City of Belmont City of Opportunity - belmont.wa.gov.au · City of Belmont City of Opportunity ......

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City of Belmont City of Opportunity NOTICE OF MEETING Dear Councillor I respectfully advise that the ORDINARY COUNCIL MEETING will be held in the Council Chamber of the City of Belmont Civic Centre, 215 Wright Street, Cloverdale, on Tuesday, 28 October 2014 commencing at 7.00pm. MEETING AGENDA ATTACHED Yours faithfully Stuart Cole CHIEF EXECUTIVE OFFICER 17 October 2014 PLEASE READ THE FOLLOWING IMPORTANT DISCLAIMER BEFORE PROCEEDING Any plans or documents in agendas and minutes may be subject to copyright. The express permission of the copyright owner must be obtained before copying any copyright material. Any statement, comment or decision made at a Council meeting regarding any application for an approval, consent or licence, including a resolution of approval, is not effective as an approval of any application and must not be relied upon as such. Any person or entity who has an application before the City must obtain, and should only rely on, written notice of the City’s decision and any conditions attaching to the decision, and cannot treat as an approval anything said or done at a Council meeting. Any advice provided by an employee of the City on the operation of a written law, or the performance of a function by the City, is provided in the capacity of an employee, and to the best of that person’s knowledge and ability. It does not constitute, and should not be relied upon, as a legal advice or representation by the City. Any advice on a matter of law, or anything sought to be relied upon as a representation by the City should be sought in writing and should make clear the purpose of the request. Any plans or documents in agendas and minutes may be subject to copyright.

Transcript of City of Belmont City of Opportunity - belmont.wa.gov.au · City of Belmont City of Opportunity ......

City of Belmont City of Opportunity

NOTICE OF MEETING Dear Councillor I respectfully advise that the ORDINARY COUNCIL MEETING will be held in the Council

Chamber of the City of Belmont Civic Centre, 215 Wright Street, Cloverdale, on Tuesday,

28 October 2014 commencing at 7.00pm.

MEETING AGENDA ATTACHED Yours faithfully Stuart Cole CHIEF EXECUTIVE OFFICER 17 October 2014

PLEASE READ THE FOLLOWING IMPORTANT DISCLAIMER BEFORE PROCEEDING

Any plans or documents in agendas and minutes may be subject to copyright. The express permission of the copyright owner must be obtained before copying any copyright material. Any statement, comment or decision made at a Council meeting regarding any application for an approval, consent or licence, including a resolution of approval, is not effective as an approval of any application and must not be relied upon as such. Any person or entity who has an application before the City must obtain, and should only rely on, written notice of the City’s decision and any conditions attaching to the decision, and cannot treat as an approval anything said or done at a Council meeting. Any advice provided by an employee of the City on the operation of a written law, or the performance of a function by the City, is provided in the capacity of an employee, and to the best of that person’s knowledge and ability. It does not constitute, and should not be relied upon, as a legal advice or representation by the City. Any advice on a matter of law, or anything sought to be relied upon as a representation by the City should be sought in writing and should make clear the purpose of the request. Any plans or documents in agendas and minutes may be subject to copyright.

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City of Belmont

ORDINARY COUNCIL MEETING

AGENDA

TABLE OF CONTENTS 28 October 2014

ITEM SUBJECT HEADING PAGE

NOTICE OF MEETING

1. OFFICIAL OPENING ...................................................................................... 1

2. APOLOGIES AND LEAVE OF ABSENCE ..................................................... 1

3. DECLARATIONS OF INTEREST THAT MIGHT CAUSE A CONFLICT ......... 1 3.1 FINANCIAL INTERESTS ....................................................................................... 1 3.2 DISCLOSURE OF INTEREST THAT MAY AFFECT IMPARTIALITY ............................... 1

4. ANNOUNCEMENTS BY THE PRESIDING MEMBER (WITHOUT DISCUSSION) AND DECLARATIONS BY MEMBERS .................................. 2

4.1 ANNOUNCEMENTS ............................................................................................. 2 4.2 DISCLAIMER...................................................................................................... 2 4.3 DECLARATIONS BY MEMBERS WHO HAVE NOT GIVEN DUE CONSIDERATION

TO ALL MATTERS CONTAINED IN THE BUSINESS PAPERS PRESENTLY

BEFORE THE MEETING ...................................................................................... 2

5. PUBLIC QUESTION TIME .............................................................................. 2 5.1 RESPONSES TO QUESTIONS TAKEN ON NOTICE .................................................. 2

5.1.1 Mr Bill Childs, 122 Sydenham Street, Kewdale ............................. 2 5.2 QUESTIONS FROM MEMBERS OF THE PUBLIC ..................................................... 4

6. CONFIRMATION OF MINUTES/RECEIPT OF INFORMATION MATRIX ....... 4 6.1 ORDINARY COUNCIL MEETING HELD 23 SEPTEMBER 2014 .................................. 4 6.2 INFORMATION MATRIX FOR THE AGENDA BRIEFING FORUM HELD 21

OCTOBER 2014 ................................................................................................ 5

7. QUESTIONS BY MEMBERS ON WHICH DUE NOTICE HAS BEEN GIVEN (WITHOUT DISCUSSION) .................................................................. 5

8. QUESTIONS BY MEMBERS WITHOUT NOTICE .......................................... 5 8.1 CR P GARDNER ................................................................................................ 5

9. NEW BUSINESS OF AN URGENT NATURE APPROVED BY THE PERSON PRESIDING OR BY DECISION ...................................................... 5

ORDINARY COUNCIL MEETING 28 October 2014

ITEM SUBJECT HEADING PAGE

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10. BUSINESS ADJOURNED FROM A PREVIOUS MEETING ........................... 5

11. REPORTS OF COMMITTEES ........................................................................ 5 11.1 STANDING COMMITTEE (ENVIRONMENTAL) HELD 22 SEPTEMBER 2014 ................ 5

12. REPORTS OF ADMINISTRATION ................................................................. 6 12.1 PROPOSED MULTIPLE DWELLINGS – LOT 81 (8) GILD STREET, CLOVERDALE ....... 6 12.2 PROPOSAL FOR NAME TO BE INCLUDED IN THE CITY OF BELMONT SCHEDULE

OF NAMES RESERVED FOR STREETS AND PARKS .............................................. 24 12.3 2014 COMMUNITY SERVICE AWARDS ............................................................... 31 12.4 REVIEW OF THE CITY OF BELMONT POLICY MANUAL 2014 ................................. 35 12.5 2014-2015 OCTOBER BUDGET REVIEW ............................................................ 41 12.6 ACCOUNTS FOR PAYMENT – SEPTEMBER 2014 ................................................ 46 12.7 MONTHLY ACTIVITY STATEMENT AS AT 30 SEPTEMBER 2014............................. 49 12.8 WALGA POLL PROVISIONS ADVOCACY POSITION ............................................. 55

13. REPORTS BY THE CHIEF EXECUTIVE OFFICER ...................................... 61 13.1 REQUESTS FOR LEAVE OF ABSENCE ................................................................ 61

14. MATTERS FOR WHICH THE MEETING MAY BE CLOSED ........................ 61

15. CLOSURE .................................................................................................... 61 ATTACHMENTS INDEX Attachment 1 – Item 12.1 refers Attachment 2 – Item 12.1 refers Attachment 3 – Item 12.2 refers Attachment 4 – Item 12.3 refers Attachment 5 – Item 12.4 refers Attachment 6 – Item 12.5 refers Attachment 7 – Item 12.5 refers Attachment 8 – Item 12.5 refers Attachment 9 – Item 12.6 refers Attachment 10 – Item 12.7 refers CONFIDENTIAL ATTACHMENTS INDEX Confidential Attachment 1 – Item 12.3 refers Confidential Attachment 2 – Item 12.3 refers

Councillors are reminded to retain the OCM Attachments for discussion with the Minutes

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1. OFFICIAL OPENING

The Presiding Member will cause the Affirmation of Civic Duty and Responsibility to be read aloud by a Councillor.

Affirmation of Civic Duty and Responsibility

I make this affirmation in good faith and declare that I will duly, faithfully,

honestly, and with integrity fulfil the duties of my office for all the people in

the City of Belmont according to the best of my judgement and ability. I will

observe the City’s Code of Conduct and Standing Orders to ensure the

efficient, effective and orderly decision making within this forum.

2. APOLOGIES AND LEAVE OF ABSENCE

3. DECLARATIONS OF INTEREST THAT MIGHT CAUSE A CONFLICT Councillors/Staff are reminded of the requirements of s5.65 of the Local Government Act 1995, to disclose any interest during the meeting when the matter is discussed, and also of the requirement to disclose an interest affecting impartiality under the City’s Code of Conduct.

3.1 FINANCIAL INTERESTS A declaration under this section requires that the nature of the interest must be disclosed. Consequently a member who has made a declaration must not preside, participate in, or be present during any discussion or decision making procedure relating to the matter the subject of the declaration. Other members may allow participation of the declarant if the member further discloses the extent of the interest and the other members decide that the interest is trivial or insignificant or is common to a significant number of electors or ratepayers.

Name Item No and Title Nature of Interest (and extent, where appropriate)

3.2 DISCLOSURE OF INTEREST THAT MAY AFFECT IMPARTIALITY

Councillors and staff are required (Code of Conduct), in addition to declaring any financial interest, to declare any interest that might cause a conflict. The member/employee is also encouraged to disclose the nature of the interest. The member/employee must consider the nature and extent of the interest and whether it will affect their impartiality. If the member/employee declares that their impartiality will not be affected then they may participate in the decision making process.

Name Item No and Title

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4. ANNOUNCEMENTS BY THE PRESIDING MEMBER (WITHOUT DISCUSSION) AND DECLARATIONS BY MEMBERS

4.1 ANNOUNCEMENTS 4.2 DISCLAIMER 4.3 DECLARATIONS BY MEMBERS WHO HAVE NOT GIVEN DUE CONSIDERATION TO

ALL MATTERS CONTAINED IN THE BUSINESS PAPERS PRESENTLY BEFORE THE

MEETING

5. PUBLIC QUESTION TIME 5.1 RESPONSES TO QUESTIONS TAKEN ON NOTICE 5.1.1 Mr Bill Childs, 122 Sydenham Street, Kewdale The following questions were taken on notice at the Ordinary Council Meeting of 23 September 2014. Mr Childs was provided with a response on 13 October 2014. The response from the City is recorded accordingly: 1a Reference – Key Performance Indicators.

We’re all indebted to Lisa Dobrin for her enthusiasm for service to the highest level. Following my question Lisa hurriedly constructed a sample of KPI’s for future consideration. I suggest best practice is to have strategy and measurement developed together. In the sample, a series of workshops are listed. I asked if that list should reflect the results of rigorous state and national surveys of what concerns youth most? Lisa is embarking on a very ambitious list of workshops using contracted foster care model service delivery.

Response The list of suggested workshop topics was developed as a result of detailed research undertaken by the Youth and Community Projects Coordinator to develop the Youth Strategic Plan. This involved research at both state and national levels from a range of resources including reference to detailed findings identified in the Our Youth Our Future, Western Australia’s Youth Strategic Framework and the National Strategy for Young Australians. As stated in the City’s Youth Strategic Plan, local youth were consulted through various methods of engagement. The youth community has told us about what is important to them, what they would like to see for the future, and how the City can support and encourage them to work towards these goals. This information in addition to the research at a state and national level has assisted in developing the list of workshops.

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Item 5.1.1 Continued

1b Relating to mechanical services to Peet Park and Forster Park.

