Town of Bassendean: Agenda

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TOWN OF BASSENDEAN

NOTICE OF AN ORDINARY COUNCIL MEETING

Dear Council Member

An Ordinary Meeting of the Council of the Town of Bassendean will be held on Tuesday, 11 August 2009, in the Council Chamber, 48 Old Perth Road, Bassendean, commencing at 7.00pm.

MR BOB JARVIS

CHIEF EXECUTIVE OFFICER

7 August 2009

A G E N D A

1.0 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

2.0 PUBLIC QUESTION TIME

Members of the public who wish to do so may ask questions at this point in the agenda. A further opportunity is also provided later in the meeting.

3.0 ATTENDANCES, APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE

Apologies

Mr Brian Reed, Manager Development Services

Mr Simon Stewert-Dawkins, Director Operational Services

4.0 DEPUTATIONS

5.0 CONFIRMATION OF MINUTES

5.1 Ordinary Council Meeting held on 28 July 2009

OFFICER RECOMMENDATION – ITEM 5.1(a)

That the minutes of the Ordinary Council meeting held 28 July 2009, be received.

OFFICER RECOMMENDATION – ITEM 5.1(b)

That the minutes of the Ordinary Council meeting held on 28 July 2009, be confirmed as a true record.

5.2 Public Forum – Local Government Structural Reform held on 29 July 2009

OFFICER RECOMMENDATION – ITEM 5.2(a)

That the minutes of the Public Forum – Local Government Structural Report held on 29 July 2009, be received.

OFFICER RECOMMENDATION – ITEM 5.2(b)

That the minutes of the Public Forum – Local Government Structural Report held on 29 July 2009, be confirmed as a true record.

6.0 ANNOUNCEMENT BY THE PRESIDING PERSON WITHOUT DISCUSSION

7.0 PETITIONS

8.0 DECLARATIONS OF INTEREST

9.0 BUSINESS DEFERRED FROM PREVIOUS MEETING

10.0 REPORTS

10.1 Public Toilet Management Program/Public Toilet Design (Ref: COUP/DESCONT/1 – Ian McDowell, Manager Asset Services)

APPLICATION

The purpose of this report is to seek Council endorsement of:

1. The revised Public Toilet Management Program; and

2. The design and location of the new public toilet to be constructed at Point Reserve.

BACKGROUND

In August 2008 Council endorsed the following Public Toilet Management Program:

Location	Improvements	Financial Year
Mary Crescent Reserve	Construct new facility under the roof of Alf Faulkner Hall.	2008/09
Ashfield Reserve	Complete a study to determine community needs and prepare a design to meet those needs	2008/09
Point Reserve	Complete a study to determine community needs and prepare a design to meet those needs	2008/09
Jubilee Reserve	Complete a study to determine community needs and prepare a design to meet those needs	2008/09
Ashfield Reserve	Construct a new facility	2009/10
Point Reserve	Construct a new facility	2010/11
Jubilee Reserve	Construct a new facility	2011/12
Sandy Beach Reserve	Prepare a design for internal and external refurbishment	2012/13
Anzac Terrace Reserve	Prepare a design for internal and external refurbishment	2012/13
Sandy Beach Reserve	Internal and external refurbishment	2013/14
Anzac Terrace Reserve	Internal and external refurbishment	2013/14
James Street	Routine maintenance	Ongoing
Success Hill Reserve	Routine maintenance.	Ongoing

On 9 June 2009, Councillors and Officers discussed a revised Public Toilet Management Program, and design and location options for new public toilet facilities to be constructed in Ashfield, Jubilee and Point Reserves.

COMMENT

Public Toilet Management Program

Since Council endorsed the management program as detailed above there have been some factors affecting the recommended timeframes. As a result of these factors there is a need to revise the program.

Mary Crescent Reserve

Design of the new toilet and roof took much longer than anticipated by Officers. As a result the new Mary Crescent public toilet will not be completed until early 2009/10.

Ashfield Reserve

The Department of Environment and Conservation has listed Ashfield as a “Possible Contaminated Site”. Prior to undertaking any construction works on this site the Town will be required to carry out soil and groundwater testing. As a result the construction of a new public toilet at Ashfield Reserve in 2009/10 will not be achievable.

Revised Public Toilet Management Plan

To reflect the required changes to the existing management plan, and the completed actions to date the following is the revised Public Toilet Management Plan (changes in italics).

Location	Improvements	Financial Year
*Mary Crescent* *Reserve*	*Construct new facility under the roof of Alf Faulkner Hall.*	*2009/10*
*Point Reserve*	*Construct a new facility*	*2009/10*
*Ashfield Reserve*	*Construct a new facility*	*2010/11*
Jubilee Reserve	Construct a new facility	2011/12
Sandy Beach Reserve	Prepare a design for internal and external refurbishment	2012/13
Anzac Terrace Reserve	Prepare a design for internal and external refurbishment	2012/13
Sandy Beach Reserve	Internal and external refurbishment	2013/14

Location	Improvements	Financial Year
Anzac Terrace Reserve	Internal and external refurbishment	2013/14
James Street	Routine maintenance	Ongoing
Success Hill Reserve	Routine maintenance.	Ongoing

As discussed at the Councillor Workshop of 9 June 2009, there is an opportunity for Council to determine in advance the configuration of the new facilities to be constructed at Ashfield and Jubilee Reserves. It is not proposed to discuss these in this report, however, some Councillors have suggested replacing the existing larger facilities with two or more smaller facilities located at multiple locations within the reserve to provide improved access for users.

