MINUTES COUNCIL MEETING COUNCIL CHAMBERS 241 ROKEBY ROAD, SUBIACO TUESDAY, 28 JUNE 2016 COMMENCEMENT: 5.30PM CLOSURE: 10.10PM No responsibility whatsoever is implied or accepted by the city for any act, omission or statement or intimation occurring during council meetings. The city disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during council meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a council meeting does so at that person’s or legal entity’s own risk. In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by any member or officer of the city during the course of any meeting is not intended to be and is not taken as notice of approval from the city. The City of Subiaco wishes to advise that any plans or documents contained within this agenda may be subject to copyright law provisions (Copyright Act 1968, as amended) and that the express permission of the copyright owner(s) should be sought prior to their reproduction. Members of the public should note that no action should be taken on any item discussed at a council meeting prior to written advice on the resolution of council being received. Agendas and minutes are available on the city’s website www.subiaco.wa.gov.au CONTENTS 1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS ..................... 1 2. ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE ........................................ 1 3. DISCLOSURE OF INTEREST ................................................................................ 1 D4 Rosalie Park Parking Management Plan - Consultation Process ......................... 1 T4 Attendance at the 2016 International Cities, Town Centres and Communities Conference ..................................................................................... 2 4. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ............ 2 5. PUBLIC QUESTION TIME ..................................................................................... 2 D7 Report for Final Adoption and Outcome of Advertising – Proposed Scheme Amendment No. 28 – Recoding of Various Properties on Cunningham Terrace, Stubbs Terrace and Luth Avenue, Daglish from ‘Residential R15’ to ‘Residential R25’ ............................................................................................... 2 City of Perth Act .............................................................................................................. 4 Cr Lynley Hewett ............................................................................................................. 4 6. PUBLIC STATEMENT TIME .................................................................................. 5 D4 Rosalie Park Parking Management Plan - Consultation Process ......................... 5 D7 Report for Final Adoption and Outcome of Advertising – Proposed Scheme Amendment No. 28 – Recoding of Various Properties on Cunningham Terrace, Stubbs Terrace and Luth Avenue, Daglish from ‘Residential R15’ to ‘Residential R25’ ............................................................................................... 5 D8 Draft Local Planning Policy 2.27 – Land Use in the Town Centre Zone – Consent to Advertise ............................................................................................ 6 C1 55 Salvado Road, Subiaco - Reconsideration Under Section 31(1) of the State Administrative Tribunal Act, 2004 of Decision to Refuse an Application for a Change of Use from Showroom to Shop (Growers Lane) (7.2015.188.1) (DR 66/2016) ................................................................................ 6 Cr Lynley Hewett ............................................................................................................. 7 7. PETITIONS AND APPROVED DEPUTATIONS .................................................... 7 8. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS ................................ 7 8.1 Ordinary Council Meeting – 24 May 2016 ............................................................. 7 8.2 Special Council Meeting – 14 June 2016 .............................................................. 7 9. ANNOUNCEMENTS BY THE PRESIDING MEMBER ........................................... 8 Cr Lynley Hewett ............................................................................................................. 8 10. REPORTS OF COMMITTEES AND EMPLOYEES ................................................ 8 10.1 DEVELOPMENT SERVICES COMMITTEE ......................................................... 8 D2 Draft Licence Agreement for Car Station 16 ......................................................... 9 D3 Tender A/ 4225 Graffiti Removal Service ........................................................... 13 D4 Rosalie Park Parking Management Plan - Consultation Process ....................... 16 D5 Nomination to Include Reserve 20246, Incorporating the Daglish Tennis Club, on the Town Planning Scheme Heritage List............................................. 20 D6 Draft Local Planning Scheme No.5 – Summary of Previous Reports to Council ................................................................................................................ 24 D7 Report for Final Adoption and Outcome of Advertising – Proposed Scheme Amendment No. 28 – Recoding of Various Properties on Cunningham Terrace, Stubbs Terrace and Luth Avenue, Daglish from ‘Residential R15’ to ‘Residential R25’ ............................................................................................. 29 D8 Draft Local Planning Policy 2.27 – Land Use in the Town Centre Zone – Consent to Advertise .......................................................................................... 37 C1 55 Salvado Road, Subiaco - Reconsideration Under Section 31(1) of the State Administrative Tribunal Act, 2004 of Decision to Refuse an Application for a Change of Use From Showroom to Shop (Growers Lane) (7.2015.188.1) (DR 66/2016)*............................................................................. 43 10.2 CORPORATE, COMMUNITY AND TECHNICAL SERVICES COMMITTEE ....... 55 T1 Tender A/4270 Pressure Cleaning Services ....................................................... 55 T2 Review of Delegations & Authorisations 2016 .................................................... 58 T3 Public Consultation: Community Safety And Crime Prevention Plan 2016-20 .... 63 T4 Attendance at the 2016 International Cities, Town Centres and Communities Conference ................................................................................... 68 T5 Financial Statements and Reports for the month ending 31 May 2016 .............. 70 10.3 ECONOMIC AND BUSINESS SUSTAINABILITY COMMITTEE ......................... 73 E7.1 Subiaco Street Party Event Review .................................................................... 73 E7.2 Update on Professional Advice Regarding a Future Leasing Strategy ............... 78 E7.3 Proposed Three Hour Free Parking Trial – Car Station 13, Rowland Street ....... 84 E7.4 Economic Development Strategy Review – Progress Update ............................ 87 10.4 EMPLOYEE REPORTS........................................................................................ 89 C1 55 Salvado Road, Subiaco - Reconsideration Under Section 31(1) of the State Administrative Tribunal Act, 2004 of Decision to Refuse an Application for a Change of Use From Showroom to Shop (Growers Lane) (7.2015.188.1) (DR 66/2016)*............................................................................. 89 C2 Award of Tender A/4261 – Rokeby Road Streetscape Project – Street Lighting Pole*...................................................................................................... 89 C3 Matters for Information* ...................................................................................... 93 11. ELECTED MEMBERS’ MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN........................................................................................................ 95 C11.1 Elected Member’s Motion – Parking on Stubbs Terrace ..................................... 95 12. NEW BUSINESS OF AN URGENT NATURE APPROVED BY THE PERSON PRESIDING OR BY A DECISION OF THE MEETING ........................ 96 13. MEETING CLOSED TO THE PUBLIC ................................................................. 97 C13.1 Forrest Square – Confidential*............................................................................ 97 P1 Business Plan - Major Land Transaction - 133 Salvado Road, Jolimont Confidential ......................................................................................................... 98 P2 592 to 616 Hay St and 2 Bishop St, Jolimont – Disposal Options Confidential ......................................................................................................... 99 14. CLOSURE OF MEETING ..................................................................................... 99 * Separate attachments 28 JUNE 2016 1. ORDINARY COUNCIL MEETING - MINUTES DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS The presiding member declared the meeting open at 5.30pm and welcomed councilors, the media and members of the public. 2. ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE Elected Members Present: Mayor Henderson (Presiding Member) Councillor Arbuckle (arrived 5.39pm) Councillor Gedero Councillor Mummery Councillor Clements (arrived 5.34pm) Councillor Rowe Councillor Hemsley Councillor Burns Councillor McAllister (arrived 5.51pm) Councillor Stroud Central Ward Central Ward Central Ward East Ward East Ward South Ward North Ward North Ward North Ward Staff Members Present: Don Burnett Debbie Terelinck Alan Millard Michael Duckett David Milliken Kerry Plantinga Sandi Found Chief Executive Officer Director Community Development Director Technical Services A/Director Development Services Manager Planning Services Minutes Secretary Public Liaison Approved Leave of Absence: Apologies: Councillor Matheson Councillor Hewett Councillor Richardson East Ward South Ward South Ward Public gallery present: Members of the public Members of the press 40 2 3. DISCLOSURE OF INTEREST D4 Rosalie Park Parking Management Plan - Consultation Process Councillor Hemsley disclosed a financial and proximity interest in item D4 as he owns a home on Onslow Road which is affected by the Rosalie Park Management Plan. CITY OF SUBIACO 1 E/16/169 28 JUNE 2016 T4 Attendance at the 2016 Communities Conference ORDINARY COUNCIL MEETING - MINUTES International Cities, Town Centres and Mayor Henderson disclosed an interest in item T4 as she will be attending the conference. Councillor Rowe disclosed a financial interest in item T4 as he has put his name to the list of attendees. Councillor Stroud disclosed a financial interest in item T4 as she will be attending the conference. 4. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE Nil 5. PUBLIC QUESTION TIME D7 Report for Final Adoption and Outcome of Advertising – Proposed Scheme Amendment No. 28 – Recoding of Various Properties on Cunningham Terrace, Stubbs Terrace and Luth Avenue, Daglish from ‘Residential R15’ to ‘Residential R25’ Alex Scott, 163 Stubbs Terrace Daglish asked: Please explain the range of densities considered for the area in question? I understand the city had a consultant assist with consideration of suitable coding and land usage for this part of Daglish which would have informed the R25 recommendation. The Manager, Planning Services advised: A consultant was engaged to prepare an independent study on the benefits and impacts of different r-codings in the area. It considered a range from maintaining the current R15 code through to an R40 code. The report was used to provide background information for the assessment and progressing of this proposal. Councillor Clements entered the chamber at 5.34pm. Malcolm Simmonds, 7 Cunningham Terrace Daglish asked: I would like to clarify the planning activities undertaken by Council staff and outcomes for the proposed expanded area. I understand that as a result of receiving proposals from the community for amendment no.27 and no.28 (original properties) the Council staff have undertaken contextual work to provide a holistic view of the heritage values, density requirements and usage of land in this part of Daglish. CITY OF SUBIACO 2 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES This is a great example of the Council addressing and building on proposals put forward from within the local community – the Council has done a lot of planning work in this part of Daglish which will also feed directly into the TPS no. 5. The Preliminary Heritage Survey of the City of Subiaco Station Precincts recommendations show that there is minimal to no heritage value in the part of Daglish covered by Amendment no 28 and its modification. These recommendations have been presented to the Council. Council staff also commissioned a study to assist them to arrive at a suitable coding and land usage for this part of Daglish. Question What is the likelihood that the proposed expanded area would be coded differently in the TPS 5? The Manager Planning Services advised: The review of the Town Planning Scheme will be a holistic review of all planning mechanisms within the city, including zonings and density codes. Notwithstanding the decision of Council tonight, the research and information will be important considerations in the formulation of TPS5. Christina Weedon on behalf of Paul Auret, 12 Cunningham Terrace Daglish asked: I would like to clarify the consultation for Scheme Amendment No. 28, including the modification proposed by Council staff. The public consultation for No. 28 was advertised in a number of ways, including signage, ads in The Post, Subi News, information on the City of Subiaco website and very detailed letters sent to property owners (the signs are still in place). The letters covered the proposed amendment covering the original 23 properties but also said “following on from the city’s recent community survey – Heritage Values and Increased Densities, you are invited to provide comments regarding this Scheme Amendment (that which would result from the survey outcomes) and the proposal for increased density in this part of Daglish as outlined in the resolution above (original No. 28 amendment). The submission process asked the following question ‘would you support the amendment area being increased to include more properties south of the park or in another location adjacent to the amendment area’. There was a lot of opportunity over the 6 week period for the community to respond, contact the Council staff or Councillors for more information. (In addition remember that a lot of consultation occurred prior to initialising the original amendments No. 27 and No. 28). Question I believe those people saying that they have not been consulted received letters on the original No. 28 and inviting comments relating to more general increase in density in this part of Daglish. Can you please detail which properties were sent letters? CITY OF SUBIACO 3 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES The Manager Planning Services advised: A total of 163 letters were sent to all property owners and occupiers generally within approximately 100m of the original amendment area. All properties in the area bound by Selby Street, Lonnie Street, Stubbs Terrace, Troy Terrace and Millington Avenue to the south of Charles Stoke Reserve and Cliff Sadlier Park were consulted with, and properties directly to the north of Charles Stokes reserve along Clubb Avenue. The City is able to provide a map in our written response to ensure clarity. City of Perth Act Helen Leeder, 3 Cuthbert Street Shenton Park asked: Before the City of Perth Act, the State Government required, by 2031, about 3600 new dwellings to be built across the Subiaco local government area. There are now a considerable number of new dwellings in St Catherine’s and Trinity Hall’s of residence. Question 1 To which LGA will they now be accredited? Question 2 As of 1st July 2016, how many additional dwellings will be required in Subiaco? The Manager Planning Services advised: Question 1 The dwelling targets set out in Directions 2031 were allocated across the metropolitan area by local government in line with the boundaries at the time, however the targets were not broken down any further than that. It is considered that a significant portion of the 3600 dwellings would have been located area to be transitioned to the City of Perth. St Catherines and Trinity Hall will be in the City of Perth from 1st July. Question 2 The WAPC is yet to revise Directions 2031 and provide these details. However the City of Subiaco is well advanced in preparing the Subiaco Activity Centre Plan and the North Subiaco Structure Plan, which consider the appropriate population levels to create a vibrant and sustainable Subiaco whilst protecting Subiaco’s urban character. Councillor Arbuckle entered the chamber at 5.39pm. Cr Lynley Hewett Helen Leeder, 3 Cuthbert Street Shenton Park asked: Councillor Hewett has been a member of the Subiaco City Council since May 2001 – not forgetting 2 years from 1995 – 1997. I would like to acknowledge from the gallery the dedication with which she has served the City in general and the South Ward in particular. Her contribution and identification with our community will now remain unparalleled. CITY OF SUBIACO 4 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Derek was in awe of her corporate memory and her ability to anticipate ramifications of decision making. I understand that only a Mayor can be made a Freeman of the City – but we’ve always been parochial in the South Ward. Before she is exiled to the City of Perth, would Council consider recognising Lynley Hewett as a Freeman of Shenton Park? The Chief Executive Officer advised: Council needs to formally resolve to make a person a freeman of the City. Council can make anyone a freeman not just a Mayor or former Mayor. 6. PUBLIC STATEMENT TIME D4 Rosalie Park Parking Management Plan - Consultation Process John Godfrey, 44 Hilda Street Shenton Park submitted and read a statement in opposition to the recommendation. D7 Report for Final Adoption and Outcome of Advertising – Proposed Scheme Amendment No. 28 – Recoding of Various Properties on Cunningham Terrace, Stubbs Terrace and Luth Avenue, Daglish from ‘Residential R15’ to ‘Residential R25’ Stacey Towne, c/o Planning Context, 20 Vaucluse Avenue Claremont submitted and read a statement in support of the recommendation. Councillor McAllister entered the chamber at 5.51pm. Natalie Lee, 175 Stubbs Terrace Daglish submitted and read a statement in opposition of the recommendation. Christina Weedon, 7 Cunningham Terrace Daglish submitted and read a statement in support of the recommendation. Simon Wall, 4A Luth Avenue Daglish submitted and read a statement requesting the decision to be put on hold until further consultation with affect parties takes place. Stan Davies, 9 Cunningham Terrace Daglish submitted and read a statement in support of the recommendation. Rachael Kelly, 165 Stubbs Terrace Daglish submitted and read a statement in support of the recommendation. Terry Cutts spoke on behalf of Gillian Smith, 17 Cunningham Terrace Daglish in support of the recommendation. Ian Birch, 29 Lansdowne Street Jolimont submitted and read a statement in support of the recommendation. CITY OF SUBIACO 5 E/16/169 28 JUNE 2016 D8 ORDINARY COUNCIL MEETING - MINUTES Draft Local Planning Policy 2.27 – Land Use in the Town Centre Zone – Consent to Advertise Peter Lawrance, 20 Barker Road Subiaco submitted and read a statement in support of the recommendation. C1 55 Salvado Road, Subiaco - Reconsideration Under Section 31(1) of the State Administrative Tribunal Act, 2004 of Decision to Refuse an Application for a Change of Use from Showroom to Shop (Growers Lane) (7.2015.188.1) (DR 66/2016) Mark Johnson, 18 Campbell Street Subiaco submitted and read a statement in support of the application. Nino Siciliano spoke on behalf of Gabriel Chan, 40 Unwin Avenue Wembley Downs in support of the application. Nino Siciliano spoke on behalf of Leonie Hewson, 1/224 Rokeby Road Subiaco in support of the application. Nino Siciliano, 40 Unwin Avenue Wembley Downs submitted and read a statement in support of the application. Shan Carberry, 18 Campbell Street Subiaco submitted and read a statement in support of the application. Gary Stilwell, 30 Joll Terrace East Perth submitted and read a statement in support of the application. Diep Tran, 84 Nicholas Road Wanneroo submitted and read a statement in support of the application. Kitty Smith, 16/1 Price Street Subiaco submitted and read a statement in support of the application. Belinda Moharich, c/o Moharich and More, 3/70 Angela Street South Perth submitted and read a statement in support of the application. Gino Premici, c/o Homebase, 55 Salvado Road Subiaco submitted and read a statement in support of the application. Tan Tran, 84 Nicholas Road Wanneroo submitted and read a statement in support of the application. Gerard Edwards, 16 Cuthbert Street Shenton Park submitted and read a statement in support of the application. CITY OF SUBIACO 6 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Cr Lynley Hewett John Godfrey, 44 Hilda Street Shenton Park submitted and read a statement acknowledging and thanking Cr Hewett for what she has contributed to the City of Subiaco. 7. PETITIONS AND APPROVED DEPUTATIONS Nil 8. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS 8.1 Ordinary Council Meeting – 24 May 2016 COUNCIL DECISION Moved Cr Burns/seconded Cr Rowe That the minutes of the Ordinary Council meeting held on Tuesday, 24 May 2016 be confirmed. CARRIED 10/0 6.47pm 8.2 Special Council Meeting – 14 June 2016 COUNCIL DECISION Moved Cr Gedero/seconded Cr Burns That the minutes of the Special Council meeting held on Tuesday, 14 June 2016 be confirmed. CARRIED 10/0 6.48pm CITY OF SUBIACO 7 E/16/169 28 JUNE 2016 9. ORDINARY COUNCIL MEETING - MINUTES ANNOUNCEMENTS BY THE PRESIDING MEMBER Cr Lynley Hewett The Mayor advised that tonight is Councillor Hewett's last Council meeting and on behalf us all, Councillors, staff and people of Subiaco, the city would like to extend its gratitude to retiring Councillor Lynley Hewett for her services as a Member of Council from May 1995 to July 1997, and May 2001 to June 2016. The city thanks Councillor Hewett for the contribution she has made to the progress and welfare of the City of Subiaco and particularly the South Ward during her time as a Councillor. Councillors, staff and the gallery acknowledged the Mayor’s comments by acclamation. 10. REPORTS OF COMMITTEES AND EMPLOYEES 10.1 DEVELOPMENT SERVICES COMMITTEE The following items were determined by the Development Services Committee under delegation at its meeting on Tuesday 14 June 2016: D1 No. 34 (Lot 446) Rossello Lane, Subiaco – Alterations and Additions to Existing Two Storey (with Loft) Single House – (DA7.2016.28.1) COUNCIL DECISION Moved Cr Arbuckle/seconded Cr Rowe That the recommendations relating to D3, D5 and D6 contained in the minutes of the Development Services Committee meeting of 14 June 2016 be adopted. CARRIED 10/0 6.51pm CITY OF SUBIACO 8 E/16/169 28 JUNE 2016 D2 ORDINARY COUNCIL MEETING - MINUTES DRAFT LICENCE AGREEMENT FOR CAR STATION 16 REPORT FROM CHIEF EXECUTIVE OFFICER Author(s): Chief Executive Officer, Don Burnett Date: 17 May 2016 File Reference: P5717 Voting Requirements: Simple - more than half elected members present required to vote in favour COUNCIL DECISION Moved Cr Rowe/seconded Cr Burns That the Council 1. authorise the Chief Executive Officer to negotiate a licence agreement with the strata owners of lots 563,565 and 567 Hay Street for the management of Car Station 16 based on the following:• Initial 3 year period with two x 3 year options at the discretion of the city of Subiaco. • Annual Licence fee of $25,000. • Licensee being responsible for all maintenance. • Appropriate indemnities. • Site to be made available to general public outside core business hours. • Termination clauses should the space be required for public infrastructure development. 2. subject to the Licence agreement as outlined in point 1 being introduced, not proceed with the implementation of paid parking at parking station 16, however in the event that the Licence agreement has not been implemented by 1 October 2016, paid parking be introduced as per the conditions outlined in the 19 April 2016 report to Council. CARRIED 8/2 CRS HEMSLEY AND MUMMERY VOTED AGAINST 6.58pm COMMITTEE RECOMMENDATION Moved Cr Rowe/seconded Cr Burns That the Council 1. authorise the Chief Executive Officer to negotiate a licence agreement with the strata owners of lots 563,565 and 567 Hay Street for the management of Car Station 16 based on the following:• Initial 3 year period with two x 3 year options at the discretion of the city of Subiaco. • Fixed annual Licence fee of $25,000. • Licensee being responsible for all maintenance. • Appropriate indemnities. • Site to be made available to general public outside core business hours. • Termination clauses should the space be required for public infrastructure development. 2. subject to the Licence agreement as outlined in point 1 being introduced, not proceed with the implementation of paid parking at parking station 16, however in the event that the Licence agreement has not been implemented by 1 October CITY OF SUBIACO 9 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES 2016, paid parking be introduced as per the conditions outlined in the 19 April 2016 report to Council. AMENDMENT Moved Cr Arbuckle/seconded Cr Stroud That the word “fixed” be removed from bullet point 2 of paragraph 1. CARRIED 8/2 CRS ROWE AND MUMMERY VOTED AGAINST 6.54pm Cr Arbuckle provided the following reasons: The term “fixed” in this context is confusing. The licence term is 3 years, but at the CEO’s explanation it was to be renewed annually as a licence. Using the term “fixed” implies that the fee will be the same for all years, which contradicts the annual nature of the licence. Removing the term “fixed” will remove any contradiction and give some flexibility to pricing in future years. The amendment forms part of the substantive motion. SUBSTANTIVE MOTION Moved Cr Rowe/seconded Cr Burns That the Council 1. authorise the Chief Executive Officer to negotiate a licence agreement with the strata owners of lots 563,565 and 567 Hay Street for the management of Car Station 16 based on the following:• Initial 3 year period with two x 3 year options at the discretion of the city of Subiaco. • Annual Licence fee of $25,000. • Licensee being responsible for all maintenance. • Appropriate indemnities. • Site to be made available to general public outside core business hours. • Termination clauses should the space be required for public infrastructure development. 2. subject to the Licence agreement as outlined in point 1 being introduced, not proceed with the implementation of paid parking at parking station 16, however in the event that the Licence agreement has not been implemented by 1 October 2016, paid parking be introduced as per the conditions outlined in the 19 April 2016 report to Council. CARRIED 8/2 CRS HEMSLEY AND MUMMERY VOTED AGAINST 6.58pm OFFICER RECOMMENDATION That the Council 1. authorise the Chief Executive Officer to negotiate a licence agreement with the strata owners of lots 563,565 and 567 Hay Street for the management of Car Station 16 based on the following:• Initial 3 year period with two x 3 year options at the discretion of the city of Subiaco. • Fixed annual Licence fee of $25,000. CITY OF SUBIACO 10 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES • • • • 2. Licensee being responsible for all maintenance. Appropriate indemnities. Site to be made available to general public outside core business hours. Termination clauses should the space be required for public infrastructure development. subject to the Licence agreement as outlined in point 1 being introduced, not proceed with the implementation of paid parking at parking station 16, however in the event that the Licence agreement has not been implemented by 1 October 2016, paid parking be introduced as per the conditions outlined in the 19 April 2016 report to Council. Background Council, at its 19 April 2016 meeting, resolved as part of that resolution:“With regard to Car Station 16, Hay Street, defer giving public notice of the proposed fee adjustment and the implementation of paid parking to enable further consultation with the adjoining property owners with a further report to be presented to the June Development Services Committee” The Chief Executive Officer has met with representatives of the corporate body and discussed the option of the City granting a Licence over the carpark (plan attached) for continued use under the current arrangements. Comment Agreement in principal was reached on a proposal that would be subject to Council consideration and endorsement. The basis of that agreement was the following outcomes:1. That Council would not install paid parking into the Parking Station 2. The Corporate body (Licensee) would enter into a Licence agreement with the City for the car park to operate as it does currently. 