacity to deliver the initiative through the club development program, utilising existing staff resources and it is envisaged that by taking on this program it would have minimal impact upon other administrative tasks and programs. The City will benefit by supporting both local sporting clubs and the local community and will be working in partnership with the Department of Sport and Recreation. It is recommended that an initial application of 200 vouchers be made for the 2011/2012 financial year which would cover applications for the 2012 winter season. As of the 2006 Census the City had 9100 (16.31 %) residents aged between 5 and 18 and 3631 (6.51 %) residents with a CentreLink concession card. From these statistics and data from clubs we would anticipate between 200 and 300 applications for the KidSport grant each financial year. The City would receive initial funding of up to $55,000 of which $15,000 would be utilised for administration and promotion costs and $40,000 would be distributed through the KidSport grants to local clubs. Additional funding would then be applied for each successive year dependant on previous year's applications and relevant statistics and demographics. The $15,000 in administration and promotion costs would contribute to the promotion and marketing of the initiative, the printing of application forms, an information night (possible in conjunction with the City of Swan to share costs) and the staff time spent on the initial set up administration.

Policy Implications

Nil

Financial Implications

Up to $15,000 administrative set up costs. Up to $40,000 grant aid per year (club registrations and equipment fees)

Voting Requirements

Simple Majority Required.

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At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee/Officer Recommendation to Council

CR ALAN RADFORD MOVED, CR SYLVAN ALBERT SECONDED

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

Committee/Officer Recommendation to Council

That Council approve a grant application to the Department of Sport and recreation for the KidSport program for $15,000 in administration costs in year one and for an initial allocation of 200 vouchers at $200 per voucher valued at $40,000.

Moved: Seconded:

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11.3 Reports of Management/Advisory Committees

11.3.1 Changes They've Seen Working Party - 7 November 2011 11.3.1.1 "Changes They've Seen" – Status Report

Attachments: Draft Chapter - Recent Times Officer: Director of Administration and Community Services

Application

To approve the draft chapters of the "Changes They've Seen" for publication.

Background

The author, Ms Cathy May has reviewed and incorporated various comments received from Committee members regarding the draft chapters of the "Changes They've Seen":

• The Second Century Begins;

• A History of Maylands 1929 - 1995; and

• The New Bayswater : A Work in Progress.

Comment

A copy of the recently revised copy of the draft chapters of the "Changes They've Seen" were distributed to Committee members on 4 November 2011 for consideration. The author Ms Catherine May, will provide a verbal update on the proposed final draft chapters.

Policy Implications

Nil.

Financial Implications

$35,000 has been allocated in the 2011/12 budget for associated production and purchase costs for the publication, the "Changes They've Seen".

Voting Requirements

Simple Majority Required.

At the "Changes They've Seen" Chapter Two Working Party Meeting:

Officer's Recommendation

That:

1. The "Changes They've Seen" Status Report be received.

2. The draft chapters of the "Changes They've Seen" be approved for publication;

• The Second Century Begins;

• A History of Maylands 1929 - 1995; and

• The New Bayswater : A Work in Progress.

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At the "Changes They've Seen" Chapter Two Working Party Meeting:

Committee Discussion

Ms Cathy May has held meetings with the Chief Executive Officer, the City's Records Coordinator and various Committee members. Ms May gave the Committee an overview on the progress and sections that have been updated and also provided a copy of the draft chapter 'Recent Times' (refer to Attachment No. 1). - The Chairperson then went around the table to obtain the following comments: - Inclusion of Honour Boards as an appendix. - Local Government boundary changes and reform. - Information about community groups. - Rubbish and recycling. - Formation of Community Bank. - Information regarding Disability Access and Inclusion awareness. - Information regarding Home and Community Care. Committee Recommendation CR TERRY KENYON MOVED, CR BARRY MCKENNA SECONDED

CARRIED

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee/Working Party Recommendation to Council

CR ALAN RADFORD MOVED, CR SYLVAN ALBERT SECONDED

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

Committee/Working Party Recommendation to Council

That:

1. The "Changes They've Seen" Status Report be received.

2. The draft chapters of the "Changes They've Seen" be further considered by Committee members for discussion at the next Committee meeting:

- The Second Century Begins; - A History of Maylands 1929 - 1995; - The New Bayswater : A Work in Progress; and - Recent Times.

Moved: Seconded:

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11.3.2 Disability Access and Inclusion Plan (DAIP) Advisory Committee - 4 October 2011

11.3.2.1 Outstanding Business Items Report

Officer: A/Director of Administration and Community Services

Application

To present information about the Outstanding Business Items from the previous Disability Access and Inclusion Plan (DAIP) Advisory Committee meeting held on 28 June 2011.

Background

Outstanding business items are presented to Council to ensure that all recommendations or discussions are completed.

Comment

The current outstanding items are presented from the DAIP committee meeting that was held on the 28 June 2011 as follows: 1. Public Transport Authority (PTA) - Transperth Community Education The PTA offered community awareness information sessions and Transperth Tours. The City's BLIS program participated in this initiative on the following dates:

• Mondays 1 and 5 August 2011

• Tuesdays 6 and 20 September 2011

• Wednesdays 5 and 12 October 2011 The staff and clients have enjoyed participating in the sessions and provided excellent feedback and recommend this service for community members. Officers will organise a public community forum to promote this initiative with the PTA. 2. Access Issues at Riverside Gardens Officers have completed the access issue from the car park to the footpath near the boat ramp area at Riverside Gardens. 3. New Premises Standards Information As from 1 May 2011, the Building Code of Australia (BCA) and Australian Standards relating to Disability Access requirements changed extensively and also introduced the Disabilities Discrimination (Access to Premises- Buildings) Standards 2010. These changes have brought greater responsibilities to the Building Designer and the Building Surveyor/Certifier roles and accountabilities when future buildings are being designed and approved. These changes are significant and need to be thoroughly understood and appreciated when assessing plans for approval and applying the BCA and Standards.

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Many training seminars have been, are still being run by the industry to advise the relevant stakeholders what their roles are in regards to the new Standards and the potential for litigation that is proceeding and a critical look at the requirements of the legislation which also covers Access to Premises Standards, Unjustifiable hardship and the relationship between the Access to Premises Standards and the BCA. The City as part of its future Capital Works program will be taking the appropriate steps in ensuring that new buildings comply with these standards; as well as, endeavour over a period of time, to make its existing buildings more accessible in accordance with the new standards. 4. Flora Reserve - Risk Assessment by the City's Security Services Currently under review, officers will present the findings from this assessment at the next meeting.

Policy Implications

Nil.

Financial Implications

Nil.

Voting Requirements

Simple Majority Required.

At the Disability Access and Inclusion Plan (DAIP) Committee Meeting:

Advisory Committee/Officer Recommendation CR SALLY PALMER MOVED, MRS CATHERINE MARION SECONDED.

CARRIED

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee/Advisory Committee/Officer Recommendation to Council

CR SONIA TURKINGTON MOVED, CR SYLVAN ALBERT SECONDED

CARRIED UNANIMOUSLY

Committee/Advisory Committee/Officer Recommendation to Council

That the information in the Outstanding Business Items Report for 28 June 2011 be received.

Moved: Seconded:

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11.3.2.2 Minutes from Disability Access and Inclusion Plan (DAIP) Interdepartmental Committee Meeting Report Attachments: 1. Minutes - DAIP Interdepartmental Committee Meeting Officer: A/Director of Administration Services

Application

To present the Minutes from the Disability Access and Inclusion Plan (DAIP) Interdepartmental Committee Meeting held on Wednesday, 7 September 2011.

Background

The Disability Access and Inclusion Plan (DAIP) Interdepartmental Committee Meeting is held prior to the DAIP Advisory Committee Meeting. Managers are invited to this meeting to inform them about the City’s current DAIP initiatives and issues (refer to Attachment No. 1). Managers may also provide feedback about the DAIP and the Implementation plan.

Comment

Council services are working together to meet the required outcomes as stated in the City’s DAIP and Implementation Plan. Managers provide feedback on relevant DAIP issues that have been addressed or discuss recommendations from the previous Council meeting. There is also the opportunity for everyone to share new ideas to meet current DAIP initiatives.

Policy Implications

Access Improvement Policy CS-PO2.

Financial Implications

Nil.

Voting Requirements

Simple Majority Required.

At the Disability Access and Inclusion Plan (DAIP) Committee Meeting:

Advisory Committee/Officer Recommendation MRS SIETSKE HARING MOVED, MR DAVID ANGELL SECONDED.

CARRIED

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee/Advisory Committee/Officer Recommendation to Council

CR SONIA TURKINGTON MOVED, CR SYLVAN ALBERT SECONDED

CARRIED UNANIMOUSLY

Committee/Advisory Committee/Officer Recommendation to Council

That the information contained in the Minutes - Disability Access and Inclusion Plan (DAIP) Interdepartmental Committee Meeting Report be received.

Moved: Seconded:

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11.3.2.3 You're Welcome WA Access Initiative Funded Project Report Officer: A/Director Administration and Community Services

Application

To provide an update on the You’re Welcome WA funded project.

Background

The City of Bayswater received grant funding of $17,000 from the Disability Services Commission to complete the You’re Welcome WA project from 1 July 2010 to 30 June 2011.

The intention of this project is to provide publicly accessible information to assist people with disability in their journey planning. This provides an opportunity for people to make an informed decision about the places they choose to visit locally that meets their specific needs.

Comment

The You’re Welcome WA grant funding provided an opportunity for the City to evaluate and report accurately on the facilities within the boundaries of our City. Reporting templates were provided by the Disability Services Commission and completed for all the facility items approved by this Committee and endorsed at the Ordinary Meeting of Council o 23 November 2010.

Officers completed the final report/acquittal process that was sent to the Disability Services Commission by 31 August 2011.

Policy Implications

Nil.

Financial Implications

Disability Services Commission grant funding $17,000.

Voting Requirements

Simple Majority Required.

At the Disability Access and Inclusion Plan (DAIP) Committee Meeting:

Advisory Committee/Officer Recommendation CR SALLY PALMER MOVED, MRS CATHERINE MARION SECONDED.

CARRIED

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee/Advisory Committee/Officer Recommendation to Council

CR SONIA TURKINGTON MOVED, CR SYLVAN ALBERT SECONDED

CARRIED UNANIMOUSLY

Committee/Advisory Committee/Officer Recommendation to Council

That the information contained in the You’re Welcome WA Funded Project Report be received.

Moved: Seconded:

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11.3.2.4 General Information on New Initiatives Report Attachments: 1. Count Me In - Disability Awareness Week

2. Public Transport Authority - Perth City Link Project Officer: A/Director Administration and Community Services

Application

To present information on the new initiatives for disability access and inclusion.

Background

The City of Bayswater receives general information for new initiatives on disability access and inclusion issues both locally and nationally. This information is presented to inform our Committee members about new initiatives.

Comment

World Health Organisation (WHO) Report on Disability Attention has focused on ways to remove barriers to the participation of people with disabilities in their communities following the Convention on the Rights of Persons with Disabilities. The first ever World Report on Disability, produced jointly by WHO and the World Bank, reviews evidence about the situation of people with disabilities and offers directions for policy and practice which can help overcome exclusion internationally. This pioneering report shows how removing barriers to mainstream services and investing in rehabilitation, support services and more accessible environments can ensure that millions of people with disabilities can participate in education, employment and wider society. To view the full report, visit the following website: www.who.int/disabilities/world_report/2011/en/index.html

Count Me In Count Me In Awards A submission has been forwarded by Disability Services Commission for the Count Me In Award for local government. Results will be announced on Thursday 1 December 2011. (Refer to Attachment No. 1). Disability Awareness Week Disability Awareness Week recognises and shares the achievements of individuals, organisations, local and state government and communities contributing to a better future for people with disabilities. Information about Disability Awareness Week events is presented in Attachment 1. For more information, visit the website: http://www.disability.wa.gov.au/countmein.html Perth City Link Project The Public Transport Authority provided information about the Perth City Link Project. The project aims to create a dynamic new destination in the city centre and is a significant project for the evolution of Perth. The works are due for completion in 2014. Information sessions were presented to promote these works for the community (refer to Attachment No. 2).

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To register for the Transperth Accessibility Group, visit the website: www.transperth.wa.gov.au and click on the TravelEasy icon to register. There are no restrictions on who can register.

Policy Implications

Nil.

Financial Implications

Nil.

Voting Requirements

Simple Majority Required.

At the Disability Access and Inclusion Plan (DAIP) Committee Meeting:

Advisory Committee/Officer Recommendation CR SALLY PALMER MOVED, MRS SIETSKE HARING SECONDED.

CARRIED

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee/Advisory Committee/Officer Recommendation to Council CR SONIA TURKINGTON MOVED, CR SYLVAN ALBERT SECONDED

CARRIED UNANIMOUSLY

Committee/Advisory Committee/Officer Recommendation to Council

That the information contained in the General Information on New Initiatives Report be received.

Moved: Seconded:

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11.3.2.5 Creating Accessible Communities Pamphlet Feedback Status Report Officer: A/Director Administration and Community Services

Application

To inform the Committee about the Creating Accessible Communities pamphlet feedback forms received from community members.

Background

The pamphlet provides an opportunity to acknowledge an access improvement that assists people in the community or identify an access barrier that limits the ability of people in the community. Access issues are addressed by the relevant services when community members complete a Creating Accessible Communities pamphlet and post it to the City, information may be received by email or discussed on the telephone.

Pamphlets are available from the City's libraries, Galleria office, Senior Citizens Centres, the Civic Centre reception or posted upon request.

Comment

The following table summarises the comments that have been received

1. Access Feedback

Date: 01/09/2011

Suburb: Maylands

Location: BWS 43 - 53 Eighth Avenue Maylands

Feedback: Speed bump has been installed across the rear of a parking bay for people with disability to prevent flooding of the BWS after heavy showers. The vehicle ramp cannot be lowered for wheelchair access due to this speed hump.

Action: Manager Technical Services is liaising with the BWS to address this situation and find out who installed this speed hump.

Status: Officers are working towards a solution with BWS Management.

2. Access Feedback

Date: 2/9/2011

Suburb: Bedford

Location: Access at Russell Street, Morley

Feedback: During works being undertaken at Russell Street, Morley, there were some access issues re: tape and witches hats around holes in the footpath. A person with vision impairment found it difficult to see this alert and nearly fell into the hole. He requested that portable tactile paving be used to alert people with vision impairment of access issues and works.

Action: The Manager Technical Services acknowledged this suggestion for future footpath works and would enquire about portable tactile paving.

Status: Works had been completed when the City received this feedback.

Policy Implications

Nil.

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Financial Implications

Nil.

Voting Requirements

Simple Majority Required.

Officer's Recommendation to DAIP Advisory Committee

That the Creating Accessible Communities Pamphlet Feedback Status Report be received.

At the Disability Access and Inclusion Plan (DAIP) Committee Meeting:

Committee Discussion It was witnessed at the Noranda Palms shopping centre, that a taxi driver parked in a bay for people with disability when collecting or dropping off customers. It was suggested that the Taxi Board be contacted to raise awareness for taxi drivers regarding parking in the ACROD bays.

The ramps across Woolsey Street to McGilvray Street are very steep, Officers to follow up.

The Manager Security Services to liaise with Galleria Management/Morley Markets regarding trolleys left in laneways and near the bus stop blocking access for all.

Pathway at Babington and Alderhurst Street near Houghton Park, officers to follow up.

The Committee discussed the officer's recommendation and a second point was added to the recommendation to raise awareness about access issues through the advertised Mayoral Column.

2. The City to raise awareness about access issues through the Mayoral Column.

Committee Recommendation MS CATHERINE MARION MOVED, CR SALLY PALMER SECONDED that:

1. The Creating Accessible Communities Pamphlet Feedback Status Report be received.

2. The City to raise awareness about access issues through the Mayoral Column.

CARRIED

At the Planning and Development Services and Administration & Community Services Committee Meeting:

Committee/Advisory Committee Recommendation to Council CR SONIA TURKINGTON MOVED, CR SYLVAN ALBERT SECONDED

CARRIED UNANIMOUSLY

Committee/Advisory Committee Recommendation to Council

That:

1. The Creating Accessible Communities Pamphlet Feedback Status Report be received.

2. The City to raise awareness about access issues through the Mayoral Column.

Moved: Seconded:

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11.3.2.6 Late Item - 2012 - 2013 DAIP Committee The Local Government elections will be held in October and at that time all Committees will be reviewed and a new DAIP Committee will be established for 2012 - 2013. The Acting Director Administration and Community Services thanked the current Community representatives for their time and support of the Disability Access and Inclusion Plan (DAIP) committee and invited those members to re-apply if they wished.

