NOTICE OF MEETING - Town of Claremont...2015/11/03 · ORDINARY COUNCIL MEETING AGENDA 3 NOVEMBER,...

TOWN OF CLAREMONT

N O T I C E O F M E E T I N G

NOTICE IS HEREBY GIVEN that an

ORDINARY Meeting of the Council will be held,

on TUESDAY 3 NOVEMBER, 2015, commencing at 7:00 PM

at the Town of Claremont, Claremont Council Chambers, 308 Stirling Highway,

Claremont.

Stephen Goode CHIEF EXECUTIVE OFFICER Date:

DISCLAIMER Would all members of the public please note that they are cautioned against taking any action as a result of a Council decision tonight until such time as they have seen a copy of the Minutes or have been advised, in writing, by the Council’s Administration with regard to any particular decision.

ORDINARY COUNCIL MEETING AGENDA 3 NOVEMBER, 2015

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TABLE OF CONTENTS

ITEM SUBJECT PAGE NO 1 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS ............ 1

2 RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE .......... 1

3 DISCLOSURE OF INTERESTS .................................................................. 1

4 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE . 1

5 PUBLIC QUESTION TIME .......................................................................... 1

6 PUBLIC STATEMENT TIME ....................................................................... 1

7 APPLICATIONS FOR LEAVE OF ABSENCE ............................................ 2

8 PETITIONS/DEPUTATIONS/PRESENTATIONS ........................................ 2

9 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS ..................... 2

10 ANNOUNCEMENT OF CONFIDENTIAL MATTERS FOR WHICH MEETING MAY BE CLOSED TO THE PUBLIC ......................................... 2

11 BUSINESS NOT DEALT WITH FROM A PREVIOUS MEETING ............... 2

12 REPORTS OF COMMITTEES ..................................................................... 3

12.1 LAKE CLAREMONT COMMITTEE .................................................. 3

12.1.1 LAKE CLAREMONT COMMITTEE - ITEMS NEEDING COUNCIL APPROVAL FROM THE UNCONFIRMED MINUTES OF 10 SEPTEMBER 2015 .................................... 3

13 REPORTS OF THE CEO ............................................................................. 9

13.1 PLANNING AND DEVELOPMENT .................................................. 9

13.1.1 ADOPTION OF COUNCIL POLICY LV124 - RETENTION OF HERITAGE PLACES, HERITAGE AREAS AND HERITAGE PRECINCTS AND LOCAL PLANNING POLICY 2/2015 - RETENTION OF HERITAGE PLACES, HERITAGE AREAS AND HERITAGE PRECINCTS ............................................... 9

13.1.2 LOT 25 (15) LAPSLEY ROAD, CLAREMONT – PROPOSED TWO STOREY DWELLING .................................................. 17

13.2 CORPORATE AND GOVERNANCE .............................................. 26


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13.2.1 MONTHLY STATEMENT OF FINANCIAL ACTIVITY FOR THE PERIOD ENDING 30 SEPTEMBER 2015 .................... 26

13.3 INFRASTRUCTURE ....................................................................... 29

13.3.1 LEURA AVENUE - GUGERI STREET VERGE LANDSCAPE TREATMENT (SOUTH WEST CORNER) ............................ 29

14 ANNOUNCEMENTS BY THE PRESIDING PERSON ............................... 32

15 ELECTED MEMBERS’ MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ............................................................................................. 32

16 NEW BUSINESS OF AN URGENT NATURE APPROVED BY THE PERSON PRESIDING OR BY DECISION OF MEETING ......................... 32

17 CONFIDENTIAL MATTERS FOR WHICH THE MEETING MAY BE CLOSED TO THE PUBLIC ....................................................................... 32

18 FUTURE MEETINGS OF COUNCIL ......................................................... 32

19 DECLARATION OF CLOSURE OF MEETING ......................................... 32


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TOWN OF CLAREMONT

ORDINARY COUNCIL MEETING

3 NOVEMBER, 2015

AGENDA

1 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

2 RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE

3 DISCLOSURE OF INTERESTS

4 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

5 PUBLIC QUESTION TIME

PLEASE NOTE: PUBLIC QUESTION TIME

Questions:

• Questions are to be put to the Mayor. • Questions must be in writing and placed on the table near the Chamber doors

once presented. Questions sheets are available to assist you. Please speak to the Personal Assistant – Services if you require a photocopy.

• A time limit of 3 minutes is allocated to each person. • Responding to Questions:

Once a question is asked the Mayor may:

• Respond to the question asked; • Refer the question to an officer for response; • Take the question on notice, in which case a written response will be included

in the agenda papers in the next Council Meeting;

6 PUBLIC STATEMENT TIME

PLEASE NOTE: COMMUNITY SUBMISSIONS

Community Submissions:

• Submissions are to be put to the Mayor; • Notice to speak must be provided in writing to the Chief Executive Officer by

noon on the day of the meeting; • The submission must be put prior to a decision being made on the matter by

Council. • A time limit of 5 minutes is allocated to each person.


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7 APPLICATIONS FOR LEAVE OF ABSENCE

8 PETITIONS/DEPUTATIONS/PRESENTATIONS

9 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

That the minutes of the Ordinary Meeting of Council held on 20 October 2015 be confirmed.

10 ANNOUNCEMENT OF CONFIDENTIAL MATTERS FOR WHICH MEETING MAY BE CLOSED TO THE PUBLIC

11 BUSINESS NOT DEALT WITH FROM A PREVIOUS MEETING


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12 REPORTS OF COMMITTEES

12.1 LAKE CLAREMONT COMMITTEE

12.1.1 LAKE CLAREMONT COMMITTEE - ITEMS NEEDING COUNCIL APPROVAL FROM THE UNCONFIRMED MINUTES OF 10 SEPTEMBER 2015

File Ref: GOV/00051

Attachment: Stirling Road Carpark Design

Responsible Officer: Saba Kirupananther Executive Manager Infrastructure

Author: Andrew Head Manager Parks and Environment

Proposed Meeting Date: 3 November 2015

Purpose For Council to consider three items from the unconfirmed minutes of the Lake Claremont Committee meeting held on 10 September 2015.

Background On 10 September 2015 the Lake Claremont Committee met and discussed various items. Three of the committee recommendations requiring Council approval are as follows: “1. Requests the Council to resume development of the Lake Claremont Management Plan.

2. Requests the Town to thank Pam Free for her generous contribution of bird images for Lake Claremont signage. 3. 3.1. Supports the proposed upgrade to Stirling Road Car Park and adjoining playing fields by Scotch College as per the concept design subject to the following:

• Any tree required for removal is to be replaced with a local species such as Agonis flexuosa (WA Peppermint) at a minimum size of 2 meters tall.

• Minimal impacts to the established trees by ensuring contractors comply with the Australian Standard for protection of trees on development sites.

• New trees are to be planted surrounding the car park at a ratio of one tree for every three bays

• Consider permeable surface material to the proposed car park area


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3.2 Support a recommendation that the Town provide its allocated budget for the Stirling Road Car Park Upgrade as its part of the contribution to the entire project subject to:

• The number of bays being a minimum of the 2 motorcycle, 1 ACROD and 14 Car bays as per the Towns concept plan within the park.

• Stormwater being directed into landscaped beds designed to clean pollutants prior to entering grassed areas of the park.

• Garden beds and trees being irrigated with bore water supplied from the school irrigation system to aid establishment and ensure survival.

• The detailed design of the pedestrian connectivity and marked crossing point is to be submitted and to the satisfaction of the Chief Executive Officer for approval

• Bike racks and drink fountain to be relocated to the satisfaction of Chief Executive Officer

• Detailed landscape design taking all of the above points into consideration to be submitted for approval by the Chief Executive Officer”.

Discussion 1. Resume development of the Lake Claremont Management Plan Lake Claremont draft Management Plan was put on hold until the Lake Claremont Recreation Plan is finalised. The CEO was concerned to avoid conflict over the proposals which may arise from the Recreation Use Working Party and the Management Plan. This delay is not stopping any works from progressing around Lake Claremont. Works listed in the Operational Plan continue. Once the Recreation Working Party report is considered by the Council in November 2015, the Lake Claremont Management Plan will be finalised for Council’s consideration via the Lake Claremont Committee, for community consultation. 2. Bird images sketched by Pam Free (volunteer) for the Lake Claremont signages Pam Free a volunteer for Birds Australia, has put more than 1000hours in sketching 35 bird images for the Lake Claremont signages. It is recommended for Council to acknowledge Pam Free’s generous contribution by sending a letter and giving her a voucher for $500 to purchase painting materials, as a token of gesture. 3. Stirling Road car park extension near Stirling Road Park As part of the Scotch College development approval, the Council approved the extension of the Stirling Road car park as shown in the attachment. The car park extension works are to be done as a joint project with Scotch College. Funding contribution from the Town is already available in the 2015-16 budget. Lake Claremont Parkland Concept plan approved by Council on 7 December 2010 shows an expansion to the car park to upgrade to 15 car bays and it also shows


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provision to increase an area with possible expansion by another 15 bays as a second stage later on. In February 2015 a car park design which included 14 car bays, one ACROD and two motorcycle bays was tabled at the Lake Claremont Committee meeting and the funding was approved by Council on 2 June 2015. Recently the Council received a proposal from Scotch College (Scotch) to develop an early learning centre near the playing fields within the Scotch grounds. Additional parking provisions would be required for this facility and a proposal for a combined car park has been designed. The concept plan of the parking area proposed at the end of Stirling Road was reviewed by the members of the committee on 16 July 2015 and recommended by the Committee on 10 September 2015 for Council approval. Current condition of the surface is very poor and the capacity of the parking area is lacking for the size of the adjoining public open space. Events with larger number of attendees occur at the site and the car park upgrade will assist in catering to this increased demand. By increasing the bay numbers and combining the facility with Scotch College, it can provide an appropriate sized parking facility to service both school and park needs during peak times on both weekdays and weekends. Allowing a loop service road entering into Scotch and returning back through the park, and the inclusion of a marked crosswalk, will improve safety for pedestrians, cyclists and vehicles within the car park.

Past Resolutions Ordinary Council Meeting 4 August 2015, Resolution 139/15: THAT Council grant planning APPROVAL for an extension of the existing ‘Educational Establishment’ use at Lot 400 (No. 31) Shenton Road, Swanbourne, to accommodate an Early Learning Centre for Scotch College subject to the following conditions and advice notes: 7. Scotch College is to enter into an Agreement with the Town of Claremont to pay

for the proposed upgrades to Stirling Road car park which will create additional parking areas for the school at the same time as improving access to the Lake Claremont playground;

8. Approval of the construction of the additional parking bays and egress into Stirling Road is conditional upon the applicant entering into a Legal Agreement with the Town of Claremont for reciprocal access over the adjacent car parking area and drop-off bays. The Agreement is to be registered as an easement in gross on the Certificate of Title with the agreement being prepared by Council’s solicitors at the applicant’s cost prior to the issue of a Building Permit;

9. The College appoint parking wardens to manage the Stirling Road pick-up and drop-off area to ensure efficient and proper operation and the wardens be in place on Monday to Friday (excluding public and school holidays) during the following times: Mornings - 7:45am to 9:00am


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Afternoons - 2:15pm to 3:30pm; 10. The extended drop off area at the end of Stirling Road is to be re-designed to

allow overflow parking onto the Scotch playing fields during major events; 12. All car parking areas are to be constructed and maintained to the satisfaction of

the Town of Claremont; 15. All car parking areas are to be constructed to meet Australian Standards

2890.1: 2004 ‘Off Street Car Parking Facilities’; 16. Landscaping as shown on the approved plans is to be installed and maintained

to a high standard to the satisfaction of the Town of Claremont; 17. All stormwater is to be contained on site. Details are to be provided on the

application for a Building Permit; and ADVICE NOTES: b) In regards to Conditions 12 and 15, car park and crossover designs are to be

submitted to and approved by the Town’s Engineering Services prior to construction;

Financial and Staff Implications Budget allocation of $52,000 is available for Stirling Road car park.

Policy and Statutory Implications 2010 Lake Claremont Management Plan

Lake Claremont Parkland Concept Plan

State Planning Policy 2.8 Bushland Policy for the Perth Metropolitan Region

Bush Forever Site 220

Environmental Protection (Swan Coastal Plain Lakes) Policy 1992

Environmental Protection (Clearing of Native Vegetation) Regulations 2004

Section 18.approval from DIA

WESROC Storm Water Management Strategy 2002

Publicity Not applicable.

Strategic Community Plan Liveability

We are an accessible community, with well maintained and managed assets, and our heritage preserved for the enjoyment of the community.

• Clean, usable, attractive, accessible streetscapes and public open spaces.

• Develop the public realm as gathering spaces for participation and enjoyment.


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People

We live in an accessible and safe community that welcomes diversity, enjoys being active and has a strong sense of belonging.

• Maintain, effectively manage and enhance the Town’s community facilities in response to a growing community.

• Improve the capacity of local community groups.

Environment

We are a leader in responsibly managing the build and natural environment for the enjoyment of the community and continue to provide sustainable, leafy green parks, streets and outdoor spaces.

• Provide education and communication on leading practices to the community.

Governance and Leadership

We are an open and accountable local government that encourages community involvement and strives to keep its community well informed.

• Identify strategic partnerships that align with the Town’s vision.

Urgency Not applicable.

Voting Requirements Simple majority decision of Council required.

OFFICER RECOMMENDATION That Council 1. Approves work on the draft Lake Claremont Management Plan to

recommence for Council’s consideration via the Lake Claremont committee, in preparation for public consultation. The Management Plan is to have regard for and take into account elements of the Recreation Working Party’s recommendations which are endorsed by Council.

2. Acknowledges Pam Free’s generous contribution in sketching bird images for Lake Claremont signage and present her with a gift voucher to the value of $500 for the purchase of paint materials.

3. Supports the proposed upgrade to Stirling Road Car Park by Scotch College as per the concept design subject to the following:

a. Any tree required for removal is to be replaced with a local species such as Agonis flexuosa (WA Peppermint) at a minimum size of 2 meters tall.


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b. Minimal impacts to the established trees by ensuring contractors comply with the Australian Standard for protection of trees on development sites.

c. New trees are to be planted surrounding the car park at a ratio of one tree for every three bays.

d. Consider permeable surface material to the proposed car park area.

4. Supports a recommendation that the Town provides its allocated budget for the Stirling Road Car Park Upgrade as its part of the contribution to the entire project subject to:

a. The number of bays being a minimum of the 2 motorcycle, 1 ACROD and 14 car bays within the park area.

b. Stormwater being directed into landscaped beds designed to clean pollutants prior to entering grassed areas of the park.

c. Garden beds and trees being irrigated with bore water supplied from the school irrigation system to aid establishment and ensure survival.

d. The detailed design of the pedestrian connectivity and marked crossing point is to be submitted and to the satisfaction of the Chief Executive Officer for approval.

e. Bike racks and drink fountain to be relocated to the satisfaction of Chief Executive Officer.

f. Detailed landscape design taking all of the above points into consideration to be submitted for approval by the Chief Executive Officer.

INFRASTRUCTURE

ITEMS NEEDING COUNCIL APPROVAL FROM THE UNCONFIRMED LAKE CLAREMONT COMMITTEE

MINUTES 10 SEPTEMBER 2015

STIRLING ROAD CARPARK DESIGN

3 NOVEMBER 2015

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13 REPORTS OF THE CEO

13.1 PLANNING AND DEVELOPMENT

13.1.1 ADOPTION OF COUNCIL POLICY LV124 - RETENTION OF HERITAGE PLACES, HERITAGE AREAS AND HERITAGE PRECINCTS AND LOCAL PLANNING POLICY 2/2015 - RETENTION OF HERITAGE PLACES, HERITAGE AREAS AND HERITAGE PRECINCTS

File Ref: DAB/00029 Attachments – Public: Council Policy LV124 - Retention of Heritage Places,

Heritage Areas and Heritage Precincts Local Planning Policy 2/2015 Retention of Heritage

Places, Heritage Areas and Heritage Precincts Attachments – Restricted: Submission Responsible Officer: David Vinicombe

Executive Manager Planning and Development Author: Jo Harris

Heritage Officer Proposed Meeting Date: 3 November 2015

Date Prepared: 8 October 2015

Financial Implications: Nil

Enabling Legislation: Planning and Development Act 2005 (PDA) Town Planning Scheme No. 3 (TPS3) Heritage of Western Australia Act 1990

Purpose For Council to consider the submission received during the consultation period for draft Council Policy LV124 – Retention of Heritage Places, Heritage Areas and Heritage Precincts (LV124) and Local Planning Policy 2/2015 Retention of Heritage Places, Heritage Areas and Heritage Precincts (LPP 2/2015) and consider the final adoption of these policies.

Background • At its meeting held on 5 August 2014 Council resolved to adopt the Draft

Municipal Inventory (MI) as the Town of Claremont Local Government Inventory 2014 (LGI).

• At its meeting held on 7 July 2015 Council resolved to update the Town of Claremont Schedule of Historic and Other Buildings and Places 2015 (Heritage Schedule) under Clause 78 of Town Planning Scheme No. 3 (TPS3) to incorporate changes in the LGI including the addition of heritage areas and precincts.

• A review of Council Policy LV124 – Retention of Residential Heritage was undertaken to reflect changes to the LGI and the Heritage Schedule, including


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the addition of heritage areas and precincts. The proposed Council Policy LV124 – Retention of Heritage Places, Heritage Areas and Heritage Precincts (and associated Local Planning Policy 2/2015), reflect current heritage and planning practice and legislation, and include additional information related to heritage listings and development controls.

• At its meeting held on 1 September 2015 Council resolved to adopt draft Council Policy LV124 – Retention of Heritage Places, Heritage Areas and Heritage Precincts and Local Planning Policy 2/2015 Retention of Heritage Places, Heritage Areas and Heritage Precincts for public consultation under clause 82(2) of TPS3 and consider any submissions made during the consultation period prior to final adoption of the policies.

Section 45 of the Heritage of Western Australia Act 1990 states that: (1) A local government shall compile and maintain an inventory of buildings within

its district which in its opinion are, or may become, of cultural heritage significance.

(2) The inventory required by subsection (1) shall be compiled no later than 4 years from the commencement of this Act and shall be – (a) updated annually; and (b) reviewed every 4 years after compilation.

