TOWN OF COTTESLOE · 7/23/2019 · 11 July 2019 addressed to Mr E I Drewett? A1. The letter was distributed to all Elected Members by Memo on 18 July 2019. Ms Yvonne Hart – 26

TOWN OF COTTESLOE

ORDINARY COUNCIL MEETING

ORDINARY COUNCIL MEETINGHELD IN THE

Council Chambers, Cottesloe Civic Centre109 Broome Street, Cottesloe6:00 PM Tuesday, 23 July 2019

MAT HUMFREYChief Executive Officer

31 July 2019

MINUTES

DISCLAIMER

No responsibility whatsoever is implied or accepted by the Town for any act, omission,statement or intimation occurring during council meetings.

The Town of Cottesloe disclaims any liability for any loss whatsoever and howsoevercaused arising out of reliance by any person or legal entity on any such act, omission,statement or intimation occurring during council meetings.

Any person or legal entity who acts or fails to act in reliance upon any statement, act oromission made in a council meeting does so at that person’s or legal entity’s own risk.

In particular and without derogating in any way from the broad disclaimer above, in anydiscussion regarding any planning application or application for a licence, any statement orintimation of approval made by any member or officer of the Town of Cottesloe during thecourse of any meeting is not intended to be and is not taken as notice of approval from theTown.

The Town of Cottesloe wishes to advise that any plans or documents contained within theagenda or minutes may be subject to copyright law provisions (Copyright Act 1968, asamended) and that the express permission of the copyright owner(s) should be soughtprior to their reproduction.

Members of the public should note that no action should be taken on any application oritem discussed at a council meeting prior to written advice on the resolution of councilbeing received.

Agenda and minutes are available on the Town’s website www.cottesloe.wa.gov.au

ORDINARY COUNCIL MEETING MINUTES 23 JULY 2019

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TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 DECLARATION OF MEETING OPENING/ANNOUNCEMENT OF VISITORS ..................... 6

2 DISCLAIMER............................................................................................................. 6

3 ANNOUNCEMENTS BY PRESIDING MEMBER WITHOUT DISCUSSION ......................... 6

4 PUBLIC QUESTION TIME ........................................................................................... 6

4.1 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ..................... 6

4.2 PUBLIC QUESTIONS ......................................................................................... 6

5 PUBLIC STATEMENT TIME......................................................................................... 9

6 ATTENDANCE......................................................................................................... 15

6.1 APOLOGIES ................................................................................................... 15

6.2 APPROVED LEAVE OF ABSENCE...................................................................... 15

6.3 APPLICATIONS FOR LEAVE OF ABSENCE ......................................................... 15

7 DECLARATION OF INTERESTS.................................................................................. 15

8 CONFIRMATION OF MINUTES................................................................................. 15

9 PRESENTATIONS .................................................................................................... 16

9.1 PETITIONS ..................................................................................................... 16

9.2 PRESENTATIONS............................................................................................ 16

9.3 DEPUTATIONS ............................................................................................... 16

10 REPORTS................................................................................................................ 17

10.1 REPORTS OF OFFICERS................................................................................... 17

PLANNING ............................................................................................................. 17

10.1.1 LOTS 4, 5 & 301 (5) WARTON STREET - EIGHT MULTIPLEDWELLINGS 17

10.1.2 PLANNING APPLICATIONS DETERMINED UNDER DELEGATION 38

10.1.3 LOT 8 (16) NORTH STREET - INCREASED FLOOR AREA TOCOMMERCIAL USE 40

ADMINISTRATION .................................................................................................. 48

10.1.4 COMMUNITY CONSULTATION POLICY REVIEW 48

10.1.5 BEACHES AND BEACH RESERVE LOCAL LAW 2012 AMENDMENT -USE OF WIRE TRACE 51

10.1.6 OPEN WATER SWIMMING SERIES - COTTESLOE 58


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10.1.7 BY THE C 2019 - ZACCARIA CONCERTS AND TOURING PTY LTD -CHANGE OF DATE 62

10.1.8 CORPORATE MEMBERSHIP - RECONCILIATION WA 66

10.1.9 SEEKING COUNCIL APPROVAL TO WAIVE FEES ASSOCIATED WITH ASIGN LICENCE APPLICATION FOR THE AUSTRALIAN RED CROSSSHOP - 36 NAPOLEON STREET, COTTESLOE 69

ENGINEERING ........................................................................................................ 71

10.1.10 COTTESLOE PYLON CONSERVATION MANAGEMENT PLAN 71

10.1.11 STREET TREE REMOVAL REQUEST - 63 ERIC STREET COTTESLOE 73

10.1.12 TRANSPLANTING OF THREE LOMA STREET NORFOLK ISLAND PINETREES 77

10.1.13 WESTERN AUSTRALIA FIRE SERVICES REQUEST FOR YELLOW LINEALONG GRANT STREET BETWEEN CONGDON STREET AND PARRYSTREET 80

10.1.14 CONGDON STREET BRIDGE REPLACEMENT PROJECT 83

FINANCE ................................................................................................................ 87

10.1.15 NORTH COTTESLOE SURF LIFE SAVING CLUB INC. - TAKE 3 FOR THESEA FUNDING PROPOSAL 87

10.1.16 BUDGET AMENDMENT - RIGHT OF WAY 58 (2) MAINTENANCEWORKS 93

10.1.17 FINANCIAL STATEMENTS FOR THE PERIOD 1 JULY 2018 TO 30 JUNE2019 97

10.1.18 BUDGET AMENDMENT - WAYFINDING DEMONSTRATION PROJECT 100

10.2 RECEIPT OF COMMITTEE MINUTES ...............................................................103

10.2.1 RECEIPT OF COMMITTEE MINUTES 103

10.3 REPORTS OF COMMITTEES ...........................................................................104

10.3.1 ART ACQUISITION PANEL RECOMMENDATIONS 104

11 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ......107

11.1 COUNCILLOR MOTION - TOWN OF COTTESLOE SPEED REFORM MOTION ......107

12 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OFMEETING BY:.........................................................................................................109

12.1 ELECTED MEMBERS ......................................................................................109

12.2 OFFICERS......................................................................................................109

13 MEETING CLOSED TO PUBLIC.................................................................................110

13.1 MATTERS FOR WHICH THE MEETING MAY BE CLOSED...................................110

13.1.1 STRUCTURAL ENGINEERING CONSULTANCY - TENDERRECOMMENDATION 111


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13.1.2 INDIANA TEA HOUSE LEASE ASSIGNMENT 111

13.2 PUBLIC READING OF RECOMMENDATIONS THAT MAY BE MADE PUBLIC.......113

14 MEETING CLOSURE ...............................................................................................113


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1 DECLARATION OF MEETING OPENING/ANNOUNCEMENT OF VISITORS

The Presiding Member announced the meeting opened at 6:02pm.

2 DISCLAIMER

The Presiding Member drew attention to the Town’s Disclaimer.

3 ANNOUNCEMENTS BY PRESIDING MEMBER WITHOUT DISCUSSION

The Presiding Member announced that the meeting is being recorded, solely for thepurpose of confirming the correctness of the Minutes.

4 PUBLIC QUESTION TIME

4.1 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

Nil

4.2 PUBLIC QUESTIONS

Mr Jack Walsh – 35 Grant Street, Cottesloe

Q1. Why are the Committees set up in with unelected residents makingCommittee decisions to go up before Council.

Q2. How much Administration time is taken up managing the Committees,given the original two were scrapped in an efficiency drive?

Q3. Since their inception, how many of the Committee decisions presentedto Council meetings haven’t been confirmed or rather been rubberstamped by Council?

Q4. Just received the rates and the Mayor’s statement and I would ask if wehave any State Government contributions for what I would consider asvanity objects in our budget capital works, such as the foreshoremasterplan, foreshore works, the shark barirer, the playgroundupgrades, beach access paths, street tree planting and the NRMCoastcare dune rehabilitation, which is in this year’s budget and comesto a grand total of $2.872M. There’s a couple of other things that areoverpriced but in some cases necessary, such as the depot construction,the railway street realignment and the Deane Street retaining wall foranother $1M.

A1. The majority of the Committees are essentially advisory in nature, theydon’t have delegated authority, they don’t make decisions or bindCouncil, in any way. Council makes a decision on anything that is put upto it and whether Council agrees with those recommendations or not isentirely up to the Council sitting at the time. As to the nature of theCommittees, there is a review under way to see if they can bestreamlined.

A2. Taken on notice.


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A3. Taken on notice.

A4. State Government contributions are still being pursued.

Mr William Clements – 16 Victoria Street, Mosman Park – item 10.1.1

Q1. Do all Councillors have a copy of the letter from E F Clements dated the11 July 2019 addressed to Mr E I Drewett?

A1. The letter was distributed to all Elected Members by Memo on 18 July2019.

Ms Yvonne Hart – 26 Mann Street, Cottesloe – item 10.2.1(c)

Q1. I’m referring to the financial implications which are on page 7 of theunconfirmed minutes of the North Cottesloe Primary School TrafficSafety Committee – ‘The final financial implications will only be knownonce a preferred concept is approved.’ – If option 1 or an alternativeoption is recommended for approval, what will option 1 or thealternative option cost?

Q2. How much funding will be requested from the Department ofEducation?

Q3. How much funding will be required from Main Roads? The Town ofCottesloe budget allowance of $350,000 covers only road reasurfacingand does not cover major road reconstruction and earthworks. Giventhe size, the scope and the works of the bike path on the west of therailway line one can only imagine the extent of roadworks needed byMain Roads to realign Railway Street and build a carpark suitable forvehicles rather than cyclists.

Q4. Depending on the tender process and state funding from the EducationDepartment and Main Roads, any shortfall will be sourced throughreservies i.e. ratepayers. So, is this true – what reserve fund will be usedto pay for the North Cottesloe Primary School carpark inaudible lines?

Q5. A construction contractor would need to be engaged for the worksthrough an open tender process as the Town does not have sufficientresources to undertake works of this magnitude, therefore what wouldbe the cost of employing a construction contractor?

Q6. Project Management and Contract Administration functions will beundertaken by the Town’s Engineering Staff. Does this now explain whynew staff positions have been created over the past 12 months to coverthis car park. How many additional staff have been employed by theTown of Cottesloe over the past two years.

Q7. Given an Engineering Officer earns around $140,000 per annum whatwould be the hidden cost from staff time from the car park?


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Q8. Car Park One on the foreshore cost in the vicinity of $50,000 toresurface last year. It is clear that North Cottesloe Primary School carpark will cost ratepayers far more than the cost of Car Park One, whichis a facility that is used by everyone and not just a handful of entitledparents using safety for their own ends. I conclude it would be foolish toproceed with community consulation without these stats being knownand we ask Councillors to please withdraw this agenda item until thequestions have been answered.

A1. With regards to the cost, at the moment, we’re only dealing with aconcept. Until we’ve undertaken geotech investigations and had finalengineering designs, we can’t give an accurate cost. We’re constrainedat the moment in that we’re being asked to consult with the communitybefore we have undertaken that technical - that’s why as officers we’verecommended to go to consultation to see if there’s community supportfor this project or not before undertaking that detailed engineeringdesign.

A2. With regards to the funding from both Main Roads and the EducationDepartment WA, again, until we know the final costs and what theengineering investigation results tell us, we won’t know exactly what weare asking for but the indications from the State Government are thatwe would need a firmed up concept that has community support, priorto them entertaining discussions with us around funding.

A3. Until we’ve undertaken the community consultation and we knowwhether or not it’s supported, we will not be able to give a clearindication of what funding is available.

A4. With regards to the reserves – it will be a decision for Council at thetime, once we know what the final cost will be, and any availablefunding. Council will need to make a decision on whether or not theproject proceeds. At the moment, we’re not at that point, we’re at apoint where we’re asking Council to consider consulting with thecommunity on the concept alone.

A5. With regards to the construction contractor and the cost, theconstruction contractor would be paid for out of the budget – it’s anormal thing for a Council of our size to have to engage contractors tobuild roads. Our works crew is constrained to maintenance operations –we don’t maintain the equipment and staff required to undertake majorcivil works.

A6. With regards to the staff positions – there are two additional staffpositions at the Town at the moment, one being a Project Engineer andone being a Strategic Planner. Both of those positions are considerednecessary by the Council at this time, as we have a significantinfrastructure backlog, both at the foreshore and within the TownCentre and we have a number of strategic planning issues that need tobe attended to.


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A7. We haven’t actually hired any additional staff for this car park directly,however the Project Engineer and the Manager Engineering Serviceshave been working on these projects, but that would be considerednormal for a local government project of this kind.

A8. With regards to the comparison of Car Park One and the $50,000 theTown spent on Car Park One – that $50,000 was literally to fix potholesand bitumen stripping that occurred in Car Park One, it wasn’t an entireresurface. The last time we obtained a price to resurface Car Park One, itwas in the order of $270,000.

The following Standing Order 8 Questions were asked at the conclusion of item 5 PublicStatement Time.

Standing Order 8 Questions – Submitted by Cr Tucak via email 23 July 2019

Q1. Has the Town publicised (for the benefit of ocean swimmers who swim south toCottesloe & around the Pylon (or to the Groyne) or swimmers who swim north fromCottesloe around the Pylon) that the Shark Barrier will fully enclose the Pylon by asignificant distance, and all but the exposed seaward tip of the Groyne?

Q2. How will the Town be publicising the Shark Barrier’s specific placement or locationprior to it being installed in October 2019?

Answer to Q1 and Q2

The Town has actually undertaken promotion and publicity on the proposed shark barrier. Ithas been quite extensively covered both in local and statewide press. The Town has madeavailable indicative drawings where the barrier will be placed on its website and they werepicked up by a number of media agencies both locally and statewide.

Once the Town has the permits that are required to place the barrier the Town will havesignage directly on the beach where the barrier will come ashore and provide an internetaddress for people to go to that will provide information on when it will be installed andwhen it will be taken down each year.

5 PUBLIC STATEMENT TIME

Mr Trent Will from Planning Solutions – 1/125 St Georges Tce, Perth – Item 10.1.1

We act on behalf of the owners of 5 Warton Street, Cottesloe in relation toitem 10.1.1.

I made a statement at the agenda forum held last week. Two objections havecome to light since that meeting.

This is a three storey apartment development, replacing an existing threestorey apartment, so like for like in terms of storeys.

Wall height is slightly greater, but total height is below the ridge of theroofline.

In terms of its context, there are three storey developments directly adjoiningthe site.


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The site is opposite the Wearne Site where a development of up to fourstoreys is permitted.

We believe the development in terms of its bulk and scale is entirelyreasonable in its context.

In terms of excavation, I would emphasise, the developer is happy to providea dilapidation report to the adjoining owners.

As outllined in the officer’s report the proposed development does require adesign principle assessment against some aspects of the r-codes.

Each of these aspects involves quite minor departures from the deemed-to-comply requirements.

Each of the variations have been assessed against the design principles andthey have been deemed to meet these principles by the officers.

On this basis, we respectfully request that you grant approval for theapplication tonight as per the officer’s recommendation.

Mr William Clements – 16 Victoria Street, Mosman Park – Item 10.1.1

The letter from EF Clements to Mr Drewett was delivered to the CottesloeCouncil on the 12 July 2019 , which was the last day for objections and washanded to the counter staff who were requested to give it to Mr Drewett.

Number 7 Warton Street is a one storey house with a garage beneth facingWarton Street.

Above the garage is the lounge room and veranda.

The lounge room and veranda are approximately 1.3 metres above the floorlevel of the rest of the house.

Number 7 Warton Street is not a two storey house as described by theApplicant in his application, it’s essentially a one storey house.

The proposed new building at number 5 Warton Street is substantially largerand occupies more space than the existing building.

It’s true that it’s the same height but the setbacks on the existing building arevery large.

There’s now going to be a proposed eight units, which are quite large units, asopposed to 10 units before, which were quite small units, so while there areless units those units will occupy more of the block.

Being far larger than the existing building the propsoal should not be allowedas it is not compliant with section 5.3.5 (b) of the Cottesloe Town PlanningScheme No. 3.

Mr Luke Matthews – 9 Warton Street, Cottesloe – Item 10.1.1

Primary concern is the report attached to the agenda made reference to thefact that 60 copies were sent to adjoining owners and there were noobjections.


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I’m two doors up and I didn’t receive any notification.

I had planned to put through a five page document.

I sent an email to Councillors today and just wanted to ensure Councillorswere aware that there was an objection.

Mr Lachlan Bissett – 28 Forrest Street, Cottesloe – Item 10.1.3

We are very pleased with the new recommendation to defer this matterrelating to our Store and open it up to community consultation.

We look forward to more communication between our team of consultantsand the Town’s executives and any Councillors who should wish to getinvolved.

I’d like to invite you personally to meet with Craig, myself or any of ourrepresentatives to discuss the proposal and I’d like to make it clear that ourgoal is to work together to find a solution.

We also endorse the recommendation to allow the residents around us tohave a say, even though there may be some detractors, as it’s important thateverybody’s voice is heard.

Mr Jack Walsh – 35 Grant Street, Cottesloe – Item 10.1.4

Consultation to be replaced by ‘engagement’ would make sense if notice wastaken of the community aspirations.

Consider the Railway Street development when the Council handed control ofthe WAPC before community consultation/engagement.

Consider the question of an ocean pool – the first public meeting showedstrong opposition to an ocean pool from the crowd that filled the JarrahRoom.

Regardless, the Elected Members are now suppotive of a pool – Forrest poolor otherwise, with little concern for any cost to Cottesloe, including theconstruction or ongoing operations of a pool, or its effect on public beachspace.

Consultation since that first meeting has very much been “which pool do youwant” with only a throwaway “do you want an ocean pool?”

A few points of the engagement process:

“3.1 INCLUSIVENESS. As I read the key principles, they seem to be all things forall people – e.g. “affected groups and interested parties will be given equalopportunity to participate” and “Council will actively seek out people forconsultation” and “will encourage participation of people affected by orinterested in a decision” but really you should be encouraging input from allresidents equally. For example, school traffic discussions are focused onnearby residents, when all Cottesloe residents have trouble passing the schoolparticularly at pick up/drop off times.


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3.2 Then reality rises up under the heading FOCUS with: “Will be purpose-driven”, which is really short for – ‘will get the desired result’ as in exampleswhen council consultation listed only council’s preferred options, such as –“which of the four pools, or four Indiana proposals do you prefer?” Not – ‘doyou support or not support any of the above?’ ‘FOCUS’ continues – “methodswill be appropriate to the task?” and “will ensure council ownership of theconsultation” which is basically, ‘push consultation to achieve the desiredresult’.

3.3 RESPONSIVENESS wants all decisions in the hands of the council in theend, regardless of the majority of residents’ aspirations.

3.4 PROVISION OF INFORMATION supports the non-discslosure so readilyapplied by this council in matters described as commercially sensitive andconfidential because, I’ve heard it said, ‘we are deciding we may call fortenders at a later date’, when in fact absolutely no financial parameters are inplay.

Summing up basically comes down to the setting out in TABLE 3 in 6.2 of whatthe proposed consultation process should be and listing 66 boxes of whatshould happen as consultation.

14 types of consultation happen every time, mostly at low levels ofengagement with residents.