3. The Licensee would be responsible for maintenance associated with the carpark 4. The Licensee would have authority to control parking in the carpark, Monday to Friday, (excluding public holidays), between the hours of 6.00am to 6.00pm. 5. At all other times the carpark is to be made available for use by the public at no cost, with signage to indicate that offer. 6. Should the Licensee require the City to enforce parking issues during weekdays, then this is separately negotiated as per arrangements for other private carparks. 7. The Licence will have a condition that should the carpark be required by the City, State or other agency for infrastructure works, such as road widening, the Licence can be cancelled with no compensation to the Licensee. 8. The initial Licence period would be 3 years with 2 x 3 year options to be exercised at the discretion of the City of Subiaco 9. The Licensee is to continue to be responsible, at their cost, to maintain the landscaping currently in place around the car park to the current standard and to the City’ satisfaction 10. The Licence fee to be paid to the City being $25,000pa, paid quarterly, and set for the term with an adjustment for Perth CPI movements at the exercise of each option. 11. Public liability insurance of $10m is required to be held for this site by the The Licence fee has been calculated based on the site containing 47 bays and there being 250 working days (Monday to Friday) less 10 public holidays per year. If a daily fee of $4, as proposed at the 19 April Council meeting is imposed, the gross revenue CITY OF SUBIACO 11 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES for this site is estimated to be $47,000 pa. This is discounted with an 85% occupancy rate, giving revenue of $39,950. As the City isn’t required to provide and maintain ticket machines, provide and maintain line marking or other infrastructure, which is estimated at $10,000pa and there is no compliance and administration costs to manage the site, estimated at $5,000pa, the net revenue could be assumed to be around $25,000. Therefore $25,000 pa is considered reasonable revenue and commercial return for this site. Consultation Consultation has taken place with representatives of the corporate body and they have agreed to the terms of the Licence as outlined above. Strategic Implications Execution of a licence agreement over this site will formalise an arrangement that is not currently supported by any type of tenure or official record ensuring that all parties are aware of the management arrangements going forward. Statutory and Policy Considerations Legal advice has been received that the city is able to enter into a Licence agreement. Legal advice will continue to be sought during preparation of the Licence document to ensure the City’s interests are protected and the content and structure of the licence is lawful. Risk and Asset Implications This option minimises risk to the City by preserving, whilst formalising, the existing operating system and not denying pubic access to the facility when not required by the Licensee. The Licence documents, by securing indemnities, ongoing maintenance of the site, and termination provisions, will further mitigate risk to the City. Financial The Licence fee has been calculated to reflect what would be considered a reasonable net return for this site should $4 per day parking be implemented. Social and Environmental Implications There are no social or environmental implications for this report. Attachment 1. Plan of the site For Information There are no information documents for this report CITY OF SUBIACO 12 E/16/169 28 JUNE 2016 D3 ORDINARY COUNCIL MEETING - MINUTES TENDER A/ 4225 GRAFFITI REMOVAL SERVICE REPORT FROM DIRECTOR DEVELOPMENT SERVICES Author(s): Kelly Sawley, Senior Project Officer Date: 24 May 2016 File Reference: A/4099 Voting Requirements: Simple - more than half elected members present required to vote in favour OFFICER/COMMITTEE RECOMMENDATION/COUNCIL DECISION Moved Cr Arbuckle/seconded Cr Rowe That tender A/4225 for graffiti removal services be awarded to Kleenit Pty Ltd for a period of 12 months commencing 01 August 2016 concluding 31 July, with the option to extend the period of the contract for 2 periods of 12 months, as per the submitted schedule of rates: Year 1 Year 2 Year 3 Fixed Cost Fixed Cost Fixed Cost Price for 6 patrols. $150.00 $160.00 $170.00 Price per fortnight. Removal Treatment. Price per m2 $4.95 $5.25 $5.50 CARRIED ENBLOC 10/0 6.51pm Executive Summary The current three year contract for provision of graffiti removal services expires on the 31 July 2016. The purpose of this report is to consider the outcome of tender A/4225 for the ongoing provision of that service and to award a new contract for a 12 month term effective 1 August 2016, with the option to extend that contract for 2 periods of 12 months subject to ongoing satisfactory performance. Background The Corporate Business Plan commits to maintaining the graffiti removal program which was, in its current form, established in 2005 to achieve the objectives of the Graffiti Reduction Strategy. Development of a tender to appoint a contractor to undertake graffiti removal was made with the initial tender commencing in May 2005 with subsequent tenders having been awarded. The overarching objective of the Graffiti Reduction Strategy is to substantially reduce the amount of graffiti visible in the City of Subiaco. Central to all graffiti strategies is the need to remove graffiti quickly after it is detected with outcomes being the improved appearance of the City, reduced fear of crime, and improved quality of life for residents and visitors. CITY OF SUBIACO 13 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Comment Public tender Tenders were called by advertisement in the West Australian on 16 April 2016 with submissions required by 2.00pm 3 May 2016. A total of ten (10) tenders were received, consisting of eight (8) conforming tenders and two (2) alternative tenders, all of which were considered. Tenders were received from the following companies: • Y Stop • T J Linemarking • Graffiti Systems Australia • The Pressure King • The Pressure King (alternate tender) • Mission Impossible Group Services • JCA Property Maintenance Pty Ltd • Kleenit Pty Ltd • Kleenit Pty Ltd (alternate tender) • Workzone Pty Ltd Specification Respondents were asked to base tender submissions on the specifications included within the tender documentation. In addition to graffiti removal services from private property, the contact includes a requirement for the contractor to patrol the city and proactively detect and remove graffiti. The tender set target times for removal of graffiti within 48 hours, and 24 hours for offensive graffiti. Inspection of hotspots through regular patrolling, rather than waiting for graffiti to be reported, is considered essential to achieving these targets. Submissions were also encouraged to provide additional reporting methods for the public and City staff to inform of graffiti locations, in addition to the traditional hotline number. The price schedule required respondents to provide pricing on graffiti patrols, nominate graffiti treatments and provide a cost per square metre for each treatment. The objective of the program is to reduce the amount of graffiti being removed; consequently lump sum contracts were not favoured. Assessment Criteria The tenders were assessed against qualitative criteria, which included: Selection Criteria Weighting Relevant Experience 30% Skills and Experience of Key Personnel 20% Personnel Management Practices 20% Operational Process 20% Environmental assessment 10% The submission from Kleenit Pty Ltd achieved the highest of the average qualitative scores and ranked the highest amongst all evaluation panel members. The annual cost of having to pay the various patrol and removal rates was assessed using a financial model based on the quantity and distribution of graffiti removals for the 2015 calendar year. Applying the nominated patrol and removal rates offered by each tender, the projected average annual costs inclusive of GST, based on the 2015 calendar year, are detailed in the Confidential Attachment – Tender Price and Ranking Tables. CITY OF SUBIACO 14 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Kleenit Pty Ltd The submission from Kleenit Pty Ltd demonstrated the greatest understanding of the outcome sought by the City and scored the highest in respect to the information provided for assessment of the qualitative criteria. The tender evaluation panel agreed that based on qualitative criteria and value for money Kleenit Pty Ltd presented as the preferred tender with the overall rankings detailed in the Confidential Attachment – Tender Price and Ranking Tables. Consultation and Referrals Not required. Strategic Implications The Corporate Business Plan Strategy 1.2.5 aims to ‘Create and maintain a safe environment for the community’ with the commitment of maintain the graffiti removal program. The performance targets established in the Graffiti Removal Service Contract are reflective of the key objectives contained within the City’s Graffiti Reduction Strategy. Statutory and Policy Considerations Section 3.57 of the Local Government Act 1995 requires that tenders be invited for provision of goods and services where the projected cost exceeds $100,000. This contract allows for a possible extension of 2 years which, if appointed, is expected to exceed the $100,000 threshold. Local Government (functions and General) Regulations 1996 Part 4 outlines the tender process that is to be followed by local governments. Risk and Asset Implications The successful appointment of this contract will ensure that the City continues to actively remove graffiti incidents within the City of Subiaco and within the set target time. If the contract is not awarded or a poor service provider is appointed it could have a negative impact on the City’s reputation and service to the community. Financial The annual spend on the provision of this service varies depending on the number of graffiti removal incidents in any one financial period. The annual estimate, based on the 2015 graffiti removal incidents and calculated removal rates tendered by Kleenit Pty Ltd, is a cost of $65,707 per year. Appointment of this contractor, based on the cost estimates, can be accommodated within the 2016/2017 budget projection. Social and Environmental Implications The successful appointment of this contract will ensure that the City continues to actively remove graffiti incidents within the City of Subiaco with outcomes expected to improve the appearance of the City, reduced fear of crime, and improved quality of life for residents and visitors. Attachment 1. Confidential attachment: Tender Price and Ranking tables (1 Page). For Information There are no information documents for this report. CITY OF SUBIACO 15 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Councillor Hemsley left the chamber at 6.59pm as he had previously declared an interest in item D4. D4 ROSALIE PARK PARKING MANAGEMENT PLAN - CONSULTATION PROCESS REPORT FROM DIRECTOR DEVELOPMENT SERVICES Author: Manager Field Services, Michael Duckett Date: 26 May 2016 File Reference: A/4099 Voting Requirements: Simple - more than half elected members present required to vote in favour OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr Arbuckle/seconded Cr McAllister That the consultation process detailed in this report for the Rosalie Park Parking Management Plan be noted. CARRIED 9/0 7.00pm Executive Summary The purpose of this report is to provide clarity on the consultation process for Council’s resolution number two in the report ‘C6 Rosalie Park Parking Management Plan’ from the meeting on 15 December 2015 as follows: Implementation of paid parking in the following streets be supported in principle, but not proceed until funds are allocated in 2016/17 budget estimates for the acquisition of ticket machines: (a) Onslow Road (Thomas Street to Derby Road) (b) Derby Road (Aberdare Road to Onslow Road) Background At its meeting on 24 March 2015 (Item C11.1), Council endorsed the preparation of a Parking Management Plan for Rosalie Park to achieve seven objectives as defined in the resolution. The requirement for the parking management plan was identified in this report due to ongoing parking issues in the area. In May 2015 an independent parking specialist was appointed to prepare the Parking Management Plan to achieve the stated objectives. The process of preparing the Plan involved consultation with the Rosalie Park Master Plan Working Group, which was active at that time, and included representatives from the Subiaco Junior Football Club, Subiaco Lacross Club, Onslow Park Tennis Club, Rosalie Touch Association, Soccer, Rosalie Park Primary School, and two community representatives. The workshop was conducted to elicit the concerns and suggested solutions of attendees which informed development of the Rosalie Park Parking Management Plan subsequently endorsed by Council on 15 December 2015 (item C6). The Plan contains 16 actions which aim to provide a balance of parking options in the area for both residents and visitors to local facilities such as the sporting fields, school and church. CITY OF SUBIACO 16 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Since endorsement of the Parking Management Plan, concerns have been raised by some members of the community, particularly with regard to the implementation of paid parking in Onslow Road (Thomas Street to Derby Road) and Derby Road (Aberdare Road to Onslow Road). Concerns have been raised from the school community regarding the ease of access for school drop offs and pickups and whether parents would be required to pay for parking associated with their attendance at school based activities and functions. This report provides information about the future consultation process which has been designed to address the requirements of Council Policy 8.1 regarding consultation prior to the implementation of any changes to a parking restriction. Comment Since the Council resolution of 15 December 2015, there has been some community concern that implementation of these changes will occur without prior notice to the adjoining property owners and organisations. The City of Subiaco’s Policy 8.1, relating to parking controls, requires residents of properties affected by the change to be surveyed for their views prior to any change being implemented. Whilst the policy only specifies residents, the city’s standard process ensures this notification is extended to all adjoining properties being residential, business or other. The Rosalie Park Parking Management Plan presented to Council is silent on this process and this is thought to have added to concerns communicated by some members of the community. It should be noted, that the Rosalie Park Parking Management Plan does not override or negate the Council’s Policy 8.1. The presentation of this consultation process is to provide documented clarity to all users on how consultation will proceed. The process of preparing the Rosalie Park Parking Management Plan involved consultation with community representatives of the Rosalie Park Master Plan Working Group (RPMPWG). However, it has been identified that a further meeting to inform this Group of the recommendations resulting from their feedback did not occur and the clarity of the final feedback could have been improved prior to presentation of the plan to Council. The consultation process proposes a minimum of two workshops with the RPMPWG which will be facilitated by the independent parking specialist who facilitated the workshop in 2015 and wrote the Parking Management Plan. The workshops will provide attendees the opportunity to revisit the objectives of the parking management plan, discuss the relevant recommendation and provide feedback on the plan. It is intended that the meetings take place in July 2016, following which the second stage of consultation will commence with the broader community including residents, businesses, the school and church community, and users of Rosalie Park. The community will be advised of the consultation via a number of different methods including: • Forums with the RPMPW Group, including representatives for the Rosalie Primary School and Parents and Citizens (P&C). The school will also be offered the opportunity of having a separate forum. • Advertising through the city’s communication channels during the consultation period (Subiaco Scene in the Post Newspaper, Talk about Subi community newsletter, Facebook, website, and letter drop to the area). CITY OF SUBIACO 17 E/16/169 28 JUNE 2016 • • ORDINARY COUNCIL MEETING - MINUTES Information and invitations to provide feedback through community communication channels such as sporting club websites, school newsletters, and church bulletins. It should be noted that this requires the agreement of those organisations to include such information in their communications. Two community drop-in sessions will be hosted within the consultation period providing community members with the opportunity to view the Plan and discuss the changes with city officers and parking specialists. Community members will be able to provide feedback via a questionnaire on the city’s online community engagement hub, Have your say Subiaco, as well as by hard copy questionnaire. The consultation process has been developed to enable its replication for consulting with adjoining land users on stage 2, being the proposal to implement paid parking Onslow Road (Derby Road to Herbert Road) and Derby Road (Onslow Road to Keightley Road). It is anticipated that the outcome of this consultation will also assist in the review of the city’s Policy 8.1 relating to consultation on parking controls which currently requires a lesser level of consultation than that expected by the community. Consultation The process of preparing the Rosalie Park Parking Management Plan included consultation with the Rosalie Park Master Plan Working Group. This report details the consultation process for one of the actions endorsed in the Rosalie Parking Management Plan. When the public consultation period concludes all submissions will be considered and a report prepared for Council. If changes are recommended which vary from the endorsed recommendations, they will be identified and Council may need to determine whether the Plan requires modification prior to implementation. Strategic Implications A successful Parking Management Plan for Rosalie Park contributes to focus areas two and five of the Strategic Community Plan; these being to provide a wide range of well used parks, open spaces and public space and an effective parking system that is accessible to all users. The endorsed Rosalie Park Parking Management Plan further supports objectives defined in the Parking Strategy 2012-2016, such as 3.5, 1.2 and 1.8. Statutory and Policy Considerations The City of Subiaco Policy 8.1 relating to parking controls requires residents of properties, which would be affected by the change, to be notified. Whilst the policy only specifies residents, standard process ensures this notification is extended to all adjoining properties being residential, business or other. It is anticipated that the outcome of this consultation process will also inform the review of Policy 8.1 which currently identifies a lesser level of consultation than that routinely undertaken in these matters. CITY OF SUBIACO 18 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Risk and Asset Implications It is noted that a level of parking conflict in and around Rosalie Park has been ongoing. The endorsed Rosalie Park Parking Management Plan provides tailored solutions to these parking conflicts and is designed to provide equitable and sustainable access for users of this space. The city acknowledges that ineffective or inappropriate consultation counterproductive and decreases community confidence in consultation. is Financial Community consultation costs for preparation and distribution of material is accommodated in the current budget allocation for Parking Studies. The attendance of independent parking specialist at key stakeholder and drop-in sessions is considered beneficial for both the city and the community and is estimated at $12,000. Social and Environmental Implications Implementation of the endorsed recommendations contained within the Rosalie Park Parking Management Plan will provide access options to visitors and users of this space, reduce the impact on residential amenity in the surrounding street, and enhance safety and disability parking options. It is important that clarity on the purpose and detail of the endorsed recommendations of the Rosalie Park Parking Management Plan are communicated with users of this space to prevent confusion and concern. Attachment/s There are no attachments for this report For Information 1. Rosalie Park Parking Management Plan dated 3 December 2015 (22 pages). CITY OF SUBIACO 19 E/16/169 28 JUNE 2016 D5 ORDINARY COUNCIL MEETING - MINUTES NOMINATION TO INCLUDE RESERVE 20246, INCORPORATING THE DAGLISH TENNIS CLUB, ON THE TOWN PLANNING SCHEME HERITAGE LIST REPORT FROM MANAGER PLANNING SERVICES Author: Coordinator Heritage and Projects, Sofia Boranga Date: 6 May 2016 File Reference: A/4020 Voting Requirements: Simple - more than half elected members present required to vote in favour OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr Arbuckle/seconded Cr Rowe That Council: 1. Note that the place was nominated for inclusion on the Local Government Inventory and Town Planning Scheme Heritage List by the treasurer of the Daglish Tennis Club. 2. Note that the city received seventeen submissions in favour of the proposal. 3. In accordance with section 45 of the Heritage of Western Australia Act 1990 and Schedule 2, Part 3, Clause 8 of Planning and Development (Local Planning Schemes) Regulations 2015 include Reserve 20246, which includes the Daglish Tennis Club, on the Local Government Inventory and the Town Planning Scheme Heritage List with the classification of ‘some significance’ (level 3). CARRIED ENBLOC 10/0 6.51pm Background The purpose of this report is to recommend that Council include Reserve 20246, incorporating the Daglish Tennis Club, on the Local Government Inventory and Town Planning Scheme Heritage List. The place was nominated for inclusion by the treasurer of the Daglish Tennis Club, Jude Rowohlt. An assessment of the heritage values of the place, undertaken as a result of the nomination received on 5 February 2016, has identified the place as being of some significance (level 3) to the city. Council policy is that places of some significance can be considered for listing on the Town Planning Scheme Heritage List. Reserve 20246 is a Class A Reserve and as such requires approval from parliament to amend the reserves purpose or area. The proposed heritage listing will not impact on the city’s ability to manage the playground and landscape maintenance, renewal and replacement. Comment The heritage assessment of the place was undertaken in accordance with best practice criteria developed by the Heritage Council of Western Australia as outlined in Planning Policy 3.5 Assessment of cultural heritage significance. A full copy of the assessment is included as attachment 1. The heritage assessment identifies the place as being of ‘some significance’ (level 3) within the context of the City of Subiaco. The built fabric of the tennis club, constructed CITY OF SUBIACO 20 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES mainly in the 1980s, is of little value however the significance lies in its social value to the local community and its historic value as an important characteristic demonstrating garden suburb principles of areas of green parkland within a residential development. The place is not considered rare as an example of a small suburban tennis club and an associated park, as these are relatively common in Perth. However, the integrity of the place is high as it continues to be used for its original purpose. The level of authenticity is considered low to moderate. The place is representative of small clubs in the metropolitan area which provide an opportunity for residents to gather and share an interest. The first land released for residential sale in Daglish was in 1925 and comprised the strip of land alongside the railway line. The design of the new subdivision followed the principals of the ‘Garden City Movement’ initiated in the late 19th century in the United Kingdom which found expression in Perth predominantly in the Inter War years. A significant element of the garden suburb ethos was the provision of parks and gardens and the reserve at Hickey Avenue can be seen to be part of the original 1925 design. The recreation reserve was formally gazetted on 27th September 1929 and it was allocated for use by the newly formed Tennis Club in 1930 in response to a request from a small number of rate payers in Daglish. The club was formally opened on 21 March 1931 by the Mayor of Subiaco, Mr G. H. Olney who stated “it gave him great pleasure to have the privilege of opening the courts of a district popularly regarded as one of the model suburbs of the metropolitan area”. Daglish Tennis Club and the associated Reserve 20246, is of cultural heritage significance: • The overall park design demonstrates the characteristics of the garden suburb principles of small areas of green parkland within a residential development. • The park including the recent play equipment and large trees is valued by the local community for its provision of play space in the community. • The Daglish Tennis Club is a good example of a small tennis club in a residential setting serving the local community. • The place is valued by the club members and the wider community for its provision of services and facilities since 1930 and as location of many community gatherings. • The cork tree is an unusual example of the species in the metropolitan area. The Cork Tree is listed on the city’s Significant Parks Tree Register and its identification in the heritage assessment as an unusual example of the species found in the metropolitan area will assist in its conservation into the future. Consultation Consultation was undertaken as required under Schedule 2, Part 3 of the Planning and Development (Local Planning Schemes) Regulations 2015 and in accordance with section 4.2 of Policy 3.1 ‘Additions and amendments to the Local Government Inventory and Scheme Register of Places of Cultural Heritage Significance’. CITY OF SUBIACO 21 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES The city received 17 submissions all of which are in favour of the proposal. A schedule of submissions is included as Attachment 3 to this report and full copies of the submissions are available to Elected Members for viewing as an information document. Internal consultation was also undertaken with the city’s Operations and Environment Services as they are responsible for the maintenance and upkeep of the reserve. They have advised that as the proposed heritage listing will not impact on the city’s ability to manage the playground and landscapes’ maintenance, renewal and replacement they have no concerns with the proposal. Strategic Implications The responsible maintenance of the Local Government Inventory and Town Planning Scheme Heritage List gives Council the tools that it needs to assist in its decision making. The conservation of the city’s heritage requires careful consideration and appropriate provisions to ensure that future generations can also enjoy this. The proposal is consistent with strategy no.’s 4.1.1 and 4.1.2 of the Strategic Community Plan. Statutory and Policy Considerations Section 45(1) of the Heritage of Western Australia Act 1990 requires that a local government compile and maintain an inventory of buildings (places) within its district which, in its opinion, are or may become of cultural heritage significance. Section 45(2) requires that this inventory is updated annually and reviewed every four years after completion. State Planning Policy 3.5 Historic Heritage Conservation recommends measures for local governments to identify and protect heritage places and areas that are important to local communities. A Local Government Inventory may be used to compile a heritage list under a Local Planning Scheme (eg TPS4) and the Council may elect to include some or all of those places on its heritage list. Planning Policy 3.5 Assessment of Cultural Heritage Significance outlines the criteria to be used in assessing the cultural heritage significance of places and allows for places identified as having ‘some significance’ (level 3) to be referred to Council for consideration for inclusion on the Heritage List. Schedule 2, Part 3, Clause 8 of Planning and Development (Local Planning Schemes) Regulations 2015 requires the Council to establish a Heritage List to identify places within the Scheme area that are of cultural heritage significance and worthy of conservation. Risk and Asset Implications There are no risks associated with the recommendation. Financial There are no financial implications for this report. Social and Environmental Implications There are no social or environmental implications for this report. CITY OF SUBIACO 22 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Attachments 1. Nomination for heritage listing (1 page) 2. Heritage assessment (16 pages) 3. Schedule of submissions (1 page) For Information 1. Full copies of submissions (17 pages) CITY OF SUBIACO 23 E/16/169 28 JUNE 2016 D6 ORDINARY COUNCIL MEETING - MINUTES DRAFT LOCAL PLANNING SCHEME NO.5 – SUMMARY OF PREVIOUS REPORTS TO COUNCIL REPORT FROM MANAGER PLANNING SERVICES Author: David Milliken, Manager Planning Date: 14 June 2016 File Reference: A/4099 Voting Requirements: Simple - more than half elected members present required to vote in favour OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr Arbuckle/seconded Cr Rowe That Council: 1. Note that Town Planning Scheme 5 will be drafted in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015; 2. Note that the Planning and Development (Local Planning Schemes) Regulations 2015 contain Deemed Provisions which are now automatically read into all town planning Schemes and relate to the following matters: (a) Preliminaries; (b) Local Planning Framework; (c) Local Planning Policies; (d) Heritage Protection; (e) Structure, Activity Centre, and Local Development Plans; (f) Requirement for development approval; (g) Applications for development Approval; (h) Procedure for dealing with applications for development approval; (i) Enforcement and Administration; and (j) Forms referred to in the Scheme. 