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Budget/Financial Implications
N/A
Legal Implications
Nil
Community Consultation
Advertised for public comments from 11/7/2003 to 8/8/2003 in local papers and adjoining owners and relevant authorities were sent letters advising the proposal.
Implications of Section 3.18(3) Local Government Act, 1995
Nil.

14.9


RECOMMENDATION

That Council:


(1) approve the proposed Temporary Use of a Transportable Building for use as a Classroom on Lot 67; 4 Homestead Avenue, Bibra Lake subject to the following conditions:
STANDARD CONDITIONS
1. Development may be carried out only in accordance with the terms of the application as approved herein and any approved plan.


2. Nothing in the approval or these conditions shall excuse compliance with all relevant written laws in the commencement and carrying out of the development.
3. No activities causing noise and/or inconvenience to neighbours being carried out after 7.00pm or before 7.00am, Monday to Saturday, and not at all on Sunday or Public Holidays.
4. The premises shall be kept in a neat and tidy condition at all times by the owner/occupier to the satisfaction of the Council.


5. All stormwater drainage shall be designed in accordance with the document entitled "Australian Rainfall and Runoff" 1987 (where amended) produced by the Institute of Engineers, Australia, and the design is to be certified by a suitably qualified practicing Engineer and designed on the basis of a 1:10 year storm event.
6. All stormwater being contained and disposed of on-site to the satisfaction of the Council.
7. The vehicle parking area shall be sealed, kerbed, drained and line marked in accordance with the approved plans and specifications certified by a suitably qualified practicing Engineer to the satisfaction of the Council.


SPECIAL CONDITIONS
8. The total number of students enrolled at the school shall not exceed 90.
9. Parents shall not park on the street pavement or verge area in either Homestead Avenue or Hope Road, with the exception of the verge area abutting Meller Park on Hope Road when dropping off or picking up children.
10. No classes or school related activities are to be conducted on Saturday, Sunday and public holidays, excluding the maintenance of the school buildings and grounds, commencing from beginning of the 2004 school year.


11. The school is to establish and immediately implement a formal complaints policy and procedure to the satisfaction of the Council.
12. Provision of one (1) bicycle rack for every four (4) primary school students.
13. This approval shall expire on the date of conclusion of the second school term (June 2004), and the transportable building shall be removed from the site within 14 days, unless the Council has granted approval for a renewal of the planning permission.


FOOTNOTES
1. This approval supersedes the approval issued by Council at its Ordinary Meeting held 20 May 2003.
2. The development is to comply with the requirements of the Building Code of Australia.
3. The use of the premises must comply with the Health (Food Hygiene) Regulations 1993 and Chapter 3 of the Australian New Zealand Food Standards Code (Australia Only).
4. This development has been defined as a public building and shall comply with the provisions of the Health Act 1911 relating to a public building, in the Public Building Regulations 1992. An application to construct, extend or alter a public building is to be submitted with the Building Licence application.


5. The development is to comply with the Environmental Protection Act 1986 which contains penalties where noise exceeds the limits prescribed by the Environmental Protection (Noise) Regulations 1997.
6. The drainage of all car parking areas and access ways so as to ensure that the site is drained and provision is made for the disposal, to the satisfaction at all times of the Council, of roof water, water from paved areas and all other stormwater PROVIDED THAT the approval of a particular design to achieve the foregoing purposes or the issue of a building licence shall not imply that the Council is satisfied once and for all that the applicant has complied with this condition and the Council may require compliance with this condition at any time in the future if it is not satisfied that the site has been drained in accordance with this condition. (Ref. Engineering Department)"


7. Uncovered parking bays shall be a minimum of 5.5 x 2.5 metres, clearly marked on the ground and served by a 6 metre wide paved accessway.
(2) issue a Schedule 9 Notice of Determination on Application for Planning Approval to the applicant accordingly; and
(3) advise those who lodged submissions of the Council decision.




COUNCIL DECISION

MOVED Clr S Limbert that Council not approve the proposed temporary use of a transportable building for use as a classroom on Lot 67, 4 Homestead Avenue, Bibra Lake.


MOTION LAPSED FOR WANT OF A SECONDER

MOVED Clr M Reeve-Fowkes SECONDED Clr I Whitfield that the recommendation be adopted.