Mr Jack Walsh – 35 Grant Street, Cottesloe – Item 10.1.3

When Council approved the current non-conforming use in 2003, Council wasvery supportive of Frederick and agreed to what he wanted.

He was satisfied with the current kitchen and serving area but had he wantedmore commercial space there, the Council at the time, would certainly haveapproved it.

Our only concern at that stage was for the hours of service, given that it wasbeing set up in a residential area, and particularly that it would not be openafter 9pm.

Given the past history of that building, Council back then saw no problem andhad no legal problem with approving the non-conforming use for the site and Isuggest that what’s now being asked for can be very easily approved in acontinuing, non-conforming use.

Mr Kyle Bradley – 18 North Street, Cottesloe – Item 10.1.3

Mr Bradley was speaking on behalf of his mother, Julie Bradley who livesacross the street from the North Street Store (NSS).

Mr Bradley outlined the points raised by Mrs Bradley in a written statementprovided prior to the meeting as follows:

Her opposition to the NSS application for retrospective planning approval.


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Objected to the unauthorised usage of the site since the shop opened andimplored the Town of Cottesloe (TOC) to immediately cease its operations.

This illegal action by the proprietors is setting a strong, and well publicized,precedent for the area.

The NSS is causing ongoing problems and stress to local residents. Theproprietors have implied to residents and customers that they are operatingwithin their trading rights.

They have used in excess of the 70m2 they are entitled to.

They have caused undue adverse impact on the amenity of the locality andthey havenot taken preventative measures in doing so. Refer to Town ofCottesloe Local Planning Scheme No. 3 Extracts from p2768 and 2768, whichdefines exactly what they are able to do.

Key points to note is the 70m2 and also that the shop should not be used as afast food outlet.

We have therefore been tolerant and we now realise we should havechallenged, in particular, I refer to the impact on our family’s safety, healthand lifestyle.

This is mainly due to the ongoing, and unrelenting parking and traffic problemresulting from the non-confirming use of the property.

This includes close to 24 hour use of the site with it operating as a commercialbakery as well as a takeaway food store.

With the large volume of staff, customers and deliveries in our residentialstreet.

Our residential lifestyle has been significantly hindered by this business.

The property is zoned as a shop, but is operating as a fast food outlet andrestaurant.

We continue to see more than the allowed number of dining chairs out thefront of the shop.

We question the use of the front yard and the residential entry porch as adining area.

The number of tables and chairs provided in both of these areas is concerningfor a takeaway venue.

In conclusion, as per the Planning and Development Act 2005 for the Town ofCottesloe Local Planning Scheme No.3, 16 North Street is listed as a shop andthe land usage does not permit operation as a fast food outlet. Therefore, itshould not be allowed to do so.

The North Street Store has caused adverse impact on the amenity of thelocality and has not taken appropriate preventative actions.


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Our requests to the proprietors over the period of its operation have not beenacted upon.

We ask that the Town of Cottesloe enforce the proprietors to operate insidetheir planning guidelines.

Ms Gabrielle Gill – 63 Eric Street, Cottesloe – Item 10.1.11

Speaking about the issues I’m having with the pine tree and the damage thatit’s causing.

Thanked the Councillors that came to site recently and looked at the issues.

The officer’s report from March 2018 is incorrect, no concrete has put in thattrench and the tree canopies are touching and the other trees are bowing.

Simply, the big pine tree is just in the wrong place, nobody’s fault, it’s just inthe wrong place.

The damage is the problem, I’ve never had a problem with the northern light,as it says in the officer’s report and I’m not sure why he put that in there.

The damage is ongoing. Apart from the wall, both of my neighbours areaffected now as well.

There are three pines in total on my verge, the biggest is heading towards thehouse.

The root that I sent a portion of to the Royal Brittancial Gardens in Sydney inAugust 2017 is very close to my verandah.

The arborist that I asked to come and look at it was very surprised that theroot was that far advanced into our property.

Relocation is still an option with this pine tree. The arborist has told meverbally that they’re still interested in this option so could you please explorethat option.

When I asked for removal, I also mentioned transplantation.

Removal should also mean to have the option of relocation or transplantationas a reasonable alternative.

Eventually that pine tree will be the size of the one in Broome Street.

Ms Sonia Belle-Wood– 20 Napier Street, Cottesloe – Item 10.1.15

Representing North Cottesloe Surf Life Saving Club as senior ambassodor fortheir newly launched health and sustainability program for ‘Take 3 for the Sea’

First WA Surf Living Saving Club to take part in the program

Invitation to Town of Cottesloe to participate

Club is keen to ensure an ongoing relationship related to environmentalsustainability issues (with ToC)

Confident the initiative will see cost savings in waste collection


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At this point in the meeting, Cr Tucak asked the Standing Order 8 Questions he hadsubmitted via email. The questions and responses are recorded at the conclusion of item 4.2Public Questions.

6 ATTENDANCE

Elected Members

Cr Mark Rodda (Presiding Member)Cr Michael TucakCr Helen SadlerCr Lorraine YoungCr Rob ThomasCr Melissa Harkins

Officers

Mr Mat Humfrey Chief Executive OfficerMr Garry Bird Deputy Chief Executive OfficerMs Freya Ayliffe Manager of Compliance and Regulatory ServicesMr Shaun Kan Manager Engineering ServicesMr Ed Drewett Coordinator Statutory PlanningMs Ann-Marie Donkin Governance Officer

6.1 APOLOGIES

Cr Sally Pyvis

Officers Apologies

Nil

6.2 APPROVED LEAVE OF ABSENCE

Mayor Philip Angers

6.3 APPLICATIONS FOR LEAVE OF ABSENCE

Nil

7 DECLARATION OF INTERESTS

Cr Sadler declared a FINANCIAL INTEREST in item 10.1.3Cr Harkins declared an IMPARTIALITY INTEREST in item 10.1.15Cr Tucak declared an IMPARTIALITY INTEREST in item 10.1.1, 10.1.3 and 10.1.11Cr Tucak declared an IMPARTIALITY INTEREST item 10.3.1Cr Tucak declared an IMPARTIALITY INTEREST item 13.1.1

8 CONFIRMATION OF MINUTES

Moved Cr Harkins Seconded Cr Thomas


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That the Minutes of the Ordinary Meeting of Council held on Tuesday 25 June2019 be confirmed as a true and accurate record subject to the inclusion ofCr Tucak’s declaration of Impartiality interest in agenda items 10.1.1 and 11.1.

Carried 6/0

9 PRESENTATIONS

9.1 PETITIONS

Nil

9.2 PRESENTATIONS

Nil

9.3 DEPUTATIONS

Nil

For the benefit of the members of the public present, the Mayor announced that items10.1.1, 10.1.7, 10.1.8, 10.1.11, 10.1.12, 10.1.13, 10.1.14, 10.1.15, 10.1.16, 10.1.17, 10.3.1,11.1, 13.1.1, 13.1.2 have been withdrawn for discussion. All other items will be dealt with enbloc.

Due to the items of interest to the members of the public present, Councillors’ agreed tochange the order of business in the agenda to allow the following items to be dealt with inthe following order; 10.1.3, 10.1.1, 10.1.11, and 12.2.

At the conclusion of item 12.2 business resumed in sequence from 10.1.7 of the agenda.


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10 REPORTS

10.1 REPORTS OF OFFICERS

PLANNING

10.1.1 LOTS 4, 5 & 301 (5) WARTON STREET - EIGHT MULTIPLE DWELLINGS

File Ref: SUB/2798Applicant(s) Proponents: Planning SolutionsAttachments: 10.1.1(a) Submission - 5 Warton Street - Eight Multiple

Dwellings [under separate cover]10.1.1(b) Amended Plans - 5 Warton Street - Eight

Multiple Dwellings [under separate cover]10.1.1(c) 5 Warton Street, Cottesloe - DRP Minutes - 13

June 2019 [under separate cover]Responsible Officer: Mat Humfrey, Chief Executive OfficerAuthor: Ed Drewett, Coordinator Statutory PlanningAuthor Disclosure of Interest: Nil

Councillor Disclosure of Interest

Cr Tucak declared an IMPARTIALITY INTEREST in this item by virtue “On the basis of theresidents or applicants are known to me”.

For the benefit of the public in attendance, this item was dealt with at the conclusion of item10.1.3

SUMMARY

A planning application has been received for a three-storey residential developmentcomprising 8 multiple dwellings (two, two-bedroom apartments and six, three-bedroomapartments), with a private roof terrace for three of the apartments and basement levelparking, accessed via a car lift. It will replace a three-storey building which comprises 10multiple dwellings.

Given the assessment that has been undertaken, the recommendation is to conditionallyapprove the application.

BACKGROUND

Zoning MRS: Urban

LPS: Residential R30

Use Class: D - (means the use is not permitted unless thedecision-maker has exercised its discretion by grantingplanning approval).

Development Scheme: Local Planning Scheme No. 3

Lot Size: 840m2

Existing Land Use: Multiple dwellings


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Value of Development: $4M

Owner: Essie Doris Stokes

Above: Site location plan

STRATEGIC IMPLICATIONS

There are no perceived strategic implications arising from the officer’s recommendation.

POLICY IMPLICATIONS

There are no perceived policy implications arising from the officer’s recommendation.

STATUTORY ENVIRONMENT

Planning and Development (Local Planning Schemes) Regulations 2015;

Local Planning Scheme No. 3;

Residential Design Codes.

FINANCIAL IMPLICATIONS

There are no perceived financial implications arising from the officer’s recommendation.

STAFFING IMPLICATIONS

There are no perceived staffing implications arising from the officer’s recommendation.


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ENVIRONMENTAL SUSTAINABILITY IMPLICATIONS

There are no perceived sustainability implications arising from the officer’srecommendation.

CONSULTATION

The application was advertised to 60 adjoining owners and occupiers. Advertising was for14 days and closed on 12 July 2019. No submissions were received.

DESIGN REVIEW PANEL

The application was supported by the Town’s Design Review Panel at its meeting held on11 June 2019. The Panel members considered that the proposed 3-storey developmentwould contribute to the streetscape, was of good architectural design, and met all theprovisions of clause 5.3.5 in Local Planning Scheme No. 3 for its density and storeys to besupported by Council.

OFFICER COMMENT

The existing development at 5 Warton Street comprises 10 multiple dwellings in a 3-storeybuilding.

Above: Existing development

The proposed development comprises 8 multiple dwellings in a 3-storey building.


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Above: Proposed development (from applicant’s submission)

The table below is a summary of the planning assessment of the proposal against theprovisions of Local Planning Scheme No. 3 and the Residential Design Codes.

Where the proposal requires the exercise of discretion, the relevant planning element isdiscussed in the section of the report following this table.

Planning assessment Meets deemed-to-complyprovisions

Requires exercise of discretion

Density Storeys Street setback Lot boundary setbacks Open space Street surveillance Street wall and fences Sightlines Outdoor living area Landscaping Visitor Parking Vehicle Access Privacy Solar Access Site Works Retaining Walls Utilities and Facilities


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Local PlanningScheme No. 3

Density and Storeys

Permitted Maximum 2.8 units and two storeys based on the Residential R30 zoning,although this may be increased subject to the development satisfyingclause 5.3.5 of Local Planning Scheme No. 3 which states:

Despite anything contained in the Residential Design Codes andnotwithstanding the density codes shown on the Scheme Map, existinggrouped dwellings or multiple dwellings that exceed a density codeshown on the Scheme Map at the Gazettal date of the Scheme can,with the approval of the local government, be redeveloped at a densityhigher than that shown on the Scheme Map, equal to, but notexceeding the existing built density, subject to the proposeddevelopment –

a) complementing the character of the streetscape;

b) not detrimentally increasing the mass, scale or surface area of thedevelopment relative to existing development on surroundingproperties;

c) resulting in improved landscaping of the land;

d) providing adequate and safe means of vehicular and pedestrianaccess to the land; and

e) providing an adequate number of car parking spaces on the land.

Furthermore, and notwithstanding any other clause in this Scheme, fordevelopments under this clause within the Residential and ResidentialOffice zones, the local government may approve the development witha building height one storey higher than the maximum building heightthat would otherwise be applicable to the development in accordancewith Table 2 if, in the opinion of the local government, the originalnumber of dwellings (and their replacement plot ratio) cannot beappropriately accommodated on the lot without an increase inbuilding height.

Applicant’sproposal

8 units (to replace 10 units).3 storeys (to replace 3 storeys).

Applicant’s commentThe applicant’s submission includes the following comments to address each of the criteriaunder clause 5.3.5:

a) Complementingthe character of

The proposed development is considered to make an excellentcontribution to the streetscape. The key design outcomes include:

Matters to be consideredby local government

Bushfire riskmanagement


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the streetscape Good passive surveillance: 5 dwellings have an outdoor livingarea and/or major openings which offer passive surveillanceto Warton Street.

Landscaped street setback area: The proposal seeks toprovide a subtle vehicular access point with a vehicle liftbeing used to access the basement carpark. This ensures thedevelopment is not dominated by garages and car parking.Additionally, the front setback area and the verge arepresented with high quality landscaping which offer anattractive interface between the development and the street.

Design: The design takes cues from the Cottesloe history andcoastal theme and closely responds to the character of thelocality. An architectural design report is provided whichoffers further details about the design consideration andstreetscape outcomes.

b) Not detrimentallyincreasing themass, scale orsurface area ofthe developmentrelative toexistingdevelopment onsurroundingproperties

Both the existing and proposed developments are 3-storeys inheight. The proposed development has a wall height which isapproximately 1.3m higher that the existing development.However, the pitch of the roof of the existing development isapproximately 0.7m higher than the proposed development.Although it is difficult to compare the bulk and scale of aconcealed roof and pitched roof development, it is not consideredthat the proposed development represents a ‘detrimental’increase in scale. The outline of the existing development isshown on the elevations such that the mass and scale of thedevelopment can be compared.


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Above: Elevations showing outline of existing building againstproposal

The proposed development maintains a compliant building heightand compliant side and rear setbacks. Furthermore, the designproposes to excavate along the eastern side boundary such thatthe development presents as two and a half storeys to the easternside boundary. This reduction in floor level serves to reduce theimpact on the 2-storey single house to the east.

The overall mass and scale is considered appropriate for itscontext. The adjoining dwellings to the east and west on WartonStreet are both 2-storey single houses. One additional storey isnot considered to result in an undue impact on these propertiesand does not represent a stark increase to the prevailing buildingheight on Warton Street.

Above: Existing building heights in locality

When considering the context at the rear of the site, it is notedthat there are two, 3-storey apartment developments which sharea boundary with the subject site. The proposed development isconsistent with the scale of these developments.

c) Resulting inimprovedlandscaping of theland

The existing development predominately comprises lawn in thestreet setback area with some small-medium bushes and trees.Behind the street setback area, the existing development haslimited landscaping other than a rear lawn.

The proposed development includes a landscape architectdesigned garden within the street setback area. It includes avariety of elements including low level landscaping, elevatedgarden beds, a small ‘entry’ courtyard with seating and smallnative trees. Similarly, the rear boundary setback area is lined


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with deep soil landscaping which add a high level of amenity tothe rear courtyards. Lastly, there are a series of small trees inplanters proposed on the rooftop which will assist in providingamenity to future residents. It is considered the proposedlandscape design offers a significant improvement to the existinglandscaping on the site.

Above: Proposed ground floor landscaping(from applicant’s submission)

Above: Proposed roof garden(from applicant’s submission)

d) Providingadequate and safemeans ofvehicular andpedestrian access

Vehicular access is provided via Warton Street; given this is theonly available access point. All parking is located underground andis accessed via a car lift. The car lift is designed to be safe and easyto use. The car lift ensures car parking is not visible from thestreet, maximising the area available for landscaping.


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to the land Pedestrian access is available to the main lobby, connecting theWarton Street footpath. ‘Wayfinding’ techniques are used todirect visitors to the entry.

e) Providing anadequate numberof car parkingspaces on theland

The proposed development includes at least two parking bays foreach dwelling plus one visitor bay. The total number of car baysexceeds that required by the R-Codes.

Staff commentThe proposed development is of a high quality design that will enhance the streetscape,have all its parking bays, storage and bin areas located in the basement out of view fromthe street, use external materials and finishes that have been carefully chosen to respectthe history of the area, and it will improve the current landscaping on the site and verge.Also, the proposed number of apartments will be less than that existing, thereby reducingthe density closer to the R30 zoning of the site and its building height will be lower that theexisting pitched roof.

The Design Review Panel was supportive of the development and its density and storeyscan be approved under clause 5.3.5 of Local Planning Scheme No. 3.

Local PlanningScheme No. 3

Street setback

Permitted Minimum 2m, averaging 4m. However, clause 5.3.7 in LocalPlanning Scheme No. 3 states:

Despite anything contained in the Residential Design Codesto the contrary, in the case of areas with a residential densitycode of R30, the local government may require an R20 frontsetback of 6m to be applied, for the preservation ofstreetscapes, view corridors and amenity

Applicant’s proposal Front setback ranging from 4m to 7m

Applicant’s commentStreetscape: The proposed development will make a valuable contribution to the Warton Street

setback; Five of the 8 units have balconies or openings facing the street, resulting in good

opportunities for passive surveillance and neighbourly interactions; The façade of the development includes strong articulation with a variety of colours

and materials which represent local history and character; Landscaping in the front setback and street verge will replace existing concrete with

high quality landscaping; The setbacks are consistent with the Local Planning Policy adopted for the Wearne

redevelopment which allows a setback of 4.5m to walls and 2.5m to balconies


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fronting to Warton Street.View corridors: The property that has the potential to be most impacted by views is 7 Warton Street

which currently enjoys views from the upper floor front balcony towards the ocean; The existing dwelling is setback 7.7m from the Warton Street boundary which far

exceeds the permissible R30 setback; If the proposal is compared with a theoretical compliant development at the R20

code, which if averaged would allow a minimum setback of 3m averaging 6m, thiswould result in a development having a greater impact on views.

Above: Comparison of view corridor impact between the proposed development and atheoretical R20 setback (from applicant’s submission)

Amenity It is proposed to replace 10 units with 8 new apartments in a design style which

contributes to the character of the locality and offers benefits such as passivesurveillance and landscape quality;

The proposed setback is considered to present a high quality interface with the street,limits the impacts on view corridors from neighbouring properties, and is notconsidered to have any undue impact on the amenity of the locality.

Staff comment

The front elevation of the proposed development is articulated to provide a front setbackof 7m to both the 1st and 2nd floors nearest the eastern and western boundaries (bed 1).This will assist in reducing perceived building bulk on adjoining properties and allows forgreater ocean view corridors to be preserved to eastern neighbouring propertiescompared to a development with a front setback of minimum 2m, averaging 4m that ispermitted under the deemed-to-comply provisions of the R-Codes.

If the eastern neighbouring property is redeveloped in the future then there will be anopportunity for similar front setbacks to be applied thereby affording the ownersincreased ocean view.


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The development was supported by the Design Review Panel and can be approved,having regard to clause 5.3.7.