The Town created its first Municipal Inventory (MI) of locally significant heritage buildings and places in 1991 in accordance with (2) above. The MI has been updated regularly since 1991 and a comprehensive review commenced in 2011 which resulted in the adoption of the Town of Claremont Local Government Inventory 2014 (LGI – new name for MI). To afford the properties listed in the LGI with protection under TPS3, and therefore enable development on these properties to be assessed under the provisions of TPS3 and Council Policy, the Schedule of Historic and Other Buildings and Places (Heritage Schedule) was updated in accordance with clause 78 of TPS3. Clause 79 of TPS3 provides the protection status for properties contained in the Heritage Schedule. Whilst TPS3 and State Planning Policy 3.5 – Historic Heritage Conservation provide for the determination of planning applications affecting places in the Heritage Schedule, the State Heritage Office (SHO) advises local governments to consider the adoption of a local planning policy to provide additional guidance as to how discretion under a scheme may be exercised for heritage properties. Such a policy should provide guidance to local government decision makers and assist owners and the community to understand how decisions are likely to be reached. The SHO advises that local planning policies for heritage should typically be employed to provide guidance for development affecting heritage places within a local government district and for heritage areas designated under the local planning scheme. The Town’s heritage policy LV124 has been reviewed to respond to changes to the Town’s LGI and the Heritage Schedule and to reflect current heritage and planning practice and legislation. Council Policy LV124 is a short form version of the details contained in LPP 2/2015 which includes expanded design guidelines to enable the


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Town to conserve the heritage places and streetscapes that are deemed important to the Town.

Past Resolutions Ordinary Council Meeting 1 September 2015, Resolution No. 154/15: Council resolved - 1. To adopt draft Council Policy LV124 – Retention of Heritage Places, Heritage

Areas and Heritage Precincts and Local Planning Policy 2/2015 Retention of Heritage Places, Heritage Areas and Heritage Precincts for public consultation under clause 82(2) of TPS3

2. Consider any submissions made during the consultation period prior to final adoption of the policies.

Statutory Considerations Local Planning Policies can be adopted under TPS3 clause 82. Council is not bound by a policy but must have due regard when determining development applications. Local Planning Policies must be advertised for two consecutive weeks in a local newspaper. Council must then consider any submissions made prior to adopting the policy.

Consultation The draft policies were advertised in accordance with the provision of TPS3 clause 82 for a minimum period of 21 days. One submission was received (attached) and detailed below.

Submissions Received Submission Applicant Comment Officer Comment Philip Pullinger

The policy provides no guidance at all as to how the Town will go about determining whether or not a Category C standalone building not within or immediately adjacent to a heritage area may be demolished or altered.

The policy deals with alteration of standalone Category C heritage listed building under the following section: “Levels of Significance” and sub heading “Category C Heritage Places”. Under these sections the policy explains there will be greater planning flexibility applied when determining an application dependent upon the Category listing and the information that contributes to determining the level of significance of a place. The level of significance of a place is determined both by the Category Listing and the level of contribution it makes to the Town’s heritage values. Table 2 of LPP 2/2015 also details processes required for the delisting and development of a listed property. For clarity, Table 2 is proposed to be modified to add the word “individually” in front of the second column dealing with a Listed Heritage Property. In addition, the proposed procedures for the demolition of standalone Category C buildings under the Demolition section – subheading ‘Planning Applications for Heritage Places and


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A significant issue in relation to standalone Category C buildings is whether it contributes to the streetscape. Where the street comprises non heritage buildings then this is likely to be a significant factor applicable to an application for demolition or alteration. The policy needs to allow demolition or alteration where a Peer Review Panel recommends the building not be listed on the Schedule or may otherwise be demolished or altered. There should be flexibility to allow Council to form a view that in particular circumstances the demolition or alteration can

Heritage Places within Heritage Areas or Precincts” combined the two procedures. In order to address the concern raised and provide clarity, separate sections dealing with “Planning Applications for Individual Heritage Places” and “Planning Applications for Heritage Places within Heritage Areas or Precincts” are proposed as part of the final policy for adoption. The submission raises a valid comment in relation to the LGI as many of the individual listings refer to the contribution to the streetscape. Whilst heritage places may contribute to the heritage characteristics of the Town as a whole, it is important that, in future LGI reviews, the heritage significance of all places relative to their streetscape be one of the factors that is included in reassessments. This matter should be considered in future reviews of the LGI, as it is not relevant to the policy proposals under current consideration. The contribution of a standalone heritage building to its streetscape (and locality) is considered under the policy. Stand alone heritage places are considered significant for their individual heritage values and significance – which are often evident from the street view and result in a positive contribution to the local heritage characteristics of the Town. Where a place is a lower Category C place, the assessment documentation will direct planning decisions based upon the heritage values of the place which may include the positive contribution it makes to the locality. The policy deals with demolition under a specific heading “Demolition”. The policy allows for complete demolition in rare circumstances. Approval for complete demolition will occur where Council has agreed to delisting of the place for one or more of the following reasons: 1. The Council believes the demolition is

required to deliver exceptional benefits to the community.

2. It has been proven it is not feasible to restore or adapt the place.

3. Structure failure is proven. 4. A Peer Review Panel finds the place no

longer meets the threshold for inclusion in the Heritage Schedule.

5. Any other reason the Council finds to warrant delisting.

This is provided for in points 1, 2, 3 and 5 as listed above. It is proposed to revise Table 2 of LPP 2/2015 to only require a Peer Review Panel report when these other matters (e.g. –


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proceed without the necessity for a review by a Peer Review Panel. The policy should include the following clauses that pertain to demolition: The Town will allow the demolition of a Category C standalone building that is not within or immediately adjacent to a residential heritage precinct or a commercial heritage precinct where:- 1. The building is at the lower

end of the scale warranting its listing as a Category C building

2. Either:-

(a) A Review Panel has

recommended that the building should not be listed on the Schedule or that otherwise the building may be demolished or altered or

(b) The Council otherwise considers the building is not of sufficient significance and as a result demolition or alteration may be permitted.

3. If considered appropriate by

Council, an archival record of the building be provided to the Town for future public reference.

The Council in considering the significance of the building and whether it may be demolished or altered should take into account the extent to which the building contributes to its existing streetscape.

structural failure) are not evident. The table has been amended to include the words ‘where required’ to address this. The proposed policy revisions detailed above outline the circumstances where demolition of any individual heritage place will be considered. This is addressed in the policy. This is addressed in the policy. This is addressed in the policy. This is addressed in the policy. The contribution to the streetscape will be considered where this is identified within the assessment documentation as being of significance. This is most important where the place forms part of a heritage area. Where a loss of context reduces the significance, a Peer Review Panel may recommend delisting.

Other Matters Raised The submission also included additional comments in relation to the current legislative provision on heritage and whether the Town’s heritage listing process is consistent with such legislation. Whilst these comments are not related to the proposed policies, the issues raised in relation to heritage listing are noted and responded to below.


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Relativity between LGI and Heritage Schedule The submission indicates clause 78(a) of TPS3 provides that Council is required to create a specific Heritage Schedule. The clause does not say that the Council must or may simply adopt the LGI as its Schedule. It is argued that the Council has, in adopting the LGI as the schedule, failed to give consideration to the entries in the Schedule but has merely adopted the LGI. By adopting the LGI as the Schedule under TPS3, the Council has failed to comply with clause 78(1) and as a result the Schedule is invalid. In response to this comment, Council is advised that no SHO advice or legislation prevents a local government from adopting all the entries in a LGI in the Heritage Schedule. To the contrary, the SHO advises that when compiling Heritage Schedules, a local government may elect to include all heritage places in its MI, (LGI) or a smaller sub-set of places. The intention of an LGI is to provide a survey of heritage assets within a local government area that will form the base information from which a Heritage Schedule is compiled. Model Scheme Text provisions and the newly introduced Deemed Provisions for Local Planning Schemes both refer to LGIs forming the basis of any Heritage List included within a Town Planning Scheme. During the recent review of both the Town’s LGI and Heritage Schedule the Council made a considered and informed decision to adopt the complete LGI as the Heritage Schedule so as ensure that the conservation of the identified heritage value of the Town is considered when determining planning applications. Heritage Schedule Requirements The requirement for the Schedule is that it must be a schedule of buildings, objects and places of architectural, historical or townscape value. This is a totally different test to what is to be included in the LGI, the requirement of which is of cultural heritage significance. In response to this comment, Council is advised that as previously discussed, the LGI and the Heritage Schedule are closely linked, with the LGI informing the Heritage Schedule. The LGI survey was undertaken in accordance with the principles of the Australia ICOMOS Charter for the Conservation of Places of Cultural Significance 2013 (The Burra Charter) and SHO guidelines, both of which state that cultural heritage significance is determined through assessing places for their aesthetic, historic, scientific, social or spiritual values. Therefore the terminology is not mutually exclusive as suggested in the comment. Architectural, historic and townscape values are evident in the places included in the LGI and Heritage Schedule. There has been a shift in modern heritage practice that now considers that the architecture of a place may contribute to its aesthetic, historic, scientific, social or spiritual value. Townscape (or streetscape) values of heritage areas or precincts are usually valued for their historic or aesthetic values. The assessment documentation identifies which of these values apply to any heritage areas or precincts that are identified as being of cultural heritage significance. Whilst TPS3 does not use the term cultural heritage significance, given the inextricable link between the LGI and the Heritage Schedule, the places on the


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Heritage Schedule display architectural, historical or townscape value to the extent that they are considered of cultural heritage significance to the Town. Townscape v Cultural Heritage Significance A building may be of significant townscape value but not necessarily of cultural heritage significance and vice versa. In response to this comment, Council is advised that this correct. Townscape value and cultural heritage significance are different and State Planning Policy 3.5 and SHO note these two issues should not be confused. However, places that demonstrate streetscape value can be identified as having cultural heritage significance. In the Town, where places are considered to be of heritage significance for their townscape or streetscape value, this is clearly included in the heritage documentation.

Discussion In response to the submission, a number of modifications to the advertised draft LPP 2/2015 are proposed detailed below: Inclusion of the words ‘Individually’ and ‘Where required’ in column 2 of Table 2 - as underlined below. Summary of Delisting Process

Required Process for Delisting and Development

Individually Listed Heritage Property

Listed Property in Heritage Area or Precinct

Unlisted Property Within or Immediate Locality * of a Heritage Area or Precinct

Submit Heritage Assessment Report X X N/A Peer Review Panel assessment and recommendation Where required X N/A

Satisfaction of removal requirements X X N/A DA application for demolition X X X DA application for new dwelling N/A X X DA approval for demolition subject to archival record/interpretation plan and element

X X N/A

DA approval for new building subject to compliance with Policy Design Guideline requirements for compatible development

N/A X X

Table 2 This table improves the relationship with Table 1 contained in LPP 2/2015 and text contained under the heading “Demolition” to provide for some flexibility where the circumstances may not warrant Peer Review Panel consideration. The “Demolition” section provides a list of reasons why Council may agree the delisting (and possible subsequent demolition) of a place on the Schedule. For example if Council accepts the findings of a structural engineering report that proves structural failing of a place, the Council most likely not require consideration by a Peer Review Panel. More clarity is proposed regarding procedures for planning applications for individual heritage places. The information contained in this section of the policy is also


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contained in Table 2 however; the following section has been included in the final draft of the policy to provide greater clarity. Planning Applications for Individual Heritage Places Where redevelopment of an individually listed heritage place is made, the agreement for removal of the place from the LGI and the Heritage Schedule will be subject to the lodgement of a planning application which proposes demolition. As a condition of planning approval for the demolition and redevelopment of an individually listed heritage place on the Heritage Schedule, the Town will require an Archival Record/Interpretation Plan to be submitted and/or an element of interpretation to be included within the new development, i.e. an engraved plaque, or other element to the satisfaction of Council. Following satisfaction of these requirements, the property may be removed for the LGI and the Heritage Schedule.


OFFICER RECOMMENDATION That Council

1. To adopt Council Policy LV124 – Retention of Heritage Places, Heritage Areas and Heritage Precincts and the revisions to Local Planning Policy 2/2015 Retention of Heritage Places, Heritage Areas and Heritage Precincts under clause 82(2) of Town Planning Scheme No. 3, modified to include two changes to Table 2 and the inclusion of the section Planning Applications for Individual Heritage Places as detailed in this report.

2. Advise those who made a submission on draft Council Policy LV124 - Retention of Heritage Places, Heritage Areas and Heritage Precincts and Local Planning Policy 2/2015 Retention of Heritage Places, Heritage Areas and Heritage Precincts of the above, and responses to the comments raised as contained in this report.

PLANNING AND DEVELOPMENT

ADOPTION OF COUNCIL POLICY LV124 – RETENTION OF HERITAGE PLACES, HERITAGE

AREAS AND HERITAGE PRECINCTS AND LOCAL PLANNING POLICY 2/2015 RETENTION OF

HERITAGE PLACES, HERITAGE AREAS AND HERITAGE PRECINCTS

COUNCIL POLICY LV124 - RETENTION OF HERITAGE PLACES, HERITAGE AREAS AND

HERITAGE PRECINCTS

ATTACHMENT 1 – PUBLIC

3 NOVEMBER 2015

PAGES 3

RETENTION OF HERITAGE PLACES, HERITAGE AREAS AND HERITAGE PRECINCTS LV124

RETENTION OF HERITAGE PLACE, HERITAGE AREAS AND HERITAGE PRECINCTS

LV124

Key Focus Area: LIVEABILITY

Responsibility: EXECUTIVE MANAGER PLANNING & DEVELOPMENT Relevant Council Delegation:

Purpose The purpose of this policy is to ensure that the heritage places, areas and precincts that contribute to the cultural heritage significance of the Town are retained and that, where adaptations or additions are necessary to ensure their ongoing sustainability, development does not reduce the heritage value of the heritage places, areas or precincts. Objectives The objectives of this Policy are:

• To conserve and enhance the heritage significance of heritage places, areas and precincts within the Town of Claremont.

• To provide design and development guidance to ensure that development does not adversely affect the heritage significance of heritage places, areas or precincts.

• To ensure that heritage places, areas and precincts are developed in a manner that ensures their long-term use and viability.

• To ensure that heritage significance is given due consideration in the planning decision making process.

• To provide guidance to landowners and the community about the planning processes for heritage identification and protection in the Town of Claremont.

• To encourage the conservation of heritage places, areas and precincts through the provision of planning and financial incentives.

• To protect the heritage characteristics of streetscapes within the locality and where possible accommodate modern development trends.

Status / Application of this Policy This planning policy was originally adopted by Council on 17 August 2010 as Policy 108 – Retention of Residential Heritage and has been reviewed to reflect changes to planning and heritage practice and legislation, and to provide for the following specific matters:

• The inclusion of commercial heritage precincts. The Town has identified groups of nineteenth and twentieth century commercial buildings, which are both aesthetically and historically significant, as examples of the changing development in commercial premises and the business districts that have developed along the railway line between Perth and Fremantle.

• The inclusion of residential heritage areas. The Town of Claremont almost in its entirety demonstrates a special urban heritage character. Within the overall urban character there are distinct heritage areas which exhibit specialised qualities such as common architectural styles, periods of construction or historical significance. These areas are established on the basis of a clear statement of significance and identification with the significant heritage fabric of the area. Each area has been accorded a level of significance and management category.

• Guidance on development contained within the immediate locality of heritage areas and precincts.

• The inclusion of procedures for adding, amending or deleting entries on the Heritage Schedule.

• Guidance on the assessment of development applications for Category C entries on the Heritage Schedule.

This policy has been prepared and reviewed in accordance with clause 82 of Town Planning Scheme No. 3. This means that both the Town and prospective applicants are obliged to take the policy into account. Variations and departures from the policy may be possible; however these will need to be suitably justified by both the applicant and the Town and address the provisions and objectives of the policy. This policy applies only to:

• Heritage places, areas and precincts included on the Heritage Schedule. • Places within the immediate locality of a heritage area or precinct included on the

Heritage Schedule. It should be read together with Local Planning Policy ‘Retention of Residential Character LV123”. Other Relevant Policies and Documents In considering any development application in relation to (or within the immediate locality of) a heritage place, area or precinct entered on the Heritage Schedule, the Town will be guided by this policy and have regard to:

• The matters set out in sections 6.5 and 6.6 of State Planning Policy 3.5 Historic Heritage Conservation (2007).

• The principles of The Burra Charter: the Australia ICOMOS charter for places of cultural significance 2013 (The Burra Charter).

• The information contained in the Town’s Local Government Inventory and in particular the Management Category and the Statement of Significance for the place, area or precinct.

• Material contained in Conservation Plans, Heritage Assessments, Heritage Impact Statements, Design Guidelines and any other heritage documents or reports pertaining to the place, area or precinct.

• The structural condition of a heritage building, and whether the building is reasonably capable of conservation.

• Any other matters considered appropriate, for example the extent to which the community would benefit from the proposed redevelopment.

• Advice of the Heritage Council of Western Australia.

• Advice of the National Trust of Australia (WA). • The impact that the proposed development will have on the heritage significance of

any heritage place, area or precinct.

Work Procedures Refer to the Local Planning Policy 2/2015 Retention of Heritage Places, Heritage Areas and Heritage Precincts also adopted under clause 82 of Town Planning Scheme No. 3. Policy Adoption and Amendment History Reviewed/Modified Minutes Reference Date Meeting Type Adopted 210/10 17/08/2010 Ordinary Council Meeting Reviewed 210/10 05/10/2010 Ordinary Council Meeting Reviewed 360/13 10/12/2013 Ordinary Council Meeting Reviewed 203/14 09/12/2014 Ordinary Council Meeting Reviewed 154/15 01/09/2015 Ordinary Council Meeting Adopted 03/11/2015 Ordinary Council Meeting


ADOPTION OF COUNCIL POLICY LV124 – RETENTION OF HERITAGE PLACES, HERITAGE

AREAS AND HERITAGE PRECINCTS AND LOCAL PLANNING POLICY 2/2015 RETENTION OF

HERITAGE PLACES, HERITAGE AREAS AND HERITAGE PRECINCTS

LOCAL PLANNING POLICY 2/2015 - RETENTION OF HERITAGE PLACES, HERITAGE AREAS AND

HERITAGE PRECINCTS


3 NOVEMBER 2015

PAGES 22

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TOWN OF CLAREMONT

TOWN PLANNING SCHEME NO. 3

LOCAL PLANNING POLICY 2/2015

POLICY TITLE: Retention of Heritage Places, Heritage Areas and Heritage Precincts

INTRODUCTION

This planning policy has been developed by the Town of Claremont (the Town) to provide specific guidance on the achievement of the Town’s strategic objectives related to heritage conservation.