I left high school as head boy to a cadetship with Western Australia’s leading mechanical service contractor, attending Curtin University and working under the mentoring of a highly respected engineering team. I’ve continued in this industry ever since. So my challenge to the best practice of the application of the mechanical services to these two buildings remain and suggest the toilet exhaust on Peet Park stands as a monument to poor decisions?

Response

Toilet Exhaust System at Peet Park As it was a very small project it did not seem necessary to have a Mechanical Consultant design the system. The key driver was that an appropriate system be installed that had the required air-flows; in fact the system exceeds the minimum required standard.

Evaporative Cooler Installation at Peet Park This system was installed by a suitably experienced Contractor. The system selection was based on the usage profile, suitability for purpose and the available budget. The Contractor has carried out a more detailed review of the installation and he believes that for a six outlet system, all components are appropriate and have been installed correctly with a dropper that is 1,200mm long.

Evaporative Cooler Installation at Forster Park The issues raised were referred to the Consultant to be reviewed. He has reviewed the design and the installation and it is his view that the evaporative cooler installation complies with Australian Standards.

2. Concern for future instant termination of Planning Staff.

I thank the Chief Executive Officer for informing me of the present City’s Vision and suggest this excellent statement is inclusive of all of us, including staff. That web page still shows Glenys Godfrey as Mayor. Despite the encouraging ‘Values’, does the Chief Executive Officer responses mean that should the business model require immediate mass termination it would be likely?

Response To suggest Planning staff face future instant termination for winning awards or for any other reason is outrageous and barely warrants answering. Thank you for bringing to our attention that the web page had still shown Glenys Godfrey as Mayor. This has now been remedied.

ORDINARY COUNCIL MEETING 28 October 2014

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Item 5.1.1 Continued

3 Facebook.

I can’t find another Local Government that doesn’t have Facebook community communication. Three years ago there was a strong request for Facebook to better serve youth communication and it became the stimulus for the mass termination. About two years ago you announced in the Belmont Bulletin the launching of Twitter and Facebook. An Ordinary Council Meeting question about 12 months ago had a response saying Belmont City have unique issues that prevent Facebook suitability. Lisa has listed in the KPI’s, Facebook is a high priority. What are the issues that make our City so different to all the other Local Governments? Are you concerned of the possible ramification of the debacle of the mass termination of the Youth and Family Service? A quick assessment of neighbouring local governments with Facebook: Bayswater, Victoria Park, South Perth, Wanneroo, Serpentine, Jarrahdale, Perth, Subiaco, Mosman Park, Joondalup, Canning, Kalamunda, Kwinana, Rockingham.

Further afield we have country areas: Trayning, Dundas, Manjimup, Waroona, Murray and Dandaragan. The Western Australian Police, Department of Local Government and Communities – Youth Facebook and the list continues.

Response Social networking is used by the City of Belmont where appropriate and as advised in responses to previous questions, will be implemented when needs are identified by the City. 5.2 QUESTIONS FROM MEMBERS OF THE PUBLIC 6. CONFIRMATION OF MINUTES/RECEIPT OF INFORMATION MATRIX 6.1 ORDINARY COUNCIL MEETING HELD 23 SEPTEMBER 2014

(Circulated under separate cover)

OFFICER RECOMMENDATION That the minutes of the Ordinary Council Meeting held on 23 September 2014 as printed and circulated to all Councillors, be confirmed as a true and accurate record.

ORDINARY COUNCIL MEETING 28 October 2014

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6.2 INFORMATION MATRIX FOR THE AGENDA BRIEFING FORUM HELD 21 OCTOBER 2014 (Circulated under separate cover)

OFFICER RECOMMENDATION That the Information Matrix for the Agenda Briefing Forum held on 21 October 2014 as printed and circulated to all Councillors, be received and noted. 7. QUESTIONS BY MEMBERS ON WHICH DUE NOTICE HAS BEEN GIVEN

(WITHOUT DISCUSSION) 8. QUESTIONS BY MEMBERS WITHOUT NOTICE 8.1 CR P GARDNER At the Ordinary Council Meeting of 23 September 2014, Cr Gardner referred to the Minutes of the Ordinary Council Meeting of 26 August 2014, in particular, Item 8.1 ‘Questions By Members Without Notice’. “In the Ordinary Council Meeting Agenda, 26 August 2014 (refer Item 5.1.1); a

response was detailed to questions asked by Mr Bill Childs at the Ordinary Council Meeting of 22 July 2014. At Question 2, a reference was made regarding crime and policing – “The written management guided response indicated it is not the role of Belmont City Security to reduce crime but to present the perception of reducing crime”. All other paragraphs were responded to except for this one. Has the correspondence referred to been tracked down?”

For the information of Councillors, a letter dated 28 August 2014 was sent to Mr Childs and a memo was sent to Councillors via the Portal on 24 September 2014, which included a copy of the letter sent to Mr Childs. 9. NEW BUSINESS OF AN URGENT NATURE APPROVED BY THE

PERSON PRESIDING OR BY DECISION 10. BUSINESS ADJOURNED FROM A PREVIOUS MEETING 11. REPORTS OF COMMITTEES

11.1 STANDING COMMITTEE (ENVIRONMENTAL) HELD 22 SEPTEMBER 2014 (Circulated under separate cover)

OFFICER RECOMMENDATION

That the Minutes for the Standing Committee (Environmental) meeting held on 22 September 2014 as previously circulated to all Councillors, be received and noted.

ORDINARY COUNCIL MEETING 28 October 2014

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12. REPORTS OF ADMINISTRATION 12.1 PROPOSED MULTIPLE DWELLINGS – LOT 81 (8) GILD STREET, CLOVERDALE

BUILT BELMONT ATTACHMENT DETAILS

Attachment No Details Attachment 1 – Item 12.1 refers Submission Table

Attachment 2 – Item 12.1 refers Development Application Plans

Voting Requirement : Simple majority Subject Index : 115/001 Location / Property Index : Lot 81 (8) Gild Street, Cloverdale Application Index 504/2014/DA Disclosure of any Interest : N/A Previous Items : N/A Applicant : Doepel Marsh Architects Owner : Dunamis Pty Ltd Responsible Division : Community and Statutory Services COUNCIL ROLE

Advocacy When Council advocates on its own behalf or on behalf of its community to another level of government/body/agency.

Executive The substantial direction setting and oversight role of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Legislative Includes adopting local laws, local planning schemes and policies.

Review When Council reviews decisions made by Officers. Quasi-Judicial When Council determines an application/matter that directly

affect a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of quasi-judicial authority include local planning applications, building licences, applications for other permits/licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

PURPOSE OF REPORT For Council to consider a development application for eight multiple dwellings at Lot 81 (8) Gild Street, Cloverdale (refer Attachment 2).

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.1 Continued

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SUMMARY AND KEY ISSUES The City has received an application for planning approval for eight multiple dwellings consisting of two-one bedroom units and six-two bedroom units at Lot 81 (8) Gild Street, Cloverdale. The subject lot is zoned Residential R20/50/100 under the City of Belmont Local Planning Scheme No. 15 (LPS15). The application complies with the City’s LPS15 and Local Planning Policy No. 1 – Town Centre Density Bonus Requirements (LPP1) but proposes a variation to the side and rear setback requirements of the Residential Design Codes (R-Codes). The application was referred to adjoining neighbours for the City to consider any submissions as part of the planning assessment. Concerns have been raised by the adjoining residents. These relate to car parking, privacy/overlooking, overshadowing and noise. Given the concerns raised in the submissions, it is appropriate for the application to be determined by Council rather than by the City’s Officers under delegated authority. It is recommended that Council approve the application. LOCATION The subject property is located at Lot 81 (8) Gild Street, Cloverdale. The site is 819 square metres and has a frontage of 18.1 metres (refer to Figure 1).

Figure 1 – LPS15 Scheme Map Extract

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.1 Continued

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Figure 2 – Aerial Photo

The site consists of a brick and tile single house constructed in the 1960s. There is also an established verge tree which will not be affected by the proposed development.

Figure 3 – Existing Dwelling

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.1 Continued

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CONSULTATION Category B applications are those that need advertising, additional information, documentation or revisions, approvals from other bodies such as Committees or Council, or are building licences that required a development application. Category B applications may need statutory advertising, referral to neighbours or consideration by Council. The subject application was advertised to the adjoining neighbours, as a variation has been proposed to Table 5 of the R-Codes which requires a 4 metre side setback for lots that have a frontage greater than 16 metres. A variation is also proposed to Table 2A of the R-Codes regarding the rear boundary, upper floor setback.

Figure 4: Properties Referred to and Objections Received

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.1 Continued

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A total of six referral letters were sent out to adjoining neighbours. Of the six properties referred to, three objections were received (refer Attachment 1). The objections related to the following issues which have been addressed in the aforementioned submissions table and in the ‘Officer Comment’ section of the report below:

Privacy/overlooking

Overshadowing

Car parking

Noise. STRATEGIC COMMUNITY PLAN IMPLICATIONS In accordance with the Strategic Community Plan Key Result Area: Built Belmont. Objective: Achieve a planned City that is safe and meets the needs of the community. Strategy: Encourage a wide choice and consistent implementation of development approaches. POLICY IMPLICATIONS State Planning Policy 3.1–Residential Design Codes The development standards for medium residential multiple dwellings are required to adhere to the provisions as stated in Part 6 of the R-Codes (design elements for multiple dwellings in areas coded R30 or greater and within mixed use development and activity centres). Part 6 comprises of four parts and any development application assessed against the R-Codes must satisfy the deemed-to-comply provisions under each part. Should the application not be able to satisfy the deemed-to-comply provision, an assessment under the Design Principles is undertaken which requires the applicant to provide further justification as to why the application is acceptable and complies with the objectives of the R-Codes. Local Planning Policy No 1 Town Centre Density Bonus Requirements The provisions of LPP1 complement the R-Codes to achieve the highest standard of streetscape and quality living environments within the Town Centre Precinct. The Policy outlines the criteria against which all applications are required to be assessed where the density is proposed above the R50 coding. The subject proposal complies with the seven points specified under LPP1.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.1 Continued

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Local Planning Policy No 13 Vehicular Access for Residential Development 4.3.1 Development of Multiple Dwellings

(a) For all developments comprising ‘Multiple Dwellings’ on a lot, a maximum of one vehicle crossover shall be permitted to provide access to all dwellings.

The subject application proposes one crossover and complies with the Policy. STATUTORY ENVIRONMENT Metropolitan Region Scheme The land is zoned ‘Urban’ under the Metropolitan Region Scheme (MRS). Local Planning Scheme No 15

The subject property is zoned ‘Residential R20/50/100’ under the City of Belmont LPS15.

Clause 5.7.3 sets out the development standards that apply when contemplating the development of land within any of the flexible coded areas above the base coding of R20. These provisions include:

(a) The frontage of the lot is not less than 16 metres.

(b) Any existing building or development which, in the opinion of the City, is of

low quality and incapable of being upgraded to a standard commensurate with new development is demolished.

(c) Developments of two or more dwellings shall have a minimum side setback

of 6 metres between the side wall of the first dwelling fronting the public street and the side boundary of the parent lot.

(d) Rear dwellings shall be designed so that significant sections of the front

elevations have an outlook to, and be visible from the public street (e) Single storey dwellings shall be permitted only up to an R30 density with a

mix of single and two storey dwellings up to a density of R40 provided that 50% or greater of the dwellings are two storey.

(f) Solid external or internal fencing is not permitted where, in the opinion of

the City, views from dwellings to the public street will be limited. (g) Dwellings located on the front portion of a lot, or where there is more than

one street frontage, shall be oriented to address the public street(s). (h) Dwellings located adjacent to public open space shall be oriented to

provide informal surveillance of public areas (i) Solar design principles shall be incorporated in the dwelling design.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.1 Continued

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(j) For developments that propose dwellings adjacent to each other, carports and garages shall be incorporated into the house design so they do not dominate the appearance of the dwelling and the streetscape.