ResidentialDesign Codes -Open Space

Deemed-to-complyprovision

Design principles

Requirement Minimum 45% Development that incorporates suitableopen space for its context to: Reflect the existing and/or desired

streetscape character or as outlinedunder the local planning framework;

Provide access to natural sunlight for thedwelling;

Reduce building bulk on the site,consistent with the expectations of theapplicable density code and/or asoutlined in the local planning framework;

Provide an attractive setting for thebuildings, landscape, vegetation andstreetscape;

Provide opportunities for residents to usespace external to the dwelling foroutdoor pursuits and accesswithin/around the site; and

Provide space for external fixtures andessential facilities.


41.3%

Applicant’s commentThe proposed development is situated centrally on the lot which enhances access tosunlight and ventilation to both the dwellings and their outdoor spaces.

There is landscaping proposed along the front, rear and western side boundaries of theproperty, providing an attractive setting for the building and generally enhancing theamenity of the development.

The majority of open space around the building is ‘useable’ or offers some sort ofamenity to the residents. For example, the front and rear setbacks are utilised as outdoorliving areas and the side setbacks are either landscaped or used as clothes drying areas.

All outdoor living areas are significantly larger than the minimum area required by theRCodes, fulfilling the residents’ need for open space and providing residents with greateropportunities to utilise outdoor space. Residents also have access to public open spacebeing within close proximity with the foreshore, less than 100m to the west.


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Staff commentThe proposed development will have 41.3% open space, in lieu of a minimum 45%required to satisfy the deemed-to-comply provisions of the R-Codes. This equates to a31m2 difference or 3.7% shortfall. However, the calculated open space does not includethe proposed roof deck as this is not allowed to be included as open space in LocalPlanning Scheme No. 3, although in reality the roof deck will provide additional openspace and landscaping for the occupants of the upper floor apartments.The applicant has satisfactorily addressed the relevant design principles in the ResidentialDesign Codes for the reduced open space to be supported, and the Town’s Design ReviewPanel was satisfied that the shortfall would not appear detrimental to the developmentor the streetscape.

Residential DesignCodes - Streetwalls & fences


Design principles

Requirement Front fences within theprimary street setback areathat are visually permeableabove 1.2m of naturalground level, measuredfrom the primary streetside of the front fence.

Front fences are low or restricted inheight to permit surveillance andenhance streetscape, with appropriateconsideration to the need for:• attenuation of traffic impacts where

the street is designated as a primaryor district distributor or integratorarterial; and

• necessary privacy or noise screeningfor outdoor living areas where thestreet is designated as a primary ordistrict distributor or integratorarterial.


Solid fencing in front setback ranging from 1.2m to 1.8m in height.

Applicant’s commentThe proposed solid walls are strategically located to provide privacy to the front courtyardof Apartment A1 ranging in height from 1.2m on the east side to 1.8m on the west side.A solid wall is proposed around the fire booster to insure it is screened from the street.Surveillance is maintained between the development and the street from the upper floornorth-facing units and from the ground floor entry courtyard.

The proposed fencing design is a development outcome that provides definition to theentry points and it will assist in ‘wayfinding’ to the entry points.Staff commentThe proposed solid fencing in the front setback area partially exceeds 1.2m in height butthe development has been designed to allow passive surveillance of the street from thenorth-facing upper level apartments, and the curved design of the front walls will beintegrated with landscaping to reduce their visual impact to the street.

The Design Review Panel was supportive of the solid sections of wall in the front setback


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areas, and it is supported under design principles.

Above: Architect’s perspective of front walls and landscaping

Residential DesignCodes – Outdoorliving areas


Design principles

Requirement Each multiple dwelling isprovided with at leastone balcony or theequivalent, openingdirectly from a habitableroom and with aminimum area of 10m2and minimum dimensionof 2.4m.

Balconies or equivalent outdoor livingareas capable of use in conjunctionwith a habitable room of eachdwelling, and if possible, open towinter sun.

Applicant’s proposal The outdoor living areas to Apartments C1, C2 and D1 do not havedirect access from a habitable room, but are accessed viaindividual stairways adjacent to the kitchen areas.

Applicant’s commentThe upper floor apartments have large roof terraces open to winter sunlight with stairwayaccess that is considered conveniently located, being approximately two steps from theentry to the kitchen areas and centrally located in each apartment allowing frequent use bythe occupants.


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Staff commentThe private roof deck terraces appear quite large allowing them to be more functional thanmany smaller designed balconies to individual apartments. They will also have a pergolaroof which will provide some shade whilst still being a minimum 0.3m below the maximumpermitted building height of 11.5m.

The individual stairway access from each apartment is only up one level and is capable ofuse in conjunction with the main residential areas. The roof access was supported by theDesign Review Panel, and it is supported under the design principles of the ResidentialDesign Codes.

Above: Plan showing stairs next to kitchen areas to provide access to roof-terraces

Above: Plan showing 3 proposed private roof terraces for the upper floor apartments


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Residential DesignCodes – Design ofparking spaces


Design principles

Requirement Visitor car parking spaces: marked and clearly

signposted as dedicatedfor visitor use only, andlocated close to, orvisible from, the point ofentry to thedevelopment andoutside any securitybarrier

Car, cycle and other parking facilitiesare to be designed and located on-siteto be conveniently accessed, secure,consistent with the streetscape andappropriately manage stormwater toprotect the environment.

Applicant’s proposalVisitor bay in basement, accessed via car lift.Applicant’s commentThe location of the visitor bay in the basement will be easily accessible to visitors who willuse an intercom at the entrance to the car lift to request access to the car lift.

Staff commentThe proposed development requires one visitor bay to satisfy the deemed-to-complyprovisions of the Residential Design Codes. This is being provided in the basement and willbe accessible via a car lift. In addition, the basement has 18 car bays proposed, which is8 bays more than the minimum required for the proposed development under theResidential Design Codes. An area will also be set aside for vehicle turning.

The provision of an intercom at the entrance to the car lift to allow visitors’ access appearsacceptable as these will all be privately-owned apartments and it is not unusual to have allparking in a secure, but easily accessible area. It also enables the street setbacks area andthe verge to be landscaped, rather than having to have a parking hardstand.

The Design Review Panel was satisfied with the basement parking arrangement and likedthe idea of additional landscaping in the street verge. The visitor bay in the basement issupported under design principles.


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Above: Proposed basement parking

Above: Proposed landscaping, including street verge (subject to separate approval)

Residential DesignCodes - Visual privacy


Design principles

Requirement 4.5m cone of visionfrom bedroom windows

Minimal direct overlooking of activehabitable spaces and outdoor livingareas of adjacent dwellings achievedthrough: building layout and location; design of major openings; landscape screening of outdoor

active habitable spaces; and/or location of screening devices.Maximum visual privacy to side and


Page 33

rear boundaries through measuressuch as: offsetting the location of ground

and first floor windows so thatviewing is oblique rather thandirect;

building to the boundary whereappropriate;

setting back the first floor fromthe side boundary;

providing higher or opaque andfixed windows; and/or

screen devices (includinglandscaping, fencing, obscureglazing, timber screens, externalblinds, window hoods andshutters).

Applicant’s proposalThe cone-of vision to the north-facing bedroom 1 windows to Apartments B1, B2, C1, C2slightly extends beyond the lot boundary behind the street setback.Staff commentThe cone-of-vison from the proposed north-facing bedroom windows slightly extendsbeyond the lot boundary behind the street setback. However, the area overlooked isvisible from the street and will not result in any significant direct overlooking of activehabitable spaces and outdoor living areas of adjacent dwellings, and is supported underdesign principles.


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Above: Ground floor cone of vision from B1 & B2 facing Warton Street

Above: Upper floor cone of vision from C1 & C2 facing Warton Street

ResidentialDesign Codes -Site works


Design principles

Requirement Excavation or fillingbetween the street andbuilding, or within 3m ofthe street alignment,whichever is the lesser,shall not exceed 0.5m,

Development that considers andresponds to the natural features ofthe site and requires minimalexcavation/fill.

Where excavation/fill is necessary, all


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except where necessary toprovide for pedestrian orvehicle access, drainageworks or natural light for adwelling.

All excavation or fillingbehind a street setback lineand within 1m of a lotboundary, not more than0.5m above the naturalground level at the lotboundary except whereotherwise stated in thescheme, local planningpolicy, structure plan orlocal development plan.

finished levels respecting the naturalground level at the lot boundary ofthe site and as viewed from thestreet.

Applicant’s proposalExcavation along the eastern boundary up to 1.2m below natural ground level.Applicant’s commentThe design has sought to manage the east-west sloping topography of the lot byexcavating the eastern side and leaving the western side at the existing ground level. Ifthe proposal were to balance the cut and fill, the western side of the lot would requirefill which would subsequently increase the height and scale of the building.

The development presents to the eastern side property as a 2 ½ storey building becausethe ground floor is approximately half a storey below the level of the adjoiningproperty. The ground floor apartments have been designed to maintain adequateaccess to daylight and ventilation.

Staff commentThe proposed excavation along the eastern boundary will lessen the overall bulk andscale of the development, particularly to the eastern adjoining property, and it willrespect the sloping natural ground levels of the site. The design was supported by theDesign Review Panel and the excavation is supported under the design principles of theResidential Design Codes.

CONCLUSION

The proposed development has been assessed against the provisions of Local PlanningScheme No. 3 and the Residential Design Codes, and is supported.

The written submission provided by the applicant that included an Architectural DesignStatement, detailed landscaping plans, a Waste Management Plan, a Bushfire Attack Levelassessment, and a Traffic Impact Statement, assisted in enabling a comprehensiveassessment of the proposal by the Town and contributed to the applicant receiving supportfor the development from the Design Review Panel. Furthermore, no objections werereceived from owners and occupiers of neighbouring properties during the advertisingperiod.


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VOTING REQUIREMENT

Simple Majority

OFFICER RECOMMENDATION

THAT Council GRANT planning approval for 8 multiple dwellings on Lots 4, 5 & 301 (No.5)Warton Street Cottesloe, as shown on the plans received 26 June 2019, subject to thefollowing conditions:

1. All construction work being carried out in accordance with the requirements of theEnvironmental Protection (Noise) Regulations 1997.

2. The external profile of the development as shown on the approved plans not beingchanged whether by the addition of any service plant, fitting, fixture or otherwise,except with the written consent of the Town.

3. All water draining from roofs and other impermeable surfaces shall be directed togarden areas, sumps or rainwater tanks within the development site where climaticand soil conditions allow for the effective retention of stormwater on-site.

4. Air-conditioning plant and equipment shall be located closer to the proposeddevelopment than adjoining dwellings, and suitably housed or treated as may benecessary to ensure that sound levels do not exceed those specified in theEnvironment Protection (Noise) Regulations 1997.

5. The existing redundant crossover shall be removed and the verge, kerb and all surfacesmade good at the applicant’s expense to the satisfaction of the Town.

6. A separate application for a new crossover and verge landscaping meeting Councilspecifications shall be submitted for approval by the Town.

7. The existing three lots being amalgamated and a new Certificate of Title being issuedfor the proposed lots prior to occupation.

8. The design and functionality of the vehicle access and bin store shall be to the Town’sspecifications and Australian Standards.

9. The driveway shall include the installation and maintenance of a system to warnentering vehicles of vehicles exiting the basement car park and to allow visitor vehicleaccess, to the satisfaction of the Town.

10. The pergola on the roof terrace shall be unenclosed and covered in a water-permeablematerial or unroofed. Details to be submitted at the building permit stage to thesatisfaction of the Town.

11. A comprehensive Demolition and Construction Management Plan shall be submittedto the satisfaction of the Town prior to the issue of a Demolition Permit and BuildingPermit, and shall address (amongst other things) traffic management and safety forthe street, worker parking, including off-site parking in consultation with and approvalby the Town; and verge and street tree protection.

12. The owner/applicant shall be responsible for producing a comprehensive dilapidationreport, to the satisfaction of the Town, to ascertain and monitor any damage caused toneighbouring properties as a result of the demolition and/or construction works, withcopies being provided to the Town and relevant neighbours in order to consider any


Page 37

repairs required.

Advice Notes:

1. The owner/applicant is responsible for ensuring that all lot boundaries shown on theapproved plans are correct and that the proposed development is constructedentirely within the owner’s property.

2. The owner/applicant is responsible for applying to the Town for a Building Permitand to obtain approval prior to undertaking construction of the development.

3. In relation to this planning approval, the owner/applicant is advised that the Townoperates a notification system for intended demolitions, including letters to nearbyowners/occupiers and a sign(s) on site. The Town sends an initial letter to thoseowners/occupiers, arranges for signage as appropriate, and requests the demolitioncontractor to also provide follow-up notification letters to those owners/occupiersahead of the demolition works to confirm the timing and any other aspects.

4. The owner/applicant is advised that the removal of any hazardousmaterials/substances, including asbestos, is required to be undertaken in accordancewith the relevant regulations and procedures.

5. The owner/applicant is advised that the lots may be required to be amalgamated anda new Certificate of Title be issued prior to the granting of a Building Permit.

COUNCILLOR MOTION AND COUNCIL RESOLUTION

Moved Cr Sadler Seconded Cr Young

That Council DEFER consideration of this item until the 27 August 2019 Ordinary CouncilMeeting.

Carried 6/0

At this point item 10.1.11 was dealt with.


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10.1.2 PLANNING APPLICATIONS DETERMINED UNDER DELEGATION

File Ref: SUB/2798Applicant(s) Proponents: NilAttachments: 10.1.2(a) List of Open DAs for Council Meeting 23 July

2019 [under separate cover]Responsible Officer: Mat Humfrey, Chief Executive OfficerAuthor: Ed Drewett, Coordinator Statutory PlanningAuthor Disclosure of Interest: Nil

SUMMARY

This report provides details of the planning applications determined by officers acting underdelegation, for the month of June 2019.

BACKGROUND

Pursuant to Local Planning Scheme No. 3, Council has delegated its power to determinecertain planning applications to the Chief Executive Officer and the Coordinator, StatutoryPlanning. This provides efficiency in processing applications, which occurs on a continualbasis.

Following interest expressed from within Council, this report serves as a running record ofthose applications determined during each month.



POLICY IMPLICATIONS






CONSULTATION

Nil

OFFICER COMMENT

During June 2019 the following planning applications were determined under delegation:


Page 39

Address Owner Applicant Description DelegationNotice

DateDetermined

45 PearseStreet

Dr G LBarbarich

Tristan PeirceLandscapeArchitecture

Raised pool deck &screening

24/05/2019 06/06/2019

8 BarsdenStreet

P & DDownie

Arcadia DesignStudio

Ground & upper flooralterations andadditions

24/05/2019 10/06/2019

47 BrightonStreet

A Stevens Owner Additions & alterationsincluding additionalgarage length, laundryrelocation and newfront verandah

24/05/2019 11/06/2019

9 FlorenceStreet

P & JHadfield

Debra BrownArchitect

Single storey dwellingwith undercroft garage

24/05/2019 11/06/2019

37 GriverStreet

M J VanWyk

S Klopper Two-storey dwelling 24/05/2019 11/06/2019

5 AndrewsPlace

P J Toll D Bester Two-storey dwelling 24/05/2019 12/06/2019

14 BalfourStreet

J Stewart W Gardner Single-storey rearaddition

31/05/2019 14/06/2019

22 GrantStreet

I P & S GCrockett

ColliereArchitecture

Alterations & additionsto lower ground floor,ground floor and upperfloors

24/05/2019 18/06/2019

Please note that Council will be provided with an up-to-date list of all outstandingDevelopment Applications with the Council Agenda.

VOTING REQUIREMENT

Simple Majority

OFFICER RECOMMENDATION AND COUNCIL RESOLUTION

Moved Cr Harkins Seconded Cr Young

THAT Council receive this report on the planning applications determined underdelegation for the month of June 2019.

Carried 6/0


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10.1.3 LOT 8 (16) NORTH STREET - INCREASED FLOOR AREA TO COMMERCIAL USE

File Ref: SUB/2798Applicant(s) Proponents: Altus PlanningAttachments: 10.1.3(a) Drawings - 16 North Street [under separate

cover]10.1.3(b) Correspondence & Photos - 16 North Street

[under separate cover]10.1.3(c) Applicant Submission - 16 North Street [under

separate cover]10.1.3(d) 16 North Street Legal Advice [CONFIDENTIAL]

Responsible Officer: Mat Humfrey, Chief Executive OfficerAuthor: Ed Drewett, Coordinator Statutory PlanningAuthor Disclosure of Interest: Nil


Cr Tucak declared an IMPARTIALITY INTEREST in this item by virtue of “On the basis of theresidents or applicants are known to me”.

Cr Sadler declared a FINANCIAL INTEREST in this item by virtue of “My son is employedthere”.

Cr Sadler left the Chambers before the commencement of this item at 6:49pm.

SUMMARY

A retrospective planning application has been received to increase the commercial floor areaof the North Street Store from 70m2 to 175m2.

Given the assessment that has been undertaken and legal advice received from the Town’ssolicitors, the recommendation is to:

refuse the retrospective application;

advise the applicant and owners of Council’s decision;

require the unauthorised uses outside the permitted 70m2 to cease and remove theunauthorised on-site parking bays and any other unauthorised structure, all within 60days of the Council resolution; and

failing compliance with this requirement, refer the matter to the Town’s solicitors withinstructions to commence legal proceedings to cease the unauthorised uses on the lot.

BACKGROUND

Zoning MRS: Urban

LPS: Residential R20

Use Class: X - Not permitted

Development Scheme: Local Planning Scheme No. 3

Lot Size: 769.5m2


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Existing Land Use: Various – unauthorised

Value of Development: $80,000

Owner: Longda Property Pty Ltd

Above: Site location map

Above: North Street Store as viewed from North Street


Page 42



POLICY IMPLICATIONS



Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015;

Local Planning Scheme No. 3;


Legal costs will likely be incurred if the matter is referred to the Town’s solicitors to issue adirection for the unauthorised uses to cease.





CONSULTATION

The application has not been advertised as the unauthorised uses operating from the NorthStreet Store are not permitted in the Local Planning Scheme.

BACKGROUND

A report to Council on 24 February 2003 advised that a portion of the building was used as adelicatessen, milk bar, café and/or take-away food shop in various forms since 1945 whenthe building was constructed.

Later it was known as the ‘Prickly Pear Café’, and then it was re-named to ‘Chez Frederick’.The Council report advised that the previous uses were defined as ‘non-conforming uses’ inthe Residential R20 zone under Town Planning Scheme No. 2 and that they could continue tooperate as clause 4.1 of the Scheme stated:

No provision of the Scheme shall prevent the continued use of any land or building forthe purpose for which it was lawfully being used at the time of the coming into force ofthe Scheme (1988).

The plans submitted to Council in 2003 showed that the permitted commercial floor area atthe front of the building was 69.32m2, including a commercial kitchen. The remainder of thebuilding on the site was for residential use.


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In 2014, Local Planning Scheme No. 3 was gazetted and ‘Additional Uses’ were introduced inSchedule 2 of the Scheme.

Clause 4.5 of the Scheme states:

Additional uses

Despite anything contained in the Zoning Table, the land specified in Schedule 2 may beused for the specific use or uses that are listed, in addition to any uses permissible in thezone in which the land is situated, subject to the conditions set out in Schedule 2 withrespect to that land.

