· web viewadministration is required to provide council with a monthly financial report in...

Agenda

Council Meeting

25 February 2020

Dear Council member

The next Ordinary Meeting of the City of Nedlands will be held on Tuesday 25 February 2020 in the Council Chambers at 71 Stirling Highway Nedlands commencing at 7 pm.

Mark GoodletChief Executive Officer20 February 2020

1

Table of Contents

Declaration of Opening....................................................................................Present and Apologies and Leave of Absence (Previously Approved)...........1. Public Question Time.....................................................................2. Addresses by Members of the Public.............................................3. Requests for Leave of Absence.....................................................4. Petitions..........................................................................................5. Disclosures of Financial Interest.....................................................6. Disclosures of Interests Affecting Impartiality.................................7. Declarations by Members That They Have Not Given Due

Consideration to Papers.................................................................8. Confirmation of Minutes.................................................................8.1 Ordinary Council Meeting 17 December 2019...............................8.2 Special Council Meeting 30 January 2020.....................................9. Announcements of the Presiding Member without

discussion.......................................................................................10. Members announcements without discussion................................11. Matters for Which the Meeting May Be Closed..............................12. Divisional reports and minutes of Council committees and

administrative liaison working groups.............................................12.1 Minutes of Council Committees......................................................12.2 Planning & Development Report No’s PD01.20 to PD04.20

(copy attached)...............................................................................PD01.20 Unit 1/2a Loch Street, Nedlands – Retrospective Industry -

Light Use (Fish Processing Plant with Wholesale and Retail Sales of Seafood)...........................................................................

PD02.20 No. 2A Korel Gardens, Swanbourne – Single House...................PD03.20 Local Planning Scheme 3 – Local Planning Policy Laneway

Requirements...............................................................................PD04.20 RFP 2019-20.01 Natural Area Maintenance and Services...........12.3 Technical Services Report No’s TS01.20 to TS02.20 (copy

attached)......................................................................................TS01.20 Execution of Transfer of Land Document – Lot 50 on

Deposited Plan 9602....................................................................TS02.20 Execution of Transfer of Land Document – Lot 353 on

Deposited Plan 182579................................................................12.4 Corporate & Strategy Report No’s CPS01.20 to CPS02.20

(copy attached).............................................................................CPS01.20 List of Accounts Paid – November 2019......................................CPS02.20 List of Accounts Paid – December 2019......................................13. Reports by the Chief Executive Officer.........................................13.1 Amendment to Register of Delegations – Affixing of

Common Seal...............................................................................13.2 Common Seal Register Report – December 2019.......................13.3 List of Delegated Authorities – December 2019 & January

2020.............................................................................................13.4 Monthly Financial Report – December 2019................................13.5 Monthly Investment Report – December 2019.............................13.6 Monthly Financial Report – January 2020....................................

2

13.7 Monthly Investment Report – January 2020.................................13.8 Options for Council Governance of LPS3 Policy Framework.......14. Elected Members Notices of Motions of Which Previous

Notice Has Been Given................................................................14.1 Councillor Hodsdon – Weed Control............................................14.2 Councillor Wetherall – Rescission Motion....................................14.3 Councillor Mangano – Real Estate Signs.....................................14.4 Councillor Mangano - Scheme Amendment – South

Broadway / Kingsway / Hillway.....................................................14.5 Councillor Bennett – Local Planning Policy - Visual Privacy........14.6 Councillor Coghlan – Local Planning Policy - Peace

Memorial Rose Garden Precinct..................................................15. Elected members notices of motion given at the meeting for

consideration at the following ordinary meeting on 24 March 2020..................................................................................

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

17. Confidential Items.........................................................................17.1 No. 40 Jutland Parade, Dalkeith – Additions (Stair landing)

to Single House (Retrospective)...................................................Declaration of Closure...................................................................................

3

City of Nedlands

Notice of an Ordinary Meeting of Council to be held in the Council Chamber, Nedlands on Tuesday 25 February 2020 at 7 pm.

Council Agenda

Declaration of Opening

The Presiding Member will declare the meeting open at 7 pm and will draw attention to the disclaimer below.

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

Present and Apologies and Leave of Absence (Previously Approved)

Leave of Absence None.(Previously Approved)

Apologies None as at distribution of this agenda.

Disclaimer

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

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

1.

4

Council Agenda 25 February 2020

1. Public Question Time

A member of the public wishing to ask a question should register that interest by notification in writing to the CEO in advance, setting out the text or substance of the question.

The order in which the CEO receives registrations of interest shall determine the order of questions unless the Mayor determines otherwise. Questions must relate to a matter affecting the City of Nedlands.

2. Addresses by Members of the Public

Addresses by members of the public who have completed Public Address Session Forms to be made at this point.

3. Requests for Leave of Absence

Any requests from Councillors for leave of absence to be made at this point.

4. Petitions

Petitions to be tabled at this point.

5. Disclosures of Financial Interest

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

A declaration under this section requires that the nature of the interest must be disclosed. Consequently, a member who has made a declaration must not preside, participate in, or be present during any discussion or decision-making procedure relating to the matter the subject of the declaration.

However, other members may allow participation of the declarant if the member further discloses the extent of the interest. Any such declarant who wishes to participate in the meeting on the matter, shall leave the meeting, after making their declaration and request to participate, while other members consider and decide upon whether the interest is trivial or insignificant or is common to a significant number of electors or ratepayers.

5


6. Disclosures of Interests Affecting Impartiality

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

Councillors and staff are required, in addition to declaring any financial interests to declare any interest that may affect their impartiality in considering a matter. This declaration does not restrict any right to participate in or be present during the decision-making procedure.

The following pro forma declaration is provided to assist in making the disclosure.

"With regard to the matter in item x ….. I disclose that I have an association with the applicant (or person seeking a decision). This association is ….. (nature of the interest). As a consequence, there may be a perception that my impartiality on the matter may be affected. I declare that I will consider this matter on its merits and vote accordingly."

The member or employee is encouraged to disclose the nature of the association.

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

Members who have not read the business papers to make declarations at this point.

8. Confirmation of Minutes

8.1 Ordinary Council Meeting 17 December 2019

The Minutes of the Ordinary Council Meeting held 17 December 2019 are to be confirmed.

8.2 Special Council Meeting 30 January 2020

The Minutes of the Special Council Meeting held 20 January 2020 are to be confirmed.

9. Announcements of the Presiding Member without discussion

Any written or verbal announcements by the Presiding Member to be tabled at this point.

6


10. Members announcements without discussion

Written announcements by Councillors to be tabled at this point.

Councillors may wish to make verbal announcements at their discretion.

11. Matters for Which the Meeting May Be Closed

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

17.1 No. 40 Jutland Parade, Dalkeith – Additions (Stair landing) to Single House (Retrospective)

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

12.1 Minutes of Council Committees

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

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

Audit & Risk Committee 10 February 2020Unconfirmed, circulated to Councillors on 17 February 2020

Council Committee 11 February 2020Unconfirmed, circulated to Councillors on 18 February 2020

Note: As far as possible all the following reports under items 12.2, 12.3 12.4 and 13.1 will be moved en-bloc and only the exceptions (items which Councillors wish to amend) will be discussed.

7


12.2 Planning & Development Report No’s PD01.20 to PD04.20 (copy attached)

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

PD01.20 Unit 1/2a Loch Street, Nedlands – Retrospective Industry - Light Use (Fish Processing Plant with Wholesale and Retail Sales of Seafood)

Committee 11 February 2020Council 25 February 2020Applicant Dynamic Planning and DevelopmentsLandowner Reginald Reberger and Toni RebergerDirector Peter Mickleson – Director Planning & Development Employee Disclosure under section 5.70 Local Government Act 1995

Nil

Report Type

Quasi-Judicial

When Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications and other decisions that may be appealable to the State Administrative Tribunal.

Reference DA19/36985Previous Item Item E89.04 – August 2004Delegation In accordance with the City’s Instrument of Delegation,

Council is required to determine the application due to objections being received

Attachments 1. Submission Table2. City of Nedlands Local Planning Scheme No. 3 -

Assessment Table3. Applicant Justification Letter1. Plans (CONFIDENTIAL)2. Waste Management Plan (CONFIDENTIAL)3. Assessment Sheet (CONFIDENTIAL) 4. Submissions (CONFIDENTIAL)

Committee Recommendation / Recommendation to Committee

8


Council approves the development application dated 8 August 2019 to operate an Industry - Light (fish processing plant with wholesale and retail sales of seafood) at Lot 46 (Unit 1/2a) Loch Street, Nedlands, subject to the following conditions and advice:1. The development shall at all times comply with the application and

the approved plans, subject to any modifications required as a consequence of any condition(s) of this approval. (Planning)

2. This development approval only pertains to an Industry – Light land use of a fish processing plant, with wholesale and retail sales of seafood at the subject property. It does not pertain to advertising signage. (Planning)

3. A maximum of three (3) staff are permitted on the premises at any one time. (refer to advice note 12). (Planning)

4. The proposed use complying with the Industry - Light definition stipulated under the City of Nedlands Local Planning Scheme No. 3 (refer to advice note 1). (Planning)

5. The Industry – Light use is permitted to operate Monday to Friday 10:00am – 5:30pm and Saturday 9:00am – 12:00pm. Operation on Sundays and Western Australian Public Holidays is not permitted. (Planning)

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

7. Service and/or delivery vehicles are not to service the premises before 7.00am or after 7.00pm Monday to Saturday, and/or before 9.00am or after 7.00pm on Sundays and Public Holidays unless otherwise approved by the City beforehand. (Planning)

8. All car parking bays, manoeuvring areas and vehicular access ways shown on the approved site plan being marked, sealed and drained, and be maintained thereafter by the landowner to the City’s satisfaction. (Planning)

9. All footings and structures to retaining walls, fences and parapet walls, shall be constructed wholly inside the site boundaries of the property’s Certificate of Title. (Planning)

10. All stormwater from the development, which includes permeable and non-permeable areas shall be contained onsite. (Planning)

11. The Waste Management Plan dated 26 September 2019 forms part of this development approval and shall be complied with at all times to the satisfaction of the City of Nedlands. (Planning)

9


Advice Notes specific to this proposal:

1. With regard to Condition 2, the applicant and landowner(s) are advised that the use of Industry - Light is defined as being the following under the City of Nedlands Local Planning Scheme No. 3:

Industry means premises used for the manufacture, dismantling, processing, assembly, treating, testing, servicing, maintenance or repairing of goods, products, articles, materials or substances and includes facilities on the premises for any of the following purposes-

(a) the storage of goods;(b) the work of administration or accounting;(c) the selling of goods by wholesale or retail;(d) the provision of amenities for employees;(e) incidental purposes.

Industry – light means premises used for an industry where impacts on the amenity of the area in which the premises is located can be mitigated, avoided or managed. (Planning)

2. The applicant shall make application to the City’s Building Services for a Building Permit, to seek retrospective approval for any unauthorised works. (Building)

3. Prior to commencing a Food Business* the proprietor shall lodge a Food Business Registration / Notification Form with the City of Nedlands Environmental Health Department for approval.

*A food business is any business or activity that involves the sale of food or the handling of any type of food for sale in Australia. (Environmental Health)

4. Prior to commencing a Food Business, the premises will be inspected by an Environmental Health Officer from the City which cites whether the Food Business may commence. (Environmental Health)

5. The premises is to comply with the requirements of the Health (Miscellaneous Provisions) Act 1911, and City of Nedlands Health Local Laws 2017 in regard to an offensive trade, as specified below. As the facility processes whole fish, shellfish and crustaceans this is defined under the Health (Miscellaneous Provisions) Act 1911, by way of proclamation (Gazette 26 Nov 1993 p. 6321), and the City of

10


Nedlands Health Local Laws 2017 as an Offensive Trade. As such, the following is required:

a) Make an application to the City for Consent to Establish an Offensive Trade.

b) Make an application to the City for Registration of a Premises for Offensive Trade with the applicable annual fee of $298 in accordance with the Offensive Trade (Fees) Regulations 1976 (to be completed annually in July).

c) Provide written confirmation that the applicant has advertised notice of their intention to apply for consent to establish an offensive trade in accordance with clause 145 of the City of Nedlands Health Local Law 2017.

d) In relation to Condition 11, the applicant is to comply with the Waste Management Plan dated 14 November 2019 prepared by Dynamic Planning and Developments for the disposal of trade refuse and offensive materials produced upon the premises:

i. The storage of external rubbish wheelie bins in the cool room is not permitted due to the risk of contamination. Seafood waste should be stored in clean and sanitary designated impervious receptacles (with airtight covers) within the cool room to minimize odour, before being transferred to the external waste bin immediately prior to collection. Should the external rubbish wheelie bins be stored in the cool room they are required to be cleaned and sanitized daily; and

ii. The Applicant is required to contact the Water Corporation to determine requirements for a Trade Waste Permit and grease trap installation for the disposal of liquid refuse. The discharge of liquid refuse, including the biproduct of bin and floor wash down activities, into the stormwater drain at the premises is not permitted.

e) Provide details of the internal fit out for the entire premises on a floor plan. The floor plan shall also include specific information detailing the location of food product processing stages including delivery, processing, packaging, sale and waste disposal. The following details should be included on the plans:

i. Floor, wall and ceiling finishes;ii. Lighting and electrical installations;

iii. Fixtures and fittings;iv. Plumbing and drainage layout, including grease trap;v. Specifications for food preparation benches & any

cooking appliances;

11


vi. Pest control mechanisms;vii. Toilets change rooms and bin enclosure.