Claremont Ahead 2023 (the Town’s Strategic Community Plan) and Clearly Claremont (the Town’s Local Planning Strategy 2010-2025) both identify the protection and enhancement of cultural assets of the Town as important in maintaining and improving a quality urban environment.

The Town adopted a Heritage Management Plan in 2005 as a means of implementing Council’s mission statement:

“Develop a vibrant, harmonious and safe village, embracing the future, respecting the past.”

The Town contains a significant collection of heritage assets which have, in accordance with the Heritage of Western Australia Act 1990, been identified in the Town of Claremont Local Government Inventory (LGI) that was endorsed and adopted by Council in 2014. Subsequently, new inclusions within the LGI were considered for inclusion in the Schedule of Historic and Other Buildings and Places (Heritage Schedule) attached to the Town Planning Scheme No. 3 (TPS3). The Heritage Schedule is available on the Town’s website.

PURPOSE OF THIS POLICY

The purpose of this policy is to ensure that the heritage places, areas and precincts that contribute to the cultural heritage significance of the Town are retained and that, where adaptations or additions are necessary to ensure their ongoing sustainability, development does not reduce the heritage value of the heritage places, areas or precincts.

OBJECTIVES OF THIS POLICY

• To conserve and enhance the heritage significance of heritage places, areas and precincts within the Town of Claremont.

• To provide design and development guidance to ensure that development does not adversely affect the heritage significance of heritage places, areas or precincts.

• To ensure that heritage places, areas and precincts are developed in a manner that ensures their long-term use and viability.

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• To ensure that heritage significance is given due consideration in the planning decision making process.

• To provide guidance to landowners and the community about the planning processes for heritage identification and protection in the Town of Claremont.

• To encourage the conservation of heritage places, areas and precincts through the provision of planning and financial incentives.

• To protect the heritage characteristics of streetscapes within the locality and where possible accommodate modern development trends.

STATUS/APPLICATION OF THIS POLICY

This planning policy was originally adopted by Council on 17 August 2010 as Policy 108 – Retention of Residential Heritage and has been reviewed to reflect changes to planning and heritage practice and legislation, and to provide for the following specific matters:

• The inclusion of commercial heritage precincts. The Town has identified groups of nineteenth and twentieth century commercial buildings, which are both aesthetically and historically significant, as examples of the changing development in commercial premises and the business districts that have developed along the railway line between Perth and Fremantle.

• The inclusion of residential heritage areas. The Town of Claremont almost in its entirety demonstrates a special urban heritage character. Within the overall urban character there are distinct heritage areas which exhibit specialised qualities such as common architectural styles, periods of construction or historical significance. These areas are established on the basis of a clear statement of significance and identification with the significant heritage fabric of the area. Each area has been accorded a level of significance and management category.

• Guidance on development contained within the immediate locality of heritage areas and precincts.

• The inclusion of procedures for adding, amending or deleting entries on the Heritage Schedule.

• Guidance on the assessment of development applications for Category C entries on the Heritage Schedule.

This policy has been prepared and reviewed in accordance with clause 82 of TPS3. This means that both the Town and prospective applicants are obliged to take the policy into account. Variations and departures from the policy may be possible; however these will need to be suitably justified by both the applicant and the Town and address the provisions and objectives of the policy.

This policy applies only to:

• Heritage places, areas and precincts included on the Heritage Schedule. • Places within the immediate locality of a heritage area or precinct (refer glossary) included

on the Heritage Schedule.

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RELEVANT CONSIDERATIONS

In considering any development application in relation to (or within the immediate locality of) a heritage place, area or precinct entered on the Heritage Schedule, the Town will be guided by this policy and have regard to:

• The matters set out in sections 6.5 and 6.6 of State Planning Policy 3.5 Historic Heritage Conservation (2007).

• The principles of The Burra Charter: the Australia ICOMOS Charter for Places of Cultural Significance 2013 (The Burra Charter).

• The information contained in the Town’s LGI and in particular the Management Category and the Statement of Significance for the place, area or precinct.

• Material contained in Conservation Plans, Heritage Assessments, Heritage Impact Statements, Design Guidelines and any other heritage documents or reports pertaining to the place, area or precinct.

• The structural condition of a heritage building, and whether the building is reasonably capable of conservation.

• Any other matters considered appropriate, for example the extent to which the community would benefit from the proposed redevelopment.

• Advice of the Heritage Council of Western Australia. • Advice of the National Trust of Australia (WA). • The impact that the proposed development will have on the heritage significance of any

heritage place, area or precinct.

POLICY STATEMENT

GENERAL PRINCIPLES

Conservation of a heritage place, area or precinct includes managing change in a way so that the heritage significance is retained and/or enhanced. The following general principles apply to all development (including maintenance, conservation, adaptation, alterations, additions, demolition and new buildings) affecting heritage places, areas and precincts (including development within the immediate locality of a heritage area or precinct) listed in the Heritage Schedule:

• Significant heritage fabric should be retained, protected and restored with ‘like for like’ authentic restoration to original detail wherever possible.

• Original front elevations and features should be retained wherever possible. • Intrusive finishes and elements where they conceal or negatively impact upon the heritage

significance of a building may be removed. • Work that can be reversed in the future is desirable. Work that cannot be reversed may be

supported, provided the heritage significance of the building is not compromised. • The location of ‘new technologies’ on a heritage building should be undertaken in an

unobtrusive manner so they do not negatively impact upon the heritage significance of the building.

• Additions should not overwhelm the existing building in terms of bulk, form and scale.

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• Additions should be designed so the existing building remains the dominant structure on the site when viewed from the street.

• Additions should be designed to respect but not copy or mimic features or the design of the heritage place.

• Additions should be designed so there is a clear distinction from the existing heritage building.

• Additions may be designed in a contemporary style that is respectful to the existing heritage building.

• New development within the immediate locality of a heritage area or precinct should be respectful of the heritage area or precinct and not detract from its heritage significance.

DEVELOPMENT APPLICATIONS

The definition of development and requirements for submissions of planning applications are set out in TPS3. Clause 25(2) details permitted development for heritage listed building.

Accompanying Material

In addition to material required in accordance with TPS3 clause 83(3), the following material is required to accompany planning applications for all development affecting heritage places, areas or precincts and for places within the immediate locality of a heritage area or precinct.

• Photographs showing the existing front elevation and areas affected by the proposed development.

• A schedule of existing and proposed external colours and finishes.

In some instances the Town may also require an applicant to provide, at the applicant’s expense, one or more of the following to assist the Town in the determination of a planning application.

Archival Record - If a proposal will have a substantial impact on the significant heritage fabric of a heritage place, including but not limited to demolition.

Heritage Assessment - Where the Town requires additional information to assist in the determination of a planning application.

Heritage Impact Statement - If a proposal will have a substantial impact on the significant heritage fabric of a heritage place, area or precinct.

Historical data or evidence – To support the proposed removal of non-heritage fabric or reinstatement of heritage features or details.

Conservation Plan - If a proposal affects a heritage place that is entered in the State Register of Heritage Places, or affects a large or complex heritage place of exceptional significance. Such cases will be rare.

Conservation Strategy- If a proposal affects a heritage place that is entered in the State Register of Heritage Places, or affects a large or complex place of exceptional significance. Such cases will be rare.

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Structural Condition Assessment - If structural failure is cited as a justification for the demolition of a heritage building, evidence should be provided from a registered structural engineer with demonstrated heritage experience that the structural integrity of the building has failed to the point where it cannot be rectified without removal of a majority of its significant heritage fabric and/or rectification costs would be prohibitive.

Interpretation Plan – If a proposal will have a substantial impact on the significant heritage fabric of a heritage place, area or precinct.

The following criteria will be used to assess this requirement:

• The extent to which the proposed development will impact on the cultural heritage significance of the heritage place, area or precinct.

• The level and nature of cultural heritage significance of the heritage place, area or precinct and the extent to which interpretative material will increase community understanding of the heritage place, area or precinct and its history.

State Register of Heritage Places

All planning applications for places entered on the State Register of Heritage Places will be referred to the Heritage Council of Western Australia for comment. The Town will take into account comments provided by Heritage Council in determining the planning application.

Places Classified by the National Trust of Australia (WA)

All planning applications for places classified by the National Trust Australia (WA) will be referred to the National Trust for comment. Although there is no statutory requirement associated with such places the Town will take into account comments provided by the National Trust in determining the planning application.

LEVELS OF SIGNIFICANCE

The level of heritage significance of a heritage place, area or precinct is fundamental to the assessment of any planning application and will be taken into account when a planning application is determined.

Each assessment of a heritage place, area or precinct includes a Statement of Significance that outlines the essential heritage values and features of the place, area or precinct.

One of the following recommended management levels is applied to each heritage place entry in the LGI.

• Category A – Exceptional significance • Category B – Considerable Significance • Category C - Some significance

The determination of a planning application will take into consideration all of the information that contributes to determining the level of significance of a place, area or precinct. The Town may

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require additional information to be supplied to assist in the determination of a planning application as detailed above.

Category C Heritage Places

For Category C heritage places, which are of lower heritage significance than Category A and Category B places, there will be greater planning flexibility applied when determining an application. For example less stringent conditions on the reinstatement of original features may allow similar materials to be used instead of ‘like for like’, or the removal of significant heritage fabric not visible from the primary street may be allowed.

In exceptional circumstances the Town may allow a substantial alteration of a Category C place. In these cases a planning approval may impose conditions which require interpretation of the place or submission of an Archival Record.

In some circumstances, such as where an application for planning approval for a new building requires removal of an existing heritage building, or where an owner lodges a request for the removal of a heritage listing, the Town may require further heritage assessment of a place to be undertaken at the applicant’s expense. In these circumstances the application may be referred to a Peer Review Panel to assist in determining the proposal affecting a Category C heritage place.

PROCEDURES FOR ADDING, DELETING OR AMENDING ENTRIES IN THE HERITAGE SCHEDULE

The procedures for adding places to the Heritage Schedule are set out in clause 78 of TPS3.

The Town may consider amending the Heritage Schedule over time in the following circumstances:

Event Council policy EVENT COUNCIL POLICY

A place, area or precinct is found to be significant in a new or reviewed LGI.

The Town will consider inclusion of a place, area or precinct in the Heritage Schedule if the findings of a new or reviewed LGI support it and the consultation requirements of TPS3 have been undertaken.

A place is nominated for inclusion in the Heritage Schedule by the owner or a member of the public.

The Town will consider inclusion of a place in the Heritage Schedule in accordance with the provisions of TPS3 on lodgement of a nomination on the Town’s heritage assessment form.

A full assessment and subsequent inclusion on the Heritage Schedule may be deferred until the next planned review of the Heritage Schedule.

A place is found to no longer meet the threshold for inclusion based upon the findings of a detailed Heritage Assessment.

The Town may consider the removal of a place from the Heritage Schedule (e.g. Category C listing) if, following consideration of a detailed Heritage Assessment by both the Town and a Peer Review Panel, the place no longer is considered to meet the threshold for inclusion in the Heritage Schedule. Such cases will be rare.

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A place is substantially damaged or destroyed. The Town will consider removing a place from the Heritage Schedule if it is damaged or destroyed to the extent that it can be demonstrated to the Council’s satisfaction that its significance is lost. Such cases will be rare.

In response to a request for delisting to allow demolition

A place may be removed from the Heritage Schedule where the Town considers an application for delisting is warranted to allow the demolition of a place so as to deliver exceptional benefits to the community or for any other reason the Council finds warrants the demolition.

Table 1

Reclassification of Category Listing

In all but exceptional circumstances reclassification of a heritage place will only be considered at a scheduled review of the LGI.

Where an owner seeks reclassification of a heritage place the request must be lodged in writing with the Town. If the Town agrees to consider the request outside of the scheduled review period, the owner will be required to provide, at their own expense, an independent detailed Heritage Assessment of the place, to be prepared by an experienced heritage professional. The Town may consider the application in consultation with a Peer Review Panel (at the owner’s cost).

DEMOLITION

Demolition of any individually listed heritage place or heritage place within a heritage area or precinct requires agreement from Council for removal from the LGI and the Heritage Schedule and a planning approval.

It is strongly recommended that where demolition of all or part of a heritage building is contemplated, the applicant seek advice from the Town well before the preparation of a proposal for a new building on the site.

Generally, Council will not approve demolition of all or part of a heritage building. Demolition will not be determined solely on the basis that it provides a more attractive economic proposition. Council encourages retention of heritage buildings over demolition and replacement with new buildings in all cases. Alterations and additions to existing dwellings should be designed such that the significant areas of the building and the significant heritage fabric are retained. In all cases the onus rests with the applicant to provide a clear justification for demolition. Approval for complete demolition of an individually listed heritage place or heritage place within a heritage area or precinct on the Heritage Schedule will only occur in the rarest of circumstances. Council should in the first instance agree to the delisting of the place for one or more of the following reasons:

• The Council believes the demolition of a place is required to deliver exceptional benefits to the community.

• It has been proven that it is not feasible to restore or adapt the place. • Structural failure is proven and the building is beyond reasonable conservation.

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• A place is found to no longer meet the threshold for inclusion based upon the findings of a detailed Heritage Assessment and Council consideration of a recommendation from the Peer Review Panel.

• Any other reason the Council finds to warrant the delisting.

Planning Applications for Individual Heritage Places

Where redevelopment of an individually listed heritage place is made, the agreement for removal of the place from the LGI and the Heritage Schedule will be subject to the lodgement of a planning application which proposes demolition.

As a condition of planning approval for the demolition and redevelopment of an individually listed heritage place on the Heritage Schedule, the Town will require an Archival Record/Interpretation Plan to be submitted and/or an element of interpretation to be included within the new development, i.e. an engraved plaque, or other element to the satisfaction of Council. Following satisfaction of these requirements, the property may be removed for the LGI and the Heritage Schedule.

Planning Applications for Heritage Places within Heritage Areas or Precincts

Where redevelopment of a heritage place is proposed within a heritage area or precinct, the agreement for removal of the place from the LGI and the Heritage Schedule will be subject to the lodgement of a planning application, which proposes demolition and a new development which addresses the requirements of this policy with regard to the Guidelines for Development within the Immediate Locality of Heritage Areas and Heritage Precincts to the satisfaction of Council.

As a condition of planning approval for the demolition and redevelopment the heritage place within a heritage area or precinct on the Heritage Schedule, the Town will require an Archival Record/Interpretation Plan to be submitted and/or an element of interpretation to be included within the new development, i.e. an engraved plaque, or other element to the satisfaction of Council. Following satisfaction of these requirements, the property may be removed for the LGI and the Heritage Schedule.

Planning Applications for Non-Heritage Places within the Immediate Locality of a Heritage Area or Precinct

Where a property is located within or in the immediate locality of a heritage area or precinct, but does not have any heritage value in itself, redevelopment of that property will be subject to the lodgement of a planning application, which proposes demolition and a new development which addresses the requirements of this policy with regard to the Guidelines for Development within the Immediate Locality of Heritage Areas and Heritage Precincts to the satisfaction of Council.

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Summary of Delisting Process

Required Process for Delisting and Development

Individually Listed Heritage Property

Listed Property in Heritage Area or Precinct

Unlisted Property Within or Immediate Locality * of a Heritage Area or Precinct

Submit Heritage Assessment Report X X N/A

Peer Review Panel assessment and recommendation

Where required X N/A

Satisfaction of removal requirements X X N/A

Planning application for demolition X X X

Planning application for new dwelling N/A X X

Planning approval for demolition subject to archival record/interpretation plan and element

X X N/A

Planning approval for new building subject to compliance with Policy Design Guideline requirements for compatible development

N/A X X

TABLE 2

OTHER MATTERS

LEGAL AGREEMENTS

Heritage Agreements

The Town may, in accordance with the Heritage of Western Australia Act 1990, enter into a Heritage Agreement with an owner or occupier of land or a building for the purpose of providing for the conservation of the heritage place and binding the land or affecting the use of the land or building insofar as the interest of that owner or occupier permits.

Detailed provisions relating to Heritage Agreements are set out in the Heritage of Western Australia Act 1990. The principal purpose of a Heritage Agreement is to secure the long-term conservation of a heritage place.

A Heritage Agreement in accordance with the Heritage of Western Australia Act 1990 will normally be applicable to places included on the State Register of Heritage Places.

Local Heritage Contracts

Where the Town grants or supports planning concessions or other incentives to places not included on the State Register of Heritage Places, but included on the Heritage Schedule, a legally binding Local Heritage Contract to provide for the conservation of the heritage place may be required between the owner of the place and the Town. This Contract is to be prepared and registered on the Certificate of Title at the applicant’s expense.

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Council Owned or Managed Property

The Town will seek to lead by example by managing its own property in accordance with this policy.

INCENTIVES

The Town is committed to assisting owners to conserve heritage places wherever possible. The Town has developed a programme of incentives that it can offer to owners in return for the owner’s commitment to conservation of the heritage place.

Planning Incentives

The Town will consider relaxation or modification of planning requirements that would normally apply under TPS3 for places included on the Heritage Schedule, including but not limited to the following:

• Where the proposed development comprises a single storey addition that will not be visible from the primary street the heritage application fee will be waived.

• Council will allow a variation of up to 30% increase in the site coverage requirements for single storey additions.

• Consideration of clause 53 of TPS3 “Bonus Densities”. This clause enables Council to award a higher residential density to a place in a split coded area on the Heritage Schedule where the owner enters into a Local Heritage Contract or Heritage Agreement with the Council ensuring that the place is conserved and maintained to Council’s satisfaction.

Non Financial Assistance

• Owners of places on the Heritage Schedule may seek professional advice and guidance involving proposed development and conservation from the Town’s Heritage Officer.

Financial Assistance

• Civic Design Awards; Council seeks to publicly recognise examples of best practice in heritage conservation and urban design. Owners of award winning places are presented with a plaque and receive a once off rate rebate that reflects the minimum ‘general rate’ of that financial year to mark their commitment to heritage conservation.