Note: An additional use is a land use that is permitted on a specific portion of land inaddition to the uses already permissible in that zone that applies to the land.

Extract from Schedule 2 - Additional Uses (16 North Street - ‘shop’)

On 21 October 2015, the current owners purchased the property and in January 2018 theproprietors contacted the Town to ask whether they could have a bakery at the premises.

The Town’s preliminary advice was that any change to the premises would likely requireplanning approval and will exceed the approved floor area. Furthermore, issues arising fromany alterations may include zoning, parking and amenity, making it unlikely that any changeswill be supported. A copy of Schedule 2 from Local Planning Scheme No. 3 was sent with theTown’s email response so the proprietors were made aware of the planning regulations.

In February 2018, the proprietors put tables and chairs outside the premises and were againadvised by the Town that this required planning approval. The Town also started receivingcomplaints from residents regarding the uses at the premises.

The Town’s Compliance and Health officers have inspected the premises on severaloccasions since February 2018, and on each occasion confirmed that the floor area beingused for commercial use exceeded the maximum 70m2 that was allowed under the LocalPlanning Scheme, and advised the proprietors accordingly.

Parking issues have become an increasing problem in the locality, especially along ElizabethStreet south to Knowles Street and Balfour Street, and Council has previously resolved tosupport ‘no stopping’ areas on the western side of the street to try to address this increasingproblem.


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STAFF COMMENT

On 18 April 2019, a retrospective development application was received to increase thecommercial floor area of the North Street store from 70m2 to 175m2.

Above: Proposed site plan

Above: Proposed floor plan

Proposed Uses


Page 45

An extract from the applicant's proposal advises:

The proposed development seeks to retain the existing approved use as a shop,accounting for use of the house area as office and food preparation areas. Theproposed development is detailed in full in the submitted planning report prepared byAltus Planning, however a brief summary is provided below.

The shop seeks to operate as an old-fashioned local corner store, meeting daily needsof surrounding residents.

The store sells:

Fresh bread and bakery products;

Take-away coffee;

Short-order cooking for breakfast and lunch (e.g. bacon rolls, sandwiches);

Take-away dinner options, and

A limited range of basic cooking provisions (e.g. eggs, milk, flour, garlic, butter,etc.).

The shop seeks to continue to operate between the hours of 8am and 8pm as per theexisting approval.

Legal opinion

The Town sought legal advice regarding the various uses that were the subject of theretrospective planning application and on 2 July 2019 the following comments werereceived:

The use as described in the development application documents and plans attached toyour e-mail is not a "shop" as defined in the Town of Cottesloe Local Planning SchemeNo.3 and therefore is not in accordance with the additional use A3 set out in Schedule 2of LPS3.

The reason for this is that the use involves significant elements of the preparation andsale of food (which includes coffee), in a form that is ready to be eaten without furtherpreparation, and which is intended for consumption off the premises, or in someinstances, on the premises. In my view, the use most likely falls within the definition of"fast food outlet" under Schedule 1 of LPS3, and may also include elements of eitherthe "restaurant" or "industry" use-classes. What is clear, in my view, is that theactivities referred to do not fit within the definition of "shop" under Schedule 1. Inparticular, I note that the definition of "shop" expressly excludes anything falling withinthe definition of "fast food outlet".

The effect of the above is not only that the development application cannot beapproved, but insofar as the application refers to the use being largely unchanged fromthe existing use of the premises dating back 10-15 years, it raises a clear issue as towhether the existing use of the premises is lawful. Under the current provisions of LPS3,it appears not. As the use apparently predates the commencement of LPS3 in 2014 it


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will be necessary to consider whether the existing activities enjoy any non-conforminguse rights under LPS3 (which would also of course provide a basis to at least continuethose existing activities, and perhaps even allow some change of use), but from myunderstanding of the planning history of the site, it seems very unlikely that any non-conforming use rights exist.

In the absence of non-conforming rights, I do not see any way that the use as describedin the development application can be approved without an amendment to LPS3.

Staff Comment

In respect to the last two paragraphs above, the issue of non-conforming use rights appearto have been addressed in the report to Council on 24 February 2003 which referred tovarious food-related uses operating from 69.32m2 in the building and which were allowed tocontinue. However, the unauthorised expansion of commercial uses which is 105m2 largerthan that allowed and includes the attached residential dwelling, the front garden and a newparking area at the rear of the lot, have only taken place since the beginning of 2018 andcannot be approved according to the legal advice.

Parking

Even if the uses were defined as a ‘shop’ (contrary to legal advice) then 8.75 (rounded upto 9) on-site car bays would be required under Local Planning Scheme No. 3, whereas only6 on-site car bays plus a loading bay have been provided, leaving a 3 car bay shortfall.

Council’s Local Planning Policy No. 1 – Planning Matters advises that for a parking reductionto be considered by Council under Schedule 13 of Local Planning Scheme No. 3, the amountthat may be considered is as follows:

- High impact proposals will be ineligible for a parking reduction;

- Moderate impact proposals may be eligible for up to a 10% parking reduction;

- Low impact proposals may be eligible for up to a 20% parking reduction.

In this case, the proposal would likely to be assessed as having a ‘moderate impact’ whichwould make it eligible to just a 10% parking reduction, still leaving a shortfall of 3 on-site carbay when rounded up.

The lack of on-site parking and the apparent popularity of the business to drivers passing-byhave resulted in significant parking difficulties arising outside the premises which isinterfering with residents’ amenity and creating a traffic hazard, especially near theintersection of North Street and Elizabeth Street. The current scale of the business also doesnot constitute orderly and proper planning in the R20 residential zoned area.

CONCLUSION

The unauthorised expansion of the commercial business from 70m2 to 175m2 is notpermitted use under Local Planning Scheme No. 3 and it is creating significant parkingdifficulties in the locality that is affecting residential amenity.


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ADDITIONAL OFFICER COMMENT

Following the Agenda Forum meeting on 16 July 2019, the Town sought further legal adviceregarding the uses occurring at the North Street Café. This advice was provided in an emailreceived 18 July 2019 (refer ‘confidential’ attachment), and the officer recommendation hasbeen changed to allow consideration of the proposal under Clause 4.11 (Extension of orchange to a non-conforming use) in Local Planning Scheme No. 3.

VOTING REQUIREMENT

Simple Majority


Moved Cr Young Seconded Cr Tucak

1. THAT Council DEFER its decision in respect to the retrospective planning applicationfor the expansion of the commercial uses from 70m2 to 175m2 on Lot 8 (16) NorthStreet Cottesloe, as shown in the application received 18 April 2019, to allow theapplication, including the on-site eating area, to be advertised as required underclause 4.11.2 of Local Planning Scheme No. 3.

2. That following advertising, the application be referred back to Council forconsideration under clauses 4.11.3 and 4.11.4 of Local Planning Scheme No. 3.

Carried 5/0

Cr Sadler returned to the Chambers at 6:53pm.

At this point item 10.1.1 was dealt with.


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ADMINISTRATION

10.1.4 COMMUNITY CONSULTATION POLICY REVIEW

File Ref: SUB/2798Attachments: 10.1.4(a) Current Community Consultation Policy [under

separate cover]10.1.4(b) Draft Community Engagement Policy [under

separate cover]Responsible Officer: Garry Bird, Deputy Chief Executive OfficerAuthor: Ann-Marie Donkin, Governance OfficerAuthor Disclosure of Interest: Nil

SUMMARY

The Community Engagement Policy and Guidelines 2019 have been developed inconjunction with the review of the Community Consultation Policy and are now presentedfor Council’s consideration.

BACKGROUND

An Engagement Training and Policy Review workshop was conducted in November 2018 byconsultants Wicked Strategies. The workshop was conducted over seven hours and wasattended by five Elected Members and six staff.

The final session of the day dealt with the Town’s Community Consultation Policy with thegroup asked to consider four other local government area policies to identify priorityelements including pros and cons.

Based on recommendation from the consultants a revision of the current CommunityConsultation Policy was undertaken with the following key recommendations applied;

The Policy is based on the International Association of Public Participation (IAP2)Spectrum, core values and ethics, and noted as such in the policy.

That the term ‘Community Consultation’ is replaced with ‘Community Engagement’ toreflect accepted industry language and IAP2 practice.

The Introduction or Aim is expanded to reflect the Purpose of the Policy andencompass references to decision making, organisational culture and legislation.

The draft Community Engagement Policy was presented to Elected Members at the BriefingForum held 7 May 2019 for feedback.

The Draft Policy was presented to Council at the May 2019 Agenda Forum. Councilrequested that the IAP2 Public Participation Spectrum be included in the Policy and that theSubmission Template be included in the Policy Guidelines and Procedures.

The IAP2 Public Participation Spectrum has been inserted at Item 4 of the Policy – Levels ofParticipation.

In addition, a new section has been created in the Policy Guidelines and Procedures – Item 5Form of Submission. This section explains the pro forma and the need for demographic


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information in Council decision making. A standard form has been created for allengagement activities to gather participants’ personal information following a request fromElected Members. This will form part of the policy’s associated documents and is prefacedwith a privacy statement.


This report is consistent with the Town’s Strategic Community Plan 2013 – 2023.

Priority Area 6: Providing open and accountable local governance

Major Strategy 6.1: Ongoing implementation of Council’s community consultation policy.

POLICY IMPLICATIONS



Local Government Act 1995


Resource requirements are in accordance with the existing budgetary allocation.






CONSULTATION

Elected Members

Given the nature of this Policy and its importance in guiding communication with electors, itis proposed that the Policy be advertised for a period of not less than twenty one days andpublic comment invited.

OFFICER COMMENT

It is the officer’s opinion that requesting detailed personal information may deter some fromparticipating in the Town’s engagement activities. The provision of personal informationshould therefore, remain optional with the exception of the participant’s postcode or wherea specific demographic study is warranted.

Community Engagement policies and associated documents from other local governmentswere used in the revision of the current Community Consultation Policy as a reference point.


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This included the City of Vincent and the Town of Victoria Park. Eastern States localgovernment policies were also used as reference points due to their experience in this area.

Officers felt it to be of no benefit at this time to include a table referencing the minimumrequirements of the Local Government Act 1995 relating to minimum notificationrequirements (Local Public and Statewide) due to the Act being currently under review.

VOTING REQUIREMENT

Simple Majority



That Council ADOPT for the purposes of seeking community feedback, the attached DraftCommunity Engagement Policy, Guidelines and Policy Procedures to be advertised for aperiod of not less than 21 days.

Carried 6/0


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10.1.5 BEACHES AND BEACH RESERVE LOCAL LAW 2012 AMENDMENT - USE OF WIRETRACE

File Ref: SUB/2798Attachments: 10.1.5(a) Draft Beaches and Beach Reserves Amendment

Local Law 2019 [under separate cover]10.1.5(b) Suggested Purpose and Effect for Draft

Amendment Local Law [under separate cover]10.1.5(c) Advice on Draft Amendment Local Law [under

separate cover]10.1.5(d) Advice from the Department of Local

Government [under separate cover]10.1.5(e) Summary of Submissions - Shark Fishing Ban

[under separate cover]Responsible Officer: Mat Humfrey, Chief Executive OfficerAuthor: Elizabeth Nicholls, Senior Administration OfficerAuthor Disclosure of Interest: Nil

SUMMARY

To consider submissions received following advertising a proposed amendment to the Townof Cottesloe Beaches and Beach Reserve Local Law 2012 which would ban the use of wiretrace when fishing on local beaches (a common method used in shark fishing).

BACKGROUND

A Briefing Forum item was presented to Elected Members for consideration in June 2018.

A Request for Quote was drafted seeking to appoint a suitably qualified and experiencedlegal consultant to:

Draft an amendment to the Local Law for consideration of Council

Provide comment on the impact of the proposed amendment and the likelihood ofbeing approved by the State Government.

LSV Borello were awarded the contract to prepare the necessary amendments and provideadvice. The draft local law is attached for the consideration of Elected Members.

At the February 2019 Ordinary Council Meeting, Council considered the proposedamendment to the Local Law and resolved to advertise an amendment to the Local Law thatwould have the purpose and effect of:

Purpose

The Purpose of this local law is to prohibit fishing with a line containing metal within thebeach and beach reserves.

Effect

The Effect of this local law is to amend the Town of Cottesloe Beaches and Beach ReservesLocal Law 2012 and prohibit fishing with a line containing metal within the beach and beachreserves.


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At the February 2019 Ordinary Council Meeting it was resolved as follows:

THAT Council:

1. ADVERTISE the proposed Amendment Town of Cottesloe Beaches and BeachReserve Local Law 2012 (as attached) for a period of not less than 42 days andinvite public submissions in regards to the proposed Local Law.

2. CONSIDER all submissions received at a Meeting of Council after the nominatedclosing date.

3. Report to Council will include all submissions and report whether submissions arefrom Town of Cottesloe residents or ratepayers or others.

4. Submissions without a residential address will not be accepted.

Carried 8/0

Statewide public notice was given of the proposed amendment in May 2019 with publicsubmissions closing on 13 May 2019. A total of 50 submissions were received with 42opposing the proposed ban.




Major Strategy 6.2: Continue to deliver high quality governance, administration, resourcemanagement and professional development.

POLICY IMPLICATIONS

Beach Policy



Local Government (Functions and General) Regulations 1996

Town of Cottesloe Beaches and Beach Reserve Local Law 2001

Fisheries Resource Management Act 1994 - Fish Habitat Protection Area

The Local Government Act 1995 specifies the process to amend a local law is the same as forwhich a new local law is introduced. This process is as follows:

3.5 Legislative power of local governments

(1) A local government may make local laws under this Act prescribing all mattersthat are required or permitted to be prescribed by a local law, or are necessaryor convenient to be so prescribed, for it to perform any of its functions underthis Act.

(2) A local law made under this Act does not apply outside the local government’sdistrict unless it is made to apply outside the district under section 3.6


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(3) The power conferred on a local government by subsection (1) is in addition toany power to make local laws conferred on it by any other Act.

(4) Regulations may set out –

(a) matters about which, or purposes for which, local laws are not to bemade; or

(b) kinds of local laws that are not to be made, and a local governmentcannot make a local law about such a matter, or for such a purpose orof such a kind.

(5) Regulations may set out such transitional arrangements as are necessary orconvenient to deal with a local law ceasing to have effect because the powerto make it has been removed by regulations under subsection (4).

3.12. Procedure for making local laws

(1) In making a local law a local government is to follow the procedure describedin this section, in the sequence in which it is described.

(2A) Despite subsection (1), a failure to follow the procedure described in thissection does not invalidate a local law if there has been substantialcompliance with the procedure.

(2) At a council meeting the person presiding is to give notice to the meeting ofthe purpose and effect of the proposed local law in the prescribed manner.

(3) The local government is to —

(a) give local public notice stating that —

(i) the local government proposes to make a local law the purposeand effect of which is summarized in the notice; and

(ii) a copy of the proposed local law may be inspected or obtained atany place specified in the notice; and

(iii) submissions about the proposed local law may be made to thelocal government before a day to be specified in the notice, being aday that is not less than 6 weeks after the notice is given;

and

(b) as soon as the notice is given, give a copy of the proposed local law anda copy of the notice to the Minister and, if another Minister administersthe Act under which the local law is proposed to be made, to that otherMinister; and

(c) provide a copy of the proposed local law, in accordance with the notice,to any person requesting it.

[(3a) deleted]

(4) After the last day for submissions, the local government is to consider anysubmissions made and may make the local law* as proposed or make a locallaw* that is not significantly different from what was proposed.

* Absolute majority required.


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(5) After making the local law, the local government is to publish it in the Gazetteand give a copy of it to the Minister and, if another Minister administers theAct under which the local law is proposed to be made, to that other Minister.

(6) After the local law has been published in the Gazette the local government isto give local public notice —

(a) stating the title of the local law; and

(b) summarizing the purpose and effect of the local law (specifying the dayon which it comes into operation); and

(c) advising that the local law is published on the local government’s officialwebsite and that copies of the local law may be inspected at or obtainedfrom the local government’s office.

(7) The Minister may give directions to local governments requiring them toprovide to the Parliament copies of local laws they have made and anyexplanatory or other material relating to them.

(8) In this section —

making in relation to a local law, includes making a local law to amend thetext of, or repeal, a local law.

Regulation 3 of the Local Government (Functions and General) Regulations 1996 provides thefollowing:

3. Notice of purpose and effect of the proposed local law – s.3.12(2)

For the purpose of section 3.12, the person presiding at a council meeting is togive notice of the purpose and effect of a local law by ensuring that –

(a) the purpose and effect of the proposed local law is including in theagenda for that meeting; and

(b) the minutes of the meeting of the council include the purpose andeffect of the proposed local law.


The cost to advertise, adopt and submit the proposed amendment is estimated to beapproximately $10,000.

If adopted, the Local Law amendment prescribes penalties for non-compliance.

Council very rarely issues infringements under the powers of this Local Law, and any increaseto the prescribed penalties will have a negligible impact on Council’s revenue.

Depending on the level of policing required by Council of the new ban on the use of wiretrace, additional staff resources may be required.


Rangers will ensure compliance with the amendments if adopted by Council.


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Shark fishing is generally undertaken outside of regular patrol hours, with infrequent patrolsscheduled out of hours at peak times to monitor the activity. Regular additional hours topatrol outside of normal rostered hours would necessitate additional funding from Council.



CONSULTATION

Department of Fisheries

LSV Borello

In accordance with section 3.12 of the Local Government Act 1995, Statewide Public Noticewas given of the proposed amendment in the West Australian, Western Suburbs Weekly andthe Post Newspaper in May 2019. Public notices were also placed at the Cottesloe CivicCentre and Grove Library, sent to the Residents and Ratepayers database and placed on theTown’s website. Information was also included on the Town’s Facebook page.

Responses were requested by 13 May 2019.

A total of 50 submissions were received with 42 opposing the proposed ban. A summary ofthe submissions received is attached.

Of the submissions which oppose the ban on the use of wire trace, some supported theobjectives of the amendment and suggested alternative wording to achieve the same effect.Others were adamant that such an amendment is not the responsibility of local governmentand should be managed by the State.

OFFICER COMMENT

The proposed amendment to the principal local law is as follows:

In Part 7 after clause 7.1 insert –

7.2 Fishing by means of fishing line containing metal wire or chain prohibited

Within the defined area, a person must not fish by means of any fishing line that containsany metal wire or chain within 1 meter of any hook.

6. Schedule 1 amended

In Schedule 1 – Modified Penalties

Item Clause Nature of Offence Modified Penalty

22 7.2 Fishing by means of fishing line contain metal wire orchain

$500

The Town of Cottesloe Beaches and Beach Reserve Local Law 2012 currently prohibits sharkfishing from Cottesloe beaches however enforcing this has proven problematic for theTown’s Rangers for a number of reasons including;


Page 56

The catching of sharks can often be an unintended consequence of other recreationalfishing which can be used as a defence.

Those fisherpersons who choose to target sharks generally do so in the late hours ofthe evening/morning when the beaches are not regularly patrolled.

Shark fishing is generally a seasonal activity when large numbers of tailor, salmon andother species are prevalent.