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12 BUSINESS - TECHNICAL SERVICES & FINANCE AND PERSONNEL COMMITTEE

Application

To inform the Council of the minutes of the meeting of the Technical Services and Finance & Personnel Committee which was held on 15 November 2011.

Background

A copy of the minutes of the meeting of the Technical Services and Finance & Personnel Committee which was held on 15 November 2011 follow this report.

Officer's Recommendation to Council

That the minutes of the meeting of the Technical Services and Finance & Personnel Committee which was held on 15 November 2011, be received.

Moved: Seconded:

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FOR INFORMATION ONLY This page does not form part of the Council Agenda

TECHNICAL SERVICES & FINANCE & PERSONNEL COMMITTEE MINUTES 15 NOVEMBER 2011

CITY OF BAYSWATER MINUTES of the meeting of the Technical Services and Finance & Personnel Committee which took place in Council Chambers, City of Bayswater Civic Centre, 61 Broun Avenue, Morley on Tuesday, 15 November 2011 commencing at 7:00 pm.

Committee Recommendations to Council are subject to adoption, or otherwise, at the following Ordinary Meeting of Council, as recorded in Minutes of that Council Meeting.

M I N U T E S

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

Present:

Members

Cr Barry McKenna, Deputy Mayor Chairperson Cr Mike Anderton, JP Cr Graham Pittaway, OAM Cr Alan Radford Cr Chris Cornish Cr Martin Toldo Cr Sonia Turkington Deputising for Cr Terry Kenyon, JP, Mayor

Officers

Ms Francesca Lefante Chief Executive Officer Mr Ted Budzinski Director of Finance Mr Doug Pearson Director of Technical Services Mr James Riley Manager Environmental Health Ms Carol Newport PA/Director of Finance Ms Wardia Du Toit PA/Director of Technical Services

Public

Nil.

Press

Nil.

Apologies

Cr Terry Kenyon, JP, Mayor

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TECHNICAL SERVICES & FINANCE & PERSONNEL COMMITTEE MINUTES 15 NOVEMBER 2011

DELEGATED AUTHORITY BY COUNCIL

Delegated Authority

There were no items appearing in these minutes for which the Technical Services and Finance & Personnel Committee had been granted delegated authority by Council in accordance with Section 5.23 of the Local Government Act 1995. This meeting was open to the public but was closed to receive any deputations. Terms of Reference

Technical Services: To consider reports and make recommendations to Council in respect to issues relating to the delivery of services within the areas of Engineering, Parks and Gardens, Environmental Health and the Environment, Technical Design and all other aspects of the Technical Service operations of the City of Bayswater.

Finance & Personnel: To consider reports and make recommendations to Council in respect to statutory and management financial reporting, accounts payable/receivable, investments, donations, capital proposals, budget reviews, loan submissions, insurance, recreational facilities managed under contract by the YMCA, personnel issues and all other Finance & Personnel operations of the City of Bayswater.

DECLARATION OF INTEREST

In accordance with Section 5.60A and 5.65 of the Local Government Act 1995 the following disclosures of financial interest were made at the meeting:-

Date Name Item No.

15 November 2011 Cr Mike Anderton, JP 1.1 Transpacific Cleanaway Recycling

Education Program Report

In accordance with Section 5.60B and 5.65 of the Local Government Act 1995 the following disclosures of proximity interest were made at the meeting:-

Nil.

In accordance with Clause 34C of the Local Government (Administration) Regulations 1996 the following disclosures of interests affecting impartiality were made at the meeting:-

Date Name Item No.

15 November 2011 Cr Barry McKenna 1.2 Traffic Management Working Party

15 November 2011 Mr Doug Pearson, 1.2 Traffic Management Working Party

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TECHNICAL SERVICES & FINANCE & PERSONNEL COMMITTEE MINUTES 15 NOVEMBER 2011

CONFIRMATION OF MINUTES

CR ALAN RADFORD MOVED, CR GRAHAM PITTAWAY SECONDED that the Minutes of the meeting of the Technical Services and Finance & Personnel Committee held on 25 October 2011, which had been circulated, be confirmed as a true and correct record.

CARRIED UNANIMOUSLY

DEPUTATIONS

Nil.

ORDER OF BUSINESS

Items of business were dealt with in the following order : 1.1, 1.2, 2.1, 2.4, 2.5, 2.7 and 4.2.2, confidential en bloc recommendations 4.1.1, 4.1.2 and 4.2.1, en bloc recommendations 2.2, 2.3, 2.6 and en bloc recommendations 3.1.1 to 3.1.3 and 4.3.1

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12.1 Technical Services

12.1.1 Transpacific Cleanaway Recycling Education Program Report Attachments: Primary School Recycling Education Program Report Term

3 - 2011 Officer: Director of Technical Services

At the Technical Services and Finance & Personnel Committee Meeting:

CR MIKE ANDERTON, JP DECLARED A FINANCIAL INTEREST In accordance with Section 5.60A and 5.65 of the Local Government Act 1995, Cr Mike Anderton, JP declared a financial interest in this item as Cleanaway is a client of his. Cr Anderton withdrew from the meeting at 7:02pm.

Application

To advise Council of the Transpacific Cleanaway Recycling Education Program Report for Term 3 - 2011.

Background

Transpacific Cleanaway Officers on behalf of the City of Bayswater have been proactively conducting the Primary School Recycling Education Program to promote and educate children at the local Primary Schools within the City of Bayswater The Primary School Recycling Education Program has been designed to educate students in Years 1–7 about waste minimisation and management through implementing reduce, reuse, recycle and recover principles. As children are recognised as great agents of change they will be encouraged to take what they learn from the program and utilise the principles within school and home environments. Children would learn concepts and approaches for sustainable practices that should be carried forward into adult life. For learning suitability, the program has been segmented into two age groups:

1. Years 1 - 3 2. Years 4 - 7

The key component of the program is to educate students about the importance of waste management and minimisation through reducing, reusing, recycling and recovering as much resources as practicable. At the end of the program participants should understand the following:

* How to adopt waste management principles that minimise the amount of waste generated;

* How to segregate waste correctly; * The principles of 4R’s – Reduce Reuse Recycle Recover; * The relevant bin system and products that can be recycled in their municipality; * What happens to recyclables once they are collected and taken to the Material

Recycling Facility (MRF); * What a MRF is and the impact of contamination on clean loads; * The implications and associated problems caused by land-filling waste;

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The impact recycling has on the preservation of precious resources and reducing life-style Green House Gas (GHG) emissions;

* Individuals must take responsibility for their waste and ultimately their carbon footprint.

Enclosed as Attachment 1 is the Transpacific Cleanaway's Recycling Education Program Report for Term 3 - 2011. In Term 3 - 2011, Transpacific Cleanaway Officers conducted their recycling presentations at Camboon Primary School. The report indicated positive feedback from students and teachers alike. The report also highlighted that students have been actively recycling at home with a majority of the students aware of the difference between recyclable and non recyclable products. About 63% of the students indicated that they refer to the Council's Waste and Recycling Guide distributed by the City of Bayswater for their information. There is a concern that some of the students believe that plastic bags and clothes are recyclable. The results appeared to be reflective of the common confusion in the community that plastic bags and clothes are recyclable.

Comment

Contamination is a serious matter which can result in contaminated recyclable products being disposed of at landfill sites. Over the years, some of the common contaminated products reported by Transpacific Cleanaway were plastic bags, plastic wrapping, polystyrene, clothing and food wastes. The Recycling Education Program through the primary schools is one of the strategies that the City of Bayswater and Transpacific Cleanaway are promoting to improve the recycling knowledge in the community. The feedback from the students and teachers at Camboon Primary School was very supportive with the majority of the students and teachers extremely positive about the City's and Transpacific Cleanaway's Recycling Education Program conducted at the local primary schools. There were a small percentage of students who do not recycle and incorrectly identified the recyclable products. The consensus was however that on going recycling programs would improve the student knowledge and encourage them to recycle at home.

Policy Implications

Nil.

Financial Implications

Nil.

Voting Requirements

Simple Majority Required

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At the Technical Services and Finance & Personnel Committee Meeting:

Committee/Officer Recommendation to Council

CR SONIA TURKINGTON MOVED, CR CHRIS CORNISH SECONDED

CARRIED UNANIMOUSLY

At 7:05pm Cr Mike Anderton JP returned to the meeting.

Committee/Officer Recommendation to Council

That Council:

1. Notes the outcome of the Transpacific Cleanaway's Primary School Recycling Education Program Report.

2. Supports the continuation of the Recycling Education Program at Primary Schools located within the City of Bayswater.

Moved: Seconded:

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12.1.2 Traffic Management Working Party Attachments: (Confidential) Nominations Received

City's Correspondence Officer: Director of Technical Services Refer: Item 12.3 OMC 14.04.09

Item 12.5 OMC 09.06.09 Item 12.1.12 OMC 24.08.10 Item 12.1.2 OMC 29.03.11 Item 12.1.6 Reconvened OMC 04.10.11

At the Technical Services and Finance & Personnel Committee Meeting:

CR BARRY MCKENNA DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Cr Barry McKenna declared an impartial interest as Mr Peter Jones, who is a nominee for the Working Party, is also a teacher at Trinity College where I work. Cr McKenna remained in the room during voting on this item. MR DOUG PEARSON, DIRECTOR OF TECHNICAL SERVICES, DECLARED AN IMPARTIAL INTEREST In accordance with Section 5.65 of the Local Government Act 1995, Mr Doug Pearson declared an impartial interest in this item as his cousin is a resident of the unit development on King William Street, Bayswater. Mr Pearson remained in the room during voting on this item.

Application

To allow Council consideration of;

(a) nominations for membership on the Traffic Management Working Party; and (b) further information in relation to the access/egress to the Ascot Park

development;.

Background

The issue of traffic management in Slade Street and surrounding streets in the Bayswater area has been ongoing for a considerable period of time. As Councillors may be aware, a number of Electors' Meetings have been held, and reports presented to Council in relation to this matter as referred above. In considering the results of a second traffic management trial at the Ordinary Council Meeting of 26 July 2011, Council resolved as follows;

"That this item be deferred for three months in order to review the information received and further information being provided in relation to the access and egress to Ascot Park development."

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In the interim period, the most recent Special Electors' Meeting was held on 29 August 2011 and the following recommendations were passed at this meeting;

"MR PAUL STEPHENS MOVED, MR JOE RUNDUS SECONDED that:

1. The Council prepare a draft local area traffic management plan to reduce traffic volumes and speeds in the area bound by Guildford Road, King William Street, Whatley Crescent and Newton Street and the local area traffic management plan is not to include road closures that will shift traffic from one street to another within the area and is not include the use of speed humps or vertical displacement devices.

2. The draft local area traffic management plans be made available for public

comment prior to final consideration by Council. CARRIED

(46 VOTES FOR / 19 VOTES AGAINST)

MR MARKO VOJKOVIC MOVED, MR JOE RUNDUS SECONDED that: 1. Traffic calming measures be implemented for the 'block' that includes Slade,

Aughton, Cobden, Anzac, Olfe, Hamilton and Whatley (King William to Newton) Streets. Plans be drawn up in consultation with representatives from those streets and implemented as a priority.

2. The Council immediately action the necessary processes to ensure that all streets

(Slade, Aughton, Cobden, Anzac, Olfe, Hamilton and Whatley (King William to Newton Streets) be signed, "Traffic Calmed Area 50kph".

CARRIED (43 VOTES FOR / 24 VOTES AGAINST)"

The resolutions of the Special Electors' Meeting were considered at the Reconvened Ordinary Council Meeting of 4 October 2011 where Council resolved as follows;

"That Council call nominations for representatives (two (2) from each street/group) from Slade Street, Whatley Crescent, Aughton Street, Cobden Street, Anzac Street, Olfe Street, Hamilton Street, Newton Street, King William Street, Ascot Gardens, West Ward Councillors and Slade Street Traffic Management Working Group to consult with staff in relation to the development of traffic management plans for their respective streets and all nominations received are to be referred to Council for selection."

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In accordance with the Council resolution, nomination forms were forwarded to the owners and occupiers within the streets and/or group (1,065 in total) and 28 nominations have been received (refer 'Confidential' Attachment 1) as follows;

STREET/GROUP No. RECEIVED Ascot Park 1

Anzac 2

Aughton 3

Cobden 5

Hamilton 3

King William 3

Newton 1

Olfe 1

Slade 4

Slade Street LATM Working Group 2

Whatley 3

TOTAL 28 With respect to further information being provided in relation to the access and egress to Ascot Gardens, Planning and Development staff have undertaken extensive investigations of the City's records and have identified correspondence from the City stating that an access to Slade Street will be necessary as part of the approval for the development (refer Attachment 2).

Comment

With respect to the Council resolution of 4 October 2011, nominations for representatives were called as detailed above. The received nominations are now put forward for Council consideration as per the Council resolution.

Once Council has selected representatives for each street/group, it is proposed to hold an initial meeting will all representatives and then to focus on solutions for each street with the relevant representatives before once again holding a joint meeting.

The format of the proposed meetings will be further considered at the original start up meeting involving all representatives.

Considering the expansion of the original Slade Street Traffic Management Working Group, it is considered appropriate that it be renamed to the Bayswater 'Triangle' Traffic Management Working Group to better define the area involved.

It is also proposed that the issues associated with the access/egress to Ascot Part will be further considered in conjunction with a potential solution for the Slade Street Traffic Management issues.

Policy Implications

Nil.

Financial Implications

Will be dependant on options chosen.

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Voting Requirements

Simple Majority Required.

Officer's Recommendation

That Council nominate the following representatives to the Bayswater 'Triangle' Traffic Management Working Group;

(a) __________________ and __________________ from Slade Street;

(b) __________________ and __________________ from Whatley Crescent;

(c) __________________ and __________________ from Cobden Street;

(d) Chris Sims from Olfe Street;

(e) __________________ and __________________ from Hamilton Street;

(f) Rene Fragomeni from Newton Street;

(g) __________________ and _________________ from King William Street;

(h) Cr _______________ and Cr ____________ from West Ward Councillors; and

(i) __________________ and __________________ from the Slade Street

Local Area Traffic Management Working Group. <

At the Technical Services and Finance & Personnel Committee Meeting:

Committee Discussion

The Committee felt that its recommendation should remain confidential until Council consideration. COMMITTEE RESOLUTION

CR GRAHAM PITTAWAY MOVED, CR CHRIS CORNISH SECONDED that Item 1.2 be recommitted for discussion behind closed doors.

CARRIED UNANIMOUSLY

COMMITTEE RESOLUTION

CR ALAN RADFORD MOVED, CR GRAHAM PITTAWAY SECONDED that the meeting be closed to the public.

CARRIED UNANIMOUSLY

At 7:32pm, the doors were closed to the public.

Committee Recommendation to Council

CR MARTIN TOLDO MOVED, CR CHRIS CORNISH SECONDED CARRIED UNANIMOUSLY

COMMITTEE RESOLUTION

CR ALAN RADFORD MOVED, CR MARTIN TOLDO SECONDED that the meeting be re-opened to the public.

CARRIED UNANIMOUSLY

At 7:34pm, the doors were re-opened to the public, however there were no members of the public present.

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Committee Recommendation to Council

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

Moved: Seconded:

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12.2 Finance & Personnel

12.2.1 Financial Reports for the Period 1 July to 31 October 2011 Officer: Director of Finance

Application

To inform Council of the financial reports for the period 1 July to 31 October 2011.

Background

The financial statements for the reporting period are submitted in the form of :

o Financial Activity Statement Report

o Net Current Asset Position

o Reserve Fund Statement

o Summary Schedule of Divisional Financial Activity

o Divisional Summaries.

Policy Implications

Nil.

Financial Implications

Nil.

Voting Requirements

Simple Majority Required.

At the Technical Services and Finance & Personnel Committee Meeting:

Committee/Officer Recommendation to Council

CR ALAN RADFORD MOVED, CR SONIA TURKINGTON SECONDED CARRIED UNANIMOUSLY

Committee/Officer Recommendation to Council

That the financial reports for the period 1 July to 31 October 2011 be received.

