FINAL Minutes for OCM 10/09/2013 - City of Gosnells

ORDINARY COUNCIL MEETING10 SEPTEMBER 2013TABLE OF CONTENTS - MINUTESItem Report Title Page No.1. DECLARATION OF OPENING/ANNOUNCEMENT OFVISITORS/DISCLAIMER ................................................................................. 12. RECORD OF ATTENDANCE .......................................................................... 23. DISCLOSURE OF INTEREST ......................................................................... 24. ANNOUNCEMENTS BY THE PRESIDING MEMBER ..................................... 35. REPORTS OF DELEGATES ........................................................................... 36. QUESTION TIME FOR THE PUBLIC AND THE RECEIVING OFPUBLIC STATEMENTS .................................................................................. 36.1 QUESTION TIME ................................................................................. 66.2 PUBLIC STATEMENTS ....................................................................... 87. CONFIRMATION OF MINUTES ...................................................................... 98. RECEIVING OF PETITIONS AND PRESENTATIONS .................................... 99. APPLICATIONS FOR LEAVE OF ABSENCE .................................................. 910. QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN ........................... 911. ITEMS BROUGHT FORWARD FOR THE CONVENIENCE OF THOSEIN THE PUBLIC GALLERY ........................................................................... 1013.5.4 DEVELOPMENT APPLICATION - HOME STORE(REPTILE SALES) - 1D (LOT 26) WILLARING DRIVE,BECKENHAM ....................................................................... 1113.5.5 DEVELOPMENT APPLICATION - INCREASERECREATION - PRIVATE (GYMNASIUM)PATRONAGE - TENANCY 1, 404 (LOT 1008)RANFORD ROAD, CANNING VALE .................................... 1612. REPORTS OF COMMITTEE MEETINGS ..................................................... 2513. REPORTS ..................................................................................................... 2613.1 CHIEF EXECUTIVE OFFICE ............................................................. 2613.2 COMMUNITY ENGAGEMENT ........................................................... 2613.3 CORPORATE SERVICES ................................................................. 2613.3.1 BUDGET VARIATIONS ........................................................ 2613.4 INFRASTRUCTURE .......................................................................... 3413.4.1 TENDER 11/2013 - MINOR BUILDING WORKS .................. 3413.4.2 TENDER 31/2013 - SHADE SAILS ...................................... 38i

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item Report Title Page No.13.4.3 PROPOSED LEASE OF PART RESERVE 45426CANNING LOCATION 4183 ON PLAN 19839BEREHAVEN AVENUE, THORNLIE (WALTERPADBURY RESERVE) TO TELSTRA CORPORATIONLIMITED ............................................................................... 4213.5 PLANNING AND SUSTAINABILITY ................................................... 4513.5.1 DEVELOPMENT APPLICATION - CHANGE OF USE(NURSERY TO SHOP) AND CARPARK EXTENSION- 2041 (LOT 12) ALBANY HIGHWAY, MADDINGTON ......... 4513.5.2 DEVELOPMENT APPLICATION - MODIFICATIONSTO BUILDING FACADE - 2227 (LOT 89) ALBANYHIGHWAY, GOSNELLS ....................................................... 5113.5.3 DEVELOPMENT APPLICATION - COMMUNITYPURPOSE (MEN'S SHED WORKSHOP) - 64 (LOT 31)LISSIMAN STREET, GOSNELLS ......................................... 5613.5.4 DEVELOPMENT APPLICATION - HOME STORE(REPTILE SALES) - 1D (LOT 26) WILLARING DRIVE,BECKENHAM (ITEM BROUGHT FORWARD - REFERTO ITEM 11)......................................................................... 6313.5.5 DEVELOPMENT APPLICATION - INCREASERECREATION - PRIVATE (GYMNASIUM)PATRONAGE - TENANCY 1, 404 (LOT 1008)RANFORD ROAD, CANNING VALE (ITEM BROUGHTFORWARD - REFER TO ITEM 11) ...................................... 6313.6 GOVERNANCE ................................................................................. 6314. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN .................. 6315. URGENT BUSINESS .................................................................................... 6316. CONFIDENTIAL MATTERS .......................................................................... 6317. CLOSURE ..................................................................................................... 63ii

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Minutes of the Ordinary Council Meeting held in the City of Gosnells Civic CentreCouncil Chambers, 2120 Albany Highway, Gosnells on Tuesday 10 September 2013.1. DECLARATION OF OPENING/ANNOUNCEMENT OFVISITORS/DISCLAIMERThe Mayor declared the meeting open at 7.30pm and welcomed members ofthe public present in the public gallery, Councillors and staff.1.1 DISCLAIMERThe Mayor read aloud the following statement:Members of the public are cautioned against taking any action onCouncil decisions, on items on this evening’s Agenda in which they mayhave an interest, until such time as they have seen a copy of theMinutes of the meeting or have been advised in writing by City staff.1.2 RECORDING OF COUNCIL MEETINGSPlease take notice that all Council Meetings are digitally recorded, withthe exception of Confidential Agenda Items (in accordance with Section5.23(2) of the Local Government Act 1995) during which time recordingwill cease.Following publication and distribution of the meeting minutes to ElectedMembers the digital recording will be available in the following formats,for purchase at a fee adopted by Council annually:Digital recordings CD ROM (complete with FTR Reader) for useon a Personal Computer; orAudio recordings CD ROM for use on a CD player or DVD player.For further information please contact the Governance AdministrationOfficer on 9397 3012.I _________________________________________ (THE PRESIDING MEMBER)CERTIFY THAT THESE MINUTES WERE CONFIRMED BY THE COUNCIL OF THECITY OF GOSNELLS ON __________________________.1

City of GosnellsOrdinary Council Meeting Minutes 10 September 20132. RECORD OF ATTENDANCEELECTED MEMBERSMAYORDEPUTY MAYORCR D GRIFFITHSCR R MITCHELLCR J BROWNCR T BROWNCR R HOFFMANCR S IWANYKCR K JONESCR R LAWRENCECR O SEARLESTAFFCHIEF EXECUTIVE OFFICERDIRECTOR COMMUNITY ENGAGEMENTDIRECTOR CORPORATE SERVICESDIRECTOR INFRASTRUCTUREDIRECTOR PLANNING & SUSTAINABILITYDIRECTOR GOVERNANCEMINUTE CLERKSMR I COWIEMS A COCHRANMR R BOUWERMR D HARRISMR C TERELINCKMR G BRADBROOKMRS S OMONDMRS K BAINBRIDGEPUBLIC GALLERY 112.1 APOLOGIESCr G Dewhurst2.2 LEAVE OF ABSENCECr W Barrett was granted Leave of Absence from 8 September 2013 to22 September 2013 vide Resolution 356 of the Ordinary Council Meetingheld on 27 August 2013.3. DISCLOSURE OF INTERESTCr J Brown declared a Direct Financial Interest in Item 13.4.1, "Tender 11/2013- Minor Building Works."Reason: Financial interest.Cr D Griffiths declared an Impartiality Interest in Item 13.5.3, "DevelopmentApplication - Community Purpose (Men's Shed Workshop) - 64 (Lot 31)Lissiman Street, Gosnells."Reason: Patron of Men's Shed.Cr R Mitchell declared an Indirect Financial Interest in Item 13.4.3, "Proposedlease of Part Reserve 45426 Canning Location 4183 on Plan 19839 BerehavenAvenue, Thornlie (Walter Padbury Reserve) to Telstra Corporation Limited."Reason: Employee of Telstra.2

City of GosnellsOrdinary Council Meeting Minutes 10 September 20134. ANNOUNCEMENTS BY THE PRESIDING MEMBER(without discussion)Nil.5. REPORTS OF DELEGATES(without discussion)Cr R Hoffman advised that the tender for the Rivers Regional Council wasadvertised on Saturday and more than ten requests for documentationregarding the tenders have already been received.6. QUESTION TIME FOR THE PUBLIC AND THE RECEIVING OF PUBLICSTATEMENTSA period of 15 minutes is allocated for questions with a further period of 15 minutes provided forstatements from members of the public. To ensure an equal and fair opportunity is provided toaddress Council, a period of 3 minutes per speaker is allowed.The person's speaking right is to be exercised prior to any matter which requires a decision to bemade at the meeting.Questions and statements are to be –a) Presented in writing on the relevant form to the Chief Executive Officer prior tocommencement of the meeting; andb) Clear and concise.QUESTIONS TAKEN ON NOTICE AT PREVIOUS MEETINGS AWAITINGRESPONSENil.RESPONSES TO QUESTIONS TAKEN ON NOTICE AT PREVIOUSMEETINGS27 August 2013 Ordinary Council MeetingMr Douglas John Rowell of 11 Weston Street, Maddington askedthe following question in relation to the Development ContributionPlan:Q1Considering the general level of dissatisfaction in thecommunity with the plan, I was wondering how manypeople opposed the plan.Response: In reply to Mr Douglas John Rowell the Manager CityGrowth provided the following written response on 2 September 2013."I refer to your question posed during the Question Time session atCouncil’s meeting on 27 August 2013, which read:3

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013“Considering the general level of dissatisfaction in the community withthe plan I was wondering how many people opposed the plan and arethe Council willing to consider changes to the plan.”It is understood that your question relates to the recently advertised draftDevelopment Contribution Plan (DCP) report associated with the CentralMaddington Outline Development Plan. The following information isprovided to supplement the response given at the Council meeting bythe City’s Acting Director Planning and Sustainability, Mr Luke Gibson.The City received 111 submissions during the consultation periodundertaken on the draft DCP report. Of these submissions, 69 were inobjection, 26 indicated no objection and 18 provided comment. A rangeof concerns have been expressed in relation to the draft DCP report.All submissions and the issues raised will be closely examined andconsidered by City staff, who will prepare a report for Council’sconsideration at a future meeting. The report will seek to address allissues raised in submissions and is likely to canvass a range of optionsfor Council’s consideration, including possible changes to the advertisedplan.The City will write to you once the report is finalised and it is knownwhen Council is due to consider it at a future meeting.Please contact me on 93973160 should you wish to discuss thisresponse."27 August 2013 Ordinary Council MeetingMs Glenis Tomic of 49 River Avenue, Maddington asked thefollowing question in relation to the Development ContributionPlan:Q2There is an amount of over 3 million dollars to lookafter parks and recreation along the river foreshorefor two years. Is this not the responsibility of theSwan River Trust?Response: In reply to Ms Glenis Tomic the Manager City Growthprovided the following written response on 2 September 2013."I refer to your questions posed during the Question Time session atCouncil’s meeting on 27 August 2013, which read:1. “Why is there an administration fee of over $2.1 million for theMaddington ODP – when I asked a representative on Council Iwas told it was to pay for an administrator – why are they beingpaid over $400,000 p/a?.”2. "There is an amount of over $3 million to look after Parks andRecreation along the river foreshore for two years. Is this not theresponsibility of the Swan River Trust?”4

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013It is understood that your questions relate to the recently advertised draftDevelopment Contribution Plan (DCP) report associated with the CentralMaddington Outline Development Plan. The following information isprovided to supplement the responses given at the Council meeting bythe City’s Acting Director Planning and Sustainability, Mr Luke Gibson.In response to your first question, the draft DCP report makes anallowance of $6,700,000 for administration of the developmentcontribution arrangement. This allowance is intended to meet the cost ofthe following management actions in operating the arrangement overwhat is likely to be a lengthy timeframe of at least 10 years:Administration by the City of $900,000. This figure represents 5% ofthe total capital cost of all required common infrastructure works(CIW). The total CIW capital cost (that is, all works costs excludingthe cost of land acquisition for new roads and arrangementadministration) amounts to approximately $18,000,000. Theallowance provides for the estimated cost to be incurred by the Cityin:- managing collection of contributions- managing landowner acquisition negotiations- managing claims for reimbursement on CIW and POS- managing contribution reserve accounts- annual review of contribution rates- financial reporting- providing customer informationConstruction management of roads and service infrastructure isexpected to cost $1,800,000. This figure represents 10% of the totalcapital cost of required CIW. This allowance provides for theestimated cost of:- obtaining all statutory approvals- works programming- contractor procurement processes- contractor performance- site supervision- public consultation and stakeholder liaison Legal advice/action at a total of $200,000 Surveying at a total of $100,000 Valuations at a total of $100,000 Civil design work estimated at $150,000.An Environmental Management Plan for Stokely Creek, at a cost$50,000. Allowance for a works design and costing contingency of $900,000.This figure represents 5% of the total capital cost of required CIW.5