f) A written Food Recall Plan, as required by Clause 12 of Standard 3.2.2 of the Australia New Zealand Food Standard Code (the Code) for food businesses engaged in the wholesale supply of food is to be submitted and approved by the City of Nedlands.

g) A written Seafood Safety Management Plan, as required under Standard 4.2.1 – Primary Production and Processing Standard for Seafood, detailing the following is to be submitted and approved by the City of Nedlands:

i. Systematic examination of all operations (receipt, storage, processing, packaging, transportation, disposal, tracing) identifying potential seafood safety hazards and implemented controls;

ii. The skills and knowledge of food handlers in food safety and food hygiene matters and any training completed or provided;

h) As the operations located on the subject premises require the primary production or processing of bivalve molluscs (cockles, clams, mussels, oysters, pipis and scallops), a documented food safety management system is required to be implemented, compliant with Standard 4.2.1 Clause 16, which effectively controls the hazards to the satisfaction of the City of Nedlands. (Environmental Health)

6. In relation to Condition 11, all waste and recycling bins must be serviced from within the site and shall not presented on the verge area as indicated on the Waste Management Plan. (Planning)

7. Prior to commencing a Food Business, a documented Food Safety Program which meets the requirements of the Australian New Zealand Food Standards Code Standard 3.2.1 Food Safety Programs, shall be deemed satisfactory by an Environmental Health Officer at the City. (Environmental Health)

8. Designated storage areas for cleaning chemicals and equipment and personal belongings shall be available and separate from any food preparation or food storage area. (Environmental Health)

9. Location of any bin stores shall be behind the street alignment and so as not to be visible from a street or public place, in accordance with the City’s Health Local Law 1997. (Environmental Health)

12


10. All internal water closets and ensuites without fixed or permanent window access to outside air or which open onto a hall, passage, hobby or staircase, shall be serviced by a mechanical ventilation exhaust system which is ducted to outside air, with a minimum rate of air change equal to or greater than 25 litres / second. (Environmental Health)

11. Adequate staff and public sanitary conveniences shall be provided in accordance with the Building Code of Australia. (Building)

12. In relation to Condition 3, a separate development application is required to be submitted to and approved by the City prior to increasing the number of staff on site at any given time. (Planning)

a. As per the City of Nedlands Local Planning Policy – Parking, the parking requirements for an Industry – Light land use are as follows:- 2.2 per 100m2 of net lettable area or- 1 per employee (whichever is greater)

Based on these requirements, any increase in staff on site will require additional parking to adhere with the provisions of the Local Planning Policy – Parking. Any increase in the number of staff on site will require an additional assessment of the parking availability on site through a Development Application.

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

14. All crossovers to the street(s) shall be constructed to the Council’s Crossover Specifications and the applicant / landowner to obtain levels for crossovers from the Council’s Infrastructure Services under supervision onsite, prior to commencement of works. (Technical Services)

15. The existing crossover(s) shall be removed and the nature-strip / verge reinstated with grass or landscaping in accordance with Council’s Nature-Strip / Verge Development Policy. (Technical Services)

16. To prevent stormwater flowing into the property, ground levels of crossovers or driveways must have a part that is a minimum

13


150mm higher than the street / Right-Of-Way or a grated channel strip-drain is constructed across the driveway, aligned with and wholly contained within the property boundary, and the discharge from this drain to be run to a soak-well situated within the property. (Technical Services)

17. Any development in the nature-strip (verge), including footpaths, will require a Nature-Strip Development Application (NSDA) to be lodged with, and approved by, the City’s Technical Services department, prior to construction commencing. (Technical Services)

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

19. This is a Planning Approval only and does not remove the responsibility of the applicant/owner to comply with all relevant building, health and engineering requirements of the City, or the requirements of any other external agency. (Planning)

20. In relation to Condition 2, any signage that is not exempt under the City of Nedlands Local Planning Policy – Signs, shall be the subject of a separate development application. (Planning)

21. This decision does not obviate rights and responsibilities of strata owners under the Strata Titles Act 1985, which may require additional consultation and/or permissions from the stratum, prior to the commencement of works. (Planning)

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

14


PD02.20 No. 2A Korel Gardens, Swanbourne – Single House

Committee 11 February 2020Council 25 February 2020Applicant Distinctive Homes WALandowner ZKN Pty LtdDirector Peter Mickleson – Director Planning & Development Employee Disclosure under section 5.70 Local Government Act 1995

Nil

Report Type

Quasi-Judicial

When Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications and other decisions that may be appealable to the State Administrative Tribunal.

Reference DA19-41136Previous Item NilDelegation In accordance with the City’s Instrument of Delegation,

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

Attachments

1. Applicant Justification Letter2. Applicant Justification (Approved Plans Overlay)3. Plans (CONFIDENTIAL)4. Assessment Sheet (CONFIDENTIAL)5. Submissions (CONFIDENTIAL)

Committee Recommendation

That Council refuse the development application dated 23 October 2019 for a two-storey single house at 2A Korel Gardens, Swanbourne (Lot 601).

Recommendation to Committee

Council approves the development application dated 23 October 2019 for a two-storey single house at 2A Korel Gardens, Swanbourne (Lot 601), subject to the following conditions and advice notes:

Conditions:

15


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

2. This development approval only pertains to a two-storey single house as indicated on the plans attached.

3. Revised drawings shall be submitted with the Building Permit application, incorporating the following modifications as shown in red on the approved plans, to the satisfaction of the City:

a) A minimum 0.5m driveway setback is to be provided to all lot boundaries;

b) Appropriate screening provided to the northern window of ‘Bed 2’ to prevent overlooking in accordance with condition 4 below; and

c) c) The proposed letterbox is not to exceed 0.75m in height above finished ground level, for the purposes of protecting vehicle access sight lines.

4. Prior to occupation of the development the window to ‘Bed 2’ located on the North elevation shall be screened in accordance with the Residential Design Codes by either:

a) fixed obscured or translucent glass to a height of 1.60 metres above finished floor level;

b) Timber screens, external blinds, window hoods and shutters to a height of 1.6 metres above finished floor level that are at least 75% obscure;

c) a minimum sill height of 1.60 metres as determined from the internal floor level, or

d) an alternative method of screening approved by the City of Nedlands.

The required screening shall be thereafter maintained to the satisfaction of the City of Nedlands.

5. Prior to occupation of the development the finish of the parapet walls is to be finished externally to the same standard as the rest of the development or in:

a) Face brick;

b) Painted render;

c) Painted brickwork; or

16


d) Other clean material as specified on the approved plans and maintained thereafter to the satisfaction of the City of Nedlands.

6. This approval is limited to a two-storey single house only and does not relate to any site works, decking or retaining walls 500mm or greater above the approved ground levels.

7. All stormwater from the development, which includes permeable and non-permeable areas shall be contained onsite (refer advice note 14)

Advice Notes:

1. This is a Planning Approval only and does not remove the responsibility of the applicant/owner to comply with all relevant building, health and engineering requirements of the City, or the requirements of any other external agency.

2. This planning decision is confined to the authority of the Planning and Development Act 2005, the City of Nedlands Local Planning Scheme No. 3 and all subsidiary legislation. This decision does not remove the obligation of the applicant and/or property owner to ensure that all other required local government approvals are first obtained, all other applicable state and federal legislation is complied with, and any restrictions, easements, or encumbrances are adhered to.

3. This planning approval has been issued on the basis of the plans hereby approved. It is the responsibility of the applicant to ensure that the approved plans are accurate and are a true representation of all existing and proposed development on the site, and to ensure that development proceeds in accordance with these plans.

4. There may be matters which impact on proceeding with the approved development which are not shown on the approved plans (e.g. verge infrastructure, retaining walls). Such matters may need to be separately addressed before the approved development can proceed. It is the responsibility of the applicant to ensure that these matters are addressed prior to the commencement of the development hereby approved.

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

6. It is recommended that the applicant liaise with the north-western boundary adjoining property owner regarding the possible retention or replacement of the existing dividing fence along the common lot boundary. Please refer to the Dividing Fences Act 1961 for the rights and responsibilities of landowners regarding dividing fences. Information is available at the following website:

17


http://www.commerce.wa.gov.au/building-commission/dividing-fences-0

7. The swimming pool barrier is to comply with Australian Standard 1926.1. A building permit application for the swimming pool barrier must be submitted and the building permit issued prior to filling the swimming pool with water.

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

9. All swimming pool wastewater shall be disposed of into an adequately sized, dedicated soak-well located on the same lot. Soak-wells shall not be situated closer than 1.8m to any boundary of a lot, building, septic tank or other soak-well.

10. All swimming pools, whether retained, partially constructed or finished, shall be kept dry during the construction period. Alternatively, the water shall be maintained to a quality which prevents mosquitoes from breeding.

11. The contractor/developer shall protect the City’s street trees from any damage that may be caused by the scope of works covered by this contract for the duration of the contract. All work carried out under this contract is to comply with the City’s policies, guidelines and Australian Standards relating to the protection of trees on or adjacent to development sites (AS 4870-2009).

12. Where building works are proposed to the building/tenancy a building permit shall be applied for prior to works commencing.

13. All car parking dimensions, manoeuvring areas, crossovers and driveways shall comply with Australian Standard AS2890.1 (as amended) to the satisfaction of the City of Nedlands.

14. In relation to condition 7, the applicant is advised that all downpipes from guttering shall be connected so as to discharge into drains, which shall empty into a soak-well; and each soak-well shall be located at least 1.8m from any building, and at least 1.8m from the boundary of the block. Soak-wells of adequate capacity to contain runoff from a 20-year recurrent storm event. Soak-wells shall be a minimum capacity of 1.0m3 for every 80m2 of calculated surface area of the development.

18


PD03.20 Local Planning Scheme 3 – Local Planning Policy Laneway Requirements

Committee 11 February 2020Council 25 February 2020Applicant City of NedlandsDirector Peter Mickleson – Director Planning & Development Employee Disclosure under section 5.70 Local Government Act 1995

Nil

Reference NilPrevious Item NilAttachments 1. Draft Laneway Requirements Local Planning Policy

(LPP)

Please note: There was no Recommendation from Committee

Recommendation to Committee

Council:

1. prepares, and advertises for a period of 21 days, in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2, Part 2, Clause 4, the Laneway Requirements Local Planning Policy; and

2. instructs the Chief Executive Officer to create the mechanism for a Specified Area Rate to be applied to properties which have been up coded under Local Planning Scheme No. 3 and are abutting a Laneway; subject to further costings and a rate review being put forward to Council for its approval.

19


PD04.20 RFP 2019-20.01 Natural Area Maintenance and Services

Committee 11 February 2020Council 25 February 2020Applicant City of Nedlands Director Peter Mickleson – Director Planning & Development Employee Disclosure under section 5.70 Local Government Act 1995

Nil

Reference NilPrevious Item NilAttachments 1. Final Panel Evaluation Score Sheet (Confidential)


Council:

1. agrees to award panel no. 2019-20.01 to Green Skills Inc, the South East Regional Centre for Urban Landcare and Natural Area Holdings PTY LTD for the provision of natural area maintenance and services, as per the schedule of rates submitted subject to any minor negotiations; and

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

20


12.3 Technical Services Report No’s TS01.20 to TS02.20 (copy attached)


TS01.20 Execution of Transfer of Land Document – Lot 50 on Deposited Plan 9602

Committee 11 February 2020Council 25 February 2020Applicant City of NedlandsEmployee Disclosure under section 5.70 Local Government Act 1995

Nil.

Director Jim Duff – Director Technical ServicesAttachments 1. Copy of Transfer of Land Document


Council:

1. approves the application of the Council Common Seal (the seal) by the Chief Executive Officer (CEO) to the Transfer of Land document relating to Lot 50 on Deposited Plan 9602; and

2. directs the Mayor and CEO to execute the Transfer of Land document relating to Lot 50 on Deposited Plan 9602 by way of signing.

21


TS02.20 Execution of Transfer of Land Document – Lot 353 on Deposited Plan 182579

Committee 11 February 2020Council 25 February 2020Applicant City of NedlandsEmployee Disclosure under section 5.70 Local Government Act 1995

Nil.

Director Jim Duff – Director Technical ServicesAttachments 1. Copy of Transfer of Land Document


Council:

1. approves the application of the Council Common Seal (the seal) by the Chief Executive Officer (CEO) to the Transfer of Land document relating to Lot 353 on Deposited Plan 182579; and

2. directs the Mayor and CEO to execute the Transfer of Land document relating to Lot 353 on Deposited Plan 182579 by way of signing.

22


12.4 Corporate & Strategy Report No’s CPS01.20 to CPS02.20 (copy attached)


CPS01.20 List of Accounts Paid – November 2019

Committee 11 February 2020Council 25 February 2020Applicant City of Nedlands Employee Disclosure under section 5.70 Local Government Act 1995

Nil.

Director Lorraine Driscoll – Director Corporate & StrategyAttachments 1. Creditor Payment Listing November 2019

2. Purchasing Card Payments November 2019 (November 2019 – December 2019)


Council receives the List of Accounts Paid for the month of November 2019 (refer to attachments).

23


CPS02.20 List of Accounts Paid – December 2019


Nil.

Director Lorraine Driscoll – Director Corporate & StrategyAttachments 1. Creditor Payment Listing December 2019

2. Purchasing Card Payments December 2019 (28 November 2019 – 29 December 2019)

3. CEO Credit Card Payments (October – December)


Council receives the List of Accounts Paid for the month of December 2019 (refer to attachments).

24


13. Reports by the Chief Executive Officer

13.1 Amendment to Register of Delegations – Affixing of Common Seal


Nil.

CEO Mark GoodletAttachments Nil.