3. Note that although many provisions are now ‘deemed,’ substantial areas of the new Scheme will still be developed by the City, including: (a) Reserves; (b) Zones, Use Classes, Permissibility, and other land use matters; (c) Development Requirements; Further reports will be presented on these matters during the preparation of Local Planning Scheme 5. 4. Note that the content and information contained in these reports will be incorporated into draft Local Planning Scheme No.5 following a review of the information to ensure that it is written in a format consistent with the Planning and Development (Local Planning Schemes) Regulations 2015. CARRIED ENBLOC 10/0 6.51pm Executive Summary From August 2013 to November 2013, Council considered a series of reports for the preparation of draft Local Planning Scheme No.5. These reports established principles for the review of the draft Scheme in accordance with the Model Scheme Text under Town Planning Regulations 1967. These reports are included in the Minutes of Council meetings from August to November, 2013. CITY OF SUBIACO 24 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES In October 2015, the Town Planning Regulations 1967 and associated Model Scheme Text were replaced by the Planning and Development (Local Planning Schemes) Regulations 2015. This report has been prepared to summarise the suite of reports presented to Council in 2013 and to advise on the way forward in regards to reviewing the Scheme under the new planning regulations. Background Having taken effect on 19th October 2015, the new Planning and Development (Local Planning Schemes) Regulations 2015 replace the longstanding Town Planning Regulations 1967 and update the associated Model Scheme Text. The key areas of the new regulations include the following: 1. Regulations that cover local planning schemes, local planning strategies, and local planning scheme amendments. 2. A new Model Scheme Text for local planning schemes (Schedule 1). 3. Deemed provisions for procedural matters in local planning schemes, including local structure plans (Schedule 2). 4. Introduction of timeframes for WAPC processes, including review of Local Planning Schemes and Structure Plans. Between August and November 2013, officers prepared a series of reports for consideration by Council in the preparation of draft Local Planning Scheme No.5. These reports established principles for the review of the draft Scheme in accordance with the Model Scheme Text under Town Planning Regulations 1967. Due to changes to the planning framework which has occurred with the implementation of the new regulations, some elements of those reports have now been replaced with Deemed Provisions. This report summarises the suite of reports prepared in 2013, advised what elements are now ‘Deemed,’ and confirms where further work is required. Comment A schedule of the reports prepared in 2013 and their recommendations for LPS5 in accordance with the new regulations is listed in the table below. Report and Scheme Element Scheme format and consideration of principles for inclusion in Part 1 Comment Action Purpose of the report was to set the format for the new Scheme, in accordance with the Model Scheme Text. The new regulations change the format as many requirements are now contained in the Deemed Provisions of the Regulations. Part 2 of the officer recommendation updates this. Endorsement of a Purpose of the report was to local area planning apply principles in regards to a approach and draft local area planning approach. local planning areas The local area planning approach remains valid. Designated local areas for QEII, CITY OF SUBIACO 25 Officer recommendation to this report provides the appropriate update. No action necessary. Note that 3 of the identified local planning areas will transfer to the City of Perth. From 1 July, the City of E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Hollywood and Crawley will no longer be necessary as they fall within the City of Perth from 1 July 2016 Consideration of Purpose of the report is to principles for part 8 advise Council on the type of including development which is permitted development without the need to obtain permitted without planning approval. planning approval Officers intend to prepare a report to Council in the second half of 2016 which discussed zones, use classes and permissibility’s. The need for planning approval will also be reviewed in that report. Consideration of a Purpose of report was to set a Policy Numbering new planning policy numbering System system. This has no effect on the review of the TPS and is still valid. Consideration of Purpose of this report is to principles for part 2 outline the local planning policy local planning policy framework required under draft framework LPS5. Content in the report remains valid. The policy framework is now a Deemed Provision. Precinct planning Purpose of this report is for policy review Council to consider broad principles in the review of precinct planning policies relating to draft LPS5. The principles remain valid. Three local planning areas will have transferred to the City of Perth. Consideration of Purpose of this report was to principles for part 3 identify provisions for Reserves reserves (Part 3). Whilst the content remains valid, Reserves are now included as Part 2 of Schemes under the Model Provisions. Consideration of Purpose of this report was to planning issues and consider principles to inform the principles relating to future level of planning control short stay dwellings for short stay accommodation. Content in the report remains valid and will be further reviewed in the forthcoming report on Zones, Use Classes, CITY OF SUBIACO 26 Perth will administer TPS4 in this area until it is included in the City of Perth scheme. A report will be prepared in the second half of 2016 that further refines the principles for this topic. No action necessary Officer recommendation to this report provides the appropriate update. No action necessary, the Precinct Policies will be reviewed in due course. Note that 3 of the identified local planning areas will transfer to the City of Perth. Officer recommendation to this report provides the appropriate update. A report will be prepared in the second half of 2016 that further refines the principles for this topic. E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES and Permissibility. Consideration of principles for part 11 enforcement and administration Purpose of this report is to Officer recommendation to consider the matter of this report provides the enforcement and administration appropriate update. under draft LPS5. This is now included in the deemed provisions. Consideration of principles for part 9 applications for planning approval Officer recommendation to this report provides the appropriate update. Purpose of this report is to consider matters relating to planning approval under draft LPS5. This is now included in the deemed provisions. Consideration of The purpose of this report is to principles for part 10 consider matters relating to the procedure for dealing procedure of planning with applications applications for draft LPS5. This is now included in the deemed provisions. Officer recommendation to this report provides the appropriate update. Internal referrals This report was not required to be referred internally. Consultation No consultation was undertaken or required for this report. Strategic Implications The review of the City’s Town Planning Scheme will have significant strategic implications for land use and development within the City of Subiaco. The Officer recommendation to this report provides the appropriate updates to enable the review of the Scheme to proceed in line with the new Regulations. The Town Planning Scheme Review is consistent with the objectives and strategies of the Strategic Community Plan and Corporate Business Plan especially strategies and actions relating to focus area four - the built environment. Statutory and Policy Considerations The review of the City’s Town Planning Scheme will have significant statutory and policy implications for the City of Subiaco. The Planning and Development (Local Planning Schemes) Regulations 2015 requires that planning schemes that were more than five years old at the date of gazettal of the Regulations are reviewed within 2 years of that date (i.e., October 2017). Risk and Asset Implications There are no risk and asset implications for this report. CITY OF SUBIACO 27 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Financial There are no financial implications linked to this report. Social and Environmental Implications There are no social and environmental implications to this report. Attachments Nil For Information There are no information documents for this report. Councillor Hemsley returned to the chamber at 7.00pm. CITY OF SUBIACO 28 E/16/169 28 JUNE 2016 D7 ORDINARY COUNCIL MEETING - MINUTES REPORT FOR FINAL ADOPTION AND OUTCOME OF ADVERTISING – PROPOSED SCHEME AMENDMENT NO. 28 – RECODING OF VARIOUS PROPERTIES ON CUNNINGHAM TERRACE, STUBBS TERRACE AND LUTH AVENUE, DAGLISH FROM ‘RESIDENTIAL R15’ TO ‘RESIDENTIAL R25’ REPORT FROM MANAGER PLANNING SERVICES Author: Aaron Augustson, Senior Statutory Planning Officer Date: 14 June 2016 File Reference: A/3857 Voting Requirements: Simple - more than half elected members present required to vote in favour OFFICER/COMMITTEE RECOMMENDATION/COUNCIL DECISION Moved Cr Stroud/seconded Cr Hemsley That Council: 1. Note the submissions received as detailed in this report and Attachment 2; 2. Resolve pursuant to Section 75 of the Planning and Development Act 2005 and Regulation 41(3) of the Planning and Development (Local Planning Schemes) Regulations 2015, to support the amendment for final approval in accordance with the amendment documents forming Attachment 1 of this report, relating to Scheme Amendment No. 28 to City of Subiaco Town Planning Scheme No. 4 and with the following modifications: a) In addition to the list of recorded properties set out in Attachment 1, the following additional properties being recoded ‘Residential R15’ to ‘Residential R25’; i. Lots 1 & 2 on SP36714, lots 1 & 2 of SP36714, lots 115, 116, 184 & 185 Stubbs Terrace; ii. Lots 1 & 2 on SP28623, lots 378, 431, 433 and 434 Lonnie Street; iii. Lots 1 & 2 of SP25983, lots 1, 51, 52, 380, 381, 384, 385, 386, 387, 390, 391 and 392 Nash Street; iv. Lots 1, 2 & 3 on SP 21861, lots 1 & 2 on SP32807, lots 2, 5, 6, 398,, 399, 401, 402, 403, 408, 409, 410, 411 and 412 Nicholls Street; v. Lots 1, 88, 89, 90, 91, 92, 93, 418, 419 and 420 Luth Avenue; vi. Lots 1 & 2 on SP 7219, lots 1 & 2 on SP7036, lots 190 and 192 Cunningham Terrace; vii. Lot 430 Selby Street; and, viii. Lots 187, 188, 191, 193, 300 and 301 Troy Terrace, Daglish. 3. Amend the scheme map(s) accordingly; 4. Authorise the Mayor and Chief Executive Officer to execute the relevant documentation and affix the common seal of the City of Subiaco on the documentation; and Cont./ CITY OF SUBIACO 29 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES 5. Request the Minister for Planning to grant final consent to Scheme Amendment No. 28 to City of Subiaco Town Planning Scheme No. 4 as referred to in (2) above. AS THERE WAS AN EQUALITY OF VOTE, 5 FOR AND 5 AGAINST, THE MAYOR USED THE CASTING VOTE TO VOTE FOR THE COMMITTEE RECOMMENDATION 6/5 CRS MCALLISTER, CLEMENTS, ROWE, ARBUCKLE AND MUMMERY VOTED AGAINST 7.33pm Executive Summary The City received an amendment request on 16 March 2015 proposing the recoding of 23 lots in the south western corner of the Daglish Precinct, around Stubbs Terrace, Cunningham Terrace and Luth Avenue from ‘Residential R15’ to ‘Residential R25’. Council initiated the amendment for the purpose of public consultation at its meeting of 28 July 2015. The amendment also proposes minor changes to Table 1 – Zoning table and clause 42 of Town Planning Scheme No. 4 (TPS4) to align the development requirements of TPS4 for properties coded R25 with the R15 and R20 codes. Public consultation of the proposed amendment has now concluded and the purpose of this report is to advise Council of this outcome. Council may then resolve to adopt the amendment, adopt the amendment with modifications of not adopt the amendment. A number of submissions received by the City expressed a desire for the amendment area to be expanded and/or the density code applied to be increased. City officers have investigated a wider area in which the amendment could apply, resulting in a re-coding of the balance of the area of Sub-Precinct 1, south of Charles Stokes and Cliff Sadlier Reserve, Daglish, as defined by Local Planning Policy 4.2 – Daglish Precinct, being included. The amendment will allow for a further 53 lots being theoretically capable of redevelopment at the R25 code and assist in achieving the dwelling targets established as part of the City’s Local Planning Strategy 2013 (LPS) and the Western Australian Planning Commissions (WAPC) draft Perth and Peel @ 3.5 million document. It is noted that the amendment includes areas outside the ‘targeted growth areas’ identified by the LPS. It is recommended that the Council adopt the amendment subject to the modifications described above, which expand the area covered by the city amendment. Background The City received an amendment request on behalf of the owner of Lot 396 (No. 7) Cunningham Terrace, Daglish on 16 March 2015. The Scheme Amendment request proposed to recode 22 lots located in the south-western portion of sub-precinct 1 of the Daglish Precinct from ‘Residential R15’ to ‘Residential R25’. These 22 lots are identified in the map below. CITY OF SUBIACO 30 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Council considered the matter at the Development Services Committee meeting of 26 May 2015 and further at the Ordinary Council meeting of 28 July 2015 and resolved to initiate the amendment for the purpose of public consultation. The relevant amendment documents are included in this report at Attachment 1. The purpose of this report is to outline the outcomes of the public advertising period for proposed scheme amendment No. 28 and to provide Council with the details of the proposed modifications to the amendment based upon the comments received and further investigation by City officers. It is then for Council to consider whether to; • Support the Scheme Amendment without modifications; • Support the Scheme Amendment with modifications; or • Not to support the Scheme Amendment. Site Context The lots subject to the application to amend the Scheme are located in between Cliff Sadlier Memorial Park to the north/north-west, Charles Stokes Reserve to the west and the railway reserve for the Fremantle-Perth railway line to the south-east. These lots range in size from 302m2 to 916m2. The area is mixed in terms of architectural styles comprising federation and interwar bungalows and contemporary style suburban dwellings. Building heights are predominantly single storey as viewed from the street and two of the subject lots have been subdivided. Notwithstanding the area is low density and consistent in scale. There are no properties with identified heritage significance. Within the wider surrounding area, in the area bound generally by Lonnie Street, Stubbs Terrace, Charles Stokes Reserve, Millington Avenue, and Troy Terrace, there are 83 properties zoned Residential R15. This area consists of the portion of SubPrecinct 1 south of Charles Stokes and Cliff Sadlier Reserve, Daglish, as defined by Local Planning Policy 4.2 – Daglish Precinct. The subdivision pattern is consistent with lot sizes predominantly ranging from 600m to 900m and lot frontages being between 15m and 20m. Development in this area comprises contemporary suburban dwellings that are predominantly low density and consistent in scale. CITY OF SUBIACO 31 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES In October 2015 the City was advised by the Minister for Planning that a previous amendment (scheme amendment 27) applicable to a number of properties on Troy Terrace, Stubbs Terrace, Cunningham Terrace and Luth Avenue was not supported. This included rezoning these properties from ‘Residential R15’ to ‘Residential R20’. On 28 July 2015, Council resolved to initiate scheme amendment 28 in so far as; ‘That the Council, in pursuance of Section 75 of the Planning and Development Act 2005: 1. Initiate the proposed Scheme Amendment to the City of Subiaco Town Planning Scheme No. 4 as follows: (a) recode lots 1 and 2 on S/P: 16937, 2 and 3 on S/P 91495394, 396-7, 413, 415-7, 172, 174, 176, 178, 300-1, Cunningham Terrace; 171, 173, 175, and 177 and 1 on S/P 25667 Stubbs Terrace; and 2 on S/P: 25667 Luth Avenue from 'Residential R15' to 'Residential R25' and amend the scheme map accordingly; (b) Amend column 2 of the Table 1 - zoning table to include “R25” following “Residential R15 and R20”; and (c) Amend Clause 42(1) and Clause 42(1)(a) to include “R25” and read as follows: "(1) Residential Zone: R Code Density R15, and R20 and R25 (a) Notwithstanding any provisions of the Residential Design Codes to the contrary, buildings on land within the Residential Zone having an R Code density of R15 or ,R20 or R25 shall not exceed 6.5 metres overall height and 3.6 metres wall height". 2. Advise the applicant that the relevant Scheme Amendment Documentation is to be prepared; 3. Authorise the Mayor and Chief Executive Officer to execute the relevant Scheme Amendment Documentation; 4. Note that the subject Town Planning Scheme Amendment will be submitted to the Environmental Protection Authority requesting assessment prior to commencing public consultation; 5. Note that the Town Planning Scheme Amendment will be submitted to the Western Australian Planning Commission for information; and 6. That upon receipt of the environmental assessment from the Environmental Protection Authority, the amendment be advertised for a period of not less than 42 days in accordance with the Town Planning Regulations, 1967.’ The proposal was advertised as per the above resolution (see ‘Consultation’ section of this report). Consultation and Referrals Advice of Western Australian Planning Commission (WAPC) The amendment was forwarded to the Western Australian Planning Commission (WAPC) prior to public consultation commencing. The WAPC advised that the amendment would be considered a ‘complex’ amendment for the purpose of the Regulations. CITY OF SUBIACO 32 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Advice of Environmental Protection Authority The proposed amendment was forwarded to the EPA for advice prior to commencing advertising. On 5 October 2015 the EPA advised that there was no advice relevant to the proposal. Public consultation Following receipt of advice from the Environmental Protection Authority, Scheme Amendment No. 28 was advertised for a period of 68 days between Friday 19 February 2016 and Tuesday 28 April 2016. The following was undertaken as part of the public advertising: • Notifications letters were sent to relevant state government and service agencies, adjoining local governments and industry stakeholders (planning consultancies, architects and building companies); • Details of the proposal were provided on the City's website; • A notice regarding the amendment was displayed at the City's administration centre and copies of the Scheme Amendment report were available for viewing at both the administration centre and the library; • Signage was erected on site; and, • Notice of the Scheme Amendment proposal was given in The Post newspaper. A total of 46 submissions were received during the consultation period of which: • 27 supported the proposal; and, • 19 raised objections to the amendment. A number of key trends appeared throughout the submissions including: • Nine submissions which proposed the idea of widening the subject area to include more lots, in particular those included in Scheme Amendment No. 27 and south of Cliff Sadlier Memorial Park; • Two submissions raised the idea of increasing the proposed R25 zoning to R30 to allow an additional 40 properties, while allowing new dwellings to take advantage of the proximity to the railway stations; and, • Nine of the 19 objections opposed Scheme Amendment No. 28 due to the impacts the proposed zoning would have on the existing character of the site. A full schedule of submissions is included as Attachment 2 to this report. Comment City of Subiaco Local Planning Strategy 2013 The City’s endorsed Local Planning Strategy (LPS) identifies the need to provide 3,600 new dwellings by 2031. The recent draft Perth and Peel @ 3.5 million document advertised by the WAPC increases this target to 6,200 dwellings. To date, these figures have yet to be adjusted to account for the impact of the City of Perth Act 2016. Specifically, more intensive residential development is promoted within and around nominated areas identified in the LPS, including, within and around railway stations (nominally 400m walkable catchments). The lots forming part of the amendment proposal (as advertised) are within a 400m-800m catchment of both Shenton Park and Daglish railway stations. The high frequency circle route bus runs along Selby Street, and Route 27 runs along Nash Street. CITY OF SUBIACO 33 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Proposed density coding In the report to the Development Services Committee meeting of 26 May 2015, officers provided the following advice: • The amendment proposed infill outside the areas identified by the City’s LPS as areas of ‘targeted infill’; • The amendment could result in 16-19 further lots being created within the amendment area at the R25 code; and, • Staff did not support the amendment on the basis of the previous Ministerial decision to refuse proposed scheme amendment 27 and the proposal does not accord specifically with the LPS. However Council resolved to initiate the amendment. A density code of R25 is considered a good fit for the area, as it supports a modest increase in dwellings, whilst not affecting the character of the area. Expansion of amendment area Having regard to the above, City officers investigated the potential of expanding the area over which the amendment could apply. This area of investigation consists of the portion of Sub-Precinct 1 south of Charles Stokes and Cliff Sadlier Reserve, Daglish, as defined by Local Planning Policy 4.2 – Daglish Precinct (the expanded scheme area). The map below specifies the lots within the expanded area: At the R25 code, it is likely the form of future development would be exclusively Single House and Grouped Dwelling developments. There are 73 identified ‘parent lots’ within the possible expanded scheme amendment area. (Note: this includes the lots that are already subdivided into two or more dwellings being counted as one lot.) Of these 73 lots, 20 lots have either been subdivided or are developed for nonresidential purposes (eg No. 7 Nash Street, Daglish is a Child Care centre). This leaves 53 lots potentially capable of further development subject to normal lot size, heritage, CITY OF SUBIACO 34 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES built form and frontage criteria. Again, the R25 code is considered a good fit as it supports a modest increase in dwellings, whilst not affecting the character of the area. As noted above the submissions received during the public consultation period expressed a desire for the amendment area to be expanded and/or the density code applied to be increased. It is recommended that the area affected by the amendment be expanded to include the whole area outlined above and the scheme amendment documents updated for the following reasons; • The proposed dwelling yield of up to 53 dwellings assists in achieving the City’s dwelling targets established in the draft Perth and Peel @ 3.5 million document; • While outside the 400m catchments of Shenton Park and Daglish railway stations established under the adopted LPS, the amendment will facilitate modest development within a 400-800m catchment of these two railway stations; • The resulting development form of Single Houses and Grouped Dwellings, likely in battle-axe configurations, is reflective of the existing form of development within the south western portion of Daglish. It is noted that the amendment, both as originally proposed and as expanded, does not meet the provisions of the City’s LPS in that it proposes infill outside the established 400m walkable catchments to railway stations. Station Precinct Heritage Surveys Prior to undertaking formal consultation for this amendment, preliminary heritage surveys were undertaken in station precincts, which included a small section of the Scheme Amendment No. 28 expansion area, between Luth and Millington Avenues. These surveys sought to ensure that heritage considerations are taken into account when planning for future development in these areas. The potential rezoning of these lots to R25 can be achieved with no impact on the potential consideration of heritage value (5 of the 15 parent lots have already been subdivided). For further information refer to item D8 of the Council meeting held on 19 April 2016. Having regard to the above, on balance, it is recommended Council adopt the amendment subject to modifications to include the lots identified in the expanded amendment area as a minor modification. Strategic Implications For reasons outlined in the comment section of this report, the proposed amendment has bearing on whether the City’s achieves established density infill targets. It is noted that the amendment includes areas outside the ‘targeted growth areas’ identified by the LPS. Statutory and Policy Considerations Part 5 (Division 2) of the Regulations sets out the process for complex scheme amendments. The City is required to consider the proposal within a period of not more than 90 days from the end of the consultation period. Risk and Asset Implications There are no risk and asset implications for this report. CITY OF SUBIACO 35 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Financial There are no financial implications for this report. Social and Environmental Implications There are no financial, social or environmental implications as a result of the recommendations of this report. Attachments 1. Scheme Amendment No. 28 report as advertised 2. Schedule of Submissions For Information There are no items for information relating to this report. CITY OF SUBIACO 36 E/16/169 28 JUNE 2016 D8 ORDINARY COUNCIL MEETING - MINUTES DRAFT LOCAL PLANNING POLICY 2.27 – LAND USE IN THE TOWN CENTRE ZONE – CONSENT TO ADVERTISE REPORT FROM MANAGER PLANNING SERVICES Author: Aaron Augustson, Senior Statutory Planning Officer Date: 14 June 2016 File Reference: A/4099 Voting Requirements: Simple - more than half elected members present