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, 8 September 2009, in the Council Chamber, 48 Old Perth Road, Bassendean, commencing at 7.00pm.
MR BOB JARVIS
CHIEF EXECUTIVE OFFICER
4 September 2009
A G E N D A
1.0 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS
3.0 ATTENDANCES, APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE
5.1 Ordinary Council Meeting held on 25 August 2009
OFFICER RECOMMENDATION – ITEM 5.1(a)
That the minutes of the Ordinary Council meeting held 25 August 2009, be received.
OFFICER RECOMMENDATION – ITEM 5.1(b)
That the minutes of the Ordinary Council meeting held on 25 August 2009, be confirmed as a true record.
6.0 ANNOUNCEMENT BY THE PRESIDING PERSON WITHOUT DISCUSSION
8.0 DECLARATIONS OF INTEREST
9.0 BUSINESS DEFERRED FROM PREVIOUS MEETING
10.0 REPORTS
10.1 Request for Restricted Parking – Railway Parade, Bassendean (Ref: TRAF/SVPROVN/1 – Christine Devereux, Manager Environment and Ranger Services and Janita Fowler, Ranger)
APPLICATION
The purpose of this report is to seek approval from Council to restrict parking on one side of Railway Parade (behind the Australand development), to assist in road safety.
BACKGROUND
Rangers have received requests from the public to improve traffic management measures around Bassendean train station.
As train travel has become increasingly more popular the Town has seen a large increase in the number of cars parking around the train station. Of particular concern is the section of Railway Parade which runs directly behind the Australand development, up to Prospector Loop, where cars are parking on both sides of the road, reducing traffic flow to only one lane.
Rangers have also received verbal requests from residents parking their vehicles at this site, requesting that the Town provide more parking in the area, and also concerns regarding the road safety issues relating to only one lane of traffic being able to pass through the area.
The Public Transport Authority (PTA) provides all day secure parking and unsecured bays along side the Railway station entering off Railway Parade. The Town of Bassendean provides the Wilson Street car-park, which is close to the train station and is utilised by both train commuters and staff/customers of businesses on Old Perth Road. By 9am on weekdays both of these car-parks are at or near capacity, and street parking along Railway Parade starts to fill up. On high use days, there are approximately 45 – 50 cars parked on either side of the road.
In the future, as more residents move into the Australand development this will add additional pressure to the traffic flow in this section of Railway Parade. Once this area is fully developed, and at least 75% of the residences are occupied, further reviews will be required for the on-road parking availability for residents and visitors, with an emphasis on possible Scheme parking to be introduced in this area. Scheme parking involves consultation with residents within the area to put in place parking restrictions for the limited street parking that is available, eg. parking permits for residents.
Currently, the section of Railway Parade closest to the railway tracks has been restricted by not allowing people to park cars on the verge – this was at the request of Australand in December 2007, to ensure that the verge treatments were able to be maintained. The entire end of Railway Parade from Scaddan Street through to Collier Road was restricted for verge parking, however verge treatments were completed from just before Prospector loop, leaving an un-maintained verge from the corner of the exit from the PTA carpark, up to the bike path that crosses out over the tracks (near Prospector Loop).
Rangers have been monitoring the area and have used verbal and written warnings, together with infringements, to enforce these restrictions. Rangers have also been redirecting commuters to park in the Wilson Street carpark. Issues/comments noted from these actions include:
- The verge closest to the train station is sand, and commuters are querying why there are restrictions on this area when there is clearly a need for more railway commuter parking;
- Commuters are reluctant to park at the Wilson Street car-park as they have to cross over Guildford Road, and therefore increase their time taken to get to the station;
- Some commuters are finding that the Wilson Street carpark is already full when they cannot find street parking on the north side of the railway station, causing frustration with the lack of facilities;
- Some residents in Broadway and First Avenue have been actively discouraging commuters from parking in their streets (through notes left on windscreens), even though there are no restrictions in these areas; and
- Train commuters are parking their vehicles on PTA land, behind the fenced off section of the PTA car-park, up to the verge, however Rangers can only enforce parking restrictions for the verge, causing confusion to commuters.
Please refer to attachment for a map of the current situation.
COMMENT
The advantages of the proposed new restrictions include increasing the traffic flow in this area to two lanes, protecting the verge treatments already installed and being maintained, and abate community concerns relating to road safety issues for the short term.
As the area in question does not affect property owners, due to no crossovers being located in this area (rear fences of current developed area), and there are no completed buildings in the Australand development directly next to the area, a consultation process with property owners will not be required in this instance.
If parking restrictions are applied, approximately 20 – 25 cars per day will be required to locate alternative parking areas, in the first instance the Rangers will begin an education campaign to advise the drivers of the proposed restrictions within the surrounding areas and redirect these drivers to the Wilson Street carpark.
It is envisaged that 80% of the 20 - 25 commuters will start to park vehicles on Scaddan Street, Broadway, and First Avenue, rather than the Wilson Street car-park. Further restrictions in these areas will have to be assessed once a pattern emerges of new parking habits, and any concerns raised to Rangers/Council from residents.
In the longer term, the opportunity for off-street parking may exist on the undeveloped section of the verge in Railway Parade, between Scaddan Street and Prospector Loop, however this would have to be looked at as a separate future capital works budget item. A preliminary estimate indicates that this area may be able to accommodate up to 35 cars in off-street bays, however, should funding be allocated for capital works detailed engineering technical drawings would be required.
Please refer to attachment for a map of the proposed action.
STATUTORY REQUIREMENTS
The Town of Bassendean Parking and Parking Facilities Local Laws.
Local Law 3.1 - the local government may by resolution prohibit or regulate by signs or otherwise the parking of any vehicle or class of vehicles in any part of the parking region but must do so consistently with the provisions of this Local Law.
Local Law 3.2(2)(a) A person shall not park in a no parking area.
Local Law 3.8(1)(c) A person shall not park a vehicle during any period when the parking of vehicles on that verge is prohibited by a sign adjacent and referable to that verge.
FINANCIAL CONSIDERATIONS
- Expense of signage and associated poles; and
- Infringement income from offences committed.
OFFICER RECOMMENDATIONS – ITEM 10.1
That:
- That the northern side of Railway Parade, between Scaddan Street and Prospector Loop, be classed as a “No Parking on Road or Verge” area; and
- Council continues to lobby Perth Transport Authority to proved increased parking for public transport users.
Voting Requirements: Simple majority
10.2 Collective Local Biodiversity Strategy – Town of Bassendean, City of Bayswater, City of Belmont (Ref: CORP/PLANNG/1– Christine Devereux, Manager Environment and Ranger Services)
APPLICATION
The purpose of this report is to seek Council’s endorsement of the Collective Local Biodiversity Strategy – Town of Bassendean, City of Bayswater, City of Belmont. This will provide for the collective, strategic protection and effective management of natural areas directly managed by the Town – in partnership with the Cities of Bayswater and Belmont – and the consideration of ecological linkages within a broad landscape beyond municipal boundaries. It also demonstrates Council’s commitment to the protection and enhancement of a network of local natural areas.
