ordinary meeting of council - swan.wa.gov.au€¦ · 07 november 2012 page 4 4. operational matters...

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CITY of SWAN MINUTES ORDINARY MEETING OF COUNCIL 07 NOVEMBER 2012 ATTENTION These minutes are subject to confirmation. Prior to acting on any resolution of the Council contained in these minutes, a check should be made of the minutes of the following Ordinary Meeting of Council to ensure that there has not been a correction made to the resolution. MINUTES ARE AVAILABLE ON THE WEBSITE www.swan.wa.gov.au

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Page 1: ORDINARY MEETING OF COUNCIL - swan.wa.gov.au€¦ · 07 november 2012 page 4 4. operational matters 19 4.1 midland youth services hub design report 19 5. financial and legal matters

CITY of SWAN

MINUTES

ORDINARY MEETING OF COUNCIL

07 NOVEMBER 2012

ATTENTION

These minutes are subject to confirmation.

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

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

MINUTES ARE AVAILABLE ON THE WEBSITE

www.swan.wa.gov.au

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Ordinary Meeting of Council 07 November 2012

Page 3

TABLE OF CONTENTS

PART A - OPENING PROCEDURES 6

1. OPENING AND ANNOUNCEMENT OF VISITORS 6

2. DISCLAIMER (READ ALOUD BY PRESIDING MEMBER) 6

3. ATTENDANCE AND APOLOGIES 6

4. ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE 7

5. DECLARATIONS OF FINANCIAL INTERESTS AND INTERESTS AFFECTING

IMPARTIALITY 7

6. PUBLIC QUESTION TIME 7

7. PUBLIC STATEMENT TIME 8

8. LEAVE OF ABSENCE 8

9. PETITIONS, PRESENTATIONS AND DEPUTATIONS 8

10. CONFIRMATION OF MINUTES 9

11. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION 9

12. DECLARATIONS BY MEMBERS WHETHER THEY HAVE GIVEN DUE

CONSIDERATION TO ALL MATTERS CONTAINED IN THE AGENDA

PRESENTLY BEFORE THE MEETING 9

13. MEMBERS' QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

WITHOUT DISCUSSION 9

14. MEMBERS' QUESTIONS OF WHICH NOTICE HAS NOT BEEN GIVEN

WITHOUT DISCUSSION 9

15. ANY BUSINESS LEFT OVER FROM PREVIOUS MEETING 9

15.1 PROPOSED LAND EXCHANGE / DEDICATION OF LOT 10 LAKESHORE CLOSE,

BALLAJURA 9

15.2 PROPOSED PRIVATE CAR PARK & ACQUISITION OF LOT 82 (NO 10) KEANE STREET, MIDLAND 10

PART B - REPORTS 12

1. CORPORATE PLANNING AND POLICY 12

2. COMMUNITY PLANNING AND DEVELOPMENT 12

2.1 ADOPTION OF SWAN CYCLECONNECT STRATEGY 12

3. STATUTORY PLANNING 13

3.1 PROPOSED ALTERATIONS AND ADDITIONS TO LOTS 1, 2 & 3 (NO.110) HELENA STREET, GUILDFORD 13

3.2 PROPOSED COMMERCIAL VEHICLE PARKING: LOT 201 GREENHEAD STREET, BULLSBROOK 17

3.3 PROPOSED AMENDMENT NO.91 TO LOCAL PLANNING SCHEME NO.17 - RECODING LOT 450 LORD STREET, CAVERSHAM FROM R20 TO R30 18

3.4 PROPOSED AMENDMENT TO ODP FOR ADDITIONAL USE 'MEDICAL CENTRE' ('D') - LOT 302 (49) KIMBERLY STREET BULLSBROOK 19

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Ordinary Meeting of Council 07 November 2012