required to vote in favour OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr Arbuckle/seconded Cr Rowe That Council, in accordance with the provisions of Schedule 2, clause 4 of the Planning and Development (Local Planning Schemes) Regulations 2015: 1. Adopt the draft local planning policy 2.27 ‘Land use in the Town Centre zone’ published in attachment 1 for the purpose of public advertising; 2. Advertise the draft local planning policy 2.27 ‘Land use in the Town Centre zone’ for public comment for a period of not less than twenty one days; and 3. Following completion of the public comment period, receive a further report detailing the outcomes of the advertising period, including any submissions received, for consideration. CARRIED 10/0 7.39pm Executive Summary The City is keen to support the establishment of new businesses in the town centre, and wishes to reduce barriers (perceived or otherwise) to businesses starting up, or relocating to, Subiaco. The City’s Town Planning Scheme No. 4 (the Scheme) specifies that a number of uses are ‘permitted’ uses within the Town Centre zone when all scheme requirements are met. Very rarely does a proposal for an existing building meet all scheme requirements meaning a change of use application is often required regardless of how appropriate the use is within the Town Centre zone. Oftentimes, the application considers a shortfall of parking for an existing building where additional parking cannot be provided on site, and where sufficient public parking is located nearby. The purpose of this report is to initiate advertising of a local planning policy that will exempt the need for planning approval of certain uses within the Town Centre zone; this includes uses such as Shops, Offices, Consulting Rooms and Small Bars. The intent of the policy is to encourage economic activity in the Town Centre zone by reducing regulatory costs and providing greater certainty to landowners and tenants. The policy does not exempt the need to comply with other legislation, such as that relating to noise, food handling, universal access and liquor licensing. Such policy provisions are now possible in certain circumstances under the Planning and Development (Local Planning Schemes) Regulations 2015. It is recommended that the council adopt the policy for the purpose of public consultation. CITY OF SUBIACO 37 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Background As part of the Scheme Review, the City is required to review and update its local planning policies. It is also good planning practice to review policies regularly, ideally every two years. This process includes the updating of policies in order to respond to changes in the city’s planning framework and the broader statutory environment, most notably the gazettal of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations) in October 2015. A part of the City’s overall review of its planning framework is to recognise changes to economic conditions and expectations of land use control. The Town Centre zone and surrounds are the central drivers of economic activity within the City of Subiaco. It is important that the City’s town planning framework reflects the changing nature of land use demand and does not inhibit the economic growth within the town centre. Rather, it is important that the planning framework supports economic growth and develops a town centre which is an attractive place to do business, The City as whole is investigating ways to encourage economic activity within the Town Centre without compromising amenity, and this initiative has been identified as assisting in achieving that outcome. The Regulations include a series of ‘deemed provisions’ which are automatically adopted under local planning schemes. Clause 61(2)(e) of the deemed provisions states as follows; ‘(2) Development approval of the local government is not required for the following uses – (e) any other use specified in the local planning policy or local development plan that applies to the development as a use that does not require development approval’ The deemed provision specified above allows the City to adopt a local planning policy that identifies uses that do not require the approval of the City. Comment The Scheme specifies that a number of uses are ‘permitted’ uses within the Town Centre zone, this includes Shop and Restaurant uses (among others). However clause 14(2) of the Scheme defines a permitted use as follows; ‘means a use is permitted by the Scheme providing the use complies with the relevant development standards and the requirements of the Scheme.’ [Emphasis added] This includes such as vehicle parking standards, built form limits and end of trip facilities. Seldom will an existing building achieve compliance with all scheme standards. Similarly there are, generally speaking, limited realistic opportunities to actually meet scheme criteria. For instance, a large proportion of buildings along Rokeby Road and Hay Street are built to the extent of the site and without substantial alterations these buildings cannot provide additional areas for vehicle parking. The view of City officers is that while scheme standards are wholly applicable to new development, there is often little benefit in the ‘re-assessment’ of applications proposing certain uses to existing buildings. CITY OF SUBIACO 38 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Policy outcome The intent of the draft policy contained at Attachment 1 is to exempt the need for approval for uses the City wishes to encourage within the Town Centre zone. Reasons for change Officers consider the adoption of a policy which exempts the need for approval within the Town Centre zone should be adopted for the following reasons: • A policy will recognise the importance that economic factors play in determining land use order within the Town Centre zone. This may contribute to greater economic activity within the area; • Lessees and lessors will be given greater certainty of the range of uses a building is capable of being occupied by; • The City’s parking criteria do not reflect the changing nature of transport trips in and around Subiaco and the centralisation of public, shared parking, nor do they specifically differentiate between areas well service by public transport, bicycle and pedestrian infrastructure; and, • The number of development applications received by the City would be reduced by approximately 6%, which in turn would provide a more effective planning team. Rational of identified uses The draft policy identifies a range of uses considered to contribute strongly to economic development in the Town Centre zone. The table below sets out the use classes and specifies their current permissibility: Land Use Shop Local Shop Office Consulting Rooms Exhibition Centre Showroom Restaurant Fast Food Outlet Convenience Store Small Bar Health Studio Scheme permissibility P P D D P D P D A D D These uses have been identified for the following reasons: • Historically they are the uses in which the City has received development applications; • The use has the potential to generate economic activity and activity to the street; • The externalities of the use is managed by the City through health and building regulations (which will still apply) or through state government regulation (such as for licensed premises); • The uses are those which should reasonably occur in a town centre, as opposed to smaller local centres. CITY OF SUBIACO 39 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Applicable only to existing buildings The provisions of the draft policy will apply to existing buildings only. This may include external balcony or alfresco areas, but not existing vehicle parking bays. This ensures that new development (works/buildings) within the Town Centre zone is still subject to the normal considerations relating to vehicle parking and, by extension, the cash-in-lieu provisions of the Scheme. Town Centre development zone It is recommended the policy also apply to the Town Centre Development zone, which encompasses the buildings at No. 10 (Lot 22) Rokeby Road being the Pavilion Markets site. This ensures future development on the site is afforded the same flexibility as other premises in the town centre area. This may also set the circumstances where the site could be activated in the short term pending commencement of construction on the site. Activation at ground floors A potential risk of the policy is that uses that do not typically have ‘active frontages’ could occur at ground floors, such as Office and Consulting Room uses. This risk is considered minor for a number of reasons: • The purpose of this policy is to allow for (largely) greater freedom in how existing properties are occupied. Placing restrictions on what floors a land use could be considered exempt from the need for approval runs contrary to the objectives of the policy; • Land use is usually dictated by the form and suitability of a building and location. Recognising the influence of economic factors, rather than planning control, in dictating land use is a central objective of this policy; and • The likelihood of this occurring in a widespread manner is limited, given typical rents and building layouts at ground floors are not usually suited to passive, office type uses. Impact on inner city dwellings It is recognised that some of the prescribed uses could result in external impacts on residential dwellings within or nearby to the Town Centre zone. It is considered that these impacts are appropriately governed by other local laws and legislation and officers are confident external impacts of land use can still be appropriately controlled, as they normally are, without the need for land use approval. It is noted that requirements to obtain relevant health licenses or building approvals still apply. Continuity issues As the proposed policy will exempt the need for planning approval of the City for certain uses, under such a framework, the City will no longer be able to ‘track’ the relevant use of each site. It is important to understand the permanency of the policy and that rescinding policy in part or full in the future may result in continuity issues for future assessment of applications. CITY OF SUBIACO 40 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Internal referrals Place Development The proposed policy was referred to the Place Development branch for comment. The following advice was provided: ‘The adoption of this policy will have a positive impact on the local economy for Subiaco. Recently the city facilitated a series of meetings with local commercial leasing agents. The agents were asked about the issues and constraints that they face when trying to fill vacant space in Subiaco. A common issue raised was that the Council are perceived as being too restrictive with the requirements for permitted uses and parking requirements within the Town Centre. That the Council ‘red-tape’ meant that it was easier for new businesses to locate elsewhere rather than face the risk of a refusal or request for ‘cash in lieu’. This policy if adopted, will reduce the timeframe and costs for a new business locating to Subiaco. It will address the perceptions around the current parking requirements and leasing agents will have greater confidence and certainty when trying to attract new businesses to the Town Centre. This policy could be instrumental in making Subiaco an attractive destination for businesses and thereby reducing the current vacancy rate. Finally the policy is also well aligned with a number of strategies from focus area three of the Corporate Business Plan 2015-2019, including: • 3.1.2 – Encourage a diverse range of dining and drinking venues both indoors and outdoors; • 3.2.1 – Support the development of a diverse range of shopping options, including markets; • 3.2.2 – Support and encourage both new and existing locally-owned businesses to remain in the city. • 3.3.2 – Work towards establishing Subiaco town centre as a destination of choice. • 3.3.3 Encourage a broad range of hospitality, entertainment and recreation options for workers in the city.’ Environmental Health & Building While development approval is not required, it is important to ensure the premises is suitable for the proposed use, by considering if the nature of the business requires further approvals under the Building Act 2008, Food Act 2008, Health Act 1911 and subsidiary legislation (Health (Public Buildings) Regulations 1992) and/or the City of Subiaco Health Local Law 1999. Customers will be advised of the need to first investigate whether the use of a building will also meet this legislation, albeit that planning approval is not required. Consultation Should the council resolve to adopt the policy for the purposes of public advertising it will be advertised for public comment for a period of at least twenty-one (21) days in accordance with clauses 4(1) and 4(2) of the Deemed Provisions. At the completion of the public advertising period, a further report will be referred to council with recommendations incorporating comments received during the advertising period. CITY OF SUBIACO 41 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Strategic Implications This report has strategic implications for the governance of land use and control within the Town Centre zone. The strategic implications of this report are discussed in the ‘Comment’ section above. The recommendation is consistent with the Corporate Business Plan and Strategic Community Plan, specifically Focus Area three: A Unique Destination. Statutory and Policy Considerations A planning policy does not form part of a Scheme, and cannot bind the council in respect of an application or planning matter. However, the council is required to have due regard to the provisions and objectives of the policy in its decision making. In regard to planning policies, clause 3(1) of the Deemed Provisions states that the council may make a local planning policy in respect of any matter related to the planning and development of the Scheme area. The proposed policy ought to be appropriately adopted under that provision. Risk and Asset Implications There are no risk and asset implications for this report. Financial The City will forgo a small amount of planning application fees as a result of exempting the need for approval of certain land uses. The fee for a change of use application is approximately $295. Social and Environmental Implications There are no social and environmental implications to this report. Attachments 1. Draft local planning policy 2.27 – Land use in the Town Centre zone. 2. Map of the Town Centre zone For Information There are no information documents for this report. COUNCIL DECISION Moved Cr Mummery/seconded Cr Stroud That the order of business be changed to deal with item C1 before item T1. CARRIED 10/0 7.40pm CITY OF SUBIACO 42 E/16/169 28 JUNE 2016 C1 ORDINARY COUNCIL MEETING - MINUTES 55 SALVADO ROAD, SUBIACO - RECONSIDERATION UNDER SECTION 31(1) OF THE STATE ADMINISTRATIVE TRIBUNAL ACT, 2004 OF DECISION TO REFUSE AN APPLICATION FOR A CHANGE OF USE FROM SHOWROOM TO SHOP (GROWERS LANE) (7.2015.188.1) (DR 66/2016)* REPORT FROM MANAGER PLANNING SERVICES Author: David Milliken Date: 7 June 2016 File Reference: P/7802 Voting Requirements: Simple - more than half elected members present required to vote in favour COUNCIL DECISION Moved Cr Burns/seconded Cr Rowe That Council, in response to the invitation of the State Administrative Tribunal to reconsider its decision under section 31(1) of the State Administrative Tribunal Act 2004 (WA) that Council affirms its previous decision dated 24 February 2015 under section 31(2)(a) of the State Administrative Tribunal Act 2004 (WA): That in accordance with the provisions of Town Planning Scheme No. 4, the Metropolitan Region Scheme and the Planning and Development (Local Planning Schemes) Regulations 2015, the application submitted by D & T Tran date stamped 13 October 2015 for change of use from showroom to shop at No. 55 (Lot 801 on D/P 73741) Salvado Road, Subiaco as shown on plans date stamped 13 October 2015, be REFUSED. CARRIED 6/4 CRS STROUD, HEMSLEY, GEDERO AND MUMMERY VOTED AGAINST 8.17pm OFFICER RECOMMENDATION Moved Cr Stroud/seconded Cr Hemsley That Council, in response to the invitation of the State Administrative Tribunal to reconsider its decision under section 31(1) of the State Administrative Tribunal Act 2004 (WA), set aside its previous decision dated 24 February 2015 under section 31(2)(b) of the State Administrative Tribunal Act 2004 (WA) and substitute a new decision as follows: That in accordance with the provisions of Town Planning Scheme No. 4 and the Metropolitan Region Scheme, the application submitted by D & T Tran date stamped 13 October 2015 for change of use from showroom to shop at No. 55 (Lot 801 on D/P 73741) Salvado Road, Subiaco as shown on plans date stamped 13 October 2015, be APPROVED subject to the following conditions: 1. The development shall be carried out in accordance with the plans and drawings date stamped 13 October 2015 included with the application for development approval; 2. The approval for Grower’s Lane is permitted to run in accordance with the lease for the Homebase site and will expire on 31 December 2020. Any extension of the approval beyond this period will be subject to the submission and approval of a new planning application; 3. The text/lettering of each advertising sign shall not exceed 10m2 on each of the three facades of the tenancy. Signage shall not pulse or flash; 4. Prior to commencement of development, a noise management plan shall be submitted detailing measures that will be undertaken to ensure noise levels are maintained within the levels prescribed in the Environmental Protection (Noise) CITY OF SUBIACO 43 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Regulations 1997. The plan shall be prepared by a suitably qualified consultant and shall include: • Sound proofing measures used in the design and construction of the development; • Predictions of noise levels (including delivery/service vehicles, amplified music/loud speakers); • Control measures to be undertaken (including monitoring procedures); and • A complaint response procedure. All sound attenuation measures identified by the plan or as additionally required by the City of Subiaco, shall be implemented prior to occupancy of the development or as otherwise required by the City of Subiaco and the requirements of the plan shall be observed at all times. LOST 4/6 MAYOR HENDERSON, CRS MCALLISTER, BURNS, CLEMENTS, ROWE AND ARBUCKLE VOTED AGAINST 8.15pm ALTERNATIVE RECOMMENDATION Moved Cr Burns/seconded Cr Rowe That Council, in response to the invitation of the State Administrative Tribunal to reconsider its decision under section 31(1) of the State Administrative Tribunal Act 2004 (WA) that Council affirms its previous decision dated 24 February 2015 under section 31(2)(a) of the State Administrative Tribunal Act 2004 (WA): That in accordance with the provisions of Town Planning Scheme No. 4, the Metropolitan Region Scheme and the Planning and Development (Local Planning Schemes) Regulations 2015, the application submitted by D & T Tran date stamped 13 October 2015 for change of use from showroom to shop at No. 55 (Lot 801 on D/P 73741) Salvado Road, Subiaco as shown on plans date stamped 13 October 2015, be REFUSED. CARRIED 6/4 CRS STROUD, HEMSLEY, GEDERO AND MUMMERY VOTED AGAINST 8.17pm Cr Burns provided the following reasons (summarised) Application Consideration When determining an application the Council is to have regard to: • The Planning Scheme Zone objectives. • The matters raised in Clause 27 of the Planning Scheme, including: (b) any relevant planning policies; (c) a statement of planning policy of the Western Australian Planning Commission; (d) any planning study approved by the local government; (f) the orderly and proper planning of the locality; • (a) (e) (f) (g) (h) (s) The matters raised in Clause 67 of the Planning and Development (Local Planning Schemes) Regulations 2015, including: the aims and provisions of this Scheme and any other local planning scheme operating within the Scheme area; any policy of the Commission; any policy of the State; any local planning policy for the Scheme area; any structure plan, activity centre plan or local development plan that relates to the development; the adequacy of — CITY OF SUBIACO 44 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES (i) the proposed means of access to and egress from the site; and (ii) arrangements for the loading, unloading, manoeuvring and parking of vehicles; (t) the amount of traffic likely to be generated by the development, particularly in relation to the capacity of the road system in the locality and the probable effect on traffic flow and safety; (u) the availability and adequacy for the development of the following — (i) public transport services; (ii) public utility services; (iii) storage, management and collection of waste; (iv) access for pedestrians and cyclists (including end of trip storage, toilet and shower facilities); (v) access by older people and people with disability; (v) the potential loss of any community service or benefit resulting from the development other than potential loss that may result from economic competition between new and existing businesses; (x) the impact of the development on the community as a whole notwithstanding the impact of the development on particular individuals; and (y) the history of the site where the development is to be located The following relevant planning policies have not been properly considered with respect to this proposal: 1. State Planning Policy 4.2, Activity Centres for Perth and Peel 2. The planning scheme Zone objectives. 3. The Subiaco Central Development Plan 4. City of Subiaco Local Planning Strategy 2014 5. The Subiaco Activity Centre Plan (Draft) 6. Economic, Retail and Employment Report, March 2016 (Subiaco Activity Centre Structure Plan) (Draft) The full reasons are contained in the document submitted by Councillor Burns and the circulated Traffic & Parking Study (i3 consultants). Executive Summary The application is for a change of use from showroom to shop (Growers Lane) at the No. 55 Salvado Road, Subiaco. The application is currently the subject of an appeal at the State Administrative Tribunal. Background Landowner: Applicant: Application Date: DA Reference: Lot size: TPS Zoning: TPS Precinct: Land Use: Land Use Permissibility: Existing Development: Heritage Listing: CITY OF SUBIACO City of Subiaco D & T Tran 13 October 2015 7.2015.188.1 33,649m2 Commercial/Residential Centro Precinct Shop A Single storey building comprising a showroom Not listed 45 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES The purpose of this report is to provide further information to Council relating to its previous decision to refuse the application for a change of use at No.55 Salvado Road, Subiaco from showroom to shop (Grower’s Lane) at its ordinary council meeting on 23 February 2016. At that meeting, Council resolved the following: That in accordance with the provisions of Town Planning Scheme No. 4, the Metropolitan Region Scheme and the Planning and Development (Local Planning Schemes) Regulations 2015 the application submitted by D & T Tran date stamped 13 October 2015 for change of use from showroom to shop and associated signage at Tenancy 20 and 21, No. 55 (Lot 801 on D/P 73741) Salvado Road, Subiaco as shown on plans date stamped 13 October 2015, be REFUSED. Following the decision from Council to refuse the application, the applicant submitted a review of the matter with the State Administrative Tribunal (SAT). Further to mediation held on 6 May 2016, the SAT has directed the City to reconsider the application pursuant to s31 of the State Administrative Tribunal Act 2004 (SAT Act) at its Ordinary Council Meeting on 28 June 2016. In order to assist the Council to make an informed decision on traffic, parking and retail economic matters associated with the application, additional documentation has been provided by the applicant for the City to consider, including: • Overview report of the proposed business operations for Growers Lane; • A copy of the results of an online petition that was run by the applicant during the application period; • A copy of the comments made in the online petition; • A Retail Impact Assessment Report by Pracsys; • Parking Utilisation Report by Transcore; and • Traffic Advice by Transcore. In addition to the documentation submitted by the applicant, the City has engaged an economic and a transport consultant to review the applicant’s information. This is addressed in the following documents attached to this report: • Review of Economic Impact Assessment by Tony Shrapnel • Review of Applicant’s Traffic Advice by Cardo The above information is discussed in the comments section of this report. Site Context and Development History The subject property is located in the Homebase complex at No. 55 Salvado Road, Subiaco. This area is bounded by Roydhouse Street to its south and east, Harborne Street to its west and Salvado Road to its north. Salvado Road forms the boundary of the Town of Cambridge. The Homebase complex contains a mix of uses which service Subiaco and the wider area, including the Homebase Expo showroom and Bunnings warehouse. Car parking for 391 vehicles is distributed across the site and is accessed by patrons from multiple entrance points off Salvado Road, Harborne Street and Roydhouse Street. The area surrounding the complex is characterised by a diverse range of uses, including the large National Storage site to the west, offices and grouped dwellings to CITY OF SUBIACO 46 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES the north of the site in the Town of Cambridge and mixed use development along the south-east side of the site, most of which is under the jurisdiction of the MRA. The subject property is comprised of two tenancies which combine to 700sq.m in size. The property is situated at the western end of the complex near the Harborne St access point. The growers market will operate a fresh fruit and grocery business which will incorporate a mix of services including a gourmet deli section, baker, butcher, juice bar and fish supplier. Comment The refused development application is subject to a SAT review, where a mediation session has been held and the item referred back to the City for a s31 reconsideration. At the mediation the major issues were discussed, and the applicant has provided further information as a result. The City has reviewed this further information by independent consultants appointed by the City. The full reports provided by the various consultants are attached to this report, with a summary of the findings included in the report. In reconsidering the previous decision, the following three options are available to Council: 1. Affirm its previous decision; 2. Vary its previous decision; or 3. Set aside the previous decision and substitute a new decision. An assessment of the proposal has been conducted against the provisions of Town Planning Scheme No. 4 (the Scheme), Planning Policies and in consideration of the reports submitted by the transport and economic consultants. In consideration of all the information relating to the proposal, the application is found to be capable of being approved, subject to the inclusion of appropriate conditions. An assessment of all relevant Scheme, Policy and consultant information is detailed below. Traffic Applicant Information The applicant has engaged transport consultancy firm Transcore to provide detail in regards to the impact of the proposed use from the perspective of traffic generation and parking supply. Transcore has provided two additional reports for consideration by the City including a report providing traffic advice for the area as well as a parking utilisation report. Transcore has advised that the new development will generate ~724 typical Saturday trips, and ~60 peak hour trips. This development replaces former land uses and it estimated to result in a net increase of ~440 typical Saturday trips, and ~32 peak hour trips. These estimates include an estimated 20% cross-trade where shoppers will visit more than one tenancy at the Homebase complex. Transcore further assumes that 10% of the development will be passing traffic (i.e. traffic already on the road network) which further reduces the net trips to 390 typical Saturday trips and 29 peak hour trips. CITY OF SUBIACO 47 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Transcore concludes that the estimated impact on adjacent roads is in the order of 1% to 2% of total daily traffic which will not result in any adverse impact on existing traffic operations. Independent Consultant Comments The City appointed Cardo to review the Transcore report and provide independent advice. Cardno provided the following comments: • Transcore have used traffic generation rates from South Australia, whereas using traffic generation rates from the NSW RTA would result in higher estimated traffic generation. • the traffic generation estimates for the existing land use, as provided by the Applicant, appear to be significantly overstated compared to RTA trip generation rates. This results in an understatement of net traffic generation of the proposed land use. • the case for a 20% reduction in trip generation due to ‘cross-trade’ has not been substantiated and should be justified by the Applicant • the 10% reduction in trip generation due to diversion of passing trips into the site has not been substantiated but is considered reasonable. Cardno concluded, and confirmed by email, that “ultimately there is unlikely to be any fundamental traffic or parking problem arising from the application which is likely to justify refusal” and that they “do not believe that the traffic on the current road network should be considered to be ‘unsafe’ or otherwise unacceptable given it is an inner urban environment” Staff Comment Traffic generation is not an exact science as there are many individual factors that influence how many car trips a particular development may generate. In this case the numbers generated, even if the higher generation rates were considered, are not of such a scale to create, or even add to, a traffic issue. Peak hours for the shop will be generally outside of peak hours for traffic, and a location near a signal-controlled T-intersection is good for this type of use. Traffic issues on Harborne/Centro are a result of regional traffic moving through a constrained street towards an intersection with Roberts Road, where Roberts Road is given more ‘green time.’ This situation is likely to improve with a good design for the Roberts Road two-way project in the future. The proposed use will not add to this regional traffic issue in any significant way. It is the opinion of staff that traffic is not a major issue relating to this development and it should not be a reason to not support the development. Parking Applicant Information Transcore has also provided further information in relation to parking. Transcore has counted 356 parking bays on the Homebase site. Based on the parking surveys undertaken by Transcore on the 11th and 14th of May 2016, a Wednesday and Saturday, it is concluded that there is a significant level of spare car park capacity both during regular weekday and typical Saturday peak shopping. CITY OF SUBIACO 48 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES The maximum parking utilisation for the public parking zones within Homebase is about 64% and 54%, leaving a minimum of 95 bays and 122 bays available for parking during peak utilisation periods on a typical weekday and Saturday. It is concluded that the overall parking supply across the site is sufficient to meet the parking demand associated with the proposed use. Independent Consultant Comments The City appointed Cardo to review the Transcore report and provide independent advice. Cardno provided the following comments: • The parking utilisation report is generally representative of the parking availability during the surveyed period. However, the level of parking demand should be seasonally adjusted to acknowledge that the surveys were undertaken during periods of lower demand for key land uses within the Complex (e.g. Bunnings); • It is also considered that the Complex may be trading below its capacity and therefore to fully understand the impact of the proposed change of use, the applicant should provide an overall parking demand estimate based on standard rates and full trading capacity; and • The level of parking required by the proposed land use is considered to be suitable. Staff Comment It is clear that there is sufficient parking available on the Homebase site for this use. Whilst Cardno have provided some critique of Transcore’s methodology, both consultants agree that parking provision is adequate. The City has counted 391 bays on the site, including the bays directly accessible off Roydhouse Street. Transcore did not include these bays in their count. A total of 35 bays are required for the growers market which is based on a factor of one bay per 20sq.m of 700sq.m of Net Lettable Area. In order to determine whether the site can accommodate the number of car bays required for the shop, an assessment of all uses in the complex against their car parking standards in the Scheme was performed. The table below provides a detailed summary of the car parking requirements in the Homebase complex. Tenancy Use Bunnings Bunnings Yard Area Austral Bricks Midland Brick Home Base Veterinary Clinic Showroom Storage Yard Showroom Showroom Showroom Vet City Farmers Yard Area (Geo Wash) Alliance Robes Needham Air Shop Yard Area CITY OF SUBIACO Showroom Showroom Parking Ratio (NLA) 1 bay per 50sq.m 1 bay per 100sq.m 1 bay per 50sq.m 1 bay per 50sq.m 1 bay per 50sq.m 4 per consulting room Area 3,432sq.m 1,676sq.m 460sq.m 320sq.m 5,059sq.m 209sq.m – consulting rooms 1 bay per 20sq.m 710sq.m 1 bay per 1,470sq.m 100sq.m 1 bay per 50sq.m 211sq.m 1 bay per 50sq.m 200sq.m 49 Car Bays Required 68.64 bays 16.76 bays 9.2 bays 6.4 bays 101.18 bays 3 12 bays 35.5 bays 14.7 bays 4.22 bays 4 bays E/16/169 28 JUNE 2016 Watershed Growers Market* Business Centre Muzz Buzz ORDINARY COUNCIL MEETING - MINUTES Showroom Shop 1 bay per 50sq.m 1 bay per 20sq.m 200sq.m 700sq.m 4 bays 35 bays Office 1 bay per 40sq.m 1,290sq.m 32.25 bays Fast Food 1 bay per Outlet eating Minimum bays if no area. 4sq.m 55sq.m – no 4 bays area. eating area of 4 eating Totals Parking required Available bays Surplus 347.85 bays (rounded to 348 bays) 391 bays 43 bays The table above illustrates that 348 car bays are required when the uses are combined in order to sufficiently service the Homebase complex. Given that a total of 391 bays are available, there is a surplus of 43 car bays at the site. In summary, the car parking available at the site is generous and can easily accommodate the parking which is generated by the proposed growers market. It is the opinion of staff that parking is not a major issue relating to this development and it should not be a reason to not support the development. Retail Sustainability Applicant Information The applicant has engaged retail economics consultancy firm Pracsys to provide detail in regards to a retail impact assessment for the proposed use. Pracsys has advised that the total amount of retail grocery floorspace in the Subiaco Town Centre is 11,897m2, of which the 700m2 proposed development would be less than 5.9% of total retail floorspace. In terms of demand Pracsys advises that the proposed developments’ turnover would be 3% of the amount people living within 2km spend on retail grocery. It would also be 4% of the total turnover of all grocery outlets within 2km of the site. The Pracsys analysis concludes that there is sufficient demand in the defined trade area to sustain Growers Lane. In terms of modelling the impact Pracsys has calculated a -2% impact on existing retail grocery outlets in the Town Centre. Pracsys also considers that there will be a flow-on spend of +1%, where Growers Lane customers would undertake other shopping activities whilst in the Town Centre. Therefore the overall impact of the proposed development would be approximately -1%. Independent Consultant Comments The City appointed Shrapnel Urban Planning to review the Pracsys report and provide independent advice. Shrapnel Urban Planning provided the following comments: • Shrapnel concurs that the growers lane proposal is relatively small and less than 5.6% of total retail floorspace in Subiaco Town Centre; CITY OF SUBIACO 50 E/16/169 28 JUNE 2016 • • ORDINARY COUNCIL MEETING - MINUTES Shrapnel identifies a potential underestimation of the total turnover of all retail grocery stores in Subiaco; however the impact of that underestimation would further lessen the impact of the proposed development. Any impact is likely to be limited to retail grocery with little, if any, impact on other business in the town centre. Shrapnel accepts that there is sufficient demand to support the proposed development; Shrapnel does not accept the +1% flow-on benefit, and argues that the net impact on existing retail grocery stores would be closer to -2%. Staff Comment The proposed land use is relatively small and there is sufficient demand. It is likely to have a very small impact on other retail land use in the town centre. The information available concerning the retail impact of the proposed use makes it clear that a refusal cannot objectively be justified by reference to clause 67(v) of the deemed provisions applicable to all local planning schemes, which allows consideration to be given to “the potential loss of any community service or benefit resulting from the development other than potential loss that may result from economic competition between new and existing businesses”. It is important to note that economic competition between new and existing businesses is therefore not a matter that can be considered during the assessment and determination of a development application. There is some conjecture as to whether there will be positive flow-on benefits to the rest of the town centre. Whilst the land use is separated from the major part of the town centre and walking between the two may be difficult, there is likely to be some flow-on benefit, although it may be difficult to quantify. There is some chance that visitors will undertake other shopping activities in Subiaco, or at the very least visitors from outside Subiaco will be attracted to the Town Centre in one way or another. It is considered to be a better outcome for the Subiaco economy for money to be spent in Subiaco rather than the same money be spent elsewhere in the metropolitan area. Future Development During the mediation session it was noted that ‘shops’ of this nature are discretionary uses in the Commercial/Residential zone, and that the entire Homebase site is subject to this zone. It is noted that there is a possibility that the ‘shop’ tenancies could expand over time beyond the current proposal. Homebase have advised that they have no intention to significantly expand the ‘shop’ land use on the site. There are mechanisms through the Town Planning Scheme where the City could provide particular requirements for the Homebase site that effectively limit the amount of ‘shop’ land use permitted on the site, should Council wish to do so. Subiaco Activity Centre Plan The draft Subiaco Activity Centre Plan (SACP) was endorsed by Council on 24 May 2016 for the purposes of public consultation. Due regard should be given to the SACP in all planning assessments. The purpose of the SACP is to provide a planning framework for the future redevelopment and revitalisation of the Subiaco Town Centre. The Homebase site is coded ‘Centro’ under the SACP which is intended to be developed as a mixed use area comprising of permanent residential accommodation and associated commercial uses such as offices. A shop is a discretionary use in the SACP. CITY OF SUBIACO 51 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES The SACP contemplates a different form of development for the site in the medium to long term, once the Homebase lease expires (in 2020, plus 2 five year options). The Homebase site is identified as a landmark site with a maximum building height of six storeys with a potential for eight storey buildings to be considered under certain circumstances. The site is 3.365 Ha in area, assuming 3Ha of the site is developable with a plot ratio of 3.0 and 70% residential uses, it is likely that up to ~500 apartments could be accommodated on the site. The Homebase site will be subject to a separate Local Development Plan which will contain more specific detail for the site in terms of built form outcomes, building envelopes, design elements and vehicle access. Other Town Planning Scheme Considerations Land Use Shop is defined as an “A” use within the Commercial/Residential Zone. In considering an application for development approval in any Commercial/Residential Zone the Council shall have regard to the following objectives: (1) to develop an area with a strong recognisable identity characterised by development of a mixture of high quality commercial and residential accommodation; (2) to encourage small-to-medium scale mixed-use development of a type and character appropriate to Hay Street east and Rokeby Road south areas; (3) to encourage safe pedestrian and vehicle coexistence and/or segregation and to promote design elements with regard to car parking areas which serve to enhance the streetscape and the amenity of the locality; (4) to encourage retention of heritage character by reinforcing the original development patterns and the recycling of existing building stock; (5) to encourage pedestrian-friendly development which is orientated to the street in the traditional manner, enabling surveillance of both the street and pedestrian areas; (6) the protection and enhancement of the amenity and general environmental standards of existing and future development within and adjoining this zone; (7) to promote and encourage design that incorporates sustainability principles, including but not limited to solar passive design, energy efficiency, reduction in greenhouse gas emissions, water conservation, waste management and recycling; (8) to promote and encourage design that incorporates crime prevention through environmental design principles including but not limited to, appropriate fencing, appropriate landscaping, casual surveillance of public open spaces and adequate pedestrian movement sightlines. An assessment of the use against the objectives is provided below. Objectives which are not applicable are not included in the table. Clause Assessment 44(1) The identity of the site is reinforced through the Homebase brand, which is recognised as providing high quality commercial uses which service Subiaco and the wider suburban area. Whilst the proposed growers market differs from the typical commercial use associated with the Homebase complex, its addition will add to the CITY OF SUBIACO 52 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES mix and diversity of high quality commercial uses available in the complex. 44(3) 44(6) The growers market also has the potential to increase the number of frequent visitors to the site which provides and overall benefit to neighbouring tenancies in terms of patronage and exposure. A car parking assessment has been completed and is provided in this report. It is demonstrated that the site has sufficient car parking to accommodate the parking requirements of the veterinary clinic. The amenity of pedestrians and vehicles in the Homebase complex will not be compromised by the approval of this use. The proposal is acceptable from environmental, social and planning perspectives. The site is surrounded by a mixture of development including showrooms, offices, shops, multiple dwellings and light industrial uses and the proposed use is considered to be compatible with existing development in the area. The fit out will have no environmental impact and there will be no adverse impact on the surrounding area in terms of amenity. The merits of the proposal have been assessed in accordance with the provisions of Clause 44 and it is considered that the proposed use is appropriate for the site. Advertising Signs Advertising and signage associated with the proposed development are required to meet the standards listed in the City’s Advertising Signs policy. A total of four advertising signs are proposed for the premises, consisting of three window signs and a wall sign. The wall sign complies with the City’s Advertising Signs policy but discretion is sought in relation to the proposed window signs. An assessment of the window signs is provided in the table below: Requirement Clause 5.14 – Window Sign Assessment The proposed window signage does not comply with Clause 5.14 of the Advertising Signs policy on account One or more window signs of the signs covering more than 50% of the window are exempt from and due to the aggregate of the signs being greater development where: than 10sq.m. a) they cover no more than 50% of the Notwithstanding the above, variations to the City’s window to which they advertising signs standards can be considered under are associated; and Clause 7 of the policy. In determining whether the b) they have an variations can be supported, consideration must be aggregate of area of given to the appropriateness of the setting of the sign, 0.4sq.m per 1m of its safety and design. street frontage of the subject tenancy (up Overall, the window signs are deemed to be to a maximum consistent and complimentary to existing signage in aggregate area of the complex and will be designed in such a way which 10sq.m) can be considered suitable for the site. Furthermore, CITY OF SUBIACO 53 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES the window signs are safe in that they will not present a hazard or obstruction to pedestrians. The window signs are therefore supported as part of this application. Consultation and Referrals The City did not undertake any further consultation for the proposal; however the applicant has submitted the results of an online petition in its bundle of documents to the City with 1019 signatures and comments in support of the proposed use. A copy of this is attached to this report, however it should be noted that this is not a petition as defined by the Councils Standing Orders regarding petitions. Strategic Implications There are no strategic implications for this report Statutory and Policy Considerations There are no statutory and policy considerations for this report. Risk and Asset Implications There are no statutory and policy considerations for this report that are relevant to the planning assessment. Financial Should Council affirm or vary its previous decision there will be costs involved with defending this decision at a final hearing at the SAT. Social and Environmental Implications There are no social and environmental implications to this report. Attachments 1. Development assessment plans 2. State Administrative Tribunal Orders dated 7 April 2016 3. Overview report of the proposed business operations for the Growers Lane shop Confidential Attachments 4. Minutes from mediation from Craig Slarke 5. A copy of the results of an online petition that was run by the applicant during the application period 6. A copy of the comments made in the online petition 7. A Retail Impact Assessment Report by Pracsys; 8. Parking Utilisation Report by Transcore; and 9. Traffic Advise by Transcore. 10. Review of Economic Impact Assessment by Tony Shrapnel 11. Review of Applicant’s Traffic Advice by Cardo Councillor Burns left the chamber at 8.17pm. CITY OF SUBIACO 54 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES 10.2 CORPORATE, COMMUNITY AND TECHNICAL SERVICES COMMITTEE ENBLOC DECISION Moved Cr Stroud/seconded Cr Rowe That the recommendations relating to T1 and T5 contained in the minutes of the Corporate, Community and Technical Services Committee meeting of 21 June 2016 be adopted. CARRIED 9/0 8.18pm T1 TENDER A/4270 PRESSURE CLEANING SERVICES REPORT FROM ACTING DIRECTOR TECHNICAL SERVICES Author: Robert Wyllie Coordinator Infrastructure Maintenance Date: 2 June 2016 File ref: A/4270 Voting requirements: Simple - more than half elected members present required to vote in favour OFFICER/COMMITTEE RECOMMENDATION/COUNCIL DECISION Moved Cr Stroud/seconded Cr Rowe That tender A/4270 for pressure cleaning of paving and associated infrastructure is awarded to Enviropath Pty Ltd for the submitted rate of $1.40 per square metre, for a period of one year with two (2) one year extension periods exercisable at the discretion of the city. CARRIED ENBLOC 9/0 8.18pm Background The City provides cleaning services to maintain the amenity of paths and street furniture in commercial areas (as per attachment 2). Pressure cleaning of paving and associated infrastructure is one of the key activities for this maintenance which is carried out under contract. The current contract for pressure cleaning services expires on 31st July 2016, the new contract will commence on the 1 August 2016. The purpose of this report is to recommend to council that Enviro Path be awarded the contract for pressure cleaning services for a period of one year with two single year extension periods exercisable at the sole discretion of the City. Comment The City seeks to appoint, through this tender, the services of a suitably experienced and competent specialist to carry out pressure cleaning services The scope of works included in this Tender require the commercial areas throughout the city be cleaned three times a year and the area around Subiaco train station to be cleaned every two months. The scope of the tender also provides for cleaning additional areas as part of the scheduled cleans and additional urgent work requests. The commercial area that is encompassed by this tender consists of over 11,000 CITY OF SUBIACO 55 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES square meters of paving and other associated infrastructure and with the nature of the outlets trading within these areas, it is essential to have this ability to ensure the city’s commercial precincts remain clean and inviting spaces for both local residents and visitors alike. In May 2016 the tender for pressure cleaning services was advertised in West Australian in accordance with the requirements of the Local Government Act 1995. The submission period closed at 2:00pm on 31st May 2016 The City received submissions from the following companies: • Mulitclean WA Pty Ltd • Enviropath Pty Ltd • Alpha Property Services Pty Ltd Selection Criteria The request for tender document specified that tenders submitted would be assessed against general compliance criteria, specific qualitative criteria and judged on their value for money. The tenders submitted by Multiclean, Enviro path and Alpha Property Services were found to meet the general compliance criteria and conform to the tender requirements. The conforming tenders were each assessed against the following qualitative criteria: • Relevant experience; • Skills and experience of key personnel; • Plant and equipment; • Demonstrated understanding; • Environmental questionnaire. Consultation There has been no consultation as part of the request for tender or this report. Statutory and policy considerations The Local Government Act 1995 Clause 3.57 and the Local Government (Functions and General) Regulations 1996, Part 4, Clauses 11 to 24 applies to tender requirements. The services to be provided under the tender are in keeping with the City’s Waste Management policy. Strategic implications The tender will continue cleaning services that support the built environment focus area of the City’s Corporate Business Plan. Risk and Asset Implications The routine cleaning of commercial precincts is an essential part of the City’s maintenance programme, in an effort to provide clean and safe shopping and entertainment precincts for both local residents and visitors alike. Financial The financial implications of this report relate to the anticipated annual cost of $94,940 for the life of the contract which has been provided for in the current budget and the CITY OF SUBIACO 56 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Strategic Financial Plan, additional costs will be incurred for additional area cleans and urgent work requests. Social and Environmental Implications There are no significant environmental or social implications associated with this report. Attachments 1. Tender A/4270 – Details of submissions Received (Confidential) 2. Area Map Councillor Burns returned to the chamber at 8.19pm. Councillor Stroud left the chamber at 8.19pm. CITY OF SUBIACO 57 E/16/169 28 JUNE 2016 T2 ORDINARY COUNCIL MEETING - MINUTES REVIEW OF DELEGATIONS & AUTHORISATIONS 2016 REPORT FROM DIRECTOR CORPORATE SERVICES Author: Governance & Risk Officer, Jordan Duncan-Smith Date: 13 June 2016 File Reference: A/4100 Voting Requirements: Absolute majority – 7 elected members required to vote in favour. COUNCIL DECISION Moved Cr Mummery/seconded Cr McAllister That Council: 1. Delegates or authorises the Chief Executive Officer and Officers as specified the exercise of Council’s powers, duties, or functions as detailed in Attachment 1 “Register of Delegations and Authorisations 2016-2017 (Part 1 Delegations & Authorisations from Council to the CEO and Officers)”, subject to deletion of the delegation to the CEO for regulation 30 (2) (b). 2. Delegates to the Development Services Committee the powers and duties as detailed in Attachment 1 “Register of Delegations & Authorisations 20162017 (Part 2 Delegations from Council to the Development Services Committee)”, subject to deletion of the delegation for revocation of Planning Policies. CARRIED BY AN ABSOLUTE MAJORITY 8/1 CR CLEMENTS VOTED AGAINST 8.22pm COMMITTEE RECOMMENDATION Moved Cr Mummery/seconded Cr McAllister That Council: 1. Delegates or authorises the Chief Executive Officer and Officers as specified the exercise of Council’s powers, duties, or functions as detailed in Attachment 1 “Register of Delegations and Authorisations 2016-2017 (Part 1 Delegations & Authorisations from Council to the CEO and Officers)”, subject to deletion of the delegation to the CEO for regulation 30 (2) (b). 2. Delegates to the Development Services Committee the powers and duties as detailed in Attachment 1 “Register of Delegations & Authorisations 2016-2017 (Part 2 Delegations from Council to the Development Services Committee)”. AMENDMENT Moved Cr Arbuckle/seconded Cr Rowe That Council: 1. Delegates or authorises the Chief Executive Officer and Officers as specified the exercise of Council’s powers, duties, or functions as detailed in Attachment 1 “Register of Delegations and Authorisations 2016-2017 (Part 1 Delegations & Authorisations from Council to the CEO and Officers)”, subject to deletion of the delegation to the CEO for regulation 30 (2) (b). 2. Delegates to the Development Services Committee the powers and duties as detailed in Attachment 1 “Register of Delegations & Authorisations 2016-2017 (Part 2 Delegations from Council to the Development Services Committee)”, subject to deletion of the delegation for revocation of Planning Policies. CARRIED BY AN ABSOLUTE MAJORITY 9/0 8.21pm CITY OF SUBIACO 58 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Cr Arbuckle provided the following reasons: Creation of policy is a decision of Council and should not be delegated, as it needs full input of all councillors. Committees are sometimes not representative of the breadth of decision-making that characterises full council. Revocation of policy should be subject to the same scrutiny as the creation of policy. The amendment becomes the substantive motion SUBSTANTIVE MOTION Moved Cr Mummery/seconded Cr McAllister That Council: 1. Delegates or authorises the Chief Executive Officer and Officers as specified the exercise of Council’s powers, duties, or functions as detailed in Attachment 1 “Register of Delegations and Authorisations 2016-2017 (Part 1 Delegations & Authorisations from Council to the CEO and Officers)”, subject to deletion of the delegation to the CEO for regulation 30 (2) (b). 2. Delegates to the Development Services Committee the powers and duties as detailed in Attachment 1 “Register of Delegations & Authorisations 2016-2017 (Part 2 Delegations from Council to the Development Services Committee)”, subject to deletion of the delegation for revocation of Planning Policies. CARRIED BY AN ABSOLUTE MAJORITY 8/1 CR CLEMENTS VOTED AGAINST 8.22pm OFFICER RECOMMENDATION That Council: 1. Delegates or authorises the Chief Executive Officer and Officers as specified the exercise of Council’s powers, duties, or functions as detailed in Attachment 1 “Register of Delegations and Authorisations 2016-2017 (Part 1 Delegations & Authorisations from Council to the CEO and Officers)”. 