BACKGROUND
- Council resolved in March 2006 (OCM – 15/03/06) to develop a Local Biodiversity Discussion Paper and Strategy in accordance with the Local Government Biodiversity Planning Guidelines for the Perth Metropolitan Region
- In August 2006 (OCM - 5/08/06) Council appointed two Council representatives to participate in the Local Biodiversity Strategy Stakeholder Working Group for Bassendean, Bayswater and Belmont. Council also resolved to invite representatives nominated by the Bassendean Preservation Group to participate in the Local Biodiversity Strategy Stakeholder Working Group
- A Strategy – the Collective Local Biodiversity Strategy – Town of Bassendean, City of Bayswater, City of Belmont was developed.
- The strategy was advertised for public comment throughout the Town of Bassendean, City of Bayswater and City of Belmont throughout October, November and December 2008.
The Collective Local Biodiversity Strategy – Town of Bassendean, City of Bayswater, City of Belmont, developed for the three aforementioned Councils, is based on the Local Government Biodiversity Planning Guidelines. The focus of the strategy is the protection and effective management of natural areas directly managed by the three local governments. The collective approach enables the consideration of ecological linkages within a broad landscape beyond municipal boundaries.
Through the regional identity adopted by all six Councils in Perth’s Eastern Region, the three Councils participating in this collective strategy are identified as the Swan River Precinct.
The Swan River Precinct is located within a recognised global biodiversity hotspot, the Southwest Botanical Province, and although much of the area has been modified or developed for human use, there are still important biodiversity resources within the region, and a need to protect and conserve those resources and implement appropriate environmental management.
The main focus of this Strategy is ecosystem diversity as it represents the most strategic way to conserve all levels of biodiversity. Vegetation complex mapping is the primary tool used to interpret and quantify ecological communities in the study area within the Swan River Precinct.
The strategy was developed by the EMRC with input from a Stakeholder Working Group comprising of Councillors and Environmental staff from all three local governments, representatives from WALGA’s Perth Biodiversity Program (PBP) program, and community representatives. The development of the strategy was funded jointly by the three local governments and WALGA.
The Stakeholder Working Group provided significant input into the Local Biodiversity Strategy – Town of Bassendean, City of Bayswater, City of Belmont.
COMMENT
Unlike outer metropolitan Councils, highly developed, urban municipalities such as the Town of Bassendean have very small remaining portions of natural areas and native vegetation with most of this remaining vegetation located within small, fragmented reserves under Government management. The Town of Bassendean has 24.2ha of native vegetation remaining covering 2.39% of its area. The vegetation is in small local reserves. The Local Biodiversity Strategy is a strategic commitment to the protection and enhancement of natural areas directly managed by the three local governments.
Due to the urbanised environment of the Swan River Precinct of Perth’s Eastern Region all remaining natural areas in this inner city landscape are considered of high biodiversity value.
The loss of such habitat would be significant not only in terms of biodiversity, but for aesthetic values associated with having the environment part of the Town and for the sense of well being that natural areas provide.
The Strategy protects and enhances the environment through:
- Identification of the extent of the biodiversity resource within the combined Local Government area,
- Development of a vision, objectives and targets for the protection and management of natural areas and other biodiversity features within the Swan River Precinct,
- Assessment of Local Natural Areas (LNAs) within the Swan River Precinct,
- Identification of ecological linkages (biodiversity corridors) across the Swan River Precinct,
- Identification of broad management options for LNAs and ecological linkages within the Swan River Precinct,
- Provision of costing schedules for the management of natural areas and ecological linkages within the Swan River Precinct,
- Development of a preliminary framework for monitoring and review,
- A preliminary review of existing Council policy and programs related to biodiversity conservation, and
- Recommendations for the ongoing implementation.
Management of the range of biodiversity assets to enable the Town’s biodiversity values to be maintained and enhanced whilst also meeting the range of human use values requires constant attention to its changing needs and consistent application of best management practices.
The Collective Local Biodiversity Strategy is a means to protect and enhance the network of local natural areas directly managed by the Town of Bassendean, and cities of Bayswater and Belmont. The collective approach enables the consideration of ecological linkages within a broad landscape beyond municipal boundaries, and represents the most strategic way to conserve all levels of biodiversity.
Following the preparation of the Draft Collective Local Biodiversity Strategy for the Town of Bassendean, City of Bayswater and City of Belmont in 2008, the Strategy was made available for public comment. The copies of the draft were located in Council Libraries and in Administration Offices for public viewing. During community consultation 6 submissions were received from:
- Department of Environment and Conservation
- Environment House
- Member of the public
- Swan River Trust
- Village Green
- WALGA
All comments received during this period were reviewed and appropriate changes were made to the Biodiversity Strategy accordingly. The comments received have been summarised and are attached.
STATUTORY REQUIREMENTS
Local Govt Act 1995
OFFICER RECOMMENDATION – ITEM 10.2
That Council endorses the Collective Local Biodiversity Strategy – Town of Bassendean, City of Bayswater, City of Belmont as a strategic tool to protect and effectively manage natural areas within the three local governments, and to provide a focus for future policy and management initiatives by the Town.
Voting requirement: Simple majority
10.3 Natural Environment Policies (Ref: ENVM/POLCY/1 – Christine Devereux, Manager, Environment & Ranger Services)
APPLICATION
The purpose of this report is to seek Councils approval and endorsement of the Natural Environmental Policies.
BACKGROUND
In May 2008, Council endorsed the following policies and advertised for community feedback on the Natural Environment Policies for three months:
- Natural Areas Management;
- Local Biodiversity;
- Promotion of Local Native Plants;
- Foreshore Restoration;
- Acid Sulfate Soils;
- Energy Use;
- Water Sensitive Urban Design and Water Conservation;
- Stormwater Quality Management;
- Nutrient and Irrigation Management;
- Environmental Purchasing Policy; and
- Wetlands.
COMMENT
The primary goal of Natural Environment Policies is to set out clear strategic guidelines for the maintenance and restoration of the ecological, conservation and cultural values for environmental consideration within the Town. The policies are intended as overarching strategic policies and will assist staff in formulating operational policies to achieve the objectives of the policies.
The Town received submissions from two community members during the public consultation period. These comments have been considered, and the policies revised accordingly. The revised versions of the policies together with summarised record of the submissions received and the Town’s responses, is attached.
The Natural Environment Policies provides best practice guidelines for all staff working in areas that have environmental considerations. These policies provide staff with necessary information to manage and maintain environmental issues within the Town.
If Council adopts the Natural Environmental Policies, the policies will assist in enhancing the conservational, ecological and community values of the Town and the policies endeavour to provide sound environmental practices for decision making within business sections.