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Allowance for interest charges, estimated at $2,500,000, on fundsborrowed by the City to prefund the provision of CIW and public openspace. The allowance has been calculated assuming an averageloan principle of $10,000,000 at an interest rate of 5% for 5 years.In response to your second question, the draft DCP report makes anallowance of $3,300,000 for the cost of developing 6.6ha of new publicopen space within the ODP area. This will provide for initial site works,installation of turf, plants and reticulation and the first two years ofparkland maintenance. This is consistent with State Governmentplanning policies relating to developer obligations in respect to theprovision of new public open space in development areas. It should benoted that this allowance is specifically for new parkland required by theODP for local public open space. None of this allowance is to be used todevelop or maintain regional parkland in the area, such as that which isreserved for Parks and Recreation purposes along the Canning Riverforeshore by the State Government under the Metropolitan RegionScheme.I trust these responses assist. Please contact me on 93973160 shouldyou require any additional information."6.1 QUESTION TIMEQuestion Time for the Public commenced at 7.32pm.Ms Glenis Tomic of 49 River Avenue, Maddington asked thefollowing questions:Q1ResponseWill the City of Gosnells be upgrading the schoolcrossings to include more signage in the 2013/14financial year?The Director Infrastructure advised that Main RoadsWestern Australia is responsible for the signs and linemarkings of school crossings. However, if there are anyparticular crossings you are referring to that require moresignage and line markings please contact the City and theCity can then notify Main Roads.Q2ResponseHow often are public parks mowed as many havegrass and weeds as high as approximately 60/70cmhigh?The Director Infrastructure stated that the City's publicparks are all on different mowing regimes, and they varydepending on the usage of the parks. However, if thereare particular parks you are referring to, if you contact theCity, the City will be able to assist further.6

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Mr Ian Tomic of 49 River Avenue, Maddington asked the followingquestions in relation to the Central Maddington DevelopmentContribution Plan:Q1It is almost two years since the Central MaddingtonOutline Development Plan was approved in December2011 and it has taken more than 10 years for the Cityof Gosnells to provide all necessary information tothe WAPC for the ODP Approval. Now theContribution Arrangement fee is being delayed andput back several months compared to the originaltime frame to have it finalised by October 2013 thisyear. This new time frame has come from a letterfrom Simon O'Sullivan (Manager City Growth).When I asked Ian Cowie why this is, today by phone,his answer to me was that it is a complicated matterand he was not going to instruct his staff to focus onthe Central Maddington Contribution Arrangementfee. This answer I find incomprehensible, that anycontribution fee should take so long, particularlyseeing it was 14 months after the ODP was firstapproved, that the draft for the Central MaddingtonContribution Arrangement fee was started by the Cityof Gosnells.In light of this my first question to Ian Cowie is; whatis he doing to increase progress for the area?ResponseThe Chief Executive Officer advised that the submissionperiod closed in the last few days and the City hasreceived numerous submissions which is a great outcomefor the City in terms of interest in the proposal. As sucheach of these submissions will be considered carefully,and it is expected that the staff will consider all comments.Furthermore, the City will also be considering whetherthere are alternative options which could lessen the costto the residents in the area who generally are not overlycomfortable with the amounts identified in the draftDevelopment Contribution Plan. This process will takesome time, but I will ensure that the process is donethoroughly.Q2Also the Central Maddington area has becomestagnated and is in rack and ruin because of the lackof progress by the City of Gosnells and there beingno money spent in the area.My second question, in light of this is; why is IanCowie not instructing his staff to make CentralMaddington Contribution Arrangement fee thehighest priority and to have a report submitted to theGosnells Council urgently and have the amendedcontribution free finalised by October 2013 asoriginally planned?7

City of GosnellsOrdinary Council Meeting Minutes 10 September 20137. CONFIRMATION OF MINUTESSTAFF RECOMMENDATION AND COUNCIL RESOLUTION380 Moved Cr J Brown Seconded Cr T BrownThat the Minutes of the Ordinary Council Meeting held on 27 August 2013, aspublished and distributed be confirmed as an accurate record.CARRIED 9/0FOR:AGAINST:Cr J Brown, Cr T Brown, Cr R Hoffman, Cr S Iwanyk, Cr K Jones, Cr R Lawrence, Cr R Mitchell,Cr O Searle and Cr D Griffiths.Nil.8. RECEIVING OF PETITIONS AND PRESENTATIONSPetitions and Presentations are made in accordance with the requirements outlined in the City ofGosnells Standing Orders Local Law 2012.Copies of petitions and any items tabled must be provided to the Chief Executive Officerimmediately following completion of the submission.Nil.9. APPLICATIONS FOR LEAVE OF ABSENCEClause 4.10 of the City of Gosnells Standing Orders Local Law 2012 states:“(1) A Member seeking the Council’s approval to take leave of absence shall give writtennotice to the CEO prior to the commencement of the meeting.(2) The notice referred to in subclause (1) shall include the period of leave of absencerequired and the reasons for seeking the leave”.Nil.10. QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN(without discussion)Nil.9

City of GosnellsOrdinary Council Meeting Minutes 10 September 201313.5.4 DEVELOPMENT APPLICATION - HOME STORE (REPTILE SALES) - 1D(LOT 26) WILLARING DRIVE, BECKENHAMAuthor:R BrockmanAuthor’s Declaration Nil.of Interest:Reference: 239241Application No: DA13/00191Applicant:Paul Skalecki and Annette MarshallOwner:Paul Skalecki and Annette MarshallLocation:1D (Lot 26) Willaring Drive, BeckenhamZoning: MRS: UrbanTPS No. 6: R17.5Review Rights: Yes. State Administrative Tribunal against any discretionarydecision of Council.Area: 2,000m 2Previous Ref: Nil.Appendix: 13.5.4A Site and Floor Plans13.5.4B Schedule of SubmissionsPURPOSE OF REPORTFor Council to consider an application for planning approval for a Home Store (ReptileSales) at 1D (Lot 26) Willaring Drive, Beckenham as the proposal is outside theauthority delegated to staff due to objections received during the consultation period.BACKGROUNDSite Description and Planning FrameworkThe subject site accommodates an existing single dwelling which is accessed by abattleaxe driveway. Surrounding land uses comprise predominantly low densityresidential development.The landowners currently keep non-venomous reptiles (turtles, snakes and frogs) onthe site, for hobby purposes, in accordance with their Department of Parks and Wildlife(DPaW) Keeper’s Licence.A map identifying the location of the subject site follows:11

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.4 ContinuedConsultationThe proposal was required to be advertised for public comment as a Home Store is an“A” use in the Residential zone. Nine submissions were received during the advertisingperiod, five objecting to the proposal, three raising no-objection and one whichprovided comment. A summary of these submissions and comments thereon areprovided in Appendix 13.5.4B.A map identifying the consultation area and the origin of each submission follows. Itshould be noted that two of the submitters requested that their details remainconfidential and therefore, their origin is not shown on the plan.PUBLIC Public CONSULTATIONConsultationLEGEND LegendINDICATIVED ICATIVE100m RADIUSREFERRAL ef erral area AREANNO o objection OBJECTIONCCOMommentMENTObjectionsOBJECTIONSThe main issues raised in the submissions are as follows:Safety concerns with regard to venomous animalsTraffic.Each is discussed in the following sections, along with any other applicable technicalmatters.13

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.4 ContinuedDISCUSSIONTown Planning Scheme No. 6Land Use DesignationThe subject site is zoned Residential R17.5 under TPS 6. In accordance with TPS 6, aHome Store is an "A" use in the Residential zone, meaning it is not permitted unlessthe local government has exercised its discretion by granting planning approval,following advertising.Car ParkingAn assessment of the proposal against the TPS 6 parking requirements for a HomeStore follows:TPS 6 Car ParkingUse ClassStandardsHome Store 1 space for every 15m 2NLA with a minimum of4 spaces/plus requirements underthe Residential DesignCodes for a single house.TPS 6 Car ParkingRequirementsThe Home Store has anarea of 4.8m 2 andtherefore four bays arerequired.The Residential DesignCodes requires two bays.The application thereforerequires the provision ofsix bays.Car Parking BaysProvidedThe application involvesthe provision of a total ofseven bays, being two inthe carport and fiveassociated with the HomeStore.As detailed above, the proposal complies with the car parking requirements of TPS 6.Safety ConcernsA number of the submissions raised concerns with the potential for animals to escapetheir enclosures. In this regard, the landowners currently hold a Keeper’s Licenceissued by the DPaW. This Licence includes provisions relating to the secure housingof animals.TrafficThe main concern raised by submitters related to the potential for increased traffic inthe local area. In this regard, the proposal involves up to two customers per day. Assuch, there would be up to four vehicle movements per day associated with the HomeStore. Such an increase is not excessive in terms of what could be reasonablyexpected in an established residential area, nor would it have any material impact onthe prevailing residential amenity of the locality.CONCLUSIONThe proposal is supported for the following reasons:14

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.4 ContinuedThe application is primarily for the processing of paperwork required for reptiletransactions required by the DPaW and is considered a low-scale operationThe proposed business is not expected to generate additional traffic that woulddetrimentally impact on the traffic and safety of the local areaThe development is not expected to detrimentally impact the amenity of thearea The keeping of reptiles is not, in itself a planning concern. The requiredhandling and keeping practices are regulated by a specialist agency and theapplicant will need to satisfy that organisation in relation to those issues.It is therefore recommended that the proposal be approved subject to appropriateconditions as listed in the staff recommendation.FINANCIAL IMPLICATIONSNil.STATUTORY IMPLICATIONS Town Planning Scheme No. 6 Local Planning Policy 4.1 - Public Consultation.VOTING REQUIREMENTSSimple Majority Required.STAFF RECOMMENDATION AND COUNCIL RESOLUTION382 Moved Cr J Brown Seconded Cr R LawrenceThat Council approve the application for a Home Store (Reptile Sales) at1D (Lot 26) Willaring Drive, Beckenham, dated 10 June 2013 subject to thefollowing conditions:1. The hours of operation are limited to between 8am and 6pm, Monday toSaturday.2. A minimum of four car bays be provided on site for client use.3. Only two customer visits per day shall be permitted on site, with thosevisits being by appointment only.CARRIED 7/2FOR:AGAINST:Cr J Brown, Cr T Brown, Cr R Hoffman, Cr S Iwanyk, Cr K Jones, Cr R Lawrence andCr D Griffiths.Cr R Mitchell and Cr O Searle.15

City of GosnellsOrdinary Council Meeting Minutes 10 September 201313.5.5 DEVELOPMENT APPLICATION - INCREASE RECREATION - PRIVATE(GYMNASIUM) PATRONAGE - TENANCY 1, 404 (LOT 1008) RANFORDROAD, CANNING VALEAuthor:R MunyardAuthor’s Declaration of Nil.Interest:Reference: 307871Application No:DA12/00283Applicant:Private Horizons Planning SolutionsOwner:Arvind Pty Ltd Aft Arvind Property TrustLocation:404 (Lot 1008) Ranford Road, Canning ValeZoning: MRS: UrbanTPS No. 6: Residential DevelopmentReview Rights: The application is currently being reviewed by the StateAdministrative Tribunal.Area: 2,714m 2Previous Ref: 14 May 2013 (Resolution 169)14 June 2011 (Resolution 235)Appendix: 13.5.5A Site, Floor and Elevation PlansPURPOSE OF REPORTFor Council to consider a modified application for planning approval for an increase tothe customer and staff occupancy for Tenancy 1, 404 (Lot 1008) Ranford Road,Canning Vale, as requested by the State Administrative Tribunal (SAT).BACKGROUNDSite HistoryIn February 2008, the City approved an application for a single showroom/warehousetenancy on (the then) Lot 278 Ranford Road in accordance with the associatedDetailed Area Plan (DAP) over the subject site. In November 2008, this approval wasamended to divide the singular tenancy into six separate showroom-only tenancies.In May 2009, Lot 1001 (former Lot 278) was subdivided into two separate lots(1008 and 1009) with three of the showroom-only tenancies on each of these lots.On 14 June 2011, Council resolved (Resolution 235) to approve a change of use forTenancy 1 from Showroom to Recreation-Private (gymnasium). This applicationinvolved the following:Open 24 hours a day, 7 days a weekStaffed only between 8:30am to 11:30am and 3:30pm to 7:30pmOnly one staff member is present during these times, with individual patronaccess outside these times using a swipe card systemBased on an existing business model for a 500m 2 gymnasium, the membershipis capped at 900 members with 40 members anticipated to use the premisesduring peak timesThe gymnasium consists of fitness/exercise machines only. There are no groupexercise classes, child minding facilities, swimming pools, steam rooms, saunasor large change rooms.16