Moved: Seconded:

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CITY OF BAYSWATER

FINANCIAL ACTIVITY STATEMENT REPORT

FOR THE PERIOD 1 JULY 2011 TO 31 OCTOBER 2011

% OF YEAR 33.61%

REVENUE ADOPTED %

BUDGET 2011-2012 ACTUAL BUDGET

General Purpose Funding 33,927,786 31,747,489 93.57 Law Order & Public Safety 80,230 52,460 65.39

Health 87,900 66,854 76.06

Welfare & Education 8,443,629 2,918,107 34.56 Housing 74,200 32,122 43.29

Community Amenities 9,526,336 9,099,188 95.52

Recreation & Culture 6,465,575 1,705,540 26.38

Transport 487,000 181,610 37.29 Economic Services 640,200 232,276 36.28

Other Property & Services 84,500 17,856 21.13LESS $59,817,356 $46,053,502 76.99

OPERATING EXPENDITURE

General Purpose Funding 552,241 270,112 48.91

Governance/Admin 4,171,651 1,302,426 31.22 Law Order & Public Safety 1,947,928 601,496 30.88

Health 1,355,856 400,832 29.56

Welfare & Education 8,917,011 2,922,459 32.77 Housing 140,765 44,858 31.87

Community Amenities 10,464,437 2,854,859 27.28

Recreation & Culture 23,043,323 6,639,417 28.81

Transport 4,710,370 1,546,591 32.83 Economic Services 1,490,465 396,863 26.63

Other Property & Services 1,716,728 393,133 22.90$58,510,775 $17,373,046 29.69

ADD

CONTRIBUTIONS/GRANTS FOR THE

DEVELOPMENT OF ASSETS

General Purpose Funding 663,200 129,602

Recreation & Culture 328,310

Transport 763,412 117,025

$1,754,922 $246,627

Funding for Operations $3,061,503 $28,927,083

ADD

DISPOSAL OF ASSETS $450,000 $240,910

RESERVES MOVEMENT $1,284,827 $1,932,023PRINCIPAL LOAN RECOVERIES $58,256 $21,094

EMPLOYEE PROVISIONS $99,500

DEPRECIATION $6,322,500 $2,107,500$8,215,083 $4,301,527

LESS

CAPITAL EXPENDITURE $15,993,294 $4,728,718

AGED PERSONS HOMES - RESTRICTED $204,328REPAYMENT OF DEBT $58,256 $20,433

PROFIT/LOSS ON DISPOSAL OF ASSETS ($340,056)

$15,711,494 $4,953,479

OPENING BALANCE $4,934,908 $4,408,089

CLOSING BALANCE $500,000 $32,683,220

Explanation of expenditure greater than 10% of the average monthly estimates

General Purpose Funding - Annual Rates on Council Properties

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NET CURRENT ASSET POSITION AS AT 31 OCTOBER 2011

2011/2012 2010/2011

SURPLUS SUMMARY REPRESENTED BY

CASH AT BANK AS AT 30 SEPTEMBER 2011 $30,011,068 $28,623,513

DEBTORS/INCOME DUE NOT RECEIVED $10,814,450 $13,935,967

STOCK $133,901 $109,933

PREPAID EXPENSES $231,691 $663,370

$41,191,110 $43,332,783

G.S.T. CLEARING ACCOUNT $47,370 $189,364

(Cleared at time of lodging B.A.S. return )

FIRE & SERVICES LEVY ($4,519,012) ($4,061,680)

CREDITORS ($2,167,486) ($2,284,931)

Deferred Movement - Pensioners/Other ($14,135) ($29,223)

Aged Persons Homes $9,340,850 $8,992,014

BALANCE AS AT 31 OCTOBER 2011 $43,878,697 $46,138,327

As Per Summary of Divisional Activity

LESS RESTRICTED ASSETS

RESERVES - GENERAL $1,854,627 $3,874,243

RESERVES/RESTRICTED - AGED $9,340,850 $7,752,426

CLOSING BALANCE AS AT 31 OCTOBER 2011 $32,683,220 $34,511,658

AS PER FINANCIAL ACTIVITY REPORT

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ORDINARY COUNCIL MEETING AGENDA 22 NOVEMBER 2011

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ORDINARY COUNCIL MEETING AGENDA 22 NOVEMBER 2011

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SUMMARY SCHEDULE OF DIVISIONAL FINANCIAL ACTIVITY

AS AT 31 OCTOBER 2011

BUDGET

INCOME EXPENDITURE INCOME EXPENDITURE

OPERATING

Chief Executive Office $2,200 $2,063,729 $105 $725,196Community Services $8,436,003 $14,362,798 $2,614,618 $3,872,526

Aged Persons Homes $6,761,191 $5,276,844 $2,076,981 $1,833,747Planning & Development Services $1,564,820 $4,623,339 $495,536 $1,260,675Technical Services $10,905,968 $21,522,476 $9,382,024 $6,222,446

Financial Services $33,902,096 $3,899,532 $31,730,865 $1,350,956

TOTAL ALL OPERATING $61,572,278 $51,748,718 $46,300,129 $15,265,546

CAPITAL

Community Services $759,020 $127,381Planning & Development Services $4,642,177 $2,404,758

Aged $340,795 $38,906Technical Services 10,761,260 $2,112,430Financial Services - Recreation Centres,Computing $405,137 $45,243

Plant Trades ($450,000) ($240,910)

TOTAL ALL CAPITAL $16,458,389 $4,487,808

Last YearIncome Expenditure

TOTAL FROM OPERATIONS $61,572,278 $68,207,107 $46,300,129 $19,753,354 $43,128,135 $18,990,487

GENERAL OPENING BALANCE 1 JUL 11 $8,831,642 $8,194,739 - AGED PERSONS HOMES $5,761,576 $9,136,522

CLOSING BALANCE 31 OCTOBER 2011 $43,878,697

CLOSING BALANCE 30 JUNE 2012 (Adopted Budget) $1,803,261Aged Persons Homes $6,155,128

BORROWINGS

Principal Loan Repayments - General $58,256 $21,094

Principal Loan Recoveries $58,256 $20,433$58,256 $58,256 $21,094 $20,433

TOTAL $76,223,752 $76,223,752 $63,652,484 $63,652,484

ACTUAL

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SUMMARY

0

Period Ending 31 Oct 2011 % OF YEAR 33.61%

Description Revised Budget 2011/2012 Actual Committed Total %

Operating Income

SS10100 Members of Council 2,200 105 0 105 4.75%

Total Operating Income -$2,200 -$105 $0 -$105 4.75%

Operating Expenditure

SS10100 Members of Council $915,421 $381,562 $50,382 $431,943 47.19%SS10120 Chief Executive Officer's Office $588,024 $200,947 $8,409 $209,356 35.60%SS10200 Human Resources $475,392 $121,001 $8,450 $129,451 27.23%SS10210 Occupational Health & Safety $84,892 $21,687 $5,500 $27,187 32.03%Maintenance Costs

Total Operating Expenditure $2,063,729 $725,196 $72,741 $797,937 38.66%

Total Chief Executive Office $2,061,529 $725,092 $72,741 $797,832

CHIEF EXECUTIVE OFFICE

BUDGET 2011-2012

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SUMMARY

PERIOD ENDED 31 OCTOBER 2011 % OF YEAR 33.61%

Description

Revised Budget

2011/2012 Actual Committed Total %

Operating Income

SS10300 Administration 41,050 21,868 0 21,868 53.27%SS10301 Records Administration 540 210 0 210 38.89%SS10400 Rangers 32,650 5,439 0 5,439 16.66%SS10405 Security Watch 20,000 0 0 0 0.00%SS10410 Animal Control 84,760 24,559 0 24,559 28.98%SS10420 Parking Facilities 72,000 26,261 0 26,261 36.47%SS10600 Bayswater Waves 3,353,450 972,984 0 972,984 29.01%SS10610 Maylands Waterland 163,500 34 0 34 0.02%SS10700 Bayswater Library 8,000 2,956 0 2,956 36.95%SS10705 Maylands Library 14,250 4,785 0 4,785 33.58%SS10710 Morley Library 26,050 8,362 0 8,362 32.10%SS10750 The RISE 817,500 63,219 0 63,219 7.73%SS10801 Other Recreation & Sport 69,500 50,000 0 50,000 71.94%SS10803 Events - Programmes 94,200 6,064 0 6,064 6.44%SS10805 Embleton Golf Course 415,000 135,400 0 135,400 32.63%SS10810 Maylands Golf Course 1,130,000 327,006 0 327,006 28.94%SS11100 Community Services Administration 0 605 0 605SS11105 Bayswater Senior Citizens 8,000 3,945 0 3,945 49.31%SS11106 Morley Senior Cits 6,000 2,455 0 2,455 40.91%SS11107 Maylands Autumn Ctre 12,000 3,422 0 3,422 28.51%SS11110 Bayswater Podiatry 20,000 3,772 0 3,772 18.86%SS11111 Morley Podiatry 34,000 7,582 0 7,582 22.30%SS11112 Maylands Podiatry 10,000 3,123 0 3,123 31.23%SS11130 Community Bus 1,500 753 0 753 50.18%SS11145 Other Community Services 11,000 3,050 0 3,050 27.73%SS11301 Meals on Wheels 275,200 104,156 0 104,156 37.85%SS11302 Adult Day Services 245,520 136,374 0 136,374 55.54%SS11303 Domestic Assistance 252,139 131,785 0 131,785 52.27%SS11305 BLIS 173,708 130,519 0 130,519 75.14%SS11306 Social Support Prg 240,713 105,547 0 105,547 43.85%SS11307 HACC Program Transport 167,567 92,350 0 92,350 55.11%SS11308 Food Preparation 106,088 55,275 0 55,275 52.10%SS11310 Counselling Support 80,903 45,876 0 45,876 56.70%SS11312 Transport Other Services 6,100 516 0 516 8.46%SS10800 Recreation & Sport 334,915 92,797 0 92,797 27.71%SS10805 Embleton Golf Course 9,000 0 0 0 0.00%SS11115 Community Housing 63,500 25,551 0 25,551 40.24%SS11120 Rental Council Properties 10,700 6,572 0 6,572 61.42%SS11200 Scholarships 0 4,198 0 4,198SS11201 Pre-Schools 25,000 5,251 0 5,251 21.01%

Total Operating Income -$8,436,003 -$2,614,619 $0 -$2,614,619 30.99%

COMMUNITY SERVICES

BUDGET 2011-2012

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SUMMARY

PERIOD ENDED 31 OCTOBER 2011 % OF YEAR 33.61%

Description

Revised Budget

2011/2012 Actual Committed Total %

Operating Expenditure

SS10300 Administration $957,523 $223,094 $52,052 $275,145 28.74%SS10301 Records Administration $408,655 $99,921 $9,945 $109,867 26.88%SS10400 Rangers $282,953 $96,928 $2,889 $99,818 35.28%SS10405 Security Watch $1,115,930 $299,468 $1,391 $300,859 26.96%SS10410 Animal Control $230,099 $64,949 $2,515 $67,464 29.32%SS10420 Parking Facilities $205,842 $59,186 $1,587 $60,773 29.52%SS10600 Bayswater Waves $3,921,354 $1,213,773 $164,545 $1,378,318 35.15%SS10610 Maylands Waterland $270,132 $15,069 $25,963 $41,033 15.19%SS10700 Bayswater Library $467,174 $135,182 $21,140 $156,322 33.46%SS10705 Maylands Library $455,433 $131,582 $21,432 $153,014 33.60%SS10710 Morley Library $872,349 $288,060 $31,522 $319,582 36.63%SS10750 The RISE $1,250,648 $194,250 $28,190 $222,439 17.79%SS10800 Recreation & Sport $5,550 $976 $0 $976 17.58%SS10801 Other Recreation & Sport $532,835 $126,702 $26,532 $153,235 28.76%SS10802 Events $140,046 $40,034 $0 $40,034 28.59%SS10803 Events - Programmes $539,750 $152,474 $98,682 $251,156 46.53%SS10805 Embleton Golf Course $128,950 $570 $0 $570 0.44%SS10810 Maylands Golf Course $113,900 $688 $0 $688 0.60%SS11100 Community Services Administration $127,330 $38,775 $2,334 $41,108 32.28%SS11105 Bayswater Senior Citizens $50,782 $16,784 $0 $16,784 33.05%SS11106 Morley Senior Cits $54,029 $12,917 $0 $12,917 23.91%SS11107 Maylands Autumn Ctre $55,982 $16,505 $0 $16,505 29.48%SS11110 Bayswater Podiatry $17,500 $2,830 $13,454 $16,284 93.05%SS11111 Morley Podiatry $28,500 $6,446 $18,074 $24,519 86.03%SS11112 Maylands Podiatry $18,000 $965 $14,644 $15,609 86.72%SS11115 Community Housing $105,826 $30,123 $3,910 $34,033 32.16%SS11125 Youth Services $192,664 $61,680 $0 $61,680 32.01%SS11130 Community Bus $26,694 $9,064 $397 $9,461 35.44%SS11136 Volunteers $53,682 $5,852 $1,861 $7,713 14.37%SS11145 Other Community Services $9,984 $3,003 $0 $3,003 30.07%SS11200 Scholarships $24,750 $7,328 $0 $7,328 29.61%SS11201 Pre-Schools $0 $141 $0 $141SS11210 Other Admin & Comm Service $2,500 $1,166 $0 $1,166 46.65%SS11300 HACC Program - Assessment $6,139 $1,449 $0 $1,449 23.61%SS11301 Meals on Wheels $372,422 $85,887 $13,636 $99,524 26.72%SS11302 Adult Day Services $315,073 $113,416 $1,260 $114,676 36.40%SS11303 Domestic Assistance $395,823 $108,500 $162 $108,661 27.45%SS11305 BLIS $241,958 $107,451 $1,438 $108,889 45.00%SS11306 Social Support Prg $95,199 $29,544 $0 $29,544 31.03%SS11307 HACC Program Transport $93,991 $22,665 $227 $22,892 24.36%SS11308 Food Preparation $92,962 $21,220 $0 $21,220 22.83%SS11310 Counselling Support $73,582 $22,188 $0 $22,188 30.15%SS11311 Client Care $3,152 $171 $0 $171 5.42%SS11312 Transport Other Services $5,151 $3,536 $0 $3,536 68.66%Maintenance Costs

Total Operating Expenditure $14,362,798 $3,872,525 $559,782 $4,432,307 30.86%

$5,926,795 $1,257,907 $559,782 $1,817,688 30.67%Total Community Services

BUDGET 2011-2012

COMMUNITY SERVICES

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Capital Works Expenditure as at 31 October 20114Description Revised Budget Actuals Commtiments Total

Division: 10 - Administration & Community Services

Carry Forward Works - 1 July 2011

New AssetSub Section: SS18030 - Bayswater Waves - Furniture & Equipment

G40600 Pool Hoist 12,995 0 0 0

Sub Total $12,995 $0 $0 $0

Sub Section: SS20150 - Community Services - Capital

G10100 Community Sensory Garden 30,000 659 0 659

Sub Total $30,000 $659 $0 $659

Sub Total Cfwd Works $42,995 $659 $0 $659

Asset Replacement/ImprovementSub Section: SS18015 - Ranger & Security ServicesG10000 Security Services - Asset ReplacementReplacement and repair of fencing secur11,489 473 0 473

Sub Total $11,489 $473 $0 $473

Sub Section: SS18020 - Recreation Development

G10200 Noranda Netball Court Resurface 0 0 0 0

G10500 Upper Hillcrest Reserve, Deschamp Reserv & Pat O'hara ReservCricket Pitch & Net Upgrades 7,106 0 0 0

Sub Total $7,106 $0 $0 $0

Sub Section: SS18030 - Bayswater Waves - Furniture & Equipment

G11800 Bayswater Waves Security Camera System 15,000 0 0 0

Sub Total $15,000 $0 $0 $0

Sub Total Cfwd Works $76,590 $1,132 $0 $1,132

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Capital Works Expenditure as at 31 October 20114Description Revised Budget Actuals Commtiments Total

Division: 10 - Administration & Community Services

NEW WORKS 2011-2012

New AssetSub Section: SS18015 - Ranger & Security Services

H11000 Security Watch and Ranger In Vehicle Communications 30,000 0 0 0

Sub Total $30,000 $0 $0 $0Sub Section: SS18020 - Recreation Development

H11800 Skatepark Management Committee Development 40,000 7,163 0 7,163

H12100 Wotton Reserve Complete fencing of main pitch - 1m high chain link fence with top and bottom rail10,000 0 0 0

H12200 Wotton Reserve Players' "race" from changerooms to main pitch 10,000 0 0 0

H62800 New city wide 'Branded' CoB signage to use at events 6,000 0 0 0

Sub Total $66,000 $7,163 $0 $7,163

Sub Section: SS18030 - Bayswater Waves - Furniture & Equipment

H50500 Aquatic wheel chairs x 2 4,200 3,648 0 3,648H50600 Selected small items (H&F) 5,000 0 0 0

H50700 Ergo hand trainer 3,000 0 0 0

H50800 Swim school moveable platforms 3,480 0 0 0

H51400 Install lane anchors in 25m 6,000 0 0 0H51500 Waves health club equipment 58,157 34,385 0 34,385

H51600 Waves hydro toilet 60,000 0 0 0

Sub Total $139,837 $38,033 $0 $38,033Sub Section: SS18040 - Bayswater Library Furniture & Equipment