(k) Development on corner lots or lots with more than one frontage shall have

driveways from the street with lesser traffic. (l) The number of crossovers for any development shall be minimised.

Clause 10.2 lists matters the Council may consider, and include: (a) The aims and provisions of the Scheme. (b) The requirements of orderly and proper planning. (e) Any relevant policy or strategy of the Commission, Government or the

State. (I) The compatibility of a use or development with its setting. (j) Any social issues that have an effect on the amenity of the locality. (n) The preservation of the amenity of the locality. (o) The relationship of the proposal to development on adjoining land including

the likely effect of the height, bulk, scale, orientation and appearance of the proposal.

(p) Whether adequate provision has been made for parking of vehicles. (q) The amount of traffic likely to be generated by the proposal, particularly in

relation to the capacity of the road system in the locality and the probable effect on traffic flow and safety.

(t) Whether adequate provision has been made for access for pedestrians and

cyclists. (u) Whether adequate provision has been made for access by disabled

persons. (v) Whether adequate provision has been made for the landscaping of the

land. (y) Any relevant submissions received on the application. (za) Any other planning consideration the local government considers relevant.

Deemed Refusal Clause 10.9.2 of the City of Belmont LPS15 applies where a landuse is classified as a ‘D’ or ‘A’ use under the City of Belmont LPS15 Zoning Table and is subject to advertising requirements detailed in Clause 9.4 of the Scheme. As such, the application is ‘deemed to be refused’ if it is not determined within a 90 day period.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.1 Continued

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The only exception to these cases is where there is a written agreement for further time between the applicant and the City of Belmont. In this case, there is no written agreement for the statutory time period to be extended. The deemed refusal date for this application is 9 November 2014. Should Council defer this item then the deemed refusal rights will arise before the matter is referred back to Council. Right of Review Is there a right of review? Yes No The applicant/owner may make application for review of a planning approval/planning refusal to the State Administrative Tribunal (SAT) subject to Part 14 of the Planning and Development Act 2005. Applications for review must be lodged with SAT within 28 days. Further information can be obtained from the SAT website – www.sat.justice.wa.gov.au. BACKGROUND Lodgement Date: 11 August 2014 Use Class: D’ – Discretionary Use

Lot Area: 819m2 TPS Zoning: Residential R20/50/100

Estimated Value: 976,000 MRS: Urban

Site Description The subject property is surrounded predominantly by single houses and grouped dwellings. The site is within 250 metres of a high frequency bus route and 200 metres of the Belmont Forum Shopping Centre. The Proposal The application proposes the construction of eight multiple dwellings which are broken up into three separate buildings (see below). The site will be accessed via a proposed crossover on the north eastern boundary. The development is proposed at a density of R80 with a residential plot ratio area of 606.5 square metres. Each floor of the development is outlined below: Building A – First and Second Floor (Two Units – Units 1 and 2)

Two (2), one bedroom dwellings

Each of the dwellings are 65.25 square metres in size

All units are provided with a minimum of 10 square metres outdoor living area.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.1 Continued

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Building B – First and Second Floor (Five Units –Units 3, 4, 5 and 6)

Four (4), two bedroom dwellings

Dwellings range in size from 76 square metres to 85 square metres

All units provided with a minimum 10 square metres outdoor living area. Building C – Second and Third Floor (Two Units – Units 7 and 8)

Two (2), two bedroom dwellings

Each of the dwellings are 77 square metres in size

All units provided with a minimum 10 square metres outdoor living area

Communal area also provided at the top of the stairs for all residents. Assessment of Application The proposal complies with the City’s LPS15, LPP1 and Local Planning Policy No. 13 (LPP13) but proposes variations to the setback requirements of the R-Codes. The table below is a summary of the assessment against the development requirements:

Development Component

Required / Permitted Proposed Comment

Local Planning Scheme No. 15 and Local Planning Policy No. 13

Land Use Any use with a use class of P, D or A may be considered.

Multiple Dwellings – ‘D’.

The Scheme provides discretion for approval; Multiple Dwellings at the R80 density are a development type consistent with the Residential R20/50/100 zoning.

Frontage 16m 18.10m Complies

View corridors down the access leg

6m side setback between side wall of front unit and side boundary. Rear dwellings to address the street.

6m provided and rear dwellings address the street:

Unit 3, dining room window and Unit 3 terrace; and

Unit 8 terrace and bed 1 window.

Complies

Solid internal fencing Solid internal fencing is not permitted where, in the opinion of the City, views from dwellings to the street will be limited.

Front fencing compliant. All other internal fencing facing the street required to be constructed in masonry/timber.

Complies

Front dwellings address the street

Dwellings located on the front portion of a lot, or where there is

Building has habitable rooms and terraces addressing

Complies

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.1 Continued

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Development Component

Required / Permitted Proposed Comment

more than one street frontage, are oriented and designed to address all public street(s).

the street.

Solar design principles Solar design principles are incorporated in the design.

Primarily north facing outdoor living areas, doors and windows positioned to take advantage of south westerly breezes, eaves provided.

Complies

Crossovers The number of crossovers for any development is minimised, having regard to the relevant Local Planning Policy.

One crossover provided.

Complies

Local Planning Policy No. 1

1. Dwelling Diversity Dwelling diversity

(2 single bedroom units required).

Units 1 and 2 are proposed as single bedroom units.

Complies

2. Design standards

High standard of development in accordance with LPS15.

Complies with Cl. 5.7.3 of LPS 15.

Complies

3. Overshadowing No overshadowing greater than 50%.

Development does not overshadow any of the adjacent properties by greater than 50%:

10 Gild St– 24.88%

281 Belmont Av –5.15%

279 Belmont Av –9.18%.

Complies

4. Solar access and ventilation

Maximum winter sunlight and ventilation to the development whilst maintaining privacy.

Development has been oriented to maximise passive solar design (ie northern orientation of major openings to habitable rooms, courtyards and balconies) without compromising ventilation or privacy.

Complies

5. Urban design Exceptional urban design standards and internal feature provided

High design standard proposed with internal roof terrace providing amenity facilities for occupants and visitors.

Complies

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.1 Continued

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Development Component

Required / Permitted Proposed Comment

6. Community/streetscape benefit

External benefit to wider community/ streetscape (ie public art).

Public art being proposed on the front fence. Fence includes native flora as a design concept. Consultant will be engaged to finalise concept.

Complies

7.Energy efficiency /sustainability

High standard of energy efficient design and sustainable design.

Justification provided – northern orientation, shading through eaves, ventilation, sustainable building materials and water conservation techniques.

Complies

Residential Design Codes

Plot Ratio Max. 1.0 0.74 Complies

Building height Max wall height – 12m Max pitched roof height – 15m.

Max wall height proposed for 3

rd

storey component – 9.3m 10.8m highest point of skillion roof.

Complies

Building setbacks Table 5 side setbacks – 4m As per Table 2A and B of the R-Codes.

Proposal does not comply with the 4m side setback. A variation of 1.29m is proposed in lieu of 1.5m for the rear, upper floor wall

Variation – addressed in Officer comment section of report.

Boundary walls Max 2/3 at no higher than 3.5m on one side only.

The application proposes one boundary wall which is 3.6m on the rear boundary for two storerooms.

Complies

Open space N/A N/A Complies

Street surveillance The building has habitable room windows or balconies that face the street.

Building has habitable room windows (and terraces) addressing the street.

Complies

Front walls and fences Front walls and fences within the primary street setback area that is visually permeable 1.2m above natural ground level.

Propose visually permeable fencing above 1.2m.

Complies

Outdoor living area Each unit is to be provided with at least one balcony or equivalent, accessed directly from a

Each dwelling provided with terrace/courtyard located next to main living area of at least

Complies

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.1 Continued

17

Development Component

Required / Permitted Proposed Comment

habitable room with a minimum area of 10m² and a minimum dimension of 2.4m.

10m².

Landscaping Landscaping plan. Landscaping plan provided.

Complies and will be conditioned for its installation.

Car parking 8 resident bays, 3 visitor bays, and 3 bicycle bays

8 resident bays, 2 visitor bays and 3 bicycle bays provided.

Complies

Vehicle access Formed driveways designed for two way access and for vehicles to enter the street in forward gear.

5m driveway provided.

Complies

Visual privacy Screening if necessary.

Screening provided for balconies as required and major openings proposed (ie windows) all setback appropriately as per the R-Codes.

Complies

Solar overshadowing 50%. Development does not overshadow any of the adjacent properties by greater than 50%:

10 Gild St– 24.88%

281 Belmont Av –5.15%

279 Belmont Av –9.18%.

Complies

Street trees Tree to be protected. Tree is proposed to be retained.

Condition required ensuring protection during construction.

Drainage On-site On-site Complies - conditioned

Storerooms Each dwelling provided a 4m² storeroom with a min. dimension of 1.5m.

The development plans indicate a total of 8 storerooms.

Complies

Waste Management 12 sulo bins stored on site. Laundries comply.

See Officer Comment.

Complies

Table 1- Assessment Table

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.1 Continued

18

OFFICER COMMENT The primary matter for Council to consider is whether it is appropriate to approve the boundary setback variation. In accordance with R-Codes standards, only the setback variations were referred to impacted neighbours for comment. This matter as well as other concerns raised in the submissions is discussed below. Land Use The subject property is zoned R20/R50/R100 under the City of Belmont’s LPS15 which was gazetted on the 1 December 2011. In the process of developing LPS15, extensive community consultation was undertaken including advertising of the draft LPS15 prior to final adoption and gazettal. The consultation process identified the desire for a variety of housing types in the area, including multiple dwellings where strict development standards are satisfied. These development standards are outlined in Clause 5.7.3 of LPS15, LPP1 when developing above the R50 density, LPP13 and State Planning Policy 3.1 – Residential Design Codes (R-Codes). The R-Codes provide a basis for control of residential development throughout Western Australia and are produced by the Western Australian Planning Commission (WAPC). Where a development is in strict compliance with the ‘Deemed-to-Comply’ provisions, the development is considered to satisfy the Objectives and Design Principles of the R-Codes. This means that the local government is required to approve that component of the proposal. Where a development does not meet one or a number of the ‘Deemed-to-Comply’ provisions, approval is discretionary and can only be granted by the local government where it is demonstrated that the related ‘Design Principle’ is adequately addressed. Whilst multiple dwellings are a discretionary land use, Officers consider the land use appropriate for this zone and area as it is the clear intent of the Scheme to encourage infill housing at the higher density under performance criteria. Setbacks The application proposes a variation to Table 5 of the R-Codes which specifies that a 4 metre side setback is required when the width of a lot is 16 metres or greater. In this case, the side setback ranges on the south east boundary from 1.5 metres to 6 metres and 1.5 metres to 1.8 metres from the north west boundary. This setback provision is not considered an appropriate tool and has been varied in previous R80 developments. The City’s LPS15, Clause 5.7.3(c) requires a 6 metre side setback between the side wall of the first dwelling facing the street and the side boundary of the parent lot. This requirement is to ensure a clear view between the street and dwellings at the rear. In the event that the 4 metre side setback provision was adhered to as well as a 6 metre side setback on the one side as per the LPS15 provisions, only 8 metres of the 18 metre wide lot would be developable which is not considered reasonable. The City’s stance has therefore been to ensure the 6 metre side setback is achieved in accordance with the LPS15 provisions, and the remainder of the development is required to comply with Tables 2A and 2B (setbacks) of the R-Codes. The proposal complies with Tables 2A and 2B with the exception of the first floor rear wall (Unit 4 and 5 bedroom and ensuite wall).