CARRIED 8/1





Background


ZONING:

MRS:

Urban




TPS3:

Residential R20

LAND USE:

Pre-School, Junior Primary & Middle Primary School

LOT SIZE:

2,101m2

AREA:

Transportable Building 30.2m2

USE CLASS:

Educational Establishment

At its Ordinary Meeting held 20 May 2003 Council granted town planning approval for additions to the school. The additions included the construction of a classroom, small library, storage room and administration block totalling 191m2 of building floor space on the property’s eastern boundary. The additions were proposed to allow the school to accommodate existing students who will be moving into grades 4-7.


The Blue Gum Montessori School has since determined that it is not in the best interests of the school in the long term to build the proposed additions which Council approved at the above meeting. This is due to a number of reasons, one of which primarily is due to the capping of 100 students for the school imposed by Council at its 20 May 2003 meeting. The school recognises that the current site is quite restricted in terms of expansion and it is foreseeable that the site cannot support the long term vision and function of the school. It is therefore proposed that temporary arrangements for students be made whilst the school investigates its options. The proposed transportable building for a classroom will accommodate existing students who will be moving into grades 4-7.
Submission
Council has received an application dated 29 July 2003 from the Blue Gum Montessori School for planning approval for the use of a temporary transportable building for a classroom. The flat roof, rectangular shaped, transportable building is constructed of colorbond cladding (colour “Mist Green”) having dimensions of 3.6 x 8.4m (30.24m2) and 2.9m from the ground to the roof (2.4m from floor to ceiling). The location of the transportable classroom is in the south-east section of the property, setback 4.2m from the side boundary and 1.1m from the school carpark.
Report
Zoning
The subject site is zoned “Residential R20” under the City of Cockburn Town Planning Scheme No.3. An “Educational Establishment” is a “D” use within a Residential Zone under the Zoning Table of the Scheme. The Scheme specifies that a “D” use means that the use is not permitted unless the local government has exercised its discretion by granting planning approval. The application has been referred to Council for determination following receipt of submissions from landowners of neighbouring properties objecting to the proposal.
Community Consultation
In accordance with the requirements of the Scheme, the proposal was advertised for comment. At the conclusion of the advertising period two submissions were received both objecting to the proposal. The nature of the objections relate to noise levels from the operation of the school and fears that the school will subtly expand and exceed its 100 student limit.
In addressing issues of noise and the future expansion of the school, Council at its meeting held 20 May 2003 resolved to approved additions to the school subject to conditions, which included the following:


  • No activities causing noise and/or inconvenience to neighbours being carried out after 7.00pm or before 7.00am, Monday to Saturday, and not at all on Sunday or Public Holidays.




  • The total number of students enrolled at the school shall not exceed 100.”

The current application for a transportable building is different to the previous application and should be assessed on its own merits. The applicant proposes a maximum of 89 students at the school as a result of the transportable building addition. It is recommended that the above conditions be imposed for the current application but with a limitation of 90 students instead of 100 due to the smaller scale of the development. Even though the proposed development is smaller in scale to the previous application, it is considered that with the addition of the transportable classroom, the site will be fully developed as an educational establishment.


Compliance with Town Planning Scheme No.3
The application complies with the car parking, building setbacks, building height/scale, landscaping and amenity provisions of the Scheme. The transportable building is considered an acceptable temporary addition to the school. The applicant has advised Council that the transportable building should only be required for a minimum of 1 school term and a maximum of 3 school terms, which would extend through to the end of the second school term in June 2004. In order to provide certainty to the applicant and submittors, it is recommended that Council grant a Temporary Planning Approval, expiring at the end of the second school term June 2004, pursuant to Clause 10.6 of the Scheme.
Conclusion
As the application complies with the provisions of the City of Cockburn Town Planning Scheme No.3 and is of lesser scale than the previous approved additions and is located further away from the eastern property boundary, it is considered that the application can be conditionally approved.
Strategic Plan/Policy Implications
The Corporate Strategic Plan Key Result Areas which apply to this item are:-
1. Managing Your City

  • "To conduct Council business in open public forums and to manage Council affairs by employing publicly accountable practices."

2. Planning Your City



  • "To ensure that the development will enhance the levels of amenity currently enjoyed by the community."

  • "To foster a sense of community within the district generally and neighbourhoods in particular."

3. Conserving and Improving Your Environment



  • "To conserve the character and historic value of the human and built environment."

  • "To ensure that the development of the district is undertaken in such a way that the balance between the natural and human environment is maintained."

The Council Policies which apply to this item are:-


Apd17 Standard Development Conditions And Footnotes
Budget/Financial Implications
N/A
Legal Implications
N/A
Community Consultation
Application advertised for comment.
Implications of Section 3.18(3) Local Government Act, 1995
Nil.