The Natural Environment Policies provides proactive environmental management in the town and also provides residents with Councils direction on sustainability within the community environment.
OFFICER RECOMMENDATION – ITEM 10.3
That the Council approves the following Natural Environment policies to ensure that the Town of Bassendean is committed to the protection of the environment and provides best practice management practices for staff and the community:
- Natural Areas Management;
- Local Biodiversity;
- Promotion of Local Native Plants;
- Foreshore Restoration;
- Acid Sulfate Soils;
- Energy Use;
- Water Sensitive Urban Design and Water Conservation;
- Stormwater Quality Management;
- Nutrient and Irrigation Management;
- Environmental Purchasing Policy; and
- Wetlands.
Voting Requirements: Simple majority
10.4 Local Government Engineering Guidelines for Subdivisional Development (Ref:GOVR/LREGLIA/3 – Brian Reed, Manager Development Services)
APPLICATION
The Department of Planning and the Institute of Public Works Engineering Australia (WA Division) have developed the above document, which includes minimum engineering guidelines for subdivision. Both organisations are asking local governments to formally adopt the guidelines as the basis for subdivisional engineering approval within their respective municipalities. A copy of the Guidelines have been distributed to Councillors under separate cover.
BACKGROUND
The ability of state and local government and the development industry to provide an affordable, sustainable and timely supply of urban land is a key planning priority. The specific requirements necessary to achieve planning and engineering approval for the subdivision of residential, industrial and commercial lots should be clear, transparent, and consistently applied.
To provide greater clarity and certainty of subdivisional engineering requirements, the Department of Planning (DP) has partnered with the Institute of Public Works Engineering Australia (WA Division) (IPWEA) to produce Edition No.2 of the "Local Government Guidelines for Subdivisional Development, 2009". This document updates the first Edition, released in 1998.
The 2009 Guidelines are intended to underlie and support subdivision conditions applied by the Western Australian Planning Commission pursuant to the Planning and Development Act 2005. The Guidelines encompass current legislation and best practice minimum engineering standards. They are intended to guide local government and the development industry through engineering specification, construction and post construction subdivision approval. IPWEA has committed to update the guidelines on a regular basis with the first review occurring in mid 2010. Thereafter the reviews will be biannually.
DP and IPWEA urge developers, designers and approval authorities to employ this document as their basis for subdivision engineering design and construction. Local Authorities are also strongly encouraged to formally adopt these Edition 2 guidelines as the basis for subdivisional engineering approval within their municipality.
COMMENT
The general objective of the guidelines is for use by both statutory organisations and the development industry.
They aim to ensure that subdivisional development:
- meets relevant construction standards to ensure safety and longevity;
- produces a beneficial asset for the community;
- occurs in an efficient manner;
- minimises adverse effects on the local environment;
- produces suitable lots and facilities at a reasonable cost to the community;
- minimises future maintenance liability; and
- considers and allows for future development and maintenance.
The use of the guidelines by the Town of Bassendean is supported by the Manager Development Services.
STATUTORY REQUIREMENTS
Planning and Development Act 2005.
FINANCIAL CONSIDERATIONS
The adoption of known engineering standards for the engineering requirements for subdivisions should reduce costs to both developers and the Town.
OFFICER RECOMMENDATION – ITEM 10.4
That Council adopts the Local Government Engineering Guidelines for Subdivisional Development Edition 2 dated 2009 for the assessment of the engineering requirements for proposed subdivision works within the Town of Bassendean.
Voting requirement: Simple majority
10.5 Local Government Structural Reform – Town of Bassendean Final Submission (Ref: Bob Jarvis, CEO)
APPLICATION
To seek Council’s resolutions on its final submission to the Minister for Local Government on the Local Government Structural reform Process instigated by the Minister on 27 February 2009.
BACKGROUND
On 27 February 2009, all local governments in Western Australia received a set of guidelines from the Minister for Local Government to provide a framework for all local governments to consider structural reform.
The guidelines put in place a process to deliver a final submission from each local authority which addressed amalgamation, boundary reform, regional partnerships, and the number of elected members for each Council. The Minister specifically asked each Council to consider a reduction in elected members to between six and nine Councillors.
The guidelines also required each local authority to: complete a sustainability checklist to be submitted by the end of April, to form a working group to oversee the reform process, to meet with all neighbouring councils to discuss reform options, and to consult with the community. A copy of the timeframe is provided as an attachment. Originally, it was required that each Council would resolve its position on each of the matters under consideration and make its submission by the end of August 2009. However, this deadline has been extended to the end of September 2009 to allow Councils more time to consider their options and to consult with their communities.
Bassendean’s appointed working group was the Mayor, the CEO and Crs Gangell and Piantadosi. Two meetings were held with Swan (8th April and 13th July) and one meeting was held with Bayswater (4th June).
The Town’s checklist was submitted to the Reform Steering Committee by the end of April 2009, and subsequently a response was received on 22 July 2009 advising that the Town of Bassendean was rated as a Category one (1) local government: “Evidence suggests that there is existing organisational and financial capacity to meet current and future community needs. Local Governments should still consider reform opportunities which enhance service provision to local and regional communities”.
As a result of the recommendations, the Town is participating in a preliminary assessment of the possibility of further shared services within the Eastern Metropolitan Regional Council and pursuing resource sharing with other local governments.
The Town undertook substantial community consultation, including articles in the Bassendean Briefings delivered to all residents, and several Mayoral columns in local newspapers, but more specifically sent a questionnaire to each household and business in the Town and held a public meeting on the 29 July 2009 attended by approximately 80 residents and facilitated by Mr Ron Back, a local government consultant of many years experience.
Attached to this agenda is a copy of the draft final submission for Council’s consideration. The submission addresses each of the categories which are required to be considered by the Local Government Advisory Board in dealing with any proposal for structural reform.
The recommendations at the end of this report addresses each of the issues that the Minister has asked each local government to resolve as part of its final submission, and each recommendation is based on the very strong messages provided to Council by the community of Bassendean. The submission provides a detailed breakdown of the results of the 620 returned questionnaires from the community, as well as a copy of the question sheet to demonstrate to the Minister that each of the areas required were part of the consultation, and that the questions adequately canvassed those issues and provided the opportunity for individual feedback. Copies of written submissions from the community are also included.
COMMENT
The results of the community feedback clearly demonstrate that the residents’ first and overwhelming preference is for Bassendean to stay as a separate local government, with 79% indicating this preference. The issue of boundary adjustments was canvassed and the results are not as clear with 46% preferring to remain within current borders and 48% preferring to grow (6% made no comment on this matter).