Given the number of submissions received that opposed the ban, it is recommended todefer further consideration of the local law, to allow investigation of alternatives. If Councilopts to proceed with the local law as advertised the following would be required by way ofresolution;

THAT Council by absolute majority:

1. In accordance with s3.12(4) of the Local Government Act 1995, adopt the Beaches andBeach Reserves Amendment Local Law 2019 as presented;

2. In accordance with s3.12(5), publish the local law in the Government Gazette and senda copy to the Minister for Local Government;

3. After Gazettal, in accordance with s3.12(6), give local public notice:

a. Stating the title of the local law;

b. Summarizing the purpose and effect of the local law (specifying the day on whichit comes into operation); and

c. Advising that copies of the local law may be inspected or obtained from theTown Administration and website.

4. Following Gazettal, in accordance with the Local Laws Explanatory MemorandaDirections as issued by the Minister on 7 November 2005, provide a copy of the locallaw and a duly completed explanatory memorandum signed by the Mayor and theChief Executive Officer to the WA Parliamentary Joint Standing Committee onDelegated Legislation.

5. Authorise the Mayor and Chief Executive Officer to execute all necessarydocumentation as may be required to adopt the Town of Cottesloe Beaches and BeachReserves Amendment Local Law 2019.

6. Thank all those respondents who provided a submission to the proposed Town ofCottesloe Beaches and Beach Reserves Amendment Local Law 2019.

VOTING REQUIREMENT

Simple Majority


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THAT Council:

1. Defer consideration of the advertised local law amendment to consider alternativesto reduce the occurrence of shark fishing;

2. Seek advice on alternatives from the Department of Fisheries, Department of LocalGovernment and RecfishWest that do not penalise legitimate fishing uses;

3. Report back to the October Briefing Forum on feedback received from the aboveorganisations; and

4. Thank all of those who made a submission and inform them of Council’s decision.

Carried 6/0


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10.1.6 OPEN WATER SWIMMING SERIES - COTTESLOE

File Ref: SUB/2798Attachments: 10.1.6(a) Event Application - Open Water Swim Series

[under separate cover]Responsible Officer: Garry Bird, Deputy Chief Executive OfficerAuthor: Gabrielle Hall, Events CoordinatorAuthor Disclosure of Interest: Nil

SUMMARY

The Western Australian Swimming Association Inc. (Swimming WA) is seeking approval tohost the 2019 Swimming Western Australia Open Water Swim Series event from CottesloeBeach on Saturday, 2 November 2019, from 6.00am to 11.00am.

BACKGROUND

The Open Water Swim Series event is expected to draw a lot of interest, with competitorsand Surf Life Saving Club members actively involved, as well as many supporters. Races willbe held at other Perth beaches over the season.

Open Water Swimming races consist of a number of simultaneous races, with distancesranging from 500 metres to five kilometres, catering for swimmers of all abilities and rangeof ages. Races will be open to the public with local residents and local surf club membersencouraged to take part in the event.

The event will be held at the Cottesloe Beach foreshore and will use the same start/finish,staging area, and looped course for all four races.

The previous event, held in February 2019 was successful, and no major issues were broughtto the attention of the Council.



Priority Area 1: Protecting and enhancing the wellbeing of residents and visitors

Major Strategy 1.4: Continue to improve community engagement.

POLICY IMPLICATIONS

Beach Policy

This event appears to be in compliance with the Town of Cottesloe’s Beach Policy.

Event/Facility Classification Policy

Under the current Policy, the event meets the assessment criteria of a community event asoutlined in the policy, as ‘the event organisers are not seeking to make a profit’ and‘spectating at the event is free’.


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Health (Public Buildings) Regulations 1992

Food Act 2008

Town’s Health Local Law 1997

Town’s Liquor (Licensed Premises) Policy

Health (Miscellaneous Provisions) Act 1911

Environmental Protection (Noise) Regulations 1997

The Town of Cottesloe’s Beaches and Beach Reserves Local Law 2012 has provisions for themaintenance and management of the beaches and beach reserves.


Organisers would be charged fees in accordance with the Event and Facility ClassificationPolicy and Schedule of Fees and Charges, organisers would be charged $550 per day for hireand a $750 bond.


If approved, the Manager Compliance and Regulatory Services will liaise with eventorganisers to review the relevant event plans and discuss the requirements of the Health(Public Building) Regulations 1992 and the Food Act 2008.

Officers will be required to attend the event to ensure compliance with the officer’srecommendation and statutory obligations including traffic management, risk managementand relevant Acts.

Staff will meet with event organisers after the event to de-brief.


Adequate arrangements are made for rubbish collection and removal of recyclablematerials.

CONSULTATION

Town of Cottesloe

Swimming WA

Cottesloe Surf Life Saving Club

North Cottesloe Surf Life Saving Club

OFFICER COMMENT

Surf Life Saving Western Australia will be contracted as the primary water safety provider forthe series and will engage with all affected clubs.


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Brief announcements will be made on a public address system at intervals during the event.

A comprehensive Risk Assessment Plan, Public Liability Insurance certificate and a CourseMap have been provided. Letters of support for the event from Cottesloe Surf Life Savingand North Cottesloe Surf Life Saving Club will need to be provided prior to the event. Staffwill work with the event organisers to ensure the shark barrier will not impede this event inanyway.

Due to the success of previous year’s event, it is recommended to approve the event.

VOTING REQUIREMENT

Simple Majority



THAT Council APPROVE the application to hold the 2019 Swimming Western AustraliaOpen Water Swim Series event at Cottesloe Beach, Saturday, 2 November 2019, from6.00am to 11.00am, with the following conditions:

1. Class this event as a ‘Community’ event and charge the fee of $550, and a bond of$750, to be paid prior to the event commencing.

2. Evidence of appropriate Public Liability Insurance, with cover no less than $10million, be provided prior to the event.

3. Provision of a transport or parking plan and appropriate access/signage to and fromthe event, which is to be provided at least 30 days prior to the event for the approvalof the Chief Executive Officer.

4. Neighbouring properties are notified of the event taking place, and provided with amechanism to provide feedback about the event, if required.

5. All signage to be approved by the Chief Executive Officer one month prior to theevent.

6. The event complies with all noise management conditions imposed on the event bythe Town of Cottesloe.

7. Compliance with the Town’s Beaches and Beach Reserves Local Law 2012.

8. Compliance with relevant sections of the Town’s Beach Policy.

9. The event complies with all requirements of the:

Health (Public Buildings) Regulations 1992

Food Act 2008






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10. No alcohol is to be served unless a valid licence or permit from the Department ofRacing, Gaming and Liquor is provided to the Town prior to the event.

11. Adequate arrangements for rubbish removal and collection, including the provisionfor recycling.

12. The Applicant will (including by directing any parties under their control orsupervision) use their best endeavours to minimise waste and litter production fromthe event.

13. Single use plastics including without limit balloons, plastic bottles, plastic bags thathave a thickness of 35 microns or less, plastic takeaway containers and lids, plasticlined coffee cups/lids, plastic straws, plastic lolly sticks, plastic cutlery and singleplastic wrapped lollies will not be used by the Applicant (and any parties under theircontrol or supervision) in setting up, during or in clearing up after the event.

14. That the event is a non-smoking event.

15. That the Western Metropolitan Regional Council ‘Earth Carers’ ‘H2O to Go’ WaterStation facilities are investigated for use at the event.

16. That the Western Metropolitan Regional Council ‘Earth Carers’ Event WasteMinimisation Checklist is provided to the event organisers, who are to complete thechecklist and return to Council after the event with the aim of reducing the amountof plastics used at the event.

17. The provision of a Disability Access and Inclusion Plan.

ADVICE NOTE

No Balloons

The Town of Cottesloe Local Government Property Local Law 2001 (Consolidated)prohibits at clause 2.8(1)(i) ‘releasing an unsecured balloon inflated with a gas thatcauses it to rise in the air’. Fines apply for breach of this Local Law, and applies to allevents and food vans (and the like) approvals.

Single Use Plastics Medical Exemption

Exemptions may apply if the Applicant or the council requires the use of single useplastic items for medical reasons, where there is no reasonable alternative and thesingle use plastics are properly recycled or disposed of or stored safely andsustainably, or are removed from the Town of Cottesloe.

Fish Habitat Protection Area (FHPA)

The full length of the Cottesloe Reef is protected by a Fish Habitat Protection Area(FHPA), the only one in the Perth Metropolitan Area. The principal aim of theCottesloe Reef FHPA is to preserve valuable fish and marine environments for thefuture use and enjoyment of all people. Plastic and balloon litter pose a significantrisk to this very special marine environment. A Cottesloe Reef FHPA brochure isenclosed for your further attention.

Carried 6/0


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10.1.7 BY THE C 2019 - ZACCARIA CONCERTS AND TOURING PTY LTD - CHANGE OF DATE

File Ref: SUB/2798Attachments: NilResponsible Officer: Mat Humfrey, Chief Executive OfficerAuthor: Garry Bird, Deputy Chief Executive OfficerAuthor Disclosure of Interest: Nil

The order of business was resumed in sequence at this point following the conclusion of item12.2.

SUMMARY

Zaccaria Concerts and Touring Pty Ltd have requested a date change for the in-principleapproval received to stage a beach concert event from late October to mid November.

The dates now requested are for either Sunday 24 November or Saturday 21 December2019.

BACKGROUND

At the Ordinary Council Meeting held 26 March 2019, approval was given to ZaccariaConcerts and Touring Pty Ltd to stage a major concert event, By the C 2019 as per thefollowing resolution:

THAT Council APPROVE the application to hold the By the C concert at Cottesloe Beachon a weekend in late October to mid November 2019 from 12.00pm to 10.00pm on theSaturday and 12.00pm to 9.00pm on the Sunday, subject to the following conditions:

1. Class this event as a ‘Commercial’ event and $25,000 per day be charged for thehire fees. A bond of $20,000 to be paid prior to the event commencing;

2. Evidence of appropriate Public Liability Insurance, with cover no less than $20million, provided prior to the event;

3. Provision of a transport or parking plan and appropriate access/signage to andfrom the event, which is to be provided at least 30 days prior to the event for theapproval of the Chief Executive Officer;

4. Neighbouring properties are notified of the event taking place, and provided witha mechanism to provide feedback about the event, if required;

5. All signage to be approved by the Chief Executive Officer one month prior to theevent;

6. The event complies with all noise management conditions imposed on the eventby the Town of Cottesloe;

7. Compliance with the Town’s Beaches and Beach Reserves Local Law 2012;

8. Compliance with relevant sections of the Town’s Beach Policy;

9. The event complies with all requirements of the:

Health (Public Buildings ) Regulations 1992


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Food Act 2008





10. No alcohol is to be served unless a valid licence or permit from the Department ofRacing, Gaming and Liquor is provided to the Town prior to the event;

11. Adequate arrangements for rubbish removal and collection, including theprovision for recycling;

12. The Applicant will (including by directing any parties under their control orsupervision) use their best endeavours to minimise waste and litter productionfrom the event;

13. Single use plastics including without limit balloons, plastic bottles, plastic bagsthat have a thickness of 35 microns or less, plastic takeaway containers and lids,plastic lined coffee cups/lids, plastic straws, plastic lolly sticks, plastic cutlery andsingle plastic wrapped lollies will not be used by the Applicant (and any partiesunder their control or supervision) in setting up, during or in clearing up after theevent;

14. That the event is a non-smoking event;

15. That the Western Metropolitan Regional Council ‘Earth Carers’ ‘H2O to Go’ WaterStation facilities are investigated for use at the event;

16. That the Western Metropolitan Regional Council ‘Earth Carers’ Event WasteMinimisation Checklist is provided to the event organisers, who are to completethe checklist and return to Council after the event with the aim of reducing theamount of plastics used at the event; and

17. Provision of a Disability Access and Inclusion Plan.

ADVICE NOTE

No Balloons

The Town of Cottesloe Local Government Property Local Law 2001 (Consolidated)prohibits at clause 2.8 (1)(i) ‘releasing an unsecured balloon inflated with a gas thatcauses it to rise in the air”. Fines apply for breach of this Local Law, and applies to allevents and food vans (and the like) approvals.

Single Use Plastics Medical Exemption

Exemptions may apply if the Applicant or the council requires the use of single useplastic items for medical reasons, where there is no reasonable alternative and thesingle use plastics are properly recycled or disposed of or stored safely and sustainably,or are removed from the Town of Cottesloe.


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Fish Habitat Protection Area (FHPA)

The full length of the Cottesloe Reef is protected by a Fish Habitat Protection Area(FHPA), the only one in the Perth Metropolitan Area. The principal aim of the CottesloeReef FHPA is to preserve valuable fish and marine environments for the future use andenjoyment of all people. Plastic and balloon litter pose a significant risk to this veryspecial marine environment. A Cottesloe Reef FHPA brochure is enclosed for yourfurther attention.




Major Strategy 1.3: Identify places to host more cultural events and activities.

POLICY IMPLICATIONS

The policy implications do not differ to what was outlined in the previous report presentedto Council at the March 2019 Ordinary Council Meeting.


The statutory environment does not differ to what was outlined in the previous reportpresented to Council at the March 2019 Ordinary Council Meeting.


The financial implications do not differ to what was outlined in the previous reportpresented to Council at the March 2019 Ordinary Council Meeting.


The staffing implications do not differ to what was outlined in the previous report presentedto Council at the March 2019 Ordinary Council Meeting.


The sustainability implications do not differ to what was outlined in the previous reportpresented to Council at the March 2019 Ordinary Council Meeting.

CONSULTATION

Zaccaria Concerts and Touring Pty Ltd

OFFICER COMMENT

Nil

VOTING REQUIREMENT

Simple Majority


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OFFICER RECOMMENDATIONMoved Cr Sadler Seconded Cr HarkinsThat Council SUPPORT the change of date for a beach concert event at Cottesloe Beach oneither Sunday 24 November or Saturday 21 December 2019, subject to;1. Zaccaria Concerts and Touring satisfying the conditions of approval resolved at the 26

March 2019.2. If the concert is held on Saturday 21 December 2019, the site is to be completely

cleared by 3.00pm on Monday 23 December 2019 so as not to interfere withbeachgoers during the Christmas period.

3. An additional condition being imposed where in the event the site is not completelycleared by 3.00pm on Monday 23 December 2019, the full bond of $10,000 will beforfeited and the site cleared by the Town at the applicant’s expense.

COUNCILLOR AMENDMENTMoved Cr Tucak Seconded Cr ThomasThat points 2 and 3 be deleted along with the words “or Saturday 21 December 2019” sothat the motion now reads;That Council SUPPORT the change of date for a beach concert event at Cottesloe Beach onSunday 24 November 2019, subject to;1. Zaccaria Concerts and Touring satisfying the conditions of approval resolved at the 26

March 2019.Lost 2/4

For: Crs Tucak and ThomasAgainst: Crs Rodda, Sadler, Young and Harkins

COUNCILLOR AMENDMENTMoved Cr Harkins Seconded Cr SadlerIn the opening paragraph, include the words, in brackets after Sunday 24 November“(preferred option in order to optimise ongoing public support for the event).”

Carried 6/0COUNCIL RESOLUTIONMoved Cr Sadler Seconded Cr HarkinsThat Council SUPPORT the change of date for a beach concert event at Cottesloe Beach oneither Sunday 24 November (preferred option in order to optimise ongoing public supportfor the event) or Saturday 21 December 2019, subject to;1. Zaccaria Concerts and Touring satisfying the conditions of approval resolved at the

26 March 2019.2. If the concert is held on Saturday 21 December 2019, the site is to be completely

cleared by 3.00pm on Monday 23 December 2019 so as not to interfere withbeachgoers during the Christmas period.

3. An additional condition being imposed where in the event the site is not completelycleared by 3.00pm on Monday 23 December 2019, the full bond of $10,000 will beforfeited and the site cleared by the Town at the applicant’s expense.

Carried 6/0


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10.1.8 CORPORATE MEMBERSHIP - RECONCILIATION WA

File Ref: SUB/2798Attachments: NilResponsible Officer: Mat Humfrey, Chief Executive OfficerAuthor: Garry Bird, Deputy Chief Executive OfficerAuthor Disclosure of Interest: Nil

SUMMARY

To consider an Officer Recommendation that the Town become a corporate member ofReconciliation WA.

BACKGROUND

The Town has resolved its intention to commit to greater engagement with the localindigenous population and their recognised elders as per the following Resolution from theAugust 2018 Ordinary Meeting of Council:

1. That for the consideration of Council, the Administration prepare draft policy todeal with the following matters:

a. Acknowledgement of the Traditional Owners and Custodians of the Town ofCottesloe - such policy to include details of the appropriate form or forms ofsuch Acknowledgement and the circumstances in which suchAcknowledgement or Acknowledgements are to be given; and

b. procedures for the involvement of the Traditional Owners and Custodians ofthe Town of Cottesloe in the management of Aboriginal heritage siteswithin the Town of Cottesloe.

2. In preparing the abovementioned draft policy, the Administration shall:

a. first consult with the Traditional Owners and Custodians of the Town ofCottesloe; and

b. consider any necessary changes to the Town’s Standing Orders.

3. That if the draft policy is not presented to Council by December that an officer’sreport be provided on the status of the policy development.

Reconciliation WA (RWA) is a not for profit organisation providing leadership, advocacy andsupport to people and organisations driving the movement for Reconciliation in WesternAustralia.

Benefits of membership of RWA include;

E-Newsletter

Access to RWA events.

Learning and network opportunities.

Member pricing to events

Participate in strategic reconciliation projects


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Ongoing advice on reconciliation related issues




Major Strategy 6.1: Ongoing implementation of Council’s community consultation policy.

POLICY IMPLICATIONS




Aboriginal Heritage Act 1972

Mudurup Rocks is a protected site under the Aboriginal Heritage Act 1972 and any works atthis site must be done in accordance with the processes provided for in this Act.


The cost of membership is $1,500 per annum (plus GST). Membership fees are set based onorganisation turnover.

If Elected Members were to support the recommendation, this cost could be met fromexisting operating budgets.





CONSULTATION

Workshop with representatives from Reconciliation WA on 5 March 2019.

The Chief Executive Officer and other officers have met with Ms Margaret Gidgup,representing the Gidgup family on two occasions since the February workshop.

Officers have also met with the Chief Executive Officer of Reconciliation WA, Mr James Back,to discuss indigenous engagement and Reconciliation Action Plans.

OFFICER COMMENT

Officers have met several times with representatives from RWA seeking advice and guidanceon how best to implement the Council Resolution in a respectful and meaningful way. This


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advice has been most helpful and staff can see benefits in being able to access this advice onan ongoing basis as we commence formal engagements with indigenous elders on a numberof projects.

VOTING REQUIREMENT

Simple Majority


Moved Cr Sadler Seconded Cr Young

THAT Council apply to become a member of Reconciliation WA.