14.10


RECOMMENDATION

That Council:


(1) receive the petition and letter from Mrs H Lang opposing the proposed development of a cafe/kiosk at Bibra Lake;
(2) advise Mrs H Lang that;
1. Council has previously commissioned independent surveys and sought expert advice on the proposed development of a café/kiosk at Bibra Lake and, based on that advice, Council at its meeting held on 17 June 2003 resolved to proceed with the proposal and call for submissions from suitably qualified and experienced consultants to manage the project; and
2. A business plan for the project will be prepared as part of the project and will be advertised for public comment.



COUNCIL DECISION



Background
Council at its meeting held on 15 May 2001 (Item 19.1), resolved that a report be presented to a future Council Meeting on the possibility of establishing a restaurant, café or fixed–building Kiosk on the Bibra Lake Reserve.
At its meeting held on 21 August 2001 (Item 14.14), Council resolved to:-
(1) appoint a suitable consultant to undertake the market research to determine community acceptance and patronage of a restaurant/café/kiosk located on Lot 309 Progress Drive, Bibra Lake;
(2) appoint a suitable consultant to undertake environmental and geotechnical investigation on a site adjacent to and just south of the playground equipment located on Lot 309 Progress Drive Bibra Lake, to determine the suitability of the site for a restaurant/café/kiosk;
(3) as part of the public consultation process and through the “Cockburn Soundings’ publicise and entice comments and submissions from the ratepayers and interested users of the parkland as to the proposed restaurant/café; and
(4) transfer $15,000 from the Land Development Reserve Fund to undertake (1) and (2) above. “
At its meeting held on 19 March 2002 (Item 14.3), it was resolved that Council:
(1) determine all the necessary approvals required to facilitate the construction of a Café/Kiosk on Lot 309 Progress Drive within the Bibra Lake Reserve and the level of support from the decision making authorities to the proposal;
(2) subject to (1) above, engage the services of a suitably qualified commercial consultant to prepare a report on the viability of the proposed Café/Kiosk at Bibra Lake;


  1. following the outcome of (1) and (2), prepare a Business Plan for the establishment and operation of a Café/Kiosk within the Bibra Lake Reserve for Council’s consideration; and


(4) advise the Bibra Lake Residents Association and North Lake Residents Association of Council’s decision.”
Council at its meeting held on 17 June 2003 considered the Economic Modelling and Financial Feasibility report on the proposed Bibra Lake café/kiosk and resolved to
(1) receive the report;
(2) provide $400,000 on the 2003/04 Municipal Budget for the project management, design, construction and servicing of the Bibra Lake Café/Kiosk;
(2) call for submissions from suitably qualified and experienced consultants to manage the Bibra Lake Café/Kiosk project on a phased basis;
(3) require the preparation of a report on the submissions by consultants for the project management of the Bibra Lake Café/Kiosk project for consideration by Council; and
(4) defer the requirement for the preparation of a Business Plan until such time as accurate development costing and lease arrangements are known.”
Submission
Mrs H Lang of Coolbellup has presented a 400 signature petition opposing the proposed Bibra Lake Café/kiosk.
Report
The petition itself states “We the undersigned do oppose a kiosk being built at Bibra Lake”. It provides no reasons or on what basis the proposed cake/kiosk is opposed.
The letter from Mrs H Lang accompanying the petition states that;


  • The existing caravan is doing a good job, the prices are good and it is uniquely different to other reserves.

  • Whilst enjoying a coffee and snack after a walk, she and others spoken to would not use the proposed café/kiosk on principal.

  • Concerned that the facility will be vandalised like other improvements that have been provided in that locality.

  • Disagrees with the view that you won’t have to go to Fremantle to get a coffee if the café /kiosk is established arguing that people go to Fremantle as there is more to do.

There are 400 signatures on the petition of which approximately 50% were people living within the City. The balance were drawn from a wide area from Mandurah to Duncraig and Byford/Armadale.


Council has previously sought community views on the proposed café/kiosk and obtained the following;


  • The survey undertaken by Patterson Market Research in December 2001 found that the majority of respondents (73%) were in favour of a permanent food and drinks facility at Bibra Lake similar and 48% indicated that the development of the facility would increase their use of the area. Only 6% claimed that such a move would put them off future visits.