The community has by a majority indicated that if it was forced to choose an amalgamation partner it would choose Bayswater (56%). However, from comments on the forms and those made at the public meeting, there is a clear concern that not enough is known about Bayswater or Swan to make an informed decision. There were concerns expressed about loss of some services, Bassendean institutions being neglected or abandoned, and several concerns expressed about an outstanding CCC report on Bayswater that has yet to be released to the public. It should also be noted that as at the time this report was written (18 August 2009), the City of Bayswater was yet to declare any proposals for consideration by the Town. Swan, at its last meeting with the Town, indicated that their first preference was to remain as they are but that they would include other options, one of which is a proposal to amalgamate with Bassendean. Swan also indicated that it supported the use of natural boundaries or major man made barriers to form local government boundaries. It should be noted that 20% preferred Swan as an amalgamation partner but 24% either preferred a combination of all three, another option, or made no comment.
The community has clearly indicated its preference for a reduction in Councillors from the current nine to six (71%), and the public meeting endorsed its current regional grouping with the East Metropolitan Regional Council.
OFFICER RECOMMENDATION – ITEM 10.5
That:
1. In light of the strong direction given by its community, and the results of the checklist submitted to the Department of Local Government by the Town, Council resolves that its first option is to remain an independent, and sustainable local government, but actively pursue further resource sharing with other local governments and support the exploration of further resource sharing through its membership of the East Metropolitan Regional Council;
2. The Town submits that if boundary adjustment is to be considered in the future, it supports the use of natural boundaries and major man made infrastructure to form boundaries, and considers that the use of the Swan River, Tonkin Highway, the centre line of Morley Drive, and Bennett Brook provides, as a minimum, a more logical boundary for the Town of Bassendean, noting that Morley Drive is already substantially a large part of its border with the City of Swan;
3. The Town submits that the “2031 Draft Spatial Framework” document and supporting policies, suggest that, as a minimum, the Town will need to grow inside its current borders by a minimum 2,300 dwellings, indicating a strong growth phase for the Town which will see a population increase of at least 28%;
4. Council supports the reduction in its current number of elected members from nine (9) to six (6) but would ask that an equitable process be put in place so as not to disadvantage individual Councillors in the process; and
5. Council confirms its preferred regional grouping as the East Metropolitan Regional Council membership, being the Town of Bassendean, Cities of Bayswater and Belmont, Shires of Kalamunda and Mundaring, and the City of Swan. In doing so, recognises the status of the EMRC as one of the premier regional local governments in Australia and the considerable resource sharing and shared services that already takes place as a group.
6. Council submits resolutions 1 – 5 along with the reform submission document attached to the Ordinary Council Agenda of 8 September 2009, to the Minister for Local Government as soon as possible and prior to the submission closing date.
Voting requirement: Simple majority
10.6 Breach of Local Planning Scheme; Unauthorised Builders/Storage Yard – Lot 17 (No. 25) Mc Donald Crescent, Bassendean– Owner: D & Z Constructions (Dracorp Pty Ltd) (Ref: – Michael Whitbread, Senior Planning Officer)
APPLICATION
The purpose of this report is for Council to consider an appropriate course of action to deal with the unauthorised works at the above site which are in breach of Local Planning Scheme No. 10.
BACKGROUND
The landowners where approached regarding the poor condition of the site.
Town Planning consultants, Planning Solutions, acting on behalf of the owners, have also been advised that the land use has not been approved and the development of the site does not meet Scheme and policy requirements. Planning Solutions have passed on the information on two occasions to the landowners and to date no reply has been received, or any indication given as to the landowner’s intention regarding compliance with the Scheme.
Council resolved at its meeting on the 28 April 2009 to commence legal action for an almost identical Scheme breach by the same landowners at 35 May Holman Drive
COMMENT
The general standard of development in Tonkin Park, and in McDonald Crescent in particular is of a relatively high standard. Typified by tilt up concrete panel construction, and incorporating strong articulated street elevations, these building express a more post-industrial and commercial aesthetic than the vernacular industrial development in the older portions of the Bassendean industrial land. These new buildings are designed to be attractive for various land uses such as offices, warehousing, showrooms and specialised factory production and are considered to be consistent with the proper and orderly planning of the locality.
The unauthorised development of No.25 McDonald Crescent does not comply with the Town Scheme and Policies as shown in the comparison below. The areas of non-compliance are highlighted in italics:
- The Scheme requires a minimum street setback of 13-metres and this must be to a masonry building. The current transportable metal dongas (used as toilets) are setback less than 4-metres from the McDonald Crescent alignment.
- The policy requires that security fencing is of black plastic coated mesh, setback behind a 2-metre landscaping strip. The owners have installed a galvanised fence on the front boundary, with shade cloth `screening’ and there is no opportunity to provide the stipulated 2-metre wide landscaping strip.
- It is a fundamental requirement of any development that parking and access areas are paved (usually bitumen) to prevent dust lift off and drained for health and safety reasons. Such a requirement is intended to prevent the carriage of loose materials, onto road surfaces which would eventually accumulate and block public drains. The current development at No. 25 McDonald Crescent has unsealed parking and traffic areas, (loose road base) and the crossovers to the site are unconstructed. Stormwater disposal via engineered on site drainage from buildings and/or hard stand areas is non-existent.
- The Town’s Industrial policy stipulates that only 20% of the 13-metre setback area can be used for storage. One of the reasons for this setback area within requirement is that trucks delivery trucks can manoeuvre on-site to, rather than using the public road to unload goods and equipment. The current development utilises the majority of the front street setback area for storage of builders’ equipment.
- Council’s policy requires that storage areas are required to be screened from the street. Currently the storage areas are exposed to the street and is not screened.
In summary, the proposed land use, while appropriate to the Tonkin Park industrial area, in one sense is being conducted in a manner that ignores the minimum development standards set down by Council in its Local Planning Scheme for the development and use of industrial zoned land.
Given the negative impacts to other developments in the locality, and the additional costs being passed on to the Town, (and its ratepayers) due to the lack of proper on site drainage and paving, legal action may be appropriate.
A further risk is that may appear to local developers who are contemplating development and investment in the locality that the Town does not enforce its Scheme.
Council has a number of options available in regard to dealing with this breach of the scheme. Firstly, it can stipulate a time limit for the submission of a development application for remedial works to the site. It is recommended that such a resolution include the proviso that legal action commences without further notice if the time frames are not met or that any remedial works are not to a satisfactory standard.
Alternatively, Council could choose to commence legal action in any event for the breach of the Scheme. It is considered extremely likely based on the circumstances that a prosecution would be successful. As outlined in the legislative requirements section of the report below, Council does not have to choose between considering a retrospective application or prosecuting. Council would not be legally fettered from commencing legal action for the breach that has occurred by considering a retrospective planning application for the land use.
On this basis, it is recommended that the landowners be advised that a planning application be lodged within 21 days of the Council decision and that the remedial works be carried out within a further 28 days. The land owner is a construction company and the works required are considered straightforward and the proposed timeframe achievable.
Alternatively, the landowner has the option of simply removing the un-authorised works from the site reinstating the kerb and verge within the specified timeframe.
STATUTORY REQUIREMENTS
Clause 8.1 of Local Planning Scheme No.10 all development on land zoned under the Scheme requires the prior approval of the Council.