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.5 ContinuedThe main issue with the original application was that the gymnasium was expected toaccommodate up to 40 clients during its peak period with there only being 30 baysprovided on the subject site. To minimise any potential detrimental impacts on theamenity of the surrounding area, Council imposed a condition limiting the total numberof patrons (including staff) to a maximum of 30 at any one time. That approval involveda 36 bay variation to the TPS 6 requirements, in recognition of the atypical nature ofthe gymnasium due to its relatively small scale of operation, its peak periods of usageoutside normal shopping hours and its lack of group exercise activities.In March 2012, the City received a complaint in regards to the approved gymnasiumaccepting more than 30 patrons at any one time, which was linked to an observationthat attendees of the gymnasium were parking on the adjoining site. In response, theCity instigated compliance action which confirmed that the gymnasium was exceedingthe allowable patron numbers, with up to 55 patrons being observed at any one time.On 14 May 2013, Council resolved (Resolution 169) to refuse an application forplanning approval for an increase to the customer and staff occupancy on the basisthat the proposed increase of patronage during the gymnasium's peak operating hoursconflicted, to a degree, with the adjoining commercial tenancies and would result in thenumber of carparking bays on the subject site being inadequate.An application to review Council's decision was subsequently lodged with the SAT.Initially, the applicant sought to review Council's refusal to increase the maximumoccupancy from 30 to 50.As part of the review process, the applicant has modified their proposal, with the SATdirecting the Council to reconsider its previous decision.Site Description and Planning FrameworkThe subject site is located approximately 200m from the intersection of Ranford andNicholson Roads. It is zoned Residential Development under TPS 6 and is designatedMixed Business under the West Canning Vale Outline Development Plan (ODP).The existing development consists of three showroom tenancies within a singlebuilding. Tenancy 1 is 517m 2 in area.A map identifying the location of the subject site follows:17

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.5 ContinuedOriginal ProposalThe original proposal sought an increase in the maximum capacity (including staff)from 30 to 50 during the proposed operating hours (that is, on a 24 hours a day, 7 daysa week basis).Invitation to Council to Reconsider its DecisionThe SAT has invited Council to reconsider the proposal in the context of the amendedapplication and justification put forward by the applicant. The options are as follows:Affirm the previous decisionVary the previous decisionSet aside the previous decision and substitute a new decision.Amended ProposalThe modified application involves the following:A maximum of 30 persons (including staff) at any one time, between the hoursof 8am and 5 pm (as per Council's 14 June 2011 approval); andA maximum of 50 persons (including staff) between the hours of 5pm and 8amthe following day.The subject application is consistent with the original application in all other respects.18

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.5 ContinuedConsultationAlthough not required, the City nevertheless advertised the amended proposal to theimmediate surrounding neighbours. Two submissions were received during theadvertising period, each objecting to the proposal. A summary of these submissionsand comments thereon are tabled below.1.Affected Property:410 (Lot 1009) Ranford RoadCanning ValeObjection to proposal.Summary of Submission1.1 We are experiencing huge parkingproblems with the gymnasium occupyingmost of our parking bays. This is affectingour tenants. We definitely do not wantadditional patronage at the gymnasiumtenancy.1.2 The majority of our tenant's clients areparking on the vacant lot adjoining ourpremises. When this lot is developedthere will be further parking problems.1.3 Patronage at the gymnasium is alreadyexceeding the approved 30 patrons(including staff) and we will not support thisproposal to increase patronage to 50. Thegymnasium operates 24 hours, seven daysper week and the additional members willnot be restricted to the hours of 5:00pm to8:00am as there are no restrictions onmembers as to when they use the gym(the swipe card system currently used bypatrons allows access at any time).Postal Address:43 The CornicheHILLARYS WA 6025CommentSee Car Parking section of Report.This is not relevant to the subject proposal. This isa matter of potential trespassing between privateland owners.In the event of Council approval, a condition couldbe imposed restricting the number of patrons(including staff) between the hours of 5:00pm and8:00am to a maximum of 50 at any one time.Any potential breach of planning conditions can beinvestigated by the City's Compliance Unit.2.Affected Property:3 (Lot 1005) Glenariff BoulevardCanning ValeObjection to proposal.Summary of Submission2.1 We are concerned with the parkingavailable for the increased number ofpatrons, unless the gymnasium tenancy isable to provide the necessary parking lotsor come to terms with other commonparking areas.2.2 This will also lead to an increased trafficflow which may lead to an unnecessarytraffic and noise build up around the area.Postal Address:2 Cessna DriveJANDAKOT WA 6164CommentSee Car Parking section of Report.See Traffic and Noise sections of Report.A map identifying the consultation area and the origin of each submission follows:19

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.5 ContinuedPUBLIC Public CONSULTATIONConsultationLEGEND LegendReferral REFERRAL areaAREANo NO objection OBJECTIONComment COMMENTNICHOLSON RDObjections OBJECTIONSRANFORD RD100810091005The main issue raised in the submissions relates to the general lack of availablecarparking bays when each tenancy is open for business and the resulting increase intraffic and noise which would result from any increase in permissible patron numbers.Each is discussed in the following sections, along with any other applicable technicalmatters.DISCUSSIONTown Planning Scheme No. 6Land Use PermissibilityThe subject site is zoned Residential Development under TPS 6 and designated MixedBusiness under the West Canning Vale Outline Development Plan. In accordance withTPS 6, Recreation-Private is a "D" use in the Mixed Business zone, meaning it is notpermitted unless the local government has exercised its discretion by granting planningapproval.Car ParkingThe proposal complies with all aspects of TPS 6 with the exception of carparkingrequirements. The following table details the TPS 6 parking requirements and theparking available to Tenancy 1.20

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.5 ContinuedUse ClassTPS 6 Car ParkingStandardsRecreation - PrivateGym/Health 1 space for every 10m 2Studio net floor area.StaffTotal1 space for every staffmember present duringpeak operation.TPS 6 Car ParkingRequirementsThe net floor area ofTenancy 1 (excluding toilets,showers, access corridorand health assessmentroom) is 445m 2 . Therefore45 bays are required.Only one staff member ispresent during peakoperation therefore one bayis required.A total of 46 bays arerequired by TPS 6.Car Parking BaysProvidedA total of 10 bays havebeen provided on site forthe exclusive use ofTenancy 1, however thereis a total of 30 baysavailable on Lot 1008.The parking allocated to Tenancy 1 is 36 bays short of the number of bays requiredunder TPS 6.The modified application seeks approval to increase the patron numbers (includingstaff) from 30 to 50, between the hours of 5pm and 8am the following day. In supportof the subject application, the applicant has provided a breakdown of the transportmode of the gymnasium patrons, as follows.Mode of TransportPercentage of PatronsPrivate Vehicle 59%Bicycle 17%Walk 15%Public Transport/Other 9%A Traffic Report was submitted in support of the subject application which suggeststhat the average vehicle occupancy for patrons using the gymnasium is approximately1.1 persons. According to the percentages provided in the above table, the attendanceof 50 patrons (including staff) would result in the use of 30 car parking bays. Thereport contends that there is adequate availability of on-site car parking toaccommodate the proposed increase of patronage.In determining the current application, Council is obliged (under clause 5.13.3 ofTPS 6) to consider how any car parking variation would impact on safety, convenienceand amenity in the local area. In this regard, the subject site contains three tenancies,consisting of a gymnasium (the subject of this application), a real estate agency and afurniture showroom. The adjoining Lot 1009 contains a children's play gymnasium(occupying two of the on-site tenancies) and a bathroom showroom.With the exception of the children's play gymnasium (which operates Tuesday toSunday, between the hours of 9:30am and 5:30pm, except for Tuesday andWednesday when it closes at 3:30pm) all the other tenancies operate within standardbusiness hours (with reduced hours on Sunday for the bathroom showroom).21

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.5 ContinuedBy comparison, the gymnasium operates 24 hours a day, seven days a week, with itspeak periods being between the hours of 4pm and 9pm. As a result of the SAT reviewprocess, the applicant has requested that from 5pm until 8am the following day, themaximum permissible patrons (including staff) be increased from 30 to 50. Outside ofthese hours, the maximum patron numbers would remain at 30, as per Council's 14June 2011 approval.In accordance with clause 5.13.4 of TPS 6, where there are two separate and differentdevelopments with different hours of peak operation, but being located on the same lotor adjoining lots, the Council may permit a reduction of the required number of carparking bays on either or both lots, provided it is satisfied there would be no resultantlowering of safety, convenience and amenity standards and there is agreement to thereciprocal use of some or all car parking bays.In this regard it is noted that the peak operating hours of the subject gymnasium arelargely outside of normal business hours. An analysis of operating hours for each ofthe tenancies at Lot 1008 and the adjoining Lot 1009 reveal the other tenancies ceaseoperating by 5pm, which the exception of the children's play gymnasium, whichoperates until 5:30pm from Thursday to Sunday. In this regard, the applicant hasobtained written consent from the operator of the children's play gymnasium, separateto the City's consultation procedure, indicating consent for the sharing of car bays andconfirming that customers of the play gymnasium leave the premises by 5pm.It is therefore considered that there is adequate parking on the subject site and theadjoining Lot 1008 to accommodate the increase in patron numbers between 5pm and8am the following day, in accordance with clause 5.13.4 of TPS 6.TrafficDuring the advertising period, one of the submissions raised concerns about resultantincreases in traffic and the impact this would have on the surrounding area. In thisregard, it is considered that any difference in traffic volumes between the currentapproval for a maximum of 30 patrons, in comparison to the proposed increase to 50patrons between 5pm and 8am will be minimal and within the road network's designcapacity. In addition, it is noted that this increase is largely during times when thesurrounding businesses are closed which is considered to somewhat offset and trafficvolume increases.Under the Council's adopted Road Network Hierarchy, Ranford Road is designated asa District Distributor A road, which is able to accommodate over 8,000 vehicles perday. Any additional traffic the proposal will generate is not anticipated to impactnegatively upon the surrounding roads' functionality. Therefore, the proposal isconsidered acceptable from a traffic and access perspective.NoiseConcern was raised during the consultation period that the proposal would createadditional noise within the locality from additional traffic.As mentioned in the above Traffic section of this report, by virtue of the developmentproposal not significantly increasing traffic within the locality, it is expected that therewill be a minimal increase in traffic noise.22

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.5 ContinuedIn any event, the subject site fronts Ranford Road (a Regional Road under theMetropolitan Region Scheme) and therefore, noise from the resultant traffic must bereasonably expected.CONCLUSIONThe proposal is supported on the basis that the subject site and the adjoining Lot 1008are able to accommodate the increase in patron numbers (including staff) between thehours of 5pm and 8am the following day without significantly increasing the amount oftraffic or noise within the immediate locality.It is therefore recommended that Council revokes its 14 May 2013 refusal and approvethe amended proposal subject to appropriate conditions as listed in the staffrecommendation.FINANCIAL IMPLICATIONSNil.STATUTORY IMPLICATIONS Town Planning Scheme No. 6 West Canning Vale Outline Development Plan State Administrative Tribunal Act 2004 Local Government (Administration) Regulations 1996.VOTING REQUIREMENTSStaff Recommendation 1 for Revocation of Resolution: Absolute Majorityrequired (requires the support of one third (4) of the Offices of Members ofCouncil for the matter to be considered) Simple Majority required for Staff Recommendation 2.STAFF RECOMMENDATION (1 OF 2)Moved Cr R Mitchell Seconded Cr R Lawrence, Cr D Griffiths, Cr O SearleThat Council, pursuant to Regulation 10 of the Local Government(Administration) Regulations 1996, revoke its decision made at its meeting heldon 14 May 2013 to refuse the development application relating to Tenancy 1,404 (Lot 1008) Ranford Road, Canning Vale.23

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.5 ContinuedForeshadowed MotionDuring debate Cr R Hoffman foreshadowed that he would move the following motion, ifthe motion under debate was defeated:“That Council advises the State Administrative Tribunal that it is unwilling tosupport the revised proposal (dated 24 July 2013) for tenancy 1, 404 RanfordRoad, Canning Vale, for the reason that the proposal depends upon reciprocalparking being allowed on the adjoining land, being Lot 1009 (410) RanfordRoad, Canning Vale, and the owner of that land does not give consent forparking overflow to be accommodated on Lot 1009."providing the following written reason:“Council is able to approve reciprocal parking provision for abuttingdevelopments under Clause 5.13.4 of the Planning Scheme providing that thereis agreement to the proposal. In this case, although an occupier of theadjoining land has provided support for the proposal, the land owner does notagree to allow parking from another development to occur on his land. It isrecommended that the Council does not support the reciprocal parkingarrangement."At the conclusion of debate the Mayor put staff recommendation (1 of 2), which read:STAFF RECOMMENDATION (1 OF 2)LOSTMoved Cr R Mitchell Seconded Cr R Lawrence, Cr D Griffiths, Cr O SearleThat Council, pursuant to Regulation 10 of the Local Government(Administration) Regulations 1996, revoke its decision made at its meeting heldon 14 May 2013 to refuse the development application relating to Tenancy 1,404 (Lot 1008) Ranford Road, Canning Vale.LOST 3/6FOR:AGAINST:Cr T Brown, Cr O Searle and Cr D Griffiths.Cr J Brown, Cr R Hoffman, Cr S Iwanyk, Cr K Jones, Cr R Lawrence and Cr R Mitchell.STAFF RECOMMENDATION (2 OF 2)That Council approve the amended application dated 24 July 2013, for Tenancy1, 404 (Lot 1008) Ranford Road, Canning Vale, subject to the followingconditions:1. Group exercise activities are not permitted as part of this approval.2. The use of the gymnasium is limited to a maximum of 30 people(including staff) between the hours of 8am and 5pm.3. The use of the gymnasium is limited to a maximum of 50 people(including staff) between the hours of 5pm and 8am the following day.24