Page 4

4. OPERATIONAL MATTERS 19

4.1 MIDLAND YOUTH SERVICES HUB DESIGN REPORT 19

5. FINANCIAL AND LEGAL MATTERS 20

5.1 2011/2012 ANNUAL REPORT 20

5.2 BUDGET ADJUSTMENTS 2012/13 20

5.3 CHANGE IN BASIS OF VALUATION 21

6. GOVERNANCE 21

6.1 MINUTES OF AUDIT COMMITTEE MEETING HELD ON 23 OCTOBER 2012 21

7. REPORTS OF THE CHIEF EXECUTIVE OFFICER 22

8. MOTION TO ADOPT THOSE ITEMS NOT WITHDRAWN 22

9. URGENT BUSINESS 22

PART C - OTHER BUSINESS AND CLOSING PROCEDURES 24

1. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 24

2. NOTICE OF MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING

IF GIVEN DURING THE MEETING 24

3. CONFIDENTIAL ITEMS 24

3.1 PROPOSED LAND EXCHANGE / DEDICATION OF LOT 10 LAKESHORE CLOSE, BALLAJURA 24

3.2 PROPOSED PRIVATE CAR PARK & ACQUISITION OF LOT 82 (NO 10) KEANE STREET MIDLAND 25

3.3 SUBMISSION FOR PURCHASE OF THE AUSTRALIAN GOVERNMENTS LOTS 1, 2 & 3 WATERHALL ROAD, SOUTH GUILDFORD 25

3.4 CHILD AUSTRALIA LEASE ARRANGEMENTS 26

4. CLOSURE 26

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Ordinary Meeting of Council 07 November 2012

Page 5

CITY of SWAN

ORDINARY COUNCIL

MEETING

PART A

OPENING PROCEDURES

07 NOVEMBER 2012

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Ordinary Meeting of Council 07 November 2012

Page 6

MINUTES OF THE ORDINARY MEETING OF COUNCIL

HELD AT MIDLAND TOWN HALL

ON WEDNESDAY 7 NOVEMBER 2012 COMMENCING AT 5.30PM

PART A - OPENING PROCEDURES

1. OPENING AND ANNOUNCEMENT OF VISITORS

The Mayor welcomed those present and opened the meeting at 5.30pm.

2. DISCLAIMER (read aloud by Presiding Member)

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

during this meeting.

Where an application for an approval, a licence, or the like is considered or determined during this meeting the City warns that neither the applicant nor any

other person or body should rely upon that discussion or determination until written notice of either an approval and the conditions which relate to it or the refusal of the application has been issued by the City.

Conditions of Entry: No audio recording, video recording, or photography is

permitted within the premises. A person who breaches this condition of entry will be required to immediately leave the premises pursuant to the provisions of Section 6.1 of Council's Standing Orders Local Law 2010.

Cr Elliot entered the Chamber at 5.31pm.

3. ATTENDANCE AND APOLOGIES

Councillors: Cr C Zannino Mayor, Swan Valley/Gidgegannup Ward

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

Cr M Haynes Ballajura Ward Cr J McNamara Ballajura Ward Cr N Cheung Ellenbrook Ward Cr P Williams Ellenbrook Ward

Cr T Williams Guildford Ward Cr M Elliott Midland Ward (from 5.31pm) Cr S Gregorini Midland Ward

Cr J Marino Midland Ward Cr K Bailey North Ward Cr D Trease Swan Valley/Gidgegannup Ward

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Ordinary Meeting of Council 07 November 2012

Page 7

Staff: Mr M Foley Chief Executive Officer Mr C Cameron Executive Manager Corporate Services

Mr J Coten Executive Manager Operations Mr S Tan Executive Manager Planning and

Development Mr M Bishop Executive Manager Community Services

Mr P Russell Manager Statutory Planning Ms H Harrison Manager Council Support Miss M Dwyer Governance Support Officer (Minute

Clerk)

Leave of Absence: Cr D Färdig Altone Ward

Cr M Congerton Ballajura Ward

Apologies: Nil

Members of

the Public: 3

Media: 1

4. ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE

Nil.

5. DECLARATIONS OF FINANCIAL INTERESTS AND INTERESTS AFFECTING IMPARTIALITY

Nil.