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.1 Continued

19

This wall is proposed at 1.29 metres in lieu of the 1.5 metre required under Table 2A of

the R-Codes. Cladding has been provided as a separation of building materials to provide articulation to the rear wall. The remainder of the walls have been adequately stepped back with different forms of materials being used as well as different window types to soften the side and rear façades. Lastly, the proposed building bulk does not cause any overshadowing or visual privacy issues on the abutting ‘Residential’ zoned properties. It is therefore considered appropriate to approve the setback variation. Car Parking The application proposes eight resident bays, two visitor bays and three bicycle bays. This complies with the number of bays required under the R-codes. Council cannot refuse to grant planning approval on this basis. Overshadowing The proposal complies with the ‘deemed-to-comply’ provisions relating to overshadowing stipulated under the R-Codes and complies with LPP1. Clause 6.4.2 of the R-Codes state that development shall be designed so that the shadow cast at midday, 21 June onto any other adjoining property does not exceed 50 percent of the site area of adjoining properties. The calculation is taken at this time as the sun is further north than in summer and the angle is much lower. The subject development overshadows the adjoining properties in the following manner during this time: Address Overshadowing permitted

(%) Overshadowing proposed (%)

10 Gild St 50 24.88

281 Belmont Av 50 5.15

279 Belmont Av 50 9.18 Table 2: Overshadowing of Adjoining Neighbours

Further to the above, it is specified under the R-Codes (Design Principles) that roof mounted solar collectors of adjoining neighbours should be taken into consideration. In this case, the owner of Lot 82 (10) Gild Street has solar panels on the north facing side of their roof (see Figure 5). The owner has put forward his concern that the proposed development will compromise the efficiency of the solar panels. In response to the issue:

It is important to note that a two/three storey town house development could be developed with the same overshadowing outcome.

It is also important to consider that the calculation is taken during winter when the overshadowing is at its greatest. For different periods during the day and for summer periods, the solar panels would not be adversely impacted.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.1 Continued

20

Lastly, the zoning of the subject site and the potential of the surrounding blocks need to be considered. The zoning permits the development proposed (ie three storey) and a similar development outcome is possible for the surrounding neighbours.

Given the above, Council cannot refuse the development as the development overshadows the adjacent property in an acceptable manner and will still allow for effective functioning of the solar panels on the adjoining property.

Figure 5 – Adjoining neighbour’s solar panels

Health Requirements The City’s Health Services Department have assessed the application and have advised that the proposal complies with the requirements with respect to bins and the location of the laundries. Conclusion The application complies with the provisions of the R-Codes, Clause 5.7.3 of LPS15, LPP1 and LPP13. Given the above, it is considered that the proposal is consistent with the proposed future development within the ‘Residential R20/50/100’ zone and the development application is recommended for conditional approval. FINANCIAL IMPLICATIONS There are no financial implications evident at this time.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.1 Continued

21

ENVIRONMENTAL IMPLICATIONS There are no environmental implications at this time. SOCIAL IMPLICATIONS There are no social implications at this time. OFFICER RECOMMENDATION That Council approve planning application 504/2014/DA as detailed in plans received 13 October 2014 submitted by Doepel Marsh Architects on behalf of the owner Dunamis Pty Ltd for eight multiple dwellings at Lot 81 (8) Gild Street, Cloverdale subject to the following conditions/reasons: 1. The development plans, as dated marked and stamped ‘City of Belmont

Planning Consent Granted Subject To The Conditions of Planning Approval’, together with any requirements and annotations detailed thereon by the City, are the plans approved as part of this application and shall form part of the planning approval issued.

2. All existing buildings and structures on the lots, including soakwells, leach

drains septic tanks and waste water disposal systems, shall be removed and the land levelled.

3. Prior to occupation or use of the development, the external face of the wall

built on the boundary shall be finished in either:

(a) face brick

(b) painted render or

(c) painted brick work. 4. Prior to occupation or use of the development, landscaping, plants and

irrigation are to be installed and thereafter maintained in accordance with the approved landscaping and irrigation plan for the duration of the approved development to the satisfaction of the City’s Manager Parks and Environment.

5. No existing turf, irrigation or street trees located in the road verge abutting

or adjacent to the subject land may be damaged or removed during the course of the development, unless separately approved in writing by the City.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.1 Continued

22

6. Prior to occupation or use of the development, vehicle parking, manoeuvring and circulation areas shall be designed, constructed, sealed, drained, line marked and kerbed in accordance with: (a) The approved plan

(b) Schedule 11 of City of Belmont Local Planning Scheme No. 15 and

(c) Council’s engineering requirements and design guidelines. The areas must be sealed in concrete or brick paving in accordance with the City of Belmont specifications, unless otherwise approved by the City’s Director Technical Services. All parking bays must be clearly line marked.

7. The two (2) visitor car parking bays are to be constructed and maintained in accordance with the City’s engineering requirements and design guidelines to the satisfaction of the City’s Director Technical Services. The bays must be individually marked on site as ‘Visitor Bays’ and made available for use by visitors at all times.

8. All access ways, parking areas and hard stand areas shall be maintained in

accordance with the City’s engineering requirements and design guidelines.

9. Prior to occupation or use of the development, the owner/applicant shall,

after having obtained written approval from the City’s Technical Services (Technical Services Clearance Application), construct a vehicle crossover in accordance with the approved plans and Council’s engineering specifications to the satisfaction of the City’s Manager Projects and Development

10. Vehicle crossovers are to be designed to achieve a minimum clearance of

0.6 metres from the existing consumer pole, to the satisfaction of the City’s Manager Projects and Development.

11. Prior to occupation or use of the development, the redundant crossover/s

to Lot 81, as shown on the approved plans, shall be removed and the verge and kerb reinstated in accordance with the City’s Technical Specifications, to the satisfaction of the City’s Manager Projects and Development.

12. All stormwater from roofed and paved areas shall be collected and

disposed of on-site in accordance with the City of Belmont’s engineering requirements and design guidelines.

13. A geotechnical report prepared by an appropriately qualified consultant

certifying that the land is capable of accommodating the proposed development shall be lodged with the City, at the cost of the owner/applicant, prior to lodgement of an application for a building permit to the satisfaction of the City’s Manager Projects and Development.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.1 Continued

23

14. Any fences/walls in the front setback of the property are to comply with the provisions of the Residential Design Codes, which require front walls and fences to be visually permeable: (a) 1.2 metres above natural ground level within the primary street

setback area and

(b) 0.75 metres above natural ground level within 1.5 metres of the intersection of a driveway and a public street or where two streets intersect.

15. All fencing visible from the street or an internal access way shall be

constructed in:

(a) brick and visually permeable timber or

(b) brick and visually permeable wrought iron or

(c) other materials which match the units and which are acceptable to the City’s Director Community and Statutory Services, Manager Planning Services or Coordinator Planning Services.

ORDINARY COUNCIL MEETING 28 October 2014

24

12.2 PROPOSAL FOR NAME TO BE INCLUDED IN THE CITY OF BELMONT SCHEDULE OF

NAMES RESERVED FOR STREETS AND PARKS

BUILT BELMONT ATTACHMENT DETAILS

Attachment No Details Attachment 3 – Item 12.2 refers Original Submission

Voting Requirement : Simple Majority Subject Index : 117/008 Location / Property Index : N/A Application Index N/A Disclosure of any Interest : Nil Previous Items : N/A Applicant : Mr Kevin Bettridge Owner : N/A Responsible Division : Community and Statutory Services COUNCIL ROLE

Advocacy When Council advocates on its own behalf or on behalf of its community to another level of government/body/agency.

Executive The substantial direction setting and oversight role of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Legislative Includes adopting local laws, local planning schemes and policies.

Review When Council reviews decisions made by Officers. Quasi-Judicial When Council determines an application/matter that directly

affect a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of quasi-judicial authority include local planning applications, building licences, applications for other permits/licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

PURPOSE OF REPORT To consider the suitability of including the name ‘Bettridge’ in the City’s ‘Schedule of Names Reserved for Streets and Parks’ (refer Attachment 3).

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.2 Continued

25

SUMMARY AND KEY ISSUES A request has been received to include the name ‘Bettridge’ in the City’s Schedule of Names Reserved for Streets and Parks. The name ‘Bettridge’ complies with the requirements of the City of Belmont Policy Manual SB3 ‘Naming of Streets, Parks and Reserves’. It is recommended that the name ‘Bettridge’ be included in the City’s Schedule of Names Reserved for Streets and Parks located within the Policy Manual. LOCATION N/A. CONSULTATION There has been no specific consultation undertaken in respect to this matter. STRATEGIC COMMUNITY PLAN IMPLICATIONS There are no Strategic Community Plan implications evident at this time. POLICY IMPLICATIONS City of Belmont Policy Manual SB3 ‘Naming or Renaming of Streets, Parks and Reserves’:

“Policy Objective: To ensure the naming or renaming of streets, parks and reserves within the City conform to accepted criteria. To retain the original street name for the longest segmented length(s) of road(s). Policy Statement: 1. A Schedule of Names Reserved for Streets and Parks be maintained by the

Planning Department following advice from the Geographic Names Committee of Landgate.

2. The Planning Department will be responsible for recommendations to the

Council that relate to the naming or renaming of all streets, parks and reserves within the City. Such recommendations are to comply with the Guidelines of the Geographic Names Committee of Landgate or justification be provided for any exception to the Guidelines that is likely to be acceptable to the Geographic Names Committee.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.2 Continued

26

3. Unless otherwise determined by resolution of the Council, names shall be drawn from the following sources: Criteria for Recognition (a) The surnames of pioneering families. (b) Prominent district identities. (c) Persons who have made a significant contribution to the community. (d) Councillors who have retired and completed a service to the

community of approximately six years or more. (Corresponding to the original two terms of three years).

(e) Encouragement of ethnic and gender diversity. (f) Horses that have been winners of two or more major racing events. (g) Flora and fauna that is recognised as being unique to the location

encompassed by the Swan Coastal Plain. Priority for Use of Names The use of a name be determined by where the person resided. The horse names to apply to Ascot.

4. Where Council has in its opinion sufficient community or government emergency services agencies requests for the rectification of problems associated with segmented sections of a street, the Council may instigate the re-naming of the segmented portions after seeking comments from all property owners within the affected street sections.

To enable the process to continue and be completed there is to be 75% support from the affected owners for the proposed change. Where a street is to be renamed, the original street name shall be applied to the longest segmented length(s) of road(s).

5. All new persons listed within the Schedule of Names, be first consulted (or

where relevant their next of kin) to ensure their written consent is given.” STATUTORY ENVIRONMENT Landgate’s Geographic Names Committee (GNC) – Policies and Standards for Geographical Naming in Western Australia include the following guidelines for selection of names:

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.2 Continued

27

Part 3.8.1 ‘Use of Personal Names’: Proposals to assign a name to commemorate an individual shall only be considered if:

Such application is in the public interest.

There is evidence of broad community support for the proposal.

The person has been deceased for at least two years.

Where the applicant requesting the new name is not an immediate relative, written permission of the family is obtained.

The person being honoured by the naming has had either some direct and long-term association, 20 or more years, with the feature or has made a significant contribution to the area in which it is located.

The proposal commemorating an individual with an outstanding national or international reputation has had a direct association with the area in which it is located. If the person has not been directly associated with the area the name shall not be considered.