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.5 Continued4. A Patronage Management Plan is to be prepared within 28 days of thedate of this approval, and thereafter implemented, to the City'ssatisfaction. That Management Plan is to detail the specific manner bywhich patronage numbers will be restricted as required by Conditions 2and 3.LAPSED THROUGH WANT OF A MOVERNotationStaff recommendation (2 of 2) lapsed through want of a mover.The Mayor invited Cr R Hoffman to put his foreshadowed motion, whichCr K Jones seconded.COUNCIL RESOLUTION383 Moved Cr R Hoffman Seconded Cr K JonesThat Council advises the State Administrative Tribunal that it is unwilling tosupport the revised proposal (dated 24 July 2013) for tenancy 1, 404 RanfordRoad, Canning Vale, for the reason that the proposal depends upon reciprocalparking being allowed on the adjoining land, being Lot 1009 (410) RanfordRoad, Canning Vale, and the owner of that land does not give consent forparking overflow to be accommodated on Lot 1009.CARRIED 8/1FOR:AGAINST:Cr J Brown, Cr R Hoffman, Cr S Iwanyk, Cr K Jones, Cr R Lawrence, Cr R Mitchell, Cr O Searleand Cr D Griffiths.Cr T Brown.12. REPORTS OF COMMITTEE MEETINGSNil.25

City of GosnellsOrdinary Council Meeting Minutes 10 September 201313.1 CHIEF EXECUTIVE OFFICENil.13.2 COMMUNITY ENGAGEMENTNil.13.3.1 BUDGET VARIATIONSAuthor:Author’s Declarationof Interest:Previous Ref:Appendix:PURPOSE OF REPORT13. REPORTS13.3 CORPORATE SERVICESR BouwerNil.Nil.Nil.To seek approval from Council to adjust the 2013/14 Municipal Budget.BACKGROUNDNil.DISCUSSIONIn accordance with Section 6.8 of the Local Government Act 1995 a local governmentis not to incur expenditure from its municipal fund for an additional purpose exceptwhere the expenditure:Is incurred in a financial year before the adoption of the annual budget by thelocal governmentIs authorised in advance by Council resolutionIs authorised in advance by the Mayor or President in an emergency.Approval is therefore sought for the following budget adjustments for the reasonsspecified.FINANCIAL IMPLICATIONSAccount Number Type Account DescriptionJL14-80222-3800-499JL14-80222-1353-498IncreaseExpenditureIncreaseIncomeNicholson Rd Duplication -Ranford Rd to Clontarf Tce -Capital PurchaseNicholson Rd Duplication -Ranford Rd to Clontarf Tce -Grants - Roads to RecoveryProgramDebit$1,227,207Credit$677,20726

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.3.1 ContinuedAccount Number Type Account DescriptionJL90-90517-3011-000JL90-90517-3030-000JL90-90517-3031-000JL90-90517-3032-000JL90-90517-3034-000JL90-90517-3038-000JL90-90517-3104-000JL90-90517-3210-000JL90-90517-3220-000JL90-90517-3278-000JL90-90517-3295-000JL90-90517-3375-000JL90-90517-3504-000JL90-90517-4210-000JL90-90517-4220-000JL90-90506-1301-000JL90-90506-1403-000JL90-90506-3000-000JL90-90506-3011-000JL90-90506-3020-000JL90-90506-3021-000JL90-90506-3030-000JL90-90506-3031-000JL90-90506-3032-000JL90-90506-3034-000IncreaseExpenditureIncreaseExpenditureIncreaseExpenditureIncreaseExpenditureIncreaseExpenditureIncreaseExpenditureIncreaseExpenditureIncreaseExpenditureIncreaseExpenditureIncreaseExpenditureIncreaseExpenditureIncreaseExpenditureIncreaseExpenditureIncreaseExpenditureIncreaseExpenditureDecreaseIncomeDecreaseIncomeDecreaseExpenditureDecreaseExpenditureDecreaseExpenditureDecreaseExpenditureDecreaseExpenditureDecreaseExpenditureDecreaseExpenditureDecreaseExpenditureCommunity IndependenceProgram - AllowancesCommunity IndependenceProgram - SuperannuationCommunity IndependenceProgram - WorkersCompensationCommunity IndependenceProgram - Staff RecruitmentCommunity IndependenceProgram - Staff Training /ConferencesCommunity IndependenceProgram - Travel - OtherCommunity IndependenceProgram - StationeryCommunity IndependenceProgram - Advertising &PromotionsCommunity IndependenceProgram - ReceptionsExternal ProviderCommunity IndependenceProgram - Program ActivitiesCommunity IndependenceProgram - Sundry ExpensesCommunity IndependenceProgram - Venue HireCommunity IndependenceProgram - Telephones -MobileCommunity IndependenceProgram - Plant OperatingCostsCommunity IndependenceProgram - Plant DepreciationTake-a-Break Admin -Government GrantTake-a-Break Admin -ContributionsTake-a-Break Admin -Salaries & WagesTake-a-Break Admin -AllowancesTake-a-Break Admin - Leave- LSLTake-a-Break Admin - Leave- AnnualTake-a-Break Admin -SuperannuationTake-a-Break Admin -Workers CompensationTake-a-Break Admin - StaffRecruitmentTake-a-Break Admin - StaffTrainingDebit$1009,7112,4112,5001,5005006002,3008002,5001,0001,0001,5007,4529,85594,0002,100Credit$71,2826612,2357,19210,9961,9403,0002,82028

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.3.1 ContinuedDebit CreditAccount Number Type Account Description$ $JL90-90506-3039-000 Decrease Take-a-Break Admin - FBT4,000Expenditure ExpensesJL90-90506-3104-000 Decrease Take-a-Break Admin -600Expenditure StationeryJL90-90506-3211-000 Decrease Take-a-Break Admin - Audit -1,000Expenditure FinancialJL90-90506-3384-000 Decrease Take-a-Break Admin - Carry2,000Expenditure forward ExpenditureJL90-90506-3503-000 Decrease Take-a-Break Admin -60Expenditure Telephone - GeneralJL90-90506-3504-000 Decrease Take-a-Break Admin -1,280Expenditure Telephones - MobileJL90-90506-4210-000 Decrease Take-a-Break Admin - Plant5,033Expenditure Operating CostsJL90-90506-4220-000 Decrease Take-a-Break Admin - Plant2,415Expenditure DepreciationJL90-90508-1301-000 Decrease Take-a-Break Holiday123,000Income Program - Government GrantJL90-90508-1551-000 Decrease Take-a-Break Holiday10,000Income Program - Activity IncomeJL90-90508-3001-000 Decrease Take-a-Break Holiday77,266Expenditure Program - Salaries & WagesJL90-90508-3011-000 Decrease Take-a-Break Holiday26Expenditure Program - AllowancesJL90-90508-3030-000 Decrease Take-a-Break Holiday7,147Expenditure Program - SuperannuationJL90-90508-3031-000 Decrease Take-a-Break Holiday1,773Expenditure Program - WorkersCompensationJL90-90508-3038-000 Decrease Take-a-Break Holiday50Expenditure Program - Travel - OtherJL90-90508-3218-000 Decrease Take-a-Break Holiday4,000Expenditure Program - Hire EquipmentJL90-90508-3220-000 Decrease Take-a-Break Holiday3,600Expenditure Program - ReceptionsExternal ProviderJL90-90508-3278-000 Decrease Take-a-Break Holiday8,400Expenditure Program - Program ActivityJL90-90508-3295-000 Decrease Take-a-Break Holiday1,000Expenditure Program - Sundry ExpensesJL90-90508-3375-000 Decrease Take-a-Break Holiday18,000Expenditure Program - Venue HireJL90-90508-4210-000 Decrease Take-a-Break Holiday7,452Expenditure Program - Plant OperatingCostsJL90-90508-4220-000 Decrease Take-a-Break Holiday9,855Expenditure Program - Plant DepreciationJL90-90516-1301-000 Increase Admin - Community94,000Income Independence Program -Government GrantJL90-90516-1403-000 Increase Admin - Community2,100Income Independence Program -Contributions FuelJL90-90517-1301-000 Increase Community Independence123,000Income Program - Government GrantJL90-90517-1551-000 Increase Community Independence 80029

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.3.1 ContinuedAccount Number Type Account DescriptionDebit$Credit$Income Program - Activity IncomeREASON:The Department of Health has refocused the HACC funding to promote programs withoutcomes around wellness and no longer funds the Take-a-Break Program. The CommunityIndependence Program has been developed in consultation with the Department of Health andmeets the HACC funding guidelines providing continued services and programs for people withdisability within the City. There is no cost to the City as a result of this change.JL12-10250-3800-225JL12-10250-1367-220JL12-10250-1479-220JL12-10250-2419-000IncreaseExpenditureIncreaseIncomeIncreaseIncomeIncreaseIncomeThornlie Football Club FloodLights - Capital PurchaseThornlie Football Club FloodLights - CSRFF - GrantThornlie Football Club -Capital Contribution ClubThornlie Football Club FloodLights - Transfer fromReserve - Recreation andCulture Reserve148,914REASON:Successful securing of State Grant as per Ordinary Council Meeting of 28 August 2012,Resolution 406.STATUTORY IMPLICATIONSSection 6.8 of the Local Government Act 1995.VOTING REQUIREMENTSAbsolute Majority required.STAFF RECOMMENDATION AND COUNCIL RESOLUTION384 Moved Cr R Hoffman Seconded Cr R Lawrence49,63849,63849,638That Council approve the following adjustments to the 2013/14 MunicipalBudget:Account NumberAccount DescriptionJL14-80222-3800-499 Nicholson Rd Duplication -Ranford Rd to Clontarf Tce -Capital PurchaseJL14-80222-1353-498 Nicholson Rd Duplication -Ranford Rd to Clontarf Tce -Grants - Roads to RecoveryProgramJL14-80222-1472-498 Nicholson Rd Duplication -Ranford Rd to Clontarf Tce -Capital contribution - Other LocalGovernmentJL90-90516-3000-000 Admin - CommunityIndependence Program Admin -Salaries & WagesJL90-90516-3011-000 Admin - CommunityIndependence Program -AllowancesDebit$1,227,20771,282661Credit$677,207550,00030

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.3.1 ContinuedAccount Number Account DescriptionDebit$JL90-90516-3020-000 Admin - Community2,235Independence Program - Leave -LSLJL90-90516-3021-000 Admin - Community7,192Independence Program - Leave -AnnualJL90-90516-3030-000 Admin - Community10,996Independence Program -SuperannuationJL90-90516-3031-000 Admin - Community1,940Independence Program - WorkersCompensationJL90-90516-3032-000 Admin - Community2,500Independence Program - StaffRecruitmentJL90-90516-3034-000 Admin - Community2,820Independence Program - StaffTrainingJL90-90516-3039-000 Admin - Community4,000Independence Program - FBTExpensesJL90-90516-3104-000 Admin - Community600Independence Program -StationeryJL90-90516-3211-000 Admin - Community1,000Independence Program - Audit -FinancialJL90-90516-3384-000 Admin - Community2,000Independence Program - Carryforward ExpenditureJL90-90516-3503-000 Admin - Community60Independence Program -Telephone - GeneralJL90-90516-3504-000 Admin - Community1,280Independence Program -Telephones - MobileJL90-90516-4210-000 Admin - Community5,033Independence Program - PlantOperating CostsJL90-90516-4220-000 Admin - Community2,415Independence Program - PlantDepreciationJL90-90517-3001-000 Community Independence86,140Program - Salaries & WagesJL90-90517-3011-000 Community Independence100Program - AllowancesJL90-90517-3030-000 Community Independence9,711Program - SuperannuationJL90-90517-3031-000 Community Independence2,411Program - Workers CompensationJL90-90517-3032-000 Community Independence2,500Program - Staff RecruitmentJL90-90517-3034-000 Community Independence1,500Program - Staff Training /ConferencesJL90-90517-3038-000 Community Independence 500Credit$31