6. PUBLIC QUESTION TIME

6.1 Questions relating to reports contained in the agenda

6.1.1 Questions of which due notice has been given in writing or previously taken on notice

Nil.

6.1.1 Questions without notice

Nil.

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6.2 Other Questions

6.2.1 Questions of which due notice has been given in writing or

previously taken on notice

Nil.

6.2.2 Questions without notice

Nil.

7. PUBLIC STATEMENT TIME

Nil.

8. LEAVE OF ABSENCE

RESOLVED UNANIMOUSLY that the following Councillors be granted leave of

absence for the period requested:

Cr T Williams - Guildford Ward 14 November 2012

Cr Wainwright - Altone ward 5 December 2012

(Cr Trease - Cr P Williams)

9. PETITIONS, PRESENTATIONS AND DEPUTATIONS

9.1 Petitions

9.1.1 Petition containing 21 signatures requesting the speed limit on Oakover Road, Middle Swan be reduced to 60km/hr.

RESOLVED UNANIMOUSLY that the above petition be referred to the Chief Executive Officer and a report be presented to a future Council

meeting.

(Cr Trease - Cr Elliott)

9.2 Presentations

Nil.

9.3 Deputations

Nil.

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Ordinary Meeting of Council 07 November 2012

Page 9

10. CONFIRMATION OF MINUTES

10.1 Confirmation of Minutes of Ordinary Meeting of Council held on 17 October

2012.

RESOLVED UNANIMOUSLY that the Minutes of the Ordinary Meeting of Council held on 17 October 2012 be confirmed.

(Cr Wainwright - Cr Bailey)

11. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION

Cr Zannino congratulated Ms Kaitlyn Offer of the Midland Reporter on her award

won at the WA Media Awards.

Cr Zannino wished Cr Gregorini belated birthday wishes.

12. DECLARATIONS BY MEMBERS WHETHER THEY HAVE GIVEN DUE CONSIDERATION TO ALL MATTERS CONTAINED IN THE AGENDA PRESENTLY BEFORE THE MEETING

All Councillors present declared that they had given due consideration to all matters contained in the agenda before the meeting.

13. MEMBERS' QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN WITHOUT DISCUSSION

Nil.

14. MEMBERS' QUESTIONS OF WHICH NOTICE HAS NOT BEEN GIVEN WITHOUT DISCUSSION

Nil.

15. ANY BUSINESS LEFT OVER FROM PREVIOUS MEETING

15.1 PROPOSED LAND EXCHANGE / DEDICATION OF LOT 10 LAKESHORE

CLOSE, BALLAJURA

Council at its meeting held on 5 September 2012 resolved to defer this matter so

that the possible legal implications can be investigated. This item was dealt with under Part C, Item 3.1.

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Page 10

15.2 PROPOSED PRIVATE CAR PARK & ACQUISITION OF LOT 82 (NO 10)

KEANE STREET, MIDLAND

Council at its meeting held on 17 October 2012 resolved to defer this matter to further discuss alternative options. This item was dealt with under Part C, Item 3.2.

Cr Wainwright left the Chamber at 5.39pm.

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Ordinary Meeting of Council 07 November 2012

Page 11

CITY of SWAN

ORDINARY COUNCIL

MEETING

PART B

REPORTS

07 NOVEMBER 2012

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Ordinary Meeting of Council 07 November 2012

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PART B - REPORTS

Cr Wainwright returned to the Chamber at 5.40pm.

1. CORPORATE PLANNING AND POLICY

Nil.

2. COMMUNITY PLANNING AND DEVELOPMENT

2.1 ADOPTION OF SWAN CYCLECONNECT STRATEGY

Ward: (All Wards) (Strategic Planning)

Disclosure of Interest: Not applicable

Authorised Officer: (Executive Manager Planning and Development)

RECOMMENDATION

That the Council resolve to:

1) Adopt the Swan Cycleconnect Strategy to guide future investment in cycle infrastructure in the City of Swan;

2) Incorporate the network information for the Midland Activity Centre as contained

in the Strategy into the Midland Activity Centre Structure Planning process;

3) Align the proposed linkages within the Strategy with the City’s road construction and maintenance program;

4) Actively pursue opportunities for external funding to supplement the City's

contribution.