To facilitate this, officers have asked the architects to provide final design documents and cost estimates for the following configurations to the Council designed public toilet presented to the workshop:

Prototype	Storeroom	Disabled Unisex	Standard Unisex
A	No	Yes (1)	Yes (3)
B	Yes	Yes (1)	Yes (3)
C	No	Yes (1)	Yes (2)
D	Yes	Yes (1)	Yes (2)

Point Reserve Design and Location

At the Councillor Workshop of 9 June 2009, consideration was given to three design options for public toilets throughout the Town. They were:

Council Designed Prototype Public Toilets;
Exeloo Automated Public Toilets; and
Landmark Prefabricated Public Toilets.

The preferred option, as discussed at the workshop, was the Council Designed Prototype which is modular in design and able to be configured to suit specific needs at individual reserves.

The prototype is also designed to be low maintenance, with raised walls allowing “hosing down” of the facility. In addition it is proposed to clad the walls inside and out with a product called “Trespa Meteon”, an extremely durable and strong product that is impervious to scratching and very strong; it also comes in a range of colours.

A preliminary design drawing and floor plan is an attachment to this report for the reference of Councillors. There will be minor amendments to these as a result of the workshop discussions, including the addition of a drinking fountain and the removal of the baby changeroom.

Officers will recommend construction of Prototype C of this style of public toilet at Point Reserve in 2009/10.

Furthermore, officers will recommend relocating the public toilet at Point Reserve onto the southern end of the upper car park with the entrance facing north (the entry to the car park).

The existing location is not considered appropriate as it provides ample opportunity for concealment and the anti-social behaviour that currently plagues the public toilet at Point Reserve. The proposed location for the new facility provides improved opportunity for passive surveillance and should reduce the opportunity for anti-social behaviour in this area.

FINANCIAL CONSIDERATIONS

Council has allocated $250,000 in the 2009/10 Capital Budget for the construction of a new public toilet facility at Point Reserve. The project will be funded using cash in lieu funds from public open space and is subject to Ministerial approval which is currently being sought.

As indicated earlier in this report, Officers have asked the architect to provide detailed design documents for the four prototypes listed above. Based on information provided to date by the Quantity Surveyor, Officers estimate the cost to construct a Prototype C public toilet at Point Reserve to be in the vicinity of $200,000.

OFFICER RECOMMENDATION – ITEM 10.1

That Council:

1. Endorses the following Public Toilet Management Program:

Location	Improvements	Financial Year
Mary Crescent Reserve	Construct new facility under the roof of Alf Faulkner Hall.	2009/10*
Point Reserve	Construct a new facility	2009/10*
Ashfield Reserve	Construct a new facility	2010/11
Jubilee Reserve	Construct a new facility	2011/12
Sandy Beach Reserve	Prepare a design for internal and external refurbishment	2012/13
Anzac Terrace Reserve	Prepare a design for internal and external refurbishment	2012/13
Sandy Beach Reserve	Internal and external refurbishment	2013/14
Anzac Terrace Reserve	Internal and external refurbishment	2013/14
James Street	Routine maintenance	Ongoing
Success Hill Reserve	Routine maintenance.	Ongoing

* Funds have been approved by Council for these works in the 2009/10 Capital Budget.

2. Approves the construction of a Council Designed Prototype C (no store, one disabled access, and two unisex cubicles) public toilet at the southern end of the upper carpark with the entrance facing north (the entry to the carpark) of Point Reserve in 2009/10; and

3. Notes that final construction costs will be advised to Council during the normal tendering administration process.

Voting Requirement – Simple majority

10.2 Rubber Speed Cushions (Ref: TRAF/PLANNG/3 – Ian McDowell, Manager Asset Services)

APPLICATION

The purpose of this report is to provide Council with information relating to the cost for the supply and installation of rubber speed cushions.

BACKGROUND

OCM 38/06/09 - Moved Cr Gangell, Seconded Cr Pule, that Council receives a report on the cost of purchasing and installing recyclable speed cushions.

COMMENT

In 2004, Council adopted the Traffic Management Policy and Guidelines that includes a set of criteria used to determine whether the installation of any traffic calming measures within the streets of Bassendean is justified. The criteria include the following:

a. The road is designated as an access road or local distributor road within the Town of Bassendean Functional Road Hierarchy Plan;

b. The predominant (at least 80 percent) land used served by the subject road is residential;

c. The traffic volumes within the subject road exceed 750 vehicles per day for access roads and 2000 vehicles per day for local distributor roads;

d. The length of the subject road exceeds 300 metres between controlled intersections (Stop, Give Way, or traffic signals); and

e. The 85th percentile speed is 60 km/h or greater in 50 km/h speed zones, or exceeds the posted speed limit by more than 10 percent in other speed zones.