Council approves the additional delegation under Division 3 – Documents, Section 9.49A, Execution of Documents as per the below to the Chief Executive Officer, for inclusion in the Register of Delegations.

Legislation to be delegated

Description of delegation Conditions and duration (indefinite unless otherwise specified)

Division 3 – DocumentsSection 9.49A Execution of documents

(2) The common seal of a local government is not to be affixed to any document except as authorised by the local government.

(4) A local government may, by resolution, authorise the chief executive officer, another employee or an agent of the local government to sign documents on behalf of the local government, either generally or subject to conditions or restrictions specified in the authorisation.

ABSOLUTE MAJORITY REQUIRED

Executive Summary

This purpose of this report is to request an additional delegation to the CEO for the affixing of the Common Seal when executing approved documents.

25


Discussion/Overview

Local Government Act 1995 - Section 9.49A – Execution of Documents

(1) A document is duly executed by a local government if —

(a) the common seal of the local government is affixed to it in accordance with subsections (2) and (3); or

(b) (b) it is signed on behalf of the local government by a person or persons authorised under subsection (4) to do so.

(3) The common seal of the local government is to be affixed to a document in the presence of —

(a) the mayor or president; and(b) the chief executive officer or a senior employee authorised by the

chief executive officer, each of whom is to sign the document to attest that the common seal was so affixed.

(4) A local government may, by resolution, authorise the chief executive officer, another employee or an agent of the local government to sign documents on behalf of the local government, either generally or subject to conditions or restrictions specified in the authorisation.

(5) A document executed by a person under an authority under subsection (4) is not to be regarded as a deed unless the person executes it as a deed and is permitted to do so by the authorisation.

(6) A document purporting to be executed in accordance with this section is to be presumed to be duly executed unless the contrary is shown.

(7) When a document is produced bearing a seal purporting to be the common seal of the local government, it is to be presumed that the seal is the common seal of the local government unless the contrary is shown.

This delegation will expedite the execution of documents previously authorised by Council resolution, without separate authorization to affix the seal. The authorization for signing of documents is made by Council under Section 9.49A (4) and is not able to be delegated to the CEO.

The condition to delegate the CEO the ability to affix the seal is subject to section 9.49 (4) being satisfied, that is, the Council having authorised the signing of the document.

Section 9.49A (3) requires that the affixing of the seal be carried out in the presence of both the Mayor and the CEO, providing further accountability.

Key Relevant Previous Council Decisions:

26


Nil.

Consultation

Nil.

Budget/Financial Implications

Nil.

Conclusion

The Chief Executive Officer has reviewed the need for this additional delegation to the Register of Delegations and is recommending the amendment as shown above be approved by Council.

27


13.2 Common Seal Register Report – December 2019

The attached Common Seal Register Report for the month of December 2019 is to be received.

December 2019

SEAL NUMBER

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

939 20 December 2019 Corporate & Strategy

Council Resolution - CPS19.19 - 26 November 2019

Seal Certification - Seal No. 939 Perth Flying Squadron Yacht Club Right of Entry Goods and Business Execution of Lease.

28


13.3 List of Delegated Authorities – December 2019 & January 2020

The attached List of Delegated Authorities for the month of December 2019 and January 2020 is to be received.

Date of use of delegation of authority

Title Position exercising delegated authority

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

December 20192/12/2019 BA54432 - Uncertified

building permit - CarportManager Building Services

Building Act 2011 s20.1 The Patio Factory

3/12/2019 BA54685 - Certified building permit - Shade sails

Manager Building Services

Building Act 2011 s20.1 West Coast Shade Pty Ltd

3/12/2019 BA53779 – Certified Building permit – Patio


Building Act 2011 s20.1 Classic Homes and Garage Innovations Pty Ltd

4/12/2019 BA54179 - Uncertified building permit - Deck


Building Act 2011 s20.1 Lasting Impressions

5/12/2019 BA54579 Certified building permit - Enclose balcony


Building Act 2011 s20.1 R Pedri and Co Pty Ltd

5/12/2019 BA54792 Demolition Permit - Full site


Building Act 2011 s21.1 Civil Con Holdings Pty Ltd

6/12/2019 BA54669 Certified building permit - Alterations


Building Act 2011 s20.1 MK Building Solutions Pty Ltd

9/12/2019 BA54470 Demolition Permit Manager Building Services

Building Act 2011 s21.1 AAA Demolition and Tree Service

9/12/2019 BA54755 Certified building permit - Dwelling


Building Act 2011 s20.1 Decimal Holdings Pty Ltd

29

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54755%20Certified%20building%20permit%20-%20Dwelling&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D


https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54470%20Demolition%20Permit&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54669%20Certified%20building%20permit%20-%20Alterations&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D


https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54792%20Demolition%20Permit%20-%20Full%20site&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D


https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54579%20Certified%20building%20permit%20-%20Enclose%20balcony&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54579%20Certified%20building%20permit%20-%20Enclose%20balcony&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54179%20-%20Uncertified%20building%20permit%20-%20Deck&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54179%20-%20Uncertified%20building%20permit%20-%20Deck&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54685%20-%20Certified%20building%20permit%20-%20Shade%20sails&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54685%20-%20Certified%20building%20permit%20-%20Shade%20sails&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54432%20-%20Uncertified%20building%20permit%20-%20Carport&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54432%20-%20Uncertified%20building%20permit%20-%20Carport&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D




Building Act 2011 s20.1 Nestor Group Pty Ltd



Building Act 2011 s20.1 Exclusive Residence Pty Ld

9/12/2019 BA53840 Uncertified building permit - Carport


Building Act 2011 s20.1 RPH Australia Holding Pty LTd

10/12/2019 BA54642 Certified building permit - Boundary Walls


Building Act 2011 s20.1 Seamus Pearse

10/12/2019 BA54536 Demolition Permit - Full Site


Building Act 2011 s21.1 AAA Demolition & Tree Service

12/12/2019 (APP) DA19-40129 22 Wattle Avenue, Dalkeith - Additions to Single House

Manager Urban Planning

Planning and Development (Local Planning Schemes) Regulations 2015

Regulation 82 Darklight Design

12/12/2019 BA54274 Certified building permit - Pool Barrier


Building Act 2011 s20.1 Westralia Pools Pty Ltd

12/12/2019 BA54728 Uncertified building permit - Alterations


Building Act 2011 s20.1 Clinton Long Project Management Pty LTd

12/12/2019 BA54995 Certified building permit - Shade sail


Building Act 2011 s20.1 One Shade Sails

12/12/2019 3043376 - Withdrawn Parking Infringement Notice - Other Compassionate Grounds

Manager Health and Compliance

Local Government Act 1995

9.20/6.12(1) Magdelena Wajrak




9.21\6.12(1) Fauzia Armstrong

30

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2F3040980%20-%20Withdrawn%20Parking%20Infringement%20Notice%20-%20Other%20Compassionate%20Grounds&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D






https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54995%20Certified%20building%20permit%20-%20Shade%20sail&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54995%20Certified%20building%20permit%20-%20Shade%20sail&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54728%20Uncertified%20building%20permit%20-%20Alterations&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54728%20Uncertified%20building%20permit%20-%20Alterations&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54274%20Certified%20building%20permit%20-%20Pool%20Barrier&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54274%20Certified%20building%20permit%20-%20Pool%20Barrier&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2F(APP)%20DA19-40129%2022%20Wattle%20Avenue%2C%20Dalkeith%20-%20Additions%20to%20Single%20House&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D



https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54536%20Demolition%20Permit%20-%20Full%20Site&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D


https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54642%20Certified%20building%20permit%20-%20Boundary%20Walls&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54642%20Certified%20building%20permit%20-%20Boundary%20Walls&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA53840%20Uncertified%20building%20permit%20-%20Carport&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D







12/12/2019 3041097 - 3041105 - Withdrawn Parking Infringement Notice - Other Compassionate Grounds



9.20/6.12(1) Amanda Cooke




9.20/6.12(1) A and Robin Sambell

12/12/2019 BA55204 Certified building permit - Two Storey Dwelling


Building Act 2011 s20.1 Coastview Australia Pty Ltd

13/12/2019 BA50550 Certififed building permit - Retaining walls


Building Act 2011 s20.1 J & S Creative Pools

16/12/2019 (APP) - DA 19-40966 - 24 Viewway, Nedlands - Single House

Manager Planning Planning and Development (Local Planning Schemes) Regulations 2015

Regulation 82 Welink Group Pty Ltd

17/12/2019 (APP) DA19-41724 - 25 Louise Street, Nedlands - Additions to Single House


Regulation 82 Nash & Ghersinich Architects

17/12/2019 BA55358 Demolition Permit - Dwelling


Building Act 2011 s21.1 Vinsan Constracting




9.20/6.12(1) John Chemello

17/12/2019 3042202 - Withdrawn Manager Health and Local Government 9.20/6.12(1) Jake Biddle

31





https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA55358%20Demolition%20Permit%20-%20Dwelling&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D


https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2F(APP)%20DA19-41724%20-%2025%20Louise%20Street%2C%20Nedlands%20-%20Additions%20to%20Single%20House&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D



https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2F(APP)%20-%20DA%2019-40966%20-%2024%20Viewway%2C%20Nedlands%20-%20Single%20House&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D



https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA50550%20Certififed%20building%20permit%20-%20Retaining%20walls&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA50550%20Certififed%20building%20permit%20-%20Retaining%20walls&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA55204%20Certified%20building%20permit%20-%20Two%20Storey%20Dwelling&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA55204%20Certified%20building%20permit%20-%20Two%20Storey%20Dwelling&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D




https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2F3041097%20-%203041105%20-%20Withdrawn%20Parking%20Infringement%20Notice%20-%20Other%20Compassionate%20Grounds&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D




Parking Infringement Notice - Other Compassionate Grounds

Compliance Act 1995

17/12/2019 BA54906 Certified buidling permit - Dwelling & pool


Building Act 2011 s20.1 Secunda Pty Ltd

17/12/2019 BA54179 Uncertified building permit - Pool Barrier


Building Act 2011 s20.1 Diamond Glass Pool Fencing

18/12/2019 BA55227 Certified building permit - Patio


Building Act 2011 s20.1 Great Aussie Patios

18/12/2019 BA55114 Certified building permit - Cabana


Building Act 2011 s20.1 AmedeoProperties Pty LTd

19/12/2019 (APP) DA19-41864 - 2 Alfred Road, Mt Claremont - Amendment to DA18-33580


Regulation 82 Macri Builders Pty Ltd

19/12/2019 (APP) DA19-40930 - 78 Kirwan Street, Floreat - Amendment to DA 18 33156


Regulation 82 Coast Homes WA Pty Ltd

19/12/2019 BA55534 Demolition permit - Dwelling


Building Act 2011 s21.1 Brajkovich Demolition & Salvage Pty Ltd

19/12/2019 BA54744 Certified building permit - Dwelling and Pool


Building Act 2011 s20.1 Decimcal holdings Pty Ltd



Building Act 2011 s21.1 Hazelton Property Group Pty Ltd

19/12/2019 3041553 - Withdrawn Parking Infringement Notice


9.20/6.12(1) Michael Van Noort

32

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2F3041553%20-%20Withdrawn%20Parking%20Infringement%20Notice%20-%20Officer%20Error&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D




https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54744%20Certified%20building%20permit%20-%20Dwelling%20and%20Pool&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D


https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA55534%20Demolition%20permit%20-%20Dwelling&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D


https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2F(APP)%20%20DA19-40930%20%20-%2078%20Kirwan%20Street%2C%20Floreat%20-%20Amendment%20to%20DA%2018%2033156&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D



https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2F(APP)%20DA19-41864%20-%202%20Alfred%20Road%2C%20Mt%20Claremont%20-%20Amendment%20to%20DA18-33580&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D



https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA55114%20Certified%20building%20permit%20-%20Cabana&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA55114%20Certified%20building%20permit%20-%20Cabana&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA55227%20Certified%20building%20permit%20-%20Patio&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D


https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54179%20Uncertified%20building%20permit%20-%20Pool%20Barrier&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54179%20Uncertified%20building%20permit%20-%20Pool%20Barrier&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54906%20Certified%20buidling%20permit%20-%20Dwelling%20%26%20pool&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54906%20Certified%20buidling%20permit%20-%20Dwelling%20%26%20pool&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D




- Officer Error20/12/2019 BA55413 Uncertified building

permit - Pool barrierManager Building Services

Building Act 2011 s20.1 Mr S Browne



Building Act 2011 s20.1 Ricciardello Nominees


manager Helath and Compliance

9.20/6.12(1) Peter Anticich



Building Act 2011 s20.1 S S Xing










9.20/6.12(1) Robbie Haines



Building Act 2011 s20.1 Ezydoesit Pty Ltd

24/12/2019 (APP) DA19-42705 9 Watkins Road, Dalkeith - Additon (Lift) to Single House


Regulation 82 AJ & PL Thompson

24/12/2019 (APP) DA19-41771 38 Manager Planning Planning and Regulation 82 Quality Dolphin Pools

33

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2F(APP)%20DA19-41771%2038%20Doonan%20Road%2C%20Nedlands%20-%20Pool%20Fence&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2F(APP)%20DA19-42705%209%20Watkins%20Road%2C%20Dalkeith%20-%20Additon%20(Lift)%20to%20Single%20House&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D



















https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA55413%20Uncertified%20building%20permit%20-%20Pool%20barrier&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA55413%20Uncertified%20building%20permit%20-%20Pool%20barrier&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D



Doonan Road, Nedlands - Pool Fence

Development (Local Planning Schemes) Regulations 2015

24/12/2019 (APP) DA19-41557 38 Doonan Road, Nedlands - Garage & Garage Outbuilding