MOTION that Council resolve to:

1) Adopt the Swan Cycleconnect Strategy to guide future investment in dual use path infrastructure in the City of Swan, including the achievement of complete connectivity between Ballajura and Whiteman Park;

2) Incorporate the network information for the Midland Activity Centre as contained

in the Strategy into the Midland Activity Centre Structure Planning process;

3) Align the proposed linkages within the Strategy with the City’s road construction and maintenance program;

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4) Actively pursue opportunities for external funding to supplement the City's contribution.

5) Record the reason for changing the staff recommendation to confirm that the connectivity

(Cr McNamara - Cr Haynes)

RESOLVED UNANIMOUSLY to:

1) Adopt the Swan Cycleconnect Strategy to guide future investment in dual use path infrastructure in the City of Swan, including the achievement of complete connectivity between Ballajura and Whiteman Park;

2) Incorporate the network information for the Midland Activity Centre as contained in the Strategy into the Midland Activity Centre Structure Planning process;

3) Align the proposed linkages within the Strategy with the City’s road construction

and maintenance program;

4) Actively pursue opportunities for external funding to supplement the City's contribution.

5) Record the reason for changing the staff recommendation to confirm that the

connectivity

3. STATUTORY PLANNING

3.1 PROPOSED ALTERATIONS AND ADDITIONS TO LOTS 1, 2 & 3 (NO.110)

HELENA STREET, GUILDFORD

Ward: (Guildford Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

RECOMMENDATION

That the Council resolve to:

1) Approve the proposed alterations and additions at Lots 1,2 and 3 (No.110)

Helena Street Guildford subject to the following conditions:

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

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2. The extension and/or alterations shall be in the same materials, colour and design as the existing building.

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

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

Principal Planner.

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

6. Hardstand pavement is to be designed to withstand anticipated loads and drained to the satisfaction of the City's engineering department.

7. All stormwater produced from this property including subsoil drainage is to be collected and disposed into the City’s drainage system in accordance with the City’s requirements. Invert level at point of connection is

6.30mm (A.H.D.)

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

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

10. The drainage system is to be designed for a 1 in 5 year storm

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

12. All construction works within the road reserve including crossovers, drainage infrastructure, service adjustment, landscaping and footpath

placement or reinstatement, must be built and maintained in accordance with the City's specifications. Failure to do so may result in these works being removed and reinstated by the City at the applicant's expense. At occupancy, the owner is responsible for the maintenance of the crossover,

landscaping and reticulation in the verge.

13. The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services

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

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

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

Advice Notes

a) Take notice that it is the responsibility of the applicant to advise the landowner(s) and/or builder(s) of the need to satisfy the requirements of the conditions of the planning approval for the subject lot, prior to or on lodgement of Building Applications. The City will not issue a Building

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Ordinary Meeting of Council 07 November 2012

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Permit until all the conditions of planning approval and any other requirements pertaining to this planning approval have been met

(including payment of fees and charges).

b) This approval is not an authority to ignore any constraint to development on the land, which may exist through contract or on title, such as an easement or restrictive covenant. It is the responsibility of the applicant

and not the City to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such constraint to development, regardless of whether or not it has been drawn to the City’s attention.

c) This is a Development Approval of the City of Swan under its Local Planning Scheme No. 17. It is not a building permit or an approval to commence or carry out development under any other law. It is the

responsibility of the applicant to obtain any other necessary approvals, consents, permits and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

d) Development may be carried out only in accordance with the terms of the

application as approved herein and any approved plan.

e) In accordance with the Building Act 2011 and Building Regulations 2012, a Building Permit application must be submitted to, and approved by the

City’s Principal Building Surveyor prior to any construction or earthworks commencing on site.

f) To enable your Building Permit application to be assessed promptly, please ensure a complete application is submitted to the City.

To assist in preparing a complete Building Permit application refer to the City of Swan Website (www.swan.wa.gov.au) and follow the links to Building Services - Applicant Checklists.