In the event of un-authorized existing development Council is able to consider granting retrospective planning consent subject to the under Clause 8.4 providing the development meets Scheme requirements (or can be altered to do so).
Clause 8.4.2 also allows Council to prosecute for a breach of the Scheme whether or not is willing to grant retrospective approval
FINANCIAL CONSIDERATIONS
There have been several recent legal actions by the Town for breaches of the Scheme that have been successful. The Town’s solicitors’ costs have fro the most part been recovered and the fines remitted to the Town. Although in such instances staff time and resources are not directly compensated for, the normal planning fees are tripled for retrospective applications.
RECOMMENDATIONS
The owner has development No. 25 McDonald Crescent as a builder’s storage yard without planning approval. In terms of setbacks to buildings, paving, drainage, fencing, landscaping and screening of storage areas the unauthorised works do not comply with Scheme and Councils policies. Council has the choice of setting time limits bring the development into compliance, take legal action for a breach of the Scheme or both should it wish to.
It is recommended that given that the owner has responded to the Town’s letter and employed a planning consultant to remedy the situation, the following course of action be taken, as shown in the recommendation below.
OFFICER RECOMMENDATION – ITEM 10.6
That Council advises the owner of Lot 17 (No. 25) McDonald Crescent, Bassendean:
1. To submit within 21 days plans a competent application to modify the existing unauthorised development that would comply with Local Planning Scheme No. 10 and associated Policies;
2. That any approved works and related conditions being implemented within 28 days from the notification of any development approval to the satisfaction of the Manager Development Services;
3. Failure to comply with item 1 & 2 above within the specified timeframes will result in the initiation of legal action without further notice.
Voting requirement: Simple majority
10.7 Proposed Outside Storage of Materials, Sail Structure, and Boundary Fence at Lot 23; No 10 Alice Street, Bassendean: Owner/Applicant Hofmann Engineering Pty Ltd (Ref: A9 – Brian Reed, Manager Development Services)
APPLICATION
An application has been received to carry out certain works at the above property which involve variations to Scheme requirements and scheme policies. The application is therefore referred to Council for determination.
BACKGROUND
An Application has been received to carry out certain works at the above property including:
- Using the setback area between the premises and one of the Alice Street frontages for the storage of materials;
- Providing a shade type structure over a proposed barbecue area; and
- Erecting a neater screen fence on part of the Alice Street frontage.
In support of the application, the applicant makes the following points:
“Number 10 Alice Street is being developed as Hofmann’s Valve division with small machining facilities and overhauling of valves. The valves to be overhauled will be stored on the area marked on Drawing 342713, "New Bitumen". It would look like a junk yard when viewed through an open fence from Alice Street Therefore we would like to enclose the fence, the same as we have done in 3 Alice Street, as per attached photos. This enclosed fence also gives security as potential thieves will not see the bronze and cooper associated with the repair.
We also like to include an outdoor area including a BBQ corner; it will be covered with a sail type structure for shade. The Office entrance is from the front as well as a staff entrance via an electronically controlled turnstile, The side is only for delivery and pick up.
At present, the property is fenced all round including the front of the office, It looks unattractive and we would like to upgrade it.
We seek permission to build a Neeta-screen fence on the border of our property, but only for a length of 60m, staying 2 m short of the point where Alice Street turns in an angle towards Wood Street, For safety reasons we plan a 15 m wide steel picket fence on top of a 500 high lime stone wall on both sides of the gate to give the truck driver a view of pedestrians that may walk along the wall.
We realise the Town of Bassendean needs 1.5m of landscape gardening just after the fence.
We seek an exemption to this for following reason:
- Our storage area as it is now is too small already arid giving away 90 m2 would make our plan unsuitable and we would have to leave the existing arrangement with a fence covering the total block including the office front which would not serve any of us.
- 10 Alice Street, facing Tonkin Park can almost be considered as another street as our main office view is facing South/East (towards the railway line), where we intend to have it all open and landscaped, more than the authorities requested.
- If the Town of Bassendean can make an exception we offer to landscape the verge with a sprinkler system and we would continue to clean the rubbish being dumped in the corner of Alice Street.”
COMMENT
Use of the setback area for storage
The Scheme prescribes that the land between the street alignment and the building setback may only be used in a certain manner as shown below. The Scheme does not allow the land generally to be used for the storage materials:
Use of Setback Areas
The land between the street alignment and the building setback shall not be used for any purpose except one or more of the following:
(a) a means of access and egress;
(b) the parking of vehicles used by customers and employees;
(c) the loading and unloading of vehicles (refer to 9.4);
(d) open air display of goods, provided such area does not cover more than 20% of the setback area, is not within 3 metres of the street alignment and does not reduce the area set aside for landscaping;
(e) landscaping; and
(f) the display and sale of motor vehicles where the local government’s approval has been granted.
It is considered that the clause exists in the Scheme to prevent the open storage of material that would be visible from pubic view. In the opinion of the Manager Development Services, the storage of material would be acceptable, provided it is screened from the street.
Providing a shade type structure over the proposed barbecue area
The proposed shade structure is considered to be acceptable by the Manager Development Services. Only part of the structure would fall within the prescribed 7.0m setback to a secondary street.
Erecting a Neeta-screen fence on part of the Alice Street frontage
This part of the proposal is again considered to be acceptable to the Manager Development Services. In this regard, it should be noted that the applicant is carrying out improvements to an existing property, which has the appearance of a corner lot, which currently has a chain wire fence on the street alignment.
It is considered that if the proposal were to be implemented, the effect would be an improvement to the level of visual amenity to the area.
It should be noted however, that the solid fence on the street boundary may be subject to graffiti attacks, and the Town would become responsible for the removal of such graffiti under its removal program.
This situation could be ameliorated by landscaping on the verge as suggested by the applicant, and recommended as a condition of planning consent.
STATUTORY REQUIREMENTS
The Local Planning Scheme No 10 gives Council the power to vary site and development requirement. The relevant clauses of the scheme are reproduced below:
VARIATIONS TO SITE AND DEVELOPMENT STANDARDS AND REQUIREMENTS
5.5.1 Except for development in respect of which the Residential Design Codes apply, if a development is the subject of an application for planning approval and does not comply with a standard or requirement prescribed under the Scheme, the local government may, despite the non-compliance, approve the application unconditionally or subject to such conditions as the local government thinks fit.
5.5.2 In considering an application for planning approval under this clause, where, in the opinion of the local government, the variation is likely to affect any owners or occupiers in the general locality or adjoining the site which is the subject of consideration for the variation, the local government is to:
(a) consult the affected parties by following one or more of the provisions for advertising uses under clause 9.4; and
(b) have regard to any expressed views prior to making its determination to grant the variation.