H12500 External sign - Bayswater Library 2,000 0 0 0

H12800 Wi-Fi - Bayswater Library 1,700 0 0 0

Sub Total $3,700 $0 $0 $0

Sub Section: SS18050 - Morley Library Furniture & Equipment

H12600 Chairs - for patrons attending activity session (60) - Morle 2,000 0 0 0

H12700 Wi-Fi - Morley Library 1,700 0 0 0

Sub Total $3,700 $0 $0 $0

Sub Section: SS20150 - Community Services - Capital

H11200 Wheelchair carriers for bus 1,000 750 0 750

Sub Total $1,000 $750 $0 $750

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Capital Works Expenditure as at 31 October 20114Description Revised Budget Actuals Commtiments Total

Division: 10 - Administration & Community Services

NEW WORKS 2011-2012

Asset Replacement/ImprovementSub Section: SS18020 - Recreation Development

H10800 Playground Replacement Program 180,000 64,806 0 64,806

H12400 Golden Lily Football Club Replacement of existing reflectors, installation of 2 x 15 meter light poles with two reflecto35,000 0 0 0

H12900 Noranda Tennis Club Resurface Courts 120,000 0 0 0

Sub Total $335,000 $64,806 $0 $64,806

Sub Section: SS18030 - Bayswater Waves - Furniture & Equipment

H51700 Replacement shade cloth 50m pool 23,265 0 0 0H51800 Baby change tables x 6 2,000 0 0 0

H51900 Group fitness stereo 9,000 7,813 0 7,813

H52200 Painting - External Façade 16,000 0 0 0

H52300 Signage overhaul 9,600 0 0 0H52400 Membership card printer 3,300 2,890 0 2,890

H53200 Fix ladder in wave pool 5,000 0 0 0

Sub Total $68,165 $10,703 $0 $10,703Sub Section: SS18050 - Morley Library Furniture & Equipment

H13000 Thermal receipt printers (3) - Morley Library 2,000 0 0 0

Sub Total $2,000 $0 $0 $0

Sub Section: SS20150 - Community Services - CapitalH11300 Bayswater Senior Citizens Replace airconditioner in hairdressing room at2,000 1,264 0 1,264

H11400 Morley Senior Citizens 'Replace hairdressing equipment, wash basin and dryers2,000 1,776 0 1,776

H11500 Morley Senior Citizens Painting internal and external 10,000 0 0 0

H11600 Maylands Autumn Centre Laneway Replace mesh cyclone fence 5,000 0 0 0H11700 Replace bench chairs in foyer at Bayswater Senior Citizens/L 2,000 1,754 0 1,754

Sub Total $21,000 $4,794 $0 $4,794

Sub Section: SS20190 - Maylands Waterland - EquipmentH57200 Water testing kit 1,300 0 0 0

H58000 Water outlets replacement 9,328 0 0 0

H58800 PA System 1,400 0 0 0

Sub Total $12,028 $0 $0 $0

Sub Total New Works $682,430 $126,249 $0 $126,249

Grand Total $759,020 $127,381 $0 $127,381

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SUMMARY

PERIOD ENDED 31 OCTOBER 2011 % OF YEAR 33.61%

Description

Revised Budget

2011/2012 Actual Committed Total %Operating Revenue

SS11700 - Planning & Building Services -345,920 -20,310 0 -20,310 5.87%

SS13500 - Planning Department -613,700 -244,554 0 -244,554 39.85%

SS13600 - Building Department -605,200 -230,672 0 -230,672 38.12%

Revenue Sub Total -$1,564,820 -$495,536 $0 -$495,536 31.67%Operating Expenditure

700 - Building Maintenance 206,000 65,599 16,091 81,690 39.66%

750 - Special Building Mntce 264,200 25,539 93,152 118,692 44.92%

800 - Cleaning Maintenance 458,450 147,742 17,768 165,510 36.10%

900 - Preventative Maintenance 207,520 71,072 52,694 123,766 59.64%

4123 - Electricity Charges 817,689 140,975 0 140,975 17.24%

4125 - Water 169,840 138,072 0 138,072 81.30%

4126 - Gas 12,258 3,511 0 3,511 28.65%

SS11700 - Planning & Building Services 20,000 3,046 3,046 6,092 30.46%

SS13500 - Planning Department 1,373,693 348,524 26,444 374,969 27.30%

SS13600 - Building Department 1,093,689 316,592 4,568 321,160 29.36%

Expenditure Sub Total $4,623,339 $1,260,675 $213,763 $1,474,437 31.89%

Total Planning & Development Services 3,058,519 765,138 213,763 978,901

BUDGET 2011-2012

PLANNING & DEVELOPMENT SERVICES

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PLANNING & DEVELOPMENT SERVICES

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ORDINARY COUNCIL MEETING AGENDA 22 NOVEMBER 2011

Page 151

Capital Works Expenditure as at 31 October 20114Description Revised Budget Actuals Commitments Total

Division: 20 - Planning & Development Services

Carry Forward Works - 1 July 2011

Sub Section: SS19020 - Building Construction/Upgrades

D36400 Claughton Reserve Reserve - Toilets 30,537 0 0 0

F14500 Halliday Park Upgrade external facade 32,484 16,223 0 16,223F34400 Asbestos Management Plan 17,587 1,159 695 1,854

Sub Total $80,608 $17,382 $695 $18,076

Sub Section: SS19030 - Major Capital Works

C32300 Henley Brook - Consulting 96,722 0 0 0

F32800 Beechboro Rd Drake st Design 16,000 0 2,586 2,586

F32900 Walter Rd/Grand Prom Investigate 11,350 0 2,586 2,586

Sub Total $124,072 $0 $5,172 $5,172

Sub Total Cfwd Works $204,680 $17,382 $5,867 $23,248

New AssetSub Section: SS19020 - Building Construction/UpgradesG16600 Senses Building Fitout 1,000,000 1,000,000 0 1,000,000

Sub Total $1,000,000 $1,000,000 $0 $1,000,000

Sub Section: SS19030 - Major Capital WorksZ10000 The Rise 1,856,170 1,323,587 254,530 1,578,117

Sub Total $1,856,170 $1,323,587 $254,530 $1,578,117

Sub Total Cfwd Works $2,980,242 $2,323,587 $259,702 $2,583,288

Asset Replacement/ImprovementSub Section: SS19010 - Bayswater Waves Building Improvements

G17000 Bayswater Waves Replacement of carpets to upper level of gym18,000 0 0 0

Sub Total $18,000 $0 $0 $0

Sub Section: SS19020 - Building Construction/Upgrades

G15400 Upper Hillcrest Replacement of external doors 3,760 3,760 0 3,760

G15800 Bedford Bowling Club Upgrade power board and rewire buildings36,689 15,426 0 15,426G33400 Les Hansman - Building Works 277,650 0 0 0

G33500 Morley Sport & Rec - Emergency Power Upgrade 17,000 0 0 0

Sub Total $335,099 $19,186 $0 $19,186

Sub Total Cfwd Works $2,209,269 $1,342,773 $254,530 $1,597,303

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Capital Works Expenditure as at 31 October 20114Description Revised Budget Actuals Commitments Total

Division: 20 - Planning & Development Services

NEW WORKS 2011-2012

New AssetSub Section: SS19020 - Building Construction/UpgradesH19000 Bayswater Family Centre Install new oven & upgrade electrical 6,000 0 0 0

H19100 Bayswater Family Centre Install gutter guard 6,000 0 4,823 4,823

H19200 Bayswater Morley Districts Cricket ClubInstallation of security roller shutters on glass windows30,000 11,088 0 11,088

H19300 Depot Install safety bund to oil storage containers7,000 0 0 0H19400 Deschamp Reserve Install concrete hardstand 4,000 3,657 0 3,657

H19500 Drill Hall Install gutter guard 9,000 0 8,182 8,182

H19600 Halliday House MC Capital Improvements. Council resolution 13.4.1 24/5/1110,000 0 0 0

H19700 Les Hansman CCMC Split system airconditioners for Rooms 1,2,3. Council resolu35,000 0 0 0

H19800 Les Hansman CCMC External marketing signage. Council resolution 13.3.1 24/5/12,500 0 0 0H19900 Maylands Autumn Centre Install hand rail along emergency exit path3,000 156 872 1,028

H20000 Maylands Sports & Recreation Club 2 x wheelchair access ramps and handrails for A and B greens10,000 0 0 0

H20100 Morley Windmills - Wotton Reserve Installation of 10kw Bitzer Refrigeration Plant and Force Dr19,018 0 0 0

H20200 Noranda Sporting Association - Lightning ParkConstruction of patio shade shelter to southern oval15,000 127 0 127H20300 Waltham Reserve Install concrete hardstand 4,000 0 0 0

Sub Total $160,518 $15,027 $13,876 $28,904

Asset Replacement/ImprovementSub Section: SS19010 - Bayswater Waves Building Improvements

H20600 Replacement of carpet in fitness room 20,000 0 0 0

H20700 Paint group fitness room 8,000 0 0 0

Sub Total $28,000 $0 $0 $0

Sub Section: SS19020 - Building Construction/Upgrades

H14200 Maylands Autumn Centre Replace roof 25,000 0 0 0

H14300 Maylands Autumn Centre Install a gas bayonet at the rear/side patio area for BBQ us500 567 0 567H14400 Maylands Autumn Centre Raised garden beds at the rear of centre. Council Resolution3,000 0 0 0

H14500 Maylands Autumn Centre Replace filters above the kitchen stove. Council Resolution1,000 1,119 0 1,119

H14600 Dog Pound (Ranger Services - Animal Control)Internal paint and doors external 4,000 0 0 0

H14700 Bayswater Infant Health Clinic Repair structural damage failure of foundations60,000 0 0 0H14800 Bayswater Echo Replace roof 10,000 0 1,680 1,680

H14900 Bayswater Senior Citizens Reseal floor 6,000 0 2,830 2,830

H15000 466 Guildford Road Internal/external paint 14,000 0 0 0

H15100 Administration General Repair ceiling in Plant Room and replace external doors, ser9,800 0 0 0H15200 Bayswater Bowling Club Paint internal of building and windows 20,000 0 0 0

H15300 Bayswater Lacrosse Halliday Park - Stage 2 additions 140,000 0 99,109 99,109

H15400 Bayswater Tennis Club Replace damaged window frames 2,000 900 0 900

H15500 Bayswater Tennis Club Re-paint kitchen area and replace carpet7,000 0 0 0H15600 Bayswater Waves Service plant rooms, re-paint office and replace water servi48,000 0 0 0

H15700 Bedford Hall (Filipino Club) Internal paint 4,200 0 0 0

H15800 Bedford Junior Cricket Club Replacement Change Block / Clubroom100,000 0 0 0

H15900 Carramar Community Centre Internal paint (meeting room and main hall) and replace carp14,000 0 0 0H16000 DeLacy Reserve Internal paint andupgrade female toilets12,000 0 0 0

H16100 Deschamp Reserve Clubrooms Replace rusted exterior metal door frames6,000 5,220 0 5,220

H16200 Deschamp Reserve Clubrooms Upgrade kitchen benches & cupboards 8,000 0 0 0

H16300 Elstead Hall External paint, re-seal timber floor, upgrade kitchen cupboa10,000 2,807 0 2,807H16400 Embleton Golf Course - Club Rooms/Pro ShopInternal paint 7,000 0 0 0

H16500 Hinds Reserve - Sea Scouts Internal paint 4,300 0 0 0

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Capital Works Expenditure as at 31 October 20114Description Revised Budget Actuals Commitments Total

Division: 20 - Planning & Development Services

Sub Section: SS19020 - Building Construction/Upgrades (Cont'd)

H16600 King Street property Internal/external paint 5,000 0 0 0

H16700 Les Hansman Community Centre Internal paint upper level office, repair doors to upper lev5,200 0 0 0

H16800 Lower Hillcrest Reserve Internal paint and repaint floors 11,500 0 0 0H16900 Maylands Library Repaint water damaged ceiling to office area, replace termi3,100 0 0 0

H17000 Maylands Sportsmans Club Deferred from 2010-2011(Special Council Resolution Item 8, J15,000 0 0 0

H17100 Maylands Yacht Club Upgrade kitchen benches & cupboards25,000 1,590 539 2,129

H17200 Maylands Yacht Club Internal paint and replace broken window7,500 0 0 0H17300 Morley Eagles Baseball Upgrade to kitchen facilities 20,000 0 0 0

H17400 Morley Eagles Softball Club Paving to carpark, security light installed in carpark, acce5,000 954 0 954

H17500 Morley Noranda Sports Club - BowlingInternal paint doors and frames, re-paint ceiling and walls4,500 0 0 0

H17600 Morley Sport and Recreation Centre Reseal timber floors 7,000 0 0 0H17700 Morley Windmills Soccer Club Public toilet upgrade, fuse upgrades in canteen, install sha40,000 0 0 0

H17800 Peninsula Cultural & Community CentreRepair verandah 10,000 10,835 0 10,835

H17900 Peninsula Golf Course - Pro Shop Internal paint and repair doors and window frames5,200 900 0 900

H18000 Peninsula Hotel Structural repairs to verandah and repair paving4,500 0 0 0H18100 R A Cook Reserve - EB Brown PavillionInternal paint, repair door frames, replace floor cover15,000 600 5,636 6,236

H18200 Scout Hall - Hampton Square Internal paint 5,600 0 0 0

H18300 Scout Hall Pat O'Hara Building Internal paint to toilet area, replace vinyl floor cover4,500 0 0 0

H18400 Shearn Park Internal / external paint 5,000 0 0 0H18500 Sue Belcher Netball Centre Internal paint and replace carpet 9,500 0 0 0

H18600 Waltham Reserve Internal paint of changerooms 4,000 0 0 0

H18700 Whatley Hall MG Pidgeon Club Internal and external paint 6,500 0 0 0

H18800 Depot Replace ice making machine 10,000 4,085 0 4,085

Sub Total $744,400 $29,576 $109,793 $139,370

Sub Section: SS19030 - Major Capital Works

H13200 Aviation Commemorative Park, Maylands 165,310 0 0 0H13300 Local Commercial Strategy 40,000 0 0 0

H13400 Local Housing Strategy 10,000 0 0 0

H13500 Morley City Centre - Structure Plan 40,000 0 0 0

H13600 Parking Management Infrastructure 40,000 0 0 0

Sub Total $295,310 $0 $0 $0

Sub Total New Works $1,228,228 $44,604 $123,670 $168,274

Grand Total $4,642,177 $2,404,758 $384,066 $2,788,825

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ORDINARY COUNCIL MEETING AGENDA 22 NOVEMBER 2011

Page 154

SUMMARY

PERIOD ENDED 31 OCTOBER 2011 % OF YEAR 33.61%

Description

Revised Budget

2011/2012 Actual Committed Total %

Income

SS11905 Health - Other 1,900 451 0 451 23.71%SS11910 BVES 44,180 25,754 0 25,754 -58.29%SS11915 Prevent SVC. Immunisation 22,000 1,974 0 1,974 8.97%SS11916 Prevent SVC. Administration 65,000 64,655 0 64,655 99.47%SS12000 Public Works 0 7,471 0 7,471SS12001 Plant Operation 24,500 5,547 0 5,547 22.64%SS12100 Tech Serv Administration 10,000 2,500 0 2,500 25.00%SS12110 Other Technical Services 1,890,112 406,546 0 406,546 21.51%SS13200 Sanitation - Domestic 8,152,496 8,256,914 0 8,256,914 101.28%SS13205 Recycling 367,191 152,313 0 152,313 41.48%SS13206 Sanitation - Commercial 415,449 457,784 0 457,784 110.19%SS13900 GIS 1,500 115 0 115 7.64%