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.3.1 ContinuedAccount NumberAccount DescriptionDebit$Credit$Program - Travel - OtherJL90-90517-3104-000 Community Independence600Program - StationeryJL90-90517-3210-000 Community Independence2,300Program - Advertising &PromotionsJL90-90517-3220-000 Community Independence800Program - Receptions ExternalProviderJL90-90517-3278-000 Community Independence2,500Program - Program ActivitiesJL90-90517-3295-000 Community Independence1,000Program - Sundry ExpensesJL90-90517-3375-000 Community Independence1,000Program - Venue HireJL90-90517-3504-000 Community Independence1,500Program - Telephones - MobileJL90-90517-4210-000 Community Independence7,452Program - Plant Operating CostsJL90-90517-4220-000 Community Independence9,855Program - Plant DepreciationJL90-90506-1301-000 Take-a-Break Admin -94,000Government GrantJL90-90506-1403-000 Take-a-Break Admin -2,100ContributionsJL90-90506-3000-000 Take-a-Break Admin - Salaries &71,282WagesJL90-90506-3011-000 Take-a-Break Admin - Allowances 661JL90-90506-3020-000 Take-a-Break Admin - Leave -2,235LSLJL90-90506-3021-000 Take-a-Break Admin - Leave -7,192AnnualJL90-90506-3030-000 Take-a-Break Admin -10,996SuperannuationJL90-90506-3031-000 Take-a-Break Admin - Workers1,940CompensationJL90-90506-3032-000 Take-a-Break Admin - Staff3,000RecruitmentJL90-90506-3034-000 Take-a-Break Admin - Staff2,820TrainingJL90-90506-3039-000 Take-a-Break Admin - FBT4,000ExpensesJL90-90506-3104-000 Take-a-Break Admin - Stationery 600JL90-90506-3211-000 Take-a-Break Admin - Audit -1,000FinancialJL90-90506-3384-000 Take-a-Break Admin - Carry2,000forward ExpenditureJL90-90506-3503-000 Take-a-Break Admin - Telephone60- GeneralJL90-90506-3504-000 Take-a-Break Admin -1,280Telephones - MobileJL90-90506-4210-000 Take-a-Break Admin - Plant5,033Operating CostsJL90-90506-4220-000 Take-a-Break Admin - Plant2,415DepreciationJL90-90508-1301-000 Take-a-Break Holiday Program - 123,00032

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.3.1 ContinuedAccount NumberAccount DescriptionGovernment GrantJL90-90508-1551-000 Take-a-Break Holiday Program -Activity IncomeJL90-90508-3001-000 Take-a-Break Holiday Program -Salaries & WagesJL90-90508-3011-000 Take-a-Break Holiday Program -AllowancesJL90-90508-3030-000 Take-a-Break Holiday Program -SuperannuationJL90-90508-3031-000 Take-a-Break Holiday Program -Workers CompensationJL90-90508-3038-000 Take-a-Break Holiday Program -Travel - OtherJL90-90508-3218-000 Take-a-Break Holiday Program -Hire EquipmentJL90-90508-3220-000 Take-a-Break Holiday Program -Receptions External ProviderJL90-90508-3278-000 Take-a-Break Holiday Program -Program ActivityJL90-90508-3295-000 Take-a-Break Holiday Program -Sundry ExpensesJL90-90508-3375-000 Take-a-Break Holiday Program -Venue HireJL90-90508-4210-000 Take-a-Break Holiday Program -Plant Operating CostsJL90-90508-4220-000 Take-a-Break Holiday Program -Plant DepreciationJL90-90516-1301-000 Admin - CommunityIndependence Program -Government GrantJL90-90516-1403-000 Admin - CommunityIndependence Program -Contributions FuelJL90-90517-1301-000 Community IndependenceProgram - Government GrantJL90-90517-1551-000 Community IndependenceProgram - Activity IncomeJL12-10250-3800-225 Thornlie Football Club FloodLights - Capital PurchaseJL12-10250-1367-220 Thornlie Football Club FloodLights - CSRFF - GrantJL12-10250-1479-220 Thornlie Football Club - CapitalContribution ClubJL12-10250-2419-000 Thornlie Football Club FloodLights - Transfer from Reserve -Recreation and Culture ReserveFOR:AGAINST:Debit$10,000148,914Credit$77,266267,1471,773504,0003,6008,4001,00018,0007,4529,85594,0002,100123,00080049,63849,63849,638CARRIED BY ABSOLUTE MAJORITY 9/0Cr J Brown, Cr T Brown, Cr R Hoffman, Cr S Iwanyk, Cr K Jones, Cr R Lawrence, Cr R Mitchell,Cr O Searle and Cr D Griffiths.Nil.33

City of GosnellsOrdinary Council Meeting Minutes 10 September 201313.4 INFRASTRUCTUREThe Mayor advised the meeting that Cr J Brown had disclosed a Direct FinancialInterest in the following item in accordance with Section 5.65 of the Local GovernmentAct 1995.8.04pm - Cr J Brown left the meeting.13.4.1 TENDER 11/2013 - MINOR BUILDING WORKSAuthor:Author’s Declarationof Interest:Previous Ref:Appendix:PURPOSE OF REPORTR EdomNil.Nil.Nil.To advise Council of submissions received in relation to Tender 11/2013 Minor BuildingWorks and recommend the most advantageous tender for the purpose of awarding acontract.BACKGROUNDTenders were advertised in The West Australian newspaper on Thursday 1 August2013 and closed at 2pm on 16 August 2013 to select a panel of contractors to provideminor building works by registered builders, general metal fabricators, security screensuppliers and floor covering suppliers for a period of three years commencing1 December 2013 until 30 November 2016.Submissions were received from the following companies:Company NameAddressCPD Group Pty Ltd 113 Kew Street, Welshpool WA 6106MCL Commercial Services 19 Langar Way, Landsdale WA 6065Plan Construction Pty Ltd 14 Amstel Corner, Madeley WA 6065Programmed FacilityManagement18 Miles Road, Kewdale WA 6105The work is currently undertaken by Robinson Buildtech, CPD Group and PlanConstruction. The cost of services provided by this panel in 2012/13 wasapproximately $700,000.DISCUSSIONTender submissions have been assessed by the Evaluation Panel against theevaluation criteria defined within the tender specification: Relevant Experience,Capacity to Deliver the Services, Service Delivery Plans indicating Methodology andthe major criteria - price.The following table details the assessment of each tender against the qualitativeevaluation criteria as determined by the Panel.34

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.4.1 ContinuedTendererRelevantExperienceKeyPersonnelDemonstratedUnderstandingTotalQualitativeScoreWeighting 20% 10% 10% 40%CPD Group Pty Ltd 16 6 8 30MCL CommercialServicesPlan Construction PtyLtdProgrammed FacilityManagement12 6 6 2416 8 8 3216 6 8 30The submissions received were generally professional, satisfied the City'sOccupational Health and Safety requirements, addressed the qualitative criteria anddemonstrated the ability to provide the City with the required services.The prices submitted are shown below:TendererItemTradespersonApprentice/TradesAssistantPercentage markupon materialssupplied.UnitPerHourPerHourCPDGroupMCLCommercialPlanConstructionProgrammedGroup$77 $62 $60 $79.80$40 $45 $35 $58.60% 10% 10% Up to $300 –flat fee $50From $301 to$1,000 –17.5%10%Over $1,001 –15%The total costs of providing the services for the period of the contract for each tenderare difficult to determine as a large proportion of work completed by this panel isreactive maintenance on buildings and cannot be easily estimated.The price table details the assessment of each tender based on the labour ratesubmitted. Only the hourly rates have been assessed against the price as it is difficultto compare prices including the materials mark-up as each job is different and as aresult different amounts of materials will be used.TendererPriceWeighting 60%CPD Group Pty Ltd 47MCL Commercial Services 58Plan Construction Pty Ltd 60Programmed Facility Management 4535

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.4.1 ContinuedThe following table details the combined assessment of each tender against bothqualitative criteria and price and ranks each tender.TendererQualitativePrice Total OverallCriteriaRanking40% 60% 100%CPD Group Pty Ltd 30 47 77 3MCL CommercialServices24 58 82 2Plan Construction PtyLtd32 60 92 1Programmed FacilityManagement30 45 75 4There are a number of operational advantages in recommending that all fourcompanies be appointed to a panel of contractors, such as the volume and variation ofmaintenance activity. This will ensure that a sufficient number of contractors areavailable to enable the City to manage its maintenance obligations in an efficient andcost effective manner.In circumstances where there is a break in or an emergency the most suitablecontractor will be engaged to undertake repair works. All other appointments will bebased on the cheapest quote.Referees were contacted for the preferred tenders and all referees have provided asatisfactory reference. Following the assessment of the criteria, CPD Group, MCLCommercial Services, Plan Construction Pty Ltd and Programmed FacilityManagement were assessed as being suitable for appointment on a panel ofcontractors.FINANCIAL IMPLICATIONSThe services associated with this contract are included in the 2013/14 budget and willbe included in the relevant budgets for the life of the contract.STATUTORY IMPLICATIONSSection 3.57 (1) of the Local Government Act 1995 requires a local government toinvite tenders before it enters a contract of a prescribed kind under which anotherperson is to supply the goods or services.VOTING REQUIREMENTSSimple Majority required.36

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.4.1 ContinuedSTAFF RECOMMENDATION AND COUNCIL RESOLUTION385 Moved Cr O Searle Seconded Cr K JonesThat Council award Tender 11/2013 - Minor Building Works to the followingpanel of contractors for a three-year period from 1 December 2013 inaccordance with the rates tendered, subject to yearly rise and fall provisions:1. CPD Group Pty Ltd of 113 Kew Street, Welshpool WA 6106.2. MCL Commercial Services of 19 Langar Way, Landsdale WA 6065.3. Plan Construction Pty Ltd of 14 Amstel Corner, Madeley WA 6065.4. Programmed Facility Management of 18 Miles Road, Kewdale WA 6105.CARRIED 8/0FOR:AGAINST:Cr T Brown, Cr R Hoffman, Cr S Iwanyk, Cr K Jones, Cr R Lawrence, Cr R Mitchell, Cr O Searleand Cr D Griffiths.Nil.Notation8.05pm - Cr J Brown returned to the meeting.Upon Cr J Brown's return to the meeting, the Mayor advised that Council hadendorsed the staff recommendation as contained in the agenda.37

City of GosnellsOrdinary Council Meeting Minutes 10 September 201313.4.2 TENDER 31/2013 - SHADE SAILSAuthor:Author’s Declarationof Interest:Previous Ref:Appendix:PURPOSE OF REPORTP MadeleyNil.Nil.NilTo advise Council of submissions received in relation to Tender 31/2013 - Supply andInstallation of Shade Structures and recommend the most advantageous tender for thepurpose of awarding a contract.BACKGROUNDTenders were advertised in The West Australian newspaper on Wednesday 31 July2013 and closed at 2pm 16 August 2013 to select a panel of contractors for the supplyand installation of shade structures for a period of three years commencing 1 October2013 to 30 September 2016.Submissions were received from the following companies:Company NameAddressAqua Shades 1/15 Principal Link, Malaga WA 6090CPD Group Pty Ltd 113 Kew Street, Welshpool WA 6106Miracle Recreation Equipment 54 Dellamarta Road, Wangara WA 6065West Coast Shade 52 Peel Road, O’Connor WA 6163The work is currently not under any tender arrangement.DISCUSSIONTender submissions have been assessed by the Evaluation Panel against theevaluation criteria defined within the tender specification: Relevant Experience,Capacity to Deliver the Services, Service Delivery Plans indicating Methodology andthe major criteria - price.The following table details the assessment of each tender against the qualitativeevaluation criteria as determined by the Panel.TendererRelevantExperienceKeyPersonnelDemonstratedUnderstandingTotalQualitativeScoreWeighting 20% 10% 10% 40%Aqua Shades 16 8 8 32CPD Group Pty Ltd 0 6 6 12Miracle RecreationEquipment12 4 4 20West Coast Shade 16 8 8 3238