Carried 6/0


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10.1.9 SEEKING COUNCIL APPROVAL TO WAIVE FEES ASSOCIATED WITH A SIGN LICENCEAPPLICATION FOR THE AUSTRALIAN RED CROSS SHOP - 36 NAPOLEON STREET,COTTESLOE

File Ref: SUB/2798Attachments: 10.1.9(a) Australian Red Cross Society - Australian

Charities and Not-Profits Commission [underseparate cover]

Responsible Officer: Mat Humfrey, Chief Executive OfficerAuthor: Freya Ayliffe, Manager Compliance and Regulatory ServicesAuthor Disclosure of Interest: Nil

SUMMARY

Council is being asked to consider waiving the fees associated with a sign licence applicationfor the newly opened Red Cross Shop located at 36 Napoleon Street, Cottesloe. The cost ofthe application is $96.00 and associated fees as per the Signs Hoardings and Billposting LocalLaw $20.00; a total of $116.00.

BACKGROUND

The Town has received a request from Management of the Red Cross Shop located at 36Napoleon Street, Cottesloe to waive the fees associated with a sign licence application, thetotal cost being $116.00. The metal A-frame, portable sign will be positioned on thefootpath adjacent to the shop. The sign will be placed out each morning and removed atnight.

The Red Cross is a registered Charitable Organisation with the Australian Charities and Not-For-Profits Commission; documentation has been submitted to the Town supporting this,and is attached.





This report is consistent with the Town’s Corporate Business Plan 2017 – 2021.

Priority Area 6: Providing open and accountable local governance.


POLICY IMPLICATIONS



Page 70



Signs Hoardings and Billposting Local Law







CONSULTATION

Chief Executive Officer

OFFICER COMMENT

The Australian Red Cross Shop opened on 22 June 2019. The shop provides pre-loved, newand vintage clothing, homewares and accessories, and relies on the generosity of the publicto donate quality pre-loved items.

The Red Cross is a registered Charitable Organisation with the Australian Charities and Not-For-Profits Commission; documentation has been submitted to the Town supporting this,and is attached.

The request is being presented to Council for consideration as the Delegated AuthorityRegister limits the amount of money the Chief Executive officer can waive however, thereappears to be a discrepancy in the Delegated Authority Register to how much the ChiefExecutive Officer can currently waive. The table if contents state a maximum of $100, whilesection 1.15 of the Register states a maximum of $500.

VOTING REQUIREMENT

Simple Majority



THAT Council;

1. APPROVES waiving the total cost of the sign application, being $116.00 for the RedCross Shop located at 36 Napoleon Street, Cottesloe and;

2. That the Delegated Authority Register be updated to reflect the amount the ChiefExecutive Officer is permitted to waive.

Carried 6/0


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ENGINEERING

10.1.10 COTTESLOE PYLON CONSERVATION MANAGEMENT PLAN

File Ref: SUB/2798Attachments: 10.1.10(a) Cottesloe Pylon Conservation Management

Plan_ FINAL_20190429 [under separate cover]Responsible Officer: Shaun Kan, Manager, Engineering ServicesAuthor: Denise Tyler-Hare, Project ManagerAuthor Disclosure of Interest: Nil

SUMMARY

Council is asked to endorse the Conservation Management Plan for Cottesloe Pylon andsupport a recommendation to proceed with a full component replacement (Option A),subject to obtaining sufficient donations to the National Trust Appeal and Minderoo.

BACKGROUND

At the Ordinary Council Meeting held 22 May 2018, the Council authorised theestablishment of an appeal in the partnership with the National Trust (WA), to raise fundsfor the Pylon.

This appeal has subsequently been set up and has a balance of approximately $800 indonations to date. A Conservation Management Plan, attached to this report, was developedin order to access the funds in the National Trust Appeal.


There are no strategic implications arising from the Officer Recommendation.

POLICY IMPLICATIONS




Local Government Regulations 1996


The estimated cost of the proposed works is $120,000, which is proposed to be fundedthrough the appeal. A 20 percent contingency should also be allowed.

The Administration intends to pursue donations actively over the coming months to obtainthe required funds for the works. Minderoo Foundation has also pledged to equally matchthe donations received up to a limit of $120,000.


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CONSULTATION

Town of Cottesloe Staff

Elected Members

Minderoo Foundation

OFFICER COMMENT

In order to access the funds in the National Trust Appeal, a Conservation Management Planwas required to ensure the pylon is restored in an appropriate manner. This ManagementPlan is attached to this report.

The Plan recommends proceeding with Option A, which is to replace the existing elementswith a precast bell and mast of the pylon, rather than refurbish the existing components.This results in a significantly safer outcome, further complemented by a longer design life,beyond the ten to 15 years through a refurbishment.

Given minimal cost difference between the two solutions, proceeding with Option Aprovides better value for money outcomes, subjected to sufficient funds being raisedthrough the appeal.

In the interim, a warning sign, cautioning of the pylon dangers will be installed until therecommended scope of repairs are implemented.

VOTING REQUIREMENT

Simple Majority



THAT Council:

1. APPROVES the Cottesloe Pylon Conservation Management Plan prepared by HockingHeritage Studio, dated April 2019; and

2. AUTHORISES the further development of Option A, “Replacement of the bell andmast components with precast equivalent” for detailed design and costing.

Carried 6/0


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10.1.11 STREET TREE REMOVAL REQUEST - 63 ERIC STREET COTTESLOE

File Ref: SUB/2798Attachments: 10.1.11(a) Minutes - Item 10.1.5 OCM 24 April 2018 [under

separate cover]Responsible Officer: Mat Humfrey, Chief Executive OfficerAuthor: Mat Humfrey, Chief Executive OfficerAuthor Disclosure of Interest: Nil


Cr Tucak declared an IMPARTIALITY INTEREST in this item by virtue of “On the basis of theresidents or applicants are Known to me”.

For the benefit of the public in attendance, this item was dealt with at the conclusion of item10.1.1.

SUMMARY

Council is asked to consider a request for the removal of a Norfolk Island Pine Tree located inthe verge adjacent to 63 Eric Street, Cottesloe.

BACKGROUND

At the Ordinary Council Meeting of 24 April 2018, Council resolved as follows;

COUNCILLOR MOTION

Moved Cr Pyvis Seconded Cr Boulter

That Council authorise the owner/s of 63 Eric St to liaise with The Arbor centre toarrange for the removal (for transplanting) of the Norfolk Island Pine on the verge, asidentified on page 24 (OCM Agenda) of the officer report.

PROCEDURAL MOTION

Moved Cr Rodda Seconded Cr Thomas

Defer this item pending a review by the Administration of the Town’s existing StreetTree Policy and, in particular, the provisions of clause (4) paragraph 5, which statesthat: Tree removals must be seen as a last resort, used for dead and/or dangeroustrees.

CARRIED 6/2

For: Mayor Angers, Crs Rodda, Harkins, Thomas, Tucak, and YoungAgainst: Crs Pyvis and Boulter

The full report can be found in attachment 1.

The report, in summary provided the following points:

The Town initially received a complaint from the owner of 63 Eric Street that the tree’sroots were damaging their wall. Following a report from an arborist, the trees rootswere trimmed and a concrete barrier put in place;


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The owner then submitted that the three trees were adversely affecting northern lightand requested the tree be relocated.

As officer’s formed the view that the tree was not dead, dying or dangerous, it was notrecommended for removal.




Major Strategy 1.6: Implement policies that protect existing trees and that actively seek toincrease the tree canopy in Cottesloe.

POLICY IMPLICATIONS

The Street Tree Policy has guided the recommendation for this item.

In particular, section 4.5 states;

4.5 Tree Removal

The Town of Cottesloe is responsible for the removal of street trees. Unauthorised treeremoval of any street tree is not permitted. The Council prioritises street tree retention andremoval is only considered when no other reasonable alternative exists or has beenexhausted. In the improbable occasion that no reasonable alternative exists, tree removalmust be approved by Council

Notwithstanding the above, the Manager of Engineering Services can authorise the removalwhen a street tree is:

a. Certified by a suitably qualified arborist as dead, damaged, post mature and diseased,or in decline and no further remedial techniques are appropriate.

b. Certified by a suitably qualified arborist as a noxious street tree or classified as aninvasive weed, and found on the Cottesloe Coastcare websitehttps://cottesloecoastcare.org/dir/weeds.

c. Causing significant damage to property or public utilities and the cost of ongoingremedial works becomes uneconomic, and there is no further alternative solution.

d. Causing an immediate safety hazard to the public.

e. Certified by a suitably qualified arborist as structurally unsound.

f. Unauthorised street tree (subjected to section 4.4 of the Street Tree Policy).

g. Has been affected by infrastructure works and the tree cannot be retained.

h. Identified within a property development plan that has been approved by Council.

The replacement trees must be of an appropriate size and species as determined by the Townof Cottesloe.

As the tree in questions does not fit the criteria outlined above, it is not recommended forremoval at this time.


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The policy also lists the following as reasons that a tree removal request not be supported;

The following do not justify the removal of street trees:

a. Tree litter/leaf fall (‘messy’ tree)

b. Restoration of a view

c. Alternative street tree requested by resident as planted species, shape or structure isdisliked

d. In the way of verge development or a desire to re-landscape

e. House alterations requiring crossover relocation

f. Swimming pool installation – root or falling leaf problems

g. Large in size and perceived to be inappropriate for the location

h. Attracts birdlife or other fauna

i. Inconvenience during development works

j. Shading of lawns, pools etc.

k. Produces natural debris, which includes the dropping of leaf, flowers, fruit, nuts, bark,etc.

l. Perceived as dangerous or that a tree might fall in a storm

m. Causes health and allergy related issues



Street Tree Policy






There are no environmental sustainability implications arising from the officer’srecommendation. If it were resolved to remove the tree, there would be a resulting loss ofcanopy in the immediate area.

CONSULTATION

No formal consultation has been undertaken in preparing this report.


Page 76

OFFICER COMMENT

The original officer recommendation, as noted above, was that in light of the policy that thetree not be removed. If the small wall at the front of the property is again damaged by treeroots, the cost of repairing the wall is able to be justified given the size and age of the tree inquestion.

It should be noted by Council that the number of trees, and the impact on northern light, isnot unique and there are other comparable examples close by. While the Town would notplant trees in this configuration now, there is no part of the Street Policy that allows this treeto be recommended for removal.

If Council were to consider granting the request for the tree to be removed, it shouldconsider conditions that require the tree to be transplanted (if suitable) to a location withinCottesloe, or a replacement tree to be provided within the immediate area. Thereplacement tree should be of a considerable size and type to ensure that canopy cover inthe area is maintained.

VOTING REQUIREMENT

Simple Majority


That Council DECLINE the request to remove the Norfolk Island Pine adjacent to 63 EricStreet.



That Council defers consideration of this item pending an updated report by theAdministration to deal with:

1. Details of remedial work taken to date (and cost) to contain the root system of theNorfolk Island Pine to the southern side of the verge at 63 Eric St (the NIP) in order toprevent damage to the brick paving, front boundary wall and gates at the property;

2. Details of further remedial work anticipated in future (and cost) to contain the rootsystem of the NIP to prevent further damage to the property at 63 Eric St;

3. Whether the Town’s insurance policy will cover for any potential liability to makegood property damage to 63 Eric St caused by the NIP; and

4. Details of the work that would be involved in making good the damage caused bythe NIP, the program for proposed work and the anticipated future cost of stepsrequired to ensure that the damage does not recur.

5. Options to relocate the NIP to a location within Cottesloe (for example the PSP route,adjacent to the rail reserve or west North Cottesloe Primary School), including likelycost and timeframes.

Carried 6/0


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10.1.12 TRANSPLANTING OF THREE LOMA STREET NORFOLK ISLAND PINE TREES

File Ref: SUB/2798Attachments: 10.1.12(a) Email - Arborist Report [under separate cover]Responsible Officer: Mat Humfrey, Chief Executive OfficerAuthor: Shaun Kan, Manager, Engineering ServicesAuthor Disclosure of Interest: Nil

SUMMARY

Council is asked to approve the transplanting of Norfolk Island Pine Trees located at on theverges of 16, 20 and 31 Loma Street.

BACKGROUND

At the April 2019 Ordinary Council Meeting, Council requested the Administration to obtainand bring back to Council advice and recommendations from a suitably qualified arborist(with appropriate experience in Green Infrastructure Management) as to the managementof the three Norfolk Island Pine trees and the Coral Trees identified in the Officers’ Report,consistent with the Town’s objective of maintaining and increasing the Town’s canopy cover.

The attached Arborist report indicates the possibility of transplanting the three NorfolkIsland Pine Trees.




Major Strategy 1.6: Implement policies that protect existing trees and that actively seek toincrease the tree canopy in Cottesloe.

POLICY IMPLICATIONS

The Street Tree Policy permits the removal of trees only if it is dead, dying or dangerous.Transplanting is outside the realm of the policy, requiring council approval.




The costs associated with transplanting the trees (as per recommendation) can be metwithin existing budgets.




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The transplanting works for the smaller, less established trees located at 20 and 31 LomaStreet can be undertaken by the Horticulture and Parks Team within the Works Department.

The larger Norfolk Island Pine Tree, adjacent to the Coral Tree at 16 Loma Street would haveto be undertaken by an Arborist.


There are no perceived sustainability implications arising from the officer’srecommendation. The transplanting of the trees to a more conducive environment wouldprovide the three Norfolk Island Pines better thriving opportunities.

CONSULTATION

Professional Tree Surgeons and Arborist

Town of Cottesloe Works Department

OFFICER COMMENT

Given the Norfolk Island Pine Tree is the preferred Street Tree Master Plan species for LomaStreet, it would be more appropriate for these trees to be either transplanted to anotherlocation on the same street.

However, due to a shortage of space, it is recommended that the more established NorfolkIsland Pine growing between two Coral Trees on the verge of 16 Loma Street betransplanted to the verge at 21 Loma Street where a small Jacaranda Tree has recently beenremoved.

The size of the tree, shown in the photograph below, would be more consistent with theother well established Norfolk Island Pines along the street. This cost effective approachavoids any damage to the tree during transportation.

The less established trees at 20 and 31 Loma Street will be transplanted to a differentlocation within the boundaries of the Town. Well established and healthy tree species suchas the Coral Trees along the street, although inconsistent with the Street Tree Master Plan,should only be replaced with Norfolk Island Pines when they diminish.

It should be noted that the basis for the recommendation provided by officers is thecontinuing health of the trees involved. If the only outcome were aesthetic, officers wouldnot recommend transplanting of these trees.


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VOTING REQUIREMENT

Simple Majority


THAT Council:

1. NOTES the attached email from the Directing Arborist from Professional Tree Surgeonshighlighting the possibilities of transplanting the Norfolk Island Pine Trees located inthe verges of 16, 20 and 31 Loma Street ;

2. Based on the advice provided by an Arborist in point 1:

a. APPROVES the transplanting of Norfolk Island Pine Tree from the verge of 16Loma Street to the verge of 21 Loma Street;

b. APPROVES the transplanting of the Norfolk Island Pine Tree from the verge of 20and 31 Loma Street to a different location within the boundaries of the Town ofCottesloe that is to be determined by the Manager Engineering Services.



1. NOTES the attached email from the Directing Arborist from Professional TreeSurgeons highlighting the possibilities of transplanting the Norfolk Island Pine Treeslocated in the verges of 16, 20 and 31 Loma Street;

2. REQUESTS the Administration to engage professional tree surgeons to carry outnecessary pruning of the Coral tree on the eastern side of the verge at 16 Loma St inorder to allow the adjacent Norfolk Island Pine to thrive.

3. REQUESTS the Administration to engage professional tree surgeons to carry outnecessary pruning of the Callistemon tree on the western side of the verge at 20Loma St in order to allow the adjacent Norfolk Island Pine to thrive progressivelyover its future growth, noting it is currently small and the Callistemon is not inconflict with it, and has multiple trunks out of the ground.

4. Based on the advice provided by the Arborist in point 1, APPROVES the transplantingof the Norfolk Island Pine Trees from the verge of 31 Loma Street to a differentlocation within the boundaries of the Town of Cottesloe that is to be determined bythe Manager Engineering Services such at the verge of 21 Loma Street (former site ofthe Jacaranda tree).

Carried 6/0


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10.1.13 WESTERN AUSTRALIA FIRE SERVICES REQUEST FOR YELLOW LINE ALONG GRANTSTREET BETWEEN CONGDON STREET AND PARRY STREET

File Ref: SUB/2798Attachments: 10.1.13(a) Email - Concerns Regarding Access along Grant

Street [under separate cover]Responsible Officer: Mat Humfrey, Chief Executive OfficerAuthor: Shaun Kan, Manager, Engineering ServicesAuthor Disclosure of Interest: Nil

SUMMARY

Council is asked to approve the installation of yellow no stopping lines along Grant Streetbetween Congdon Street and Parry Street.

BACKGROUND

The Claremont Fire Station has recently contacted the Town raising concerns of responsetimes being impacted by vehicles parked on both sides of the road section near the firestation. Currently, the station’s fire vehicle access is located along Congdon Street just southof Grant Street. The Fire Service has requested for yellow lines to be installed along GrantStreet (Congdon Street to Parry Street) as a solution to improve emergency responseoperations. Correspondence has been attached.


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Major Strategy 1.1: Develop an ‘integrated transport strategy’ that includes cycling, park andride, Cott Cat, public transport and parking management strategies to meet the needs ofpedestrians, cyclists and other non-vehicular traffic.


Priority Area 5: Providing sustainable infrastructure and community amenities.

Major Strategy 5.1: Develop sustainability and capacity criteria to assess major strategies.

POLICY IMPLICATIONS




Parking and Parking Facilities Local Law 2009







CONSULTATION

A letter consulting on two hour time restrictions was previously sent to Grant Streetresidents between Congdon Street and Parry Street on 27 November 2018.

Six of the seven submissions received were supportive of the proposal.

OFFICER COMMENT

Fire trucks have difficulties accessing Stirling Highway through Congdon Street in themorning due to peak traffic. The Town has been informed by the Claremont Fire Station thatjoining Stirling Highway through Parry Street via this section of Grant Street is the quickerand safer option as this location also better suits the turning radius of the fire truck.


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Whilst Council has declined previous parking restriction recommendations along this sectionof Grant Street, it would be important to carefully consider this request as any prolongedemergency service response could result in a loss of lives.

It is evident from photographs provided by the Claremont Fire Station that vehicles currentlyparked on both sides of narrows the frequently used emergency response route, impactingresponse times.

VOTING REQUIREMENT

Simple Majority


Moved Cr Harkins Seconded Cr Tucak

THAT Council APPROVE the installation of a yellow line on the southern side of Grant Streetbetween Congdon Street and Parry Street.

COUNCILLOR AMENDMENT

Moved Cr Young Seconded Cr Sadler

THAT Council include a point 2:

2. REQUEST the Administration to write to residents of the relevant section of Grant St,(and on the corner of Parry Street and the corner of Congdon St) advising them ofthe reasons for Council’s decision.

Carried 6/0

SUBSTANTIVE MOTION AND COUNCIL RESOLUTION

THAT Council

1. APPROVE the installation of a yellow line on the southern side of Grant Streetbetween Congdon Street and Parry Street.

2. REQUEST the Administration to write to residents of the relevant section of Grant St,(and on the corner of Parry Street and the corner of Congdon St) advising them ofthe reasons for Council’s decision.