• Maintenance Grant; Council recognises that in some circumstances an owner may not have the financial resources to properly maintain a heritage place. Council will consider an annual budget allocation for the purpose of this grant. Where an owner can provide suitable justification for the grant, indicating that a lack of maintenance may result in the deterioration of heritage features of a heritage place, they may apply for a grant from Council for the partial contribution to the cost of improving the maintenance standard of the place. The agreed contribution to the maintenance of the heritage place will be at the complete discretion of the Council.

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DESIGN GUIDELINES FOR HERITAGE PLACES, HERITAGE AREAS AND HERITAGE PRECINCTS

GUIDELINES FOR RESTORATION AND ALTERATIONS

• Original materials should be retained and conserved. For example, existing face brick should be retained unpainted, timber joinery should not be replaced with metal famed windows and roof materials should be retained as existing. Where material requires replacement, the policy of replacing ‘like for like’ shall be applied. Where there is evidence that fabric is not original, another material may be used provided it is appropriate to the heritage significance of the building.

• Original internal and external significant heritage features should be retained, including but not limited to original fireplaces and chimneys; verandahs and verandah posts; awnings; decorative cornices, mouldings and friezes; architraving; and sills. The repair of significant heritage elements should be, where possible, ‘like for like’ authentic restoration to original detail.

• Original front elevations should maintain their form wherever possible, with original door and window openings being retained and no additional openings being formed.

• Intrusive finishes and elements where they conceal or negatively impact upon the heritage significance of a building may be removed.

• Work that can be reversed in the future is desirable. Work that cannot be reversed may be supported, provided the heritage significance of the building is not compromised.

• The Town encourages the reuse of any material salvaged from any demolition of the original building to be kept for reuse on the site either for repair of the building or interpretation.

• Where internal and external walls are removed, where possible, the Town encourages the renovation to include some element to indicate the original layout of the building.

• Replacement downpipes and gutters should be metal and where possible match original profiles.

• Where an original roof is clad with corrugated iron, this may be replaced with zincalume or Colourbond in a matching profile and approved colour.

• Where there is evidence of original colours through existing fabric, paint scrapes or similar, these should be incorporated in the new colour scheme. Full authentic restoration of original colour schemes is not intended or required, however a new colour scheme should be sympathetic to the heritage significance of the place.

GUIDELINES FOR ADDITIONS

Scale and Proportion

• Additions shall be designed to complement the scale and proportion of the existing building, which shall remain the dominant structure on the site when viewed from the primary street.

• Additions within the immediate locality of a heritage area or precinct shall be designed to be compatible with the scale and proportion of surrounding development in the immediate locality and of the streetscape generally. Where that surrounding development is single storey, additions should preserve the single storey presentation to the street.

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Form and Location of Additions

Residential • Where possible, additions should be designed to appear as single storey and not visible from

the primary street. • No additions to existing buildings may be constructed in the front setback other than an

open carport with no garage door fitted. • An addition to the side of an existing building shall be set back a minimum of 1.2m from the

main facade of the original residence, excluding the width of the verandah or porch. • Additions that take the form of a pavilion linked to the original building are encouraged as

they have the least impact on the fabric of the original building.

Commercial

• The form of any addition should respond to the scale, site and proportion of the existing building.

• No additions to existing buildings should be constructed forward of the front setback of the existing building.

• Additions that take the form of a pavilion or additional floors built above a podium linked to the original building are encouraged because they have the least impact on the fabric of the original building.

Upper Storey Additions

Residential

• A second storey addition should be constructed behind the existing building where possible. • A second storey addition shall be designed to avoid having an overpowering impact on

neighbours, the streetscape or the original form and fabric of the building. • Double storey additions contained within the roof space are encouraged provided

alterations to the roof form and pitch do not distort the appearance of the original building when viewed from the street.

(Other than an open carport with no garage door fitted)

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• Linked pavilions may be double storey provided that they are contained within the site line of a person standing on the opposite side of the street.

• Additions over the original building will only be permitted where the front two thirds of the building are retained in their original form and where the addition is not visible from the site line of a person standing on the opposite side of the street. Generally this will only apply to buildings that have a complex floor plan comprising more than four original rooms. For simple four roomed buildings double storey additions should be located behind the original building.

• Notwithstanding these requirements, as all buildings are different, Council shall have regard to the manner in which the design of a second storey addition is resolved and shall ensure that the integrity of the roof form of the original building is not compromised by the design of the additions.

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Commercial

• Upper floor additions should be located behind the front setback area to reduce the human scale impact of the proposed development when viewed from the street.

• Upper floor additions should be constructed above the base development in the form of multiple floors above a podium.

Roof Forms

• Additions should complement or respond to the roof form of the existing building. Generally the roof pitch should match the pitch of the existing roof. The form of the roof of the addition should be similar to the roof of the original building in terms of form scale and proportions. Commercial roof forms with a low pitch may be obscured from the primary street view by a parapet.

• In some instances a different roof form or pitch may be approved if the applicant provides justification for this in the context of the significance of the building and provided the roof form is compatible with the streetscape. The Town supports good innovative design and recognises that in some instances different roof forms may be appropriate for an addition to an existing building. For example a parapet concealing a flat roof may be approved for an addition at the rear of the existing building where it can be demonstrated that there is no detrimental visual effect on the existing building or the streetscape.

Materials and Colours

• Additions may be constructed of materials that match the original building, or provide a respectful contrast that distinguishes new work from old. For example rendered brick may be chosen for additions to a face brick building, or steel frame clad with Colorbond may be chosen for the additions to a timber framed, weatherboard clad building. Where materials match the original, the design and form of the building and/or features should provide the necessary evidence to distinguish new work from old.

• Cladding to roofs that form part of an addition which is not constructed as a pavilion extension should generally match the roof cladding of the existing building.

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• Paint schemes should be complementary to the existing building.

GUIDELINES FOR GARAGES AND CARPORTS

• Carports or garages should not visually dominate the original building or obscure the original front door or main entrance as viewed from the street.

• Where possible, back lanes should be used for access to garages, carports or parking areas to reduce their impact on views of the building from the street and on the streetscape itself.

• Garages or carports may be constructed to match the style of the existing building or in a style that is compatible with the original. Simple contemporary designs will be encouraged.

• Where possible the overall width of carports or garages should be restricted to 6m overall or 35% of the frontage of the lot, whichever is the lesser.

• Where possible, garages or carports should be set back a distance of 1.2m behind the building line in the same manner as additions.

• Where there is no viable alternative, carports without garage doors may be constructed within the front setback but extreme care must be taken to ensure that the design of the structure is sympathetic to the building and is not visually dominant.

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GUIDELINES FOR SERVICES AND NEW TECHNOLOGIES

• Changes to cater for air conditioning, solar collectors, communication devices and the like, together with electrical wiring, cabling, plumbing or other services should be installed to ensure that they are fixed as discreetly as possible without damaging the existing significant heritage fabric.

• Chasing of wiring or cabling into existing walls is not generally appropriate. Where possible, cavities should be used for service lines and ductwork. Exhaust vents, skylights, air conditioning ducts and units, solar panel collectors, TV antennae and satellite dishes and the like should not be located on the primary elevation of the building, nor attached to chimneys or other roof features where they will be visually obvious from the public domain.

• Services on secondary elevations should be located or screened appropriately to reduce their visual impact.

• Where penetrations through significant heritage fabric cannot be avoided, they should be minimised in terms of both dimensions and number of openings and finished as neatly as possible.

• Penetrations should never be made through decorative elements such as friezes, cornices or vents.

GUIDELINES FOR BOUNDARY FENCES AND HEDGES

Hedges

• Hedges on the street boundary are encouraged and, where these exist, they should be retained wherever possible.

• Where evidence of an original front boundary hedge exists, owners should be encouraged to reinstate the hedge.

Front Fences

Front fences to heritage places shall meet the following requirements:

• Where an original front fence remains, this should be retained and restored or if a new fence is required, this should match the detail of the original fence as closely as possible.

• Fences should be designed to complement the design of the heritage place, area or precinct. • Fences may be based on examples seen in historic photographs of the Claremont area or be

contemporary in design. • Fences should be limited in height to 1.2m. • Timber pickets or panels and low brick, stone or rendered fences are preferred for fences to

1.2m. • Fences above 1.2m in height should be designed to be visually permeable, to allow the

building behind to be viewed from the street. • Where fences are above 1.2m and include piers these should be brick, stone or rendered

and should be complimentary to the heritage value of the existing building and/or streetscape. Infill panels should be vertical timber or metal.

• Fences should be limited to a maximum height of 1.8m not including the height of piers that may be up to 2.1m to the top of the capping.

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• Full height 1.8m solid fencing is not supported under this policy as they can change the heritage value of the streetscape and limit the views to heritage places. Only in exceptional circumstances will Council consider variations to this requirement.

Secondary Street Fences

• Other fence styles for secondary street fences will be considered provided they are designed in a manner that is in keeping with the existing building.

GUIDELINES FOR DEVELOPMENT WITHIN THE IMMEDIATE LOCALITY OF HERITAGE AREAS AND HERITAGE PRECINCTS

These guidelines apply to any development that is within the immediate locality of a heritage area or precinct, meaning all development within the boundaries of a heritage area or precinct, across the road from, or adjoining the side boundaries of a property listed in a heritage area or precinct. They may also apply to any other place the Town considers to have a potential impact on a heritage area or precinct. They are designed to ensure that the significance of a heritage area or precinct is not adversely affected by new development.

Design

• New development should not detract from the heritage significance of the existing heritage area or precinct.

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• New buildings and structures may be designed in a contemporary style provided they are harmonious with the existing heritage area or precinct.

• The design should respect the materials, scale and proportions of the features of existing buildings without mimicking or copying historical details or styles.

Building Materials, Colours and Finishes

• Materials, colours and finishes of new buildings and structures should take reference from and enhance the character of the existing heritage area or precinct without visually dominating the streetscape.

Roof Pitch and Form

• Roof pitch and forms should take reference from the heritage area or precinct, unless it can be demonstrated that the alternative roof form proposed does not detract from the heritage significance of the area or precinct.

Provision of a Verandah, Porch, Balcony or Awning to the Street Elevation

• Verandahs, porches, balconies and awnings to new buildings should be designed to take reference from heritage buildings within the heritage area or precinct. The design should respect the materials, scale and proportions of the features of existing buildings without mimicking or copying historical details.

• Where these features are a dominant feature of a heritage area or precinct, development should be designed to continue the existing form and line to the street.

Fencing Style and Material

• Front fences should complement the design of buildings within the heritage area or precinct. • Fences should be designed with reference to the original dominant fence style within a

heritage area or precinct. • Fencing style and materials should not mimic or replicate heritage fencing in the heritage

area or precinct but rather be reflective of the style of the new development.

Location of Garages or Carports

• Carports or garages should not visually dominate the streetscape and be simple in design. • Where possible, back lanes should be used for access to garages, carports or parking areas

to reduce their impact on views of the building from the street and on the streetscape itself. • Where possible, garages or carports should be set back a distance of 1.2m behind the

building line in the same manner as additions. • Open carports may be constructed forward of the main dwelling where no garage door is

erected. • Garages should not be constructed forward of the main dwelling.

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Setbacks

• New buildings should match the setback of the houses on either side of the subject property. Where the front setbacks of the two adjoining buildings vary, the setback of the proposed development should be approximately midway between those of the adjoining buildings.

• Boundary walls adjoining heritage places are discouraged.

Scale and Proportion

• New buildings should not dominate or have an overpowering impact on the buildings within the area or precinct.

• New development should have comparable scale and proportion to the heritage places within the area or precinct as viewed from the street.

• Uncharacteristic, one-off examples of buildings already occurring in the immediate locality of a heritage area or precinct will not be considered in the streetscape assessment (i.e. single buildings of excessive bulk, scale or height).

ADDITIONAL CONSIDERATIONS FOR COMMERCIAL BUILDINGS

For all heritage listed commercial buildings the following additional matters will be considered in determining a planning application.

Shop Fronts

Where original shopfronts remain:

• Elements dating from original or early shopfronts should be retained and conserved. • Original shop-fronts should be reinstated to accord with documentary evidence of the

original

Street Facades

• It is common for commercial buildings to have substantial alterations at ground level to allow for increased display potential and accessibility. Where this has occurred the Council encourages the reinstatement of original form, symmetry and detailing of facades.

• Original street front facades are to be retained at both ground and upper floor levels.

Parapets

• Existing original parapets are to be retained. • Reinstatement of missing historical parapets on heritage buildings as evidenced in historical

documentary evidence is encouraged.

Verandahs and Awnings

• Existing original verandahs and awnings are to be retained where possible. • Where practical, reinstatement of missing original verandahs and awnings as evidenced in

historical documentary evidence is encouraged.

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Signage

• New signage should not be visually dominant, obstruct key features of heritage buildings or detract from the visual appreciation of the place or precinct.

• Where new signage is being applied to heritage buildings it should be located on elements of the building traditionally used for signage.

• The colours and materials used for signage should complement the form of the heritage building and surrounding streetscape.

• Signage should be kept to a reasonable minimum when applied to heritage buildings. • In addition to the objectives outlined above, all signage needs to take into consideration the

Town’s Local Law Relating to Signs and Signage Policy.

GLOSSARY

Archival Record is a document containing drawing, photographs, written and electronic information prepared in order to record the state of a place at a given time, usually prior to demolition or major change. Archival records should be prepared in accordance with the State Heritage Office’s (SHO) Guide to Preparing an Archival Record. A link to this document can be found on the Town of Claremont website and is available on the SHO website.

Adaptation means modifying a place to suit an existing use or proposed use.

Burra Charter means the Australian ICOMOS Charter for the Conservation of Places of Cultural Heritage Significance 2013. The Charter has been generally accepted as the standard for heritage practitioners in Australia. The broad concept of conservation for heritage places in the Charter is to "do as much as necessary to care for the place and to make it useable, but otherwise change it as little as possible so that its heritage significance is retained.”

Conservation means the management of a place in a manner that will enable its cultural heritage significance to be retained and yield the greatest sustainable benefit for the present community without diminishing the heritage significance of that place. It includes the preservation, stabilisation, protection, restoration, reconstruction, adaptation, and maintenance of a place.

Conservation Plan (also known as a Conservation Management Plan). A Conservation Management Plan is the principal guiding document for the conservation and management of a heritage place. The Conservation Management Plan should include information on the assessment of the place’s heritage significance and clear and justifiable policies and actions to guide future sustainable development of the place. Conservation Plans should be developed in accordance with the to the SHO’s Conservation Management Plan Standard Brief. This information is available on the SHO website. Conservation Strategy (also known as a Conservation Management Strategy). Is a practical guide for the maintenance and conservation of a heritage place. It should contain an assessment of the building’s condition and a schedule of maintenance and conservation works. A Conservation Strategy should be developed in accordance with the to the SHO’s Conservation Management Strategy Brief. This information is available on the SHO website Cultural Heritage Significance means the relative heritage value of a place in terms of its aesthetic, historic, scientific or social significance for the present community and future generations.

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Heritage Agreement means an agreement entered into pursuant to section 29 of the Heritage of Western Australia Act 1990. It is a legal contract between a landholder and the State to manage an area of private land in such a way as to protect its high conservation value. The agreement is registered on the property title and may cover part or all of a property.

Heritage Area means an area which exhibit specialised qualities, such as common architectural styles, periods of construction or historical significance.

Heritage Assessment means a systematic assessment that describes a place and its setting and states its significant with reference to its nature and degree of significance, condition, integrity and authenticity. Heritage assessments should be undertaken in accordance with the State Heritage Office’s Assessment Criteria for Cultural Heritage Significance guidelines. This information is available on the SHO website.

Heritage Impact Statement means a report that evaluates the likely impact of a proposed development on the significance of a heritage place and its setting, or on the area within which it is situated. The report may also outline measures by which any detrimental impact may be minimised. The Heritage Impact Statement should address:

• How will the proposed works affect the significance of the place? • What alternatives have been considered to ameliorate any adverse impacts? • Will the proposal result in any heritage conservation benefits that may offset any adverse

impacts? Heritage impact statements should be prepared in accordance with the State Heritage Office’s Guide. This information is available on the State Heritage Office website.

Heritage Place means a building, structure, site, area of land or other physical element valued for its heritage significance, together with associated contents and surrounds.

Heritage Precinct means groups of nineteenth and twentieth century commercial buildings which are both aesthetically and historically significant as examples of the changing development in commercial premises and the business districts that have developed along the railway line between Perth and Fremantle.

Immediate Locality of a Heritage Area or Precinct means any property within the boundaries of a heritage area or precinct; across the road from or adjoining the side boundaries of a property listed in a heritage area or precinct; or any other place otherwise considered by the Town to have a potential impact on a heritage area or precinct.

Interpretation means all the ways of presenting the significance of a heritage place. Interpretation can include the use of colour, lighting, furnishings, historic material or signage or a combination of these to tell the story of a heritage place.

Interpretation Plan is a document that explains the ways in which a place could be interpreted. Interpretation Plans should aim to increase both our understanding and our enjoyment of heritage places.

Local Heritage Contract means a contract between the owners of a heritage place and the local authority undertaken on a voluntary basis by the owners in return for planning concessions or a rate rebate agreed to by the local authority. The agreement binds the current owner to a set of conservation conditions in return for identified and agreed compensating benefits.

New Technologies includes solar collectors, hot water systems, air conditioning units and communication devices and the like.

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Peer Review Panel means a panel appointed by the Town to review the assessment category of a heritage building. The panel will consist of a chairman, the Town’s heritage consultant, the applicant’s heritage consultant and a further heritage consultant. The panel’s role is to make a recommendation on the review of a heritage classification of a place to Council.

Structural Condition Assessment means a report prepared by a registered structural engineer with demonstrated heritage experience that assesses the structural state of a building or element.