SUB TOTAL -$10,905,968 -$9,382,024 $0 -$9,382,024 86.03%

Expenditure

100 General Maintenance 3,636,064 1,050,380 118,276 1,168,657 32.14%300 Median Maintenance 537,058 165,188 1,498 166,686 31.04%400 Grounds Maintenance 4,946,173 1,540,771 137,831 1,678,602 33.94%540 Verges 258,850 81,275 200 81,475 31.48%560 Roundabouts 175,919 37,195 1,511 38,706 22.00%570 Entry Statements 8,400 925 0 925 11.01%SS10820 Golf Courses - Plant Costs Embleton 19,430 8,461 405 8,866 45.63%SS10825 Golf Course Plant Cost - Maylands 52,550 24,740 2,539 27,278 51.91%SS11600 Other 0 4,104 240 4,344SS11610 TennisCourt/Wicket 10,315 3,332 287 3,619 35.09%SS11905 Health - Other 116,430 30,640 19,115 49,756 42.73%SS11906 Sustainable Environment Services 650,911 238,277 81,215 319,492 49.08%SS11910 BVES 47,280 11,635 0 11,635 24.61%SS11911 Mat&Infant Hlth Ctres 4,200 842 0 842 20.04%SS11915 Prevent SVC. Immunisation 81,665 16,594 836 17,430 21.34%SS11916 Prevent SVC. Administration 866,557 271,871 695 272,566 31.45%SS12000 Public Works 0 -7,245 20,000 12,756SS12001 Plant Operation 0 -36,787 15,613 -21,174SS12100 Tech Serv Administration 723,131 205,045 2,545 207,591 28.71%SS12101 Depot 141,035 38,010 818 38,828 27.53%SS12110 Other Technical Services 65,000 12,906 6,007 18,913 29.10%SS13200 Sanitation - Domestic 7,368,855 1,963,336 677,751 2,641,088 35.84%SS13205 Recycling 524,888 135,278 49,797 185,075 35.26%SS13206 Sanitation - Commercial 393,341 102,644 37,738 140,382 35.69%SS13207 Litter Control 495,790 204,608 36,852 241,460 48.70%SS13208 Environmental Maintenance 23,000 7,987 522 8,509 37.00%SS13900 GIS 375,635 110,433 8,201 118,634 31.58%

Maintenance Costs

SUB TOTAL $21,522,476 $6,222,446 $1,220,494 $7,442,940 34.58%

TOTAL TECHNICAL SERVICES $10,616,508 -$3,159,578 $1,220,494 -$1,939,085

TECHNICAL SERVICES

DIVISIONAL BUDGET 2011-2012

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Capital Works Expenditure as at 31 October 20114Description Revised Budget Actuals Commtiments Total

Division: 30 - Technical Services

Carry Forward Works - 1 July 2011

Sub Section: SS20000 - Arterial Road Construction

F18900 Walter Rd to Morley Drive 284,223 0 0 0

Sub Total $284,223 $0 $0 $0

Sub Section: SS20030 - Base Grant Road Reconstruction

F21400 Roberts St (Guildford To Neville) 0 0 501 501

Sub Total $0 $0 $501 $501

Sub Section: SS20060 - Parks Development

C78900 Parks Development-Gobba Lake 05/06 16,603 15,118 0 15,118

Sub Total $16,603 $15,118 $0 $15,118

Sub Section: SS20070 - Environmental DevelopmentC78100 Parks Development-Foreshore Restoration 12,296 0 0 0

D31400 Lightning Swamp 32,861 0 32,861 32,861

D31700 Tranby 14,976 0 0 0

D36600 Chisolm College Drainage 38,428 30,114 6,250 36,364E23800 Bayswater Brook Water quality improvement 93,132 0 0 0

E24000 Eric Singleton Bird Sanctuary 12,223 0 0 0

E25400 Swan Lake Restoration Project 0 0 44,545 44,545

E33800 Lighting Swamp - Boardwalk 82,876 0 82,876 82,876F30800 Swan Lake restoration 102,001 6,419 14,570 20,989

F30900 Lightning Park Concept Plan 7,727 0 7,727 7,727

Sub Total $396,520 $36,533 $188,829 $225,362

Sub Section: SS20080 - Traffic Management

D31100 Kirkham Hill Tce/Elizabeth 9,665 9,665 0 9,665

D31200 Catherine St Cul de sacs 0 -2,341 0 -2,341D31300 Russell/Catherine R/B 10,441 0 10,441 10,441

F30500 Traffic Management Roadwise 5,715 1,582 0 1,582

F30600 Traffic Management Slade STREET 144,033 3,676 308 3,984

Sub Total $169,854 $12,582 $10,749 $23,332

Sub Section: SS20110 - Other Technical Services Capital

C91200 Claughton Reserve Jetty/Car Park 66,162 0 51,691 51,691

Sub Total $66,162 $0 $51,691 $51,691

Sub Section: SS20120 - Works Bfwd Technical Services Grants

C59500 Claughton Res-Access Rd 05/06 21,761 0 21,761 21,761

Sub Total $21,761 $0 $21,761 $21,761

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Capital Works Expenditure as at 31 October 20114Description Revised Budget Actuals Commtiments Total

Division: 30 - Technical Services

Carry Forward Works - 1 July 2011

Sub Section: SS20130 - Works Bfwd Other Technical Services

C92400 Riverside Gardens Jetty - 05/06 100,300 0 0 0C92500 Transby House Jetty - 05/06 87,295 0 0 0

Sub Total $187,595 $0 $0 $0

Sub Section: SS20135 - Golf Course Development - Embleton

D33400 Replacement Green Keepers Shed 166,920 648 716 1,364

Sub Total $166,920 $648 $716 $1,364

Sub Section: SS20170 - Public Open Space - Tech Services

C17800 POS Gobba Lake 60,705 69,489 0 69,489

Sub Total $60,705 $69,489 $0 $69,489

Sub Total Cfwd Works $1,370,343 $134,370 $274,248 $408,618

New AssetSub Section: SS20050 - Footpath/Slab Replacement Programme

G23200 Disability Acess Morley 11,012 9,648 3,880 13,528

Sub Total $11,012 $9,648 $3,880 $13,528

Sub Section: SS20060 - Parks Development

G40400 Three Pontoon Jetties - Claughton/Riverside/Tranby 317,410 270 105,676 105,947

Sub Total $317,410 $270 $105,676 $105,947

Sub Section: SS20165 - Golf Course Development - Maylands Peninsula

G34100 Signage 10,000 0 0 0

G34200 Portable Toilet Facility 5,000 0 0 0

Sub Total $15,000 $0 $0 $0

Sub Total Cfwd Works $1,713,765 $144,289 $383,804 $528,093

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Capital Works Expenditure as at 31 October 20114Description Revised Budget Actuals Commtiments Total

Division: 30 - Technical Services

Carry Forward Works - 1 July 2011

Asset Replacement/ImprovementSub Section: SS20010 - Black SpotG18400 Walter Wellington Right Turn Arrow 191,757 0 0 0

Sub Total $191,757 $0 $0 $0

Sub Section: SS20015 - Other Road Construction

G18000 Wellington Road Duplication Coventry Development 50% Council Contribution1,748,079 899,697 659,789 1,559,486

Sub Total $1,748,079 $899,697 $659,789 $1,559,486

Sub Section: SS20030 - Base Grant Road Reconstruction

G19200 Smith (Light to Wellington) 50% Contribution to City of Stirling 98,000 0 3,750 3,750

G19500 Second Ave (Whatley to Guildford) 9,388 0 5,316 5,316

Sub Total $107,388 $0 $9,066 $9,066

Sub Section: SS20050 - Footpath/Slab Replacement ProgrammeG22200 Kelvin Street 9,072 9,072 0 9,072

Sub Total $9,072 $9,072 $0 $9,072

Sub Section: SS20060 - Parks Development

G24900 Rose Avenue Park Community Park Development 20,000 0 0 0

Sub Total $20,000 $0 $0 $0

Sub Section: SS20061 - Bore & Reticulation Development

G24200 Turbine Replacement Program Kirkpatrick Reserve, Crowhurst Reserve, Battersea Reserve an22,316 15,335 16,461 31,796

Sub Total $22,316 $15,335 $16,461 $31,796

Sub Section: SS20070 - Environmental Development

G25300 Baigup Wetland Rehabilitation Project 0 0 312 312G25400 Bath Street Foreshore Stabilisation 130,756 -17,520 0 -17,520

G34400 Swan River Trust - Bath St Jetty River Wall 84,000 20,520 0 20,520

Sub Total $214,756 $3,000 $312 $3,312

Sub Section: SS20080 - Traffic Management

G25200 Traffic Management Study 98,510 0 0 0

G34500 Roseberry/Salisbury Street Parking Modifications 2,340 2,340 0 2,340

Sub Total $100,850 $2,340 $0 $2,340

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Capital Works Expenditure as at 31 October 20114Description Revised Budget Actuals Commtiments Total

Division: 30 - Technical Services

Carry Forward Works - 1 July 2011

Sub Section: SS20110 - Other Technical Services Capital

G32300 Golf Course Development 7,972 0 0 0G32400 WAAMI Programme 10,455 0 0 0

G32500 Replace Lighting at Clarkson Reseve Carpark 40,000 0 0 0

G35100 Della Rd - Gate,Bollards,Signage Della Rd 10,634 0 0 0

Sub Total $69,061 $0 $0 $0

Sub Section: SS20135 - Golf Course Development - Embleton

G35300 Embleton Golf Couse Netting 55,000 0 0 0

Sub Total $55,000 $0 $0 $0

Sub Section: SS20140 - Health Dept Capital

G32800 Environmental Health Noise Meter 25,000 16,762 0 16,762

Sub Total $25,000 $16,762 $0 $16,762

Sub Section: SS20165 - Golf Course Development - Maylands Peninsula

G33900 Lift Bottom Tier 5 th Green & possible Fairway 36,451 38,960 0 38,960

G34000 Removal of Typha from Lake on 5th 5,661 0 0 0

Sub Total $42,112 $38,960 $0 $38,960

Sub Total Cfwd Works $2,937,801 $985,437 $791,305 $1,776,742

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Capital Works Expenditure as at 31 October 20114Description Revised Budget Actuals Commtiments Total

Division: 30 - Technical Services

NEW WORKS 2011-2012

New AssetSub Section: SS20050 - Footpath/Slab Replacement Programme

H27500 Clavering Rd New Path Avenell 22,000 0 0 0H27600 Drynan New Path Beechboro road 26,000 0 0 0

H27700 Delacey Reserve - 18,000 0 0 0

Sub Total $66,000 $0 $0 $0Sub Section: SS20060 - Parks Development

H24400 Berringa Park, Maylands Installation Park Benches and Weld Square10,000 0 0 0

Sub Total $10,000 $0 $0 $0Sub Section: SS20070 - Environmental Development

H30600 Della Road Landscaping 24,000 0 0 0

H40800 2 Solar lights - Bardon Park 15,000 0 782 782

Sub Total $39,000 $0 $782 $782

Sub Section: SS20110 - Other Technical Services Capital

H40000 Kelvin St Parking (Maylands Primary School) 160,000 0 0 0

H40700 Morley Sport Rec/Bayswater Senior Citizens CentreInstallation of electrical power 15,000 0 0 0H40900 Removable signage for Bayswater industrial areas 20,000 0 0 0

Sub Total $195,000 $0 $0 $0

Sub Section: SS20140 - Health Dept CapitalH50000 2 x PDAs f 5,000 1,463 0 1,463

H50100 Mobile laptop Child Health Clinic 1,500 0 0 0

Sub Total $6,500 $1,463 $0 $1,463Sub Section: SS20200 - GIS Capital

H50300 Purchase of NearMaps Monthly Imagery 25,000 25,000 0 25,000

Sub Total $25,000 $25,000 $0 $25,000

Asset Replacement/ImprovementSub Section: SS20000 - Arterial Road Construction

H21800 Benara Rd - Dellar Rd to Tonkin Hwy - Both CarriagewaysResurfacing 110,000 0 0 0

Sub Total $110,000 $0 $0 $0

Sub Section: SS20020 - Other Road Grants

H21500 Beechboro Rd - Benara Rd to Wandoo RdResurfacing 142,560 0 0 0

H21600 Railway Pde West - Grand Prom to CentralResurfacing 281,317 1,530 0 1,530

Sub Total $423,877 $1,530 $0 $1,530

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Capital Works Expenditure as at 31 October 20114Description Revised Budget Actuals Commtiments Total

Division: 30 - Technical Services

NEW WORKS 2011-2012H22000 Carpark Resurfacing 48,000 0 0 0

H22100 Hollett Rd - Paine to Spruce 33,800 0 23,698 23,698

H22200 Ashtead St 22,100 0 16,691 16,691H22300 Chesney St 22,100 0 15,289 15,289

H22400 Esher Pl 9,100 0 5,217 5,217

H22500 Brian Ave 11,700 0 8,919 8,919

H22600 Sage St 7,800 0 0 0H22700 Mckenzie Way 78,000 0 0 0

H22800 Hawkins St 14,300 0 0 0

H22900 Grant St 15,600 0 0 0

H23000 Cameron/Sproxton/Whittock 70,200 0 0 0H23100 Railway Pde - Beecboro to Bassendean 65,000 0 0 0

H23200 Foyle Rd - Langlet to Catt Ct 53,300 0 0 0

H23300 Warren Ave 20,800 0 0 0

H23400 Catt Ct 8,100 0 0 0H23500 Evans Pl 13,000 0 0 0

H23600 Gilders Pl 7,100 0 0 0

H23800 Irvine St - Mooney to Bassendean 32,300 0 0 0

H23900 Clavering Rd - Raleigh to Bassendean 40,300 0 0 0H24000 Durham Rd - Bassendean to School 5,200 0 236 236

H30700 James St 16,400 0 0 0

Sub Total $594,200 $0 $70,050 $70,050Sub Section: SS20040 - Roads to Recovery

H63000 Alfreda Avenue Burges Street to Hamersley Place 140,000 0 106,327 106,327

H63100 Beechboro Road Embleton Avenue to Broun Avenue 130,827 0 0 0

H63200 Emberson Road Benara Road to Spruce Road 100,000 0 0 0

Sub Total $370,827 $0 $106,327 $106,327

Sub Section: SS20050 - Footpath/Slab Replacement Programme

H25900 Bayswater Train Station Beechboro road 2,800 0 0 0H26000 Eigth Ave East street 5,700 0 0 0

H26100 Francis Street Coode street 2,300 0 0 0

H26200 Mc Carthy Place Deschamp 6,400 4,420 0 4,420

H26300 Hamilton St Reserve Hamilton St 6,400 0 0 0H26400 Kelvin Road Sherwood street 23,000 257 6,300 6,557

H26500 Mc Alinden Close Benara road 500 947 0 947

H26600 Mc Caskil Way Mc Caskil Way 500 427 0 427

H26700 Ninth Ave East t 12,000 0 0 0H26800 Miscellaneous Small 10,000 0 0 0

H26900 Walter Road Walter road 1,000 0 0 0

H27000 Grandpromenade Reserve Link from roadway 1,000 0 0 0

H27100 Sutherland Street Halliday Street 13,000 7,955 0 7,955H27200 Disability Committee Morley town site study 19,700 391 0 391

H40600 Bayswater Village Townsite installation of footpath west side of Whatley Crescent15,000 0 0 0

Sub Total $119,300 $14,397 $6,300 $20,697Sub Section: SS20060 - Parks Development

H24300 Install Park Shelters - Several LocationsReplace park shelters that have reached end of asset life30,000 0 4,100 4,100

H24600 Widgee Road Streetscape 10,100 0 0 0

H24700 John D'Orazio Park Garden bed refurbishment 10,000 0 0 0H24800 Frank Drago Park Garden bed refurbishment 10,000 0 0 0

H24900 Bardon Park Garden beds to stairs 5,000 0 0 0

H30000 Redlands Way MRWA Landscaping and Path 20,000 0 0 0

H40400 Bayswater Little Athletics Fence/Track 20,000 0 0 0

Sub Total $105,100 $0 $4,100 $4,100

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Capital Works Expenditure as at 31 October 20114Description Revised Budget Actuals Commtiments Total

Division: 30 - Technical Services

NEW WORKS 2011-2012

Sub Section: SS20061 - Bore & Reticulation Development

H24100 Bore Pump Inspection Program 100,000 23,183 45,469 68,651H24200 Turbine Replacement Program Boxhill Reserve, Craven Reserve, Rhodes Reserve and Robert T200,000 27,830 97,145 124,975

H28000 Charlwood Reserve Replace Irrigation System 22,000 470 0 470

H28100 Chesney Reserve Replace Irrigation System 18,000 382 0 382

H28200 Chobham Reserve Replace Irrigation System 22,000 19,592 2,186 21,777

H28300 Clarkson Reserve Irrigation Upgrade 210,000 1,307 0 1,307H28400 de Lacy Reserve Upgrade irrigation valves 40,000 175 0 175

H28500 FJ Beales Park Replace Irrigation System 75,000 2,434 0 2,434

H28600 Install rain sensors on stand alone irrigation controllers 10,000 127 0 127

H28700 Mills Reserve Replace Irrigation System 44,000 13,909 2,980 16,888H28800 Robert Thompson Reserve Replace Irrigation System 120,000 2,036 0 2,036

H29100 Bore Cubicle Replacement Program 55,000 9,355 12,727 22,082

H29200 Grand Prom Reserve and Grand Prom medianRedevelop bore 35,000 1,866 8,895 10,761

H29300 McPherson, de Lacy, Bath Street, Arbor Park, Robert ThompsonInstall flow meters at irrigated reserves15,000 15,886 1,283 17,169H29400 Pat o Hara Reserve Repair Bore Casing 35,000 2,409 0 2,409