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.4.2 ContinuedThe tenders received from CPD Group Pty Ltd and Miracle Recreation Equipment didnot display an ability to meet the minimum requirement of this contract as theirsubmissions did not demonstrate either sufficient relevant experience, capacity todeliver the services or methodology required of this contract. Therefore, these tendersubmissions were excluded from further assessment due to the potential risk to theCity. While CPD Group Pty Ltd has been recommended as a contractor for MinorBuilding Works, contractors for the supply and erection of shade sales needed todemonstrate that they have experience in complying with the various AustralianStandards applicable to this service.The prices submitted by the tenderers considered capable of providing the servicesrequired are as follows:Shade optionFabric sizeAqua PriceIncluding Site Visitsand DesignDocumentationAssociated WorksWest Coast PriceIncluding Site Visitsand DesignDocumentationAssociated Works$ $1 4 Post Structure 1 x sail 7m x 7m 10,440 11,2292 6 Post Structure 2 x sails 7m x 7m 16,220 16,1863 9 Post Structure 4 x sails 7m x 7m 25,120 24,4544 12 Post Structure 6 x sails 7m x 7m 30,430 32,512Replacement sailsFabric Only Including5 Fittings and 1 X Sail 5m x 5m 1,200 1,350InstallationFabric Only Including6 Fittings and 1 X Sail 7m x 7m 1,990 1,850InstallationRepairs to sails7Repair to existingsailAlready removed1 X Patch 500 mmX 500 mm12070(Excludes delivery /pick up)The following table details the assessment of each tender against the price submitted.TendererPriceWeighting 60%Aqua Shades 60West Coast Shade 58.50The following table details the combined assessment of each tender against bothqualitative criteria and price and ranks each tender.TendererQualitativePrice Total OverallCriteriaRanking% % %Aqua Shades 32 60 92 1West Coast Shade 32 58.50 90.50 239

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.4.2 ContinuedThe submissions received from Aqua Shades and West Coast Shades were generallyprofessional, satisfied the City's Occupational Health and Safety requirements,addressed the qualitative criteria and demonstrated the ability to provide the City withthe required services.Referees were contacted for the preferred tenderer and all referees have provided asatisfactory reference.Following the assessment of tenders against the criteria, Aqua Shades and West CoastShades were assessed as being suitable to be placed on a panel of contractors. Theuse of either of these contractors will be based on the cheapest quote.FINANCIAL IMPLICATIONSThe services associated with this contract are included in the 2013/2014 budget andwill be included in the relevant budgets for the life of the contract. The amountbudgeted for 2013/14 is approximately $250,000 across a number of projects.STATUTORY IMPLICATIONSSection 3.57 (1) of the Local Government Act 1995 requires a local government toinvite tenders before it enters a contract of a prescribed kind under which anotherperson is to supply the goods or services.VOTING REQUIREMENTSSimple Majority required.40

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.4.2 ContinuedSTAFF RECOMMENDATION AND COUNCIL RESOLUTION386 Moved Cr J Brown Seconded Cr O SearleThat Council award Tender 31/2013 - Supply and Install Shade Structures for athree-year period commencing 1 October 2013 to Aqua Shades, 1/15 PrincipalLink, Malaga WA 6090 and West Coast Shade, 52 Peel Road, O’Connor WA6163 in accordance with the prices detailed below subject to yearly rise and fallprovisions:Shade optionFabric sizeAqua PriceIncluding Site Visitsand DesignDocumentationAssociated WorksWest Coast PriceIncluding Site Visitsand DesignDocumentationAssociated Works$ $1 4 Post Structure 1 x sail 7m x 7m 10,440 11,2292 6 Post Structure 2 x sails 7m x 7m 16,220 16,1863 9 Post Structure 4 x sails 7m x 7m 25,120 24,4544 12 Post Structure 6 x sails 7m x 7m 30,430 32,512Replacement sails56Fabric OnlyIncluding Fittingsand InstallationFabric OnlyIncluding Fittingsand InstallationRepairs to sails7FOR:Repair to existingsail1 x Patch 500 mmAlready removed x 500 mmAGAINST:1 X Sail 5m x 5m 1,200 1,3501 X Sail 7m x 7m 1,990 1,85012070(Excludes delivery /pick up)CARRIED 9/0Cr J Brown, Cr T Brown, Cr R Hoffman, Cr S Iwanyk, Cr K Jones, Cr R Lawrence, Cr R Mitchell,Cr O Searle and Cr D Griffiths.Nil.41

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013The Mayor advised the meeting that Cr R Mitchell had disclosed an Indirect FinancialInterest in the following item in accordance with Section 5.65 of the Local GovernmentAct 1995.8.06pm - Cr R Mitchell left the meeting.13.4.3 PROPOSED LEASE OF PART RESERVE 45426 CANNING LOCATION4183 ON PLAN 19839 BEREHAVEN AVENUE, THORNLIE (WALTERPADBURY RESERVE) TO TELSTRA CORPORATION LIMITEDAuthor:J FlatowAuthor’s Declaration Nil.of Interest:Previous Ref: Nil.Appendix: 13.4.3A Site Locality Plan13.4.3B Site PlanPURPOSE OF REPORTTo seek Council approval to lease part of Reserve 45426 (Walter Padbury Reserve) toTelstra Corporation Limited for the purpose of the company’s continued occupation ofthe site.BACKGROUNDThe Walter Padbury Park telecommunication site contains one monopole and threeequipment cabinets. The Telstra Corporation Limited (Telstra) lease contains themonopole and one equipment cabinet, Optus Mobile Pty Ltd and Vodafone NetworkPty Ltd (Vodafone) lease areas for their own equipment cabinets.The leases terminate on 30 September 2013 and negotiations with the carriers havebeen progressing for the past 12 months with Optus and Vodafone still ongoing.Telstra has now advised that it wishes to renew its lease for a 10-year period with tworenewals of five years each.Telstra has offered an annual rent of $20,393.28 per annum with 3% annualincrements.DISCUSSIONWith the knowledge that a number of telecommunication leases were due for renewal,a licensed annual rental valuation was sought to accommodate all of these types ofleases within the City of Gosnells. The valuation information provided on 2 July 2013was that there has been little movement in rentals within the City in the recent past andthat a “base” ground rental in the order of $20,000 per annum plus GST and paymentof outgoings was appropriate. In respect to rent reviews the most recent reviewsindicate 3% annual increments.Rent paid by Telstra at the time of its lease expiry is $19,799.30 per annum.42

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.4.3 ContinuedThe amount of rent offered of $20,393.28 per annum is in excess of the licensedvaluation.No objection is seen to agreeing to the request that provides a regular source ofincome to the City.There is a requirement to advertise the proposed lease in accordance with theprovisions of section 3.58 of the Local Government Act 1995. It will be recommendedthat the City enter into the lease subject to no objections of a substantive nature beingreceived during the advertising period.FINANCIAL IMPLICATIONSRental income of $20,393.28 per annum increased annually by 3% after the first year.STATUTORY IMPLICATIONSSection 3.58 of the Local Government Act 1995 provides for the disposition of localgovernment property that includes leasing.VOTING REQUIREMENTSSimple Majority required.STAFF RECOMMENDATION AND COUNCIL RESOLUTION387 Moved Cr R Hoffman Seconded Cr R LawrenceThat subject to no submissions raising substantive objections to the proposalbeing received following public advertising under the provisions of section 3.58of the Local Government Act 1995, Council agree to lease to TelstraCorporation Limited approximately 62 square metres of Reserve 45426 ofCanning Location 4183 (Walter Padbury Reserve) in accordance withAppendices 13.4.3A and 13.4.3B on the following terms:Rental:Rent reviews:Term of lease:Terms of renewal:$20,393.28 per annum plusGST3% annually compounding10 Years2 x 5 year termsDate of commencement: 1 October 2013Local government rates andEmergency Services Levy:Payable by tenantUtility costs:FOR:AGAINST:43Payable by tenantCARRIED 8/0Cr J Brown, Cr T Brown, Cr R Hoffman, Cr S Iwanyk, Cr K Jones, Cr R Lawrence, Cr O Searleand Cr D Griffiths.Nil.

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.4.3 ContinuedNotation8.07pm - Cr R Mitchell returned to the meeting.Upon Cr R Mitchell's return to the meeting, the Mayor advised that Council hadendorsed the staff recommendation as contained in the agenda.44

City of GosnellsOrdinary Council Meeting Minutes 10 September 201313.5 PLANNING AND SUSTAINABILITY13.5.1 DEVELOPMENT APPLICATION - CHANGE OF USE (NURSERY TOSHOP) AND CARPARK EXTENSION - 2041 (LOT 12) ALBANYHIGHWAY, MADDINGTONAuthor:B FantelaAuthor’s Declaration Nil.of Interest:Reference: 203847Application No: DA13/00070Applicant:Realty One Pty LtdOwner:J Cookworthy and S SullivanLocation:2041 (Lot 12) Albany Highway, MaddingtonZoning: MRS: Urban, Parks and Recreation, WaterwaysTPS No. 6: Residential DevelopmentReview Rights: Yes. State Administrative Tribunal against any discretionarydecision of Council.Area:1.0312haPrevious Ref: Nil.Appendix: 13.5.1A Site, Floor and Elevation PlansPURPOSE OF REPORTFor Council to consider an application for planning approval under Town PlanningScheme No. 6 (TPS 6) for change of use (from Nursery to Shops) and car parkextension at 2041 (Lot 12) Albany Highway, Maddington, and to provide arecommendation to the Western Australian Planning Commission (WAPC) fordetermination under the Metropolitan Region Scheme (MRS).BACKGROUNDSite Description and Planning FrameworkThe subject site has frontage to Albany Highway with two crossovers providing accessfrom Albany Highway. Existing development on the lot comprises a range ofcommercial uses, including former garden centre, a specialty store, liquor store, abakery and a butcher shop. The site has a sealed car parking and service areaincluding storage areas at the rear of the site. A dwelling is located on the rear (southwestern)part of the land, in relatively close proximity to the Canning River. The sitehas some remnant vegetation immediately adjacent to the Canning River, with theremainder of the property being cleared to accommodate the development of thecommercial uses.The north-eastern half of the subject site is zoned Urban under the MRS and theremaining part of the site reserved for Parks and Recreation and forms part of theCanning River Foreshore Reserve. Under TPS 6, the part of the site corresponding tothe Urban MRS zoning is zoned Residential Development. The site abuts a PrimaryRegional Road (Albany Highway).A map identifying the location of the subject site follows:45

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.1 ContinuedALBANY12SUBJECTLOTPITCHFORDCanning RiverHWYThe subject site is located within an area known as the South Maddington PlanningPrecinct, which Council has previously identified as requiring an Outline DevelopmentPlan (ODP) to guide future subdivision and development. No such ODP has beenadopted.Approval RequirementsThe south-west part of the Lot is located within the Swan River Trust developmentControl Area and is subject to Clause 29 (1) and Clause 30 (A) of the MRS, whichrequires the application to be determined by the Western Australian PlanningCommission, on the advice of the Swan River Trust and Local Government.ProposalThe application involves the following:Conversion of the existing nursery building into two retail shops, each having124m 2 of net lettable areaModification to the existing car park so as to provide an additional 17 bays (toincrease its capacity to 23 bays)Access to the new parking car bays will be from the existing parking area withno additional access/exit to Albany HighwayThe two roller-doors facing the Albany Highway street frontage are to bereplaced with new shopfront glazing.A site plan, floor plan and elevations are attached in Appendix 13.5.1A.ConsultationThe proposal was not required to be advertised for public consultation.46

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.1 ContinuedDISCUSSIONTown Planning Scheme No. 6Use Class AssessmentThe subject site is zoned Residential Development under TPS 6 and there is no ODPapproved or proposed. In accordance with TPS 6, a Shop is a "D" use in theResidential Development zone, meaning it is not permitted unless the local governmenthas exercised its discretion by granting planning approval.ZoningThe subject site is partially zoned Residential Development under TPS 6. Clause 7.2.1of the Scheme requires an ODP on land zoned Residential Development or BusinessDevelopment as a precursor to development and subdivision in such areas. However,Clause 7.2.5 of the Scheme allows for Council to support subdivision or development inthe absence of an ODP where it is determined that the proposal will not prejudice theorderly and proper future planning and development of the surrounding area. This isdiscussed further in the Local Planning Policy section below.Car ParkingThe following table outlines TPS 6 parking requirements and the parking available onsite.Use ClassShopTotalTPS 6 Car ParkingStandards1 space for every 15m² netlettable area.TPS 6 Car ParkingRequirementsThe proposal involves248m 2 of net lettable area.17 bays are required(rounded up from 16.53)Car Parking BaysProvidedThe proposal involves theprovision of an additional 17bays.As detailed above, the proposal complies with the car parking requirements of TPS 6.Local Planning Policy 3.2 – Co-ordination of Infill DevelopmentThe City's Co-ordination of Infill Development Policy establishes Council’s position onthe appropriateness of development proposals for land zoned Residential Developmentin the absence of any ODP. Clause 3.3.4 of the Policy states:“Until such time that an ODP is adopted for an area that is zoned ResidentialDevelopment or Business Development or sits within a Precinct identified inClause 3.2.2 above and Appendix 1, Council will generally not support anyapplication for development of land unless the proposal meets the exemptionrequirements set in Clause 3.3.6 below and pursuant to Clause 7.2.5 of TPS 6."In considering such a proposal, Council is to have regard to a number of factors, anassessment of which is provided in the table below.47

