Rarely a Dull Moment - Golf, Kids, Policy, Holiday Lets - & Nunzio’s

Well, here’s the report on the Ordinary Council Meeting of City of Fremantle of Wednesday night, 12 February 2025.

Plenty of interesting planning matters to ponder over this fortnight. Golf, children, policy, and holiday lets – and Nunzio.

Public Statement Time was also much shorter this time, perhaps because many people felt they’d expressed themselves already at the Annual Electors Meeting last week on 3 February.

Let’s start with golf.

MONTREAL STREET GOLF COURSE

Who’ll take a swing at the future golf club and driving range at the Fremantle Public Golf Course on No. 20 (Lot 555) Montreal Street, Fremantle?

The former golf course club facilities were demolished in 2020, replaced by temporary demountables ever since.

The Business Plan for this proposal was previously brought before Council on 28 February 2024. Concerns at that time related to value for ratepayers, a lack of community facilities in the area exacerbated by the Fremantle Bypass project, car parking demand in the area, tree removal, and light / noise impact on local wildlife (including our remarkable microbats!).

Site Plan of Proposed Golf Course Club Facilities and Driving Range – City of Fremantle 12 February 2025 Council Report

The land, which forms part of Booyeembara Park, is a Parks and Recreation Reserve under the Metropolitan Region Scheme which means that the City of Fremantle local planning policies and Local Planning Scheme No 4 don’t govern the proposal. Rather, instruments such as Development Control Policy 5.3 – Use of Land Reserved for Parks and Recreation and Regional Open Space inform the planning assessment, for instance.

The new club and facilities comprise of:
• A two storey driving range facility with 40 tee boxes/booths.
• A ‘pro shop’ for the retail sale of golf merchandise.
• A lounge/ bar on each level. [*not open to the general public, one was aggrieved to hear]
• Kitchen facilities on the ground level.
• Enclosed deliveries, bin storage and waste collection area.
• A kiosk/servery window on the Booyeembara Park aspect of the building.
• Associated end of trip facilities and storage facilities, including showers.
• Construction of 36 car parking bays located in front of the building.
• Formalising of five (5) bays in the street verge in front of the building (currently unmarked).
• Construction of an additional car park to the north consisting of 30 bays.
• Construction of an additional 27 bays in the street verge along Montreal Street.
• Five (5) bicycle racks (sufficient for ten (10) bicycles) at the front door.
• 24m high netting along the north side and 36m high netting along the south side of the driving range.
• Installation of landscaping.

The proposal was viewed favourably by the City’s Design Advisory Committee and, comfortingly, was not deemed to raise any further alarm bells regarding contamination beyond what is already there, as far as the Department of Water and Environmental Regulation are concerned!
Advertising of the works during 9 December 2024 to 14 January 2025 attracted 25 community submissions.

In response to City and community feedback, amendments have been made to the original design including windows, landscaping, access, bicycle parking, and materiality to include “recycled timber, limestone cladding and hot dip galvanised steel cleats”. The officer report observes that in addition to the 7 trees earmarked for removal, the future of a further 15 trees in the path of the northern carpark and the olive grove is not certain.

Either way, it certainly represents a departure to what was envisaged during the preparation of the 2021 Booyeembara Park Landscape Plan and previous Fremantle Public Golf Course and Community Facility Proposal formulated in consultation with locals and the Booyeembara Park Reference Group.

Cr Ben Lawver moved for a minor amendment to the officer recommendation to request two trees for every tree lost to the development, Cr Archibald moved for increased seating and shade to be provided for golfer customers. Last but not least, Mayor Fitzhardinge also popped in an amendment encouraging the future cafe operator to “consider sustainable, plastic-free packaging options in the ground floor kiosk”.

All motions succeeded.

Council unanimously resolved to refer the proposal to the Western Australian Planning Commission with a recommendation for conditional approval under the Metropolitan Region Scheme.

CHILD CARE PREMISES IN MCCOMBE AVENUE, SAMSON

This item concerns proposed Child Care Premises at No. 40 (Lot 303) McCombe Avenue, Samson.

It was the culmination of much debate over community benefit, economic viability, demographics, and opportunity. This proposal dominated much of this meeting’s discussion.