A commemorative name applied to an administrative boundary or road shall only use the surname of a person and shall not include the first or given names. Current or recent ownership of the land or recent public service shall not form sufficient grounds for a naming request. Commemorative names applied to a topographical feature may have the first name and surname of a person. The use of nicknames or other informal names may also be used but only in combination with the surname eg Snow Bennett Park. The approval of such names will be at the GNC’s discretion as the preference is for only the surname to be used. The use of elongated names such as Harold ‘Snow’ Bennett Park will not be considered. Requests to approve names that commemorate, or that may be construed to commemorate, living persons shall not be considered. If a local government or community group wishes to commemorate a living person, they are encouraged to use commemorative plaques or name a particular community facility, such as a building or oval, after that person. It is however required that the normal required naming policies and standards still be applied to avoid unnecessary duplications and any possible confusion with other such facilities. Part 8.4 ‘Road Name Duplication’: There shall be no road name duplication within a local government, regardless of any differences of road types. Road names submitted for approval cannot be:

Homonymous (ie similar in spelling to an existing road name).

Similar in sound to an existing road name.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.2 Continued

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In the same locality as an existing road name.

In an adjoining locality.

In the same local government area.

Duplicated more than six times in the metropolitan area, three north and three south of the Swan River.

Duplicated more than 15 times within Western Australia.

Less than 10 kilometres from the existing duplication in the metropolitan area.

Less than 50 kilometres from an existing duplication in rural areas. These exclusions shall also apply to similar sounding or written names, and to those within similar sounding suburbs even if they are more than 10 kilometres away eg Forrestfield/Forrestdale, Woodbridge/Woodridge, Fremantle/East Fremantle etc. Road name duplication should be avoided in adjoining Local Governments. BACKGROUND A request was received from Mr Kevin Bettridge that the name ‘Bettridge’ be included within the City’s Schedule of Names Reserved for Streets and Parks in recognition of his father, Basil Bettridge. Attachment 3 is a copy of Mr Bettridge’s submission. Mr Bettridge has provided a vast amount of information about his father’s impressive military record to support the inclusion of the name of Bettridge on the City’s Schedule of names. This was supported in writing by Graham Edwards AM, State President of the Returned and Services League of Australia (RSL). After being discharged from the Army, Basil Bettridge was employed at the General Post Office (GPO) from 24 December 1947 and later in 1950 at the Rivervale Post Office, serving under the then Postmaster, Bill Bailey. In February/March 1949, the Bettridge family moved into a newly built weatherboard house at 151 Gladstone Road, Rivervale. This was one of the first State Housing Commission estates in the Perth metropolitan area. Basil Bettridge was well respected and well known in Belmont and he was often placed in the role of counselling former servicemen, who were still suffering post traumatic stress from their war experiences. He also willingly assisted his neighbours in different capacities, which he wanted to do as part of a close community, as it was in those times. The Bettridge family is still living in the City of Belmont to this very day.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.2 Continued

29

OFFICER COMMENT In accordance with the City of Belmont Policy Manual SB3 ‘Naming of Streets, Parks and Reserves’, the name ‘Bettridge’ meets the criteria of Parts 3(a), 3(b) and 3(c). These being: (a) The surnames of pioneering families (b) Prominent district identities (c) Persons who have made a significant contribution to the community. As noted under the heading ‘Statutory Environment’, the Landgate’s – GNC Western Australia: Principles, Guidelines and Procedures, the preference of the GNC is to only use the first name and surname combination where there is a problem with duplication, as the use of a surname only is preferred. The Guidelines also state that duplication of names should be avoided. It further states: “When a duplicated name is proposed elsewhere, it must not be duplicated more than five times in the metropolitan region, must be at least 10 kilometres from the existing duplication and must have a different road type. These exclusions apply to similar sounding or written names, and also apply to those within similar sounding suburbs even if more than 10 kilometres away.” On checking the latest Street Smart Perth Street Directory (produced by Landgate) and additional resources including White Pages and Google Maps, it was noted that the name ‘Bettridge’ is not listed within Western Australia. Military service is not however, a criterion for recognition. It is proposed however, that the names of those many Belmont residents who served in the theatre of war would be best honoured with plaques on our proposed war memorial remembrance walls. This work is scheduled for completion by Anzac Day next year to mark the Centenary of the First World War 1914-1918. There have been so many men and women called to serve their country because of war and not only in the field of battle. It was never considered appropriate to recognise this service as a reason for naming a street or park. The key underlying requirements for many years have been a person’s exemplary and outstanding service to the community of the City of Belmont, or a name of historical importance. It is proposed that the Council Policy be amended to clarify the criteria for recognition of names and that war service not be considered, for the reasons as outlined above. It is considered however, that as Basil Bettridge was a member of a pioneering family, a prominent district identity and one who made a significant contribution to the community, that the name of Bettridge be included on the Schedule of Names Reserved for Streets and Parks. FINANCIAL IMPLICATIONS There are no financial implications evident at this time.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.2 Continued

30

ENVIRONMENTAL IMPLICATIONS There are no environmental implications at this time. SOCIAL IMPLICATIONS There are no social implications at this time. OFFICER RECOMMENDATION That Council: 1. Determine that the request to include the name ‘Bettridge’ in the Schedule

of Names Reserved for Street and Parks meets the criteria listed under the City of Belmont Policy Manual SB3 ‘Naming or Renaming of Streets, Parks and Reserves’.

2. Approve the inclusion of the name ‘Bettridge’ (for Basil James Bettridge) in

the Schedule of Names Reserved for Street and Parks with the following summary:

Basil James Bettridge

Basil James Bettridge (1919-1974) raised his family from 1949 at 151 Gladstone Road, Rivervale. Following Basil’s discharge from the Army in 1945, he worked locally for the Rivervale General Post Office until his death. Basil was recognised as a highly respected member of the local community, through his willingness to provide support on many levels to the residents of Belmont.

ORDINARY COUNCIL MEETING 28 October 2014

31

12.3 2014 COMMUNITY SERVICE AWARDS

SOCIAL BELMONT ATTACHMENT DETAILS

Attachment No Details

Attachment 4 – Item 12.3 refers Community Service Awards – List of Previous Recipients

Confidential Attachment 1 – Item 12.3 refers

2014 Community Service Awards Nominations

Confidential Attachment 2 – Item 12.3 refers

2014 Community Service Awards Recommended Winners

Voting Requirement : Simple Majority Subject Index : 52/013 Location/Property Index : N/A Application Index : N/A Disclosure of any Interest : N/A Previous Items : N/A Applicant : City of Belmont Owner : City of Belmont Responsible Division : Community and Statutory Services COUNCIL ROLE

Advocacy When Council advocates on its own behalf or on behalf of its community to another level of government/body/agency.

Executive The substantial direction setting and oversight role of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Legislative Includes adopting local laws, local planning schemes and policies.

Review When Council reviews decisions made by Officers. Quasi-Judicial When Council determines an application/matter that directly

affect a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of quasi-judicial authority include local planning applications, building licences, applications for other permits/licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

PURPOSE OF REPORT To receive the nominations for the 2014 Community Service Awards and that Council endorse the selection panel’s choice of recipients.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.3 Continued

32

SUMMARY AND KEY ISSUES Council’s consideration of nominations for the 2014 Community Service Awards. LOCATION N/A CONSULTATION There has been no specific consultation undertaken in respect to this matter. STRATEGIC COMMUNITY PLAN IMPLICATIONS In accordance with the Strategic Community Plan Key Result Area: Social Belmont. Objective: Develop community capacity and self reliance. Strategy: Council to adopt a ‘whole of community’ inclusive approach emphasizing the intrinsic value of committing time and resources to relationship building amongst council and the community. POLICY IMPLICATIONS There are no significant policy implications evident at this time. STATUTORY ENVIRONMENT There are no specific statutory requirements in respect to this matter. BACKGROUND The Community Service Award was initiated in 1977 to recognise and acknowledge services performed by community members/organisations, with five people receiving the inaugural award. Since 1977 and up to 2013, there have been 89 awards presented with four recipients receiving the award twice. The majority of the awards have been presented to individuals with only two organisations receiving the award, those being Nulsen Haven (1982) and Belmont Community Food Centre (2000). Award categories are defined to include people working in the separate areas of:

Youth (eg girl guides, scouts, youth clubs, etc)

Aged (eg Meals on Wheels volunteers, pensioner groups, etc)

Sport and Recreation Groups (includes arts and culture)

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.3 Continued

33

Community Service (eg emergency service volunteers, volunteer support personnel and industry groups across the community)

Corporate (eg united groups of persons, including service clubs, organisations etc).

The awards are intended to acknowledge the outstanding service given to the community by individual persons and organisations using the following guidelines: 1. The contribution should be of benefit to the citizens of the City of Belmont (must

have provided service to the residents of the City of Belmont for a period not less than two years).

2. The contribution must have been made in an honorary or voluntary capacity. 3. Organisations or individuals can nominate a person or organisation only after

nominations have been called for in a particular year. 4. Nominations can be made in one category only for any one nominee, or the

nomination will be grouped in the category that the Selection Panel deemed it to be appropriately suitable.

Individual nominees need to either reside or work within the City of Belmont. OFFICER COMMENT The 2014 Community Service Awards were conducted using the same criteria as resolved by the Council at its 25 May 1992, Ordinary Council Meeting. The Selection Panel comprised of the Mayor, the Chief Executive Officer (CEO), Director Community and Statutory Services and the Manager Community Development. A total of nine individual nominations were received. Copies of the nominations received are provided under Confidential Attachment 1. A list of the previous recipients is provided under Attachment 4. The Selection Panel’s recommendation for the 2014 Community Service Awards is provided under Confidential Attachment 2. FINANCIAL IMPLICATIONS There are no financial implications evident at this time. ENVIRONMENTAL IMPLICATIONS There are no environmental implications at this time.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.3 Continued

34

SOCIAL IMPLICATIONS The Community Service Awards recognise those who assist and develop community capacity and support community groups within the City of Belmont. OFFICER RECOMMENDATION That: 1. Council endorse recipients nominated by the Selection Panel as detailed in

Confidential Attachment 2. 2. The decision by the Council on the recipients of the 2014 Community

Service Awards remain confidential until the Annual Civic Dinner to be held on Saturday, 6 December 2014.

3. Council invite the recipients of the 2014 Community Service Awards and

their respective guest to the Annual Civic Dinner 2014.

ORDINARY COUNCIL MEETING 28 October 2014

35

12.4 REVIEW OF THE CITY OF BELMONT POLICY MANUAL 2014

BUSINESS EXCELLENCE BELMONT ATTACHMENT DETAILS

Attachment No Details

Attachment 5 – Item 12.4 refers Policy Manual

Voting Requirement : Simple Majority Subject Index : 32/015 Location/Property Index : N/A Application Index : N/A Disclosure of any Interest : N/A Previous Items : Item 12.8, Ordinary Council Meeting 25 June 2013 Applicant : N/A Owner : N/A Responsible Division : Corporate and Governance COUNCIL ROLE

Advocacy When Council advocates on its own behalf or on behalf of its community to another level of government/body/agency.

Executive The substantial direction setting and oversight role of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Legislative Includes adopting local laws, local planning schemes and policies.