Carried 6/0


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10.1.14 CONGDON STREET BRIDGE REPLACEMENT PROJECT

File Ref: SUB/2798Attachments: NilResponsible Officer: Mat Humfrey, Chief Executive OfficerAuthor: Shaun Kan, Manager, Engineering ServicesAuthor Disclosure of Interest: Nil

SUMMARY

Council is asked to consider a request from the State Government to support option 2, withthe addition of a footbridge on the alignment of the current bridge, for the replacement ofthe Congdon Street Bridge.

BACKGROUND

At the July 2018 Ordinary Council Meeting, the resolution of the Council was as follows:

THAT Council:

1. Write to the Minister to ask for a wider review of the proposal in both theplanning and social contexts, (in line with Mr Cownie’s Option A as attached), asthe Council does not believe that any of the four options presented by MainRoads WA are in the best interests of the local centre;

2. Support engagement with the Town of Claremont to ensure the design outcomeis mutually beneficial, and request the Town of Claremont Elected Members andrelevant Officers attend a joint workshop with, and organised by, the Town ofCottesloe to start this process.

Prior to the substantive motion above, an amendment was moved to defer point 3 until thetwo points of the resolution had been completed. Point 3 read as follows;

3. In the interim, support option 2 as the preferred traffic alignment of the fourpresented by Main Roads WA, subject to:

a. Detailed consultation being undertaken with the local community prior to anydesign being selected or finalised;

b. Detailed engagement with design related consultants (other than just trafficengineers) occurs prior to any design being selected or finalised; due to theexisting bridge and the proposed new bridge being located within a local centre;

c. A design speed of 30km/h in keeping with current speeds in the precinct;

d. MRWA engaging with Dawsons Garden World and other key stakeholdersincluding the PTA in good faith to endeavour to relocate Dawson’s within thearea; and,

e. The inclusion of pathways on both sides of the bridge.

The Administration has written to the Town of Claremont and the Transport Minister in linewith the Council Resolution. Subsequently, a representative of the Transport Minister andMain Roads have met with Town of Cottesloe and Town of Claremont Chief Executive


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Officers and Mayors in February 2019 to provide further details on the project. The Town ofClaremont have declined our workshop invitation given that their Council has supportedOption 2.

As the two points of the Council resolution have been completed, point 3, which wasdeferred is being represented for further consideration.



Priority Area 5: Providing sustainable infrastructure and community amenities

Major Strategy 5.1: Develop sustainability and capacity criteria to assess major strategies.


Priority Area 4: Managing Development.

Major Strategy 4.3: Consider undeveloped Government owned land for higher densitydevelopment provided there is both public support and benefit for the Cottesloecommunity.

POLICY IMPLICATIONS







The works are funded by the State Government.



The works are managed by State Government



CONSULTATION

Town of Cottesloe Residents

Elected Members



Page 85

OFFICER COMMENT

The Town has been informed by Main Roads at recent meetings that there are currently nofunds available for the construction phase of this project. However, the structure is at thetop of the bridge replacement list and the preliminary design for option two will beundertaken throughout 2019 covering abutting road works on bridge approaches, feasibilityof a separate foot bridge and landscaping.

Detailed design and construction are anticipated to occur during the two financial yearsbetween 2020 and 2022. Landscape guiding principles will be established and these designsdeveloped in consultation with both Towns.

The Town of Claremont, Main Roads and the Public Transport Authority have supported“Option 2” as their preferred solution, with the construction of a roundabout at RailwayStreet intersection and a 40km/h posted speed limit. This option also provides theopportunity to upgrade the train station for the additional rail carriages plan for the future.

Given the progress to date and the apparent support for the separate footbridge (albeit withthe Towns required to contribute to the project) point 3, which was previously deferred nowneeds to be reconsidered. If the Council supported “Option 2” with the conditions listedbelow, it would also allow the Administration to work with State Government to progressthe project and negotiate the financial contributions being asked for the separate pedestrianfootbridge to further improve the east west connectivity. The Town will also work with MainRoads Western Australia towards minimizing disruptions during construction whereby theexisting bridge will be demolished only after the new structure is completed.

VOTING REQUIREMENT

Simple Majority


THAT Council Support “Option 2” as the preferred traffic alignment of the four optionspresented by Main Roads WA, subject to:

a. Consultation being undertaken with the local community prior to any design beingfinalised;

b. Engagement with design related consultants (other than just traffic engineers) occursprior to any design being finalised, due to the existing bridge and the proposed newbridge being located within a local centre;


d. Main Roads WA engaging with Dawsons Garden World and other key stakeholdersincluding the Public Transport Authority in good faith to endeavour to relocateDawson’s within the area; and,

e. That the bridge replacement project include the construction of a separate pedestrianbridge on the alignment of the existing bridge traffic bridge to maintain communityconnectivity.


Page 86


Moved Cr Thomas Seconded Cr Sadler

THAT Council Support “Option 2” as the preferred traffic alignment of the four optionspresented by Main Roads WA, subject to:

a. Consultation being undertaken with the local community prior to any design beingfinalised;

b. Engagement with local design related consultants (other than just traffic engineers)occurs prior to any design being finalised, due to the existing bridge and theproposed new bridge being located within a local centre, where design, amenity andretention of local character and community connectivity in a walkable manner is ofsignificant importance to the local community;


d. Main Roads WA engaging with Dawsons Garden World and other key stakeholdersincluding the Public Transport Authority in good faith to endeavour to relocateDawson’s within the area; and,

e. That the bridge replacement project budget includes funds for the construction of aseparate pedestrian bridge, on the alignment of the existing traffic bridge, to becommenced as soon as the new traffic bridge is operational, so as to maintaincommunity connectivity between Cottesloe and Swanbourne.

Carried 6/0


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FINANCE

10.1.15 NORTH COTTESLOE SURF LIFE SAVING CLUB INC. - TAKE 3 FOR THE SEA FUNDINGPROPOSAL

File Ref: SUB/2798Attachments: 10.1.15(a) Take 3 for the Sea Funding Proposal [under

separate cover]Responsible Officer: Mat Humfrey, Chief Executive OfficerAuthor: Garry Bird, Deputy Chief Executive OfficerAuthor Disclosure of Interest: Nil


Cr Harkins declared an IMPARTIALITY INTEREST in item 10.1.15 by virtue “My son is amember."

SUMMARY

To consider a request for funding from the North Cottesloe Surf Life Saving Club Inc.(NCSLSC) over a three year period to implement initiatives associated with the Take 3 for theSea program.

BACKGROUND

The NCSLSC registered with Take 3 for the Sea campaign in November 2018 and launchedthe program at a public event in February 2019.

Take 3 for the Sea (Take 3) is a program that encourages beach goers to collect and disposeof three items of rubbish from the beach every time they visit.

The NCSLSC have submitted a funding proposal (attached) to Council to assist the clubimplement and promote the campaign.

In summary the proposal has requested the following funding for a three year period;

2019/20 $12,000

2020/21 $8,000

2021/22 $4,000

Total $24,000

Activities to be funded from these contributions are proposed as follows;

Purpose 2019/20 2020/21 2021/22 Total

Signage and Brand Awareness $3,750 $2,200 $2,200 $8,150.00

Member and Community Education $5,300 $5,300 $5,300 $15,900.00

Recycle Scheme $1,500 $1,500 $1,500 $4,500.00

Source reduction $2,500 $2,500 $2,500 $7,500.00


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Total $13,050 $11,500 $11,500 $36,050.00

The balance of funding for these programmes will be provided by the NCSLSC either fromtheir own funds or from donations and corporate support.

NCSLSC is optimistic that the funds provided by the Town will be able to be used to leverageongoing corporate support for the program and that no further funding will be requiredbeyond the initial three year funding commitment.

There are also options for the Town to become a member of Take 3. Take 3 offers twodifferent or complimentary programs to local governments being;

Trademarking Permit

Annual trademarking permit to utilise Take 3 messaging, branding/logos and selectedimagery in a range of applications, e.g. posters, signs , vehicle/garbage truck wraps,videos, resources (subject to artistic approval from Take 3). Feature council as aPartner on the Take 3 website.

Social media Campaign

Develop targeted Take 3 social media campaign in conjunction with governmentstakeholders, local groups, local icons and businesses (for example, Surfers, Fishers,Indigenous Ranger, SLS Champions).

The two programs above cost $5,000 per annum and can be done separately if desired.



Priority Area 3: Enhancing beach access and the foreshore

Major Strategy 3.2: Continue to improve access to beach facilities.

Beach goers would experience an improved amenity due to the reduction in rubbish.

POLICY IMPLICATIONS





The Take 3 would compliment existing financial resources used to engage contractors toclean the beaches.

There is no allocation in the 2019/20 budget for this purpose however the funding could beaccommodated from the annual Donations Budget if Council was to support the request.

The sum/s requested are not considered significant in the context of the entire budget andcould be accommodated if Elected Members were to support the proposal.


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In recent years NCSLSC have received donations from the Town for the following projects;

Year Purpose Amount – (ex GST)

2018/19 Centenary Event $10,000

2016/17 $2,500

2015/16 $3,000

2014/15 2,500

2014/15 and 2013/14 Patrol Tower $34,000


The Take 3 would compliment existing staff resources used to clean the beaches.


The reduction of rubbish on Cottesloe beaches would have an environmental benefit andimprove amenity for beach goers.

CONSULTATION

North Cottesloe Life Saving Club Inc.

Take 3 for the Sea

Coastcare

OFFICER COMMENT

The Take 3 for the Sea program proposed by the NCSLSC has the potential to deliver manypositive environmental and social benefits. These benefits could include the fostering ofworking relationships with other community organisations and local businesses, some ofwhom may not have a direct link to the beachfront and promoting recycling and reuse ofmaterials that would otherwise be disposed of in landfill.

It is understood that the NCSLSC and the Town will be one of the first surf clubs and localgovernments to partner in the program in Western Australia.

It is noted that other community organisations (including local school groups) volunteer toundertake beach clean up activities from time to time.

VOTING REQUIREMENT

Simple Majority


THAT Council;

1. Support the proposal submitted by the North Cottesloe Surf Life Saving Club Inc. tofund activities associated with the Take 3 for the Sea Program, subject to the following


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condition;

a. A full report summarising the program’s activities being received by 30 June foreach funding year and such report to demonstrate that the objectives of thefunding have been met prior to the release of the following year’s funds.

2. Fund the 2019/20 contribution from the Donations Budget (Account 20029.204.58).

COUNCILLOR MOTION

Moved Cr Sadler Seconded Cr Thomas

THAT Council

1. Defer consideration of the proposal submitted by the North Cottesloe Surf Life SavingClub to fund activities associated with the Take 3 for the Sea until adoption of therevised Donations Policy.

2. Request the administration to write to the North Cottesloe Surf Life Saving Clubthanking them for their initiative and encouraging them to resubmit a proposal.

3. Request the administration to offer the Take 3 for the Sea Program support, by meansof advertising its events through the Town’s Facebook page, e-news and The Town’sPost Newspaper paid ads (when space permits).

Lost 3/3(4)*For: Crs Tucak, Sadler and Thomas

Against: Crs Rodda, Young and Harkins

*In accordance with section 5.21 (3) of the Local Government Act 1995, as the votes wereequally divided, the Presiding Member (Chairperson), Deputy Mayor Rodda, cast a secondvote.

FORESHADOWED MOTION

Moved Cr Young Seconded Cr Harkins

THAT Council:

1. Support the proposal submitted by the North Cottesloe Surf Life Saving Club Inc. tofund activities associated with the Take 3 for the Sea Program, (being $12,000 for the2019/20 year, $8,000 for the 2020/21 year and $4,000 for the 2021/22 year) subject tothe following conditions:

a. Payment of the $1500 in the 2019/20 year in respect of painting of the concretewall (“Signage and Brand Awareness”) shall not be made unless Council has firstapproved the painting and the chosen design;

b. Any funds not expended in accordance with the submitted proposal shall berefunded to the Town at the end of the relevant financial year.

c. A full report summarising the program’s activities being received by 30 June for


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each funding year and such report to demonstrate that the objectives of thefunding have been met prior to the release of the following year’s funds.

2. Fund the 2019/20 contribution of $12,000 from the Donations Budget (Account20029.204.58).

COUNCILLOR AMENDMENT

Moved Cr Tucak Seconded Cr Thomas

Add the words “General Revenue” before Donations in point 2.

Lost 3/3(4)*For: Crs Tucak, Sadler and Thomas

Against: Crs Rodda, Young and Harkins

* In accordance with section 5.21 (3) of the Local Government Act 1995, as the votes wereequally divided, the Presiding Member (Chairperson), Deputy Mayor Rodda, cast a secondvote.

FORESHADOWED MOTION


THAT Council:

1. Support the proposal submitted by the North Cottesloe Surf Life Saving Club Inc. tofund activities associated with the Take 3 for the Sea Program, (being $12,000 for the2019/20 year, $8,000 for the 2020/21 year and $4,000 for the 2021/22 year) subject tothe following conditions:

a. Payment of the $1500 in the 2019/20 year in respect of painting of the concretewall (“Signage and Brand Awareness”) shall not be made unless Council has firstapproved the painting and the chosen design;

b. Any funds not expended in accordance with the submitted proposal shall berefunded to the Town at the end of the relevant financial year.

c. A full report summarising the program’s activities being received by 30 June foreach funding year and such report to demonstrate that the objectives of thefunding have been met prior to the release of the following year’s funds.

2. Fund the 2019/20 contribution of $12,000 from the Donations Budget (Account20029.204.58).

Lost 3/3(4)*For: Crs Rodda, Young and Harkins

Against: Crs Tucak, Sadler and Thomas



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OFFICER RECOMMENDATION (FORESHADOWED) AND COUNCIL RESOLUTION

Moved Cr Rodda Seconded Cr Harkins

THAT Council;

1. Support the proposal submitted by the North Cottesloe Surf Life Saving Club Inc. tofund activities associated with the Take 3 for the Sea Program, subject to thefollowing condition;

a. A full report summarising the program’s activities being received by 30 June foreach funding year and such report to demonstrate that the objectives of thefunding have been met prior to the release of the following year’s funds.

2. Fund the 2019/20 contribution from the Donations Budget (Account 20029.204.58).

Carried 3(4)/3*For: Crs Rodda, Young and Harkins

Against: Crs Tucak, Sadler and Thomas



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10.1.16 BUDGET AMENDMENT - RIGHT OF WAY 58 (2) MAINTENANCE WORKS

File Ref: SUB/2798Attachments: NilResponsible Officer: Mat Humfrey, Chief Executive OfficerAuthor: Shaun Kan, Manager, Engineering ServicesAuthor Disclosure of Interest: Nil

SUMMARY

Council is asked to consider a budget amendment of $10,000 from account 70.9000.3 -Laneway Maintenance to undertake capital related maintenance works along Right of Way(ROW) 58.

BACKGROUND

At the April 2019 Ordinary Council Meeting, it was resolved to defer the review of the Rightof Way Policy until September 2019. Laneway maintenance can only be undertaken until thisdate.

Residents of ROW 58 have recently informed the Town of serious erosion issues at thebottom of a steep section along this laneway caused by surface runoffs over a loose gravelsurface from both the recent and past heavy rains.

Photographs below illustrate the magnitude of erosion on the unsealed surface. Various costeffective options have been considered as part of recommending the preferred solution.


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Major Strategy 5.2: Manage assets that have a realisable value.

POLICY IMPLICATIONS

The Right of Way Policy is currently under review and is expected to be brought to theSeptember 2019 Ordinary Council Meeting for consideration.

Purchasing Policy




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Financial governance requires for this nature of maintenance to be funded through capitalexpenditure, requiring for a budget amendment to carry out these works.



The works will be funded through a budget transfer within Engineering ServicesInfrastructure program. There will be no changes to the 2019/2020 budget.

Account Number Account Name 2019/20 CurrentAllocation

2019/20 RevisedAllocation

(Pending Approval)

70.9000.3 LanewayMaintenance $79,791.00 $64,791.00

New Project ROW 58 (2) ErosionRepairs $0.00 $15,000

Total $79,791.00 $79,791.00



The works will either be undertaken by the Town’s panel supplier or through a three quoteprocess.



CONSULTATION

Staff

OFFICER COMMENT

Officers have assessed the extent of erosion and have assessed the capital maintenance tobe required in order to preserve the safety of the access way.

Given the steepness of this laneway section, asphalt has been determined as the most costeffective approach. This preferred solution is the most erosion resistant amongst all optionsconsidered that minimises costly ongoing maintenance. Provisions have also been made fordrainage installation at the low point to mitigate localised flooding.

The type of resurfacing and timing for the remaining section of this laneway will beconsidered upon the adoption of the Right of Way Policy.

VOTING REQUIREMENT

Absolute Majority


Page 96



THAT Council, by absolute majority:

1. APPROVE the new capital maintenance project within this section of ROW 58 toprovide a safe laneway access for residents living between Pearse and Webb Street;and

2. APPROVE a budget transfer of $15,000 from Account 70.9000.3 - LanewayMaintenance to a capital account named Row58 Works, to fund the proposed repairworks in Point One.

Carried by Absolute Majority 6/0

At this point the En Bloc items were moved and resolved.

COUNCIL RESOLUTION


The following items be moved En Bloc; 10.1.2, 10.1.4, 10.1.5, 10.1.6, 10.1.9, 10.1.10,10.1.17 and 10.1.18.

Carried 6/0


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10.1.17 FINANCIAL STATEMENTS FOR THE PERIOD 1 JULY 2018 TO 30 JUNE 2019

File Ref: SUB/2798Attachments: 10.1.17(a) Monthly Financial Statements for the period 1

July 2018 to 30 June 2019 [under separatecover]

Responsible Officer: Mat Humfrey, Chief Executive OfficerAuthor: Wayne Richards, Finance ManagerAuthor Disclosure of Interest: Nil

SUMMARY

It is a requirement of the Local Government Act 1995 that monthly and quarterly financialstatements are presented to Council, in order to allow for proper control of the Town’sfinances and ensure that income and expenditure are compared to budget forecasts.

The attached financial statements and supporting information are presented for theconsideration of Elected Members. Council staff welcomes enquiries in regard to theinformation contained within these reports.

BACKGROUND

In order to prepare the attached financial statements, the following reconciliations andfinancial procedures have been completed and verified:

Reconciliation of all bank accounts.

Reconciliation of rates and source valuations.

Reconciliation of assets and liabilities.

Reconciliation of payroll and taxation.

Reconciliation of accounts payable and accounts receivable ledgers.

Allocations of costs from administration, public works overheads and plant operations.

Reconciliation of loans and investments.





POLICY IMPLICATIONS





Page 98

Local Government (Financial Management) Regulations 1996








CONSULTATION

Senior staff

OFFICER COMMENT

The following comments and/or statements provide a brief summary of majorfinancial/budget indicators and are included to assist in the interpretation andunderstanding of the attached Financial Statements.

The net current funding position as at 30 June 2019 was $3,419,186 and is more thanin previous years as year end accrual transactions have not been processed. Thesepostings will be performed as a part of the process of compiling the 2018-19 AnnualReport.

Rates and emergency services levies receivables at 30 June 2019 stood at $243,797 asshown on pages 2 and 26 of the attached Financial Statements.