Sub Total $1,001,000 $120,959 $170,684 $291,643

Sub Section: SS20070 - Environmental DevelopmentH30400 Baigup Wetland Rehabilitation Project 50,000 30,917 157 31,074

Sub Total $50,000 $30,917 $157 $31,074

Sub Section: SS20080 - Traffic ManagementH25000 General 30,000 0 0 0

H25200 Traffic study 100,000 0 0 0

H30100 TMP Paving 20,000 12,571 0 12,571

H30200 Road Wise 10,000 1,150 0 1,150H30300 Slade Street traffic management 200,000 0 0 0

Sub Total $360,000 $13,721 $0 $13,721

Sub Section: SS20090 - Drainage ConstructionH30900 Drainage Grates 80,000 25,863 445 26,309

Sub Total $80,000 $25,863 $445 $26,309

Sub Section: SS20110 - Other Technical Services CapitalH23700 Entry Statements 65,000 0 7,987 7,987

H25800 Street Sign Upgrade 80,000 7,174 907 8,081

H31800 Bus Shelters 52,000 0 0 0

H31900 Sundry Works 20,000 0 0 0H32000 Street Lighting 80,000 12,888 17,063 29,952

H32100 Crossovers 440,000 124,020 73,320 197,340

H32300 Golf Course Development 100,000 0 0 0

H32400 WAAMI Programme 15,000 0 0 0H40100 Verge Paving Walter Beechboro Nth Wst Corner 26,000 2,168 0 2,168

H40200 PAW Gates and various reserve lighting 20,000 553 6,073 6,626

H40300 Replace Lighting at Clarkson Reseve Carpark 60,000 0 0 0

H40500 Mt Lawley Subway beautification works 17,700 0 0 0

Sub Total $975,700 $146,803 $105,351 $252,154

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Capital Works Expenditure as at 31 October 20114Description Revised Budget Actuals Commtiments Total

Division: 30 - Technical Services

Sub Section: SS20145 - Road Const - Council

H25100 Foundry/Morrison/Ferguson/Guildford No 102 80,000 697 0 697

H30800 Morrison/Foundry/Ferguson/Guildford No 103 90,000 465 2,818 3,283H63300 Drainage Kerbing Modifications 69,000 10,291 7,613 17,904

H63400 Johnson Rd 20,800 19,506 0 19,506

H63500 Tranby Rd Dakota to Clarkson 22,100 24,841 0 24,841

H63600 Clarkson Rd R/B & Police 35,900 37,569 0 37,569H63700 Stewart Way 59,800 0 0 0

Sub Total $377,600 $93,369 $10,431 $103,800Sub Section: SS20160 - Plant & Equipment

H24500 Refurbish load tray of water truck - T612 30,000 0 0 0

H33000 New 1,491,000 508,731 488,665 997,396

Sub Total $1,521,000 $508,731 $488,665 $997,396

Sub Section: SS20200 - GIS Capital

H50400 Purchase of three high end Spatial Workstations 12,000 0 0 0

Sub Total $12,000 $0 $0 $0

Sub Total New Works $6,442,104 $982,755 $963,291 $1,946,046

Grand Total $10,761,260 $2,112,210 $2,032,724 $4,144,934

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ORDINARY COUNCIL MEETING AGENDA 22 NOVEMBER 2011

Page 164

BUDGET 2010-2011

FINANCIAL SERVICES

SUMMARY

PERIOD ENDED 31 OCTOBER 2011 % OF YEAR 33.61%

#N/A

Description

Revised Budget

2011-2012 Actual Committed Total %

Operating Income

SS10350 Galleria Morley Shop 700 83 0 83 -11.80%SS12300 Financial Services Administration 312,000 74,370 0 74,370 23.84%SS12400 Levy 26,548,305 26,550,187 0 26,550,187 100.01%SS12405 Minimums 4,090,086 4,090,086 0 4,090,086 100.00%SS12410 Interims 273,000 144,564 0 144,564 52.95%SS12415 Other Rates 336,000 270,156 0 270,156 80.40%SS12501 Morley Sport & Rec Centre 18,100 5,558 0 5,558 30.71%SS13300 Other Financial Services 2,325,305 595,863 0 595,863 25.63%

-$33,902,096 -$31,730,865 $0 -$31,730,865 93.60%

Total Revenue -$33,902,096 -$31,730,865 $0 -$31,730,865 93.60%

Operating Expenditure

SS11911 Insurance 456,599 152,200 0 $152,200 0SS13600 Workers Comp Premium 16,978 5,659 0 $5,659 0

$473,577 $157,859 $0 $157,859 33.33%

SS10125 EDP - General 58,000 0 0 $0 0.00%SS10127 EDP - Eastern Metro Regional Council 26,857 2,000 0 $2,000 7.45%SS10129 EDP OTHER 0 -250 0 -$250SS10350 Galleria Morley Shop 162,302 55,590 1,562 $57,152 35.21%SS10500 Computer Services 998,686 325,694 41,264 $366,958 36.74%SS12300 Financial Services Administration 1,443,368 449,410 1,997 $451,408 31.27%SS12301 Rates 351,282 125,244 7,368 $132,612 37.75%SS13300 Other Financial Services 233,039 153,401 70,709 $224,110 96.17%SS10400 ContribToWafbb 89,000 67,053 0 $67,053 75.34%SS12502 Insurance 927 309 0 $309 33.33%SS13000 Suspense 0 -6,176 10,909 $4,733

YMCA - Managed Rec Centre

SS12501 Insurance 13,493 4,498 0 $4,498 33.33%SS12501 Subsidy 49,000 16,324 0 $16,324 33.31%

$3,425,955 $1,193,097 $133,809 $1,326,906 38.73%

TOTAL EXPENDITURE $3,899,532 $1,350,956 $133,809 $1,484,765 38.08%

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Capital Works Expenditure as at 31 October 20114Description Revised Budget Actuals Commtiments Total

Division: 40 - Financial Services

Carry Forward Works - 1 July 2011

New AssetSub Section: SS18010 - Computer Development

G10306 City of Bayswater Intranet 8,535 435 0 435

Sub Total $8,535 $435 $0 $435

Sub Total Cfwd Works $8,535 $435 $0 $435

Asset Replacement/ImprovementSub Section: SS18010 - Computer Development

G10302 Minutes and Agenda Software 16,152 0 0 0

Sub Total $16,152 $0 $0 $0

Sub Section: SS30000 - YMCA Managed Rec CentresG12800 Morley Sports & Recreation - YMCA Building Improvements - Toilets Wellington Room,Lower Courts18,000 0 0 0

Sub Total $18,000 $0 $0 $0

Sub Total Cfwd Works $34,152 $0 $0 $0

NEW WORKS 2011-2012

New AssetSub Section: SS18010 - Computer Development

H10000 Completion of Server Virtualisation (phase 2) 39,300 0 0 0H10100 Intranet Development 20,000 0 0 0

H10200 Disaster Recovery Site 60,000 0 0 0

H63800 IT Backup Improvements 8,000 0 0 0

H63900 IT Network Infrastructure 39,000 0 0 0H64000 Server Replacement 10,000 3,728 0 3,728

Sub Total $176,300 $3,728 $0 $3,728

Asset Replacement/ImprovementSub Section: SS18010 - Computer Development

H10300 PC Replacement Program 101,250 39,240 0 39,240

H10400 Laptop Replacement Program 10,000 0 0 0H10500 Printer Replacement 15,000 1,840 0 1,840

H10600 Email System upgrade 9,900 0 0 0

Sub Total $136,150 $41,080 $0 $41,080Sub Section: SS30000 - YMCA Managed Rec Centres

H13100 Replace Health Club weight machines and free weights 50,000 0 0 0

Sub Total $50,000 $0 $0 $0

Sub Total New Works $362,450 $44,808 $0 $44,808

Grand Total $405,137 $45,243 $0 $45,243

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12.2.2 Accounts Payable as at 15 November 2011 Attachments: Schedule of Accounts Submitted 15 November 2011 -

Municipal A/c Officer: Director of Finance

Application

To consider the schedule of accounts to be paid as at 15 November 2011.

Background

CERTIFICATE OF TREASURER

SUMMARY OF SCHEDULE OF ACCOUNTS PAID

FUND VOUCHER NO. AMOUNT CANCELLED CHEQUES

FROM PREVIOUS MONTH

Electronic Fund Transfers $8,569,846.63

Municipal Account 201199 - 201364 $585,119.41

200755 200940 201032 201065

$1,640.66

EFT Payments EF002191 - EF002302 $860,866.09

$1,445,985.50

which was submitted to each member of the Technical Services and Finance and Personnel Committee on 11 November 2011 has been checked and is fully supported by vouchers and invoices which are submitted herewith and which has been duly certified as to the receipt of goods and the rendition of services and as to prices, computations, and costings and the amounts shown are due for payment.

TOTAL OF ALL OTHER ACCOUNTS OUTSTANDING AS AT 31 OCTOBER 2011 MUNICIPAL ACCOUNT $377,773.75 ________________________________ DIRECTOR OF FINANCE

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CERTIFICATE OF CHAIRPERSON

SUMMARY OF SCHEDULE OF ACCOUNTS PAID

FUND VOUCHER NO. AMOUNT CANCELLED CHEQUES

FROM PREVIOUS MONTH

Electronic Fund Transfers $8,569,846.63

Municipal Account 201199 - 201364 $585,119.41

200755 200940 201032 201065

$1,640.66

EFT Payments EF002191 - EF002302 $860,866.09

$1,445,985.50

which was submitted to each member of the Council on 11 November 2011 has been checked and is fully supported by vouchers and invoices which are submitted herewith and which has been duly certified as to the receipt of goods and the rendition of services and as to prices, computations, and costings and the amounts shown are due for payment.

TOTAL OF ALL OTHER ACCOUNTS OUTSTANDING AS AT 31 OCTOBER 2011 MUNICIPAL ACCOUNT $377,773.75 _____________________________________

CHAIRPERSON

Policy Implications

Nil.

Financial Implications

Nil.

Voting Requirements

Simple Majority Required.

At the Technical Services and Finance & Personnel Committee Meeting:

Committee/Officer Recommendation to Council

CR GRAHAM PITTAWAY MOVED, CR MIKE ANDERTON, JP SECONDED

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

Committee/Officer Recommendation to Council

That the Schedule of Accounts be passed for payment.

Moved: Seconded:

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to 31 October 2011

Date Amount Details

26/10/2011 100.00 To Municipal Account

31/10/2011 960.00

Total 1,060.00

MUNICIPAL ACCCOUNT To Trust Account

12/10/2011 3,750.00

18/10/2011 1,000.00

25/10/2011 850.00

26/10/2011 6,093.42

31/10/2011 200.00

Total 11,893.42

MUNICIPAL ACCOUNT Investment Pmts

04/10/2011 530,822.10 Bwest

05/10/2011 1,000,000.00 Wpac

06/10/2011 500,000.00 Wpac

07/10/2011 700,000.00 NAB

11/10/2011 500,000.00 Wpac

12/10/2011 500,000.00 Wpac

13/10/2011 300,000.00 Wpac

14/10/2011 500,000.00 Bwest

18/10/2011 504,090.68 ANZ

18/10/2011 504,014.93 BWest

20/10/2011 500,000.00 NAB

20/10/2011 500,000.00 NAB

21/10/2011 600,000.00 NAB

26/10/2011 200,000.00 Wpac

Total 7,338,927.71

MUNICIPAL ACCOUNT Wages

4/10/2011 583,903.40

6/10/2011 137.74

10/11/2011 1,679.41

11/10/2011 2488.72

20/10/2011 587,795.28

24/10/2011 4,494.90

Total 1,180,499.45

MUNICIPAL FUND 06-Oct-11 9,870.28 Credit Card Payments

Total 9,870.28

MUNICIPAL FUND Other Payments

4/10/2011 7,811.90 Bank Fees

5/10/2011 33.86 Ezypay Fees

12/10/2011 349.23 Ezypay Fees

26/10/2011 493.25 Ezypay Fees

Total 8,688.24

MUNICIPAL FUND To Aged Bank

21/10/2011 613.85 ATO BAS Refund

27/10/2011 18,293.68 TrfDrPmt

Total 18,907.53

Grand Total 8,569,846.63

AGED PERSONS HOMES

ACCOUNT 06-Oct-11 14,427.77 Aged Care Subsidies

Total 14,427.77 to Uniting Church Homes

ELECTRONIC FUND TRANSFERS TO WESTPAC ACCOUNTS

01 October 2011

TRUST ACCOUNT

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12.2.3 Investment Portfolio as at 31 October 2011 Officer: Director of Finance

Application

To present the Investment Portfolio as at 31 October for Council consideration.

Background

Comparison of Council’s investments with previous year:

31 October 2011 31 October 2010

$

Average Rate

% % $

Average Rate

% %

General 44,397,350 5.75 91.55 30,993,736.50 5.33 89.15

Trust 4,427,647 5.81 8.45 3,362,339.00 5.26 10.85

Total $48,824,997 100.00% $34,356,075.50 100.00%

Council’s investments are currently placed with financial institutions as follows :

Banks Amount Invested

$ % Invested

Westpac 13,892,577 28.46

Bankwest 14,192,590 29.07

ANZ Bank 2,989,380 6.12

NAB 13,486,012 27.62

Bendigo Bank 4,264,438 8.73

Total $48,824,997 100.00%

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Date: 31-Oct-11

33.70

Month Municipal Reserve Total

Progressive %

of Budget

Jul-11 26,705 0.00 26,705 2.75

Aug-11 49,264.41 20,227.78 69,492 7.17

Sep-11 103,408 26,818 130,227 13.43

Oct-11 154,330.02 30,909.14 185,239 19.10

Nov-11

Dec-11

Jan-12

Feb-12

Mar-12

Apr-12

May-12

Jun-12

FULL YEAR BUDGET ESTIMATES

Municipal Reserve Total

BUDGET $ 894,851$ 75,000$ 969,851$

INTEREST EARNINGS FOR YEAR 2011/2012

MONTHLY PROGRESSIVE INTEREST EARNINGS

Percentage of year elapsed:

Community Benefit

The wise investment of Council's funds results in greater income and therefore of benefit to the community.

Policy Implications

These investments have been apportioned as per the City’s Investment Policy, as follows :

“(b) Counterparty credit framework (diversification) - the amount invested with any one *institution should not exceed the following percentages (restricted by the institution’s credit rating) so that single entity exposure is limited:

* institution is defined as including wholly owned subsidiaries

S&P Long-Term Rating

S&P Short-Term Rating

Direct Investment Maximum

%

AAA A-1+ 45%

AA A-1 35%

A A-2 10%

BBB+ A-2 10%

Financial Implications

Nil.

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Voting Requirements

Simple Majority Required.

At the Technical Services and Finance & Personnel Committee Meeting:

Committee/Officer Recommendation to Council

CR GRAHAM PITTAWAY MOVED, CR MIKE ANDERTON, JP SECONDED

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

Committee/Officer Recommendation to Council

That the report on the Investment Portfolio as at 31 October 2011 be received.

Moved: Seconded:

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12.2.4 Donation - Redemptoris Mater Archdiocesan Missionary Seminary Applicant: Redemptoris Mater Archdiocesan Missionary Seminary Officer: Director of Finance

Application

To consider an application from Redemptoris Mater Archdiocesan Missionary Seminary for financial assistance towards its ongoing expenses such as water, gas, power, petrol and other costs.

Background

Redemptoris Mater is the name for certain Roman Catholic seminaries which operate under the auspices of the Neocatechumenal Way and claim as their mission the formation of priests for the "New Evangelization". These seminaries are distributed worldwide, with nearly 1,500 seminarians currently in formation. More than 1,200 graduates of Redemptoris Mater seminaries have been ordained to the priesthood for their respective dioceses of incardination. Redemptoris Mater seminaries are diocesan seminaries, erected according to canon law by the diocesan bishop, and the priests who undergo formation at these seminaries are ordained to the secular clergy of the diocese. The specific characteristics of Redemptoris Mater seminaries are:

� an international character, i.e. with vocations coming from different nations; � a missionary spirit, i.e. that upon ordination, the priests are available to go wherever

the ordinary sends them; and � that they have a connection to the Neocatechumenal Way.

Although the students receive the same theological formation as the other seminarians of the diocese, they go in mission for about two years during formation. After ordination, the Ordinary of their diocese may appoint them to a parish or for any other service in the diocese; he may also send them to serve in other dioceses of the world where bishops have asked for help. In the latter case, the ordinary and the requesting bishop would formalise their agreement according to canon law. These seminaries have a direct relationship to the Neocatechumenal Way, which sees its formation as fostering an "adult faith": the Neocatechumenal Way prepares and awakens its vocations in many young people before they enter the seminary. It accompanies them during their time of formation; once ordained as priests it continues to sustain them in their permanent formation, which then becomes a means of evangelization for the "far away", an instrument for the implantatio ecclesiae.