Review When Council reviews decisions made by Officers. Quasi-Judicial When Council determines an application/matter that directly

affect a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of quasi-judicial authority include local planning applications, building licences, applications for other permits/licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

PURPOSE OF REPORT To seek Councils endorsement of the reviewed, amended and introduced policies for the City of Belmont (refer Attachment 5). SUMMARY AND KEY ISSUES Following a comprehensive review of policies in November 2011, each policy was assigned a review schedule date which was evaluated in line with a risk classification system utilised by the City as part of its Risk Management Strategy. Policies were given a specified review period ranging from annual review to every four years.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.4 Continued

36

This current review is a review of all policies that were classified as requiring an annual review as well as those requiring review every three years, along with the addition of any other policies which required review due to operational reasons. LOCATION N/A. CONSULTATION Consultation was undertaken with relevant Policy Owners, members of the Belmont Leadership Team and Senior Management Group. A Councillor Workshop was held on Tuesday, 30 September 2014 to discuss proposed amendments. STRATEGIC COMMUNITY PLAN IMPLICATIONS In accordance with the Strategic Community Plan Key Result Area: Business Excellence Belmont. Objective: Achieve excellence in the management and operation of the local government. Strategy: Ensure Council is engaged at a Strategic Level to enable effective decision making. POLICY IMPLICATIONS Council’s adoption of the reviewed and amended policies will necessitate amendment to the current City of Belmont Policy Manual. STATUTORY ENVIRONMENT The Local Government Act 1995 provides the basis for many of the City’s Policies, therefore consistency with this legislation has been reflected in the review, assessment and amendments proposed. Section 2.7 of the Local Government Act 1995 outlines the Role of Council. Section 2.7(2)(b) requires the Council to determine the local governments policies. BACKGROUND A comprehensive review of the Policy Manual was undertaken in 2011, with all policies allocated a risk classification. The 2014 review includes a number of policies which are required to be reviewed annually and those which are to be reviewed every three years. The allocation of a risk classification results in fewer policies being reviewed annually.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.4 Continued

37

OFFICER COMMENT The table below outlines the proposed amendments for each of the policies being reviewed:

Policy Title Officer Comment

BEXB11A Elected Member Fees, Allowances and Support

Minor Amendments. Inclusion of point related to requirement for RSVP to invitations.

BEXB11B Elected Member Professional Development and Authorised Travel

Major Amendments. Requirement for all Officer and Elected Member Travel to be economy class only. Requirement for Councillors to provide a report for any professional development attended.

BEXB14 Provision of Catering and Council Refreshment Facilities

Major Amendments. Inclusion of detail related to Provision of Catering.

BEXB15 Rates and Other Debt Recovery – Councillors

No Amendments Proposed.

BEXB20 Gratuity Payments and Gifts to Staff

Minor Amendments.

BEXB21 Occupational Safety and Health No Amendments Proposed.

BEXB22 Collection of Rates Minor Amendment. Clarification of Policy Detail.

BEXB23 Pensioners Outstanding Refuse Charges

No Amendments Proposed.

BEXB27 Financial Management – Major Land Transactions

No Amendments Proposed.

BEXB28 Purchasing Minor Amendments.

BEXB31 Compliance Management Minor Amendments. Clarification of Policy Details.

BEXB35 Investment of Funds Minor Amendments.

SB2 Donations – Financial Assistance

Minor Amendments.

SB3 Naming or Renaming of Streets, Parks and Reserves

Major Amendments. Update to Point 3 providing clarification around which sources names can be derived from. Inclusion of additional Point four.

SB7 Memorials in Public Open Space

Minor Amendments.

SB8 Communication and Consultation – Community and Stakeholders

No Amendments Proposed.

SB9 Donation of Disused Equipment, Machinery and Other Materials

No Amendments Proposed.

SB11 Personalisation of Council Owned Buildings by users

Minor Amendments.

SB16 Halls – Time Limit on Hiring Minor Amendments.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.4 Continued

38

Policy Title Officer Comment

SB17 Hire – Priority Bookings Minor Amendments.

SB18 Commercially Run Temporary and Mobile Food Business Applying to Operate Within The City

Minor Amendments.

SB19 Applications For Council Assistance

Minor Amendments.

BB1 Asset Management Minor Amendments.

BB3 Streetscape Policy Minor Amendments.

BB4 Manholes and Stormwater Connections

Minor Amendments.

BB5 Private Contributions To Drainage Works

No Amendments Proposed.

BB6 Improvements To Become The Property of Council

Minor Amendments.

BB7 Private Works No Amendments Proposed.

NB1 Environmental Purchasing Policy

No Amendments Proposed.

NB3 Environmental Enhancement Policy

No Amendments Proposed.

NB4 Dangerous Trees Minor Amendments.

BSB1 Local Business Purchase Preference

No Amendments Proposed.

BSB2 Belmont Business Innovation Grants

New Policy Proposed for Inclusion.

Policies identified as having Major Amendments are discussed in further detail below: BEXB11B – Elected Member Professional Development and Authorised Travel. Amendments to this Policy relate specifically to the removal of the right of the Mayor to elect to travel Business Class. The Amendment requires all Elected Members and Officers to travel Economy class only. A further amendment requires all Councillors who attend Professional Development to provide a brief presentation to the next practical Information Forum. BEXB14 – Provision of Catering and Council Refreshment Facilities. Amendments to this Policy have been made in line with Councillor requests to address the costs associated with providing catering prior to Committee and Council Meetings. This policy assists in providing clarity.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.4 Continued

39

SB3 – Naming or Renaming of Streets, Parks and Reserves. Amendments to this Policy relate specifically to the criteria which names can be derived from. It includes an update to reflect the Terms of Services Councillors provide and flexibility regarding Pioneering Families. An additional Point four has been included which specifically addresses Military Service. This reflects the requirement for those names to be included on the War Memorial Remembrance Walls. BSB2 – Belmont Business Innovation Grants This is a new Policy proposed for inclusion. This Policy provides terms under which funding of these grants can be administered. FINANCIAL IMPLICATIONS There are no financial implications evident at this time. ENVIRONMENTAL IMPLICATIONS Those policies which have environmental implications are aimed at improving the City’s ability to protect and enhance the natural environment. SOCIAL IMPLICATIONS A number of policies are aimed at supporting community groups, ensuring community access to required services and facilities, assisting in developing community capacity, enhancing a sense of community and the image of Belmont and contributing to an environment where residents are safe and feel safe.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.4 Continued

40

OFFICER RECOMMENDATION That Council: 1. Adopt the policy amendments outlined within Attachment 5, specifically in

reference to the following policies:

BEXB11A Elected Member Fees, Allowances and Support

BEXB11B Elected Member Professional Development and Authorised Travel

BEXB14 Provision of Catering and Council Refreshment Facilities

BEXB20 Gratuity Payments and Gifts to Staff

BEXB22 Collection of Rates

BEXB28 Purchasing

BEXB31 Compliance Management

BEXB35 Investment of Funds

SB2 Donations – Financial Assistance

SB3 Naming or Renaming of Streets, Parks and Reserves

SB7 Memorials in Public Open Space

SB11 Personalisation of Council Owned Buildings by users

SB16 Halls – Time Limit on Hiring

SB17 Hire – Priority Bookings

SB18 Commercially Run Temporary and Mobile Food Business Applying to Operate Within The City

SB19 Applications For Council Assistance

BB1 Asset Management

BB3 Streetscape Policy

BB4 Manholes and Stormwater Connections

BB6 Improvements To Become The Property of Council

NB4 Dangerous Trees.

2. Adopt the following new policy for inclusion:

BSB2 Belmont Business Innovation Grants. 3. Adopt the following policies with no amendments:

BEXB15 Rates and Other Debt Recovery – Councillors

BEXB21 Occupational Safety and Health

BEXB23 Pensioners Outstanding Refuse Charges

BEXB27 Financial Management – Major Land Transactions

SB8 Communication and Consultation – Community and Stakeholders

SB9 Donation of Disused Equipment, Machinery and Other Materials

BB5 Private Contributions To Drainage Works

BB7 Private Works

NB1 Environmental Purchasing Policy

NB3 Environmental Enhancement Policy

BSB1 Local Business Purchase Preference.

ORDINARY COUNCIL MEETING 28 October 2014

41

12.5 2014-2015 OCTOBER BUDGET REVIEW

BUSINESS EXCELLENCE BELMONT ATTACHMENT DETAILS

Attachment No Details

Attachment 6 – Item 12.5 refers 2014-2015 October Budget review

Attachment 7 – Item 12.5 refers Statement of Budget review

Attachment 8 – Item 12.5 refers Reserve accounts 30 June 2015

Voting Requirement : Absolute Majority Required Subject Index : 54/004, Budget Documentation, Council Location/Property Index : N/A Application Index : N/A Disclosure of any Interest : N/A Previous Items : N/A Applicant : N/A Owner : N/A Responsible Division : Corporate and Governance COUNCIL ROLE

Advocacy When Council advocates on its own behalf or on behalf of its community to another level of government/body/agency.

Executive The substantial direction setting and oversight role of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Legislative Includes adopting local laws, local planning schemes and policies.

Review When Council reviews decisions made by Officers. Quasi-Judicial When Council determines an application/matter that directly

affect a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of quasi-judicial authority include local planning applications, building licences, applications for other permits/licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

PURPOSE OF REPORT This report is prepared to conduct the first review of the Budget and recommend adjustments to the 2014-2015 Adopted Budget.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.5 Continued

42

SUMMARY AND KEY ISSUES In keeping with sound financial management practices, a review of the 2014-2015 Adopted Budget has been conducted. The Budget remains in balance with all carried forward issues from 2013-2014 addressed. LOCATION N/A. CONSULTATION There has been no specific consultation undertaken in respect to this matter other than internal staff. Community consultation is not required. STRATEGIC COMMUNITY PLAN IMPLICATIONS In accordance with the Strategic Community Plan Key Result Area: Business Belmont. Objective: Achieve excellence in the management and operation of the local government. Strategy: Ensure Council is engaged at a strategic level to enable effective decision making. POLICY IMPLICATIONS There are no significant policy implications evident at this time. STATUTORY ENVIRONMENT Regulation 33A of the Local Government (Financial Management) Regulations 1996 requires a local government to carry out a review of its Budget between 1 January and 31 March each year, report it to Council and then report the outcome of the review to the Department of Local Government and Communities. The City of Belmont has for many years now conducted two budget reviews, one in October and one in March. A further review will be conducted and reported to Council and also the Department in March 2015. Attached is a ‘Statement of Budget Review’ (Attachment 7) which compares the proposed October Budget Review to the current Authorised Budget as requested by the Department of Local Government and Communities. BACKGROUND In keeping with Council’s ongoing budget control and financial management, a number of adjustments are required to ensure Council’s Budget continues to reflect an accurate position.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.5 Continued

43

As it is now some five months since the detailed Budget was prepared and the carried forward figure was estimated, many estimates can now be accurately confirmed. For statutory reporting purposes, the adopted Budget is used, however, for sound management purposes, the adjusted Budget will be used on a day to day basis in the Management Reports. The October Budget Review process is predominantly aimed at addressing the following issues:

Carried Forward Figure as at 30 June 2014 (to be confirmed by Council’s Auditors as part of the end of year Audit)

Decisions of Council requiring funding

Confirmation of various Government Grants

Confirmation of expenses (eg tenders)

Building, Grounds and Engineering Carry Forward Works. OFFICER COMMENT The following summary lists the Divisional adjustments from the Summary of Income and Expenditure Variances. (brackets indicate increased income/reduced expenditure)

Opening Balance - Surplus (942,492)

Chief Executive Officer Section 0

Corporate and Governance Division 232,703

Technical Services Division 467,906

Community and Statutory Services Division 241,883

Closing Balance 0

Net Cost 0 As has been the case in previous October Budget Reviews, one of the issues to be addressed relates to the 1 July opening balance. The opening balance is predicted early in the budget process to enable budget preparation and rate modelling to proceed. The opening balance of $3,038,060 exceeded the estimate of $2,095,568. The variance mainly related to the carried forward of projects ($635,676) and to a lesser extent unspent grant monies ($121,224). These funds are simply re-budgeted as part of the budget review. The remaining balance ($185,592) represents additional funds available in 2014-2015. A detailed listing of budget adjustments can be found in Attachment 6. It should be noted that the report includes only those line items that have changed during the review process, all other line items remain as per the Adopted Budget. Those noteworthy adjustments are further explained in the summary that follows:

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.5 Continued

44

Grant income in regards to ‘Local Government Reform’ has been reduced by $75,000 representing the unspent grant income carried forward from 2013-2014. The budget impact is nil with the reduction in grant income offset by the increased opening balance.