2. Delegates to the Development Services Committee the powers and duties as detailed in Attachment 1 “Register of Delegations & Authorisations 2016-2017 (Part 2 Delegations from Council to the Development Services Committee)”. Background Section 5.42(1) of the Local Government Act 1995 provides that a local government may delegate to the CEO the exercise of any of its powers or the discharge of any of its duties under the Act. The CEO will delegate where appropriate to staff to fulfil the duties in accordance with the legislation. Section 5.46(2) of the Local Government Act 1995 provides that at least once every financial year, delegations are to be reviewed by the delegator. The review was last conducted in June 2015. In September 2015the delegations from Council to the Development Services Committee were also reviewed. The purpose of this report is to: a. Review and confirm Council’s delegations and authorisations to the CEO under the Local Government Act 1995 and other legislation. b. Review and confirm Council's delegations to officers under the Food Act 2008. Delegations to officers under the Food Act are included in this report as that Act requires delegation to officers by Council directly. c. Review and confirm Council's delegations to the Development Services Committee under various planning legislation. CITY OF SUBIACO 59 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Comment The following Acts and Regulations have been reviewed to determine any relevant amendment or repeal since the last review date that may affect any delegation or authorisation: a. Local Government Act 1995 and all associated regulations b. Local Government (Miscellaneous Provisions) Act 1960 and Regulations c. Local Government (Uniform Local Provisions) Regulations 1996 d. All City of Subiaco Local Laws e. Dog Act 1976 f. Cat Act 2011 g. Health (Public Buildings) Regulations 1992 h. Food Act 2008 i. Liquor Control Act 1988 j. Building Act 2011 and Building Regulations 2012 k. Strata Titles Act 1985 l. Planning and Development Act 2005 m. Heritage of Western Australia Act 1990 n. Metropolitan Redevelopment Authority Act 2011 o. Metropolitan Region Scheme p. City of Subiaco Town Planning Scheme No. 4 Following review of the above, officers have recommended the following changes: 1. Delegations from Council to the CEO and officers a. Reg 11 Local Government (Functions & General) Regulations. Section 3.57(1) LGA (Local Government Act) Invite public tenders before entering into a contract for goods and services with a value of $150,000 or more. b. Regulation 18(4)-(5) Local Government (Functions & General) Regulations. Section 3.57 (2) (Local Government Act). Consider any tender that has not been rejected and decide which one to accept, provided the value of the tender is an amount not exceeding $150,000, and may decline to accept any tender. REASON: (a & b): These changes simply increase the amount from $100,000 to $150,000 which is the legislative threshold above which local governments must call for tenders. c. Regulation 30(2) Local Government (Functions & General) Regulations. Now inclusive of 2(a)(i) and 2(b). REASON: These changes improve the clarity of the delegation clause by quoting the regulation in full. The inclusion of 2 (b) allows for the disposition of land to charitable institutions in accordance with the Social Property Policy Framework as adopted by Council in May 2016. d. Local Law Related to Parking clause 3.10 changed from 3.8. REASON: Consequential change to numbering created by recent local law review. e. Local Law Related to Parking Section 6.9 REASON: Introduction of Special Permits for residents, delegation enables issue by CEO through Officers of the City. f. Local Law Related to Parking Section 6.10 REASON: Introduction of provision in local law that enables revocation of permits that may be used inappropriately, power needs to be delegated. 2. Delegations from Council to the Development Services Committee. CITY OF SUBIACO 60 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES There are seven proposed changes to the present delegations listed below. Proposed Change Reason • Adoption of draft Planning Policies for These changes allow the Committee to the purpose of consultation (includes decide to advertise a new or revised policy, or revoke one that is no longer Heritage Policies) • Revocation of Planning Policies where relevant. Final adoption of Policies will still review of the policy recommends require full Council approval. This will assist with reviewing planning policies in revocation an efficient manner and keep them up to date. • Reports regarding actions necessary to Sometimes the clearing of conditions involves an action that requires the clear conditions of planning approval consideration of elected members. It is appropriate and efficient for the Committee to deal with these matters. • General reports setting the principles The City is undertaking a review of the for planning requirements as part of the Town Planning Scheme and the review of the town planning scheme preparation of a new Scheme. A variety of (Excludes adoption of Activity Centre reports will be presented to consider Plans, Structure Plans, Local planning requirements for the revised Development Plans or Local Planning scheme. It is appropriate that the Strategy or Local Planning scheme for Committee considers reports of this the purpose of advertising or final nature, and it will ensure all aspects of the new scheme are efficiently reviewed. The adoption) adoption of Plans and Schemes for advertising or final adoption will still require Council approval. • Advertising proposals to include These delegation changes will allow the Committee to deal effectively and individual places on the Heritage List • Advertising proposals to declare efficiently with heritage related matters. Final adoption of places or areas will still Heritage Areas require Council approval. • Heritage Grant applications These changes are documented as tracked changes in Attachment 2 of this report. Consultation There are no public consultation requirements for this report. Strategic Implications Council, in line with other local authorities and good management practice, delegates certain decisions and the exercise of its powers and duties to its Chief Executive Officer in order to achieve efficiencies or to implement decisions in a timely manner. Statutory and Policy Considerations Section 5.16 of the Local Government Act 1995 allows a local government to delegate to a committee any of its powers and duties other than the power of delegation. Section 5.42 of the Local Government Act 1995 allows a local government to delegate to its CEO the exercise of any of its powers or the discharge of any its duties under the Act, subject to certain limitations specified in s 5.43. The delegation is to be in writing and may be general or subject to whatever conditions Council requires. CITY OF SUBIACO 61 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Section 5.46(2) of the Local Government Act 1995 provides that at least once every financial year, delegations are to be reviewed by the delegator. Risk and Asset Implications There is a risk of breaching the requirements of the Local Government Act if the city does not review its delegations at least once within the financial year. There are no specific impacts on the city's assets. Financial There are no financial implications for this report. Social and Environmental Implications There are no social or environmental implications arising from this report. Attachments 1. Register of Delegations & Authorisations 2016-2017. 2. Register of Delegations & Authorisations 2016-2017 (Tracked changes). Councillor Stroud returned to the chamber at 8.26pm. CITY OF SUBIACO 62 E/16/169 28 JUNE 2016 T3 ORDINARY COUNCIL MEETING - MINUTES PUBLIC CONSULTATION: COMMUNITY SAFETY AND CRIME PREVENTION PLAN 2016-20 REPORT FROM DIRECTOR COMMUNITY DEVELOPMENT Author: Coordinator Community Programs, Christie Mildenhall Date: 3 June 2016 File Reference: A/3716 Voting Requirements: Simple - more than half elected members present required to vote in favour COUNCIL DECISION Moved Cr Hemsley/seconded Cr Rowe That the item be referred to the August Corporate, Community and Technical Services Committee to allow the incorporation of recognition that; 1. A poor sense of safety will lead individuals and groups to change their practices, avoid places and situations, or reduce their participation in the local community, thus diminishing the vitality and diversity of neighbourhoods. (from Safer Yarra Plan Discussion Paper May 2010, page 5) and 2. Propose a methodology for regularly measuring the degree of avoidance of practices, places, situations and participation by members of the community as a result of a poor sense of safety, (for example, the number of children who avoid walking or cycling to school as a result of a poor sense of safety) so that demonstrable improvement can be made over a period of time. CARRIED 10/0 8.32pm OFFICER/COMMITTEE RECOMMENDATION Moved Cr Arbuckle/seconded Cr McAllister That Council endorse the public advertisement of the draft Community Safety and Crime Prevention Plan 2016-20 (contained in Attachment 1 to this report) for a three week period and the results be reported back via the Corporate, Community and Technical Services Committee. 0/10 MAYOR HENDERSON, CRS MCALLISTER, STROUD, BURNS, HEMSLEY, CLEMENTS, ROWE, GEDERO, ARBUCKLE AND MUMMERY VOTED AGAINST 8.30pm CITY OF SUBIACO 63 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES ALTERNATIVE RECOMMENDATION Moved Cr Hemsley/seconded Cr Rowe That the item be referred to the August Corporate, Community and Technical Services Committee to allow the incorporation of recognition that; 1. A poor sense of safety will lead individuals and groups to change their practices, avoid places and situations, or reduce their participation in the local community, thus diminishing the vitality and diversity of neighbourhoods. (from Safer Yarra Plan Discussion Paper May 2010, page 5) and 2. Propose a methodology for regularly measuring the degree of avoidance of practices, places, situations and participation by members of the community as a result of a poor sense of safety, (for example, the number of children who avoid walking or cycling to school as a result of a poor sense of safety) so that demonstrable improvement can be made over a period of time. CARRIED 10/0 8.32pm Cr Hemsley provided the following reasons: Measurement of the tangible results of crime, such as area and frequency of graffiti, numbers of burglaries, assaults and car crashes can be helpful in guiding the City's strategies, but does not recognize the level of "self-censorship" that people place on their behaviour as a result of a poor sense of safety that is often so normalised that it does not show up in the "Community perceptions of safety and security". This avoidance behaviour is difficult to measure precisely because it is intended to not produce a measurable crime or accident incident. Nevertheless it has many negative consequences for the physical and mental wellbeing of the members of our community, and thus should be included in the Community Safety and Crime Prevention Plan. Background The City of Subiaco first entered into a Community Safety and Crime Prevention Partnership Agreement with the State Government in 2004. As a result of this agreement, the city began producing its biennial Community Safety and Crime Prevention plans (CSCPPs). While the city’s agreement with the state government is no longer in place (this agreement was managed through the Office of Crime Prevention which no longer exists), the Community Safety and Crime Prevention Plan 2014-2016 was found to be a useful tool to guide the strategic allocation of resources. During the period of the CSCPP 2014-16, the following was achieved: • 10% fewer crimes per month on average during 2014-16 compared with the previous plan including reductions of 23% in assaults and 12% in burglaries; • Improved satisfaction in community perceptions of safety and security; graffiti and vandalism; antisocial behaviour; and street lighting, including industry-leading satisfaction in street lighting and graffiti, vandalism and antisocial behaviour; • Record low numbers of graffiti tags requiring removal by the city. The CSCPP 2014-16 has been completed with the final report presented to the April 2016 council meeting. Comment The draft CSCP Plan 2016–20 details new initiatives to build upon past successes and further advance community safety in Subiaco. It also reflects the key concerns identified in the city's Strategic Community Plan and incorporates actions listed in the Corporate Business Plan. The draft Plan is intended to define indicators of success CITY OF SUBIACO 64 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES regarding safety and crime prevention within the city, and to foster a whole-ofcommunity and whole-of-organisation approach to community safety. The indicators of success selected were chosen after careful examination of the city’s strategic goals. Each indicator takes into account a range of ongoing actions that the city adopts through the Corporate Business Plan or operationally. Additional actions from the City of Subiaco and relevant partners (such as WA Police) can now be implemented according to the outcomes each indicator reflects. Indicators must be suitable for use in the city’s ‘stoplight icon’ performance measure system using the following descriptions: Green Green indicators will confirm that ongoing crime prevention activities, implemented by WA Police and the city, are keeping crime rates at or below the historical average. Amber Amber indicators will see the city consult with WA Police and other stakeholders to consider and implement crime reduction measures if necessary. Red Should red indicators occur, the city will work closely with WA Police and/or other stakeholders to immediately implement measures aimed at reducing crime. Indicators related to focus area one in the Strategic Community Plan: As focus area one is strongly related to crime prevention, the indicators selected to guide actions are crime statistics and community perceptions of crime. The crime statistics available to the city include assaults, thefts, burglaries, drug offences, motor vehicle thefts, sexual assaults, deprivation of liberty, graffiti, traffic crash offences, disorderly conduct, arson and robbery. Five crime types were selected as indicators, based on being consistently amongst the highest level of crimes in Subiaco for the past six years. These crime types are assaults, thefts, burglaries, drug offences and motor vehicle theft. To produce indicators, statistics for each crime type were analysed per month since 2010. Monthly figures were then compiled into average quarterly statistics: this is an attempt to strike a balance between monthly monitoring, which could be over-sensitive to one-off incidents, and annual monitoring which was considered under-sensitive. These average quarterly statistics for all six years were then compared to the period 2014-16, over which the previous CSCPP applied, in order to establish for the city continuous improvement targets. The below table demonstrates these indicators. Total crimes per quarter Crime type Assault Theft Burglary Drug Offences Motor Vehicle Theft Seasonal Total Average 2010-16 7 52 17 4 3 Average 2014-16 6 58 16 5 3 Green light 6 or less 51 or less 16 or less 4 or less 3 or less 94 93 93 or less Amber light Red light 8-12 53-65 17-25 5-7 4-6 13 or greater 66 or greater 26 or greater 8 or greater 7 or greater 94-105 106 or greater Community perceptions of safety and security were selected as another measure of safety in Subiaco. These perceptions are measured through the city’s annual participation in the Catalyse community surveys. The below indicators will enable the city to respond changes in survey responses compared to the past three years: CITY OF SUBIACO 65 E/16/169 28 JUNE 2016 Perception ORDINARY COUNCIL MEETING - MINUTES Past average Dissatisfied Neutral Satisfied Delighted Satisfied or better 5% 8% 33% 55% 88% Green light Amber light 5 or less 8 or less 33 or greater 55 or greater 87 or greater Red light 5-10 8-15 25-33 40-55 75-87 10 or greater 15 or greater 25 or less 40 or less 75 or less Indicators related to focus areas three, four and five in the Strategic Community Plan: Focus areas three, four and five relate largely to the city’s physical infrastructure when considered from a crime and safety perspective. Guiding the city’s response to these focus areas is the globally-recognised Crime Prevention through Environmental Design (CPTED) model. This model holds that the planning, design and maintenance of places, spaces and buildings can assist in reducing crime and antisocial behaviour because people are less likely to behave in an antisocial manner if they perceive themselves as standing out or being watched. The simplest indicators of success in the CPTED model are community satisfaction with street lighting, streetscapes and control of graffiti, vandalism and antisocial behaviour. Progress will be indicated in these areas in the same way that progress is measured for community perceptions of safety and security, as described above. Additional indicators selected are annual graffiti statistics and traffic crash severity. Annual graffiti statistics are measured through the city’s graffiti removal service. The particular statistics selected for measurement in the CSCPP 2016-20 are the number of graffiti tags removed and the number of square metres of graffiti removed. These choices will enable the city to measure not only the instance of graffiti, but also the scale of individual graffiti instances as per the below table: Average since 2007-08 Number of tags Square meters of graffiti removed Average since 2013-14 Amber light Red light 700-1,500 9,00011,000 1,500 or greater 11,000 or greater Green light 1,548 698.5 700 or less 9,847.25 8,872.5 9,000 or less Finally, traffic crash severity was selected as a measure of road safety. Traffic crash severity is measured as a five year average, as it can be highly variable on an annual basis. The indicators for the CSCPP 2016-20 are based on the five year average 20102015. However, traffic crash severity can be strongly random, in particular for highly severe injuries and fatalities. The indicators below otherwise operate in a similar manner to crime and graffiti statistics: Severity Fatal Hospital Medical Major property damage Minor property damage CITY OF SUBIACO Count 2 77 338 1371 1080 Green light Amber light Red light No new fatalities 77 or less 338 or less 77-85 338-372 86 or greater 373 or greater 1371 or less 1371-1510 1511 or greater 1080 or greater 10% variance Greater than 10% variance 66 New fatalities E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Consultation The draft CSCP Plan 2016-20 has been developed with input from the relevant city branches, the WA Police, and Subiaco youth through the Subiaco Kids Crew and Subiaco Voice of Youth. The draft CSCP Plan 2016-20 will be publicly advertised for community feedback on the city’s online community engagement hub Have Your Say Subiaco for a three week period. The feedback received will then be collated and analysed and any necessary changes to the plan will be made and reported back via the Corporate, Community and Technical Services Committee to Council. Strategic Implications The CSCPP 2016-20 relates to the following four focus areas in the Strategic Community Plan: • Focus Area One: Our sense of community • Focus Area Three: A unique destination • Focus Area Four: The built environment • Focus Area Five: An effective and integrated transport system Statutory and Policy Considerations The development of a Community Safety and Crime Prevention Plan is consistent with requirements of Section 1.3(3) of the Local Government Act 2005, which states ‘in carrying out its functions a local government is to use its best endeavours to meet the needs of current and future generations through an integration of environmental protection, social advancement and economic prosperity’. This plan refers to and works alongside city policies addressing items related to community safety and crime prevention, including but not limited to: • The Streetscape Policy, relevant to pedestrian safety • The Liquor Licensing Policy, relevant to alcohol-related harm • The Designing Out Crime Policy, relevant to building design • Various development policies, relevant to amenity in specific areas such as the Town Centre Zone Risk and Asset Implications Community safety has been identified by the Subiaco community as an area of importance, as highlighted by the Strategic Community Plan strategy 1.2.5 “create and maintain a safe environment for the community”. Linking city efforts to direct outcomes may result in situations in which actions taken by the city and its partners are unable to impact an indicator. For this reason, it is important that the city conduct a desktop review of the plan two years into its implementation. Future demographic changes, or other changes uncontrollable by the City of Subiaco and its partners, can then be incorporated into the performance indicators. Financial The strategies described in the draft CSCPP 2016-20 are able to be funded through the operational budgets of relevant city branches. Several strategies are already identified for particular funding in the Strategic Financial Plan under the Law, Order and Public Safety program classification. Where specific strategies have the potential for benefits over and above those expected by this Plan, additional funding may be sought through external sources. CITY OF SUBIACO 67 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Social and Environmental Implications There are no specific social or environmental implications to this report. Attachment 1. Draft Community Safety and Crime Prevention Plan 2016-20 Mayor Henderson vacated the chair at 8.32pm and left the chamber at 8.32 as she had previously declared an interest in item T4. Cr Arbuckle took the chair at 8.32pm. Cr Rowe and Cr Stroud left the chamber at 8.32pm as they had previously disclosed an interest in item T4. T4 ATTENDANCE AT THE 2016 INTERNATIONAL CITIES, TOWN CENTRES AND COMMUNITIES CONFERENCE REPORT FROM CHIEF EXECUTIVE OFFICER Author: Executive Assistant, Kerry Plantinga Date: 14 June 2016 File Reference: A/373 Voting Requirements: Simple - more than half elected members present required to vote in favour OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr McAllister/seconded Cr Clements That council: 1. approves the attendance of Mayor Henderson, Councillor Stroud and Councillor Rowe at the International Cities, Town Centres and Communities Conference to be held in Launceston from 9 to 11 November 2016. 2. authorises expenses associated with attendance in accordance with the Council policy for the purposes of Section 598 (2) (b) of the Local Government Act 1995. CARRIED 7/0 8.36pm Background Requests for course participation or conference attendance are to be initiated by the elected member and are to be forwarded to the Chief Executive Officer prior to enrolment or registration. The Chief Executive Officer is authorised to approve requests from elected members for professional development training and conference attendance without referral to Council, providing that: • The cost does not exceed $1,000 for any single instance and are up to a total of $3,000 in any 12 month period • The course or conference is organised by an identified, industry-recognised training provider CITY OF SUBIACO 68 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Any requests outside of this policy, including those for attendance at courses or conferences outside Western Australia, are to be submitted to council for consideration. Mayor Henderson and Councillor Stroud have requested attendance to the 16th International Cities, Town Centres and Communities Conference which is to be held in Launceston from 9 to 11 November 2016. The theme for this year’s conference is “Future Places: Conflict in Harmony”. Comment The experience and professional development to be gained from attending the 2016 International Cities, Town Centres and Communities Conference would be beneficial for Mayor Henderson and Councillor Stroud. Some of the sessions include: • The retail revitalisation and activation of towns and cities; • What makes a city win; • Rethinking our urban streets to harmonise link and place; • The shops they are a changing; • Developing a creative city – the role of local government; • Delivering economic development through effective partnerships. Consultation There was no consultation undertaken in support of this report. Statutory and policy considerations Council’s Elected Member Professional Development Policy provides in part the following. The City of Subiaco recognises the importance of Elected Member participation in conferences, programs and training courses specifically designed for professional development relating to their role and responsibilities under the Local Government Act 1995. Participation in professional development opportunities ensures that Elected Members are provided with an appropriate level of skill and knowledge to enable them to effectively fulfil their role as an Elected Member. Strategic implications There are no strategic implications. Financial, social and environmental implications The early bird (July 8) registration fee is $995 per attendee. Additional costs include travel, accommodation and meals. Sufficient funds have been set aside in the 2016/17 draft budget to meet these costs as per normal budgetary provision. Attachment 1. Program brochure. CITY OF SUBIACO 69 E/16/169 28 JUNE 2016 T5 ORDINARY COUNCIL MEETING - MINUTES FINANCIAL STATEMENTS AND REPORTS FOR THE MONTH ENDING 31 MAY 2016 REPORT FROM DIRECTOR CORPORATE SERVICES Author: Date: File ref: Voting requirements: Manager Financial Services, Bianca Jones 13 June 2016 A/122-08 Simple - more than half elected members present required To vote in favour OFFICER/COMMITTEE RECOMMENDATION/COUNCIL DECISION Moved Cr Stroud/seconded Cr Rowe That the financial reports for the period ending 31 May 2016, incorporating the following items, be endorsed: • Financial activity statement report. • Balance sheet. • Cash flow statement • Cash backed reserves summary. • Aged trial balance (debtors). • Rates reconciliation and summary. • Summary of cash and investments. • Payments cash book. CARRIED ENBLOC 9/0 8.18pm Background The monthly financial reports provide an overview of the City’s financial performance. The attached reports represent a snap shot as at 31 May 2016. Comment Financial activity statement report The city’s revenues and expenditures are generally in line with budget expectations except as noted. Revenues and expenditures are detailed in the financial statements attached. Balance sheet The city has current assets of $60,177,613. The major components of which are cash and investments of $55,423,025, rates debtors of $499,407 sundry debtors of $4,619,908. There are current liabilities totalling $7,712,735 and cash backed reserves of $44,812,717. The City’s net current assets equal $52,464,878 less restricted assets (Reserves) of $44,812,717 resulting in a net current position of $7,652,161. Cash flow statement Net cash provided by operating activities is $2,308,019 for the period to date. The net cash used in financing activities is $112,217. Loan 126 totalling $400,000 for contribution to the Regal Theatre Foundation Ltd was drawn down in November 2015. Overall the cash flow statement shows that the city is well placed to meet its budgeted obligations. CITY OF SUBIACO 70 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Cash backed reserves summary The closing balance of cash backed reserves is $44,812,717. The reserve summary shows all movements to and from reserve to achieve the expected closing balance. The report provides information on the city’s ability to allocate funds for future projects by providing a closing balance comparison to budget. Reserve movements are reconciled and adjusted in December and June each year and where major movements are planned adjustments are also made to reserves in that period. Aged trial balance (debtors) The report provides a listing of outstanding debts payable to the City of Subiaco. The balance of debts outstanding at 31 May is $4,619,908. All debts that have been paid or written off after the end of month have been highlighted on the attached report. Payments of $15,066 were received after 31 May, reducing the balance of debts outstanding to $4,604,842 at the time of preparing the debtors report. The invoice to Subiaco Residential Apartments Pty Ltd which relates to the sale of Carter Lane Lot 62. An extended settlement date has been agreed which is 30th June 2016. A penalty interest payment will apply which at 31 May is calculated at $47,000 and the deposit of $146,100 has been released to the city. Bonchester Holdings Pty Ltd has disputed their overdue invoices. Their account has been referred to our solicitors whom have commenced legal proceedings to recover the outstanding debt. The city will be issuing one month’s notice ending the leasing arrangements with the city if payments are not met. Minus 20 Logistics have agreed to pay their overdue debt for May and June 2016. This payment has not yet been received. The city’s lease officer will follow up the outstanding debt, by 17 June 2016. The city’s lease officer is following up the outstanding debt by Oxford Uniforms Pty Ltd with Liquidator, for the period 13 October 2015 to 11 February 2016. Rates reconciliation summary Total rates and waste service charges levied for the year are $33,843,887. The payments received to date total $32,069,642, pensioner rebates claimed from State Treasury were $1,132,834. These payments and reductions resulted in a balance outstanding for rates and waste service charges of $641,031. A reconciliation of the rates and waste service charges is included in the attachments. Summary of cash and investments The overall balance of the city’s cash and investments and financial assets is $55,423,025. A summary of the cash and investments holdings is also included in the attachments. Payment to creditors Payment from the city’s accounts for the period totalled $3,844,424. Cheques were drawn and electronic fund transfers processed to the value of $2,652,536 from the municipal fund $20,750 from the trust fund for payment of creditors. Employee payments, made via electronic funds transfer totalled $1,171,138 for the period. Material payments for the month were as follows: CITY OF SUBIACO 71 E/16/169 28 JUNE 2016 Payment Ref. 894.5972-01 897.994-01 895.5442-01 Payment Ref. 892.5387-01 895.1774-01 894.586-01 895.3441-01 895.286-01 893.5457-01 895.1051-01 894.208-01 895.230-01 896.33-01 894.37-01 895.37-01 ORDINARY COUNCIL MEETING - MINUTES Payee Amount Description Anser Technical Australian Taxation Office Blackwell & Associates Pty Ltd $40,700.00 $189,083.00 $90,878.70 Energy Transition Plan Payroll Deductions Consultancy Services Payee Amount D & M Waste Management Digital Mapping Solutions Elliotts Irrigation Environmental Industries Forpark Australia Northerly Interiors Pty Ltd Public Transport Authority Synergy Town of Cambridge WA Super Western Metro Regional Council Western Metro Regional Council $43,061.48 $58,960.00 $54,247.94 $156,545.94 $57,200.00 $44,206.59 $31,641.70 $31,543.00 $121,000.00 $181,853.71 $69,214.12 $70,622.54 Description Bulk Waste Collection Consultancy Services Irrigation Maintenance Landscape Works Playground Equipment Building Refurbishment Shuttle Bus Service Usage Capital Contribution Payroll Deductions Tipping Fees Tipping Fees Consultation Public consultation was not relevant to the development of this report. Strategic Implications The city’s financial reporting contributes to achievement of the Strategic Plan aim relating to responsible stewardship: “To manage the community’s resources in the best long-term interests of all.” Statutory and Policy Considerations The Local Government Act 1995 and the Local Government (Financial Management) Regulations 1996 require a local government to prepare monthly financial reports. The reports are prepared based on the following statutory and policy considerations. (1) Form of financial activity statement report — s. 6.4(2) and Reg 34 (2) Payments from municipal fund or trust fund— s. 6.10(12) (13) (3) Trustees Act 1962 (Part III) (4) The city’s investment asset policy. Risk and Asset Implications A statement of financial activity and accompanying documents as set out in subregulation (2) are to be presented at an ordinary meeting of the council and recorded in the minutes of the meeting at which it is presented. If this report and its attachments are not endorsed then the city will be in breach of the Local Government Act and associated regulations. Financial The attachments show that the city’s financial performance for 2015/2016 is essentially in line with its budget. Social and Environmental Implications There are no specific social or environmental implications of this report. Attachments 1. Financial activity statement report (2 pages) 2. Balance Sheet (2 pages) 3. Cash Flow Statement (2 pages) 4. Cash backed reserves summary (1 page) CITY OF SUBIACO 72 E/16/169 28 JUNE 2016 5. 