If you require assistance, please contact Customer Services on 9267 9267.

g) The noise generated by activities on-site, including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.

All development works are to be carried out in accordance with control of noise practices set out in Section 6 of AS 2436-1981 or the equivalent current Australian Standard.

No works shall commence prior to 7.00 am without the City’s approval.

h) The carrying on of the development must not cause a dust nuisance to neighbours. Where appropriate such measures as installation of sprinklers, use of water tanks, mulching or other land management

systems should be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and in the manner directed by the City’s Principal Environmental Health Officer if it is considered that a dust nuisance exists.

i) Stormwater from this property is to be disposed of into the City's drainage system via a silt trap.

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j) The City of Swan is authorised and liable for the maintenance and repair of roads under its control within its boundary and pursuant to Section 84 of

the Road Traffic Act. The City is authorised to recover costs from the applicant, for the repair and maintenance of these roads if any damage is caused as part of this development to the kerb, footpath, drainage pits, stormwater system, landscaping or signs located within the road reserve.

k) Kerbs, roadways, footpaths, open drains, stormwater pits, service authority pits and nature strips must be adequately protected during the construction of the development.

l) This approval does not constitute approval from other service authorities

to construct the crossover as shown on the plan. It is recommended that the applicant ascertain the location and depth of any services that may interfere with crossover and associated building construction. Any

adjustment to affected services is to be arranged by the applicant at their expense with the appropriate service authority approval, prior to works commencing on the site.

MOTION that Council resolve to:

1) Defer the item until the Ordinary Council Meeting of 29 November 2012.

2) Note that the reason for changing the staff recommendation is to investigate and respond to the matters raised by the abutting neighbour of 1 Ethel Street, Guildford in her submission, and to facilitate a staff visit to her property to ascertain the extent of any impact on amenity as a result of the proposed 3.54m parapet wall.

(Cr T Williams - Cr Elliot)

RESOLVED UNANIMOUSLY TO:

1) Defer the item until the Ordinary Council Meeting of 29 November 2012.

2) Note that the reason for changing the staff recommendation is to investigate and respond to the matters raised by the abutting neighbour of 1 Ethel Street, Guildford

in her submission, and to facilitate a staff visit to her property to ascertain the extent of any impact on amenity as a result of the proposed 3.54m parapet wall.

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3.2 PROPOSED COMMERCIAL VEHICLE PARKING: LOT 201 GREENHEAD

STREET, BULLSBROOK

Ward: (North Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

RECOMMENDATION

That the Council resolve to:

1) Grant planning approval to the application for parking of two (2) commercial vehicles at Lot 201 Greenhead Street, Bullsbrook subject to the following conditions:

a) This approval is only for the occupier of Lot 201 Greenhead Street, Bullsbrook

who must also be:

(a) the owner of; or

(b) the driver of; or

(c) the proprietor of a business which owns or operates,

every commercial vehicle which is to be parked or garaged there.

b) This approval is for "Parking of two (2) Commercial Vehicles" (2 trucks) as defined in the City's Local Planning Scheme No. 17 and the subject land may not

be used for any other use without the prior approval of the City.

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

d) Parking of the approved commercial vehicles is restricted to the area shown on the approved plan.

e) The approved commercial vehicles must be parked within the titled property boundaries at all times when at the subject lot. The vehicles may not be

parked on the City's verge at any time.

f) Maintenance work to the approved commercial vehicles is limited to minor repair works and must not be undertaken prior to 7:00am.

h) Any additional development, which is not in accordance with the application

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

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Page 18

Advice Notes

(i) Any planning approval granted for the parking of commercial vehicle is not an

approval for the vehicle to use the road network or for any other purpose. Applicants with Restricted Access Vehicles (RAVs) should seek a separate approval from the relevant authority (MRWA) for the operation of these vehicles within the road network. It is the responsibility of the owner to obtain

the necessary permit which is separate from any Council approval under its Planning Scheme for the parking of a commercial vehicle.