The total transfer to Long Service Leave Reserves has increased by $83,052 representing the expected increase following year-end provision calculations.

The transfer to the Property Development Reserve has increased by $1,426,189. This represents the funds available following all other budget adjustments with this reserve available to be used for any Council development including the Faulkner Park Precinct project.

Additional Miscellaneous Entitlements Reserve transfer ($250,000) to further support unforeseen expenditure relating to staff entitlements.

An Urban Forest Strategic Management Reserve has been created to help offset additional infrastructure costs associated with the management and retention of the urban forest. An initial allocation of $100,000 has been budgeted.

Ex gratia rates (ie Airport) increased significantly over the previous 12 months. It had been anticipated there would be an increase with the budget allowing for a 26% increase in the Gross Rental Values (GRV’s) of commercial property which led to a 3% increase in rates income. The overall increase in GRV was closer to 46% with the additional increase resulting from completion of a number of major developments including commercial carparks. The total increase in ex grata rates income is $1,789,585 which includes interim rates of $589,078.

The increase in ex gratia rates has also led to the rates discount budget increasing by $73,676.

Budget adjustments in regards to Roads, Drainage, and Footpaths predominantly relate to a carried forward of funds from 2013-2014 and a minor re-prioritising and re-scoping of projects. No net additional funds have been budgeted.

Budget adjustments in regards to Parks Construction predominantly relate to a carried forward of funds from 2013-2014.

Funding for current Swan River Stabilisation projects has been reduced for this year as the City will be receiving major funding ($300,000) for 2015-2016 projects.

The budget includes a new vehicle provided by the Department of Fire and Emergency Services to support Volunteer Emergency Services ($77,220). This has a nil overall impact.

The Planning Department requires an additional consultancy budget of $100,000 to adequately resource the ongoing major strategic developments. This has been offset by additional income of $122,471 which largely relates to payment of a fine following a prosecution.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.5 Continued

45

Building Construction projects have been updated for the carry forward of funds from 2013-2014 which includes the completion of the Centenary Park Community Centre in 2014-2015. The Miles Park Lighting project (net reduction of $21,000) has been withdrawn due to the lack of available external funding. An allocation of $160,000 has been made for an automatic toilet at Wilson Park and $20,000 for air-conditioning at the Tennis Club.

As the new Belmont Community Watch vehicle only became operational in October the security services budget has been reduced by $111,000.

The revised budget also includes an additional contribution of $165,000 to the Faulkner Park Retirement Villages (FPRV) Board for a major repaint of the buildings. This has been largely offset by additional income from unit sales which has increased $160,000. Net income from the FPRV is transferred to reserve so these budget adjustments have a nil net impact on the Municipal budget.

Attachment 8 provides an updated estimate of reserve balances for the 2014-2015 year. Although some reserves will help fund various items in the budget review, the overall reserve balances are still expected to increase in 2014-2015 to $38,650,042. FINANCIAL IMPLICATIONS There are no financial implications evident at this time. ENVIRONMENTAL IMPLICATIONS There are no environmental implications at this time. SOCIAL IMPLICATIONS The effective management of the City’s Annual Budget ensures that the community has access to the services and facilities it needs now and into the future. OFFICER RECOMMENDATION That Council: 1. In accordance with Local Government (Financial Management)

Regulations 1996 Regulation 33A, adopt the amendments contained in the 2014-2015 Budget Review (Attachments 6, 7 and 8), including the descriptions of variations and closing fund amendments.

2. Authorise the Director Corporate and Governance to amend the 2014-2015

Budget in accordance with all resolved variations.

***ABSOLUTE MAJORITY REQUIRED

ORDINARY COUNCIL MEETING 28 October 2014

46

12.6 ACCOUNTS FOR PAYMENT – SEPTEMBER 2014

BUSINESS EXCELLENCE BELMONT ATTACHMENT DETAILS

Attachment No Details

Attachment 9 – Item 12.6 refers Accounts for Payment – September 2014

Voting Requirement : Simple Majority Subject Index : 54/007 – Creditors – Payment Authorisations Location/Property Index : N/A Application Index : N/A Disclosure of any Interest : N/A Previous Items : N/A Applicant : N/A Owner : N/A Responsible Division : Corporate and Governance COUNCIL ROLE

Advocacy When Council advocates on its own behalf or on behalf of its community to another level of government/body/agency.

Executive The substantial direction setting and oversight role of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Legislative Includes adopting local laws, local planning schemes and policies.

Review When Council reviews decisions made by Officers. Quasi-Judicial When Council determines an application/matter that directly

affect a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of quasi-judicial authority include local planning applications, building licences, applications for other permits/licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

PURPOSE OF REPORT Confirmation of accounts paid and authority to pay unpaid accounts. SUMMARY AND KEY ISSUES A list of payments is presented to the Council each month for confirmation and endorsement in accordance with the Local Government (Financial Management) Regulations 1996.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.6 Continued

47

LOCATION N/A. CONSULTATION There has been no specific consultation undertaken in respect to this matter. STRATEGIC COMMUNITY PLAN IMPLICATIONS There are no Strategic Community Plan implications evident at this time. POLICY IMPLICATIONS There are no significant policy implications evident at this time. STATUTORY ENVIRONMENT Regulation 13(1) of the Local Government (Financial Management) Regulations 1996 states:

“If the local government has delegated to the CEO the exercise of its power to make payments from the municipal fund or the trust fund, a list of accounts paid by the CEO is to be prepared each month showing for each account paid since the last such list was prepared: (a) the payee's name (b) the amount of the payment (c) the date of the payment (d) sufficient information to identify the transaction.”

BACKGROUND Checking and certification of Accounts for Payment required in accordance with Local Government (Financial Management) Regulations 1996, Clause 12. OFFICER COMMENT The following payments as detailed in the Authorised Payment Listing are recommended for confirmation and endorsement. Municipal Fund Cheques 785887 to 785952 $239,158.58 Municipal Fund EFTs EF034814 to EF035245 $4,097,949.49 Municipal Fund Payroll September 2014 $1,323,504.18 Trust Fund Cheques 905429 to 905430 $24,928.99 Trust Fund EFTs EF034823, EF034824 and EF035002 $45,068.90 Total Payments for September 2014 $5,730,610.14

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.6 Continued

48

FINANCIAL IMPLICATIONS Provides for the effective and timely payment of Council’s contractors and other creditors. ENVIRONMENTAL IMPLICATIONS There are no environmental implications at this time. SOCIAL IMPLICATIONS There are no social implications at this time. OFFICER RECOMMENDATION That the Authorised Payment Listing for September 2014 as provided under Attachment 9 be received.

ORDINARY COUNCIL MEETING 28 October 2014

49

12.7 MONTHLY ACTIVITY STATEMENT AS AT 30 SEPTEMBER 2014

BUSINESS EXCELLENCE BELMONT ATTACHMENT DETAILS

Attachment No Details

Attachment 10 – Item 12.7 refers Monthly Activity Statement as at 30 September 2014

Voting Requirement : Simple Majority Subject Index : 32/009 - Financial Operating Statements Location/Property Index : N/A Application Index : N/A Disclosure of any Interest : N/A Previous Items : N/A Applicant : N/A Owner : N/A Responsible Division : Corporate and Governance COUNCIL ROLE

Advocacy When Council advocates on its own behalf or on behalf of its community to another level of government/body/agency.

Executive The substantial direction setting and oversight role of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Legislative Includes adopting local laws, local planning schemes and policies.

Review When Council reviews decisions made by Officers. Quasi-Judicial When Council determines an application/matter that directly

affect a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of quasi-judicial authority include local planning applications, building licences, applications for other permits/licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

PURPOSE OF REPORT To provide Council with relevant monthly financial information.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.7 Continued

50

SUMMARY AND KEY ISSUES The following report includes a concise list of material variances and a Reconciliation of Net Current Assets at the end of the reporting month. LOCATION N/A. CONSULTATION There has been no specific consultation undertaken in respect to this matter. STRATEGIC COMMUNITY PLAN IMPLICATIONS There are no Strategic Community Plan implications evident at this time. POLICY IMPLICATIONS There are no significant policy implications evident at this time. STATUTORY ENVIRONMENT Section 6.4 of the Local Government Act 1995 in conjunction with Regulations 34 (1) of the Local Government (Financial Management) Regulations 1996 requires monthly financial reports to be presented to Council. Regulation 34(1) requires a monthly Statement of Financial Activity reporting on revenue and expenditure. Regulation 34(5) determines the mechanism required to ascertain the definition of material variances which are required to be reported to Council as a part of the monthly report. It also requires Council to adopt a “percentage or value” for what it will consider to be material variances on an annual basis. Further clarification is provided in the Officer Comments section. BACKGROUND The Local Government (Financial Management) Regulations 1996 require that financial statements are presented on a monthly basis to Council. Council has adopted ten per cent of the budgeted closing balance as the materiality threshold.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.7 Continued

51

OFFICER COMMENT The Statutory Monthly Financial Report is to consist of a Statement of Financial Activity reporting on revenue and expenditure as set out in the Annual Budget. It is required to include:

Annual budget estimates

Budget estimates to the end of the reporting month

Actual amounts to the end of the reporting month

Material variances between comparable amounts

Net current assets as at the end of the reporting month. Previous amendments to the Regulations fundamentally changed the reporting structure which requires reporting of information consistent with the “cash” component of Council’s budget rather than being “accrual” based. The monthly financial report is to be accompanied by:

An explanation of the composition of the net current assets, less committed* and restricted** assets

An explanation of material variances***

Such other information as is considered relevant by the local government. *Revenue unspent but set aside under the annual budget for a specific purpose. **Assets which are restricted by way of externally imposed conditions of use eg tied grants. ***Based on a materiality threshold of 10% of the budgeted closing balance as previously adopted by Council. In order to provide more details regarding significant variations as included in Attachment 10 the following summary is provided.

Report Section YTD Budget YTD Actual Comment

Expenditure – Capital

Computing 121,500 1,415 Business applications and equipment not yet purchased.

Volunteer Emergency Services

16,548 77,220 Fleet transferred from Department of Fire and Emergency Services (DFES).

Technical Services 68,750 15,548 Esplanade works (Ford Street to Forbes Street) has started later than anticipated.

Road Works 637,579 895,263 Variance mainly relates to the carryover of a significant project (Armadale Road).

Footpath Works 81,573 22,559 A condition assessment of listed footpath projects has been completed with major projects to begin mid October.

Operations Centre 358,515 11,189 Relates to the outstanding purchase of chargeable plant and fleet.

Technical Services 77,977 Nil Relates to the outstanding purchase of fleet.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.7 Continued

52

Report Section YTD Budget YTD Actual Comment

Expenditure – Operating

Executive Services 488,981 433,231 The variance predominantly relates to costs associated with the next stage of Local Government Reform.

Governance 835,281 721,750 Activity Based Costing (ABC’s) allocations are under budget.

Rates 1,525,412 1,595,458 Discount is higher than budget due to ex gratia rates.

Belmont Community Watch

328,558 106,367 Contractors are paid one month in arrears and the new security vehicle is due to start from October.

Youth Services General 197,730 140,945 Contractors are paid one month in arrears.

Town Planning 575,346 523,817 Consulting costs are less than budget.

Sanitation Charges 1,051,451 971,495 Contractors are paid one month in arrears.