The Austroads Guidelines for Local Area Traffic Management describes a road cushion as another form of road hump that occupies only a part of the roadway. They are designed to be more sympathetic to cyclists, buses and commercial vehicles than a standard full-width road hump.

The standard size of a single road cushion is 3.0m long and 1.8m wide with a height of 7-8cm. It is appropriate to use speed cushions:

Where there is a need to reduce vehicle speeds;
Where there is street lighting to maximise visibility;
At mid-block locations;
On streets with a speed environment of 60km/h or less; and
Where the location is relatively straight and flat and away from intersections.

It is inappropriate to use speed cushions:

On bends or crests;
At intersections; and
Where access by emergency vehicles would be adversely affected.

The advantages of speed cushions include:

A reduction in vehicle speeds in the vicinity of the treatment;
Does not restrict or discomfort cyclists; and
Can be designed so they do not inconvenience commercial vehicles.

Disadvantages of speed cushions include:

Traffic noise level may increase due to braking, acceleration and the vertical displacement of vehicle loads;
Less effective in slowing vehicles with a wide track;
Less effective in slowing motorcyclists;
On street parking can be reduced and prevent cyclists using kerb side gap; and
Drivers can reduce their effect by traversing the cushions with only two wheels.

It is also important to note that, as with all forms of traffic calming devices, the installation of speed cushions may result in motorists using alternative routes throughout the Town as a means of avoiding them. Effectively, traffic volumes and speed may become a problem in other streets where none currently exist.

Speed cushions are a whole of street treatment with more than one set required if speed reduction is required over the entire length of the street. Spacing should not be less than 80m and generally not more than 120-150m.

The installation of any form of traffic calming device in the Town will require a design drawing, including signage and line marking and Main Roads WA approval prior to the installation. The design and approvals process will take 4-6 weeks minimum.

The Office of Crime Prevention, through MRWA, has a state wide Hoon Speed Cushion Program. These cushions will usually remain on site for a minimum 2 year period in which to gauge their effectiveness. This timeframe should be considered by Council in any determination to site these devices throughout the Town.

FINANCIAL CONSIDERATIONS

The cost to supply and install a set of speed cushions is site specific with most suppliers reluctant to provide an estimate without first inspecting the site on which they are to be fitted.

An indicative cost for the supply and install of one set of speed cushions in a road with a width of 5.8 to 7.6 metres is $7,160 which is broken down as follows:

Design costs – $2,000 (depending on complexity of design)
Supply Speed Cushions (2) - $3,600
Install Speed Cushions (2) - $760
Traffic Management - $800

It is important to remember when considering this cost that traffic calming devices are more effective when placed in series. If used within the Town, it is recommended that a minimum of two sets be used in series which would in effect increase proportionally the indicative pricing provided above.

However, these devices may also be re-used in other locations following their initial usage (recommended minimum two years). In this event, the only additional cost will be for the design aspect.

There are no funds allocated in the current budget for the installation of traffic calming devices in our streets.

The Office of Crime Prevention, through MRWA, has a state wide Hoon Speed Cushion Program with an allocation of $2m over four years. The program commenced in 2008/09 however, the Town’s application was unsuccessful.

Under this program, the minimum grant allocation is $15k and the maximum is $75k. Although in year one the program was fully funded, in future years Council will be required to contribute one-third towards the costs. A maximum of one project per local government will be approved, the criteria for selection include:

Burnout marks on the road.
Complaints to the police.
High 85th percentile speeds recorded in the street.
High number of vehicle travelling 20km/h or higher in the street.
Traffic volumes less than 3,000 vehicles per day.

It is a requirement of both the Town’s Traffic Management Policy and Guidelines, and the OCP Hoon Speed Cushion Program that a process of community consultation be carried out prior to the installation of speed cushions.

OFFICER RECOMMENDATION – ITEM 10.2

That Council receives the report providing information on the supply and installation of recyclable rubber speed cushions.

Voting Requirement – simple majority

10.3 Draft Verge Treatment Policy (Ref: COUP/PLANNG/1 – Simon Stewert-Dawkins, Director Operational Services)

APPLICATION

The purpose of this report is for Council to adopt the draft Verge Treatment Policy.