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.1 ContinuedPolicy Requirements3.3.6 (a) The scale and extent of the developmentproposed must not impede the eventualachievement of a comprehensive andpermeable road network between lots,incorporating consolidated access points tothe existing road system and, if applicable,suitable public access to any conservationand/or recreation reservation.3.3.6 (b) The scale and extent of developmentproposed must not impede the provision ofessential services to the site or surroundingarea.3.3.6 (c) The scale and extent of developmentproposed must not impede the eventualachievement of consolidated areas of LocalOpen Space, as recommended by anyapplicable Council-endorsed strategy.3.3.6 (d) The nature, extent, duration and permanencyof the proposed development must notcompromise the value or wellbeing of anyenvironmental feature, including (but notlimited to) Bush Forever sites, wetlands, theCanning and Southern Rivers and areas ofremnant vegetation.3.3.6 (e) The nature, extent, duration and permanencyof the proposed development must notpresent a long-term constraint to the ultimateurbanisation of the area.Assessment/CommentThe proposed development would not impedea future road layout as the proposal involvesthe use of an existing building.The proposal will not impact on the provisionof Local Open Space.Due to the minor nature of the developmentand the current existing uses of the site, theproposal will not adversely impact on theabutting Canning River.The proposed development is not consideredto present any long term constraint to theurbanisation of the area as there are existingcommercial buildings on site used forcommercial purposes.As demonstrated above, the proposed development complies with the requirements ofthe Policy and will not impact the future planning of the area.TrafficThe proposal is not considered likely to lead to any significant increase as a result ofthis application and therefore it is anticipated that there will not be a significant impacton the traffic.CONCLUSIONThe proposal is supported for the following reasons:The proposed development is considered to be minor in nature and will notprejudice the future planning for the areaThe proposal conforms to the requirements of the City's Local Planning Policy3.2 - Co-ordination of infill Development.The proposed development is contained within the Residential Developmentzone on the site and does not affect the Parks and Recreation Reservation atthe rear of the site.It is therefore recommended that the proposal be approved subject to appropriateconditions as listed in the staff recommendation.48

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.1 ContinuedFINANCIAL IMPLICATIONSNil.STATUTORY IMPLICATIONS Town Planning Scheme No. 6 Local Planning Policy 3.2 - Co-ordination of Infill Development Metropolitan Regional Scheme.VOTING REQUIREMENTSAbsolute majority required for Recommendation 1 in accordance with Clause7.2.5 of TPS 6. Simple Majority required for Recommendation 2.STAFF RECOMMENDATION (1 OF 2) AND COUNCIL RESOLUTION388 Moved Cr J Brown Seconded Cr O SearleThat Council approve the application for a change of use (from Nursery toShops) and car park extension at 2041 (Lot 12) Albany Highway, as containedwithin the application dated 7 March 2013, subject to the following conditions:1. The applicant shall submit details prescribing a functional drainagesystem, including detailed engineering drawings, and where requiredgeotechnical site assessment (soil profile, groundwater conditions andpermeability), as well as hydrologic and hydraulic calculations todemonstrate functionality of the design to the satisfaction of the City ofGosnells.2. A minimum of 17 carparking bays are to be provided, prior to theoccupation of the building, and maintained to the satisfaction of the City.The driveways, accessways and carbays are to be paved, drained andmarked to City’s standards in accordance with the approved plan andTable 3B of Town Planning Scheme No. 6.3. The site is to be connected to the reticulated sewerage system prior tooccupation of the development.CARRIED BY ABSOLUTE MAJORITY 9/0FOR:AGAINST:Cr J Brown, Cr T Brown, Cr R Hoffman, Cr S Iwanyk, Cr K Jones, Cr R Lawrence, Cr R Mitchell,Cr O Searle and Cr D Griffiths.Nil.49

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.1 ContinuedSTAFF RECOMMENDATION (2 OF 2) AND COUNCIL RESOLUTION389 Moved Cr J Brown Seconded Cr O SearleThat Council recommend to the Western Australian Planning Commission(WAPC) that the WAPC approves the application for a change of use (fromNursery to Shops) and car park extension at 2041 (Lot 12) Albany Highway,Maddington as contained within the application dated 7 March 2013, subject to:1. The applicant shall submit details prescribing a functional drainagesystem, including detailed engineering drawings, and where requiredgeotechnical site assessment (soil profile, groundwater conditions andpermeability), as well as hydrologic and hydraulic calculations todemonstrate functionality of the design to the satisfaction of the City ofGosnells.2. A minimum of 17 additional carparking bays are to be provided, prior tothe occupation of the building, and maintained to the satisfaction of theCity. The driveways, accessways and carbays are to be paved, drainedand marked to City’s standards in accordance with the approved planand Table 3B of Town Planning Scheme No. 6.3. The site is to be connected to the reticulated sewerage system prior tooccupation of the development..CARRIED 9/0FOR:AGAINST:Cr J Brown, Cr T Brown, Cr R Hoffman, Cr S Iwanyk, Cr K Jones, Cr R Lawrence, Cr R Mitchell,Cr O Searle and Cr D Griffiths.Nil.50

City of GosnellsOrdinary Council Meeting Minutes 10 September 201313.5.2 DEVELOPMENT APPLICATION - MODIFICATIONS TO BUILDINGFACADE - 2227 (LOT 89) ALBANY HIGHWAY, GOSNELLSAuthor:K IvoryAuthor’s Declaration Nil.of Interest:Reference: 202384Application No: DA13/00215Applicant:Manvir UppalOwner:DEJO Nominees Pty Ltd & Zdena Pty LtdLocation:2227 (Lot 89) Albany Highway, GosnellsZoning: MRS: UrbanTPS No. 6: District CentreReview Rights: Yes. State Administrative Tribunal against any discretionarydecision of Council.Area:1,391m²Previous Ref: Nil.Appendix:Nil.PURPOSE OF REPORTFor Council to consider an application for planning approval for modifications to thefaçade of the building at 2227 (Lot 89) Lissiman Street, Gosnells as the proposal isoutside the authority delegated to staff due to non-compliance with Local PlanningPolicy 5.2.BACKGROUNDSite HistoryOn 1 May 2012, the City approved an application for planning approval for a change ofuse to Recreation – Private (Gymnasium). The approved plans did not provide for anychanges to the Lissiman Street frontage of the property. However, during the course ofthe fit-out, the windows on this frontage were blocked up, thus rendering them noncompliantwith the approved development application.On 30 May 2013, following previous warnings to the landowner, the City issued aplanning infringement notice, informing the applicant that the property was found to bein breach of the May 2012 planning approval.The applicant now seeks approval to retain these changes to the Lissiman Streetfrontage and to upgrade both the building and the car park on the site.Site Description and Planning FrameworkThe subject site contains two commercial tenancies Bendigo Bank and Snap Fitnesswhich is the subject of this application. The property has a dual frontage to AlbanyHighway and Lissiman Street. The property is located 50m from the Gosnells TrainStation and forms part of Gosnells Town Centre Special Control Area.A map identifying the location of the subject site follows:51

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.2 ContinuedLISSIMAN STALBANY HWY102DOROTHY STProposalThe application involves the following:The removal of three windows on the Lissiman Street frontage of the SnapFitness tenancyThe provision of a new bin storage areaResurfacing of the existing car park and remarking of the existing car parkingbaysImprovements to the building and the car parking area including:- Repainting the frontage- Replacing external light fixtures- Providing landscaping along the frontage of the building.An elevation plan follows:52

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.2 ContinuedELEVATION PLANConsultationEXISTING LISSIMAN STREET ELEVATIONThe proposal was not required to be advertised for public consultation.53

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.2 ContinuedDISCUSSIONLocal Planning Policy 5.2 – Gosnells Town Centre DevelopmentLPP 5.2 provides guidance on determining development within the Gosnells TownCentre Area. It primarily relates to new built form development and seeks to develophigh-quality activated streetscapes and a vibrant and active mixed use Town Centre.The proposal seeks changes to an existing building and therefore not all the provisionsof LPP 5.2 relating to built form outcomes are not applicable. The proposal iscompliant with the provisions of LPP 5.2 apart from those outlines below.1. 3. Active FrontagesControlsPolicy Requirement3.2 The built form of new development is toincorporate activated street frontageswhich provide:Objectives1. Entrances and windows that addressthe street and are orientated towardsthe public realm.5. Active frontages to all public streetsaddressed by a building.6. Maximum length of a blank wall is2m.7. Glazing which is non-reflective andunobscured.3.1 All building facades at ground level whichface public streets in the town centre are toprovide active frontages. The predominantelements of active frontages are entrancesand windows.Active frontages provide:1. Physical and visual permeabilitybetween public and private domains.2. Vitality and interest in thestreetscape.3. Opportunities for passivesurveillance.4. Shelter for pedestrians within thestreetscape.Assessment/CommentThe proposal seeks to remove the windowsthat address Lissiman Street and replace themwith murals/promotional graphics. This willresult in the length of the blank wall exceeding2m. The proposal therefore does not complywith the standards specified in the controlscolumn of Table 1 of LPP 5.2. An assessmentagainst the objectives of LPP 5.2 is thereforerequired.It is proposed that the building retain theentrance onto Lissiman street thus creating aninterface with the public street. The proposalprovides an active frontage to the street byproviding a transparent glass entrance door,planting and upgrading of the facades of bothtenancies. Given the degree of changes andimprovements that form part of the proposal, itis considered that the reduction in the numberof windows, and the introduction of a glazedentrance door, will provide an appropriateinterface between the tenancy and the street.CONCLUSIONThe proposal is supported as the proposed upgrades to the building and the car parkare considered to provide an acceptable active frontage to the public realm and willhave a positive impact on the streetscape.It is therefore recommended that the proposal be approved subject to appropriateconditions as listed in the staff recommendation.54

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.2 ContinuedFINANCIAL IMPLICATIONSNil.STATUTORY IMPLICATIONS Town Planning Scheme No. 6 Local Planning Policy 5.2 - Gosnells Town Centre Development.VOTING REQUIREMENTSSimple Majority required.STAFF RECOMMENDATION AND COUNCIL RESOLUTION390 Moved Cr J Brown Seconded Cr D GriffithsThat Council approve the application for modifications to the building façade at2227 (Lot 89) Albany Highway, Gosnells, dated 21 June 2013 subject to thefollowing conditions:1. A landscape plan for the development site is to be submitted inaccordance with the City’s Local Planning Policy 4.5 Development -Landscaping, within 28 days of the date of this approval.2. Landscaping of the development site is to be installed within 28 days ofthe City’s approval of the required landscaping plan, and thereaftermaintained, in accordance with the approved landscaping plan to thesatisfaction of the Manager of Parks and Environmental Operations.3. The car park is to be paved, drained and marked to the City’s standardsin accordance with Table 3B of the Town Planning Scheme No. 6, within60 days of the date of this approval.4. The applicant is to submit details of the materials and finishes of theproposed bin storage area, to the satisfaction of the City, prior to thecommencement of construction.CARRIED 9/0FOR:AGAINST:Cr J Brown, Cr T Brown, Cr R Hoffman, Cr S Iwanyk, Cr K Jones, Cr R Lawrence, Cr R Mitchell,Cr O Searle and Cr D Griffiths.Nil.55

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013The Mayor advised the meeting that he had disclosed an Impartiality Interest in thefollowing item in accordance with Regulation 34C of the Local Government(Administration) Regulations 1996.13.5.3 DEVELOPMENT APPLICATION - COMMUNITY PURPOSE (MEN'S SHEDWORKSHOP) - 64 (LOT 31) LISSIMAN STREET, GOSNELLSAuthor:R BrockmanAuthor’s Declaration Nil.of Interest:Reference: 218816Application No: DA13/00148Applicant:Gosnells Community Men's Shed IncOwner:Amaroo Care Services IncLocation:64 (Lot 31) Lissiman Street, GosnellsZoning: MRS: UrbanTPS No. 6: Residential DevelopmentReview Rights: Yes. State Administrative Tribunal against any discretionarydecision of Council.Area:2.0897haPrevious Ref: OCM 18 December 2012 (Resolutions 636 and 637)Appendices: 13.5.3A Site, Floor and Elevation Plans13.5.3B PhotographsPURPOSE OF REPORTFor Council to consider an application for planning approval for a Community Purpose(Workshop) at 64 (Lot 31) Lissiman Street, Gosnells and to provide a recommendationto the Western Australian Planning Commission (WAPC) for determination under theMetropolitan Region Scheme (MRS).BACKGROUNDSite HistoryOn 18 December 2012, Council resolved (Resolution 636 and 637) to approve anapplication for a Change of Use from Residential to Community Purpose on the subjectsite for the purpose of a Men's Shed.The Gosnells Community Men's Shed Inc is an organisation which provides suitablefacilities, particularly for retired men, for event and workshop spaces, secure storagefacilities, small group meeting areas and passive activity spaces.Site Description and Planning FrameworkThe subject site is bounded by Canning River to the north-east, Lissiman Street to thesouth-west, the Gosnells Railway Markets to the south and large undevelopedresidential designated lots to the north-west. The subject site is approximately 520mfrom the Gosnells railway station.56