Comment

Our records for the last 15 years indicate that Council has not granted financial assistance to Redemptoris Mater Archdiocesan Missionary Seminary.

Community Benefit

A donation to this organisation will assist towards the continuation of its good work in the community.

Policy Implications

Nil.

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Financial Implications

The Donations account in the 2011/2012 Budget has provided $45,000. To date $18,963.85 has been expended this financial year.

Voting Requirements

Simple Majority Required. At the Technical Services and Finance & Personnel Committee Meeting:

Committee/Officer Recommendation to Council

CR MIKE ANDERTON, JP MOVED, CR CHRIS CORNISH SECONDED

CARRIED: 5/2

FOR: Councillors McKenna, Pittaway, Anderson JP, Turkington and Cornish.

AGAINST: Councillors Radford and Toldo.

Committee/Officer Recommendation to Council

CR MIKE ANDERTON, JP MOVED, CR CHRIS CORNISH SECONDED that Council grants a donation of $200 to Redemptoris Mater Archdiocesan Missionary Seminary towards its ongoing administration expenses.

Moved: Seconded:

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12.2.5 Donation - Rotary Club of West Perth (Inc) - Annual World Festival of Magic "Christmas Spectacular Show" Applicant: Rotary Club of West Perth (Inc) Officer: Director of Finance

Application

To consider an application from the Rotary Club of West Perth (Inc) for financial assistance towards its annual World Festival of Magic "Christmas Spectacular Show" which is being staged at the Perth Convention Centre on Wednesday, 14 December 2011.

Background

The Rotary Club of West Perth (Inc) is hosting its annual World Festival of Magic, this year entitled "Christmas Spectacular Show", on Wednesday, 14 December 2011with three shows at the Perth Convention Centre for less fortunate children and disadvantaged people in the community who can attend at no cost due to the generous sponsorship from organisations in the business community. The World Festival of Magic is the Rotary Club of West Perth's major fundraising project with proceeds donated to the McCusker Foundation for Alzheimer’s Disease Research, Life Education WA and other community projects which Rotary supports. The McCusker Foundation is a not-for-profit organisation which funds medical research into Alzheimer’s disease in Western Australia. Its aims are the identification, development of early diagnosis and prevention and treatments of the condition. Life Education in WA aims, in partnership with schools and the community, to help reduce tobacco and illegal drug use among young people, encourages them to avoid or delay alcohol use, and reduce the harms associated with any drug use. Tickets to the show are $50.00 each (inclusive of GST) and the Rotary Club of West Perth (Inc) is requesting assistance from Council towards sponsoring a group of disadvantaged persons from the City of Bayswater community to attend the World Festival of Magic "Christmas Spectacular Show". These persons come from a wide range of community organisations including foster homes, long stay patients at the Children's Wards, Rocky Bay Village, Special Needs Units in Schools, Homes for the Elderly, to name a few.

Comment

For the past fourteen years, Council has resolved to donate to the Rotary Club of West Perth (Inc) towards its World Festival of Magic for the respective year. $250.00 was donated each year until 2005; for the years 2006 to 2008, $150.00 was donated; and in 2009 and 2010, $250 was donated.

Community Benefit

This donation will allow a group of disadvantaged people who reside within the City of Bayswater to attend one of the three annual World Festival of Magic "Christmas Spectacular Shows".

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Financial Implications

The Donations account in the 2011/2012 Budget has provided $45,000. To date $18,963.85 has been expended this financial year.

Policy Implications

Nil.

Voting Requirements

Simple Majority Required.

At the Technical Services and Finance & Personnel Committee Meeting:

Committee/Officer Recommendation to Council

CR GRAHAM PITTAWAY MOVED, CR MARTIN TOLDO SECONDED

CARRIED UNANIMOUSLY

Committee/Officer Recommendation to Council

That Council grants a donation of $250 (GST inclusive) to The Rotary Club of West Perth (Inc), towards sponsoring a group of disadvantaged persons who reside within the City of Bayswater to attend one of the three shows of the annual World Festival of Magic "Christmas Spectacular Show" to be held on Wednesday, 14 December 2011 at the Perth Convention Centre.

Moved: Seconded:

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12.2.6 Budget Review - Four Months 1 July to 31 October 2011 Officer: Director of Finance

Application

To present Council with a review of the City's financial performance for the four months to 31 October 2011.

Background

In undertaking this review, an analysis of the City's operations has been completed with respect to the divisional operational revenues, expenses and capital requirements.

AT A GLANCE - 1 JULY 2011 TO 31 OCTOBER 2011

2011 2010 Revenue raised $ 46,300,129 $ 43,128,135

Expenditure (operational) $ 15,265,546 $ 14,348,498

Capital works expended $ 4,728,718 $ 4,764,724

Average interest rate on earnings 5.75% 5.33%

Revenue - up 7.35% on previous year, mainly due to earlier receipt of grant funding. Expenditure - up 6.39% on previous year, mainly due to increase in utility costs being

29.8% increase in street lighting as well as incorporating for the first time the cost of operating 'The RISE'.

Generally all programs within the divisions are at expected levels. The following divisional comments are made :

• Administration and Community Services

No significant adverse trends have been noted to date.

• Planning and Development Services Budget Actual $ $ % Water charges - payment of annual service charges. 169,840 138,072 81.30 Budget should be achieved in this area by year end. All other areas of the Planning and Development Services division are operating within

expected budget levels.

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• Technical Services Budget $ Actual $ %

Golf Course Plant Costs 71,980 33,201 46.12

The operational costs for the golf courses are seasonal and compare favourably with the same period last year with no adverse trends evident to date. Budget should be achieved in this area by year end.

Sustainable Environment Services 650,911 238,277 36.60 - expenditure is of a seasonal nature with no adverse trends evident to date. Budget should be achieved in this area by year end.

Litter Control 495,790 204,608 41.27 - costs are at levels greater than expected with close monitoring required to ensure that expenditure does not exceed the annual budget provision

• Financial Services

Generally all areas within the division appear to be on line after adjusting for annual payments.

ITEMS SUBMITTED TO THIS REVIEW FOR BUDGET CONSIDERATION

Current Amended Surplus/ Budget Budget Deficit

Revenue $ $ $

Maylands Yacht Club Contribution incorrectly stated in the 2011/12 Budget 20,000 10,000 (10,000)

Expenditure

Bath Street Stabilisation (Council resolution 27/9/2011) 153,806 213,209 (59,403)

Pre-employment medicals (due to increase in costs) 5,000 14,000 (9,000)

Planning Legal Fees (Increased costs - pending appeals) 40,000 100,000 (60,000)

Compton Way - drainage remedial works (Council resolution 28/6/2011) 0 12,000 (12,000)

Bayswater Waves - Energy audit (Council resolution 23/8/2011) 0 7,000 (7,000)

Little Athletics Storage Shed (15,000) Alarm System (2,100)

(174,503) Funding Source

Audited Opening Balance 174,503 $ Nil

Policy Implications

Not applicable.

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Financial Implications

See above budget amendments.

Voting Requirements

ABSOLUTE MAJORITY REQUIRED

At the Technical Services and Finance & Personnel Committee Meeting:

Committee/Officer Recommendation to Council

CR GRAHAM PITTAWAY MOVED, CR MIKE ANDERTON, JP SECONDED

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

Committee/Officer Recommendation to Council

That :

1. The 2011/12 Budget review for the four months ending 31 October 2011 be received.

2. The 2011/12 Budget be amended as follows : Current Amended Surplus/ Budget Budget Deficit $ $ $

Revenue

Maylands Yacht Club

Contribution incorrectly stated in the 2011/12 Budget 20,000 10,000 (10,000)

Expenditure

Bath Street Stabilisation (Council resolution 27/9/2011) 153,806 213,209 (59,403)

Pre-employment medicals (due to increase in costs) 5,000 14,000 (9,000)

Planning Legal Fees (Increased costs - pending appeals) 40,000 100,000 (60,000)

Compton Way - drainage remedial works (Council resolution 28/6/2011) 0 12,000 (12,000)

Bayswater Waves - Energy audit (Council resolution 23/8/2011) 0 7,000 (7,000)

Little Athletics - Storage Shed (15,000) Alarm System (2,100)

(174,503) Funding Source

Audited Opening Balance 174,503

$ Nil

Moved: Seconded:

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12.2.7 New Policy - Use of City of Bayswater Logo Attachments: Draft Policy "Use of Council Logo” Officer: Chief Executive Officer Refer: Item 12.2.17 : OMC: 27.09.11, Recon. 04.10.11

Application

To seek Council endorsement for a new policy “Use of Council Logo”.

Background

At its meeting of 27 September, reconvened 4 October 2011, Council deliberated on item 12.2.17 which proposed a policy on use of the Council logo and it was resolved :

"that this item be deferred."

The report is therefore resubmitted, with minor changes which will clarify the position of Elected Members' use of the logo during election campaigns. The design elements of the City of Bayswater logo signify its history, identity and services to the community. The logo is used to ensure a professional and consistent image of the City and to clearly identify its authority. There is no legislative requirement to have a logo, however its proper and accurate use is important to ensure that the City's role and reputation in the community is appropriately recognised and protected. Use of the City's logo on publications, signage, buildings and staff uniforms is managed through procedures and guidelines. However, there are occasions when external organisations request the use of the City's logo and good risk management practice would be to establish some formal arrangements for when such use is granted. The Noranda Netball Association approached the City in 2002 with a request to incorporate the City's logo in a 'community group emblem'. Council did not support that particular request. Other requests come through from time to time from local groups, and a request was recently received by the City from the Noranda Sporting Association (Inc) to incorporate the City's logo into a new emblem for the club.

Comment

Section 2.7 of the Local Government Act 1995 (the Act) prescribes in part, that the role of Council is to 'determine the local government's policies', however the Act leaves it up to the individual local governments to determine what should be incorporated into a policy. As the intent of a policy is to provide clear direction on matters that require the application of discretion or exercise of a function and to establish the framework for fair, equitable and cohesive resolution to issues, a policy on the appropriate and consistent use of the City logo would be appropriate. As examples, the City of Swan and City of Perth have policies that set out the requirements for appropriate and consistent use of their official logo or coat of arms by external organisations, and the City of Belmont and City of Wanneroo have policies preventing use of the Council logo by Elected Members for election purposes.

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The draft policy (refer Attachment 1) sets out the protocols for appropriate and consistent use of the City of Bayswater logo by officers, Elected Members and community organisations. The introduction of this policy will:

• Clarify Council's position as to the circumstances and arrangements where third party organisations can use the City's logo in their advertising and promotional material;

• Ensure that there is fair, equitable and consistent application on the authorisation and use of the City's logo;

• Provide clarity, openness and transparency on the use of the City's logo;

• Protect the City's brand and image. The policy will be supported by a detailed Management Guideline. In response to the concerns raised at the meeting of 4 October 2011, the wording of the draft policy has been amended from: "ELECTED MEMBERS

The City's logo shall not be used by Elected Members as part of that person's electoral campaign" to: "ELECTED MEMBERS

The Council logo shall not be included in any election campaign literature (brochures, flyers and the like) however Elected Members may wear their Council name badge during election campaigns in such manner as they would otherwise be entitled to do so for purposes of representing themselves to the public."

Community Benefit

Consistent and appropriate use of the City's logo will ensure that official Council activities within the community are clearly identified.

Policy Implications

As per draft policy attached.

Financial Implications

Nil.

Voting Requirements

Simple Majority Required. Officer's Recommendation

That the draft policy “Use of Council Logo” be adopted.

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At the Technical Services and Finance & Personnel Committee Meeting:

At 7.42pm Cr Martin Toldo withdrew from the meeting. At 7.43pm Cr Martin Toldo returned to the meeting.

Committee Discussion

The Committee changed the Officer's Recommendation because it was of the opinion that the section headed 'Elected Members' in the Draft "Use of Council Logo" policy should be deleted, and also the possibility of an additional policy being developed relating to use of the Council logo by Elected Members.

Committee Recommendation to Council

CR GRAHAM PITTAWAY MOVED, CR CHRIS CORNISH SECONDED

CARRIED UNANIMOUSLY

Committee Recommendation to Council

That:

1. The draft policy “Use of Council Logo” be adopted subject to deletion of the section headed 'Elected Members'.

2. Further consideration be given to other aspects for inclusion in this policy.

Moved: Seconded:

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12.3 Reports of Management/Advisory Committees

12.3.1 Audit and Risk Management Committee - 15 November 2011

At the Technical Services and Finance & Personnel Committee Meeting:

TECHNICAL SERVICES AND FINANCE & PERSONNEL COMMITTEE DECISION – EN BLOC

CR GRAHAM PITTAWAY MOVED, CR ALAN RADFORD SECONDED to en bloc Items 3.1.1 to 3.1.3 and Item 4.3.1.

CARRIED UNANIMOUSLY

12.3.1.1 Endorsement of Terms of Reference

Officer: Director of Finance

Application

For Council to consider the Terms of Reference of the Audit and Risk Management Committee.

Background

At its meeting of 31 October 2011, Council resolved :

"1. In accordance with the provisions of the Local Government Act 1995 Sections 2.28, 5.8, 5.10 and 5.11, and to ensure compliance with the Local Government Act 1995 (Parts 6 and 7) and Local Government (Audit) Regulations 1996 (s.16), Council appoints the following members to the Audit and Risk Management Committee for the term 1 November 2011 to 19 October 2013;

i) Mayor Terry Kenyon, JP;

ii) Deputy Mayor, Cr Barry McKenna;

iii) Cr Alan Radford; and

iv) Cr Sylvan Albert;

2. The purpose of the Audit and Risk Management Committee is to provide guidance

and assistance to the local government as to matters under Part 7 of the Act and to develop a process for appointing an auditor. The Committee may provide assistance in relation to Part 6 of the Act (Financial Management) and any other auditing or financial matters and any other associated risks.

3. In accordance with Section 5.11A of the Local Government Act 1995, all

Councillors who are not Members of the Audit and Risk Management Committee be appointed as Deputy Members to that Committee for the term 1 November 2011 to 19 October 2013. If a Member is unable to attend a meeting, the order of appointment of the Deputy at that meeting will be based on:

i) Councillor of the same Ward as the Member of the Committee; and ii) length of service.

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4. The Terms of Reference of the Audit and Risk Management Committee be endorsed at its first scheduled meeting."

1. Objectives of the Audit Committee

1.1 The primary objective of the Audit and Risk Management Committee is to assist Council in the effective conduct of its responsibilities for financial reporting, management of risk, maintaining a reliable system of controls and facilitating the organisation's ethical development.

1.2 The Audit and Risk Management Committee is established to assist the co-ordination of relevant activities of management and to facilitate achieving overall organisational objectives in an efficient and effective manner.

1.3 Council has constituted an Audit and Risk Management Committee to facilitate

:

o the enhancement of the credibility and objectivity of internal and external financial reporting;

o effective management of financial and other risks and the protection of Council assets;

o compliance with laws and regulations as well as use of best practice guidelines;

o the provision of an effective means of communication between the auditors, management and the Council.

2.1 General

The Audit and Risk Management Committee is a formally-appointed committee of Council and is responsible to Council. The Audit and Risk Management Committee will only have those executive powers as specifically delegated to it. The Committee's role is to :

o Report to Council and provide appropriate advice and recommendations on matters relevant to its terms of reference in order to facilitate decision-making by Council in relation to the discharge of its responsibilities; and

o Carry out its functions and fulfil its responsibilities as required by The Local Government Act 1995 and regulations.

2.2 Membership

a) The Audit and Risk Management Committee shall comprise four (4) members appointed by Council.

b) A quorum shall be three (3) for a committee with a membership of 4.

c) The Chief Executive Officer and/or the Director of Finance shall attend all meetings, except when the Committee chooses to meet in camera. Other members of Council may attend at their discretion.

d) Representatives of the external auditor should be invited to attend at the discretion of the Committee.

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e) The Committee may invite any member of staff that it sees fit in order for it to achieve its objectives.

2.3 Meetings

The Committee meet as required at the discretion of the Chairperson of the Committee at least twice (2 times) per year. Additional meetings shall be convened at the discretion of the Chairperson or at the written request of any member of the Committee or external auditor.

2.4 Reporting

The Audit and Risk Management Committee shall, after every meeting, forward the minutes of that meeting to the next ordinary meeting of the Council, including a report explaining any specific recommendations and key outcomes.

2.5 Duties and Responsibilities

(a) The duties and responsibilities of the Audit and Risk

Management Committee will include the following :

(i) The carrying out of its functions in relation to audits carried out under Part 7 of the Act.