6. 7. 8. ORDINARY COUNCIL MEETING - MINUTES Aged trial balance (debtors) (2 pages) Rates reconciliation and summary (1 page) Summary of cash and investments (2 pages) Payments cash book and schedule of accounts May 2016 (55 pages) Councillor Arbuckle vacated the chair at 8.36pm. Mayor Henderson returned to the chamber and resumed the chair at 8.36pm. Cr Stroud and Cr Rowe returned to the chamber at 8.36pm. 10.3 ECONOMIC AND BUSINESS SUSTAINABILITY COMMITTEE ENBLOC DECISION Moved Cr McAllister/seconded Cr Burns That the recommendations relating to E7.1, E7.2 and E7.4 contained in the minutes of the Economic and Business Sustainability Committee of 1 June 2016 be adopted. CARRIED 10/0 8.37pm E7.1 SUBIACO STREET PARTY EVENT REVIEW REPORT FROM DIRECTOR DEVELOPMENT SERVICES Author(s): Manager Place Development, Marlaine Lavery Date: 20 May 2016 File Reference: A/4136 Voting Requirements: Simple - more than half elected members present required to vote in favour COMMITTEE RECOMMENDATION/COUNCIL DECISION Moved Cr McAllister/seconded Cr Burns That Council note the Subiaco Street Party event review and note that the draft 2016/17 budget has provisions for this event in April 2017. CARRIED ENBLOC 10/0 8.37pm OFFICER RECOMMENDATION That Council note the Subiaco Street Party event review. Background On Saturday 23 April 2016 the city hosted the Subiaco Street Party, attracting 35,000 people to Subiaco. The event was well received, with positive comments from the community, city staff and local media. The purpose of this report is to review the event in terms of the economic impact and the value of the event to the local business community. CITY OF SUBIACO 73 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES The purpose of the Subiaco Street Party was to bring the local and business community together to promote Subiaco as a destination of choice. Upbeat Events was contracted to deliver the event having previously been involved with events such as the Mt Hawthorn Streets and Laneways Festival, Light Up Leederville Carnival and Vic Park Summer Street Party. Comment Marketing and reach A marketing campaign was launched in order to promote the event to the widest possible range of people. Marketing the event not only attracted more visitors to the event, but was also useful in marketing Subiaco as a destination of choice. To reach the widest possible range of people, social media was used extensively in addition to the traditional forms of marketing. For social media, a method was adopted to strategically select pages and accounts that were identified as brand influencers or stakeholders in the event. This resulted in a successful Facebook campaign that reached 37,122 people. The promotional activities resulted in an estimated 35,000 people attending the event. The publicity summary (attachment 1) provides a detailed breakdown of the marketing campaign and overall marketing reach of the event. Local business response to the event Overall there was strong positive feedback from the local business community for the event, with 20 of the 23 businesses interviewed giving a positive response. Of these positive responses there was a strong opinion that the event gave Subiaco great exposure, showcasing all Subiaco has to offer. It is also important to note that not all of the local businesses who gave positive feedback on the event experienced direct economic gain on the day of the event. The graph below demonstrates that while a large proportion of those local businesses who had a positive opinion of the event also experienced positive economic returns on the event day, there were still a number of local businesses that in spite of experiencing no direct revenue shift or experiencing a decrease in revenue on the day, still considered the event to be positive for the area. CITY OF SUBIACO 74 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES REVENUE SHIFT FROM LOCAL BUSINESSES WHO GAVE POSITIVE FEEDBACK Decrease Increase Neutral Not stated 10% 20% 10% 60% The negative responses (2) to the event were due to unfortunate, unforeseeable logistical issues that had a direct impact on the local businesses. Strong efforts were made to outline the event area allowing any businesses to voice any perceived concerns, and these issues were not identified prior to the event. However, measures will be put in place to minimise the potential of logistical issues in the future. The neutral response (1) was due to a lack of business, as that particular business was located outside of the event area and reported significantly lower foot traffic in comparison to a normal trading Saturday. In future the city will continue to work with the event company and local businesses to find means of better including businesses that are located outside of the event area. However, it should be noted that this local business did consider the event to be great exposure for Subiaco. Direct revenue impact for local businesses A consideration of the interview was whether or not there was a shift in the overall takings on the event day, from that of a regular Saturday. Of the 23 interviewees, 17 were able to report the impact the event had on their businesses revenue. This is demonstrated in the graph below. SELF REPORTED LOCAL BUSINESS REVENUE SHIFT Decrease Increase 12% Neutral 18% 70% A very high proportion of the interviewed retailers experienced an increase in revenue on the day of the event. There was a small proportion of retailers who experienced a decrease in revenue on the event day. It should be noted that the businesses who experienced decreased revenue on the day did not participate in the event in any way, whilst all the local businesses who engaged with the event experienced an increase in revenue on the event day. CITY OF SUBIACO 75 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES The majority of interviewed businesses who were able to disclose whether there was a revenue shift for their business experienced an increase in revenue. As in the table demonstrated below, there was no overwhelming dominance of business type that had increased revenue on the day of the event. Decrease 3 (Café (Retail Increase (Café (Restaurant (Retail Neutral (Café (Retail Not stated (Café (Restaurant (Retail 1) 2) 12 3) 5) 4) 2 1) 1) 6 2) 1) 3) In terms of the actual economic increase in revenue as a value this was not something many of the local businesses were able to report with only 10 out of the 23 interviewed able to allocate a percentage value. The figures are self-reported by the businesses owners and are shown in the graph below. Local businesses SELF REPORTED LOCAL BUSINESS REVENUE INCREASE 3 2 15% 1 1 20% 25% 2 1 30% 35% 40% Percentage increase Of those local businesses able to report a shift in revenue there was an average increase in revenue of 26.4% for these businesses. Conclusions Overall the event was very well received by many of the local businesses, residents, visitors and the media. In addition the event provided great exposure for Subiaco, showcasing what Subiaco has to offer and marketing the city as a destination of choice. Whilst the event was only one day, the widespread exposure and attracting such a large number of visitors to Subiaco the event will likely have a lasting impact, with an economic return to the area. CITY OF SUBIACO 76 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Consultation A total of 23 interviews were conducted with businesses in the Town Centre both inside (16, 70%) and outside (7, 30%) of the event area from various sectors that would regularly trade on a Saturday. In total there were 7 café style businesses, 6 restaurant style businesses and 10 retail businesses. INTERVIEWEE'S BY BUSINESS TYPE Café Restaurant Retail 30% 44% 26% Overall the interviews were conducted as a snapshot of the local business community to ascertain their impression of the event, as well as to whether there were any direct economic impacts on their business on the event day. Strategic Implications The actions of this report address focus area three (A Unique Destination) in the Corporate Business Plan. These focus areas include strategies regarding a wide variety of entertainment options, supporting and encouraging new and existing businesses, establishing the Subiaco town centre as a destination of choice and a city that is frequented by local residents, workers and visitors. Statutory and Policy Considerations There are no statutory or policy implications for this report. Risk and Asset Implications There are no risk or asset implications for this report. Financial There are no financial implications for this report. Social and Environmental Implications One of the Subiaco Street Party’s objectives was to create a strong sense of community amongst not only residents, but also the local business owners. This was thoroughly achieved through the event, creating a lasting social impact on Subiaco. There was a strong focus on sustainability during the event. Attachments 1. The 2016 Subiaco Street Party – Publicity Summary CITY OF SUBIACO 77 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES E7.2 UPDATE ON PROFESSIONAL ADVICE REGARDING A FUTURE LEASING STRATEGY REPORT FROM DIRECTOR DEVELOPMENT SERVICES Author: Manager Place Development, Marlaine Lavery Date: 20 May 2016 File Reference: A/4135 Voting Requirements: Simple - more than half elected members present required to vote in favour COMMITTEE RECOMMENDATIONCOUNCIL DECISION Moved Cr McAllister/seconded Cr Burns That Council: 1. Note the actions outlined below. 2. Postpone the engagement of a professional leasing group for a six month period to allow the current actions and opportunities to be developed and implemented. 3. Receive a further Report in November 2016 on the progress of the actions detailed in the Report. 4. Facilitate a workshop and/or promotional event with the local leasing agents and businesses to work through the issues raised as soon as practicable. CARRIED ENBLOC 10/0 8.37pm OFFICER RECOMMENDATION That Council: 1. Note the actions outlined below 2. Postpone the engagement of a professional leasing group for a six month period to allow the current actions and opportunities to be developed and implemented 3. Receive a further Report in November 2016 on the progress of the actions detailed in the Report. 4. Facilitate a workshop with the local leasing agents to work through the issues raised. Background Council resolved at the November 2015 meeting (item E1): That the CEO investigate the engagement of a professional leasing group to “scout “ for additional traders and those that can add to our shopper , hospitality and general visitation appeal with a report on the investigation presented to the Economic and Business Sustainability Advisory Committee. The purpose of this report is to present the results of the discussions with local leasing agents (agents) that have taken place over the last few months. The report will detail some current strategies and opportunities and provide further short term actions. Comment In considering the Council resolution, it was important to understand why there are a number of vacancies in Subiaco town Centre and to gain some insight into the issues and constraints that appears to prevent agents attracting new businesses into the vacant units. Various meetings took place with local leasing agents specialising in the CITY OF SUBIACO 78 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES commercial sector and the information received gave a broad understanding of the issues that the agents face when trying to fill a vacancy in Subiaco Town Centre. The Issues According to the agents interviewed, about five years ago national and international brands were queuing for exposure on Rokeby Road and Subiaco was one of Perth’s most popular destinations for dining, shopping and entertainment. This has changed significantly with agents stating that business brokers were now reluctant to list Subiaco as the location in their advertising material as they consider it would inhibit enquires. The agents cited a number of similar issues and constraints that they face when trying to fill vacant space in Subiaco and these are consolidated and summarised below: Rent Expectations All of the agents mentioned this as being one of the main reasons for the high vacancy rate. The problem relates to the property owners optimistic rent expectations. While some owners are willing to review leases and provide good deals to fill their tenancies, others are not. The agents are finding it difficult to negotiate and reduce expectations of property owners, particularly where properties are owned by a number of family members, properties in multiple ownership and those that need to retain the value of their property as part of an asset portfolio. The agents reported that a few property owners are open to pop-ups as a concept to fill their vacant units but that this is considered a temporary solution. There is requirement for greater flexibility from the property owners and agents noted that typically those who are flexible and work with the current market find it easier to fill their vacant units. One building in the town centre for example has had the same tenancies for 20 years, however the owners are generally flexible and accommodate the current market trends when re-negotiating their leases. The current rental rate in Subiaco is approximately $400-$450 per square metres, however it is understood that there may be some businesses in Town Centre paying significantly more than this amount. Population The agents said that the existing catchment population in Subiaco is very small and that there are not enough people living within the Town Centre to support a business, after the workers leave the city for the day. They all agreed that higher densities are needed in the town centre to increase the day-to-day foot traffic and to boost the evening economy. This is a concern from both the existing businesses and new businesses. Competing centres such as Leederville, Mount Lawley, Claremont and Victoria Park have a greater population living in and around the town centre, with a younger demographic which is generally consistent with the higher density apartment living. This greater resident population is reported as giving new businesses some confidence in locating to these areas. The Council – ‘red tape’ The Council are perceived as being too restrictive with the requirements for permitted uses and parking requirements and a number of the agents have stated that they have had bad experiences with the city in the past. Most of the comments were specific to the Town Planning Schemes current parking requirements and the risk that they may be asked for ‘cash in lieu’ if they can’t meet the requirement for their proposed business. It is easier for a new business to locate elsewhere with less risk. The CITY OF SUBIACO 79 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES leasing agents feel that the ‘red-tape’ has prevented development in the past and that this has been to the detriment of the Town Centre. It should be noted that competing centres including Leederville, Mount Lawley, Claremont and Victoria Park all operate with similar scheme provisions relating to ‘cash-in-lieu’. Opportunities A number of the issues and constraints listed above are currently being addressed by the city and there are some new opportunities in the pipeline that will assist in making Subiaco a desirable destination. These are outlined below: Population The draft housing target for the City of Subiaco is 3,000 by the year 2031 and 6,200 by 2050 (noting that these forecasts do not take into account the boundary change under the City of Perth Act). The city’s Local Planning Strategy addresses the forecast population increases and the city is confident that it can accommodate these targets. Subi Centro, when completed will be home to 3,600 new residents living in 1,975 dwellings and will have created 305,100 square metres of commercial and retail space. New Development There are a number of new developments proposed for Subiaco which will boost the local economy including: • The redevelopment at 500 Hay Street (formerly the Ace Cinema site), which comprises of a cinema, hotel, commercial and retail is currently under construction. The hotel itself will be a draw for interstate visitors, with the cinema, offices and shops attracting people from surrounding suburbs. • the Pavilion Market site has planning approval for a 16 storey complex comprising 232 residential apartments, 94 short-stay apartments, 18 speciality shops, a supermarket, entertainment zone and conference facilities. • Viridian China Green (due for completion mid 2016) which comprises 74 residential apartments. • The redevelopment of the former Station Street Markets site was approved by the Metropolitan Redevelopment Authority in April 2015 and is currently under construction. This four storey retail and commercial development comprises a supermarket (Coles), a discount department store (Target), seven speciality shops and eight office tenancies. The Subiaco Activity Centre Structure Plan has been prepared and will be advertised in the near future, this will provide an up to date structure plan for the town centre. Parking The city is actively addressing the issue of parking and is currently developing the Town Centre and Subiaco East Parking Management Plan which will be presented to Council in May. A parking ‘app’ has recently been implemented allowing visitors to pay for parking by phone. The city is also proposing to undertake a 12 month trial of 3 hour free parking in Rowland Street Car Park. In addition to this the city will be working on a strategy for wayfinding in the town centre which will include entry signage at various points around Subiaco detailing available car parking. In the short term, a comprehensive parking map has been produced which is available on the city’s website that provides a clear guide on the types and duration of parking available within the Town Centre. CITY OF SUBIACO 80 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Subiaco Town Centre Network (The Network) Studies have found that a key component in improving a town centre is a partnership between the local businesses, local government and other stakeholders. The Network was set up in August 2015 and comprises of city officers, representatives from the Western Suburbs Business Association (WSBA) and local businesses. The remit of the group is to work collaboratively to create a calendar of events and make Subiaco a destination of choice. The Network has been instrumental in developing the new Brand for Subiaco and worked with the city to facilitate the Perth Comedy Festival and the Subiaco Street Party. Both of these events were hugely successful. Delivering these events on an annual basis will have a positive impact on the hospitality sector and will help establish Subiaco as a destination of choice. Economic Development The city is working collaboratively with Western Suburbs Business Association and Business Foundations through the ‘Business Beyond’ program to facilitate a number of workshops for local businesses in 2016. The ‘Business Beyond’ program is a federally funded small business initiative aimed at providing low cost training and advisory services to businesses employing less than 20 employees. The workshops focus on helping small businesses build new skills and they will receive on-going guidance from business mentors as they implement their new business know-how. These workshops could help the businesses re-think their product/offering and provide assistance for them to grow their businesses as the local economy changes. Marketing A new brand ‘See Subiaco’ has recently been developed with the official launch to occur in June this year. The city has been marketing Subiaco as a desirable destination particularly on social media, using the brand and logo to celebrate the successes of the local businesses and to advertise any new businesses coming into the area. A new website for See Subiaco will allow the businesses to participate and advertise their product on the site. ‘Red tape’ As part of on-going reviews aimed at reducing perceived ‘red tape’ and to help the businesses, the city abolished outdoor dining licence fees in April 2016. The Rokeby Road Streetscape project, currently under way, promotes outdoor dining further by providing raised car parking bays that can also be utilised by the businesses as alfresco dining areas. At its meeting in April, The Economic and Business Sustainability Advisory Committee recommended that Council consider waiving street trading fees and charges for local traders effective from 1 July 2016 to encourage retailers and businesses to display goods on the footpath in front of their premises. The fee is currently $25.00 per annum and the removal of this fee will be included in the Schedule of Fees and Charges as part of the 2016/17 Budget which is presented to Council in June. A draft planning policy is intended to be presented to Council within the next few months which will seek to address the need for planning approval within the Town Centre Zone if the intended use is permitted by the scheme and meets the relevant development standards. The provisions of the draft policy are intended to apply to existing buildings only however if adopted by Council this will address perceptions around the current parking requirement and provide leasing agents with greater certainty when trying to attract businesses. CITY OF SUBIACO 81 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Further Action All of the leasing agents who contributed are keen to maintain a relationship with the city and to keep the communication lines open. The city will continue to have regular conversations with the agents to help resolve any issues and constraints that they have. During the meetings with the agents some interim communication measures were agreed upon, these include: • That the Leasing Agents keep the Place Development team informed of any businesses leaving the area and the reasons why (where these are available). • That they would also come to Place Development in the first instance if they are having any difficulty in filling vacant units. • The Place team will help them address any individual issues and constraints that they may have with certain properties • The Place team will keep the leasing agents up-to-date with any changes in the town centre and/or legislative changes • The Place team will help facilitate pop-up shops in the vacant units. • The Place team will help promote and market any new businesses that locate in the town centre • The Place team will facilitate a workshop with relevant city officers and the local leasing agents to work through any issues that have been raised. Conclusion While the Council and the Business Community can help influence the increase in businesses locating to Subiaco, ultimately the market will determine the appropriate, and therefore most economically efficient, retail and commercial uses for the space. The issue is simply the need to retain existing businesses and attract new businesses to the town centre and the current actions and opportunities outlined above are helping to resolve the issue. However, there is a clear need to activate the vacant retail and commercial space as quickly as possible and this can be facilitated by establishing relationships with the local leasing agents and maintaining regular contact with them to help them overcome whatever obstacle they may have in leasing properties. It would be prudent at this stage to allow some of the actions and opportunities detailed above to be developed and implemented over the next 6 months and any progress reported back to Council in November 2016. Given that the discussions with agents working in the commercial sector has revealed that all are willing to actively “scout” for businesses to establish in Subiaco, it is therefore considered that engaging a single professional leasing agent ‘scout’ at this stage would be premature. Consultation No consultation is necessary for the purposes of this report. Strategic Implications The actions of this report address focus area three (A Unique Destination) in the Corporate Business Plan. This focus area includes strategies regarding a wide variety of entertainment options, supporting and encouraging new and existing businesses, establishing the Subiaco town centre as a destination of choice and a city that is frequented by local residents, workers and visitors. Statutory and Policy Considerations There is no legislation or specific Council policies relevant to this report. CITY OF SUBIACO 82 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Risk and Asset Implications There are minimal risk and asset implications associated with the recommendations of this report. Financial There no financial implications associated with the recommendations of this report. Social and Environmental Implications There are no additional social or environmental impacts or implications associated with the recommendations of this report. Attachments Nil CITY OF SUBIACO 83 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES E7.3 PROPOSED THREE HOUR FREE PARKING TRIAL – CAR STATION 13, ROWLAND STREET REPORT