BACKGROUND

In September 2005 Council adopted the following brief for the provision of draft policies for Council consideration:

Verge Treatment Policy

Develop policy, guidelines that will provide high quality landscaping and maintenance standards for property owners who wish to landscape the verge area adjacent to their property. The guidelines and application process are to provide a logical and pragmatic assessment tool to ensure compliance to the local laws and “designing out crime” principals

A Project Control Group was established to review and provide input to the draft Streetscape Policies presented to the Town by Hames Sharley. The Project Control Group included the following:

Director Operational Services
Manager Development Services
Manager Asset Services
Manager Health and Environmental Services
Manager Leisure Services
Environmental Officer

The following consultation and communication has been undertaken:

March 2006 Community Workshop;
May & August 2006 Councillor Workshops;
November 2006 TOB staff review draft of policies;
November 2006 Street Tree Audit;
July & November 2007 Elected Members provided with a project update regarding delays in delivering the Strategic Streetscape project;
December 2007 Council Workshop providing an overview of the Local Law, Policy and Street Tree Master Plan;
April 2008 (OCM – 11/04/08) Council deferred the Streetscape Master Plan component of the project deliverables;
May 2008 (SC - 47/05/08) Council noted the status of the work undertaken with the Strategic Streetscape Plan;
June 2008 Councillor Workshop reviewed the draft suite of streetscape policies;
June 2008 (OCM - 12/06/08) Council deferred the draft suite of Streetscape Policies to a further Council workshop;
July 2008 Councillor Workshop conducted to review the draft suite of streetscape policies, the draft Streetscape Master Plan and the Recommended Tree Species Information;
July 2008 (OCM – 11/07/08), Council received the draft suite of policies and invited community feedback;
August - December 2008 Community feedback on the draft suite of Streetscape policies;
January 2009, the Project Control Group and Hames Sharley reviewed the community feedback;
March 2009 Council presented with the revised draft suit of streetscape policies;
March 2009 Standing Committee Meeting, Cr Yates presented 28 additional questions relating to the suite of policies and Council (OCM - 21/03/09) resolved to defer considering the suite of streetscape polices until all the questions raised were dealt with satisfactorily;
May 2009 Standing Committee presented with the revised draft suit of streetscape policies, summary of the community feedback received and the actions taken with each of the draft Streetscape policies and feedback to Councillor Yates 28 questions and the project control group responses;
May 2009, Council requested that the policies be reviewed in line with Councillors comment and referred back to Council for further consideration; and
June 2009, Council adopted the Outdoor Eating in Public Places Policy and the Public Art Policy.
Tuesday 21 July 2009 feedback was provided regarding the suite of Streetscape Policies
29th July 2009 Council adopted the suit of Streetscape Policies and resolved to defer the draft Verge Treatment Policy in order to view the guidelines.

STATUTORY REQUIREMENTS

Local Govt Act 1995

Council policy 1.5.5 – Community Consultation

Activities on Thoroughfares and Trading In Thoroughfares and Public Places Local Law

COMMENT

Attached to the agenda is an extract of the “Activities on Thoroughfares and Trading In Thoroughfares and Public Places” Local Law that is the basis for the draft policy and the guidelines that are intended to be used to inform the residents of the Town on the permissible verge treatments.

Hames Sharley and the Project Control Group Members prepared the draft Verge Treatment Policy and the guidelines in accordance to the Council brief shown above with reference to the Local Law.

The draft Verge Treatment Policy provides best practice guidelines for all staff working in areas that have Natural and Build Environmental, Community Wellbeing or Economic considerations. These documents provide staff with necessary information to manage the verge treatments in the Town.

The Verge Treatment Policy provides and guidelines provide a proactive management approach for the Town.

Attached to the 11 August 2009 Council Agenda is Cr Yates’ questions and the Project Control Group’s responses regarding the draft Verge Treatment Policy. No Community feedback was provided on the draft policy.

It is not intended that Council adopt the guidelines as they simply articulate the local law in a customer friendly manner and include web page references on water wise gardening and general guidance. If the new information becomes available about water wise gardening or changes in web page links, the Town of Bassendean staff will be able to easily update the guidance notes.

Considering the extensive consultation and amendments made to the draft policies, it is recommended that the draft Verge Treatment Policy be adopted.

OFFICER RECOMMENDATION – ITEM 10.3

That Council:

1. Adopts the draft Verge Treatment Policy; and

2. Notes the Verge Treatment Guidelines.

Voting Requirements: Simple majority

10.4 Public Housing – Delegation of Planning Approval (Ref:GOVR/STLIAS/4 – Brian Reed, Manager Development Services)

APPLICATION

Correspondence has been received from the Director General of the Department of Housing, advising of new delegation arrangements for the consideration of Public Housing proposals.

BACKGROUND

Changes have been made to the approval procedures for Public Housing in Western Australia. The changes have been introduced to complement the State and Commonwealth Government's initiatives to stimulate the economy, with the intention of streamlining the process, while still ensuring that local government is consulted in respect to its planning requirements.

The $42 billion Nation Building and Jobs Plan includes the construction of around 20,000 additional public housing dwellings in Australia. There are strict commencement timelines under this plan and the inability to meet these will result in funds being reallocated to other jurisdictions.

The Western Australian Planning Commission (WAPC) resolved on 26 May 2009 to provide the Department of Housing with limited delegated authority to approve applications for public housing which comply with Council's Town Scheme requirements. It also resolved to introduce a 'fast track' approval process for other public housing applications to be determined by the WAPC.