  • An article on the proposed Café/Kiosk was included in the December 2001 edition of Cockburn Soundings. Ten letters of support and four against were received from residents in the area in response to the article. The Bibra Lake Residents Association also made a submission opposing the proposal.

The outcomes of the independent research and surveys do not accord with the points made in the letter by Mrs H Lang against the proposed development.


It recommended that Council note the petition and advise the organiser, Mrs H Lang, that Council has previously commissioned independent surveys and sought expert advice and, based on that advice, Council at its meeting held on 17 June 2003 resolved to proceed with the proposal and call for submissions from suitably qualified and experienced consultants to manage the project.
Strategic Plan/Policy Implications
The Corporate Strategic Plan Key Result Areas which apply to this item are:-
1. Managing Your City

  • "To deliver services and to manage resources in a way that is cost effective without compromising quality."

  • "To conduct Council business in open public forums and to manage Council affairs by employing publicly accountable practices."

2. Planning Your City

  • "To ensure that the planning of the City is based on an approach which has the potential to achieve high levels of convenience for its citizens."

  • "To ensure that the development will enhance the levels of amenity currently enjoyed by the community."

The Planning Policies which apply to this item are:-


Nil
Budget/Financial Implications
N/A
Legal Implications
N/A
Community Consultation
The community consultation has been limited to the survey conducted by Paterson Market Research in December 2001, together with an article in December 2001 issue of the Cockburn Soundings. Letters of advice were also sent to the Bibra Lake and North Lake Residents Association in April 2003.
The required business plan will be advertised for public comment at the appropriate time in the process.
Implications of Section 3.18(3) Local Government Act, 1995
Nil.

14.11


RECOMMENDATION

That Council:


(1) receive the report;
(2) accept the tender submitted by Voran Consultants for the total cost of $38,428.50 to project manage the Bibra Lake café/kiosk project; and

(3) authorise the Chief Executive Officer to expend additional funds based on the hourly rates as specified in the tender documents for any agreed additional work.






COUNCIL DECISION





Background
Council at its meeting held on 17 June 2003 considered the Economic Modelling and Financial Feasibility report on the proposed Bibra Lake café/kiosk and resolved to call tenders for the project management of the proposal.
Submission
Tenders from Project Directors Australia Pty Ltd and Voran Consultants
Report
The tender for the appointment of a project manager to manage the Bibra Lake café/kiosk project was advertised in the West Australian on 30 July 2003 and closed at 2.30pm on Thursday 14 August 2003.
At the close of the tender period the following two tenders had been received;


  1. Project Directors Australia Pty Ltd

  2. Voran Consultants

The tenders were assessed by a panel comprising;


Manager Planning Services, Mr Allen Blood

City Land Officer, Mr Kevin Sim


The tenders were assessed against the criteria set out in clauses 1.7.1 and 1.7.2 of the tender document which are as follows;



  • Demonstrated experience in completing similar projects 25%

  • Skills and experience of Key personnel 25%

  • Tenderer’s resources 15%

  • A demonstrated understanding of the required tasks 15%

  • Tendered price 20%

Relevant information is as follows:-




  • Both tenderers provided details demonstrating relevant experience in land development, building, project management and marketing.

Tender prices were requested two options for phase 5 of the project being for the construction of the café/kiosk by Council (Option a) and for a ground lease with Council providing all servicing infrastructure (Option b). A copy of the relevant section of the tender document setting out the various phases is contained in the Agenda attachments. For phase 5a and 5b the tender document provided the option for the tenderer to provide a fixed price or percentage of contract value. Both tenderers offered a fixed price only.


Option 5a (Council construction of the facility) involves the maximum extent of work and is the most likely scenario and accordingly the tender prices have been assessed on the basis of phases 1 to 5a. If the project had been assessed on the basis of a ground lease as per 5b, the assessment would have favoured Voran Consultants, given their price was considerably cheaper than Project Directors Australia Pty Ltd.
LUMP SUM TENDER PRICES FOR PHASES 1 TO 5a


Tender No

Consultant

Tender Price (Incl GST)

1

Project Directors Australia Pty Ltd

40,700.00

2

Voran Consultants

38,428.50

The results of the multi criteria assessment were as follows




Tender No

Consultant

Total Score

1

Project Directors Australia Pty Ltd

65.71

2

Voran Consultants

71.29

Voran Consultants scored highest in the multi criteria assessment and was the lowest priced tender.


In accordance with the outcome of the multi criteria assessment, it is recommended that Voran Consultants be appointed as project manager for the Bibra Lake café/kiosk project.
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