Operating revenue is more than revised year to date budget by $468,853 with a moredetailed explanation of material variances provided on pages 21 and 22 of theattached Financial Statements. Operating expenditure is $1,289,738 less than revisedyear to date budget with a more detailed analysis of material variances provided onpages 21 and 22.

The Capital Works Program is approximately 36% complete as at 30 June 2019 and afull capital works program listing is shown on pages 34 to 37.

Whilst Salaries and Wages are not reported specifically, they do represent the majorityproportion of Employee Costs which are listed on the Statement of Financial Activity(By Nature and Type) on page 7 of the attached Statements. As at 30 June 2019Employee Costs were $227,792 less than the revised budgeted year to date amount.

The balance of cash backed reserves was $10,360,042 as at 30 June 2019 as shown innote 7 on page 28 of the monthly financial statements.

List of Accounts for June 2019

The List of Accounts paid during June 2019 is shown on pages 38 to 47 of the attachedFinancial Statements. The following significant payments are brought to Council’s attention:


Page 99

$54,437.09 to the Australian Taxation Office for the monthly business activitystatement.

$50,057.52 to the Construction Training Fund for training fund levies collected on theirbehalf.

$170,930.12 to the Department of Fire and Emergency Services for the final instalmentof emergency services levies collected on their behalf.

$27,728.80 to Aspect Studios Pty Ltd for foreshore master planning services. $271,518.58 to Roads 2000 Pty Ltd for various road resurfacing works. $50,345.73 to Rico Enterprises P/L T/A Solo Resources for waste removal services. $42,449.00 to West Tip Waste Control Pty Ltd for bulk waste collections services. $109,225.69 & $110,123.09 to the Town of Cottesloe staff for fortnightly payroll. $1,815,000.00 to the Town of Cottesloe Investment account held with National

Australia Bank.

Investments and Loans

Cash and investments are shown in note 4 on page 24 of the attached Financial Statements.Council has approximately 41% of funds invested with National Australia Bank, 27% withBankwest, 19% with Commonwealth Bank of Australia and 13% with Westpac BankingCorporation. Council had a balance of $10,360,042 in reserve funds as at 30 June 2019.

Information on borrowings is shown in note 10 on page 31 of the attached FinancialStatements and shows Council had total principal outstanding of $3,744,012 as at 30 June2019.

Rates, Sundry Debtors and Other Receivables

Rates revenue information is shown in note 9 on page 30 of the attached FinancialStatements. Rates outstanding are shown on note 6 on page 26 and show a balance of$243,797 as compared to $300,706 this time last year.

Sundry debtors are shown on note 6, page 26 of the attached Financial Statements. Thesundry debtors show that 8% or $9,985 is older than 90 days. Infringement debtors areshown on note 6 page 27 and stood at $412,376 as at 30 June 2019.

Budget Amendments

The budget amendments are listed on pages 12, 13 and 25 of the Financial Statements

VOTING REQUIREMENT

Simple Majority



THAT Council RECEIVE the Financial Statements for the period 1 July 2018 to 30 June 2019as submitted to the 23 July 2019 meeting of Council.

Carried 6/0


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10.1.18 BUDGET AMENDMENT - WAYFINDING DEMONSTRATION PROJECT

File Ref: SUB/2792Attachments: 10.1.18(a) Wayfinding DrawingResponsible Officer: Mat Humfrey, Chief Executive OfficerAuthor: Denise Tyler-Hare, Project ManagerAuthor Disclosure of Interest: Nil

SUMMARY

The Council is requested to approve a budget amendment of $15,000 from the ActiveTransport Infrastructure Reserve to fun a wayfinding demonstration project supported bythe Public Transport Authority (PTA).

The PTA will reimburse the Town for the expenditure provided the works are completed bythe end of August 2019.

BACKGROUND

The PTA are providing a contribution to undertake a wayfinding project that supportspedestrians and cyclists finding their way to the train stations within the Town of Cottesloe.The Administration will be responsible for managing the design and implementation for theproject. Our Traffic Engineering Consultants, Edge Transport has been engaged to undertakethis work, and have prepared a draft plan, as per the attached four drawings.



Priority Area 2: Achieving connectivity between east and west Cottesloe

Major Strategy 1.1: Develop an ‘integrated transport strategy’ that includes cycling, park andride, Cott Cat, public transport and parking management strategies to meet the needs ofpedestrians, cyclists and other non-vehicular traffic.


Priority Area 3: Enhancing beach access and the foreshore.

Major Strategy 3.4: Increase public transport services and solutions for moving people toand from the beach area.

POLICY IMPLICATIONS






Page 101


A budget amendment of $15,000 is required to undertake these works. It is suggested thatthis is transferred from the Active Transport Infrastructure Reserve Fund, noting that thePTA will reimburse the Town for the works undertaken provided completion is achievedbefore the end of August 2019.


There are no perceived staffing implications arising from the officer’s recommendation. Theworks will be undertaken by an external contractor.


Improving wayfinding within the Town provides improved service for tourists and visitors tothe area, and encourages them to use more sustainable public transport, cycling andwalking.

CONSULTATION

Bike Planning Committee


OFFICER COMMENT

The design has been reviewed and consolidated by the Administration and the Bike PlanningCommittee, to provide key wayfinding markers on footpaths and shared paths to and fromthe beach. This will improve directions to places of interest within Cottesloe, particularly forvisitors unfamiliar with getting to these destinations. Furthermore, the implementation ofthis strategy is funded by the Public Transport Authority and will promote more sustainablemodes of travel such as cycling for people getting around Cottesloe.

The works would need to be completed before the end of August 2019 to qualify for thiscontribution.

Given the above, it is recommended that Council approve the reimbursable budgetamendment for the works to occur.

VOTING REQUIREMENT

Absolute Majority



THAT Council by absolute majority APPROVE a budget amendment of $15,000 to fund thewayfinding demonstration project;

1. APPROVES the transfer of the funds required in point one from the Active TransportInfrastructure Reserve;

2. NOTES that the expenditure from point one and two will be reimbursed by the Public


Page 102

Transport Authority upon completion of the works;

3. NOTES that the works need to be completed by the end of August 2019 to qualify forthis contribution.

Carried by Absolute Majority 6/0


Page 103

10.2 RECEIPT OF COMMITTEE MINUTES

10.2.1 RECEIPT OF COMMITTEE MINUTES

Attachments: 10.2.1(a) Unconfirmed Minutes - Community Safety andCrime Prevention Committee - 18 June 2019[under separate cover]

10.2.1(b) Unconfirmed Minutes - Art Advisory Panel - 18June 2019 [under separate cover]

10.2.1(c) Unconfirmed Minutes - North Cottesloe PrimarySchool Traffic Safety Committee - 10 July 2019[under separate cover]



That Council note the attached Unconfirmed Minutes of the Committee Meetings.

Carried 6/0


Page 104

10.3 REPORTS OF COMMITTEES

10.3.1 ART ACQUISITION PANEL RECOMMENDATIONS

File Ref: SUB/2798Attachments: 10.3.1(a) Sculpture Information - Threshold of a Dream

[under separate cover]Responsible Officer: Mat Humfrey, Chief Executive OfficerAuthor: Mat Humfrey, Chief Executive OfficerAuthor Disclosure of Interest: Nil


Cr Tucak declared an IMPARTIALITY INTEREST item 10.3.1 by virtue “I am a former directorand a current member of the Chamber of Arts and Culture.”

SUMMARY

The Art Advisory Panel (committee) met on 18 June 2019 and the Minutes have beenincluded for noting at the July 2019 Ordinary Council Meeting. There are threerecommendations that are being put forward for Council’s consideration.

BACKGROUND

N/A




Major Strategy 5.2: Manage assets that have a realisable value.

POLICY IMPLICATIONS







There are no perceived staffing implications arising from the committee’s recommendations.


Page 105


There are no perceived sustainability implications arising from the committee’srecommendations.

CONSULTATION

Nil

OFFICER COMMENT

Recommendation 1

There are no legislative or policy implications that would arise from this recommendation. Itis also believed that the Town’s insurance policies would also cover the item for theft ordamage while on loan, unless the damage was caused by the actions of the body the itemwas loaned to.

If Council wishes to proceed with the loan, we would need to seek the agreement of theShire of Peppermint Grove and enter into a formal agreement with them.

Recommendation 2

Subsequent to the latest committee meeting, we have been informed by Sculpture by theSea that a sponsor has been found and that the 2020 event will go ahead as previouslyagreed. This has also been the subject of a public announcement by Sculpture by the Sea.

If Council wished to progress with the recommendation, a budget amendment would berequired as the funds are currently set aside for the purchase of a sculpture. In order for thefunds to be used to provide sponsorship, it would need to be reallocated from the capitalsection of the budget into the operating section.

Recommendation 3

This recommendation is supported by the administration. The Town, by virtue of hostingSculpture by the Sea and having a significant public art collection would benefit from being amember of the Chamber of Arts and Culture with increased access to news and informationon what is happening within the sector as well as increased access to training and support.The funds required for membership can be sourced from existing operating budgets.

VOTING REQUIREMENT

Simple Majority

Cr Tucak requested that points 1 and 3 be dealt with first and point 2 considered separately.

COMMITTEE RECOMMENDATIONS

1. That the AAP recommends that the sculpture “Threshold of a Dream” to be offered tothe Grove Library on a loan basis

2. That Council raises with Sculpture by the Sea the scope for the Town to match publicfunds raised by Sculpture by the Sea, for example through the Australian Cultural Fund,


Page 106

specifically in support of the 2020 Cottesloe event up to a cap of $75,000;

3. The AAP resolves that the Town joins the Chamber of Arts and Culture for 2019/20 as alocal government member for $385 to reflect the AAP’s intent to increase arts andculture activity in the Town.

COUNCIL RESOLUTION

Moved Cr Tucak Seconded Cr Sadler

1. That the AAP recommends that the sculpture “Threshold of a Dream” to be offeredto the Grove Library on a loan basis on terms agreed;

3. The AAP resolves that the Town joins the Chamber of Arts and Culture for 2019/20 asa local government member for $385 to reflect the AAP’s intent to increase arts andculture activity in the Town.

Carried 6/0

PROCEDURAL MOTION

Moved Cr Tucak Seconded Cr Sadler

That point 2 of the committee recommendation not be put.

Carried 6/0


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11 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

11.1 COUNCILLOR MOTION - TOWN OF COTTESLOE SPEED REFORM MOTION

The following motion has been proposed by Cr Sadler.

COUNCILLOR MOTION

THAT Council requests the Town of Cottesloe to progress road safety through the followingmeans

1. That Council adopt the following statement which is to be put to the Central ZoneMeeting of the WA Local Government Association;

“That the WA Local Government Association develop a policy on the traffic speeds inurban West Australia to meet the needs of current and future Australians based onnational and international evidence regarding safety, amenity, illness prevention andsustainability.

That the policy statement be used to progress speed reform in urban WA.

That the WA Local Government Association prepare and send a submission to theRoad Safety Commission WA, supporting its Imagine Zero Safe Systems philosophy forroad safety Scenario 2, including the lowering of speed limits in metropolitan areas by10km/hr.”

2. That the Town of Cottesloe prepare and send a submission by 1.9.2019 to the RoadSafety Commission (RSC) WA supporting its Imagine Zero Safe Systems philosophy forroad safety Scenario 2, including the lowering of speed limits in metropolitan Perth by10km/hour.

COUNCILLOR MOTION

Moved Cr Sadler Seconded Cr Thomas

THAT Council requests the Town of Cottesloe to progress road safety through thefollowing means

1. That Council adopt the following statement which is to be put to the Central ZoneMeeting of the WA Local Government Association;

“That the WA Local Government Association develop a policy on the traffic speeds inurban West Australia to meet the needs of current and future Australians based onnational and international evidence regarding safety, amenity, illness prevention andsustainability. That the policy statement be used to progress speed reform in urbanWA. That the WA Local Government Association prepare and send a writtensubmission to the Road Safety Commission WA, supporting its Imagine Zero SafeSystems philosophy for road safety, including speed reform in urban WA”.

2. That the Town of Cottesloe prepare and send a written submission by 1 September2019 to the Road Safety Commission (RSC) WA supporting its Imagine Zero Safe


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Systems philosophy for road safety speed reform in urban WA.

Carried 6/0

COUNCILLOR RATIONALE

1. Local Government has an important leadership role to play in assisting the Road SafetyCommission to reduce the number of people who are being killed and injured on WestAustralian roads because the majority of roads in WA are under local governmentcontrol.

2. Maintaining current practices in WA will result in 1, 623 people predicted to be killedand 15,955 seriously injured on WA roads in the next 10 years.

3. Adopting the Road Safety Commission’s more progressive Scenario 2 including speedreform of 10km/hour reduction will result in and estimated 519 lives saved and 5,477fewer major injuries in the next 10 years

4. Recommendation 8 from the 2018 Inquiry into the National Road Safety Strategy is to“Accelerate the adoption of speed management initiatives that support harmelimination”https://roadsafety.gov.au/nrss/files/NRSS_Inquiry_Factsheet_September_2018.pdfThe most effective way to accelerate speed management initiatives is through speedreform.

5. In particular lowering speed on residential streets is the future of our cities. It saveslives in the short term. 90% of people hit by a car at 50km/hr die or are severelyinjured, 75% of people hit by a car at 30km/hr survive. (Austroads research report AP-R498-15)

6. Importantly lower speeds on residential streets will make them people friendly, saferfor those on bikes and on foot. This in turn creates large benefits improving the healthof our populations through increased physical activity

7. Journey times are not significantly increased, particularly when the benefits of reducedcongestion are factored in.

8. WA is the lagging behind Victoria, Queensland, NSW and South Australia, whosedefault speed limit on high speed roads is now 100km/hour unless otherwise specified

https://issuu.com/roadsafetycommission/docs/imagine_zero_consultation_paper_fin/1?ffp 46-7

OFFICER COMMENT

Nil

https://roadsafety.gov.au/nrss/files/NRSS_Inquiry_Factsheet_September_2018.pdf

https://issuu.com/roadsafetycommission/docs/imagine_zero_consultation_paper_fin/1?ff


Page 109

12 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETINGBY:

12.1 ELECTED MEMBERS

Nil

12.2 OFFICERS

For the benefit of the public in attendance, this item was dealt with at the conclusion of item10.1.11

The CEO Mr Mat Humfrey, advised that due to unforeseen circumstances an administrativeerror in preparation of the Ordinary Council Meeting Agenda had omitted the NorthCottesloe Primary School Traffic Safety Committee Recommendation of 10 July 2019.

The CEO requested the Recommendation be introduced for the purpose of considering thecommittee recommendation as it contained deadlines that fell prior to the August OrdinaryCouncil Meeting.

VOTING REQUIREMENT

Absolute Majority

COUNCIL RESOLUTION

Moved Cr Harkins Seconded Cr Thomas

That the Council ACCEPT the North Cottesloe Primary School Traffic Safety CommitteeRecommendation from the 10 July 2019 as new business of an urgent nature, for thepurpose of considering the committee recommendation.

Lost 3/3For: Crs Rodda, Young and Harkins

Against: Crs Tucak, Sadler and ThomasAbsolute Majority not achieved

At this point business was resumed in sequence from item 10.1.7 of the agenda.


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13 MEETING CLOSED TO PUBLIC

13.1 MATTERS FOR WHICH THE MEETING MAY BE CLOSED

MOTION FOR BEHIND CLOSED DOORS

Moved Cr Thomas Seconded Cr Young

That, in accordance with Standing Orders 15.10, Council discuss the confidential reportsbehind closed doors.

Carried 6/0

The public and members of the media were requested to leave the meeting at 8:47pm.

The Presiding Member announced a brief recess for Elected Members and staff, the meetingreconvened at 9:00pm.


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13.1.1 STRUCTURAL ENGINEERING CONSULTANCY - TENDER RECOMMENDATION

This item is considered confidential in accordance with the Local Government Act 1995section 5.23(2) (c) and (e(i)) as it contains information relating to a contract entered into, orwhich may be entered into, by the local government and which relates to a matter to bediscussed at the meeting and a matter that if disclosed, would reveal a trade secret.

File Ref: SUB/2792Attachments: 13.1.1(a) Structural Tender Review [CONFIDENTIAL]Responsible Officer: Mat Humfrey, Chief Executive OfficerAuthor: Shaun Kan, Manager, Engineering ServicesAuthor Disclosure of Interest: Project Manager is a previous employee of Pritchard

Francis.


Cr Tucak declared an IMPARTIALITY INTEREST item 13.1.1 by virtue “A relative works for onetenderer”

SUBSTANTIVE MOTION AND COUNCIL RESOLUTION

Moved Cr Young Seconded Cr Rodda

THAT Council APPROVE awarding the three year contract for the structural engineeringconsultancy to Capital House Australasia.

Carried 6/0

13.1.2 INDIANA TEA HOUSE LEASE ASSIGNMENT

This item is considered confidential in accordance with the Local Government Act 1995section 5.23(2) (c) and (d) as it contains information relating to a contract entered into, orwhich may be entered into, by the local government and which relates to a matter to bediscussed at the meeting and legal advice obtained, or which may be obtained, by the localgovernment and which relates to a matter to be discussed at the meeting.

File Ref: SUB/2792Attachments: 13.1.2(a) Assignment and Variation of Lease - Indiana Tea

Rooms - IITH (WA) Pty Ltd to Perth Venues PtyLtd [CONFIDENTIAL] [UNDER SEPARATE COVER]

13.1.2(b) Sublease - Indiana Teahouse - Perth Venues toNorth West Venues [CONFIDENTIAL] [UNDERSEPARATE COVER]

13.1.2(c) Letter from Town of Cottesloe to Perth Venues[CONFIDENTIAL] [UNDER SEPARATE COVER]

13.1.2(d) Letter - Section 18 Approval - Assignment ofLease [CONFIDENTIAL] [UNDER SEPARATECOVER]

Responsible Officer: Mat Humfrey, Chief Executive OfficerAuthor: Mat Humfrey, Chief Executive OfficerAuthor Disclosure of Interest: Nil


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THAT Council NOTE the final draft of the Assignment of Lease, Sublease and Side letter, asprovided in Attachments 1 to 3, and confirm that the Mayor and Chief Executive Officerare authorised to execute the documents and affix the Common Seal.

Carried 6/0

MOTION FOR BEHIND CLOSED DOORS

Moved Cr Sadler Seconded Cr Harkins

In accordance with Standing Orders 15.10 that the meeting be re-opened to members ofthe public and media.

Carried 6/0

Members of the media returned to the meeting at 9:10pm.


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13.2 PUBLIC READING OF RECOMMENDATIONS THAT MAY BE MADE PUBLIC

13.1.1 STRUCTURAL ENGINEERING CONSULTANCY - TENDERRECOMMENDATION

The resolution for item 13.1.1 was read aloud.

13.1.2 INDIANA TEA HOUSE LEASE ASSIGNMENT

The resolution for item 13.1.2 was read aloud.

14 MEETING CLOSURE

The Presiding Member, Deputy Mayor Rodda announced the closure of the meetingat 9:12pm.

Documents

TOWN OF COTTESLOE · 7/23/2019 · 11 July 2019 addressed to Mr E I Drewett? A1. The letter was distributed to all Elected Members by Memo on 18 July 2019. Ms Yvonne Hart – 26