The Department of Housing will have the power to determine applications for public housing where such applications:

Are made by, or on behalf of, the Department of Housing;
Are in strict compliance with the applicable local planning scheme; and
Propose the construction of no more than 10 dwellings of a height of two storeys or less.

Under this delegation, applications made for public housing projects will be assessed and separately determined by authorised senior officers of the Department of Housing.

The process under which applications will be made is as follows:

The Department of Housing will lodge an application for development approval in the standard MRS Form 1 to the relevant local government;
The local government will forward the application to the Department of Housing within 7 calendar days;
The local government has 21 calendar days from the date of receipt of the development application to provide its comments to the Department of Housing;
The Department of Housing will seek comment from other public agencies;
The authorised officer may determine the development application upon the expiration of the 21 day period, regardless of whether the local government has provided its comments. The Department of Housing may, in certain instances, refer its assessment to the Department for Planning and Infrastructure (DPI) for determination; and
The Department of Housing will be required to make regular reports to the WAPC on the processing of applications and will be subject to audit by the WAPC.

Where proposed public housing developments do not satisfy the above criteria, the applications will be determined by the WAPC as follows:

Proposals will be lodged with the local government in accordance with the provisions of the MRS;
The local government will forward the application to the WAPC within 7 calendar days of receipt of the application;
The local government has 21 calendar days from the date of receipt of the development application to provide its comments to the DPI; and
DPI will determine the development application under delegation from the WAPC upon the expiration of the 21 day period, regardless of whether the local government has provided its comments.

The correspondence also requests Council to consider granting delegated authority to appropriate Council officers to comment on compliant public housing applications, so that the reduced timeframes can be met.

COMMENT

As part of its consideration of the reform paper on Building a Better Planning System, the Town, along with other local governments in the region, objected to the Department of Housing and Works approving its own development on the grounds that it was anticompetitive, and raised questions regarding the competencies and skills necessary to judge applications fairly against a host of local planning schemes with different standards.

It should be noted that the development of public housing has previously been determined as a public work and is therefore exempt from the requirement to obtain approval under a local planning scheme. Public housing does however require approval under the Metropolitan Region Scheme, and the power to determine up to 10 dwellings of no greater than two stories has been delegated from the WAPC to the Department of Housing of works.

While Council, through its Vision document, is committed to reduce the amount of affordable housing in the suburb of Ashfield, it should be noted that public housing is exempt from approval under the Local Planning Scheme. This means that Council has no power or opportunity to refuse an application because the application is submitted by the Ministry of Housing and Works.

Despite the objections of local governments, the delegation now has the force of the law, and Council is asked to delegate the authority to the Chief Executive Officer to make the proposed delegation arrangements work. If the power is delegated by Council, the power will be on delegated to the Manager Development Services in line with the normal delegation of Planning powers.

STATUTORY REQUIREMENTS

Planning and Development Act 2005

FINANCIAL CONSIDERATIONS

Nil.

OFFICER RECOMMENDATION – ITEM 10.4

That Council delegates to the Chief Executive Officer the power to make comments to the Department of Housing and Works on Public Housing proposals.

Voting Requirement – Absolute majority

10.5 Split Residential Density Code Provisions – Local Planning Scheme No 10 (Ref: LUAP/PLANNG/1 – Brian Reed, Manager Development Services)

APPLICATION

It has become apparent that there are problems associated with the interpretation and implementation of the split density codes under the Local planning Scheme No 10 when applications are made to subdivide land where the split density code applies. The is report recommends that Council carries a scheme amendment and adopts amended planning policies to address the situation.

BACKGROUND

Correspondence has been received from the Department of Planning, in response to a meeting held with officers of the Town in regard to problems with the implementation of the split coded provisions under the Scheme.

A copy of the correspondence is included as an attachment.

COMMENT

The Local Planning Scheme No. 10 contains split coded areas on some of the land zoned for residential purposes. The original intention of introducing the split coding was to only allow development to the higher code where certain design, environmental and heritage objectives were met.

In essence, development to the higher code would only be allowed where the proposal:

complied with Council’s energy efficiency policy;
complied with Council’s water sensitive design policy;
provided at least two houses with a street frontage, ie did not take the form of a battleaxe subdivision; and
does not involve the demolition of a heritage listed building.

Originally the advertised version of the Scheme called for the development subject to the higher code to be build prior to any subdivision of the land. However, this approach was not acceptable to the former Minister for Planning and Infrastructure.

The problem that the Town is faced with is that while development needs the approval of the Town, the subdivision of land is dealt with by the Western Australian Planning Commission. While officers have recommended refusal of applications which did not meet the intent of Council’s policy, or suggested conditions to achieve these policy objectives, officers of the Department of Planning and the Commission considers that the Scheme lacks clarity and the Scheme and supporting policies need amendment to achieve Council’s objectives.

A further problem has been caused in terms of inconsistency of advice from officers of the Town as compared with the Department of Planning.