Regulation 82 I M Vella

24/12/2019 (APP) - (DA19-41245) - 22 Florence Road, Nedlands - Carport



Regulation 82 J F Elliott

24/12/2019 (APP) - (DA19-41872) - 4B James Road, Swanbourne - Carport



Regulation 82 Great Aussie Patios

January 20206/01/2020 BA54299 Certified building

permit - Store roomManager Building Services

Building Act 2011 s20.1 Seabreeze outdoor

6/01/2020 BA55699 Certified building permit - Patio


Building Act 2011 s20.1 Sunwise Outdoor Living

7/01/2020 BA55867 Building Approval Certificate - Fence


Building Act 2011 S58.1 I Ayoub

9/01/2020 3041930 - Withdrawn Parking Infringement Notice

Acting Manager health and


9.20\6.12(1) Garry Herron

34



https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA55867%20Building%20Approval%20Certificate%20-%20Fence&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA55867%20Building%20Approval%20Certificate%20-%20Fence&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D



https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54299%20Certified%20building%20permit%20-%20Store%20room&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54299%20Certified%20building%20permit%20-%20Store%20room&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2F(APP)%20-%20(DA19-41872)%20-%204B%20James%20Road%2C%20Swanbourne%20-%20Carport&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D



https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2F(APP)%20-%20(DA19-41245)%20-%2022%20Florence%20Road%2C%20Nedlands%20-%20Carport&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D



https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2F(APP)%20DA19-41557%2038%20Doonan%20Road%2C%20Nedlands%20-%20Garage%20%26%20Garage%20Outbuilding&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D






- Officer Error Compliance

10/01/2020 (APP) DA19-42231 16 Viking Road, Dalkeith - Single House


Regulation 82 Element Advisory Pty Ltd

10/01/2020 BA54454 Certified building permit - Pool


s20.1 Aquatic Lesuire Technologies

13/01/2020 BA56122 Demolition Permit Manager Building Services

Building Act 2011 s21.1 AAA Demolition & Tree Service

13/01/2020 BA53567 Certified building permit - Pool


Building Act 2011 s20.1 Quality Dolphin Pools

14/01/2020 BA55471 Uncertified building permit - Dwelling


Building Act 2011 s20.1 Mitchell Construction (WA) Pty Ltd



Building Act 2011 s20.1 Coast Homes WA Pty Ltd



Building Act 2011 s21.1 Hazelton Property Group Pty Ltd



Building Act 2011 s21.1 Brajkovich Demolition and Salvage Pty Ltd

15/01/2020 BA54209 Uncertified building permit - Internal Renovation


Building Act 2011 s20.1 Y Liu



Building Act 2011 s20.1 Anthony Pty Ltd

16/01/2020 3043364 - Withdrawn Parking Infringement Notice - Compassionate Grounds



9.21/6.12(1) Toby Pearce

16/01/2020 3042272 - Withdrawn Manger Health and 9.21/6.12(1) Kristen Schmook

35


https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2F3043364%20-%20Withdrawn%20Parking%20Infringement%20Notice%20-%20Compassionate%20Grounds&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D





https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54209%20Uncertified%20building%20permit%20-%20Internal%20Renovation&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54209%20Uncertified%20building%20permit%20-%20Internal%20Renovation&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D







https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA55471%20Uncertified%20building%20permit%20-%20Dwelling&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA55471%20Uncertified%20building%20permit%20-%20Dwelling&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA53567%20Certified%20building%20permit%20-%20Pool&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D


https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA56122%20Demolition%20Permit&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D





Parking Infringement Notice - Officer Error

Compliance

16/01/2020 3042273 - Withdrawn Parking Infringement Notice - Officer Error



9.20/6.12(1) Jennifer Veldman


Manager Health and Complaince


9.20/6.12(1) Vivienne Nyugen




9.20/6.12(1) Glenda McMurtrie

16/01/2020 BA56168 Extension to Building Permit BA8782


Building Act 2011 s32.3 Mr G C Dunthorne




9.21\6.12(1) Amy Begadon

20/01/2020 BA55553 Certified building permit - 3 Dwellings


Building Act 2011 s20.1 Webb and Brown Neaves

20/01/2020 3041168 - Withdrawn Parking Infringement Notice - Compassionate Grounds



9.21\6.12(1) Julian Lake

20/01/2020 BA56419 Certified buidling permit - Shed


Building Act 2011 s20.1 Abel Patios and Roofing



Building Act 2011 s20.1 Formview Building Pty Ltd



Building Act 2011 s20.1 Addstyle Constructions Pty Ltd

21/01/2020 BA55946 Certified building permit - Pool and Fence


Building Act 2011 s20.1 S L Tafti

36

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA55946%20Certified%20building%20permit%20-%20Pool%20and%20Fence&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA55946%20Certified%20building%20permit%20-%20Pool%20and%20Fence&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D





https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA56419%20Certified%20buidling%20permit%20-%20Shed&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA56419%20Certified%20buidling%20permit%20-%20Shed&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D




https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA55553%20Certified%20building%20permit%20-%203%20Dwellings&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA55553%20Certified%20building%20permit%20-%203%20Dwellings&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D




https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA56168%20Extension%20to%20Building%20Permit%20BA8782&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA56168%20Extension%20to%20Building%20Permit%20BA8782&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D













22/01/2020 3043270 - 3043347 - 3041537 - Withdrawn Parking Infringement Notice - Compassionate Grounds



9.21\6.12(1) Rim Yohannes

22/01/2020 BA56510 Demolition Permit - Full Site


Building Act 2011 s21.1 Civil Con Holdings Pty Ltd

22/01/2020 BA50649 Uncertified building permit - Patio


Building Act 2011 s20.1 Softwoods Timberyards Pty Ltd

23/01/2020 BA56556 Certified building permit - Additions and Alterations


Building Act 2011 s20.1 Dale Alcock Homes Pty Ltd

23/01/2020 BA55709 Uncertified building permit - Internal Alterations


Building Act 2011 s20.1 S T Culloty

23/01/2020 BA56201 Deomlition Permit - Full Site


Building Act 2011 s21.1 Bellaluca Construction & Stone Pty Ltd



Building Act 2011 s20.1 Create Homes Pty Ltd

24/01/2020 BA51515 Building Approval Certificate - Garage


Building Act 2011 s58.1 Mrs D Jones

24/01/2020 BA54050 Uncertified building permit - Fireplace


Building Act 2011 s20.1 Bauen Projects WA Pty Ltd

28/01/2020 BA56399 Certified Building Permit - Pool and Barrier


Building Act 2011 s20.1 Freedom Pools and Spas



Building Act 2011 s20.1 Great Aussie Patios

28/01/2020 BA56409 Demolition Permit - Full site


Building Act 2011 s21.1 Brajkovich Demolition and Salvage Pty Ltd

28/01/2020 BA56333 Certified building permit - Refurbishment


Building Act 2011 s20.1 Budo Group Pty Ltd

37

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA56333%20Certified%20building%20permit%20-%20Refurbishment&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA56333%20Certified%20building%20permit%20-%20Refurbishment&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D





https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA56399%20Certified%20Building%20Permit%20-%20Pool%20and%20Barrier&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA56399%20Certified%20Building%20Permit%20-%20Pool%20and%20Barrier&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54050%20Uncertified%20building%20permit%20-%20Fireplace&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA54050%20Uncertified%20building%20permit%20-%20Fireplace&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA51515%20Building%20Approval%20Certificate%20-%20Garage&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA51515%20Building%20Approval%20Certificate%20-%20Garage&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D



https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA56201%20Deomlition%20Permit%20-%20Full%20Site&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA56201%20Deomlition%20Permit%20-%20Full%20Site&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA55709%20Uncertified%20building%20permit%20-%20Internal%20Alterations&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA55709%20Uncertified%20building%20permit%20-%20Internal%20Alterations&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA56556%20Certified%20building%20permit%20-%20Additions%20and%20Alterations&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D



https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA50649%20Uncertified%20building%20permit%20-%20Patio&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA50649%20Uncertified%20building%20permit%20-%20Patio&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D



https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2F3043270%20-%203043347%20-%203041537%20-%20Withdrawn%20Parking%20Infringement%20Notice%20-%20Compassionate%20Grounds&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D






Building Act 2011 s20.1 Wenham Holdings Pty Ltd

29/01/2020 BA56358 Demolition permit - Dwelling


Building Act 2011 s21.1 Clean SL8 Demolition & Asbestos Pty LTd



Building Act 2011 s20.1 G & M Samardall Construction Pty Ltd

30/01/2020 BA55720 Uncertified building permit - Re-roof


Building Act 2011 s20.1 Prompt Roofing



Building Act 2011 s20.1 J F Elliott



Building Act 2011 s20.1 Distinctive Homes Pty Ltd

38





https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA55720%20Uncertified%20building%20permit%20-%20Re-roof&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D

https://nedlands365.sharepoint.com/sites/compliance/governance/delegations_register/Forms/PersonalViews.aspx?RootFolder=/sites%2Fcompliance%2Fgovernance%2Fdelegations_register%2FBA55720%20Uncertified%20building%20permit%20-%20Re-roof&View=%7B15C8F5EF-48B4-4473-B6AE-C7267545A933%7D








13.4 Monthly Financial Report – December 2019

Council 25 February 2020Applicant City of NedlandsEmployee Disclosure under section 5.70 Local Government Act

Nil

Director Lorraine Driscoll – Director Corporate & StrategyCEO Mark GoodletAttachments 1. Financial Summary (Operating) by Business Units

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

20194. Statement of Financial Activity – 31 December

20195. Borrowings – 31 December 20196. Statement of Financial Position – 31 December

20197. Operating Income & Expenditure by Reporting

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

31 December 2019

Executive Summary

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

Recommendation to Council

Council receives the Monthly Financial Report for 31 December 2019.

Discussion/Overview

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

39


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

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

The operating revenue at the end of December 2019 was $31.53 M which represents $558k favourable variance compared to the year-to-date budget.

The operating expense at the end of December 2019 was $15.19 M, which represents $64k unfavourable variance compared to the year-to-date budget.

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

Governance

Expenditure: Favourable variance of $214,427Revenue: Unfavourable variance of $(109,087)

The favourable expenditure variance is mainly due to:

professional fees of $164k and WESROC cost of $78k not incurred yet. Other employee costs and staff recruitment costs in HR are lower by

$51k which are offset by higher insurance cost of $76k, both of which are due to timing differences and will even out during the year.

The unfavourable revenue variance is due to timing difference of WESROC Invoice to other Western Suburbs and reduced scope of work.

Corporate and Strategy

Expenditure: Favourable variance of $295,664Revenue: Favourable variance of $181,661


timing differences in the use of professional services and ICT expenses of $143k.

40


Salaries of ICT and customer service expenses are lower by $144k due to delay in filling vacant positions.

Favourable revenue variance is due to:

timing difference of rates income of $210k mainly arising from higher instalment interest and late payment interest of $69k

administration charges of $44k and rates of $100k.

The annual budget for rates is $24.477m compared to rates levied YTD of $24.481m.

Community Development and Services



expenses not expended yet for donations, special projects, operational activities and other Nedlands library expenses of $55k.

The favourable revenue variance is due to:

increase fees & charges income from the positive ageing programme, Tresillian courses, and NCC and PRCC of $214k.

Timing difference on Grant receipt for NCC of $273k also contributed to favourable variance.

Planning and Development



expenses not expended yet for operational activities of Sustainability, Environmental Health and Environmental Conservation amounting to $65k,

DFES levy and Environmental Health contract services of $49k. Salaries of building services is lower by $79k mainly due to delay in

filling vacant positions, and timing differences.

41


Favourable revenue variance is mainly due to higher income on fees and charges for Town Planning of $156k.

Technical Services

Expenditure: Unfavourable variance of $(835,536)Revenue: Unfavourable variance of $(229,256)

The unfavourable expenditure variance mainly due to:

UGP refund from Western Power of $842k budgeted in 2019/20. However, the refund has since been accrued in 2018/19 as the refund was confirmed in June 2019 and relates to expenses incurred in 2017/18 and 2018/19 and will be adjusted during the midyear budget review.

Additionally, due to a lower level of capital works completed than budgeted year to-date, on cost of $415k has not been costed to projects. This will even out as the level of completed capital works increases.

Unfavourable revenue variance is mainly due to lower Underground power Service Charges of $184k and grant operating, contribution & reimbursement income of $106k.

Borrowings

At 31 December 2019, we have a balance of borrowings of $6.7 M. There were no additional borrowings for the year in 2019/20 budget and the estimated loan balance as at 30 June 2020 is $5.9 M.

Net Current Assets Statement

At 31 December 2019, net current assets were similar $18.8 M compared to $18.4 M as at 31 December 2018. Current assets are higher by $3.3M offset by higher liabilities $2.8M.

Capital Works Programme

At the end of December, the expenditure on capital works was $2.4M with further commitments of $2.6 M which is 39.7% of a total budget of $12.7 M.

In November, Council approved some changes to capital works budget amounting to a reduction of $29,320, thereby reducing the annual budgeted capital works to $12,773,055 and increasing the surplus to $53,854.

42


Employee Data

Description NumberNumber of employees (total of full-time, part-time and casual employees) as of the last day of the previous month

182

Number of contract staff (temporary/agency staff) as of the last day of the previous month

4

*FTE (Full Time Equivalent) count as of the last day of the previous month

151.31

Number of unfilled staff positions at the end of each month 23

*FTE: Small increase occupied FTE from previous month due to substantive filling of vacant roles including in childcare and works areas.