5.5.3 The power conferred by this clause may only be exercised if the local government is satisfied that:
(a) approval of the proposed development would be appropriate having regard to the criteria set out in clause 10.2; and
(b) the non-compliance will not have an adverse effect upon the occupiers or users of the development, the inhabitants of the locality or the likely future development of the locality.
If Council elects to refuse the application or imposes conditions that are unacceptable to the applicant, appeal rights exist to the State Administrative Tribunal.”
FINANCIAL CONSIDERATIONS
Nil.
OFFICER RECOMMENDATION – ITEM 10.7
That Council grants planning consent for the outside storage of materials, a sail structure, and a boundary fence at Lot 23; No. 10 Alice Street, Bassendean, subject to the following conditions:
1. No products, goods or materials are to be stored outside of the building, unless in a designated area approved by Council for this purpose (Manager Development Services);
2 The street verge adjacent to the lot 23 being landscaped and maintained to Council's satisfaction (Manager Development Services);
3. The landscaping plan shall include details of the proposed watering system to ensure the establishment of species and their survival during the hot, dry summer months. Council encourages landscaping methods which do not rely on reticulation. Where reticulation is not used, the alternative method should be described;
4 The landscaped areas being developed in accordance with the approved plan and maintained thereafter for a minimum period of 12 months (Manager Development Services); and
5. The issue of a building licence prior to the commencement of any on-site works.
Voting requirement: Simple majority
10.8 Request for Return of Development Bond & Commencement of Legal Action; 27-29 May Holman Drive, Bassendean (Ref: DA 2008/20 - Michael Whitbread, Senior Planning Officer)
APPLICATION
The purpose of this report is for Council to consider whether a development bond should be refunded to the contract builder of a recently constructed industrial development. The basis of the request is that unauthorised works preventing the refund of the bond have been carried out by the landowner/developer.
BACKGROUND
Planning approval was granted on the 19 May 2008 for the development of eight industrial units on the above site subject inter alia to the following conditions:
1. Any security fencing shall be located a minimum of 2-metres from the street boundary; and
2. Prior to the issue of a building licence a development bond for the sum of $30,000 being lodged with the Council to ensure the satisfactory completion of all works associated with landscaping, car parking, screen walls, and other associated works.
The above conditions were imposed in accordance with Council policies.
When the buildings were completed earlier in 2009, an inspection was conducted in relation to the strata titling of the units and the return of bonds. It was revealed at that time that the fence had been erected contrary to the planning approval issued
The issue had been discussed on a number of occasions with the landowner who was advised that the following options to resolve the matter where available:
- To retain the fence in its current location, it would be necessary to lodge a separate and retrospective planning application in order to be able to amend the previous development approval; or
2. To simply relocate the fence 2-metres behind the front boundary.
COMMENT
The purpose of the Town’s policy requiring that a development bond be lodged prior to the issue of a building licence is two fold. Firstly, it is an incentive for the developer/builder to ensure that works are carried out in accordance with Council approvals. Secondly, bonds act to remove the necessity of the Town to undertake expensive and lengthy legal action in order to enforce Scheme provisions.
From an administrative perspective, the Town will only return a bond when the development complies with the works and conditions of the approval granted. It is not the Town’s concern as to whether the land owner or builder pays the bond monies. This aspect of the development process is subject to private contractual arrangements between the landowners and builder. If, as is this instance, one party carries out work that would jeopardise the bond monies for the other party, is a civil matter. The issue of which party lodges the bond is one of negotiation and there are many instances where it is the owner rather than the builder that lodges the bond.
Similarly, there are more than adequate legal provisions for developer to challenge conditions of approval in the Scheme and through the appeals process, if they are not satisfied with conditions. It is also possible for developer where appeals timeframes have expired, to lodged a planning application that seek to amend planning approvals.
The current situation is one where Mapel Building, (who lodged the bond) has in good faith completed the building in accordance with the approved plans. The landowner/developer subcontracted the installation of security fencing which has been placed on the boundary line and not 2-metres inside as per the approval.
It would appear from a superficial assessment that the requirement of having the security fencing setback 2-metres seems to be an unusual development standard. However, the rationale is that the 2-metre landscaping strip is incorporated into the landscaped verge enhancing the industrial streetscape. Also, it is apparent from a review of existing development that those with landscaping strip in front of the security fences are in every case well cared for, whereas those landscaping strips behind the security fences are for the most part neglected.
Council has two options regarding this request from Mapel Building;
- Advise the builder that the matter is one of civil contract and the Town is unable to refund the bond until the fence is either removed or relocated in accordance with the policy; or
2. Refund the bond to the builder and commence legal action against the landowner for a breach of the Planning Consent.
Although the Town is under no obligation in a legal sense to refund the bond, the situation can also be viewed in terms of basic fairness. Mapel Building has not made the error in this case. The building was completed and has been handed over to the owner. Mapel building no longer has access to the site or any legal rights to alter the fence. Mapel does, however, have its own legal options to recover the funds.
Since this situation arose, the Town has approved, with identical conditions, several other industrial developments. Due to this situation, staff have insisted that the owners acknowledge in writing or indicate on the plans, the location of any security fencing.
In terms of comparisons with other local authorities’ industrial fencing requirements, Balcatta in the City of Stirling, Malaga, in the City of Swan and Cockburn industrial areas do not permit any security fencing forward of the building line.
The Town’s fencing requirements are therefore not onerous and the current situation is one of an unfortunate set of circumstances where a builder is being financially penalised by the action of a land owner.
It is acknowledged that the steel fencing installed in this instance is of a high standard, however, the location of the fence would set an undesirable precedence for any further development in the Town. Further, there would be no guarantee that the fencing standards could be enforced.
The Town has taken action in the assessment process to ensure that such a situation is unlikely to arise again. On this basis, it is recommended that the bond be refunded to the builder and that legal action be initiated relocate the fence in accordance with the condition of planning consent for this development.
OFFICER RECOMMENDATION – ITEM 10.8
That:
- Council refunds the $30,000 bond to Mapel Building for the completed development at Lots 821 & 822 (No’s 27-29) May Holman Drive, Bassendean; and
- The owner(s) of Lots 821 & 822 (Nos 27 to 29) May Holman Drive, Bassendean, be advised that unless the fence is relocated in accordance with Condition 2 of the planning approval issued on the 19 May 2008 within 30 days, legal action will commence without further notice.
Voting requirement: Simple majority
10.9 Proposed Closure of a Portion of ROW 6 at the Rear of 26 Scaddan Street and 35 Broadway, Bassendean (Ref: ROW6 – Michael Whitbread, Senior Planning Officer)
APPLICATION
The purpose of this report is for Council to consider whether to proceed with the proposed partial closure of ROW 6 in the face of objections from adjoining/affected landowners.
BACKGROUND
Council, at its meeting held on the 27 January 2009, resolved to initiate the private road closure process for a portion of Right-of-Way and amalgamate the land with No. 28 Scaddan Street and No. 35 Broadway Bassendean.