FROM CHIEF EXECUTIVE OFFICER Author: Chief Executive Officer, Don Burnett Date: 13 May 2016 File Reference: A/196 Voting Requirements: Simple - more than half elected members present required to vote in favour OFFICER/COMMITTEE RECOMMENDATION/COUNCIL DECISION Moved Cr McAllister/seconded Cr Rowe That Council: 1. Undertake a 12 month trial of 3 hour free parking in Car Station 13 (Rowland Street) commencing on 1 December 2016; 2. Undertake an economic impact assessment prior to the commencement of the trial and then during and following the trial to assess the economic benefit or otherwise of 3 hour free parking when compared to the current parking arrangements; and 3. Receive a further report on the outcomes of the trial no later than March 2018. CARRIED 7/3 CRS HEMSLEY, ARBUCKLE AND MUMMERY VOTED AGAINST 9.02pm Background The City offers a variety of parking options, with longer term parking generally located further away from the town centre. The main City owned carparks that would be considered shopper carparks, i.e. not set up for all day parking but more directed to a higher turnover rate to encourage more shoppers/hospitality customers, include Car Station 11 (Barker Road), Car Station 12 (lots 208, 210 and 218, located between Farmer Jacks and Coles supermarkets), Car Station 13 (Rowland Street) and Car Station 14 (Forrest, Rowland and Denis Streets). All of these carparks allow first hour free parking with a ticket and a maximum of 2 or 3 hour parking, with the exception of Car Station 14 which now offers the option of all day parking at a premium cost. Car Station 23 (Churchill Avenue) also offers 2 hour parking but not with the first hour free. The issue of free shopper parking is an ongoing point of contention with comparisons made to other localities where free 3 hour parking is provided. The City and private operators have a substantial number of off street parking bays that could be deemed shopper bays in close proximity to the town centre with the majority of city owned car parks being located south of Hay Street. One hour free is the standard offered by the City however there is no data to show the economic benefit of this, noting that across the City’s town centre car parks the forgone revenue of the first hour free is estimated at between $500,000 and $1,000,000. Comment It is proposed to undertake a 12 month trial on the provision of 3 hour free parking at Car Station 13 (Rowland Street) with a corresponding economic impact analysis of the impact. The purpose of 3 hours is to firstly encourage more visitations to Subiaco through promotion of this facility and secondly allow for the turnover of bays. The new ticket machines require the use of vehicle number plates, which means the vehicle can CITY OF SUBIACO 84 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES only stay in the carpark for one stay up to 3 hours per day, whereas the current ticketing system could mean multiple tickets and a churning of the first hour free with limited ability to manage this. It is most likely that these are not shoppers using this system. Should Council agree to the trial, it is intended to replace the ticket machines in this Car Station with the new machines to assist both in the management of parking compliance and the collection of data to analyse the benefits of the trial. The 2016/17 budget anticipates revenue of $90,000 for Car Station 13. Should the trial start in December 2016, in time for the Christmas period, the City will forgo approximately $52,500 in parking fees for the 2016/17 financial year, as there would be no fee income once the trial starts other than fines for breaches of the local law. The impact would also extend into 2017/18, which is estimated to be an additional $37,500, as the 12 month trial would conclude on 30 November 2017. An economic study involving local businesses would be done before the trial starts to understand what the current parking arrangements are generating and then analysis will occur during and after the trial to enable comparisons and better understanding of the economic impacts. The study should show the value of the trial in respect to the economic benefit to the retail sector in the City in particular. It is also anticipated the 3 hour free shopper car park should generate positive public relations for the City as parking is seen as a constant negative in the press. Apart from capitalising on the Christmas shopping period, the commencement of the trial on 1 December enables sufficient time for the collection of data to use for comparison purposes when assessing the economic value, the processing of any adjustments to the Schedule of Fees and Charges together with the required statutory advertising, the upgrading of ticket machines and associated changes to signage and public advertising of the initiative. It also provides an opportunity for local business to capitalise on the start of the trial as part of their Christmas marketing campaigns. The collection of data prior to the commencement of the trial is critical in understanding the value of the economic impact of providing shoppers with free parking. Data collection would include how often parkers come to Subiaco, whether visitation is increased during the trial period, and the identification of spending patterns and changes over the trial period. Consultation will also be undertaken with businesses adjacent to the Car Station regarding the identification of changes in customer visitation and spending and businesses will also be able to benchmark against their turnover at the commencement of the trial for their own business planning needs. Consultation There hasn’t been any community consultation in the development of this report however interviews, as part of the economic analysis, will take place with users during the trial. Strategic Implications Provision of a 3 hour free car park isn’t specifically included in the City’s Parking Strategy, however it is considered worthy of a trial to determine the economic benefit of such a facility. In regards to the City’s Strategic Community Plan, it fits in with: 3.3.2 – Work towards establishing the Subiaco town centre as a destination of choice. CITY OF SUBIACO 85 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES 5.3.1 – Develop a comprehensive parking system that considers both the supply and management of parking Statutory and Policy Considerations Parking fees are set under the City’s schedule of fees and charges and this would need to be amended to reflect the fee reduction. Risk and Asset Implications There is a reputational risk should there be major issues with the trial and the trial may need to be abandoned. Financial The 2016/17 budget anticipates Car Station 13 to generate $$90,000 in revenue. A trial of 3 hour free parking starting on 1 December 2016 and concluding on 30 November 2017 will see this reduced to $37,500 for 2016/17 and $52,500 in the 2017/18 financial year. Social and Environmental Implications The trial could generate greater shopper visitation, which would create a greater sense of vibrancy to the Subiaco town centre. Attachments There are attachments for this report. CITY OF SUBIACO 86 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES E7.4 ECONOMIC DEVELOPMENT STRATEGY REVIEW – PROGRESS UPDATE REPORT FROM DIRECTOR DEVELOPMENT SERVICES Author(s): Manager Place Development, Marlaine Lavery Date: 20 May 2016 File Reference: A/4136 Voting Requirements: Simple - more than half elected members present required to vote in favour OFFICER/COMMITTEE RECOMMENDATION/COUNCIL DECISION Moved Cr McAllister/seconded Cr Burns That Council note the progress on the Economic Development Strategy Review. CARRIED ENBLOC 10/0 8.37pm Background At its meeting on 19 April 2016 Council resolved to: 1. Support the Economic Development Strategy Proposed Implementation Plan and budget 2016/2017; 2. Support the methodology for the review of the Economic Development Strategy and note that updates on progress will be provided through the Economic and Business Sustainability Advisory Committee. The review ensures that the document remains relevant and is aligned with the current economic climate and the city’s strategic documents such as the corporate business plan and the strategic financial plan. The purpose of this report is to provide an update on the progress of the review. Comment The city has engaged an economic development consultant Kirkgate Consulting to assist in the review of the strategy. As well as having extensive experience in creating economic development strategies, Kirkgate Consulting recently conducted the Retail and Hospitality Assessment of the Subiaco Town Centre and therefore have a thorough understanding of Subiaco’s local economy. The methodology outlined three stages for the review: 1. Where are we now? 2. Where do we want to be? 3. How are we going to get there? At present the majority of stage one has been completed, however the final economic snapshot report has not been finalised. The reason for this is the boundary adjustment required by the City of Perth Act 2016 renders many of the previous data collected for the City of Subiaco no longer relevant, including some Australian Bureau of Statistics data. As such the city has had to engage a consultant to conduct geospatial economic modelling to examine the impact of the boundary shift will have on the economic profile of Subiaco. This modelling will be conducted by combining mesh blocks of data for the area to create a statistical area that reflects the new boundary adjustment. Once complete the economic snapshot report can be produced. CITY OF SUBIACO 87 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Work on stage two has already commenced, with the Elected Members consultation now complete. Engagement with the local business community will consist of one-onone interviews with Kirkgate Consulting. Further engagement will continue with two workshops, one for the Executive Leadership Team, and the second for the Economic and Business Sustainability Advisory Committee, and are on track to be complete by mid-June. The next stage of works will commence when the consultation process is complete. This will involve summarising the consultation feedback and examining the proposed future economic direction of the city. Strategies will then be developed towards achieving the outcomes Consultation No additional consultation is required at this stage, other than the consultation outlined in the report. Strategic Implications The commitments of the Corporate Business Plan will be incorporated into the review of the Economic Development Strategy. Statutory and Policy Considerations The development of an economic development strategy is consistent with requirements of Section 1.3(3) of the Local Government Act 1995, which states ‘in carrying out its functions a local government is to use its best endeavours to meet the needs of current and future generations through an integration of environmental protection, social advancement and economic prosperity’. Risk and Asset Implications At this stage of the project there is no additional corporate risk. Financial The project’s budget has already been considered and there are no further financial implications for this report. Social and Environmental Implications The social implications of an economic development strategy are positive and farreaching. Effective economic development strategies and actions can ensure that the city’s economy is strong and vibrant and that the city is a unique, popular and welcoming place for businesses, residents and visitors. All of which contributes to a higher level of wellbeing and standard of living in the local community. There are no environmental implications for this report. Attachments There are no attachments for this report. CITY OF SUBIACO 88 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES 10.4 EMPLOYEE REPORTS ENBLOC DECISION Moved Cr Burns/seconded Cr Rowe That the recommendations relating to C2 and C3 contained in the agenda of the Ordinary Council meeting of 28 June 2016 be adopted. CARRIED 10/0 9.02pm C1 55 SALVADO ROAD, SUBIACO - RECONSIDERATION UNDER SECTION 31(1) OF THE STATE ADMINISTRATIVE TRIBUNAL ACT, 2004 OF DECISION TO REFUSE AN APPLICATION FOR A CHANGE OF USE FROM SHOWROOM TO SHOP (GROWERS LANE) (7.2015.188.1) (DR 66/2016)* This item was dealt with before item T1. See page 42. C2 AWARD OF TENDER A/4261 – ROKEBY ROAD STREETSCAPE PROJECT – STREET LIGHTING POLE* REPORT FROM DIRECTOR TECHNICAL SERVICES Author(s): Manager Project Delivery, Peter van Gent Date: 22/06/2016 File Reference: A/4101, A/4261, R/146-03 Voting Requirements: Simple - more than half elected members present required to vote in favour OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr Burns/seconded Cr Rowe That Council: Awards tender A/4261 for the Rokeby Road Streetscape Project – Street Lighting Poles to MFP Systems Pty Ltd for the lump sum price of $391,340.00 exclusive of GST. CARRIED ENBLOC 10/0 9.02pm Background At its Ordinary Meeting held on 15 December 2015 council resolved: That Council endorses the implementation of Option 6 for the Rokeby Road Streetscape project and to prepare detailed design/construction drawings, project and traffic management plans and tenders be called accordingly. The scope of works for the Streetscape Upgrade, as part of the holistic Rokeby Road Streetscape upgrade and outlined in the 15 December 2015 Council report, includes; works to the existing median strip, new flush and semi mountable kerbing within the median strip, Installation of new bollards, supply and install new road pavement within the median strip, supply and install red asphalt within the median strip, supply and install new tactile pavers within the median strip and crosswalks; and upgrade of the street lighting. CITY OF SUBIACO 89 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Tenders were called for the A/4261 Rokeby Road Streetscape Project – Street Lighting Poles and have now been evaluated. The purpose of this report is to comment and recommend tender A/4261. Comment Public Tender On Saturday 28 May 2016 the city advertised a request for tender for the Rokeby Road Streetscape Project – Street Lighting Poles. On Tuesday 7 June 2016 a noncompulsory site meeting was held, attended by 2 interested parties. The tender closed on Wednesday 15 June 2016. A total of 4 compliant and 2 Alternative tenders were received from the following companies; Tenderer MFP Systems Pty Hub Street Equipment Auspole Products Tuart Engineering Compliant Yes Yes Yes Yes Alternative Yes Yes Scope of Works The Scope of works was for the supply of 49 single outreach poles, 4 double outreach poles and 53 starfinned nail footings. Respondents were asked to base tenders on the drawings and specifications included with the tender documentation developed for the implementation of option 6 for the Rokeby Road Streetscape Project. Assessment Criteria Quality of tender submission varied from high to moderate. The experience in delivery for local government street light program varied considerably amongst the tenders. There were also differentials between quality assurances processes for manufacturer and assembly and uncertain timeframe being offered. The compliant and alternative tenders were assessed against qualitative criteria which included: Description of Criteria Weighting Demonstrated experience in suppling and manufacturing similar specialised items 30% Respondents resources and delivery times 40% Quality Assurance 25% Evaluation of environmental performance as detailed in the completed environmental questionnaire - organisation or product environmental performance. See part 4.5 5% The tender evaluation panel (consisting of city officers) assessed the submissions against the above qualitative criteria. CITY OF SUBIACO 90 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Following the assessment of the qualitative criteria, the submission from MFP Systems Pty Ltd ALTERNATE presented as the highest of the average qualitative scores and ranked the highest amongst all evaluation panel members. The tenders were then also ranked in order of tender price as shown on page one of the confidential attachment to this report, which resulted in MFP Systems Pty Ltd ALTERNATE being considered the best value for money proposal. MFP Systems Pty The submission from MFP Systems Pty demonstrated the greatest understanding of the outcome sought by the city and scored the highest in respect to the information provided for assessment of the qualitative criteria. MFP Systems Pty proposed an alternate tender which details their Multi-Functional Pole used at several municipalities, including by the City of Perth at Forrest Place and St Georges Terrace. It meets all the functional criteria outlined within the design drawings and specifications, including use as catenary poles. Further assessment of the submission from MFP Systems Pty was conducted which included discussions with referees, analysis of quantities and confirmation of price. MFP Systems Pty in their tender provided a lump sum price of $391,340.00. The tender evaluation panel agreed that based on qualitative criteria and value for money MFP Systems Pty presented as the preferred tender. Consultation Extensive community consultation was carried out during the 'Subiaco Town Centre Public Realm Design and Streetscape Enhancement Proposal' in 2014. A consultation programme has commenced with the community with several letter drops and including personalised letter and discussions with business proprietors along affected sections of Rokeby Road and Hay Street. These will be followed up with regular visits of the project officers. Community consultation will continue to be carried out prior to any works commencing on site, including updating the FAQ information sheet and City’s website. Strategic Implications The project is consistent with the strategies outlined within Focus Area Three – A Unique Destination in the city’s Strategic Community Plan and with the associated actions in the City’s Corporate Business Plan. Statutory and Policy Considerations Street improvements are required to comply with the Australian Standards, Main Roads Road Design Guidelines, Public Transport Authority Guidelines and the Utility Providers Code of Practice for Western Australia. The proposed works are consistent with the City’s vision for its town centre identified through its Activity Centre Structure Plan. Tenders for the works have been invited in accordance with the requirements of Section 3.57 of the Local Government Act 1995 and the City of Subiaco Purchasing Policy. CITY OF SUBIACO 91 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Risk and Asset Implications Risks have been identified in relation to poor quality, liquidated supplier, major safety incident, loss of revenue to business. Mitigation of these risks are in place which include a communication plan to notify all stakeholders, selective criteria applicable to safety, experience and quality on delivering similar works. These mitigation strategies and the signing of general conditions of contract reduce the risks significantly. Financial The amount of $391,340.00 for the tender award A/4261 is within the 2015/16 uncommitted funds for Rokeby Road Street Lights upgrade budget account. Social and Environmental Implications There are no specific social or environmental implications to this report Attachments 1. Tender Price table (confidential) CITY OF SUBIACO 92 E/16/169 28 JUNE 2016 C3 ORDINARY COUNCIL MEETING - MINUTES MATTERS FOR INFORMATION* REPORT FROM CHIEF EXECUTIVE OFFICER Author: Executive Assistant, Kerry Plantinga Date: 16 June 2016 File Reference: A/4095 Voting Requirements: Simple - more than half elected members present required to vote in favour OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr Burns/seconded Cr Rowe That Council receive the information in this report. CARRIED ENBLOC 10/0 9.02pm Background The City of Subiaco regularly receives and produces information for receipt by the Elected Members. The purpose of this item is to keep Elected Members informed on items for information received by the City. Comment The following reports are presented to Council at the Ordinary Council meeting of each month. Attached are the following updates: • • • • • May 2016 Monthly Planning Report Building and Health Monthly Statistics – May 2016 Facebook and website data – 20 May – 17 June 2016 Seal Register – May 2016 Capital Works Programme Report Consultation No community consultation recommendation of this report. was considered necessary in relation to the Strategic Implications There are no strategic implications for this report. Statutory and Policy Considerations There are no statutory or policy implications for this report. Risk and Asset Implications There are no risk and asset implications for this report. Financial There are no financial implications for this report. CITY OF SUBIACO 93 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES Social and Environmental Implications There are no social or environmental implications for this report. Attachments 1. May 2016 Monthly Planning Report 2. Building and Health Monthly Statistics – May 2016 3. Facebook and website data – 20 May – 17 June 2016 4. Memo – Seal Register – May 2016 5. Capital Works Programme Report CITY OF SUBIACO 94 E/16/169 28 JUNE 2016 11. ORDINARY COUNCIL MEETING - MINUTES ELECTED MEMBERS’ MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN C11.1 ELECTED MEMBER’S MOTION – PARKING ON STUBBS TERRACE Submitted by: Cr Lee Hemsley Date: 18 June 2016 Voting requirements: Absolute majority – 7 elected members required to vote in favour. ELECTED MEMBER’S MOTION Moved Cr Hemsley/seconded Cr Mummery That the price of paid parking on Stubbs Terrace Daglish be adjusted as follows in the Schedule of Fees and Charges effective from 1/9/2016:1. North east of Munsie Avenue, to be capped at $8 per day 2. South west of Munsie Avenue to Nash St, to be capped at $4 per day 3. Hourly rate in both the above areas to remain unchanged. LOST 4/6 MAYOR HENDERSON, CRS MCALLISTER, ROWE, GEDERO, ARBUCKLE AND MUMMERY VOTED AGAINST 9.15pm Cr Hemsley provided the following reasons: The week day paid parking availability rate on Stubbs Terrace NE of Munsie Avenue is close to zero as indicated on Nearmap aerial photographs covering the period when paid parking was introduced. The week day paid parking availability rate on Stubbs Terrace SW of Munsie Avenue to Luth Avenue is close to 100% as indicated on Nearmap aerial photographs for the same period. The week day parking availability rate for the entire South side of Stubbs Terrace between Luth Avenue and Hay Street prior to the implementation of paid parking was close to zero. From the above one can conclude that the parking resource on Stubbs Terrace SW of Munsie Avenue is underused as a result of being priced too high, and saturated NE of Munsie Avenue as a result of being under-priced. Both these conditions result in a loss of potential earnings to the City of Subiaco and a less than optimal use of the publicly funded road resource. This inefficient response to the Market also gives confusing price signals when the market price of nearby parking areas is being estimated. Officer Comment Installation of paid parking in Stubbs Terrace, was endorsed by council at its February 2014 Ordinary Meeting. Tenders were subsequently called for the ongoing provision of ticket machines including 10 for this installation. The fee to be applied was adopted by Council in conjunction with adoption of the 2015/16 budget, the rate being 0.20 per 911 minutes with a daily maximum $6.00 and has generated $43,294 to date. The paid parking station became operative in January 2016. The observation that the section of Car Station 42 south of Munsie Avenue is not as well utilised as the area to the north, is confirmed by analysis of transactions through CITY OF SUBIACO 95 E/16/169 28 JUNE 2016 ORDINARY COUNCIL MEETING - MINUTES the various ticket machines. The proposed change can be achieved but not without its implications:If two different charge rates are desired for Stubbs Terrace, the area would need to be separated into two car stations, such as Stubbs Terrace North (CS 42) and Stubbs Terrace South (CS 70). This would allow for the different rates to be programmed for the ticket machines and creation of separate EasyPark Zones. Officers feel that a better point of separation would be McCallum Street creating a larger and more obvious divide between the two sections. This change would require the following to be completed:• Manufacture and installation of signs to designate different EasyPark zones • Manufacture and installation of different face plates for the ticket machines • Programming changes for the machines • A new car station created in the enforcement devices and associated support software Further observations • Although the principle of pricing to manage demand is supported, considering one section of a car station separate from another was not contemplated. • The situation outlined may not be a matter of pricing but more a matter of proximity to the intended destination, being the town centre and the hospital. • The schedule of fees and charges within the budget documents would need to be adjusted If left unattended they would, when adopted by Council during July 2016, unwittingly supersede this decision. • There is some minor concern that the different pricing regime may cause confusion among the customers. 12. NEW BUSINESS OF AN URGENT NATURE APPROVED BY THE PERSON PRESIDING OR BY A DECISION OF THE MEETING Nil. CITY OF SUBIACO 96 E/16/169 28 JUNE 2016 13. ORDINARY COUNCIL MEETING - MINUTES MEETING CLOSED TO THE PUBLIC PROCEDURAL MOTION Moved Cr Rowe/seconded Cr McAllister That the meeting be closed to the public for the purpose of discussing items C13.1, P1 and P2 as it is required that these matters be dealt with behind closed doors under section 5.23 (2), (c) and (e) of the Local Government Act 1995. CARRIED 10/0 9.16pm C13.1 FORREST SQUARE – CONFIDENTIAL* REPORT FROM DIRECTOR CORPORATE SERVICES Author(s): Coordinator Land and Property, Alice Kavanagh Date: 14 June 2016 File Reference: A/3035-02 Voting Requirements: Simple - more than half elected members present required to vote in favour OFFICER RECOMMENDATION The Council decision considered behind closed doors, including voting, is included in the separate and confidential minutes. Councillor Arbuckle left the chamber at 9.39pm. CITY OF SUBIACO 97 E/16/169 28 JUNE 2016 P1 ORDINARY COUNCIL MEETING - MINUTES BUSINESS PLAN - MAJOR LAND TRANSACTION - 133 SALVADO ROAD, JOLIMONT - CONFIDENTIAL REPORT FROM DIRECTOR CORPORATE SERVICES Author(s): Director Corporate Services, Scott Hawkins Coordinator Land and Property, Alice Kavanagh Date: 10 June 2016 File Reference: A/3584-02 Voting Requirements: Absolute majority – 7 elected members required to vote in favour. COMMITTEE RECOMMENDATION/COUNCIL DECISION Moved Cr Burns/seconded Cr McAllister That Council: 1. In accordance with section 3.59 of the Local Government Act (1995) and having considered submissions made in response to the Business Plan as advertised, resolves to proceed with the major land transaction at 133 Salvado Road, Jolimont. 2. Authorises the Chief Executive Officer to call tenders via an expression of interest process seeking to appoint a suitably qualified real estate professional to manage the process for the sale of the property at 133 Salvado Road, Jolimont. 3. Submissions are to include, but not be limited to, sales methodology, planning considerations, timelines, fee schedule, expected sales price with a higher and lower margin and the capacity of the agent. 4. To place the decision on the public record. CARRIED BY AN ABSOLUTE MAJORITY VOTE 9/0 9.41pm Councillor Arbuckle returned to the chamber at 9.43pm. CITY OF SUBIACO 98 E/16/169 28 JUNE 2016 P2 ORDINARY COUNCIL MEETING - MINUTES 592 TO 616 HAY ST AND 2 BISHOP ST, JOLIMONT – DISPOSAL OPTIONS CONFIDENTIAL REPORT FROM DIRECTOR CORPORATE SERVICES Author: Director Corporate Services, Scott Hawkins Date: 9 June 2016 File Reference: A/3565 Voting Requirements: Simple - more than half elected members present required to vote in favour COUNCIL DECISION Moved Cr Burns/seconded Cr McAllister 1. If Council proceeds with the major land transaction for the disposal of 592 to 616 Hay Street and 2 Bishop Street, as advertised in the Business Plan dated May 2016, then the CEO is authorised to undertake demolition excluding the two buildings at 592 and 594 Hay Street, remediation if required and apply to the WAPC for subdivision approval for three lots, prior to disposal by public auction. 2. To place the decision on the public record. CARRIED 9/1 CR ARBUCKLE VOTED AGAINST 10.10pm 14. CLOSURE OF MEETING The presiding member declared the meeting closed at 10.10pm. CITY OF SUBIACO 99 E/16/169
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