The net effect of the Commissions determinations are:

Existing dwellings are allowed to be retained as part of a subdivision which does not comply with Council’s energy efficiency or water sensitive design policies.
There is no notification to any new owner of the created lot that the development of the lot needs to comply with Council policies.
In the opinion of Council’s planning staff the retention of an existing dwelling on a generous size lot causes the new lot to be constrained where the objectives of Council policies could not be met.

The Manager Development Services considers that the way to resolve the situation is to carry out an amendment to the Scheme and to Council’s policy, as suggested by officers of the Department of Planning and described below.

Retention of existing dwellings

The new policy provisions should stipulate when it is acceptable for existing dwellings to be retained and incorporated into a higher code development and where demolition will be required to qualify for higher code assessment. Furthermore the provisions should set out dwelling upgrading requirements where it is deemed acceptable for a dwelling to be retained and incorporated into the new development. These requirements should support Council's objectives for sustainable and quality housing development and be capable of implementation.

Planning approval for higher code residential development

The Scheme currently only requires single dwelling approval for lots under 350m2 and for grouped dwelling development (i.e. survey strata with common property). It is understood that Council would like to apply planning approval requirements to all residential sites subject to the higher code assessment and for the approval to be obtained prior to clearance for new titles. This would include dwellings on lots over 350m2 and for survey strata lots that do not include common property, which effectively also constitute single dwellings under the Residential Design Codes. This requirement to extend development approval requirements to single dwellings on lots above 350m2 (including survey strata schemes with no common property) should form part of the scheme amendment.

Compliance with Planning Approval

It is understood the Town seeks to ensure housing developments comply with the higher code performance standards by requiring development approval and partial building construction prior to the issuance of the new titles. The WAPC is able to impose conditions requiring development approval and construction of the development to at least plate height prior to clearance for new titles.

The WAPC has also required a condition of survey strata approval requiring applicants to prepare a Management Statement stipulating that development of the lots is to be in accordance with the existing development approval or an alternative approval acceptable to the Council. If the Town seeks similar controls, they need to be stipulated in LPS 10 or associated policy.

Performance Criteria

Clear development criteria are required to clearly communicate to applicants what performance criteria must be satisfied in order to quality for higher code approval. The criteria should be comprehensive, practical and reasonable, and consider a balanced range of objectives including sustainable building design objectives (without overlapping with existing BCA and Residential Design Code provisions), housing quality and functionality objectives and local streetscape character objectives.

This report recommends that Council considers amending its Scheme, and adopting new policies to remove the anomaly whereby land is allowed to be subdivided to the higher code, without meeting the performance criteria envisaged by the Scheme.

The proposed amendment and revised planning policies need to be developed around the issues shown above and in collaboration with officers of the DPI, to ensure that the intent of the split coding is maintained and the Scheme provisions and policies are fully supported by the Commission.

The Scheme amendment process is likely to take some 6 months from adoption by Council of the scheme amendment documents.

The proposed amendment planning policies will take about a month to adopt following adoption of the draft policies by Council.

Needless to say, planning staff and the Chief Executive Officer find it frustrating that this situation has arisen, particularly as the existing scheme provisions and subordinate planning policies were agreed upon by officers of the DPI in formulating the existing Scheme. The Chief Executive Officer has written to the Director General of the DPI outlining the Town’s concerns.

STATUTORY REQUIREMENTS

The process for carrying out a Scheme Amendments is governed by the Town Planning Regulations 1967.

The processes for modifying planning policies are contained within the Local Planning Scheme No. 10.

FINANCIAL CONSIDERATIONS

The costs of carrying out the amendments to the Scheme and the preparation of revised planning policies are estimated to be in the order of $7,500. This figure includes staff time and statutory advertising costs.

OFFICER RECOMMENDATION – ITEM 10.5

That the Chief Executive Officer be requested to arrange the preparation of the necessary Scheme Amendment documents and draft planning policies for Council consideration and endorsement to retain the objectives of the slit coded areas of the Scheme.

Voting Requirement – Simple majority

10.6 Proposed Memorandum Of Understanding for Concept Planning for the Redevelopment of Bassendean Oval (Ref:LUAP/PLANNG2– Brian Reed, Manager Development Services)

APPLICATION

Council is asked to adopt a Memorandum of Understanding which will act as a framework for the development of further planning work at Bassendean Oval

BACKGROUND

This matter was last considered by Council substantively when Council as part of its consideration of the Town Centre Feasibility Study resolved that further detailed concept plans be developed for Bassendean Oval, in collaboration with the State Government, the Swan Districts Football Club, and the West Australian Football Commission.

An amount of $27,000 has been included in the 2009/10 Budget to cover Council’s contribution to the project.

A Draft Memorandum of Understanding (MOU) has been developed by Mr Vaughan Brazier, Business Development Manager of LandCorp and the Draft MOU, is included as an attachment.

COMMENT

In essence, the MOU seeks to establish a framework to examine more detailed planning work at the Oval.