Since that time the applicants have paid the fees for advertising and the Town has undertaken the advertising process to adjoining owners and statutory authorities.
It was noted in the December 2008 report that is should not be assumed at this stage that Council would support the eventual closure of the ROW, but was at that stage prepared to initiate a process to ascertain the feasibility of closure.
COMMENT
The process for the closure of rights of ways is governed by the Land Administration Act 1997. Council’s Policy dealing with the closure of rights of ways also provides guidance in the assessment of such proposals.
Preliminary consultation undertaken initially by the applicant suggested that the other users of the ROW had no objection to the closure request.
Subsequent formal consultation carried out with adjoining owners, statutory service authorities (Western Power, Water Corporation) was carried out.
Two letters of objection were submitted. The first was from the owner of No. 30A Scaddan Street. This property lies at the end of the right-of-way and the grounds of objection are firstly that the laneway can provide access to the rear of the property. Secondly, there are concerns that closure would act to encourage more illegal development works by the owner of 35 Broadway (Council is currently taking legal action regarding unauthorised building).
The second objection was from the owner of 31 Broadway who objects on the grounds that the right-of-way provides a open space for children to play as the yard to their house is quite small.
A copy of a plan showing the location of the ROW and the proposed land distribution is included in the attachments. The plan also shows the location of those landowners who oppose the closure.
The are three main issues that should form part of the consideration of the proposed closure in this instance. Foremost is the question of whether the closure would preclude the opportunity for access to properties. The owner of No 30A Scaddan Street would lose the opportunity for access to the rear of her property via the right-of-way as a result of the closure. However, this property does not currently use the right-of-way for access as there is no gate. In addition, the location of the house on the site at No. 30A allows side access to the rear via the battle-axe access leg to his strata lot. In this aspect of the grounds of objection, the proposed closure, based on current access opportunities to the objector’s dwelling, are difficult to sustain. The other objectors claim regarding use of the right-of-way as open space for children to play in is not seen as a sufficient reason on planning grounds to prevent closure.
At the same time, however, the proposed closure would not provide any additional benefit to those owners of 28 Scaddan Street and 35 Broadway who enjoy unfettered access, and the security provided by the approved gate arrangement. Although these two properties enjoy vehicle access to large rear garages/workshops, both site also have side access from their respective 20-metre wide street frontages. They could not expect to prevent other adjoining owners from seeking closure of the right-of-way.
In terms of Council policy, closure of a right-of-way shall not proceed generally where:
- safe rear access is provided by the right-of-way to properties on Important Regional Roads;
- the right-of-way is clearly used for access to small lots with limited street frontage;
- the right-of-way is constructed;
- the right-of-way provides the only means of access to an approved garage or carport;
- the right-of-way has the potential either now or in the future to be used to facilitate the development of infill dwellings at the rear of existing residences;
- agreement cannot be reached for the acquisition and inclusion of the subject land into adjoining properties;
- arrangements have not been made to protect or relocate any public services located within the right-of-way;
- reasonable objections by adjacent property owners and owners and residents of properties served by the right-of-way have not been satisfactorily addressed; and
- relevant transport and planning considerations have not been taken into account and issues raised by Department for Planning and Infrastructure and other relevant government departments have not been properly considered.
It is assessed that the proposed closure would not conflict with the above policy grounds for preventing closure. However, Council is not necessarily bound by these detailed reasons alone and can decide the issue on its relevant merits.
OFFICER RECOMMENDATION – ITEM 10.9
That Council advises the applicant and Landgate that it supports the partial closure of Right of Way No. 6 adjoining 28 Scaddan Street, Bassendean and 35 Broadway, Bassendean, in accordance with the procedures outlined in the Land Administration Act 1997.
Voting requirement: Simple majority
10.10 Bassendean Primary School – Transportable Classrooms (Ref: – Brian Reed, Manager Development Services.
APPLICATION
At the last Council meeting the following Notice of Motion was passed by Council:
“That Council investigates and receives a report back on the Education Department’s future intentions with the transportable classrooms currently located at Bassendean Primary School. Further to this, enquired if Council could acquire the transportables when the Education Department has not further requirement for them.”
COMMENT
The two classrooms will no longer be required at the Bassendean Primary School site as a result of the proposed library and pre-primary facility funded by the Federal Government under the Building the Education Revolution Programme. One of the classrooms is located within part of the part of the building area.
The Manager Development Services has spoken to a representative of the Education Department who has advised, that ownership of the buildings now lies with the builder/demolition contractor who has been awarded the contract to carry out the building works.
The asbestos from the buildings needs to be removed before the buildings are removed from the site, and it has not yet been confirmed whether the purchaser of the buildings will need to meet these costs.
It is understood that there will be no charge for the buildings themselves, other than for the potential removal of the asbestos.
The removal of the asbestos will commence next week so as not to disrupt the overall building program.
Any damage to the school property as a result of the removal of the buildings will need to be met buy the purchaser.
There are some fundamental issues with the Town acquiring the buildings as described below:
- The cost of relocating the buildings has been “quoted” to be in the order $15,000 -$20,000 per building.
- The costs of re-cladding and making the buildings fit for use is not known.
- Council has not identified a need for the buildings.
- The building would need to be stored temporarily until such time as a definite purpose of the buildings is found, and the buildings are likely to deteriorate if left in other that than a weatherproof secure environment.
- Council has no budget for the removal, restoration or ongoing costs for the building.
However, since the matter was last considered by Council, the Casa Mia Montessori School located in Hamilton Street has expressed a desire in acquiring both buildings.
The school has been awarded $75,000 to build a new library at its site in Hamilton Street. Originally, the school intended to place a transportable building on the site, but would now prefer to meet this need by acquiring one of the ex Bassendean Primary School classrooms. The other classroom would be purchased by Casa Mia and used on their new school site when it becomes available.
Eventually, both classrooms would be placed on their new site.
The Casa Mia Montessori School has also secured the services of a local carpenter who is prepared to restore the buildings.
The Casa Mia Montessori School require permission under their lease to place the building at the Hamilton Street property which is leased to the School by the Town.
This report recommends that permission be given under the lease, subject to the conditions in the recommendation below.
STATUTORY REQUIREMENTS
Local Government Act 2005
Planning and Development Act 2005
FINANCIAL CONSIDERATIONS
As discussed in this report
OFFICER RECOMMENDATION – ITEM 10.10
That:
1. The Town of Bassendean does not express an interest in acquiring the surplus classrooms from the Bassendean Primary Scholl site; and
2 The Town of Bassendean grants permission under clause 2.10.3 for the Casa Mia Montessori School inc to place one of the ex Bassendean primary school buildings to be erected at 11 Hamilton Street Bassendean subject to the following conditions:
a) An application shall be made for planning consent from the Town of Bassendean for the proposed classroom;
b) The building shall be set back from the northern boundary of the site in accordance with the Residential Design Codes;
c) The building shall not be used to increase the number of students at the site, in line with the application for the Temporary structure. are about to approve; and
d) The relocated building shall be the subject of a Building Licence.