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13.1.2 LOT 25 (15) LAPSLEY ROAD, CLAREMONT – PROPOSED TWO STOREY DWELLING

File Ref: A-2356/DA2015.00140 Attachments – Public: Location Map and Submission Plan

Photographs Attachments – Restricted: Plans Submission Responsible Officer: David Vinicombe

Executive Manager Planning and Development Author: Nick Bakker

Senior Planner Proposed Meeting Date: 3 November 2015

Date Prepared: 21 October 2015

Property Owner: Michael and Trudy Chapple

Submitted By: Lisa Warole – Coastview Australia Pty Ltd

Lot No.: 25

Area of Lot: 754m2

Zoning: Residential

Financial Implications: Nil

Enabling Legislation: Planning and Development Act 2005 (PDA) Town Planning Scheme No. 3 (TPS3) Residential Design Codes (RDC) Fencing Local Law (FLL) Local Law Relating to Signage (LLRS)

Summary • Application for planning approval received for a two storey dwelling at 15

Lapsley Road, Claremont.

• The development proposed access from the primary street in lieu of an alternate access point at the rear of the property (Henshaw Lane) as required by clause 36(6) of TPS3.

• Nine neighbours were consulted and one submission was received requiring consideration of amenity impacts from a stairway window.

• The application was initially recommended for refusal under Council’s delegation processes as the applicant was not prepared to make modifications to the plan to bring the proposal into compliance with clause 36(6).

• Other options to support the proposal have been considered as part of this report.


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• It is recommended that a pragmatic approach be taken and that Council approval the application with a condition requiring subdivision within a five year period.

Purpose The application proposes a two storey dwelling on the subject site with direct access to Lapsley Road. The application requires Council’s determination due to the item being called up by an Elected Member of Council following a recommendation of refusal under delegated authority (DA22) as the proposal does not comply with clause 36(6) of TPS3.

Background The following table outlines key dates regarding this proposal:

Date Item/Outcome 14 September 2015 Planning Application received by Council. 16 September 2015 Application undergoes internal DCU assessment. 16 September 2015 Applicant advised of non-compliance with TPS3 clause 36(6). 30 September 2015 Additional information received from applicant. 2 October 2015 Application recommended for refusal under delegation.

5 October 2015 Application called up by an Elected Member for to full Council consideration.

7 October 2015 Advertising commenced. 21 October 2015 Advertising closed. 21 October 2015 Report prepared for Council.

Past Resolutions Nil

Heritage The property is not listed on the Town's Heritage Schedule.

Consultation All relevant surrounding land owners were consulted and given opportunity to view the plans and comment on the proposal. In total nine neighbours were consulted and one comment was received in relation to the west facing staircase. The neighbouring owners of 17 Lapsley Road are concerned that the window will over look their property and have requested that the window be obscure glazed. This matter is addressed below. It is noted that no objections were raised in regard to the proposed access to Lapsley Road.

Discussion Compliance The development complies with the all provisions of TPS3, the Residential design Codes and Council Policy with the exception of the following:


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Privacy The window of concern to the western neighbour is for a stairwell and landing. While the window is to a room classified as non-habitable under the RDC and no privacy setbacks apply (and is therefore compliant with the privacy requirements of the RDC), Council’s Residential Amenity Policy LV129 provides for the consideration of the amenity impacts of this window on the adjoining property owner. In this instance, the window will provide for overlooking of major openings to habitable room windows on the adjoining property. While these windows have blinds, the provision of obscure glazing to the stairway window would provide an improved amenity outcome for the neighbour. If Council approves this application, it is recommended that a condition be included which requires the provision of obscure glazing to the stairway window. Vehicular access Clause 36(6) of TPS3 controls the location of vehicular access to the site as follows: “Council will not support the provision of onsite parking at the front of a property where a practical alternative vehicular access point exists, such as to a secondary street, rear laneway or similar. To enable rear laneways to be utilised, Council may consider a reduced front setback for the dwelling where rear private open space is significantly compromised, under the provisions of Clause 1.5.8(a) of the Residential Planning Codes relating to the averaging of the front setback distance.” The garage of the two storey dwelling proposes access from the primary street (Lapsley Road) in lieu of an alternative e access point at the rear of the property (Henshaw Lane). The applicant has provided the following justification as to why Henshaw Lane is an impractical access point: “1. The planning guideline says ‘where practical alternative vehicular access point

exists’. Given the design of the proposed home, having the garage at the rear of the home would mean the clients would have to walk 25m to the nearest access point of the home. A garage to the rear will either result in the garage not connected to the house or a long driveway compromising the use of the rear of the lot. This is both impractical and poor design given our clients’ needs in retirement.

2. The clients have installed a lift on the home so obviously efficient access and movement throughout the home is a concern. So we advise that parking at the rear is not a practical alternative for our client, given their compromised mobility going forward.

3. Every house on the street has a crossover/driveway to the Lapsley Road and therefore our development will have no impact on the streetscape. In fact the proposed garage will maintain a consistent streetscape.

4. The owner wishes to have the option of subdividing the lot in the future which would require access being provided from Lapsley Road.

5. The yard faces north, so having the garage at the rear compromises the northern aspect of the lot.

6. The insistence on rear access effectively precludes future subdivision. This is unfair and unreasonable and, therefore, impractical.”


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In response to the applicant’s justification, it is considered that Henshaw Lane is a practical access point as required by clause 36(6), as: a) Henshaw Lane is a dedicated road constructed to standard road specification.

This includes drainage, kerbing and bituminisation of the roadway to the same standard as any other public road. A dedicated road is significantly different to a right-of-way, which is only required to be maintained to the minimum trafficable standard.

b) There is sufficient space on the lot to accommodate a garage and a reasonable sized outdoor living area.

c) There are no topographical or physical constraints which would prevent or hinder the use of Henshaw Lane as a means a vehicular access.

d) Compliance with clause 36(6) at this point would not prevent future subdivision and provision of legal access and parking from Lapsley Road.

e) Given the separation between the dwelling and a rear garage structure, the Town would entertain the provision of a covered walkway between the two structures to provide adequate weather protection or for the garage to be integrated with the dwelling, provided access is gained from the rear of the property.

f) Legal advice and a previous State Administrative Tribunal (SAT) ruling (Alcock v Town of Claremont for 26 Goldsmith Road) determined that personal circumstances (e.g. mobility), design considerations (e.g. separation from the dwelling) and streetscape considerations are not relevant in determining whether the alternative access point is practical; “...the Tribunal considers that the very purpose of cl.36(6) is to affect design and site layout where a practical alternative access point exists. It explicitly precludes onsite parking at the front of the property and implicitly excludes driveways and crossovers at the front of the property where a practical alternative access point exists”. The SAT member concluded that “personal preferences of landowners should not defeat a broader public interest in orderly and proper planning”.

g) Whilst it is acknowledged that the applicant has raised practical impacts on the owner in support of the proposal, these practicalities do not directly relate to practical vehicle access as required by TPS3.

From the technical point of view, access from Henshaw Lane is clearly practical as detailed above. The intent of clause 36(6) is to reduce the parking impacts of development on the primary street frontages where a practical alternative access exists. If Council decides that Henshaw Lane is a practical access point, then the development does not comply with clause 36(6) of TPS3 and must be refused as there is insufficient discretion to vary this requirement relative to consideration of other practicalities. However, if the Council considers Henshaw Lane provides impractical access, the development in its current form could be approved. In doing so, such a decision would be contrary to the former 26 Goldsmith Road SAT decision and it may establish an undesirable precedent for what the Council considers ‘practical access’ and impact on future Council decisions and future SAT considerations.


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It is noted however that Council has determined on a number of occasions that practical access may take into account a number of other circumstances which applied to the following applications: • 49a and 55 Goldsworthy Road - Council determined the narrow 3.4m width of

the rear Right of Way (ROW) resulted in significant intrusion into the rear setback area rendering an impractical impact on the only private outdoor spaces and impractical manoeuvring to and from the garage.

• 19 Wood Street - Access from the secondary street (the busier Servetus Street), with a requirement for vehicle manoeuvring to be contained on site in accordance with clause 42(2) of TPS3, resulted in an impractical access arrangements where the entire rear yard area would be devoted to parking, driveway and turn-around area.

• 15A Otway Street - Council determined that rear access and manoeuvring on site had an impractical impact on the development of the rear yard area.

Council initiated an amendment to clause 36(6) as part of a suite of amendments to the residential provisions of TPS3 on 4 August 2015. The amendment, which is presently progressing to advertising, proposes that clause 36(6) be strengthened to address a number of interpretation queries which were raised in the 26 Goldsmith Road SAT case as follows: “The provision or use of: (a) A car parking area (whether a garage, carport or dedicated uncovered area) at

the front of a property; and (b) Any crossover from the primary street,

will not be permitted by a development approval where a practical alternative vehicle access point exists (such as from a secondary street, rear laneway or similar). This prohibition will apply notwithstanding a proposed development involves the use of a pre-existing crossover from the primary street, except where the proposed development: (a) Is considered by the Council to be a renovation of an existing dwelling

which retains the pre-existing car parking area without facilitating additional car parking, and provided the requirement to remove the crossover and provide an alternative car parking area is considered by the Council to be unreasonable; or

(b) Involves only the upgrading of an existing car parking area, provided that the proposed upgrading does not facilitate any additional car parking.

To facilitate the use of rear laneways or similar practical alternative access points, the Council may consider approving a reduced front setback for the dwelling where private open space to the rear would be significantly compromised by the requirements of this clause, having regard to the applicable design principles of the Residential Design Codes.”

It is noted that the clause and amendment does not contemplate subdivision potential of a property as a relevant issue for consideration of practical access arrangements. Should Council wish to support this application, it would be appropriate to consider


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inclusion of subdivision potential as a practical consideration as part of the proposed clause when the amendment is referred back to Council following advertising. Alternative Options In order to facilitate an approval for the proposed development, a number of alternative options have been considered and discussed with the applicant to overcome the clause 36(6) restrictions. These options include temporary use of the garage fronting Lapsley Road for storage and construction of a garage off Henshaw Lane, subdivision inclusive of a legal agreement to ensure subdivision occurs within a finite timeframe and modification of the development to two grouped dwellings with each dwelling gaining access off each road. These options are detailed below: a) New garage constructed fronting Henshaw Lane with the proposed garage

fronting Lapsley Road being used for storage. In order to comply with clause 36(6), the Town advised the applicant that the plans should be modified to include the following:

• Remove the front driveway (and existing crossover).

• Continue front fencing across the entire width of the front boundary (or delete front fencing entirely).

• Incorporate a temporary façade to the garage at the front of the dwelling so that it can only be used for storage, but is easily convertible at future subdivision stage. The temporary facade must be sympathetic to the remainder of the dwelling.

The applicant wished to maintain the facade of the garage, driveway and crossover, and has therefore declined to modify the plans in accordance with the above.

b) Subdivision to create a new lot at the rear Lapsley Road fronting Henshaw Lane. Subdivision at this point would however create a significant financial burden on the applicant in the payment of rates for the two properties until such time as the rear lot is sold, but would allow for the additional property to be used as part of the current development proposal. A condition requiring subdivision to occur within 12 months of a Building Permit is a common condition that may be applied to a planning approval. This involves the applicant entering into a legal agreement which is registered as an absolute caveat on the Certificate of Title (at the applicant’s cost) with Council to ensure subdivision occurs within the prescribed period. These agreements provide Council with power of attorney to facilitate the subdivision at the applicant’s cost should they not progress the subdivision. Given the applicant’s long term intention to subdivide the property, an option would be to apply a modified condition of this nature to require subdivision to occur within a period of five years. A minor variation on this proposal would allow for a relaxation of the requirement should Amendment No. 132 to TPS3 be amended to provide for consideration of subdivision potential as a practical consideration when finalising the amendment to clause 36(6) as detailed above.


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c) Conversion of the application to two grouped dwellings with each dwelling obtaining access from each road. The approval could provide for a staged development of the site over a number of years.

These options have been discussed with the applicants; however they are reluctant to agree to them at this point and would prefer an unconstrained approval. Options b) and c) are considered pragmatic alternatives to a refusal of the development. Whilst a complex conditional approval could be recommended to facilitate both options, option c) would require submission of revised plans and an undetermined (at this stage) suite of conditions pertaining to that form of development, so is therefore not proposed at this time. It is therefore considered that the development should be either refused as per the delegated report to Council on 2 October, or that an approval which recognises future subdivision potential and a possible further modification to clause 36(6) as part of the Amendment No. 132 processes be supported as a pragmatic compromise solution which recognises both the applicant’s long term subdivision aspirations and protects the integrity of the clause and TPS3. An approval without a condition to justify the pragmatic access solution would seriously compromise the Town in future decisions and SAT reviews relative to clause 36(6). Refusal will most likely result in an application for SAT review. While it is likely that a SAT review would rely heavily on the former 26 Goldsmith Road decision and result in the refusal being upheld, the process of review requiring initial mediation would most likely examine the issue of subdivision potential as a practical access consideration. Given Council’s initiation of Amendment No. 132, and also given that it would be reasonable to consider subdivision potential as a practical access consideration in finalising the amendment documentation, it is recommended that the pragmatic approach be taken to approve the development with a condition requiring subdivision within five years.


OFFICER RECOMMENDATION THAT Council approve the application for a proposed Two Storey Dwelling at Lot 25 (15) Lapsley Road, Claremont subject to the following conditions: 1. The applicant is to enter into a legal agreement with the Town of

Claremont to provide for the subdivision of Lot 25 into two lots facing Lapsley Road and Henshaw Lane within a period of five years to the satisfaction of the Town of Claremont. The agreement is to be prepared by Council’s solicitors at the cost of the applicant and is to be registered as an Absolute Caveat on the Certificate of Title for Lot 25. The agreement is to contain a clause which allows for the Town of Claremont to relax this requirement should Amendment No. 132 to Town Planning Scheme No. 3 be modified following consideration of public submissions to recognise current subdivision potential as a practical access consideration under Clause 36(6) of the Scheme.


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2. Provision of obscure glazing to the stairwell window to prevent overlooking of the major openings of the dwelling to the west to the satisfaction of the Town of Claremont.

3. All storm water is to be retained on the site. Details are to be provided on the application for Building Permit.

4. All fencing within the primary street setback is to be a maximum 1.2m high. Fencing within this setback over 1.2m is not to be constructed without prior approval of the Town of Claremont.

5. Fencing on top of the retaining wall to the western side boundary to be raised to a height of 1.8m above the retaining wall height to the satisfaction of the Town of Claremont.

5. No building, wall, fence or landscaping greater than 0.75 metres in height, relative to the verge or footpath, is to be constructed within 1.5 metres of a vehicular access way unless such wall or fence is constructed with a 1.5 metre truncation where the driveway intersects a footpath.

6. The primary street fence is to be visually permeable as defined by the Residential Design Codes between the heights of 0.9 metres and 1.8 metres.

7. Vehicle access is to be designed in such a manner as to prevent storm water entering the property from the road and footpath.

8. The boundary wall and retaining walls are to be finished to the satisfaction of the adjoining landowners. In the event that an agreement cannot be reached the wall is to be finished to the satisfaction of the Town of Claremont.

9. The external materials and colour finishes of the development are to be to a standard such that it complies with the requirements of Clauses 76 and 77 of the Town of Claremont Town Planning Scheme 3, to the satisfaction of the Town of Claremont.

10. This approval is valid only if the development is commenced within 24 months of the date of approval.

Advice Notes: (i) This is a Planning Approval only and a Building Permit must be obtained

from the Local Government prior to the commencement of any building works. Permits for non-residential development MUST be certified prior to submission;

(ii) A Demolition Permit must be obtained from the Town’s Building Services prior to commencement of any demolition works. The Town accepts certified and uncertified Demolition Permits.

(iii) A separate crossover application MUST be submitted to the Town for approval prior to construction of crossover. Refer to Town of Claremont website (Infrastructure) for crossover standards and application form.

(iv) This property is listed on the Town of Claremont's Heritage Schedule and/or the Heritage Council of Western Australia's Register of Heritage Places. Any future alteration to the building or development on the land


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requires planning approval and the application may be referred to the Heritage Council.

(v) The applicant/owner is advised to liaise with the adjoining landowners where trees, vegetation, dividing fences or other structures may be affected due to work on, or near the property boundaries;

(vi) In relation to condition 4, the applicant is advised the definition of Visually Permeable as prescribed in the Residential Design Codes is as follows: In reference to a wall, gate, door or fence that the vertical surface has:

• Continuous vertical or horizontal gaps of 50mm or greater width occupying not less than one third of the total surface area;

• Continuous vertical or horizontal gaps less than 50mm in width, occupying at least one half of the total surface area in aggregate; or

• A surface offering equal or lesser obstruction to view; as viewed directly from the street.

(vii) The applicant/owner is advised of the following health requirements from the Town’s Health Services. Should any advice be unclear, please contact the Town’s Health Services on 9285 4300: a) All plant and machinery (such as air conditioners and pool pumps)

must be suitably located and/or sound proofed to comply with the requirements of the Environmental Protection (Noise) Regulations 1997;

b) Under the Environmental Protection (Noise) Regulations 1997, no construction work is to be permitted or suffered to be carried out: (a) Before 7.00am or after 7.00pm Monday to Saturday inclusive; or (b) On a Sunday or on a public holiday.

c) The applicant is required to remove any hazardous materials encountered during construction/demolition at their own expense and in accordance with the Code of Practice on Safe Removal of Asbestos [NOHSC: 2002(2005)] as stipulated by the Occupational Health and Safety Regulations 1996, and disposed of in accordance with the Health (Asbestos) Regulations 1992 and the Environmental Protection (Controlled Waste) Regulations 2004.

(viii) If an applicant is aggrieved by this determination, a right of review may exist under the Planning and Development Act 2005. An application for review must be lodged with the State Administrative Tribunal www.sat.justice.wa.gov.au within 28 days of this determination.


LOT 25 (15) LAPSLEY ROAD, CLAREMONT – PROPOSED TWO STOREY DWELLING

LOCATION MAP AND SUBMISSIONS

03 NOVEMBER 2015


PAGES 1

Lot 25 (15) Lapsley Road, Claremont

General Location: Lot 25 (15) Lapsley Road, Claremont (Source WhereiS.com)

Local Location: Lot 25 (15) Lapsley Road, Claremont

SUBMISSIONS RECEIVED REGARDING Lot 25 (15) Lapsley Road, Claremont

(Subject lot in black)

OBJ indicates a submission of OBJECTION was received. SUP indicates a submission of SUPPORT was received. CON indicates a submission of CONCERN was received.