(ii) This is a Development Approval of the City of Swan under its Local Planning Scheme No. 17. It is not a building permit or an approval to commence or

carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approvals, consents, permits and licenses required under any other law, and to commence and carry out

development in accordance with all relevant laws.

(iii) The noise generated by activities on-site including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.

(iv) Development may be carried out only in accordance with the terms of the application as approved herein and any approved plan.

CARRIED

3.3 PROPOSED AMENDMENT NO.91 TO LOCAL PLANNING SCHEME NO.17 -

RECODING LOT 450 LORD STREET, CAVERSHAM FROM R20 TO R30

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

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

RECOMMENDATION

That the Council resolve to:

1) Initiate Amendment No.91 to Local Planning Scheme No.17 to recode Lot 450 Lord Street, Caversham from 'Residential' (R20) to 'Residential' (R30) and to amend the Scheme map accordingly;

2) Refer the proposed Scheme Amendment No.91 to the Environmental Protection

Authority (EPA) for advice in accordance with the provisions of the Planning & Development Act 2005.

3) Following receipt of advice from the EPA, advertise the proposed Scheme

Amendment No.91 for public comment for a period of 42 days in accordance with the town Planning Regulations 1967 (as amended).

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

CARRIED

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3.4 PROPOSED AMENDMENT TO ODP FOR ADDITIONAL USE 'MEDICAL

CENTRE' ('D') - LOT 302 (49) KIMBERLY STREET BULLSBROOK

Ward: (North Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

RECOMMENDATION

That the Council resolve to:

1) Endorse the proposed modification to Outline Development Plan 146/B to include an additional use of 'Medical Centre' as a "D" use over Lot 302 (No. 49) Kimberley Street, Bullsbrook.

2) Forward a copy of the variation to Outline Development Plan 146/B to the

Western Australian Planning Commission within 10 days of making the decision in accordance with Clause 5A.1.14.2 of Local Planning Scheme 17.

3) Advise all those who lodged submissions of Councils' decision and provide them

with the summary of submissions table (attachment 3) of this report.

CARRIED

4. OPERATIONAL MATTERS

4.1 MIDLAND YOUTH SERVICES HUB DESIGN REPORT

Ward: (Midland Ward) (Asset Management)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Operations)

RECOMMENDATION

That the Council resolve to:

1) Approve the completion of the Midland Youth Services Hub building based on the

revised 15% Schematic Design Report, prepared by Gresley Abas Architects, as circulated to Councillors under separate cover.

2) Include the required capital funds within the draft 2013/14 capital works budget for completion of the Midland Youth Services Hub, reflective of all external

funding sources.

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Ordinary Meeting of Council 07 November 2012

Page 20

3) Include an amount of $227,939 per annum within the City's Strategic Financial Plan to cover whole of life costs associated with this building, acknowledging that

a contribution will be sought from the key stakeholders.

CARRIED

5. FINANCIAL AND LEGAL MATTERS

5.1 2011/2012 ANNUAL REPORT

Ward: (All Wards) (Financial Services)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Corporate Services)

RECOMMENDATION

That the Council resolve to:

1) Adopt the Annual Report and Financial Report for the year ended 30 June 2012.

2) Convene the Annual Meeting of Electors on Wednesday 5 December 2012 commencing at 5.30pm at the Old Midland Courthouse.

3) Advertise the Annual Meeting of Electors in accordance with the Local Government Act 1995.

CARRIED

5.2 BUDGET ADJUSTMENTS 2012/13

Ward: (All Wards) (Financial Services)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Corporate Services)

RECOMMENDATION

That the Council resolve to:

1) Approve the budget adjustments as detailed in this report.

CARRIED

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Ordinary Meeting of Council 07 November 2012

Page 21

5.3 CHANGE IN BASIS OF VALUATION

Ward: (All Wards) (Financial Services)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Corporate Services)

RECOMMENDATION

That the Council resolve to:

1) Note that the change in the basis of rating to gross rental value as opposed to the

unimproved value will result in the owners making a more equitable contribution to the provision of community facilities and services.