Footnote
The Casa Mia Montessori School Inc is advised that the relocated building should be the subject of a Building Licence prior to the works being carried out. However, should the works be conducted prior to the placement of the buildings, a retrospective Building Approval can be sought. It should be noted that a retrospective approval can be problematic in that post installation alterations may be required and additional certification must be provided to confirm the compliance of the works. The existing licence application can be amended to reflect the new proposal through the provision of revised drawings. The revisions must be submitted to the Fire Emergency Service Authority for assessment.
Voting requirement: Simple majority
10.11 Seniors’ Week Coordinating Committee Meeting held on 13 August 2009 (Ref: GOVN/CCLMEET/12 - Travis Moore, Recreation Development Officer)
APPLICATION
The purpose of the report is for Council to receive the minutes of the Seniors’ Week Coordinating Committee Meeting held on 13 August 2009.
COMMENT
Discussion at this meeting focussed on the following topics:
External Funding - the Committee received a report advising that the Town has applied for funding to assist in the provision of this year’s events and will receive notification on the outcome of the application in coming weeks.
Shopping Centre Involvement – the Committee received a progress report from the Centre Manager on the Centre’s involvement in Seniors’ Week.
Event Planning – the Committee members provided a progress report on the planning for the events. It was agreed that the planning was advancing in an effective manner.
Budget – the Committee received a report indicating that expenditure of up to $5,750 has been approved for Seniors’ Week events in the 2008/09 Council Budget. A draft Budget was presented at the meeting, which was subsequently endorsed by the Committee.
OFFICER RECOMMENDATION – ITEM – 10.11
That Council receives the report on a meeting of the Seniors’ Week Coordinating Committee held on 13 August 2009.
Voting requirement: Simple majority
10.12 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 10.12
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 Pule - Local Government Convention Awards 2010 WALGA
Cr Pule has advised in writing that he wishes to move the following motion at this meeting:
MOTION
“That the Chief Executive Officer of the Town of Bassendean, prepare nominations, including in it all the merits for dedicated service over many years to the Town of Bassendean and present, for Council’s consideration for submission to the appropriate awards at the next 2010 Local Government Convention, for the Mayor, Cr Klein and Cr Brinkworth.
12.2 Notice of Motion: Cr Pule - Traffic Calming Haig St. & Reid St
Cr Pule has advised in writing that he wishes to move the following motion at this meeting:
MOTION
“That the Town of Bassendean investigates and makes recommendations on traffic calming strategies for:
1. The Corner of Reid Street with Kenny Street; and
2. The bend from Reid Street into Haig Street.
The considerations to include:
- traffic statistics and use profile;
- Speed counts and accidents at the sites, including the demolition of the electric light pole just around the corner into Haig Street;
- Speed zone reduction along the corner of Reid and Kenny and the entire length in front of Cyril Jackson into Haig Street;
- Visibility obstruction by the colourbond fence at the bend of Haig and Reid Streets;
- Use of a convex mirror at Haig and Reid to assist visibility;
- Use of speed humps; and
- Additional policing of the location.
Complaint received by resident, Mr Ziino of 69 Haig St.”
12.3 Notice of Motion: Cr Yates - Exchange of Properties for Immediate Sale
Cr Yates has advised in writing that he wishes to move the following motion at this meeting.
The Local Government Act 1995 s. 5.25(1)(e) states that if a decision has been made at a council or a committee meeting then any motion to revoke or change the decision must be supported by at least 3 Councillors, inclusive of the mover.
Crs Gangell and Piantadosi have advised that they support the motion.
BACKGROUND
The block known as 14 Iveson St has known geotech issues. There is a recently passed motion that requires a corrective plan, timetable and budget to be developed for such blocks. To attempt to sell the block could cause serious PR issues for Councillors and the Town. There are better options with greater returns possible. The current tender documents appear to have a number of 'problems'. The sewer line in one corner of the property may stop the remediation of the total lot as a retaining wall on the property line cannot be constructed.
Motion:
MOTION
“1. That the proposed sale of 14 Iveson Street be stopped and compensation for sale costs be paid if appropriate to the selling agent, so revoking the previously passed motion to seek tenders for the sale of the property, closing in September 2009.
2. That the Town commences the necessary steps to separately make available for purchase the blocks known as 48 Rugby Street, 33 Second Avenue and 12 Lyneham Place, provided these blocks do not have known geotech or other issues that may stop an appropriate sale without restrictions, and under the competitive arrangements recently passed by Council.”
12.4 Notice of Motion: Cr Pule - Cross Suburban Transit Pickup and Drop off Service
Cr Pule has advised in writing that he wishes to move the following motion at this meeting:
MOTION
“That a feasibility report be prepared to:
1. Run a twice daily paying, 5 days per week across suburban small bus pickup service, to address the parking problem at the Bassendean Railway Station; and
2. Introduce paid parking along Railway Parade and or other strategic locations.”
12.5 Notice of Motion: Cr Pule - Letter to Metropolitan Waste Board and to the Minister E Waste Interim Funding (cc to Shire of Mundaring and City of Bayswater)
Cr Pule has advised in writing that he wishes to move the following motion at this meeting:
MOTION
“1. That the Town of Bassendean writes to the Metropolitan Waste Board/Waste Authority (cc to Metropolitan Waste Advisory Council) and the Minister to ask for interim funding assistance for HHW collection days for Councils in the Region to include E Waste and Used Oil in the Household Hazardous Waste (HHW) collection days in the interim period to early 2010, to enable the said Councils to include:
- E Waste and Used Oil in the remaining HHW collection days without undue financial burden; and
- The total suggested amount of funding being $6000 (ie $2000 for each of the three affected Councils.
2. That the Town of Bassendean writes to the Shire of Mundaring and the City of Bayswater to invite them to consult with and join in with this funding request and assist in which ever way they may consider suitable.”
13.0 ANNOUNCEMENTS OF NOTICES OF MOTION FOR THE NEXT MEETING
14.1 Fleet Leasing Arrangements (Ref: PLES/FLTMNGT/1 – Michael Costarella, Director Corporate Services; Ian McDowell, Acting Director Operational Services)
This matter is to be considered with members of the public excluded from the Chamber under Clause 5.23 (2) (e) (ii) of the Local Government Act as the officer report discusses a matter that if disclosed, would reveal information that has a commercial value to a person and a contract that may be entered into.
14.2 Nominations and Instrument of Appointment and Delegation for the Old Perth Road Markets Committee (Ref: COMMSDEV/MEET3 – William Barry, Economic Development Officer)
This matter is to be considered with members of the public excluded from the Chamber under Clause 5.23 (2) (b) of the Local Government Act 1995, as the officer report discusses information of a personal nature.
The next Ordinary Council meeting will be held on Tuesday, 22 September 2009.