NR indicates a submission was not received

ORDINARY COUNCIL MEETING – 3 NOVEMBER 2015

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development site

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LOT 25 (15) LAPSLEY ROAD, CLAREMONT – PROPOSED TWO STOREY DWELLING

PHOTOGRAPHS

03 NOVEMBER 2015


PAGES 2



ORDINARY COUNCIL MEETING – 3 NOVEMBER 2015

Henshaw Lane at rear of 15 Lapsley Road

View to 15 Lapsley Road, from Henshaw Lane


Page 26

13.2 CORPORATE AND GOVERNANCE

13.2.1 MONTHLY STATEMENT OF FINANCIAL ACTIVITY FOR THE PERIOD ENDING 30 SEPTEMBER 2015

File Ref: FIM/0062-02 Attachments: Statement of Financial Activity for period ending

30 September 2015 Infrastructure Assets – 2015-16 Schedule of Works

Responsible Officer: Les Crichton Executive Manager Corporate and Governance

Author: Hitesh Hans Finance Manager

Proposed Meeting Date: 3 November 2015

Purpose Report presents the Statement of Financial Activity for the month ending 30 September 2015. The Annual Revised Budget column within the statements incorporates all the carry forwards and budget amendments approved by Council since adoption of 2014-15 Budget in June 2015.

Background The Monthly Financial Report is presented in accordance with the Local Government Act 1995 and Local Government (Financial Management) Regulations 1996.

Discussion The Financial Statements to 30 September 2015 represent the first quarter of operation within the 2015-16 financial year. The closing surplus of $12,399,536 compares favourably against the budgeted surplus of $11,805,437. The $594,099 variance is comprised of operating revenue and expenditure $29,894 and $317,704 under budget respectively, capital works $320,289 under year to date (YTD) forecast, and non-operating (capital) income under $14,000. Details of each

Operating revenue - $29,894 under budget • $91,251 decrease in rates revenue is mainly due interim reduction of

property valuations pending redevelopment. • $49,790 increase in interest is due to the timing against budget forecasts

for instalment interest on rates together with higher interest earnings derived from investment holdings.

Operating expenditure - $317,704 under budget • $227,538 of variance is due to timing difference across materials and

contracts services ($157K), office expenses ($26K) and consultancies ($36K).


Page 27

• $93,904 Insurance expenditure is under the budget due to timing of second instalments (since paid in October 2015).

• ($18,402) Other expenditure is above the budget due to timing of overheads allocations to infrastructure works.

Capital expenditure – $320,289 under budget As detailed within the capital works schedules (note 10), the capital expenditure comprises;

• $148,538 under budget in infrastructure works. Attachment 2 provides further detail on the projects and variance explanation.

• $110,677 under budget in land and building is mainly due to timing of Claremont park toilet project.

• $62,800 under budget on transfers to reserves due to timing of interest income on reserve investment.

Capital income – 14,000 under the budget Variance due to the delay in the scheduled sale of EMCG vehicle.

Past Resolutions Ordinary Council Meeting 6 October 2015, resolution 172/15: That Council note the Financial Statement of Activity for the period 1 July 2015 to 31 August 2015.

Financial and Staff Implications Resource requirements are in accordance with existing budgetary allocation.

Policy and Statutory Implications Local Government Act 1995. Local Government (Financial Management) Regulations 1996.

Publicity N/A

Strategic Community Plan Governance and Leadership We are an open and accountable local government that encourages community involvement and strives to keep its community well informed. • Provide and maintain a high standard of governance, accountability,

management and strategic planning. • Maintain long term financial stability and growth.



Page 28

OFFICER RECOMMENDATION That Council notes the Financial Statement of Activity for the period 1 July 2015 to 30 September 2015.

CORPORATE

MONTHLY STATEMENT OF FINANCIAL ACTIVITY FOR PERIOD ENDING 30 SEPTEMBER 2015

MONTHLY STATEMENT

3 NOVEMBER 2015

ATTACHMENT 1

PAGES 22

1

Town of Claremont

MONTHLY FINANCIAL REPORT

For the Period Ended 30 September 2015

TABLE OF CONTENTS

Reimbursements are under projections.

Statement of Financial Activity

Note 1 Significant Accounting Policies

Note 2 Graphical Representation

Note 3 Net Current Funding Position

Note 4 Cash and Investments

Note 5 Major Variances

Note 6 Budget Amendments

Note 7 Receivables

Note 8 Grants and Contributions

Note 9 Cash Backed Reserves

Note 10 Capital Disposals and Acquisitions

Note 11 Trust

LOCAL GOVERNMENT ACT 1995LOCAL GOVERNMENT (FINANCIAL MANAGEMENT) REGULATIONS 1996

5

Revised Annual Budget

YTD Budget

(a)

YTD Actual

(b)Var. $

(b)-(a)Var. %

(b)-(a)/(b)Note 4 3 3

Operating Revenue $ $ $ $ %Grants, Subsidies and Contributions 5.1.1,8 316,814 159,003 153,975 (5,028) (3.3%)Profit on Asset Disposal 5.1.2,10 383,734 0 0 0Fees and Charges 5.1.3 3,444,898 1,002,256 1,022,048 19,792 1.9% Reimbursements 5.1.6 165,867 57,921 51,202 (6,719) (13.1%)Interest Earnings 5.1.7 625,687 195,782 246,165 50,383 20.5% Other Revenue 5.1.8 175,555 4,700 7,629 2,929 38.4%

Total (Excluding Rates) 5,112,555 1,419,662 1,481,019 61,357Operating ExpenseEmployee Costs 5.2.1 (7,280,323) (1,708,396) (1,725,850) 17,454 1.0% Materials and Contracts 5.2.2 (6,911,580) (1,608,014) (1,380,476) (227,538) (16.5%)Utilities Charges 5.2.3 (532,568) (134,337) (106,978) (27,359) (25.6%) Depreciation (Non-Current Assets) 5.2.4 (2,123,268) (530,817) (1,161) (529,656) (45620.7%) Interest Expenses 5.2.5 (555,887) 0 (62) 62 100.0% Insurance Expenses 5.2.5 (277,547) (238,646) (144,742) (93,904) (64.9%) Loss on Asset Disposal 5.2.7 (24,356) (8,396) 0 (8,396) Elected Member Expenses (259,592) (64,908) (60,088) (4,820) (8.0%)Other Expenditure 5.2.8 (101,228) (191,963) (210,365) 18,402 8.7%

Total (18,066,349) (4,485,477) (3,629,721) (855,756)Funding Balance AdjustmentAdd Back Depreciation 2,123,268 530,817 1,161 529,656 (45620.7%)Adjust (Profit)/Loss on Asset Disposal 10 (359,378) 8,396 0 8,396Adjust Provisions and Accruals 0

Net Operating (Ex. Rates) (11,189,904) (2,526,602) (2,147,541) 379,061Capital RevenuesGrants, Subsidies and Contributions 8 665,325 0 0 0Proceeds from Disposal of Assets 10 549,091 14,000 0 (14,000)Proceeds from New Debentures 5,500,000 0 0 0Transfers from/to Restricted Assets 21,913 0 0 0Transfer from Loan Account - Restricted Assets 169,440 0 0 0Transfer from Reserves 9 3,347,131 0 0 0

Total 10,252,900 14,000 0 (14,000)Capital ExpensesLand and Buildings 10 (696,651) (184,907) (74,230) (110,677) (149.1%) Plant and Equipment 10 (317,296) (71,416) (73,143) 1,727 2.4% Infrastructure Assets - Other 10 (4,061,404) (468,501) (319,963) (148,538) (46.4%) Repayment of Debentures (7,629,135) 0 0 0Transfer to Reserves 9 (1,349,678) (86,754) (23,954) (62,800) (262.2%) Total (14,054,164) (811,578) (491,289) (320,289)Net Capital (3,801,264) (797,578) (491,289) 306,289

Total Net Operating + Capital (14,991,168) (3,324,180) (2,638,830) 685,350

Rate Revenue 13,222,940 13,165,707 13,074,456 (91,251) (0.7%)Opening Funding Surplus(Deficit) 1,963,910 1,963,910 1,963,910 (0) 0.0%

Closing Funding Surplus(Deficit) 3 195,682 11,805,437 12,399,536 594,098 5.0%

Town of ClaremontSTATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 30 September 2015 (Nature or Type)

6

Revised Annual Budget

YTD Budget

(a)

YTD Actual

(b)Var. $

(b)-(a)Var. %

(b)-(a)/(b) Var.Note 4 3 3

Operating Revenue $ $ $ $ %General Purpose Funding 652,298 215,615 338,263 122,648 56.9% Governance 32,167 2,238 1,668 (570) (25.5%)Law, Order and Public Safety 14,200 4,099 1,934 (2,165) (52.8%)Health 80,600 51,599 52,266 667 1.3% Education and Welfare 352 87 0 (87) 100.0% Community Amenities 487,105 339,041 334,057 (4,984) (1.5%)Recreation and Culture 1,422,952 266,339 252,177 (14,162) (5.3%)Transport 998,144 239,226 200,155 (39,071) (16.3%)Economic Services 1,421,707 300,662 300,498 (164) (0.1%)Other Property and Services 3,030 756 0 (756) 100.0%

Total (Excluding Rates) 5,112,555 1,419,662 1,481,019 61,357Operating ExpenseGeneral Purpose Funding (442,853) (221,768) (193,667) (28,101) (12.7%)Governance (1,572,950) (396,923) (329,397) (67,527) (17.0%)Law, Order and Public Safety (399,844) (113,117) (48,004) (65,113) (57.6%) Health (458,137) (125,479) (104,203) (21,276) (17.0%)Education and Welfare (208,580) (52,402) (64,413) 12,011 22.9% Community Amenities (2,745,231) (660,553) (638,482) (22,071) (3.3%)Recreation and Culture (5,825,950) (1,439,569) (1,110,371) (329,198) (22.9%) Transport (3,962,558) (961,217) (663,814) (297,403) (30.9%) Economic Services (2,440,479) (300,581) (314,863) 14,282 4.8% Other Property and Services (9,767) (213,868) (162,507) (51,361) (24.0%)

Total (18,066,349) (4,485,477) (3,629,721) (855,756)Funding Balance AdjustmentAdd back Depreciation 2,123,268 530,817 1,161 (529,656) (99.8%)Adjust (Profit)/Loss on Asset Disposal 10 (359,378) 8,396 0 (8,396) 100.0% Adjust Provisions and Accruals 0 0

Net Operating (Ex. Rates) (11,189,904) (2,526,602) (2,147,541) 379,061Capital RevenuesGrants, Subsidies and Contributions 665,325 0 0 0Proceeds from Disposal of Assets 10 549,091 14,000 0 (14,000) 100.0% Proceeds from New Debentures 5,500,000 0 0 0Transfers from Restricted Assets 21,913 0 0 0Transfer from Loan Account - Restricted Assets 169,440 0 0 0Transfer from Reserves 9 3,347,131 0 0 0

Total 10,252,900 14,000 0 (14,000)Capital ExpensesLand and Buildings 10 (696,651) (184,907) (74,230) (110,677) (59.9%) Plant and Equipment 10 (317,296) (71,416) (73,143) 1,727 2.4% Infrastructure Assets - Other 10 (4,061,404) (468,501) (319,963) (148,538) (31.7%) Repayment of Debentures (7,629,135) 0 0 0 Transfer to Reserves 9 (1,349,678) (86,754) (23,954) (62,800) (72.4%) Total (14,054,164) (811,578) (491,289) (320,289)Net Capital (3,801,264) (797,578) (491,289) 306,289

Total Net Operating + Capital (14,991,168) (3,324,180) (2,638,830) 685,350

Rate Revenue 13,222,940 13,165,707 13,074,456 (91,251) (0.7%)Opening Funding Surplus(Deficit) 1,963,910 1,963,910 1,963,910 0 0.0%

Closing Funding Surplus(Deficit) 195,682 11,805,437 12,399,536 594,099 5.0%

Town of ClaremontSTATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 30 September 2015 (Statutory Reporting Program)

7

1. SIGNIFICANT ACCOUNTING POLICIES

The significant accounting policies which have been adopted in the preparation of this statement offinancial activity are:

(a) Basis of AccountingThis Statement is a special purpose financial report, prepared in accordance with applicable AustralianAustralian Accounting Standards, other mandatory professional reporting requirements and the LocalGovernment Act 1995 (as amended) and accompanying regulations (as amended).

(b) All Funds through which the Council controls resources to carry on its functions have been included in thisReimbursements are under projections.

In the process of reporting on the local government as a single unit, all transactions and balancesbetween those funds (for example, loans and transfers between Funds) have been eliminated.

All monies held in the Trust Fund are excluded from the statement, but a separate statement of thosemonies appears at Note 11.

(c) Rounding Off FiguresAll figures shown in this statement are rounded to the nearest dollar.

(d) Rates, grants, donations and other contributions are recognised as revenues when the local government obtains control over the assets comprising the contributions. Control over assets acquired from rates is obtained at the commencement of the rating period or, where earlier, upon receipt of the rates.

(e) Goods and Services TaxIn accordance with recommended practice, revenues, expenses and assets capitalised are stated netof any GST recoverable. Receivables and payables are stated inclusive of applicable GST.

(f) Cash and Cash EquivalentsCash and cash equivalents comprise cash at bank and in hand and short-term deposits that are readilyconvertible to known amounts of cash and which are subject to an insignificant risk of changes in value.

For the purposes of the Cash Flow Statement, cash and cash equivalents consist of cash and cash equivalents as defined above, net of outstanding bank overdrafts. Bank overdrafts are included asshort-term borrowings in current liabilities.

(g) Trade and Other ReceivablesTrade receivables, which generally have 30 - 90 day terms, are recognised initially at fair value andsubsequently measured at amortised cost using the effective interest rate method, less any allowance foruncollectible amounts.

Collectability of trade receivables is reviewed on an ongoing basis. Debts that are known to be uncollectibleare written off when identified. An allowance for doubtful debts is raised when there is objective evidencethat they will not be collectible.

(h) InventoriesGeneralInventories are valued at the lower of cost and net realisable value. Net realisable value is the estimatedselling price in the ordinary course of business less the estimated costs of completion and the estimatedcosts of necessary to make the sale.

Inventories held from trading are classified as current even if not expected to be realised in the next 12 months.

Land Held for ResaleCost includes the cost of acquisition, development and interest incurred on the financing of that land duringits development. Interest and holding charges incurred after development is complete are recognised asexpenses.

Revenue arising from the sale of property is recognised in the operating statement as at the time of signing a binding contract of sale.

Land held for resale is classified as current except where it is held as non-current based on Council'sintentions to release for sale.

Town of ClaremontNOTES TO THE STATEMENT OF FINANCIAL ACTIVITY


8

1. SIGNIFICANT ACCOUNTING POLICIES (Continued)

(I) Fixed AssetsAll assets are initially recognised at cost. Cost is determined as the fair value of the assets given asconsideration plus costs incidental to the acquisition. For assets acquired at no cost or for nominalconsideration, cost is determined as fair value at the date of acquisition. The cost of non-current assetsconstructed by the local government includes the cost of all materials used in the construction, directlabour on the project and an appropriate proportion of variable and fixed overhead.

Certain asset classes may be revalued on a regular basis such that the carrying values are not materiallydifferent from fair value. Assets carried at fair value are to be revalued with sufficient regularity to ensurethe carrying amount does not differ materially from that determined using fair value at reporting date.

(j) Depreciation of Non-Current AssetsAll non-current assets having a limited useful life are systematically depreciated over their usefullives in a manner which reflects the consumption of the future economic benefits embodied inthose assets.

Depreciation is recognised on a straight-line basis, using rates which are reviewed each reportingperiod. Major depreciation rates and periods are:

Buildings 2%Furniture and Equipment 14.3-30%Plant and Equipment 10-30%Motor Vehicles 20-30%

Roads - Aggregate 50 yearsRoads - Unsealed - Gravel 50 yearsDrains and Sewers 50 years

(k) Trade and Other PayablesTrade and other payables are carried at amortised cost. They represent liabilities for goods and servicesprovided to the local government prior to the end of the financial year that are unpaid and arise when theShire becomes obliged to make future payments in respect of the purchase of these goods andservices. The amounts are unsecured and are usually paid within 30 days of recognition.

(l) Employee BenefitsThe provisions for employee benefits relates to amounts expected to be paid for long service leave, annual leave, wages and salaries and are calculated as follows:

(i) Wages, Salaries, Annual Leave and Long Service Leave (Short-term Benefits)The provision for employees’ benefits to wages, salaries, annual leave and long service leave expected tobe settled within 12 months represents the amount the Shire has a present obligation to pay resulting from employees services provided to balance date. The provision has been calculated at nominal amounts based on remuneration rates the Shire expects to pay and includes related on-costs.

(ii) Annual Leave and Long Service Leave (Long-term Benefits)The liability for long service leave is recognised in the provision for employee benefits and measured as the present value of expected future payments to be made in respect of services provided by employees up to the reporting date using the project unit credit method. Consideration is given to expected future wage and salary levels, experience of employee departures and periods of service. Expected future paymentsare discounted using market yields at the reporting date on national government bonds with terms to maturity and currency that match as closely as possible, the estimated future cash outflows. Where theShire does not have the unconditional right to defer settlement beyond 12 months, the liability is recognised as a current liability.

(m) Interest-bearing Loans and BorrowingsAll loans and borrowings are initially recognised at the fair value of the consideration received lessdirectly attributable transaction costs.

After initial recognition, interest-bearing loans and borrowings are subsequently measured at amortisedcost using the effective interest method. Fees paid on the establishment of loan facilities that areyield related are included as part of the carrying amount of the loans and borrowings.

Borrowings are classified as current liabilities unless the Council has an unconditional right to defersettlement of the liability for at least 12 months after the balance sheet date.

Town of Claremont

For the Period Ended 30 September 2015NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

9


Borrowing CostsBorrowing costs are recognised as an expense when incurred except where they are directly attributableto the acquisition, construction or production of a qualifying asset. Where this is the case, they arecapitalised as part of the cost of the particular asset.

(n) ProvisionsProvisions are recognised when: The council has a present legal or constructive obligation as a result ofpast events; it is more likely than not that an outflow of resources will be required to settle the obligation;and the amount has been reliably estimated. Provisions are not recognised for future operating losses.

Where there are a number of similar obligations, the likelihood that an outflow will be required in settlementis determined by considering the class of obligations as a whole. A provision is recognised even if the likelihood of an outflow with respect to any one of item included in the same class of obligations may besmall.