(ii) The development of a process to be used to select and appoint a person to be an auditor.

(iii) To review the scope of the audit plan and programme and the effectiveness of the function. This review should consider whether, over a period of years, the audit plan systematically addresses :

o internal controls over revenue, expenditure, assets and liability processes;

o the efficiency, effectiveness and economy of significant Council programmes; and

o compliance with regulations, policies, instructions and contractual arrangements; and.

(iv) Critically analyse and follow up any audit report that raises significant issues relating to risk management, internal control, financial reporting and other accountability or governance issues, and any other matters relevant under the Committee's terms of reference. Review management's response to, and actions taken as a result of, the issues raised.

(v) Monitor the risk exposure of Council by determining if management has appropriate risk management processes and adequate management information systems.

(vi) Monitor ethical standards and related party transactions by determining whether the systems of control are adequate.

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(vii) Discuss with the external auditor the scope of the audit and the planning of the audit.

(viii) Discuss with the external auditor issues arising from the audit, including any management letter issued by the auditor and the resolution of such matters. Identify and refer specific projects or investigations deemed necessary.

(ix) Address issues brought to the attention of the Committee, including responding to requests from Council for advice that are within the parameters of the Committee's terms of reference.

(x) Report to Council after each meeting, in the form of minutes or otherwise, and as necessary.

b) The Audit and Risk Management Committee, through the Chief Executive Officer, and following authorisation from the Council, and within the scope of its responsibilities, may seek information or obtain expert advice on matters of concern.

Financial Implications

Nil.

Policy Implications

Nil.

Voting Requirements

Simple Majority Required.

At the Audit & Risk Management Committee Meeting:

Management Committee/Officer Recommendation

CR GRAHAM PITTAWAY MOVED, CR ALAN RADFORD SECONDED

CARRIED UNANIMOUSLY

Management Committee/Officer Recommendation to Council:

That the Terms of Reference be endorsed by Council.

At the Technical Services and Finance & Personnel Committee Meeting:

Committee Discussion

The Committee felt that as this item was distributed late due to the timing of the Audit & Risk Management Committee meeting, it should be referred to Council for discussion.

Committee Recommendation to Council

CR GRAHAM PITTAWAY MOVED, CR ALAN RADFORD SECONDED

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

Committee Recommendation to Council

That this item be deferred for Council consideration.

Moved: Seconded:

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12.3.1.2 Annual Financial Statements Attachments: Annual Financial Statements Officer: Director of Finance

Application

To provide to the Audit and Risk Management Committee a detailed Annual Report for 30 June 2011 with an Independent Auditors Report.

Background

The Local Government Act 1995 and Local Government (Financial Management) Regulations 1996 require the preparation and audit of an Annual Financial Report for inclusion in the City's Annual Report each year. This report presents the City's Annual Financial Report and associated Audit Report for consideration and acceptance. Statutory Requirements

Section 6.4 of the Local Government Act 1995 requires that - "(1) A local government is to prepare an annual financial report for the preceding financial

year and such other financial reports as are prescribed. (2) The financial report is to -

(a) be prepared and presented in the manner and form prescribed; and

(b) contain the prescribed information. (3) By 30 September following each financial year or such extended time as the Minister

allows a local government is to submit to its auditor -

(a) the accounts of the local government, balanced up to the last day of the preceding financial year; and

(b) the annual financial report of the local government for the preceding financial year."

The Local Government (Financial Management) Regulations 1996 and Australian Accounting Standards determine the format of the Annual Financial Report. The Annual Financial Reports were prepared and presented to Council external auditors on 19 September 2011 in accordance with the requirements of the Local Government Act 1995. Once again, this year the City was presented with a "clean" Audit Report for 2010/2011, signed off by the auditors on 17 October 2011 (see attachment 1). There were no specific audit issues raised in the year-end audit report. It should be noted that, as in previous years, the financial statements are consolidated in accordance with International Accounting Standard requirements which incorporate City of Bayswater Residential Aged Care Facilities and City of Bayswater Child Care Centre Association. (This is due to the City of Bayswater having a controlling interest in these entities.

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Highlights of the accounts shown on the Statement of Financial Position (Balance Sheet) are that the City has a total asset value of $224,625,132 with a liability of $31,883,992 resulting in a total equity of $192,741,140 (ownership). An abridged version of the attached detailed accounts will be included in the Annual Report of Council. Financial Implications The preparation, audit and distribution of the Annual Financial Statements are a statutory obligation. Audit fees are the subject of a tender and the year ending 30 June 2011 represents the third year of a 3 + 2 year contract.

Policy Implications

Nil.

Voting Requirements

ABSOLUTE MAJORITY REQUIRED

At the Audit & Risk Management Committee Meeting:

Management Committee/Officer Recommendation to Technical Services and Finance & Personnel Committee

CR ALAN RADFORD MOVED, CR GRAHAM PITTAWAY SECONDED

CARRIED UNANIMOUSLY

Management Committee/Officer Recommendation to Council:

That Council accepts the Annual Financial Statements for the period ending 30 June 2011 (as detailed in Attachment 1) for inclusion in the City of Bayswater's 2010/2011 Annual Report.

At the Technical Services and Finance & Personnel Committee Meeting:

Committee Discussion

The Committee felt that as this item was distributed late due to the timing of the Audit & Risk Management Committee meeting, it should be referred to Council for discussion. Committee Recommendation to Council

CR GRAHAM PITTAWAY MOVED, CR ALAN RADFORD SECONDED

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

Committee Recommendation to Council

That this item be deferred for Council consideration.

Moved: Seconded:

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12.3.1.3 Internal Audit Program for 2011/2012 Attachments: Submission from Macri Partners Officer: Director of Finance

Application

To consider the external auditors internal audit report (known as the Financial Management Report 2011) and ongoing internal audit program for 2011/2012.

Background

In accordance with the Local Government Act 1995 and the Local Government (Financial Management) Regulations 1996 (amended), a review is to be undertaken of the City's financial management systems and procedures regularly – at least once every four (4) years. Under the Local Government (Financial Management) Regulations Part 2 Section 6.10 Regulations 5.2(c) the Chief Executive Officer is to undertake the following : "(c) Undertake reviews of the appropriateness and effectiveness of the financial management systems and procedures of the local government regularly and not less than once in every four financial years and report to the local government the results of those reviews." In early 2009, Council called for tenders to conduct the City’s internal audits for a term of four (4) years, and Macri Partners was appointed. In its recent audit, Macri Partners included the following areas of Council’s operations :

o Rates o Emergency Services Levy o Receipts o Payroll o Petty Cash and Advances o Sundry Debtors o Payments and Payment o Purchasing o Minutes

Its report on the elements of the 2010/2011 internal audit is attached (refer Attachment 1). The auditors will be present at the meeting to discuss any issues which the Committee may wish to raise pertaining to its internal audit letter. As part of its ongoing internal audit program, Macri Partners has indicated that its 2011/2012 program will cover processes and procedures in the following areas :

o Asset Register o Fringe Benefits o Investments o Trust Fund o Revenue

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The auditors will be present at the meeting. If the Committee wishes to raise any other areas they may do so with the Principal, Anthony Macri or the Manager, Audit and Accounts Services, Menon.

Financial Implications

Nil.

Policy Implications

Nil.

Voting Requirements

Simple Majority Required.

At the Audit & Risk Management Committee Meeting:

Management Committee/Officer Recommendation

CR ALAN RADFORD MOVED, CR GRAHAM PITTAWAY SECONDED

CARRIED UNANIMOUSLY

Management Committee/Officer Recommendation to Council:

That the report on the Internal Audit Report for 2010/2011 and Internal Audit Program for 2011/2012 be received.

At the Technical Services and Finance & Personnel Committee Meeting:

Committee Discussion

The Committee felt that as this item was distributed late due to the timing of the Audit & Risk Management Committee meeting, it should be referred to Council for discussion.

Committee Recommendation to Council

CR GRAHAM PITTAWAY MOVED, CR ALAN RADFORD SECONDED

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

Committee Recommendation to Council

That this item be deferred for Council consideration.

Moved: Seconded:

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13 MAYOR’S REPORT

14 AFFIXING OF COMMON SEAL

14.1 Authorisation for Affixing of the Common Seal

Approval is sought for affixing of the common seal to the following documents:

Document Details No. of Documents

Council Resolution

For Approval or Ratification

Grant Agreement - Local Government Reform Asset Management Capacity Building

1 NA Ratification

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15 DISCUSSION OF MATTERS BEHIND CLOSED DOORS

15.1 Planning and Development Services

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee Recommendation

CR MICHAEL SABATINO MOVED, CR GRAHAM PITTAWAY SECONDED that the meeting be closed to the public and the doors were closed.

At 10:06pm, the meeting was closed to the public, however there were no members of the public present at this time.

CARRIED UNANIMOUSLY

15.1.1 Status Report - Planning Complaints / Zoning Breaches - November 2011 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; … (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; … (f) a matter that if disclosed, could be reasonably expected to –

(i) impair the effectiveness of any lawful method or procedure for preventing, detecting, investigating or dealing with any contravention or possible contravention of the law;

Voting Requirements

Simple Majority Required.

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee/Officer Recommendation to Council

CR SYLVAN ALBERT MOVED, CR GRAHAM PITTAWAY SECONDED

CARRIED UNANIMOUSLY

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Committee/Officer Recommendation to Council

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

Moved: Seconded:

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15.1.2 Retaining Wall Location: Lot 671, No. 2 Foyle Road, Bayswater Attachments: No. 1 - Location Plan and Site Photographs

No. 2 - Survey Diagram No. 3 - Correspondence from Owner of No. 2 Foyle Road, Bayswater dated 14 November 2011

File No: FOY-21/2 Owner: Nicole Bairstow, Brett Bairstow Officer: Director of Planning and Development Services

CONFIDENTIAL ITEM

Application

To inform Council of issues relating to an encroachment of a retaining wall between No. 2 Foyle Road, Bayswater and No. 25 Beechboro Road South, Bayswater.

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; … (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; … (f) a matter that if disclosed, could be reasonably expected to –

(i) impair the effectiveness of any lawful method or procedure for preventing, detecting, investigating or dealing with any contravention or possible contravention of the law;

Voting Requirements

Simple Majority Required.

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee/Officer Recommendation to Council

CR ALAN RADFORD MOVED, CR GRAHAM PITTAWAY SECONDED

CARRIED UNANIMOUSLY

Committee/Officer Recommendation to Council

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

Moved: Seconded:

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15.1.3 Proposed Concrete Batching Plant - Appeal (Review) to State Administrative Tribunal (SAT) Location: Lot 2, No. 277-279 Collier Road, Bayswater Attachments: No. 1 - Location Plan and Site Photographs

No. 2 - Detailed Plans File No: DA10-0741 Applicant: WA Limestone Owner: Ransbery Pty Ltd Officer: Director of Planning and Development Services Refer: Item 11.1.12: OCM 28.6.2011

CONFIDENTIAL ITEM

Application

Council consideration is sought in relation to additional and amended information received regarding the proposed concrete batching plant and retaining walls at Lot 2, Nos. 277-279 Collier Road, Bayswater, which was refused by Council at its Ordinary Meeting on 28 June 2011, and is currently the subject of an appeal/review to the State Administrative Tribunal (SAT). 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

Simple Majority Required.

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee/Officer Recommendation to Council

CR GRAHAM PITTAWAY MOVED, CR ALAN RADFORD SECONDED

CARRIED UNANIMOUSLY

Committee/Officer Recommendation to Council

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

Moved: Seconded:

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15.2 Administration and Community Services Nil.

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee Recommendation:

CR ALAN RADFORD MOVED, CR SYLVAN ALBERT SECONDED that the meeting be re-opened to the public and the doors were re-opened.

At 10:13pm, the meeting was re-opened to the public, however there were no members of the public present at this time to invite back into the meeting.

At the Planning and Development Services and Administration and Community Services Committee Meeting:

Committee Recommendation

PLANNING AND DEVELOPMENT SERVICES & ADMINISTRATION AND COMMUNITY SERVICES COMMITTEE DECISION – ORDER OF CONFIDENTIAL BUSINESS.

CR MICHAEL SABATINO MOVED, CR GRAHAM PITTAWAY SECONDED that all remaining confidential items be carried by en bloc resolution.

CARRIED UNANIMOUSLY

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15.3 Technical Services

At the Technical Services and Finance & Personnel Committee Meeting:

COMMITTEE RESOLUTION

CR ALAN RADFORD MOVED, CR MIKE ANDERTON, JP SECONDED that the meeting be closed to the public.

CARRIED UNANIMOUSLY

At 8:03pm, the doors were closed to the public.

15.3.1 House Unfit for Habitation Officer: Director of Technical Services

CONFIDENTIAL ITEM

Application

To seek Council's endorsement to issue a Health Notice to the owner of a property in Maylands, declaring the house unfit for human habitation. 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.

(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.

(f) (i) A matter that if disclosed, could be reasonably expected to impair the effectiveness of any lawful method or procedure for preventing, detecting investigating or dealing with any contravention or possible contravention of the law.

Voting Requirements

Simple Majority Required.

At the Technical Services and Finance & Personnel Committee Meeting:

CR ALAN RADFORD MOVED, CR MARTIN TOLDO SECONDED

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

Committee/Officer Recommendation to Council

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

Moved: Seconded:

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15.3.2 House Unfit for Human Habitation Officer: Director of Technical Services

CONFIDENTIAL ITEM

Application

To seek Council's endorsement to issue a Notice to the owner of a property in Bayswater to clean and repair the house in accordance with the requirement of the Health Act 1911, Part 3 of the City of Bayswater's Health Local Laws and the Building Code of Australia. 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.

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

(e) (iii) A matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person where the trade secret or information is held by, or is about, a person other than the local government.

(f) (i) A matter that if disclosed, could be reasonably expected to impair the effectiveness of any lawful method or procedure for preventing, detecting investigating or dealing with any contravention or possible contravention of the law.

Voting Requirements

Simple Majority Required.

At the Technical Services and Finance & Personnel Committee Meeting:

CR ALAN RADFORD MOVED, CR MARTIN TOLDO SECONDED

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

Committee/Officer Recommendation to Council

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

Moved: Seconded:

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15.4 Finance & Personnel

15.4.1 Further Legal Action - Property 1153851 Officer: Director of Finance Refer: Item 16.4.2 : OMC: 19.04.11

CONFIDENTIAL ITEM

Application

To advise Council of the progress of legal action taken against the owner of property number 1153851 due to unpaid rates and charges in excess of three years. 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

At the Technical Services and Finance & Personnel Committee Meeting:

CR ALAN RADFORD MOVED, CR MARTIN TOLDO SECONDED

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

Committee/Officer Recommendation to Council

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

Moved: Seconded:

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15.4.2 Outstanding Rates and Charges Officer: Director of Finance

CONFIDENTIAL ITEM

Application

To consider placing a caveat on the land title of the properties listed on the schedule in the confidential report attached due to unpaid rates of three years or more, and in accordance with Council Policy FS-P16. 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

At the Technical Services and Finance & Personnel Committee Meeting:

Committee/Officer Recommendation to Council

CR MIKE ANDERTON, JP MOVED, CR MARTIN TOLDO SECONDED

CARRIED UNANIMOUSLY

Committee/Officer Recommendation to Council

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

Moved: Seconded:

At the Technical Services and Finance & Personnel Committee Meeting:

TECHNICAL SERVICES AND FINANCE & PERSONNEL COMMITTEE DECISION – EN BLOC

CR ALAN RADFORD MOVED, CR MARTIN TOLDO SECONDED to en bloc Confidential Items 4.1.1, 4.1.2 and 4.2.1.

CARRIED UNANIMOUSLY

COMMITTEE RESOLUTION

CR MIKE ANDERTON, JP MOVED, CR GRAHAM PITTAWAY SECONDED that the meeting be re-opened to the public.

CARRIED UNANIMOUSLY

At 8:09pm, the doors were re-opened to the public, however there were no members of the public present.

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15.4.3 2010/2011 Interim Audit Officer: Director of Finance

CONFIDENTIAL ITEM

Application

To consider issues raised in the 2010/2011 interim audit letter from Macri Partners dated 5 October 2011 and the program for the final audit. 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

ABSOLUTE MAJORITY REQUIRED.

At the Audit & Risk Management Committee Meeting:

Management Committee/Officer Recommendation

CR GRAHAM PITTAWAY MOVED, CR ALAN RADFORD SECONDED

CARRIED UNANIMOUSLY

At the Technical Services Committee Meeting:

Committee Recommendation to Council

CR GRAHAM PITTAWAY MOVED, CR ALAN RADFORD SECONDED

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION

Committee Recommendation to Council

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

Moved: Seconded:

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16 CLOSURE