Grounds Operations 1,181,919 1,131,020 Consulting costs are less than budget.

Grounds - Active Reserves

250,875 178,585 Turf maintenance programs are due to start in the coming months.

Grounds Overheads 529,657 434,715 Employee related costs are currently less than budget.

Streetscapes 343,104 164,683 Expenditure is low as the street tree planned maintenance (ie watering and pruning) programme is yet to commence.

Other Public Works 216,222 151,448 Street lighting invoices are paid one month in arrears.

Revenue – Capital

Property and Economic Development

(835,558) (21,636) Sale of land has not yet occurred.

Volunteer Emergency Services

Nil (77,220) Relates to vehicle gifted by DFES.

Operations Centre (116,658) (49,182) Relates to the outstanding sale of plant.

Building Operations Nil (346,124) Grant income has been received earlier than expected.

Revenue – Operating

Insurance (437,190) (960,282) Recovery of insurance premiums processed earlier than expected.

Rates (39,057,025) (40,900,194) Ex gratia rates are higher than anticipated.

Financing Activities (210,843) (151,081) Interest income is expected to be close to the annual budget but monthly variances are expected as term deposits mature throughout the year.

Belmont HACC Services

(581,970) (681,565) Timing issue regarding receipt of grant funding.

Faulkner Park Retirement Village

(50,000) (199,735) There have been more unit sales than anticipated.

Town Planning (317,500) (446,011) Relates to payment of a significant fine.

Public Works Overheads

(316,507) (397,663) Budget timing issue regarding overhead allocations.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.7 Continued

53

In accordance with Local Government (Financial Management) Regulations 1996, Regulation 34 (2)(a) the following table explains the composition of the net current assets amount which appears at the end of the attached report.

Reconciliation of Nett Current Assets to Statement of Financial Activity

Current Assets as at 30 September 2014

$ Comment

Cash and investments 66,393,919 Includes municipal and reserves

- less non rate setting cash (31,615,600) Reserves

Receivables

9,949,251

Rates levied yet to be received and Sundry Debtors

ESL Receivable (2,342,191) ESL Receivable

Stock on hand 253,365

Total Current Assets 42,638,744

Current Liabilities

Creditors and provisions (11,934,990) Includes ESL and deposits

- less non rate setting creditors and provisions

8,132,144 Cash Backed LSL, current loans and ESL

Total Current Liabilities (3,802,847)

Nett Current Assets 30 September 2014

38,835,897

Nett Current Assets as Per Financial Activity Report

38,835,897

Less Restricted Assets (244,845) Unspent grants held for specific purposes

Less Committed Assets (38,091,052) All other budgeted expenditure

Estimated Closing Balance 500,000

FINANCIAL IMPLICATIONS The presentation of these reports to Council ensures compliance with the Local Government Act 1995 and associated Regulations, and also ensures that Council is regularly informed as to the status of its financial position. ENVIRONMENTAL IMPLICATIONS There are no environmental implications at this time. SOCIAL IMPLICATIONS There are no social implications at this time.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.7 Continued

54

OFFICER RECOMMENDATION That the Monthly Financial Report as at 30 September 2014 as included in Attachment 10 be received.

ORDINARY COUNCIL MEETING 28 October 2014

55

12.8 WALGA POLL PROVISIONS ADVOCACY POSITION

BUSINESS EXCELLENCE BELMONT ATTACHMENT DETAILS Nil. Voting Requirement : Simple Majority Subject Index : 111/008 Location/Property Index : N/A Application Index : N/A Disclosure of any Interest : Nil. Previous Items : N/A Applicant : N/A Owner : N/A Responsible Division : Corporate and Governance COUNCIL ROLE

Advocacy When Council advocates on its own behalf or on behalf of its community to another level of government/body/agency.

Executive The substantial direction setting and oversight role of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Legislative Includes adopting local laws, local planning schemes and policies.

Review When Council reviews decisions made by Officers. Quasi-Judicial When Council determines an application/matter that directly

affect a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of quasi-judicial authority include local planning applications, building licences, applications for other permits/licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

PURPOSE OF REPORT To seek Council endorsement for an advocacy position as requested by the Western Australian Local Government Association (WALGA) dealing with Poll Provision amendments to the Local Government Act 1995.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.8 Continued

56

SUMMARY AND KEY ISSUES Input is sought by WALGA to assist in defining their position regarding advocacy for amendments to the poll provisions contained in Schedule 2.1 of the Local Government Act 1995 to enable electors of a local government that will be abolished or significantly affected by a boundary change proposal to demand a poll. At the 2 July 2014 WALGA State Council meeting, State Council resolved to adopt, and advocate for, a policy position that the poll provisions should be amended so that electors of a local government where one or more local governments will be abolished or significantly affected by a boundary change proposal are able to demand a poll on the proposal, with ‘significantly affected’ being specifically defined as causing a fifty percent variation in: i. Population; or, ii. Rateable properties; or, iii. Revenue. LOCATION N/A. CONSULTATION There has been no specific consultation undertaken in respect to this matter. STRATEGIC COMMUNITY PLAN IMPLICATIONS In accordance with the Strategic Community Plan Key Result Area: Business Excellence Belmont. Objective: Achieve excellence in the management and operation of the local government. Strategy: Ensure Council is engaged at a strategic level to enable effective decision making and ensure decision making is supported by effective information and knowledge management. POLICY IMPLICATIONS There are no significant policy implications evident at this time.

ORDINARY COUNCIL MEETING 28 October 2014

Item 12.8 Continued

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STATUTORY ENVIRONMENT Schedule 2.1 of the Local Government Act 1995 states: “7. Minister may require a poll of electors In order to assist in deciding whether or not to accept a recommendation of the Advisory Board made under clause 6, the Minister may require that the Board’s recommendation be put to a poll of the electors of districts directly affected by the recommendation. 8. Electors may demand poll on a recommended amalgamation (1) Where the Advisory Board recommends to the Minister the making of an order to abolish 2 or more districts (the districts) and amalgamate them into one or more districts, the Board is to give notice to affected local governments, affected electors and the other electors of districts directly affected by the recommendation about the recommendation. (2) The notice to affected electors has to notify them of their right to request a poll about the recommendation under subclause (3). (3) If, within one month after the notice is given, the Minister receives a request made in accordance with regulations and signed by at least 250, or at least 10%, of the electors of one of the districts asking for the recommendation to be put to a poll of electors of that district, the Minister is to require that the Board’s recommendation be put to a poll accordingly. (4) This clause does not limit the Minister’s power under clause 7 to require a recommendation to be put to a poll in any case. [Clause 8 amended by No. 64 of 1998 s. 52(3).] 9. Procedure for holding poll (1) Where, under clause 7 or 8, the Minister requires that a recommendation be put to a poll —

(a) the Advisory Board is to — (i) determine the question or questions to be answered by electors; and (ii) prepare a summary of the case for each way of answering the question or questions; and

(b) any local government directed by the Minister to do so is to — (i) in accordance with directions by the Minister, make the summary available to the electors before the poll is conducted; and (ii) subject to subclause (2), declare* the Electoral Commissioner, or a person approved by the Electoral Commissioner, to be responsible for the conduct of the poll under Part 4, and return the results to the Minister.

* Absolute majority required.

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(2) Before making a declaration under subclause (1)(b)(ii), the local government is to obtain the written agreement of the Electoral Commissioner. [Clause 9 amended by No. 49 of 2004 s. 67(4) and (5).]”

BACKGROUND At WALGA’s Annual General Meeting, held on 6 August 2014, the meeting resolved: “That this Annual General Meeting, recognising the current approach by the State Government to the manipulation of the principles of the 'Dadour' poll provisions:

a) endorse WALGA's position of providing community access to the poll provisions where 1 or more districts are to be abolished rather than the 2 or more districts as currently provided for in the Local Government Act 1995; b) endorse WALGA's proposed extension of the poll provisions to significant boundary adjustments subject to any associated criteria and any percentages being agreed to by a majority of all local governments in Western Australia, and c) reaffirm as policy, that WALGA is opposed to the removal or dilution of the 'Dadour' poll provisions including the temporary dilution or removal of those provisions”.

WALGA State Council, at its 3 September 2014 meeting, endorsed parts (a) and (c) of the AGM resolution above and resolved the following in relation to part (b):

4.7B Part (b) – endorse WALGA’s proposed extension of the poll provisions to include significant boundary adjustments subject to further research and sector consultation being carried out on any associated criteria and for a report to be presented through the next Zone/State Council Meetings.

WALGA has requested feedback from local governments prior to Friday, 31 October 2014 so as to inform an agenda item to be prepared for the 3 December 2014 State Council meeting. OFFICER COMMENT Defining the criteria for whether a boundary change significantly affects a Local Government is difficult and there are divergent views in the Local Government sector. WALGA has provided that there is a general view that a minor boundary change, perhaps to fix an anomaly, should not be the subject of a potential poll of electors. There is also a general view that, where one or more local governments will be abolished or a local government’s viability could be affected by a boundary change proposal, electors should have the right to demand a poll. Criteria defining whether a local government would be ‘significantly affected’ could be defined in the Local Government Act 1995. This was State Council’s original approach where it was resolved that a 50 percent variation in population, or rateable properties or revenue would be the trigger for the community to have the option to call a poll. In addressing this matter it needs to be determined whether these are the appropriate criteria or whether there should be an alternative method to determine whether a Local Government would be ‘significantly affected’ by a boundary change proposal.

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Options to address this issue are presented: 1. All boundary change proposals could be the subject of a poll. While there is a

general view that minor boundary changes should not be subject to a poll of the community, it could be argued that a minor boundary change that only affects a small number of properties would be unlikely to attract enough interest from the community for a poll to be called or to ultimately be successful in overturning the proposal. This would remove the need for criteria to be established to define ‘significantly affected’.

2. Criteria defining whether a Local Government would be ‘significantly affected’

could be defined in the Local Government Act. It is suggested that a percentage variation in population, or rateable properties, or revenue could be defined as the appropriate criteria to trigger the community’s right to call a poll. Three percentages are presented as options to define these criteria in the Local Government Act:

a. 10 percent b. 25 percent c. 50 percent.

WALGA’s feedback response requests: “Please advise whether your Council supports the Local Government Act 1995 being amended so that the community of a Local Government could demand a poll with which of the following conditions being met: 1. Under any boundary change proposal YES / NO

OR 2. With a significant variation in population, or rateable properties or revenue by:

a. 10 percent

b. 25 percent

c. 50 percent

(Please indicate preferences – ie 1 for most preferred, then 2 then 3). General feedback to refine WALGA’s advocacy position would be welcomed including alternative criteria to define when a Local Government would be ‘significantly affected’ by a poll.”

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It is viewed that a significant variance of population, or rateable properties, or revenue may in fact have a material impact for a local government where a percentage is less than 10 percent. Dependant on the circumstances and other influencing factors this may be as low as 1-5 percent. That being the case and with the premise that local government is the closest tier of government to the people, with Councillors democratically elected by the community, the community should be in a position to request a poll under any boundary change proposal. FINANCIAL IMPLICATIONS There are no financial implications evident at this time. ENVIRONMENTAL IMPLICATIONS There are no environmental implications at this time. SOCIAL IMPLICATIONS There are no social implications at this time. OFFICER RECOMMENDATION That Council advise WALGA that its position is that under any boundary change the community must have the democratic right to invoke the poll provisions under Schedule 2.1 of the Local Government Act 1995.

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13. REPORTS BY THE CHIEF EXECUTIVE OFFICER 13.1 REQUESTS FOR LEAVE OF ABSENCE 14. MATTERS FOR WHICH THE MEETING MAY BE CLOSED 15. CLOSURE