2) Request the Director-General of the Department of Local Government to change the method of valuation of the land areas referred to in this report from

unimproved values to gross rental values, in accordance with Section 6.28 of the Local Government Act 1995.

3) Note that the effective date of the new method of valuation for each affected land

area outlined in the report will be the date of gazettal.

CARRIED

6. GOVERNANCE

6.1 MINUTES OF AUDIT COMMITTEE MEETING HELD ON 23 OCTOBER 2012

Ward: (All Wards) (Council Support)

Disclosure of Interest: Nil

Authorised Officer: (Chief Executive Officer)

RECOMMENDATION

That the Council resolve to:

1) Endorse and adopt the recommendations of the Audit Committee meeting held on

23 October 2012.

CARRIED

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Ordinary Meeting of Council 07 November 2012

Page 22

7. REPORTS OF THE CHIEF EXECUTIVE OFFICER

Nil.

8. MOTION TO ADOPT THOSE ITEMS NOT WITHDRAWN

RESOLVED UNANIMOUSLY that the reports of Council in Part B of the Agenda

be received and the recommendations therein adopted, with the exception of recommendations concerning the following items which were previously considered:

Items 2.1 3.1

(Cr Bailey - Cr Haynes)

9. URGENT BUSINESS

Nil.

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Ordinary Meeting of Council 07 November 2012

Page 23

CITY of SWAN

ORDINARY COUNCIL

MEETING

PART C

OTHER BUSINESS

AND CLOSING PROCEDURES

07 NOVEMBER 2012

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Ordinary Meeting of Council 07 November 2012

Page 24

PART C - OTHER BUSINESS AND CLOSING PROCEDURES

1. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil.

2. NOTICE OF MOTIONS FOR CONSIDERATION AT THE FOLLOWING

MEETING IF GIVEN DURING THE MEETING

Nil.

3. CONFIDENTIAL ITEMS

RESOLVED UNANIMOUSLY that Council meet behind closed doors, having regard for

the provisions of s.5.23(d) of the Local Government Act 1995.

(Cr Wainwright - Cr Trease)

All members of the press and public gallery left the Chamber at 5.50pm and did not return.

3.1 PROPOSED LAND EXCHANGE / DEDICATION OF LOT 10 LAKESHORE

CLOSE, BALLAJURA

Ward: (Ballajura) (Asset Management)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Operations)

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business

relating to the following:

(b) the personal affairs of any person

(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting

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

RESOLVED UNANIMOUSLY to:

1) Adopt Cr McNamara's amended motion.

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Ordinary Meeting of Council 07 November 2012

Page 25

3.2 PROPOSED PRIVATE CAR PARK & ACQUISITION OF LOT 82 (NO 10)

KEANE STREET MIDLAND

Ward: (Midland Ward) (Commercialisation)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Corporate Services)

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 5.23(2) of the Local

Government Act 1995 which permits the meeting to be closed to the public for business relating to the following:

(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting

3.3 SUBMISSION FOR PURCHASE OF THE AUSTRALIAN GOVERNMENTS LOTS

1, 2 & 3 WATERHALL ROAD, SOUTH GUILDFORD

Ward: (Guildford Ward) (Asset Management)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Operations)

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 5.23(2) of the Local

Government Act 1995 which permits the meeting to be closed to the public for business relating to the following:

(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting

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Ordinary Meeting of Council 07 November 2012

Page 26

3.4 CHILD AUSTRALIA LEASE ARRANGEMENTS

Ward: (Altone Ward) (Executive)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Corporate Services)

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business

relating to the following:

(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting

RESOLVED UNANIMOUSLY that the Recommendations contained in the Reports be adopted for Items 3.2 - 3.4.

RESOLVED UNANIMOUSLY that the Council no longer meet behind closed doors.

(Cr Elliot - Cr Gregorini)

RESOLVED UNANIMOUSLY that the resolutions of Council made behind closed doors

be taken as read.

(Cr Haynes - Cr T Williams)

4. CLOSURE

There being no further business, the Presiding Member, Mayor Councillor Zannino, thanked those present for their attendance and declared the meeting closed at 5.59pm.