Conclusion

The statement of financial activity for the period ended 31 December 2019 indicates that operating expenses are above the year-to-date budget by 0.4% or $64k, while revenue is above the budget by 1.4% or $557k.


Nil.

Consultation

N/A


As outlined in the Monthly Financial Report.

43


13.5 Monthly Investment Report – December 2019


Nil.

Director Lorraine Driscoll – Director Corporate & StrategyCEO Mark GoodletAttachments 1. Investment Report for the period ended 31

December 2019

Executive Summary

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


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

Discussion/Overview

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

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

The investment summary shows that as at 31 December 2019 the City held the following funds in investments:

Municipal Funds $ 9,879,702.34Reserve Funds $ 6,803,452.55 Total $ 16,683,154.89

The total interest earned from investments as at 31 December 2019 was $134,109.54.

44


The investment portfolio comprises holdings in the following institutions:

Financial Institution Funds Invested Interest Rate Proportion of

PortfolioNAB $4,695,631.24 1.40% - 2.73% 28.15%

Westpac $6,116,522.05 1.75% - 2.24% 36.66%

ANZ $2,191,001.62 1.64%-2.20% 13.13%

CBA $3,679,999.98 1.30% - 2.38% 22.06%

Total $16,683,154.89 22.06

28.15%

36.66%

13.13%

22.06%

Portfolio Diversity

NAB Westpac ANZ CBA

Conclusion

The Investment Report is presented to Council.


Nil.

Consultation

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


Investment income is steady as per budget.

45


13.6 Monthly Financial Report – January 2020


Nil

Director Lorraine Driscoll – Director Corporate & StrategyCEO Mark GoodletAttachments 1. Financial Summary (Operating) by Business Units

– 31 January 20202. Capital Works & Acquisitions – 31 January 20203. Statement of Net Current Assets – 31 January

20204. Statement of Financial Activity – 31 January 20205. Borrowings – 31 January 20206. Statement of Financial Position – 31 January 20207. Operating Income & Expenditure by Reporting

Activity – 31 January 20208. Operating Income by Reporting Nature & Type –

31 January 2020

Executive Summary

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


Council receives the Monthly Financial Report for 31 January 2020.

Discussion/Overview

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

46


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

This report gives an overview of the revenue and expenses of the City for the year to date January 2020 together with a Statement of Net Current Assets as at 31 January 2020.

The operating revenue at the end of January 2020 was $31.88 M which represents $63k favourable variance compared to the year-to-date budget.

The operating expense at the end of January 2020 was $17.16 M, which represents $648k favourable variance compared to the year-to-date budget.

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

Governance

Expenditure: Favourable variance of $ 369,541Revenue: Unfavourable variance of $(132,506)


professional fees of $217k and WESROC cost of $92k not incurred yet salaries, other employee costs and staff recruitment costs in HR are

lower by $121k which are offset by higher insurance cost of $95k, both of which are due to timing differences and will even out during the year.

The unfavourable revenue variance is due to timing difference of WESROC Invoice to other Western Suburbs and reduced scope of work.

Corporate and Strategy

Expenditure: Favourable variance of $ 414,733Revenue: Favourable variance of $ 111,336


timing differences in the use of professional services ICT expenses of $211k.

47


salaries of ICT and customer service expenses are lower by $181k due to delay in filling vacant positions.

Favourable revenue variance is due to timing difference of rates income of $185k mainly arising from higher instalment interest and late payment interest of $68k, administration charges of $36k and rates of $61k. The annual budget for rates is $24.477m compared to rates levied YTD is $24.491m.

The higher rates income is offset by lower interest income by $73k due to lower interest rates.

Community Development and Services



expenses not expended yet for community donations of $8k special projects of $43k and operational activities $13k. Also, Tresillian courses fees and other Nedlands Library expenses of

$97k hasn’t been expensed. Salaries of community development, PRCC and Library services are

lower by $81k due to timing differences which will even out by end of year.

The Favourable revenue variance is due to increase fees & charges income from Positive ageing, Tresillian courses, NCC and PRCC of $154k.

Planning and Development

Expenditure: Favourable variance of $ 289,028Revenue: Favourable variance of $ 169,493


expenses not expended yet for operational activities of $61k, other expenses of Environmental Health and ranger services of $55k. Salaries of strategic planning, rangers and building services is lower by

$183k due to delay in filling vacant positions

Favourable revenue variance is mainly from planning fees & charges of $158k due to new town planning scheme amendments.

48


Technical Services

Expenditure: Unfavourable variance of $ (694,069)Revenue: Unfavourable variance of $ (265,053)

The unfavourable expenditure variance mainly due to:

UGP refund from Western Power of $842k budgeted in 2019/20. However, the refund has since been accrued in 2018/19 as the refund was confirmed in June 2019 and relates to expenses incurred in 2017/18 and 2018/19 and will be adjusted during the midyear budget review.

Waste minimisation expenses are lower by $296k due to timing difference

Parks and building maintenance cost is lower by $297k due to timing difference.

Additionally, due to a lower level of capital works completed than budgeted year to-date, on costs of $778k have not been costed to projects. This will even out as the level of completed capital works increases.

Unfavourable revenue variance is due to lower Underground power Service Charges of $210k and lower contributions of $73k. Borrowings

At 31 January 2020, we have a balance of borrowings of $6.63 M. There were no additional borrowings for the year in 2019/20 budget and the estimated loan balance as at 30 June 2020 is $5.9 M.

Net Current Assets Statement

At 31 January 2020, net current assets were similar $16.4 M compared to $15.5 M as at 31 January 2019. Current assets are higher by $3.4M offset by higher liabilities $2.5 M.

Capital Works Programme

At the end of January, the expenditure on capital works were $2.9M with further commitments of $3.0 M which is 46.5% of a total budget of $12.7 M.

49


Employee Data

Description NumberNumber of employees (total of full-time, part-time and casual employees) as of the last day of the previous month

181

Number of contract staff (temporary/agency staff) as of the last day of the previous month

5

*FTE (Full Time Equivalent) count as of the last day of the previous month

153.55

Number of unfilled staff positions at the end of each month 23

*FTE: increase occupied FTE from previous month due to substantive filling of rates, payroll relief, planning and facilities management roles – although there is a reduction in total number of employees.

Conclusion

The statement of financial activity for the period ended 31 January 2020 indicates that operating expenses are under the year-to-date budget by 3.6% or $647k, while revenue is above the Budget by 0.2% or $63k.


Nil.

Consultation

N/A


As outlined in the Monthly Financial Report.

50


13.7 Monthly Investment Report – January 2020


Nil.

Director Lorraine Driscoll – Director Corporate & StrategyCEO Mark GoodletAttachments 1. Investment Report for the period ended 31

January 2020

Executive Summary

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


Council receives the Investment Report for the period ended 31 January 2020.

Discussion/Overview

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

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

The Investment Summary shows that as at 31 January 2020 the City held the following funds in investments:

Municipal Funds $ 8,883,252.07Reserve Funds $ 6,812,769.81 Total $ 15,696,021.88

The total interest earned from investments as at 31 January 2020 was $156,001.19.

51


The Investment Portfolio comprises holdings in the following institutions:

Financial Institution Funds Invested Interest Rate Proportion of

PortfolioNAB $4,701,545.14 1.40% - 2.73% 29.95%

Westpac $5,116,135.20 1.75% - 2.24% 32.60%

ANZ $2,193,697.51 1.64%-2.20% 13.98%

CBA $3,684,644.03 1.30% - 2.38% 23.47%

Total $15,66,021.88 23.47

29.95%

32.60%

13.98%

23.48%

Portfolio Diversity

NAB Westpac ANZ CBA

Conclusion

The Investment Report is presented to Council.


Nil.

Consultation

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


Investment income is steady as per budget.

52


13.8 Options for Council Governance of LPS3 Policy Framework

Council 25 February 2020Applicant City of Nedlands Employee Disclosure under section 5.70 Local Government Act 1995

Nil.

Director Peter Mickleson, Director Planning & DevelopmentCEO Mark Goodlet, CEOAttachments Nil.

Executive Summary

At Council’s 26 November 2020 ordinary meeting, Council considered options for Council Governance of LPS3 Policy Framework and resolved as follows:

“That Council defers this item to a December Councillor Briefing and brings the matter back to the February 2020 Council Meeting.”

Due to the unavailability of some elected members for a briefing in December 2019 the briefing on this item was cancelled. It is intended to briefly discuss this matter at the Council Strategy Day on 7 March 2020 and then hold a briefing in April or May. The matter will be brought back to the Ordinary Council Meeting in May 2020.


That the Council notes the new timeframe for discussing options for Council Governance of LPS3 Policy Framework.


At the Special Council meeting of 5 November, the Council resolved as follows:

“Council Resolution

Council instructs the Chief Executive Officer to provide a report to Council in November 2019 as part of the Resourcing Plan to deliver a policy framework for LPS3, which considers options for appropriate Council governance (including a formal Committee, advisory group or other mechanisms), and proposed Terms of Reference.”

At the Ordinary Council meeting of 26 November 2019, the Council resolved as follows:

53


“Council Resolution

That Council defers this item to a December Councillor Briefing and brings the matter back to the February 2020 Council Meeting.”

54


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

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

14.1 Councillor Hodsdon – Weed Control

At the Council Meeting on 17 December 2019, Councillor Hodsdon gave notice of his intention to raise the following at this meeting:

Council:

1. requests the Chief Executive Officer investigates alternatives to use of glyphosate free weed control on verges in the city; and

2. considers a trial area within the City for 12 months to determine more accurately cost, effectiveness and customer satisfaction.

Justification

Use of Glyphosate

It is almost undisputed that excessive use of Glyphosate is bad for you. (workers who apply the material without adequate safety precautions…. Farmers and gardeners) In fact we have warning signage when we use it and there are clear safety instructions)

The general public risk is harder to define. The two major bodies who have evaluated the risk to the general population. The World Health organisation (WHO) claim limited risk while the EU study suggests very limited Risk.

The risk, though minor, is likely to be there and we should consider steam or alternative glyphosate free controls of weeds over verges. This is an area that the ratepayer MUST traverse and thus has no way of avoiding exposer. It is also an area were water run-off is likely to go into their properties thus contaminating their land and soils. (can be active to up to 120 days).There is likely to be an extra cost (relatively minor per ratepayer).

I have attached 3 documents:

1. Easy to read pro and cons. Home guild2. Summary of WHO research on the issue3. EHP findings

55


Large test groups have shown possible relationships to ADHD, Autim, Birth Defect, Cancer, Celiac Disease, Kidney Disease, Colitis, Depression, Diabetes, Heart Disease, Hypothyroidism, IBS, Liver Disease, Reproductive problems. Brain Cancer – rather uncommon but parents who have been exposed to the product with 2 years of conception have significantly higher rates. Breast Cancer/ Blood Cancers – animal tests show significant increases after exposer. Lung Cancer – 2 to 4 times high in countries that use significant amounts. Ie USA (relative low usage) compared small communities in South America (high usage).

Administration Comment

Herbicide products containing glyphosate as the active ingredient (HPCGs) comprise the most widely used broad-spectrum systemic herbicides in the world. Due to their efficacy and the economic advantage they represent over other weed management methods, HPCGs are extensively used in agriculture, silviculture and horticulture, including local government operations in Australia.

Most major international pesticide and environmental regulatory authorities have recently conducted reviews on the safety of glyphosate and HPCGs. Following risk based assessments the Australian Pesticides and Veterinary Chemical Authority (APVMA), United States Environmental Protection Agency (US EPA), Health Canada Pest Management Regulatory Agency (PMRA), European Chemicals Agency (ECHA), European Food Safety Authority (EFSA), Environmental Protection Authority New Zealand (EPA NZ) and Brazilian Health Regulatory Agency (ANVISA) have published statements confirming that HPCGs are safe to use in accordance with label instructions and that glyphosate does not pose a cancer risk.

Any risks associated with glyphosate are greatest at the time of handling and mixing the undiluted herbicide formulation. These risks are controlled through measures specified on HPCGs labelling and include wearing gloves and goggles when handling and mixing the product, washing off any product splashed on the skin or clothes in a timely manner and washing hands before eating. There are minimal precautionary measures required for workers when applying prepared diluted tank mixed HPCGs by handheld equipment and no respiratory protections are required.

The APVMA has published the following statements regarding glyphosate products:

7 August 2019 – “Products containing glyphosate are safe to use in areas which will be later used by people and animals provided the label instructions are followed”.

9 September 2019 – “Registered products containing glyphosate are safe to use according to label directions. For many home garden products,

56


which are already diluted and ready to use, there are no special precautions or protective equipment needed for safe use”.

“The APVMA considered the 2015 International Agency for Research on Cancer (IARC) report, along with many scientific studies, and like other regulators, we determined that glyphosate is safe to use according to our label directions. It is important to appreciate that the IARC report on glyphosate is a hazard assessment. This does not include risk assessment and risk management, which are steps undertaken by regulators such as the APVMA”.

30 September 2019 – “The APVMA conducted a weight-of-evidence evaluation that included a commissioned review of the IARC monograph by the Department of Health, and risk assessments undertaken by expert international bodies and regulatory agencies. The APVMA has concluded that glyphosate does not pose a carcinogenic risk to humans and that there are no grounds to place it under formal reconsideration”.

HPCGs remain the most economical and effective means available to the City to control a wide range of weeds and plant pests as part of its operations. Based on the most current published advice of multiple international regulatory authorities, the community and the environment are not exposed to risk of harm associated with the City’s use of HPCGs in its routine operations. Consequentially, trialling alternative weed control measures which are more costly and less effective is not considered warranted.