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.3 ContinuedThe front portion of the site is currently being used by Amaroo Care Services as anaged care facility. An existing dwelling, known as Lewis Homestead, is located to therear of the site. That building is listed on the City's Municipal Heritage Inventory.The majority of the subject lot is zoned Urban under the MRS and the remaining part ofthe site reserved for Parks and Recreation and forms part of the Canning RiverForeshore Reserve. Under TPS 6, the part of the site corresponding to the Urban MRSzoning is zoned Residential Development.A map identifying the location of the subject site follows:ALBANY HWY31LISSIMAN STFREMANTLE RDApproval RequirementsPart of the site is located within the Swan River Trust Development Control Area and issubject to Clause 29 (1) and Clause 30 (A) of the MRS, which requires the applicationto be determined by the Western Australian Planning Commission, on the advice of theSwan River Trust and the Local Government.ProposalThe application involves the following:The construction of a 298.4m 2 (29.99m x 9.95m) Workshop Building, with a wallheight of 3.388m and ridge height of 6.1m, setback approximately 144.5m fromLissiman Street and 12.63m from the south-eastern boundary.The new Workshop Building will be used for a variety of activities includingwoodwork, metal work, upholstery, and furniture repairs. The new building willoperate in conjunction with Lewis Homestead, which will be used for meetings,kitchen and toilet facilities and some passive recreational activities such as art,photography and model making.57

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.3 ContinuedHours of operation are proposed to be 9am to 5pm, Monday to Friday, and 9amto 1pm on Saturdays.The facility will be used by up to 25 people at any one time.The provision of 10 new car parking bays.The site plans, floor plan and elevation plan are contained as Appendix 13.5.3A.ConsultationThe proposal was not required to be advertised for public consultation.DISCUSSIONTown Planning Scheme No. 6Land Use DesignationUnder Table 1 (Zoning Table) of TPS 6, Community Purpose is a "D" use in theResidential Development zone, meaning that it is not permitted unless the localgovernment has exercised its discretion by granting planning approval.ZoningThe subject site is partially zoned Residential Development under TPS 6. Clause 7.2.1of the Scheme requires an ODP on land zoned Residential Development or BusinessDevelopment as a precursor to development and subdivision in such areas. However,Clause 7.2.5 of the Scheme allows for Council to support subdivision or development inthe absence of an ODP where it is determined that the proposal will not prejudice theorderly and proper future planning and development of the surrounding area. This isdiscussed further in the Local Planning Policy section below.Car ParkingThere is no designated parking requirement under TPS 6 for the Community Purposeuse, however, given the similarities, it is considered appropriate to use the standardsthat apply to the Club Premises land use. The following table contains the parkingassessment of the proposal.Use ClassClubPremisesTPS 6 Car ParkingStandards1 space for every 4 personsthe facility is designed toaccommodate.TPS 6 Car ParkingRequirementsThe facility willaccommodate a maximumof 25 people, therefore 6.25bays are required.Car Parking BaysProvidedA total of 10 bays havebeen provided on site.Total7 bays are required(rounded up from 6.25)As detailed above, the proposal complies with the car parking requirements of TPS 6.58

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.3 ContinuedLocal Planning Policy 3.2 - Coordination of Infill DevelopmentThe City's Coordination of Infill Development Policy (LPP 3.2) establishes Council'sposition on the appropriateness of development proposals for land zoned ResidentialDevelopment in the absence of an ODP. Clause 3.3.4 of the Policy states:"Until such time that an ODP is adopted for land that is zoned ResidentialDevelopment or Business Development under TPS 6 or sits within a Precinctidentified in Clause 3.2.2 above and Appendix 1, Council will generally notsupport any application for development of land unless the proposal meets theexemption requirements set out in Clause 3.3.6 below and pursuant toClause 7.2.5 of TPS 6."In considering such a proposal, Council is to have regard to a number of factors asspecified in Clause 3.3.6 of LPP 3.2, as listed below.The scale and extent of subdivision or development proposed must not impedethe eventual achievement of a comprehensive and permeable road networkbetween lots, incorporating consolidated access points to the existing roadsystem and, if applicable, suitable public access to any conservation and/orrecreation reservation.The scale and extent of subdivision or development proposed must not impedethe provision of essential services to the site or surrounding area.The scale and extent of subdivision or development proposed must not impedethe eventual achievement of consolidated areas of Local Open Space, asrecommended by any applicable Council endorsed strategy.The nature, extent, duration and permanency of the proposed subdivision ordevelopment must not compromise the value or wellbeing of any environmentalfeature including (but not limited to) Bush Forever site, wetlands, the Canningand Southern Rivers and areas of remnant vegetation.The nature, extent, duration and permanency of the proposed subdivision ordevelopment must not present a long-term constraint to the ultimateurbanisation of the area.Whether there is a need for a City administered contribution arrangement toequalise the cost of providing new or upgraded infrastructure and POS neededto service development, and if so, what contribution requirements, includingacceptable interim arrangements, should apply.In considering the above, it should be noted that in July 2006, the WAPC lifted theUrban Deferment that applied under the MRS, which had the effect of automaticallyrezoning the subject site (among others) to Residential Development under TPS 6.The subject site accommodates the existing Amaroo aged care facility, and given thatthe facility occupies the vast majority of the property, there is no practical reason whythe subject site requires the preparation of an ODP. Based on the above, the proposalwill not prejudice the future planning and development of the area to the west and istherefore consistent with LPP 3.2.59

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.3 ContinuedHeritageThe existing dwelling and the avenue of trees on the subject site is listed in the City'sMunicipal Heritage Inventory. The Inventory identifies the existing dwelling and avenueof trees as a Management Category B site and recommends retention andconservation of the place or documentation of the place if retention is not possible.The application does not affect the heritage value of the property as it does not involveany material changes to the heritage-listed dwelling or avenue of trees. The proposedworkshop building will be constructed of materials and finishes sympathetic to theexisting heritage building and will not adversely affect the heritage value of theproperty.Further to the above, on 1 August 2013, the City's History and Heritage Advisory Groupresolved to support the proposal. In doing so, the Group recommended thatconsideration be given to whether the driveway to the site from Lissiman Streetrequires upgrades to accommodate the extra vehicle traffic. This matter is discussedbelow.Vehicle AccessA site visit conducted on 9 August 2013 revealed that the driveway is in need ofupgrading. Photographs of site visit are contained as Appendix 13.5.3B. If theapplication is approved, it will be recommended that a condition be imposed requiringthe driveway to be upgraded to the City’s satisfaction.CONCLUSIONThe proposal is supported for the following reasons:The proposal involves the construction of a workshop building that is designedto be complementary to the existing heritage buildingThe proposal would not unduly impede the orderly and proper planning or afuture ODP for the areaThe proposal incorporates acceptable car parking provisions.It is therefore recommended that the WAPC be advised that the proposal is supportedsubject to appropriate conditions as listed in the staff recommendation.FINANCIAL IMPLICATIONSNil.STATUTORY IMPLICATIONS Town Planning Scheme No. 6 City of Gosnells Heritage Inventory Local Planning Policy 3.2 - Coordination of Infill Development.60

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.3 ContinuedVOTING REQUIREMENTSAbsolute Majority required for Staff Recommendation 1 in accordance withClause 7.2.5 of TPS 6 Simple Majority required for Staff Recommendation 2.STAFF RECOMMENDATION (1 OF 2) AND COUNCIL RESOLUTION391 Moved Cr R Mitchell Seconded Cr T BrownThat Council approve the application for a Community Purpose (Workshop) at64 (Lot 31) Lissiman Street, dated 23 August 2012, subject to the followingconditions:1. A minimum of 10 carparking bays are to be provided on the subject site,prior to the occupation of the building, and maintained to the satisfactionof the City. The driveways, accessways and carbays are to be paved,drained and marked to City’s standards in accordance with the approvedplan and Table 3B of Town Planning Scheme No. 6.2. External finishes and colour schemes for the external additions are to besubmitted prior to the lodgement of a Building Permit application to thesatisfaction of the City.3. A geotechnical report is to be submitted in accordance with AustralianStandards, certifying that the land is physically capable of developmentand detailing site conditions with respect to soil, groundwater andstormwater disposal. The report is to stipulate whether the site issuitable for on-site infiltration or what works are required to beimplemented to provide for this capability or a suggested alternatemeans of disposal.4. The applicant shall submit a drainage design, prescribing a functionaldrainage system, including detailed engineering drawings, andnecessary technical information to demonstrate functionality of thedesign. The design is to be endorsed by the City prior to the lodgementof a Building Permit application and thereafter implemented to thesatisfaction of the City of Gosnells.5. All cut and fill is to be retained within the property boundaries byretaining walls designed by a structural engineer and constructed ofmasonry or a similar approved material.6. The approved building is not to be used for habitation, commercial orindustrial purposes, without the approval of the City.7. The accessway between Lissiman Street and the proposed buildingbeing upgraded and drained at the developer's cost to the specificationsand satisfaction of the City.CARRIED BY ABSOLUTE MAJORITY 9/0FOR:AGAINST:Cr J Brown, Cr T Brown, Cr R Hoffman, Cr S Iwanyk, Cr K Jones, Cr R Lawrence, Cr R Mitchell,Cr O Searle and Cr D Griffiths.Nil.61

City of GosnellsOrdinary Council Meeting Minutes 10 September 2013Item 13.5.3 ContinuedSTAFF RECOMMENDATION (2 OF 2) AND COUNCIL RESOLUTION392 Moved Cr R Mitchell Seconded Cr T BrownThat Council recommend to the Western Australian Planning Commission that itapproves the application for a Community Purpose (Workshop) at 64 (Lot 31)Lissiman Street, Gosnells, dated 23 August 2012, subject to the followingconditions:1. A minimum of 10 carparking bays are to be provided on the subject site,prior to the occupation of the building, and maintained to the satisfactionof the City. The driveways, accessways and carbays are to be paved,drained and marked to City’s standards in accordance with the approvedplan and Table 3B of Town Planning Scheme No. 6.2. External finishes and colour schemes for the external additions are to besubmitted prior to the lodgement of a Building Permit application to thesatisfaction of the City.3. A geotechnical report is to be submitted in accordance with AustralianStandards, certifying that the land is physically capable of developmentand detailing site conditions with respect to soil, groundwater andstormwater disposal. The report is to stipulate whether the site issuitable for on-site infiltration or what works are required to beimplemented to provide for this capability or a suggested alternatemeans of disposal.4. The applicant shall submit a drainage design, prescribing a functionaldrainage system, including detailed engineering drawings, andnecessary technical information to demonstrate functionality of thedesign. The design is to be endorsed prior to the lodgement of aBuilding Permit application and thereafter implemented to thesatisfaction of the City of Gosnells.5. All cut and fill is to be retained within the property boundaries byretaining walls designed by a structural engineer and constructed ofmasonry or a similar approved material.6. The approved building is not to be used for habitation, commercial orindustrial purposes, without the approval of the City.7. The accessway between Lissiman Street and the proposed buildingbeing upgraded and drained at the developer's cost to the specificationsand satisfaction of the City.CARRIED 9/0FOR:AGAINST:Cr J Brown, Cr T Brown, Cr R Hoffman, Cr S Iwanyk, Cr K Jones, Cr R Lawrence, Cr R Mitchell,Cr O Searle and Cr D Griffiths.Nil.62

City of GosnellsOrdinary Council Meeting Minutes 10 September 201313.5.4 DEVELOPMENT APPLICATION - HOME STORE (REPTILE SALES) - 1D (LOT26) WILLARING DRIVE, BECKENHAM (ITEM BROUGHT FORWARD - REFERTO ITEM 11)The above item was brought forward in accordance with clause 4.12 of the City ofGosnells Standing Orders Local Law 2012 and is relocated under Item 11 “ItemsBrought Forward for the Convenience of those in the Public Gallery” as the firstreport in these Minutes.13.5.5 DEVELOPMENT APPLICATION - INCREASE RECREATION - PRIVATE(GYMNASIUM) PATRONAGE - TENANCY 1, 404 (LOT 1008) RANFORDROAD, CANNING VALE (ITEM BROUGHT FORWARD - REFER TO ITEM 11)The above item was brought forward in accordance with clause 4.12 of the City ofGosnells Standing Orders Local Law 2012 and is relocated under Item 11 “ItemsBrought Forward for the Convenience of those in the Public Gallery” as thesecond report in these Minutes.13.6 GOVERNANCENil.14. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVENNil.15. URGENT BUSINESS(by permission of Council)Nil.16. CONFIDENTIAL MATTERSNil.17. CLOSUREThe Mayor declared the meeting closed at 8.13pm.63