The Parties will agree to engage Hames Sharley to further develop and cost two alternative concept plans for the redevelopment of Bassendean Football Oval pursuant to an agreed scope of works at a fixed price (Project).

The concept plans will address and cost the following development scenario’s:

1. The current oval remaining in place, refurbishment of the current clubrooms and development on the remaining land; or

2. A modified version of the Town Centre Concept Plan for the Bassendean Football Oval which provides more developable land, better interface between different uses, higher intensity and, if necessary, a re-aligned oval and new clubrooms.

The Parties will agree on a preferred concept plan.

It is intended that Landcorp will be responsible for overall project management, and an officer of the Town of Bassendean will become a member of the Project Team.

STATUTORY REQUIREMENTS

Nil. This design work will not have any statutory implications. If a viable design can be established then that design will be subject to statutory processes, such as amendments to the Metropolitan Region Scheme and local Planning Scheme.

FINANCIAL CONSIDERATIONS

It is intended that the costs of the further design work be equally funded by the Town of Bassendean, Landcorp and the Western Australian Planning Commission.

OFFICER RECOMMENDATION – ITEM 10.6

That Council endorses the Memorandum of Understanding between the Town of Bassendean, the Western Australian Football Commission, the Swan Districts Football Club and LandCorp in relation to Concept Planning for the Redevelopment of the Bassendean Football Oval attached to Ordinary Council meeting agenda dated 11 August 2009.

Voting Requirement – Simple majority

10.7 Bassendean Youth Advisory Council Meeting held on 7 July 2009 (Ref: GOVN/MEETCCL20 - Ayden Mackenzie, Youth Development Officer)

APPLICATION

Council is requested to receive the report on a meeting of Youth Advisory Council held on 7 July 2009.

The Bassendean Youth Advisory Council meets monthly to consider issues of relevance to young people of the Town.

The Bassendean Youth Advisory Council (BYAC) is comprised of up to 20 young people who live, work or recreate in the Town. The BYAC meets monthly at Bassendean Youth Services. The meeting usually includes a workshop topic and other general business.

There were three workshop topics for the July meeting:

Fights and Mobile Phones;
Cannabis Laws; and
Smoking.

OFFICER RECOMMENDATION - ITEM 10.7

That the report on the meeting of the Bassendean Youth Advisory Council held on 7 July 2009, be received.

Voting Requirement – Simple majority

10.8 Cultural Development Advisory Committee Meeting held on 5 August 2009 (Ref: GOVN/CCLMEET/8 – Travis Moore, Acting Manager Recreation & Cultural Services)

APPLICATION

The purpose of the report is for Council to receive the report on a meeting of the Cultural Development Advisory Committee held on 5 August 2009.

COMMENT

Discussion at this meeting focussed on the following topics:

Past Cultural Projects – The Committee was presented with an evaluation report on the recently completed public event, being the NAIDOC Day Event. The Committee agreed that the event was a success.

The Committee recommended that Council considers an interpretive food display as part of the 2010 NAIDOC event.

Upcoming Cultural Projects – The Committee was presented with a progress report on two upcoming public events, being the Multicultural Food Festival and Summer Movies.

The Committee recommended that the Expressions of Interest received for the provision of the Summer Movies Series be provided directly to Council.

Bassendean Festival Working Party – The Committee received a report from the Bassendean Festival Working Party on the development of the 2011 Bassendean Festival.

The Committee recommended that the Town investigates and applies for funding from Lotterywest and other relevant funding bodies to fund the event start up costs and to contract an event coordinator.

The Committee also recommended that the date for the Bassendean Festival be set as Saturday, 21 November 2009.

Positioning Statement Short & Long Term Strategies

One of the main objectives under the Cultural Development Advisory Committee’s Instrument of Appointment is to develop a short and long term strategy to achieve the Town’s Positioning Statement.

In May 2009, the Committee requested that a report be presented on the short and long term strategies to achieve the Town’s positioning statement.

The Committee recommended that Council adopts the draft short and long term strategies to achieve the Town’s positioning statement “To be a hub of recreation, arts and culture in Perth’s Eastern Region” and that a review of this document be scheduled for the new Committee once established October.

Community Events Sponsorship Program – The Committee was presented with five sponsorship applications, being from the Maltese Association, Bassendean Bowling Club, St Josephs Catholic Parish, Success Hill Action Group and the Bassendean Church of Christ. All applications were approved except for the Maltese Association application, as the financial statement showed a profit would be made even without receiving the sponsorship from the Town.

Cultural Projects Budget 09/10

The Committee received a report in relation to the 2009/10 Cultural Program and resolved to recommend the following projects with the corresponding allocations:

NAIDOC Week (includes $5k for 2010 event) $20,000

Avon Descent $1,000

Art/Photographic Exhibition (Planning for 2010) $4,000

Summer Movies $15,000

Multicultural Food Festival $35,000

Australia Day Concert $55,000

Sculpture in the park exhibition $15,000

Public Art Project (Gathering site at

Mary Crescent Reserve) $45,000

Community Events Sponsorships $5,000

Cultural Plan Implementation $5,000

The Committee was advised that the Town had been unsuccessful in its application to the Office of Multicultural Interests for $5,000 to assist in the Multicultural Food Festival. The Committee subsequently decided to remove the fireworks component of the event and reduce the overall budget for the Multicultural Festival to $35,000.