A non-pesticide trial has previously been undertaken by the City. It demonstrated that alternatives were substantially less effective than current practice and in the order of three times the cost.

Council can be confident that the City of Nedlands, along with WESROC local governments and many other Local Governments are actively looking for alternatives to glyphosate and will bring anything positive to Council.

For the reasons provided above the trial is deemed unnecessary at this time and the recommendation is not supported.

57


14.2 Councillor Wetherall – Rescission Motion

On the 2nd February 2020 Councillor Wetherall, Councillor McManus, Councillor Hassell, Councillor Hay and Councillor Senathirajah in accordance with Standing Orders Local Law 2009, Part 14 gave notice of their intention to move the following at this meeting.

We, the undersigned wish to rescind a previous Council decision of 17 December 2019, item 16.2 – Nedlands Foreshore Riverwall in accordance with Standing Orders Local Law 2009, Part 14 as listed below:

Signatories:

1. Councillor Wetherall2. Councillor McManus3. Councillor Hassell4. Councillor Hay5. Councillor Senthirajah

Rescission Motion

That Council:

1. revokes the Council Resolution for item 16.2 – Nedlands Foreshore Riverwall of the Ordinary Council Meeting of 17 December 2019 clause 1. decides to delay acceptance of any tendered contracts associated with the Nedlands Foreshore Riverwall Restoration to allow the Council and the City time to explore other community benefit and nature-based options;

2. notes that clause 2 of the Council Resolution for item 16.2 – Nedlands Foreshore Riverwall remains in place as follows: 2. requests the City be receptive to any offers by UWA Marine and Environmental Engineering Academics to hold a workshop to assist the City in creating alternative options. Specifically, to explore the benefits of the addition of groins and pocket beaches along the Charles Court reserve shoreline;

3. to the extent of contract supported and funded by the WA State Government, agrees to award Tender No. RFT 2019-20.03 to DB Cunningham Pty Ltd T/A Advanteering Civil Engineers for the Nedlands Foreshore Riverwall Restoration Stage 3a project as per the submitted schedule of rates (in confidential Attachment 1, item 13.9 of the Ordinary Meeting of Council of 17 December 2019) subject to minor negotiations;

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

58


5. instructs the Chief Executive Officer to defer further planning for the restoration of the Nedlands Foreshore River Wall until Administration has reviewed advice from UWA Marine and Environmental Engineering staff on alternatives to revetment solutions, including pocket beaches and groins for remaining locations, and the relative costs of such proposals; and

6. instructs the Chief Executive Officer to report to the May Meeting of Council with a recommendation for completion of the Nedlands Foreshore River Wall Restoration Plan.

ABSOLUTE MAJORITY REQUIRED

Justification

1. The resolution concerning the Nedlands Foreshore River Wall Restoration Plan was approved at very short notice as urgent business during the last Council meeting of 2019. At that meeting councillors did not have the benefit of a written report from Administration on the consequences of the drastic changes entailed to a major long-term project, approved by community consultation, and for which implementation has already commenced.

2. The resolution, if not rescinded, will result in the City foregoing ≈$250,000 of WA Government grant funding, and will entail a further $70-100K of costs in revising the Nedlands Foreshore River Wall Restoration Plan and undertaking a new community consultation program.

3. Reneging on an approved and funded WA Government grant for the foreshore river wall will preclude any further Government funding in the foreseeable future due to the heavy demand on Government for such funding.

4. The cost of the research required to plan for groins and beaches, together with the actual development of the groins and beaches will far exceed the costs of pursuing the current plan now approved by ratepayers and electors. The rescission motion DOES ALLOW for new concepts to be reviewed by Council and ratepayers/electors prior to any further work beyond that contracted being initiated. However, it is noted there has to be a balance between outcomes and costs borne by the ratepayer. Gold plated solutions may be desirable, but unaffordable. Future generations may be wealthy enough to pursue these ideals.

59


5. The current revetment program has been well received by the ratepayers/electors and is largely self-sustaining with only minor maintenance required. Furthermore, this plan was decided and enacted by a previous Council some years back and more consideration should be afforded before desisting with a plan that is working well.

6. The present plan has in fact allowed for some development of beaches and groins, giving access to the river often in conjunction with sailing and other sporting clubs. No one is being denied access to the river.

7. The location between the Yacht Club and the Jetty is dedicated to sporting fields and activities. The strip of land between the present river wall and the playing fields is narrow ≈12-15m on average; this land is not well suited to beach and groin activities involving children and extended family or social groups.


The effect of this motion will be to re-establish the previous direction of Council in relation to proceeding with a contract to construct the southern 140m section of the river wall at Charles Court reserve as planned. Thereafter a review of options would be undertaken for the remaining river frontage along Charles Court Reserve.

At stake in this notice of motion is only this 140m section of river wall due for immediate construction. Under this notice of motion and the existing resolution of Council the remaining section is to be reconsidered for design at a later date.

The proposed scope of river wall restoration work for this stage consists of approximately 140 linear metres of rock revetment, pocket beach and biscuit rock revetment works at Charles Court Reserve. The DBCA identified this section of river wall as the next priority following recent condition assessments. Proposed works would commence at the Nedlands Yacht Club boat ramp and progress towards the foreshore exercise equipment opposite Bessell Avenue. Works proposed include the repair and strengthening of the Nedlands Yacht Club boat ramp, formalising of the beach adjacent to the boat ramp, installation of a biscuit rock platform adjacent to the beach, construction of rock revetment and landscaping.

Point 2 of the justification is correct regarding the financial impact of not proceeding with the contract through loss of grant funding this round. Further design work and community engagement will be required with or without this rescission in the order of $70k to $100k.

60


It is unlikely that the City would be able to develop design options, go to consultation, select a design, detail the design, procure a contractor and construct a new option by December 2020 when the grant funding expires.

14.3 Councillor Mangano – Real Estate Signs

On the 11th February 2020 Councillor Mangano gave notice of his intention to raise the following at this meeting:

Council’s Local Planning Policy - Signs is amended to include three (3) additional clauses as follows:

1. A real estate agent’s sign, once the property is sold is to be removed within 7 days;

2. If the signs are not removed within 7 days, the council’s staff shall remove the signs; and

3. A fine of $100 shall be applied to the agent concerned.

Justification

Since Local Planning Scheme 3 was gazetted a number of real estate agents have been leaving signs on council verges and sometimes private property, with sold stickers, for many months. This is a form of littering and is also unauthorised advertising. I have been advised a permit should be required, but we have not enforced this requirement. This motion provides administration with the ability to provide enforcement to discourage this form of visual pollution.


Administration do not support this Notice of Motion as it would be difficult/expensive to implement. Further there has been 1 complaint from a member of the public since January 2019 indicating this is not a matter of community concern. There is no evidence that the problem as materialised since the gazetting of Local Planning Scheme 3.

In response to 1 - The major difficulty for the City is knowing when a property is sold. Staff do not have easy access to this information and would have to contact the agent who may not provide the information (especially if it is a precursor to prosecution). If we accept the date of sale as when the “sold” sticker is placed on the sign, again, we will need to have staff specifically checking every real estate sign, probably daily, to know when a sold sticker appears.

Our understanding is the settlement process generally takes 28 days for the property to go “unconditional” So a sold sticker is likely to be in place for at

61


least this long (i.e. more than 7 days). If the property fails to settle the sold sticker comes off and the For Sale sign remains in place.

Once the sale is unconditional, we understand that the real estate agent arranges for the sign to be removed, I understand that by convention this usually happens soon after possession date – but not before. This timeframe for settlement is variable therefore the 7 days proposed in 1. is not feasible.

In response to 2. - The Rangers have provided the following comments

Rangers are authorised under the LGA for the purposes of removing and impounding items that are in contravention of a local law or regulation.

It is an offence to place an item (sign) on the verge without a permit under the Thoroughfare Local Law. Rangers can issue an infringement notice or impound the item if it’s in contravention of the local law. However for practical purposes we allow Real Estate signs to be placed adjoining the front boundary as per the Signs LPP

Rangers have no authorisation under the Planning and Development Act for the purposes of enforcing planning policies. Therefore, an appropriate person would have to be authorised.

Rangers cannot remove or impound signs on private property. An amendment could be made to a local law but then it raises serious issues regarding Powers of Entry. LGA 3.28 - Powers of Entry - Officers can only enter private property to perform functions under the Act when there is consent by the owner/occupier or with a warrant (JP or Police). Would the City be comfortable getting a Warrant to enter a property to impound a sign? For example: Rangers only use warrants for the purposes of seizing a dog that have been involved in serious dog attack/dangerous dog that is putting the community at significant risk.

Rangers have received one complaint from a resident since January 2019 regarding a For Sale sign with a SOLD sticker being out for months. Rangers followed up with the Real Estate agent and requested the complainant to contact the real estate agent directly.

If an amendment to the policy was to occur and Rangers had authorisation to enforce, it would reallocate resources away from Ranger related tasks (parking enforcement, animal control and management, investigations etc) unless another person was authorised to undertake this task.

In response to 3. - The Signs Local Planning Policy does not provide for a penalty and a Planning Infringement Notice cannot be issued for land on the verge because it is not subject to the Local Planning Scheme and therefore the Planning and Development Act. A fine is unlikely to be able to be applied to the agent. It would most likely attach to the landowner and then a dispute is likely to arise as to who owned the property at the time the fine was imposed…the old or new ratepayer? The whole fine/prosecution issue would need legal advice – allow $4,000.

In summary what is proposed is problematic. It would be an additional service requiring addition resources (not yet quantified but starting from $20,000 p.a.)

62


for an issue that does not appear to be a problem…at least as far as the community are concerned. The Council has many higher priorities at present. An alternative is if we get a complaint from the community, we simply have someone ring the real estate agent – no rules, no great expense, to seek cooperation.

14.4 Councillor Mangano - Scheme Amendment – South Broadway / Kingsway / Hillway

On the 14th February 2020 Councillor Mangano gave notice of his intention to raise the following at this meeting:

Council resolves to create a scheme amendment to LPS3 to reduce the zoning on 64-96 Kingsway and 7-23 Hillway from R60 to R12.5, 1-5 Hillway from R-AC3 to R12.5, and 133-139 Broadway from R-AC3 to R-AC4.

Justification

The reason for this is to minimise the transition issues within this area, and also the City of Perth area across Broadway, including overshadowing, overlooking, excessive height and bulk and setback issues. The revised zonings will still allow up to 105 new dwellings to be created, where there is currently only 32.


Summary

The proposed scheme amendment is not supported at this time. The Chair of the WAPC has indicated to staff that “interface” issues such as this should be dealt with via Local Planning Policies and that the Minister is highly unlikely to support a scheme amendment to change the density codes. Any scheme amendment is required to be based on sound town planning principles which requires staff / consultants to investigate, test and model the associated options to then present those options back to Council. The key to this work is the built form and traffic modelling which is either underway now or soon to be. This work would need to be completed prior to work commencing on a scheme amendment. The same work is also feeding into the Broadway Precinct Local Planning Policy (which Council resolved to commence in November 2019) and the Transition Zones Local Planning Policies which are identified priorities of Council. Council has not currently allocated enough resources to allow this proposed scheme amendment to be progressed (estimated $30-50,000 if using consultants).

Discussion

63


Once the City has received completed data from the built form and traffic modelling it will begin consultation with the local community. Given that the DPLH and City of Perth have already commenced a project for establishing the Specialised Activity Centre Structure Plan for the QEII- UWA area, which includes the RAC3 portion of Broadway, it is highly unlikely that the WAPC will support a scheme amendment to Broadway prior to this Structure Plan being formulated and approved.

As the City has not completed the built form modelling nor the local character and distinctiveness study, there is no current data or information to inform the validity of reducing the density along Hillway, Kingsway and Broadway, and as such would not be based on sound town planning principles, and therefore the reason why it would be highly unlikely to be supported by the WAPC or the Minister for Planning. The timing for the built form modelling is:

February 2020 – Hassell engaged to undertake built form modelling March 2020 – Deliverable 1 and 2 (local character study and context

analysis) complete April 2020 – Deliverable 3 (modelling and built form controls) complete May/June 2020 – presentation of work to Council meeting

Administration advises Council that any such Scheme Amendment should, if supported, be delayed until such time as Hassell has completed its built form modelling and local character assessment, that Council then utilises the expertise it has engaged to inform the appropriate mechanism(s) for completing the local planning framework. Community sentiments is but only one consideration that needs to be evaluated and on its own does not form a sound town planning argument to down code a particular area of City.

Entertaining this proposed amendment may set an undesirable precedent across the community whereby each precinct undergoing change will expect the same response. The City has an established program of work (provided weekly to elected members and reproduced below) to tackle each area of upcoding, and each Council initiated amendment diverts resources away from critical projects and timelines accordingly.

The City has also received verbal advice by Mr David Caddy in which the Mayor was present, whereby Scheme amendments were discouraged and that local planning frameworks should be established via Local Planning Policy as the statutory mechanism to affect any primary control and other changes which may or may not require WAPC approval.

Please also be reminded that the Community, with the use of Town Planning Consultants may wish to prepare and initiate their own Local Planning Scheme Amendments, forming their own town planning arguments and justifications for changes in zoning, of which the City and Council will be required to accept and make decisions as to whether to support or not support those amendments. This would be at the landowner’s cost and treated in the same way as if someone were to propose to up code an area similar to

64


Scheme Amendment #1 for Bedford Street which Council refused to consider in September 2019.