(o) Current and Non-Current ClassificationIn the determination of whether an asset or liability is current or non-current, consideration is given to thetime when each asset or liability is expected to be settled. The asset or liability is classified as currentif it is expected to be settled within the next 12 months, being the Council's operational cycle. In thecase of liabilities where Council does not have the unconditional right to defer settlement beyond 12 months,such as vested long service leave, the liability is classified as current even if not expected to be settledwithin the next 12 months. Inventories held for trading are classified as current even if not expected to berealised in the next 12 months except for land held for resale where it is held as non current based onCouncil's intentions to release for sale.

(p) Nature or Type Classifications

RatesAll rates levied under the Local Government Act 1995. Includes general, differential, specific arearates, minimum rates, interim rates, back rates, ex-gratia rates, less discounts offered. Exclude administration fees, interest on instalments, interest on arrears, service charges and sewerage rates.

Operating Grants, Subsidies and ContributionsRefer to all amounts received as grants, subsidies and contributions that are not non-operating grants.

Non-Operating Grants, Subsidies and ContributionsAmounts received specifically for the acquisition, construction of new or the upgrading of non-current assets paid to a local government, irrespective of whether these amounts are received as capital grants, subsidies, contributions or donations.

Profit on Asset DisposalProfit on the disposal of assets including gains on the disposal of long term investments.Losses are disclosed under the expenditure classifications.

Fees and ChargesRevenues (other than service charges) from the use of facilities and charges made for local government services, sewerage rates, rentals, hire charges, fee for service, photocopying charges, licences, sale of goods or information, fines, penalties and administration fees. Local governments may wish to disclose more detail such as rubbish collection fees, rental of property, fines and penalties, other fees and charges.

Service ChargesService charges imposed under Division 6 of Part 6 of the Local Government Act 1995. Regulation 54 of the Local Government (Financial Management) Regulations 1996 identifies these are televisionand radio broadcasting, underground electricity and neighbourhood surveillance services. Exclude rubbish removal charges. Interest and other items of a similar nature received from bank and investment accounts, interest on rate instalments, interest on rate arrears and interest on debtors.

Interest EarningsInterest and other items of a similar nature received from bank and investment accounts, interest on rate instalments, interest on rate arrears and interest on debtors.

Other Revenue / IncomeOther revenue, which can not be classified under the above headings, includes dividends, discounts, rebates etc.



10


Employee CostsAll costs associate with the employment of person such as salaries, wages, allowances, benefits such as vehicle and housing, superannuation, employment expenses, removal expenses, relocation expenses, worker's compensation insurance, training costs, conferences, safety expenses, medical examinations, fringe benefit tax, etc.

Materials and ContractsAll expenditures on materials, supplies and contracts not classified under other headings. These include supply of goods and materials, legal expenses, consultancy, maintenance agreements, communication expenses, advertising expenses, membership, periodicals, publications, hire expenses, rental, leases, postage and freight etc. Local governments may wish to disclose more detail such as contract services, consultancy, information technology, rental or lease expenditures.

Utilities (Gas, Electricity, Water, etc.)Expenditures made to the respective agencies for the provision of power, gas or water. Exclude expenditures incurred for the reinstatement of roadwork on behalf of these agencies.

(q) Nature or Type Classifications (Continued)

InsuranceAll insurance other than worker's compensation and health benefit insurance included as a cost of employment.

Loss on asset disposalLoss on the disposal of fixed assets.

Depreciation on non-current assetsDepreciation expense raised on all classes of assets.

Interest expensesInterest and other costs of finance paid, including costs of finance for loan debentures, overdraft accommodation and refinancing expenses.

Other expenditureStatutory fees, taxes, provision for bad debts, member's fees or levies including WA Fire Brigade Levy and State taxes. Donations and subsidies made to community groups.

(r) Statement of ObjectivesIn order to discharge its responsibilities to the community, the Council has developed a set ofoperational and financial objectives. These objectives have been established both on an overallbasis and for each of its broad activities/programs.

Council operations as disclosed in this statement encompass the following service orientatedactivities/programs:

GOVERNANCEDetails expenses related to Councils ten councillors, who normally meet the first and third Tuesday of eachmonth, make policy decisions, review Councils operations, plan for current and future service provisionrequirements and undertake necessary appropriate training and attend conferences.

GENERAL PURPOSE FUNDINGRates - the amount raised is determined by Councils budget "shortfall" that is known income anddesired expenditure.

General purpose grants - are the grant amounts paid to the Town from Federal Government funding asdetermined by and via the Western Australian Local Government Grants Commission.

Interest - interest earned on monies invested or deposited by Council.

LAW, ORDER, PUBLIC SAFETYSupervision of animal control, dog pound operations, local law control and state emergency services (SES).

HEALTHPublic places health and safety, food safety and health compliance.



11


(r) STATEMENT OF OBJECTIVE (Continued)

EDUCATION AND WELFAREPre-schools, aged and disabled , senior citizens, welfare administration, donations to welfare organisations.

COMMUNITY AMENITIESRubbish collections, recycling, litter control, public litter bins, town planning control/studies.

RECREATION AND CULTUREPublic halls, civic centres, swimming pool, golf course, parks, sports grounds, sports groups, community recreationprograms, library, community arts program, youth activities, heritage and museum.

TRANSPORTRoads, footpaths, cycleways, right of way, drainage, road verges, median strips, street lighting, street cleaning,street trees, traffic surveys, parking services, traffic management and underground power.

ECONOMIC SERVICESBuilding services, strategic planning and activities involving the Royal Agricultural Society and Anzac Cottage.

OTHER PROPERTY & SERVICESPublic works overheads, plant/vehicle operations, private works and other property.



12



Note 2 - Graphical Representation - Source Statement of Financial Activity

For the Period Ended 31 August 2012

Comments/Notes - Operating Expenses

Comments/Notes - Operating RevenuesThe operating revenue does not include income from rates.

0

200

400

600

800

1000

1200

1400

1600

1800

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Amou

nt $

( '0

00s)

Month ending

Budget Operating Expenses -v- YTD Actual

Budget 2015-16

Actual 2015-16

0

200

400

600

800

1000

1200


Amou

nt $

( '0

00s)

Budget Operating Revenues -v- Actual

Budget 2015-16

Actual 2015-16

13



Note 2 - Graphical Representation - Source Statement of Financial Activity

Comments/Notes - Capital Expenses

Comments/Notes - Capital Revenues

0

2

4

6

8

10

12

14

16


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Actual 2015-16

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300

350

400


Amou

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00s)

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Budget Capital Expenses -v- Actual

Budget 2015-16

Actual 2015-16

14

Note 3: NET CURRENT FUNDING POSITION

For the Period Ended 30 September 2015 Note This Period Last Period $ $

Current AssetsCash Unrestricted 9,830,321 3,688,203Cash Restricted 24,520 24,520Investments 13,776,231 13,752,277Receivables - Rates and Rubbish 5,912,319 147,481Receivables - Other 261,796 245,006Inventories 129,307 129,667

29,934,494 17,987,154

Less: Current LiabilitiesPayables (2,608,881) (1,124,410)Current Loan Liability (2,129,136) (7,629,136)Provisions (996,019) (992,370)

(5,734,036) (9,745,915)Less: Restricted AssetsCash Restricted (13,800,751) (13,776,797)Inventories (129,307) (129,667)

Plus: Loan Liability 2,129,136 7,629,136

12,399,536 1,963,910

2015-16



Positive=Surplus (Negative=Deficit)

0

2

4

6

8

10

12

14

16


Mill

ion

s

Note 3 - Liquidity Over the Year 2013-14 2014-15

2015-16

15

Note 4: CASH AND INVESTMENTS

Deposit Interest Municipal Reserves Trust Total Institution MaturityNo. Rate $ $ $ Amount $ Date

(a) Cash Deposits 2.35% 663,817 663,817 NAB At Call

(b) Term Deposits 258 2.90% 2,045,686 2,045,686 ANZ 1/12/2015273 2.93% 420,312 420,312 Bendigo 30/11/2015274 2.94% 498,506 498,506 NAB 17/03/2016275 2.95% 73,782 73,782 NAB 22/06/2016276 2.95% 11,801 11,801 NAB 22/06/2016277 2.95% 38,601 38,601 NAB 22/06/2016278 2.95% 207,325 207,325 NAB 22/06/2016279 2.95% 21,767 21,767 NAB 22/06/2016284 2.90% 1,165,860 1,165,860 NAB 1/06/2016285 2.90% 193,960 193,960 NAB 1/06/2016286 2.85% 3,000,000 3,000,000 Suncorp 18/01/2016287 2.90% 2,000,000 2,000,000 NAB 28/04/2016288 2.90% 1,069,421 1,069,421 NAB 30/11/2015282 2.95% 3,069,195 3,069,195 ANZ 28/12/2015283 2.95% 1,292,527 1,292,527 ANZ 28/12/2015289 2.88% 2,000,000 2,000,000 NAB 24/11/2015290 2.90% 2,000,000 2,000,000 Suncorp 15/02/2016291 3.00% 1,028,191 1,028,191 NAB 30/03/2016

0 20,800,751 0 20,800,751

(c) InvestmentsTotal



Comments/Notes - Investments

16

Note 4A: CASH INVESTMENTSComparative rate

Up to 30 31-60 61-90 91-120 120+

Average Interest time of deposit

Interest Rate at time of Report

Annual Budget

Year to Date Actual Var.$

General Municipal4180379 22/07/2015 Suncorp 180 2.85% 42,164 3,000,000 3,000,000 4180559 18/08/2015 Suncorp 181 2.90% 28,762 2,000,000 2,000,000

77-426-0025 17/08/2015 NAB 99 2.88% 15,623 2,000,000 2,000,000 83-934-9750 27/07/2015 NAB 310 2.90% 4,777 193,961 193,961

Subtotal 91,326 - - - 2,000,000 5,193,961 7,193,961 - Restricted9732-35404 28/06/2015 ANZ 183 2.95% 45,395 3,069,195 3,069,195 9736-55847 1/06/2015 ANZ 183 2.90% 29,744 2,045,686 2,045,686 9732-35279 28/06/2015 ANZ 183 2.95% 19,117 1,292,527 1,292,527 83-934-9750 27/07/2015 NAB 310 2.90% 28,715 1,165,860 1,165,860 19-381-1571 28/06/2015 NAB 273 2.94% 10,962 498,506 498,506 14-111-5231 23/06/2015 NAB 365 2.95% 2,177 73,782 73,782 14-111-1660 23/06/2015 NAB 365 2.95% 348 11,801 11,801 14-111-1564 23/06/2015 NAB 365 2.95% 1,139 38,601 38,601 14-111-5098 23/06/2015 NAB 365 2.95% 6,116 207,325 207,325 83-796-9593 23/06/2015 NAB 365 2.95% 642 21,767 21,767 77-223-8027 28/07/2015 NAB 275 2.90% 43,699 2,000,000 2,000,000 77-223-7980 28/07/2015 NAB 125 2.90% 10,621 1,069,421 1,069,421 16-145-58 28/05/2015 Bendigo 186 2.93% 6,276 420,312 420,312 94-604-0679 28/09/2015 NAB 184 3.00% 15,550 1,028,191 1,028,191 083-817 156849553 26/04/2013 NAB At Call 2.35% 663,817 663,817

Subtotal 220,499 663,817 - - 3,069,195 9,873,779 13,606,791 -

- - - - - - - - - -

Total Interest Expected on Funds Invested 311,825 663,817 - - 5,069,195 15,067,740 20,800,751 - - -

NAB83-934-9750 27/07/2015 310 2.90% 193,961 83-934-9750 28/06/2015 310 2.90% 1,165,860 19-381-1571 23/06/2015 273 2.94% 498,506 14-111-5231 23/06/2015 365 2.95% 73,782 14-111-1660 23/06/2015 365 2.95% 11,801 14-111-1564 23/06/2015 365 2.95% 38,601 14-111-5098 23/06/2015 365 2.95% 207,325 83-796-9593 23/06/2015 365 2.95% 21,767 77-223-8027 28/07/2015 275 2.90% 2,000,000 77-223-7980 17/08/2015 125 2.90% 1,069,421 77-426-0025 28/05/2015 99 2.88% 2,000,000 94-604-0679 28/09/2015 184 3.00% 1,028,191 083-817 156849553 26/04/2013 At Call 2.35% 663,817

Subtotal 8,973,031 43%Bendigo16-145-58 28/05/2015 186 2.93% 420,312

Subtotal 420,312 2%Suncorp

4180379 22/07/2015 180 2.85% 3,000,000 4180559 18/08/2015 181 2.90% 2,000,000

Subtotal 5,000,000 24%ANZ9732-35404 28/06/2015 183 2.95% 3,069,195 9736-55847 1/06/2015 183 2.90% 2,045,686 9732-35279 28/06/2015 183 2.95% 1,292,527

Subtotal 6,407,408 31%

Total Funds Invested 20,800,751 100.0%

Percentage of Portfolio

Deposit Ref

Deposit Date Institution

Term (Days)

Invested Interest rates

Expected Interest

Deposit Ref Term (Days)

Invested Interest

rates

Town of ClaremontMonthly Investment Report


Budget v Actual Amount Invested (Days)

Total

Portfolio Diversity NAB

Bendigo

Suncorp

ANZ

-

2

4

6

8

10

12

14

16

Up to 30 31-60 61-90 91-120 120+ M

illio

ns

Investment Maturity Timing

17

NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

Note 5: MAJOR VARIANCESComments/Reason for Variance

5.1 OPERATING REVENUE (EXCLUDING RATES)

5.1.1 GRANTS, SUBSIDIES AND CONTRIBUTIONSMinor variance due to timing, please refer to note 7 for further details5.1.2 PROFIT ON ASSET DISPOSALNo Budget or Actual for September 20155.1.3 FEES AND CHARGESMinor variance due to timing,5.1.6 REIMBURSEMENTSMinor variance due to timing,5.1.7 INTEREST EARNINGSVariance is mainly due to budget timing on interest of rates instalments

5.1.8 OTHER REVENUEMinor variance due to timing,

5.2 OPERATING EXPENSES

5.2.1 EMPLOYEE COSTSEmployee Cost is over the budget mainly due to timing and termination payout of Long Service Leave.5.2.2 MATERIAL AND CONTRACTSVariance due to timing difference across materials and contracts services ($157K), Office Expenses (26K) and consultancies (36K).5.2.3 UTILITY CHARGESVariance due to timing,5.2.4 DEPRECIATION (NON CURRENT ASSETS)Depreciation not applied in September 15.5.2.5 INTEREST EXPENSESMinor Variance5.2.6 INSURANCE EXPENSESInsurance is under the budget due to timing.5.2.7 LOSS ON ASSET DISPOSALNon cash item. 5.2.8 OTHER EXPENDITUREOther Expenditure is over the budget mainly due to budget timing of overheads allocations to Infrastructure works.

5.3 CAPITAL REVENUE5.3.1 GRANTS, SUBSIDIES AND CONTRIBUTIONSNo budget or actual for Sep 155.3.2 PROCEEDS FROM DISPOSAL OF ASSETSVariance is due to delay in the sale of vehicle.5.3.4 TRANSFER FROM/TO RESTRICTED ASSETSNo budet or actual for Sep 155.3.7 TRANSFER FROM RESERVES (RESTRICTED ASSETS)No budet or actual for Sep 15

5.4 CAPITAL EXPENSES

5.4.2 LAND AND BUILDINGSTiming of the expenditure, please refer to note 105.4.3 PLANT AND EQUIPMENTTiming of the expenditure, please refer to note 105.4.6 INFRASTRUCTURE ASSETS - OTHERTiming of the expenditure, please refer to note 105.4.8 REPAYMENT OF LOANSNo budget or actuals for Sep 155.4.10 TRANSFER TO RESERVES (RESTRICTED ASSETS)

Town of Claremont


18

NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

Note 5: MAJOR VARIANCESComments/Reason for Variance

Town of Claremont


Variance is due to timing of the interest income on reserve funds as transfers are processed at maturity of the term deposit.

5.5 OTHER ITEMS

5.5.1 RATE REVENUERate revenue is under the budget due to decrease in valuation of properties during interim rates.

5.5.2 OPENING FUNDING SURPLUS(DEFICIT)This actual figure is to be confirmed following completion of 2014-15 Audit.

19

Note 6: BUDGET AMENDMENTSAmendments to original budget since budget adoption. Surplus/(Deficit)

GL Account Code Description

Council Resolution

No Change -(Non Cash

Items) Adjust.

Increase in Available

Cash Decrease in

Available Cash

Amended Budget

Running Balance

$ $ $ $

Budget Adoption -Closing Balance 98/15 63,756EOY report - Carry forward project 147/15 119,909 183,665

Increase in Davies rd car park upgrade to 584000 (net of OH) 155/15 (320,000) (136,335)Contribution from Landcorp 155/15 197,000 60,665Transfer of $123,000 from parking res required (instead of 187,000) 155/15 123,000 183,665Refund of Heritage Loan Subsidy Contrib 164/15 21,000 204,665Maintenance grants for heritage dwellings 164/15 (21,000) 183,66515-16 Foothpath - Shenton Place access 164/15 (16,667) 166,998Increase in Food Act Fees 172/15 15,000 181,998Noise Monitoring Software - Missed in 14-15 cf report 172/15 (8,316) 173,682EHO services to Town of Mosman Park 172/15 30,000 203,682Increase in contract Labour Budget for EHO contract Labour 172/15 (15,000) 188,682Additional cost for development of Lot 15 Claremont Cres 172/15 (5,000) 183,682Credit Card Surcharge 172/15 12,000 195,682

0 517,909 (385,983) 0



20

Note 7: RECEIVABLESReceivables - Rates and Rubbish Current Previous Total Receivables - General Current 30+ Days 60+ Days 90+Days

2015-16 2014-15 $ $ $ $$ $ $ 33,954 24,904 22,538 156,614

Opening Arrears Previous Years 147,481 153,250 147,481 Total Outstanding 238,010Rates Levied this year 13,645,412 12,931,546 13,645,412Less Collections to date (7,879,714) (12,937,315) (7,879,714) Amounts shown above include GST (where applicable)Equals Current Outstanding 5,913,179 147,481 5,913,179

Net Rates Collectable 5,913,179% Collected 57.13%

0

Comments/Notes - Rates Comments/Notes - Receivables General



Rates charges include interim rates of -$137,929.03 90+ accounts relates to contribution for Avion Way Project that would be paid once the works are completed.