Establishment of an Arts Centre Proposal – The Committee received a status report on a proposal to establish an arts centre within the Town.

The Committee were advised that the Town had held a preliminary meeting with the Bassendean Tennis Club with the view to the Bassendean Arts Council obtaining access to the white demountable building on BIC Reserve. The feedback received from the Club indicated that whilst the Club is open to the idea, they had concerns that it may interfere with their operations if the building remained in its current location and was used for arts and cultural purposes.

The Club have requested that further negotiations be postponed until the Town has received a response from the Minister of Planning for the use of cash-in-lieu funds to undertake the construction of Stage 2 of the BIC tennis court project.

An update is proposed to be provided at the next meeting.

OFFICER RECOMMENDATION – ITEM 10.8

That Council:

1. Considers an interpretive food display as part of the 2010 NAIDOC event;

2. Endorses for the Expressions of Interest received to undertake the management of the Outdoor Summer Movies Program to be presented directly to Council;

3. Adopts the documented plan on the short and long term strategies to achieve the Town’s positioning statement as a hub of recreation, arts and culture within Perth’s Eastern Region;

4. Provides sponsorship of $1,000 to the Bassendean Bowling Club, under the Community Events Sponsorship Program, to assist with the 75th Anniversary Celebration event in October 2009;

5. Provides sponsorship of $1,000 to the St Josephs Catholic Parish, under the Community Events Sponsorship Program, to assist with the Community Precession event in December 2009;

6. Provides sponsorship of $1,000 to the Bassendean Church of Christ, under the Community Events Sponsorship Program, to assist with the Carols by Candlelight event on Sunday 20 December 2009;

7. Provides sponsorship of $500 to the Success Hill Action Group, under the Community Events Sponsorship Program, to assist with the Childrens Christmas Party in December 2009;

8. Advises the Maltese Association that on this occasion its application for sponsorship of $1,000 has been unsuccessful;

9. Endorses the cultural events/projects and associated re-allocations within the 2009/10 Council Budget listed below:

NAIDOC Week (includes $5k for 2010 event) $20,000

Avon Descent $1,000

Art/Photographic Exhibition (Planning for 2010) $4,000

Summer Movies $15,000

Multicultural Food Festival $35,000

Australia Day Concert $55,000

Sculpture in the park exhibition $15,000

Public Art Project (Gathering site at

Mary Crescent Reserve) $45,000

Community Events Sponsorships $5,000

Cultural Plan Implementation $5,000

and

10. Receives the report on a meeting of the Cultural Development Advisory Committee held on 5 August 2009.

Voting Requirement – Simple majority

10.9 Use of the Common Seal (Ref: INFM/INTPROP/1 – Sue Perkins, Executive Assistant)

The Common Seal was not attached to any documents during the reporting period.

OFFICER RECOMMENDATION – ITEM 10.9

That Council notes that the Common Seal was not attached to any documents during the reporting period.

Voting Requirements: Simple majority

11.0 PUBLIC QUESTIONS & RIGHT OF REPLY

Members of the public who did not ask questions in Part One of Public Question Time will be heard first.

12.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

12.1 Notice of Motion: Cr Butler - Town Centre Parking

Cr Butler has advised in writing that she wishes to move the following motion at this meeting:

“That Council receives a report investigating options to improve parking within the Town Centre.”

12.2 Notice of Motion: Cr Yates: Immediate Attention of Safety Issues at Wicks St & Morley Drive, Intersection

Cr Yates has advised in writing that he wishes to move the following motion at this meeting:

“1. That a slip road and rounded median strip treatment be installed on the eastern median strip of Morley Drive to facilitate safe U turns.

2. That the City of Bayswater be approached and a suggested rounded median strip treatment be reinstated on the western median strip of Morley Drive to facilitate safe U turns.

3. That Town of Bassendean Entrance and information signage be relocated to the east of the pedestrian crossing of the median strip.

4. That the Town of Bassendean prunes and/or replaces the ground cover and trees between the intersection and to the east of the pedestrian crossing, so as to permit clear view of vehicles heading west on Morley Drive by drivers of vehicles heading east on Morley Drive and turning into Wicks Street, and for the clear view by drivers of pedestrians using the crossing point in the middle of the median strip, to the east of the intersection.

5. That the works accepted by Council are to be commenced immediately and completed by October 2009.”

13.0 ANNOUNCEMENTS OF NOTICES OF MOTION FOR THE NEXT MEETING

14.0 CONFIDENTIAL BUSINESS

15.0 CLOSURE

The next Ordinary Council meeting will be held on Tuesday, 25 August 2009.