This NOM proposes a “Complex” Scheme amendment as defined in Section 34 (a) of the Planning and Development (Local Planning Schemes) Regulations 2015 given that it would be “an amendment that is not consistent with a local planning strategy for the scheme that has been endorsed by the Commission”. b) an amendment that is not addressed by the local planning strategy; c) an amendment relating to development that is of a scale, or will have an impact, that is significant relative to development in the locality.Local Planning Strategy 2017 States:

Broadway is a Targeted infill “urban growth area” which is defined as follows:

“Urban Growth Areas will contain the most intense development in the City of Nedlands. Multiple dwellings (apartments), commercial and mixed-use developments will be the predominant development types in these areas. Development is not necessarily expected to be homogenous between Urban Growth Areas or even within Urban Growth Areas.”

As the proposed amendment is inconsistent with the Local Planning Strategy it would be determined as a “Complex” Scheme Amendment. Division 2, Clause 37 of the P&D Regulations establishes the process for such an amendment.

Resourcing

Council has determined its planning priority workload which has not, to date, included work on a scheme amendment in this location. If Council believes that such a scheme amendment is now a priority it should indicate which other work should be deferred. Alternatively, if Council wishes its other priorities to be progressed with no changes it should allocate additional funding so that this work can be progressed using external consultants. It is roughly estimated that between $30-50,000 should be allocated by Council should it wish to progress this scheme amendment with external consultants. As advised previously the Nedlands (Statutory) planning department is now processing the same number of complex DA’s or JDAP applications as the City of Stirling with about one third of the resources.

As advised every week the current work programme (Strategic Planning only) is as follows:

Project Status Next task TimingMajor Projects

POS Strategy Engagement analysis

GAP analysisKey issues

Council Briefing March 2020Scheduled to be reported to Council in April 2020 as a Draft

65


Project Status Next task TimingTown Centre Precinct Plan (LPP)

Draft adopted at September Council meeting.

Funding for additional technical reports and modelling approved at November Council meeting.

Hassell has been awarded built form modelling tender.

Advertise request for tender for technical studies relating to traffic and built form urban design. The CEO has delegation to approve issuing tenders until end of January 2020

Hassell awarded the contract

Hassell to begin work February 2020

Technical studies to be undertaken (Built Form, Character and Traffic)

February – April 2020

Revise LPP and present back to Council prior to formal advertising

Mid 2020

Waratah Ave Precinct Plan (LPP)

Pre-engagement with the community undertaken.

Traffic and build form studies to be undertaken.

Hassell has been awarded built form modelling tender.

Traffic and built form studies to be undertaken – see Town Centre Precinct Plan LPP above.

February – April 2020

Produce draft LPP and present to Council for advertising.

Mid 2020

Broadway Precinct Plan (LPP)

Funding for additional technical reports and modelling approved at November Council meeting. Ongoing discussion with City of Perth and Department of Planning, Lands and Heritage

Traffic and built form studies to be undertaken – see Town Centre Precinct Plan LPP above.

January – April 2020

Draft Interim Built Form Guideline LPP for Broadway currently being advertised for 21 days

February 2020

66


Project Status Next task Timing

(DPLH) to align with structure planning for QEII/UWA and in relation to cost sharing technical studies. Liaising with DPLH regarding duplication of tasks and potential repetition in regard to the Strategic Activity Centre Plan (SACP) for QEII –

Precinct Plan based LPP will then follow once traffic and built form analysis is complete. Whether this forms part of the SACP for QEII – UWA or as an LPP is yet to be determined.

Administration is preparing an interim LPP for Broadway which will be presented to a Special Council Meeting at the end of January 2020.

Draft LPP was presented at the State Design Review Panel in early February 2020, report is pending.

January 2020

Mt Claremont East Strategy

DPLH advice put to CouncilBriefing completed on October 1st, 2019Council – December 2019

Produce draft Master Plan and present to Council for advertising.Discussing with the UWA Masters Students as to whether they could use the area as their Master Plan Unit study area.

Mid 2020

QEII/UWA SCP City of Perth / DPLH led, project planning / inception meetings December 2019

Lead by City of Perth (CoP) with DPLH and City of Nedlands.

Planning for the area in begins December 2019.

Please see comment regarding Broadway Precinct.

67


Project Status Next task Timing

Regular meetings including City of Nedlands representative but primarily driven by City of Perth. No further meetings have been attended since last weekly update.

Stirling Highway Activity Corridor Precinct LPP

Project Planning

Scoping consulting requirements and costs

Research & backgroundPlanning context analysis

2020/2021 financial year, likely to commence mid 2020

Hampden Road Precinct Plan LPP

Project Planning



Pending advice fromDPLH regarding Strategic Activity Centre Structure Plan.

2020/2021 financial year, likely to commence mid 2020

Carrington Street Government Road Precinct Plan LPP

Project Planning



2020/2021 financial year, likely to commence late 2020

Density Transition areas Local Planning Policy Sub precincts now defined

Hollywood EastHollywood CentralHollywood WestMelvista EastMelvista NorthBroadway East,

Background research and Project Planning.

Scoping consulting requirements and costs.

Project has commenced.

Preparing a community engagement plan, preparing the context analysis and statutory provisions.

Preparing documentation for a character study

Project commenced October 2019.Council Briefing March 2020.

This project will form 8 separate Local Planning Policies 1 for each precinct as listed and will include built form

68


Project Status Next task TimingBroadway Central, Broadway South

of the transition areas to be carried out early 2020.

This is the areas not in the mixed-use zone but the higher density areas transitioning away from the mixed-use zone.

design, laneway locations, and character related streetscape response.

Draft Local Planning Policies to be presented to Council June 2020 – September 2020

Scheme Amendments Scheme Amendment # 3 Residential transition provisions

Finalising Amendment document and liaising with Scheme Amendments team at DPLH

A scheme amendment is required to investigate consolidated access in subdivision scenarios. It also seeks to introduce deep soil areas for tree planting and dwelling mix criteria for grouped housing scenarios.

Draft Scheme Amendment report.

Project commenced October 2019Council Briefing March 2020Report to Council March 2020

Scheme Amendment # 4 Fast Food Outlet Prohibition

Local Planning Policy as interim measure to be developed and tabled to

Investigating and researching.

Following the re-introduction of Fast Food as a discretionary use, the administration believes that the prohibition of TPS2 should

Draft the Scheme Amendment and Council report.

March 2020 Briefing for CouncilReport to Council April 2020

69


Project Status Next task TimingCouncil at the same time

remain for public health purposes and therefore seek to amend the scheme to change the land use classification to “X” in all zones.

Local Planning PoliciesConsultation of Planning Proposals

Being reviewed to include more guidance on engagement on strategic planning proposals.

Review internally and present revised LPP to Special Council Meeting in March 2020 to approve for advertising

Report to Council for March 2020 to advertise.

Reformat Swanbourne Design Guide

Existing LPP on website not well set out

Fit to template. No other changes.

Update website 2020

Residential Development – Single and Grouped Dwelling- revoke TPS2 LPP for Fence and Fill

Adopted at December 2019 Council as final. Sent off to WAPC for approval of provisions relating to landscaping.

Providing justification for landscaping provisions. Awaiting WAPC comment/approval

Adopted as final by Council in December awaiting WAPC approval for landscape clause only.

Parking Sent adopted Parking LPP to the WAPC for approval following WAPC meeting with Council.

Awaiting WAPC comment/approval

Sent to the WAPC post Council decision.Awaiting further advice from WAPC.

Waste Management

Report to Council March 2020 for final adoption


Advertising closed. back to Council in March 2020.

Laneways Following EMT discussions completed briefing for December Briefing (presented by Jim) awaiting update

Report to Council February 2020 for adoption to advertise

Following update from Technical Services on December Briefing.Back to Council in February 2020.

Occupancy Restriction Removals

Research and investigate various aged

Determine process for removal, where & how it will apply

Scheduled to be sent to Council in March 2020 to

70


Project Status Next task Timingrestrictions in place

provide consent to advertise Draft Procedure.

Residential Aged Care Facilities


Report to Council April 2020 for final adoption

Advertising closed. Back to Council in April 2020 for Final Adoption.

Fast Food Outlets

Scoping policy context

As an interim measure, and whilst we seek a scheme amendment to ban Fast Food Outlets a local planning policy is required to address this discretionary land use in the mixed-use zone. This will also be the fall-back position if the Minister does not grant scheme amendment for the fast food outlet land use prohibition in the Scheme.

Briefing March 2020Scheduled to be sent to Council in April 2020 for consent to advertise.

Student Accommodation

Scoping Policy Context.Considering a number of approaches from Student housing proponents, and no current planning framework we have identified the need for local planning controls

Preparing the Draft Policy

Briefing recommended for April 2020Draft Policy scheduled to be presented to council in May 2020 to consent to advertise.

Public Art Percentage Contribution Policy

Scoping policy and context

Policy to explore contributions from developers to public art. Currently scoping context.

Briefing for March 2020.Draft Policy scheduled to be presented to council in May 2020 to consent

71


Project Status Next task Timingto advertise.

Community Benefit and Development Potential Policy

Background research.

Continue background research and draft a policy scope.

Mid 2020 for consent to advertise.

Waratah Village Laneway Policy

Report to Special Council Meeting in March 2020 for final adoption

Policy required in response to DA at 95 Waratah Avenue Dalkeith to activate scheme clause to require ceding of land and construction of a laneway. Report to Council March 2020 for final adoption

Advertising closed.Report back to Council March 2020.4 submissions received no considerable objection to proposed laneway / location.

Doonan Road Laneway Policy

Report and Policy being prepared for final adoption at April Council Meeting.

Policy required in response to subdivision at 18 Doonan Road to activate scheme clause to require ceding of land and construction of a laneway to circumvent a developer putting 5 crossovers into what is currently one lot. Advertise in Jan 2020

Currently being advertised for 21 days.Back to Council likely April 2020 for Final adoption.

Landscaping, Tree Canopy and Deep Root Planting Areas Policy

Background research.

Continue background research and draft a policy scope.

Mid 2020 for consent to advertise.

Smyth Road and Gordon Street Laneway Policy

Report and Policy being prepared for adoption to advertise at March Special Council Meeting

Policy required in response to likely development application at 17 Doonan Road to activate scheme clause to require ceding of land and construction of a laneway to circumvent a

Report and Policy for adoption to advertise at March Special Council Meeting.

72


Project Status Next task Timingdeveloper proposing up to 5 crossovers into what is currently one lot.

Marita Road – Doonan Road Laneway Policy

Report and Policy being prepared for adoption to advertise at April Council Meeting

Policy required in response to newly lodged development application at 92 Smyth Road to activate scheme clause to require ceding of land and construction of a laneway to circumvent a developer proposing up to 5 crossovers into what is currently one lot.

April Council meeting seeking consent to advertise.Bring back to Council for June to approve final policy

MiscellaneousCouncil Policy review

Check as sent through from Exec. Assistant

Review as needed Ongoing

Finalise Heritage Council adoptedGIS updated

Remove State Heritage data sharing agreement

Ongoing

Design Excellence Awards

Panel have chosen one winner of the 2019 Commercial Design Excellence Award 33 Stirling Highway award was granted November 2019 Sundowner

Closed until 2021 Closed until 2021

Station Access Strategies

GHD have produced draft documents for the City to comment on.

Comments are being made.

Comments provided to PTA December 2019.

Draft document to be provided by the PTA early 2020 for the City’s review.

73


Project Status Next task TimingLong-term Cycle Network/ Bike Plan

Comments provided

Await DoT contact for finalised agreed network

Ongoing

Future projectsAberdare Road Investigate and

ResearchTo analyse the current requirements for ceding land for road widening.

Mid 2020

Integrated Transport Plan

Investigate and Research

This is needed to tie in all transport assessment including bike planning, road and freight transport.

Project to schedule to commence June 2020 approximately given current resourcing.

Parking Strategy including cash in lieu requirements

Investigate and ResearchBudget allocation required. Currently needed but not budgeted. This is highlighted recently with the Windsor Cinema expansion DA and significant parking shortfall approved by a council with no requirement for cash in lieu payment.

This is needed to analyse car parking within the City of Nedlands and to identify areas where the City could or would need to build additional car parking. This is a needs assessment and is required in order for the City to collect cash-in-lieu contributions for car parking shortfalls in accordance with LPS3.

Project scheduled to commence June 2020 approximately given current resourcing.

74


14.5 Councillor Bennett – Local Planning Policy - Visual Privacy

On the 14th February 2020 Councillor Bennett gave notice of his intention to raise the following at this meeting:

That Council:

1. prepares and advertises for a period of 21 days a City of Nedlands Local Planning Policy - Visual Privacy to provide guidance for the planning and design of development applications as set out in State Planning Policy 7.2 Volume 2 (SPP-Vol 2) Guidance 3.5 in order to protect privacy as a character of Nedlands and the intrinsic human right of City of Nedlands residents to privacy; and

2. accepts the community drafted Local Planning Policy - Visual Privacy (as per below) as a basis to draft a City of Nedlands privacy policy so that it is ready for consideration in the March 2020 Council Meeting.

Draft Local Planning Policy – Visual Privacy

1.0 PURPOSE

1.1 This policy provides guidance on the planning and design of developments within the City of Nedlands (CoN) with respect to ‘Visual Privacy’ as set out in State Planning Policy 7.2 Volume 2 (SPP-Vol 2) Guidance 3.5.

2.0 APPLICATION OF POLICY

2.1 This policy applies to all planning proposals for new development within the City of Nedlands (it includes minor additions or extensions to existing developments).