0.00%

20.00%

40.00%

60.00%

80.00%

100.00%

120.00%


Note 7 - Rates % Collected

Last Year 2014-15

This Year 2015-16

Current 14%

30+ Days 10%

60+ Days 10%

90+Days 66%

Note 6 - Accounts Receivable (non-rates)

21

Note 8: GRANTS AND CONTRIBUTIONS

Program/Details Provider Approval 2015-16 Variations Revised Recoup StatusGL Yes Budget Additions Grant Received Not Received

No YTD (Deletions)(Yes/No) $ $ $ $ $

Claremont Nowop Specified Area Rates BID Yes 120,000 115,641 4,359

General Purposeop Grant Commission WALGCC Yes 27,042 25,451 1,591Op Pensioners Deferred Interest Grant Dept of Finance Yes 0 0

Recreation and Cultureop Donation to Museum Yes 75 137 (62)op Other Contribution Yes 0 20 (20)

TRANSPORTOp Formula Road Grant WALGCC Yes 11,886 12,726 (840)

TOTALS 159,003 0 0 153,975 5,028

Comments - Grants and Contributions



22

Note 9: Cash Backed Reserve

NameOpening Balance

$ $ $ $ $ $ $ $ $Pool Upgrade 379,589 8,896 0 80,000 0 0 0 468,485 379,589Underground Power 1,847,557 52,093 0 0 0 0 0 1,899,651 1,847,557Plant Replacement 73,782 1,830 0 0 0 0 0 75,612 73,782Bore Replacement 21,767 649 0 0 0 0 0 22,416 21,767Public Art res 356/13 58,221 634 0 0 0 0 0 58,855 58,221Parking 917,156 20,087 0 0 0 (218,775) 0 718,468 917,156Administration Building 421,165 7,367 0 0 0 (168,836) 0 259,695 421,165Future Fund 8,570,123 227,777 21,767 922,591 0 (2,525,685) 0 7,194,806 8,591,889Golf Course Land 38,601 1,148 0 0 0 0 0 39,749 38,601Aged Transport Subsidy 11,801 352 0 0 0 0 0 12,153 11,801Claremont Joint Venture 1,163,673 25,084 2,187 0 0 (310,835) 0 877,922 1,165,860Claremont NOW 79,403 1,169 0 0 0 0 0 80,572 79,403

Restricted - Loan Investments 169,441 0 0 0 0 (169,441) 0 (0) 169,441Resticted - Municipal Investments 24,520 0 0 0 0 (24,520) 0 0 24,520

13,776,797 347,087 23,954 1,002,591 0 (3,418,092) 0 11,708,383 13,800,751

21,767

(612,949)

-612949

-332113.9

Actual Transfers

Out (-)

Budget Closing Balance

Actual YTD Closing Balance



Budget Interest Earned

Actual Interest Earned

Budget Transfers

In (+)

Actual Transfers

In (+)

Budget Transfers

Out (-)

(1,000,000) 0

1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 8,000,000 9,000,000

10,000,000

Note 8 - Year To Date Reserve Balance to End of Year Estimate

Opening Balance

Budget Closing Balance

Actual YTD Closing Balance

23

Note 10: CAPITAL DISPOSALS AND ACQUISITIONS

Valuation as at 01 July

2015 Accum Depr ProceedsProfit(Loss) Budget Actual Variance

$ $ $ 0 $ $ $Sale Lot 15 Claremont Cres 383,734 0 (383,734)Vehicle Replacement Program 24,356 0 (24,356)

0 0 0 0 Totals 408,090 0 (408,090)

Comments - Capital Disposal

Grants Reserves Borrowing Total Budget Actual Variance$ $ $ $ $ $ $

Property, Plant & Equipment0 0 0 0 Land and Buildings 696,651 74,230 (622,421) 0 0 0 0 Plant & Equipment 317,296 73,143 (244,153) 0 0 0 0 Furniture & Equipment 0 0 0

Infrastructure0 0 0 0 Roadworks 1,454,626 49,849 (1,404,777) 0 0 0 0 Footpath & Cycleways 1,554,369 69,561 (1,484,808) 0 0 0 0 Parks, Gardens & Reserves 924,614 197,925 (726,689) 0 0 0 0 Other Infrastructure 127,795 2,628 (125,167)

0 0 0 0 Totals 5,075,351 467,336 (4,608,015)

Grants Reserves Borrowing Total Budget Actual Variance$ $ $ $ $ $ $

14-15 Disability Access Upgrade Various Buildings 46,227 0 (46,227)14-15 Civic & Administration Centre - 308 Stirling Highway 15,000 10,189 (4,811)14-15 Anzac Cottage Upgrade 15,000 12,066 (2,934)15-16 Aquatic Centre Upgrade - Tower Light & Hand Rail 62,754 19,781 (42,973)15-16 CBD Public Toilet 250,000 0 (250,000) 15-16 Golf Course Upgrade - Asbestos removal & Access upgrade 31,670 26,479 (5,191)15-16 Meals on Wheels Upgrade 28,000 525 (27,475) 15-16 Museum Upgrade 3,000 0 (3,000) 14-15 Claremont Park Toilet Cf 200,000 360 (199,640)Lot 13 Stirling Hwy Claremont 40,000 0 (40,000)Lot 15 Claremont Crescent 5,000 4,830 (170)

0 0 0 0 Totals 696,651 74,230 (622,421)Comments - Land & Buildings

Contributions

Profit (Loss)


Land & Buildings Current Budget


Profit(Loss) of Asset DisposalDisposals

Current BudgetContributions InformationSummary Acquisitions

24

Note 10: CAPITAL DISPOSALS AND ACQUISITIONS



Grants Reserves Borrowing Total Budget ActualVariance

(Under)Over$ $ $ $ $ $ $

EMCG Vehicle 33,600 30,659 (2,941) Chlorine Gas Regulator 0 2,613Christmas Lighting 50,100 0 (50,100)Vehicles for (MPE& Coordi works) 60,900 0 (60,900)Website Development 40,000 15,000 (25,000)Computer Replacement Prog (30K), Software u 80,000 1,177 (78,823)CCTV Bayview TCE 10,000 1,560 (8,440)Noise Monitoring Software 8,316 8,316 0Museum CCTV Updgrade 7,000 0 (7,000)Bore Replacement Rowe Park 0 7,800Health Software for Food Premises 10,000 0 (10,000)Upgrade to Handheld Devices - Rangers 17,380 6,018 (11,362)

0 0 0 0 Totals 317,296 73,143 (254,566)

Comments - Plant & Equipment

Grants Reserves Borrowing Total Budget ActualVariance

(Under)Over$ $ $ $ $ $ $

0 Road Works0 Intersections 576,066 37,080 (538,986)

Roadworks 878,560 12,770 (865,790)

0 Footpath & Cycleways0 Other works 1,554,369 69,561 (1,484,808)

0 Parks, Gardens & Reserves0 Lake Claremont Park Development - Stage 2 875,614 188,030 (687,584) 0 Other Parks 49,000 9,895 (39,105) 0 Other Infrastructure 127,795 2,628 (125,167)

0 0 0 0 Totals 4,061,404 319,963 (3,741,441)

Comments - Other Infrastructure

Contributions Other Infrastructure Current Budget

This Year

Capital works expenditure remain within the full year budget

Plant & Equipment Current Budget

This YearContributions

25

Note 11: TRUST FUND

2 Funds held at balance date over which the Council has no control and which are not included in this statement are as follows:

Opening Balance Amount Amount

Closing Balance

1-Jul-15 Received Paid 30-Jun-16$ $ $ $

BCITF Fees 36,134 22,731 (53,593) 5,273Build Services Levy 37,336 20,953 (53,858) 4,431DAP Fees 150 0 (150) 0Damage Bond Residenial 792,099 96,500 (64,500) 824,099Damage Bond Demolition 185,500 45,000 (36,000) 194,500Damage Bond Lakeway 32,500 5,000 (15,000) 22,500Damage Bond Commercial 200,460 54,250 (24,000) 230,710Damage Bond Verge Usage Bond 5,300 0 0 5,300Damage Bond Performance Bond 79,368 0 0 79,368Other Trust Bonds 1,796 3,043 (568) 4,271

1,370,643 247,477 (247,669) 1,370,452



CORPORATE

MONTHLY STATEMENT OF FINANCIAL ACTIVITY FOR PERIOD ENDING 30 SEPTEMBER 2015

INFRASTRUCTURE ASSETS

3 NOVEMBER 2015

ATTACHMENT 2

PAGES 3

Dept Activity GL Name BudgetActual - 30/9/15

Comments

1201 51109 11-12 Stirling Highway/Queenslea Drive - Intersection 157,615 1,723 Waiting to hear start date from Main Roads contractor1201 51111 11-12 Stirling Road/St Quentin Avenue - Intersection 64,169 7,388 Completed except line marking1201 51112 11-12 Stirling Highway/Leura Avenue - Intersection 61,000 27,687 Completed1104 51144 12-13 River Foreshore - Erosion Control 20,447 Ongoing1201 51193 13-14 Cliff Way - Slow Point Not applicable1201 51195 13-14 Stirling Highway II - Footpath North Side 64,795 2,628 Completed, processing invoices1201 51197 13-14 Street Trees Replacement Program 35,484 Ongoing

1201 51199 13-14 Avion Way Traffic Upgrade 260,835One way road works completed, paving, street furniture and art work in progress

1201 51205 14-15 Stubbs Tce Resheet Not applicable1201 51208 14-15 Stirling Rd Resheet 10,000 7,639 Not applicable

1201 51210 14-15 Loch/Gugeri/Railway 30,000 In conjunction with City of Nedlands, report to next OCM

1201 51211 14-15- BVT - Seating, shading & Barriers 59,400 Quotes are being obtained, works to commence early 2016.1104 51220 14-15 Lake Claremont Upgrade 28,464 Ongoing as part of the operational management plan

1104 51221 14-15 Foreshore Stage 1 Management Plan 41,515 Draft is ready for presentation to EMs in early November 2015

1201 51222 14-15 Cliff Way NIB and Give Way Sign 16,037 On hold until Richardson Ave working party finalises the report1104 51223 14-15 Interpretive Sign - Lake Claremont 45,600 491 Text is ready and concept design in progress1201 51225 14-15 Graylands & Lapsley Rd Intersection 70,000 Works to begin June 2016.

1104 51217 14-15 Claremont Park Stage 2 120,824Manufactoring of toilet panels are completed. Ground works will commence on 9 Nov 2015

1201 51218 14-15 Fresh Water PDE on RD Cycle Lane Vic Ave Queenslea Dve 164,560 Report will be back to Council in Nov 20151201 51332 14-15 Davies Rd Car Park 584,000 Works to begin April 20161104 51335 15-16 MacLagan Park: Low limestone retaining wall 5,000 Starting in Nov 20151104 51336 15-16 Lake Claremont - Nedlands path connection 20,000 Mid Nov 20151104 51337 15-16 Lake Claremont improvement works (Fencing, parking,dog agility) 40,000 Ongoing as part of the operational management plan1104 51338 15-16 Flow Meters at Hachett & Mofflin 20,000 Work in progress1201 51339 15-16 Stirling Rd Underpass Art Work 50,000 Not scheduled yet

2015-16 Infrastructure Works

1201 51340 15-16 Bay Veiw Tce Traffic Calming Works 25,000 12,770 Works completed, waiting final invoices.1201 51347 15-16 Foothpath - Shenton Place access 20,000 Work in progress1201 60053 15-16 Wright St - Resheet 205,000 840 In progress, 85% completed1201 60054 15-16 Mount St - Resheet 81,090 In progress1201 60055 15-16 Fraser St - Resheet 96,408 50,367 95% completed.1201 60056 15-16 Victoria Ave- Resheet 532,117 Early 20161201 60057 15-16 Cornwall St - Resheet 186,926 93,925 95% completed1201 60058 15-16 Langsford St West Foothpath 65,945 9,104 Completed, waiting for invoices1201 60059 15-16 Stirling Hwy Northside Foothpath 66,700 Starting in Nov 20151201 60060 15-16 Wright St west Foothpath 37,000 Completed1201 60061 15-16 Victoria Ave Foothpath 63,000 On hold1201 60062 15-16 Servetus St Concrete Path 16,000 8,759 Works completed Sept 2015, waiting for invoices.1201 60063 15-16 Kingsmill St Concrete Path 12,000 13,395 Works completed1201 60064 15-16 Chester Rd Concrete Path 12,000 Not scheduled yet1201 60065 15-16 Vaucluse St West Concrete Path 41,000 41,970 Completed1201 60066 15-16 Brown St West Concrete Path 12,000 2,063 Completed, waiting for invoices1104 60067 15-16 Hatchett Park deck replacement 35,000 26,816 In progress, will be completed early Nov 20151104 60068 15-16 Swanbourne shops reticulation replacement 20,000 9,302 Completed1104 60069 15-16 Stirling Rd Park Extend carpark 52,000 In conjunction with Scotch College

1104 60070 15-16 Lake Claremont - Create Swale at Henshaw Lane Outfall 50,000 On hold until recreation working party finalise the report1201 60071 15-16 Museum Carpark Resheet 82,000 288 Design in pogress 1201 60072 15-16 Shenton PL/Cedus St Street Light Replacement 85,000 Design will commence soon1201 60073 15-16 Drainage Improvement 89,777 2,527 Ongoing1201 60074 15-16 Richardson Ave drop off/pick up 80,000 Working group to commence soon1201 51214 14-15 Footpath Renewal 281 Not applicable1201 60076 15-16 Stirling Rd East Foothpath 31,576 Will commence in April 20161201 60077 15-16 Shenton Rd North Foothpath 50,784 Will commence in April 20161201 60078 15-16 Fraser St South Foothpath 15,400 Not scheduled yet1201 60079 15-16 Remove Various Slab Foothpaths 27,936 Not scheduled yet

4,061,404 319,963


Page 29

13.3 INFRASTRUCTURE

13.3.1 LEURA AVENUE - GUGERI STREET VERGE LANDSCAPE TREATMENT (SOUTH WEST CORNER)

File Ref: 2114-02 Attachment: Proposed verge landscape treatment Responsible Officer: Saba Kirupananther

Executive Manager Infrastructure Author: Jackie Parker

Supervisor Parks and Environment Proposed Meeting Date: 3 November 2015

Purpose For Council to approve the proposed verge landscape treatment at the southwest corner of Leura Avenue and Gugeri Street.

Background In June this year, the Town was approached by the owners of Claremont Court (the lot between the Post Office car park and Leura Avenue), seeking to improve the amenity and useability of the verge at the southwest corner of Leura Avenue and Gugeri Street. The Town and the managing agent of Claremont Court have worked together to develop a plan, to which approval is now being sought from Council. The proposed verge landscape treatment includes the installation of a London Plane tree, removal of paving (approximately 20 square metres), installation of a small reticulation system (connected to Claremont Court reticulation system) and planting of a hedge (approximately 20 metres).

Discussion The following elements have been identified at the site in its current form: • Excessive (radiant) heat • Little to no shade • Poor amenity • Uninviting • Wide, open unusable space.

The proposed design comprises the following elements: • Tree installation to provide shade • Hedge planting to increase amenity and aesthetics • Removal of some paving to reduce radiant heat.

Past Resolutions There are no past resolutions related to this item.


Page 30

Financial and Staff Implications Installation: Removal of bricks and forming of new edge: $2800 Supply and installation of reticulation: $1200 Supply and installation of hedge: $1800 Supply and install of mulch: $1400 Supply and install of tree: $ 800 TOTAL: $8000 It is proposed that the Town and the owners of Claremont Court share the cost of the installation in the format shown below, equating to an even cost share of approximately $4,000 to each: Town of Claremont is to: Supply and install hedge: $1800 Supply and install mulch: $1400 Supply and install tree: $ 800 TOTAL: $4000 Claremont Court is to: Remove bricks and form new edge: $2800 Supply and install reticulation: $1200 TOTAL: $4000 Maintenance: It is proposed that the new verge tree and hedge will be incorporated into the Town’s existing garden maintenance program, at an approximate annual cost of $1200. It is proposed that the maintenance to the irrigation system will be the responsibility of the owners of Claremont Court. Due to the low cost of this proposed verge landscape treatment, it is feasible that the works to be paid by the Town can be funded within the existing budgets.

Policy and Statutory Implications The landscaping installations and associated works will be undertaken within the Town’s relevant policies.

Publicity Nil.

Strategic Community Plan Liveability We are an accessible community, with well maintained and managed assets, and our heritage preserved for the enjoyment of the community.


Page 31

• Clean, usable, attractive, accessible streetscapes and public open spaces.

• Develop the public realm as gathering spaces for participation and enjoyment.

Urgency If a decision is made, the Town will have the opportunity to source and plant the tree and shrubs before the hot summer weather.


OFFICER RECOMMENDATION That Council Approves: 1. The proposed verge landscape treatment for the southwest corner of Leura

Ave and Gugeri Street, at a cost of approximately $4,000 to the Town and the other $4,000 by the owners of Claremont Court.

2. The ongoing maintenance of the verge tree and hedge as part of the Town’s regular horticultural services, at an approximate cost of $1,200 per year and the reticulation be maintained by the owners of Claremont Court.

INFRASTRUCTURE

LEURA AVENUE – GUGERI STREET VERGE LANDSCAPE TREATMENT (SOUTH WEST

CORNER)

PROPOSED VERGE LANDSCAPE TREATMENT

3 NOVEMBER 2015

ATTACHMENT 1

PAGES 1


Page 32

14 ANNOUNCEMENTS BY THE PRESIDING PERSON

15 ELECTED MEMBERS’ MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

16 NEW BUSINESS OF AN URGENT NATURE APPROVED BY THE PERSON PRESIDING OR BY DECISION OF MEETING

17 CONFIDENTIAL MATTERS FOR WHICH THE MEETING MAY BE CLOSED TO THE PUBLIC

18 FUTURE MEETINGS OF COUNCIL

19 DECLARATION OF CLOSURE OF MEETING

NOTICE OF MEETING - Town of Claremont...2015/11/03 · ORDINARY COUNCIL MEETING AGENDA 3 NOVEMBER,...

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