2.2 Part 3 of SPP Vol 2 provides guidelines on siting the development and on the design and configuration of apartments.

This policy sets out the City of Nedlands’ approach to the protection of personal privacy and forms part of the overall Character Plan for the City of Nedlands

75


3.0 OBJECTIVES

Article 12 of the Universal Declaration of Human Rights (UDHR) states that ‘No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.’

Australia was one of eight nations involved in drafting the UDHR. Aside from the UDHR, Australia is a party to seven core international human rights treaties. Of these the right to privacy is contained in at least 3, they include:

1. International Convention of Civil and Political Rights (ICCPR) (art. 17)

2. Convention on the Rights of the Child (CRC) (art.16)3. Convention on the Rights of Persons with Disabilities (CRPD) (art

22).

The rights of a child are of particular importance in the City of Nedlands as the City of primarily a residential/family environment. Article 16 reads:

‘1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.

2. The child has the right to the protection of the law against such interference or attacks.’

The City of Nedlands fully recognises that the right to personal privacy is one the most important human rights in Australia.

It is the objective of this Local Planning Policy to ensure that the privacy of individuals, in their own home, is not compromised by neighbouring or potentially overlooking properties.

4.0 POLICY MEASURES

The Office of the Australian Government Attorney General advises that ‘The UN Human Rights Committee has not defined 'privacy'. It should be understood to comprise freedom from unwarranted and unreasonable intrusions into activities that society recognises as falling within the sphere of individual autonomy.’

The Australian Law Reform Commission, in a paper titled ‘Right to personal privacy - developments in Australia and elsewhere’ poised the opinion that there is developing jurisprudence to support notion of a tort of privacy. They noted that in the case of Gross v Purvis [2003] QLD 151 that breach of privacy would include the following essential elements:

76


1. intrudes upon the privacy or seclusion of a neighbour;2. in a manner which would be considered highly offensive to a

reasonable person of ordinary sensibilities; and3. causes the neighbour detriment in the form of mental, physiological

or emotional harm or distress, or which prevents or hinders the neighbour from doing an act that is lawful to do in the privacy of their own property.

The City of Nedlands supports to the Western Australian Police Department’s Neighbourhood watch program which ‘...combats crime in the most effective way – before it starts – by reducing the opportunities for crime to occur…’. The City of Nedlands is predominately a residential area, it has primary schools, churches, daycare centres and kindergartens within its borders. Any opportunity to look directly into a neighbour’s bedroom or living area, or over a school yard, daycare centre, kindergarten or the like is an opportunity for a potential crime to occur.

SPP - Vol 2 3.5 states that ‘Resolving visual privacy issues involves consideration of the views to and from an apartment, between apartments within a development, between a development and neighbouring properties, and the potential for overlooking of communal or private outdoor spaces.’

The City of Nedlands policy is to place privacy considerations over and above all other design concerns. This policy provides that where all of the above elements are met, it is considered that a person’s privacy has been invaded and that the proposed building may not proceed until the design satisfactorily addresses the privacy concerns of properties in the immediate proximity of the development.

1.https://www.ag.gov.au/RightsAndProtections/HumanRights/Human-rights-scrutiny/PublicSectorGuidanceSheets/Pages/Privacyandreputation.aspx

Justification

Privacy is a key element of the character of the City of Nedlands as well as being a natural human right. Local Planning Scheme 3 and R-codes do not adequately protect the right to privacy and the City may provide a clearer position statement and enforce a stronger local planning policy to protect privacy. This is particularly important to recently up-zoned areas of the City where medium to high density developments adjoining lower density residential transition areas as well as single residential properties are inherently vulnerable to overlooking and violation of privacy values. Privacy forms part of the desirability and value of property in the City of Nedlands and therefore all residents need greater protection for privacy as well as the protection from loss of asset value. The community drafted visual privacy

77


policy outlines privacy as a State Planning Policy objective as well as a United Nations recognised natural human right.


The proposed Visual Privacy LPP is not supported at this time. Administration staff have not had the opportunity to review its content so are unable to comment on the planning merits of the proposed LPP. Further, Council has determined its planning priority workload which has not, to date, included work on a Visual Privacy LPP. If Council believes that the proposed LPP is now a priority it should indicate which other work should be deferred. Alternatively, if Council wishes its other priorities to be progressed with no changes it should allocate additional funding so that this work can be progressed using external consultants. No estimate of the additional resourcing required has been made at this time.

In terms of statutory requirements, the City has no powers under the Planning and Development Regulations (Local Planning Schemes) 2015 to accept or adopt a Local Planning Policy which is not created by the City itself. Schedule 2 – Part 2- Division 2 Deemed Provisions for Local Planning Policies.

3 (1) The Local government may prepare a local planning policy in respect to any matter related to the planning and development of the Scheme Area.3(3) A local planning policy must be based on sound town planning principles and may address either strategic or operational considerations in relation to matters to which the policy applies.

This provision does not extend to “the community or the public may prepare”.

The City’s planning department will take instruction through the CEO via Council decision, which in this instance would be an instruction for the City to prepare a local planning policy.

For a local planning policy to be based on sound town planning principles it needs to be developed through research and analysis. The Council, through Administration, would need to assess whether this has been done before determining whether to progress this, or any, proposed LPP.

Also, in accordance with Clause 7.3.2 of SPP7.3 R Codes Volume 1

“the local government may, with the approval of the WAPC amend any other deemed to comply provision within the R Codes Volume 1 by means of a local planning policy, activity centre plan or local development plan where it can be demonstrated to the satisfaction of the WAPC that the proposed amendment:

Is warranted due to a specific need related to that particular locality or region;

Is consistent with the objectives and design principles of the R Codes Volume 1; and

78


Can be properly implemented and audited by the decision maker as part of the ongoing building approval process.’

The proposed policy identifies ideologies rather than identifying quantifiable “deemed to comply’ provisions.

For a Local Planning Policy to operate it needs to be clear to both decision maker and applicant as to what is “deemed to be compliant”.

‘The proposed policy is to place privacy considerations over and above all other design concerns. This policy provides that where all of the above elements are met, it is considered that a person’s privacy has been invaded and that the proposed building may not proceed until the design satisfactorily addresses the privacy concerns of properties in the immediate proximity of the development.’

The LPP therefore does not comply with Clause 7.3.2 of the R Codes because it does not provide policy clauses that can be properly implemented and audited by the decision maker as part of the ongoing building approval process.

This Draft LPP would require WAPC approval where applied under Part 1 of the R Codes, for single and grouped dwelling developments.

In regard to Apartments and Mixed Use: Clause 1.2.3 of SPP7.3 R Codes Volume 2

“Notwithstanding Clause 1.1.1, local government may with the approval of the WAPC prepare local planning policies, local development plans, structure plans and activity centre plans that amend or replace any of the Acceptable Outcomes of the following sections:

3.5 Visual Privacy’

Where it can be demonstrated to the satisfaction of the WAPC that the proposed amendment:

Is warranted due to a specific need related to that particular locality or region;

Is consistent with the objectives and design principles of the R Codes Volume 1; and

Can be properly implemented and audited by the decision maker as part of the ongoing building approval process.

For the same reasons above, the proposed LPP does not comply with Clause 1.2.3 of R Codes V2 because it does not provide policy clauses that can be properly implemented and audited by the decision maker as part of the ongoing building approval process.

79


80


14.6 Councillor Coghlan – Local Planning Policy - Peace Memorial Rose Garden Precinct

On the 18th February 2020 Councillor Coghlan gave notice of her intention to raise the following at this meeting:

That Council:

1. receives the draft Local Planning Policy for the Peace Memorial Rose Garden Precinct prepared and submitted by the precinct community as per attachment 1;

2. as a high priority, prepares, and advertises for a period of 21 days, in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2, Part 2, Clause 4, a Local Planning Policy for the Peace Memorial Rose Garden Precinct, based on the above draft;

3. recognises that planning for the Town Centre Precinct and along Stirling Highway needs to take into account the Local Planning Policy for the Peace Memorial Rose Garden Precinct;

4. instructs the CEO to:

a. Involve the precinct community directly in the preparation of the formal Local Planning Policy for the Peace Memorial Rose Garden Precinct, including by the establishment of a working group with precinct community representatives and by workshops with the precinct community;

b. Ensure that the preparation of the formal Local Planning Policy for the Peace Memorial Rose Garden Precinct takes into account the need to sensitively plan and manage the interfaces between adjoining zones and with adjoining precincts; and

c. Liaise with Main Roads WA to engage with the City regarding

precinct planning, planning instruments and the consideration of development proposals in a manner that is comprehensive, integrated and coordinated, in order to ensure a holistic approach and appropriate outcomes, avoiding inconsistent advice and ad hoc developments;

5. pending adoption of a Local Planning Policy for the Peace Memorial Rose Garden Precinct, when considering development proposals in the precinct takes into account the intention for the policy, the progress towards its creation and the content of the draft community policy; and

81


6. recognises the difficulties and dangers of dealing with development proposals in the absence, shortage or deficiency of:

a. Focussed sub-regional and local area transport planning and traffic management;

b. Studies and strategies to ensure the provision of public infrastructure, utility services and facilities necessary to support areas subject to zoning changes, density increases, replanning and redevelopment;

c. Precinct planning, local planning policies and local area plans to manage detailed area planning and development control;

d. Governance and operational local planning policies required to enable proper and orderly planning and development, including (but not limited to) community consultation, design review, heritage protection and waste management; and

e. A framework for the supply and sharing of resources, works and funding involving the State Government, City and developer contributions.

Justification

This Local Planning Policy requires urgent consideration due to the developments occurring around the area. It is a community initiative that is supportive of council work and is a body of importance required to be included in planning for this important area within the City of Nedlands.


The proposed Rose Garden Precinct Local Planning Policy is not supported at this time. Administration staff have not had the opportunity to review its content so are unable to comment on the planning merits of the proposed LPP. Further, Council has determined its planning priority workload which has not, to date, included work on a Rose Garden Precinct LPP. If Council believes that the proposed LPP is now a priority it should indicate which other work should be deferred. Alternatively, if Council wishes its other priorities to be progressed with no changes it should allocate additional funding so that this work can be progressed using external consultants. No estimate of the additional resourcing required has been made at this time.

In terms of statutory requirements, the City has no powers under the Planning and Development Regulations (Local Planning Schemes) 2015 to accept or adopt a Local Planning Policy which is not created by the City itself. Schedule 2 – Part 2- Division 2 Deemed Provisions for Local Planning Policies.

82


3 (1) The Local government may prepare a local planning policy in respect to any matter related to the planning and development of the Scheme Area.3(3) A local planning policy must be based on sound town planning principles and may address either strategic or operational considerations in relation to matters to which the policy applies.

For a local planning policy to be based on sound town planning principles it needs to be developed through research and analysis. The Council, through Administration, would need to assess whether this has been done before determining whether to progress this, or any, proposed LPP.

The Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulation 2015 state:

3(3) A local planning policy must be based on sound town planning principles and may address either strategic or operational considerations in relation to the matters to which the policy applies.

The City has not yet undertaken its development of a Local Planning Policy. This requires research and analysis which has already been scheduled which includes qualitative and quantitative assessment of each of the Density Transition Areas (8 sub-precincts)

The City cannot adopt a policy which is not prepared by the City of Nedlands or contracted consultants as there is no mechanism in accordance with the Regulations to accept such a policy and adopt it.

3 (1) The Local Government may prepare a local planning policy in respect to any matter relate to the planning and development of the Scheme Area.

This provision does not extend to “the community or the public may prepare”.

The City’s planning department will take instruction through the CEO via Council decision, which in this instance would be an instruction for the City to prepare a local planning policy.

Given that the City cannot approve a community drafted Local Planning Policy expanded reason #5 cannot be actioned in this instance.

a. The City has an extensive program to deliver the development of the local planning framework and this is provided to Council in an update weekly via the CEO.

In accordance with Council resolution of November 2019, The City has called for tender and is now evaluating consultants for the purposes of delivering traffic and transport modelling for the local road network. This will be undertaken between March – May 2020.

83


b. The City is currently undertaking a Public Open Space Strategy which it envisages will be brought to Council in draft format in the next coming months.Through the development of LPS3 all servicing, and utility agencies were consulted via the WAPC.

c. As mentioned above the City through the Density Transition Areas (Precinct Local Planning Policies) will be developing the local planning framework which will seek to develop a localised response in accordance with the provisions of the Scheme and SPP 7.3 Residential Design Codes.

d. The City has undertaken a complete review of the local planning policy framework, including the development of over 20 local planning policies in the past 12 months. As per the CEO update provided weekly, the City has an ongoing list of Local Planning Policies in which it is developing, drafting and advertising in response to LPS3. This includes community consultation policy (currently being reviewed), the Design Review Panel LPP, currently being advertised as well as waste management. The City has not received any instruction from Council with respect to creating heritage policies.

e. The City seeks clarification as to what resources are being referred to. The City has not undertaken an assessment of the options regarding developer contributions or developer contribution plans however, this is unlikely to be feasible for a local government of the size of the City of Nedlands and alternative contribution methods such as specified area rating may be worth exploring further.

84


15. Elected members notices of motion given at the meeting for consideration at the following ordinary meeting on 24 March 2020

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

Notices of motion for consideration at the Council Meeting to be held on 24 March 2020 to be tabled at this point in accordance with Clause 3.9(2) of Council’s Local Law Relating to Standing Orders.

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

Any urgent business to be considered at this point subject to approval by the Presiding Member.

17. Confidential Items

17.1 No . 40 Jutland Parade, Dalkeith – Additions (Stair landing) to Single House (Retrospective)

Confidential Report circulated separately to Councillors.

85


Declaration of Closure

There being no further business, the Presiding Member will declare the meeting closed.

86