Concept designs for the Child Care Premises in Samson – City of Fremantle 12 February 2025 Council Report

The Child Care Premises application proposes:
• A single storey building on a site earmarked for a Local Centre development (i.e. shops & housing at a density of 60 households per hectare, potentially);
• Up to 104 children composed of:
– 0 to 2 years – 24 children
– 2 to 3 years – 40 children
– 3 to 5 years – 40 children
• Hours of operation: 6:30am to 6:00pm Monday to Friday excluding public holidays (the outdoor play will not be used before 7am);
• 18 staff members at any given time;
• 29 carparking bays;
• Changes to vehicular access onsite;
• Landscaping and fencing.

A local resident since 1988 objected during Public Statement Time on the basis the community would lose any shop possibility in Samson, will be “only suburb in City without a shop” as it is surrounded by four main roads. Another considered they are being “screwed over” after the only shops available were bulldozed with the promise of a mixed use development including shops that did not eventuate.

Another, prefacing their statement with a very long list of credentials, and news of a baby on the way (congratulations to you, sir!) considered a child care premises would not add well to the social fabric of Samson for a myriad of reasons, inclusive of an anticipated future birthrate collapse.

And others raised traffic concerns, naturally.

The advertising period, held during 21 May to 6 June 2024, garnered 67 submissions. 59 objected, 8 supported. The objections focussed on noise, traffic, other child care premises close by, and the desire for local shops or a community hub to occupy the site instead.

It does not help matters that this site falls within a Bushfire Prone Area, which renders this a Vulnerable Land Use and triggers stringent design and emergency evacuation procedure requirements. Or that there is an existing child care premises neighbouring it at the Samson Recreation Centre!

Cr Lawver moved for an alternative motion to the officer recommendation and called for it to be refused based upon his discussions with local families and aspersions over land use potential. His motion was lost.

So accordingly, Council resolved to issue conditional approval to the proposal, with all except Cr Sullivan voting in favour.

SHORT TERM RENTAL ACCOMODATION IN THE SCHEME

Anyone who stays in, lives next to, or owns, an Airbnb or similar may find this item interesting. It involves an outcome to the long-anticipated changes at State Government level to the planning framework regarding Short Term Rental Accommodation.

In fact, the project is called “Levelling the Playing Field”, and arose from years of complaints by traditional holiday accommodation providers (like hotels and B&Bs), irritated neighbours, and irritated local governments, about the unprecedented impact of short stay accommodation platforms in Western Australia.

These changes bring a tranche of planning regulation into the operation of short stays, including requiring inclusion on a statewide register administered by the Department of Energy, Mining Regulation, and Safety, and provide uniform requirements about exactly when planning approval is required for a short stay. All affected WA local governments must now ensure their local planning instruments conform with the changes. That can all be accessed here, in case you are indeed interested.

The original concept seemed innocent enough: let out your spare room to a guest so they can feel like a local. Or perhaps even let out the entire house!

Cue a flood of short stays into housing adobes, inclusive of traditionally quiet streets and apartment buildings. Some worked more cooperatively in their surrounds than others. Some local governments chose to attempt to regulate these as a separate land use and require trifectas of approvals, others simplified it, others outright banned them.

I’m summarising greatly, here. But I promise you every local government planner has a story to tell you about short stays.

Council unanimously resolved to:
1. Determines that Amendment 88 to the City of Fremantle Local Planning Scheme No. 4 as shown in Attachment 1 does not require referral to the Environmental Protection Authority (EPA) under clause 81(2) of the Planning and Development Act 2005.
2. Authorises the Mayor and CEO to sign and affix the City seal on behalf of Council on all necessary documentation relating to the advertising of Amendment 88 to the City of Fremantle Local Planning Scheme No. 4.
3. Proceeds to seek approval from the WAPC and the Minister for Planning to advertise Amendment 88 to the City of Fremantle Local Planning Scheme No. 4 as shown in Attachment 1 in accordance with regulation 46A(1) of the Planning and Development (Local Planning Schemes) Regulations 2015.
4. Resolves that the amendment is a Standard Amendment in accordance with regulation 34 of the Planning and Development (Local Planning Schemes) Regulations 2015 as the amendment is:
a. Any other amendment that is not a complex or basic amendment because, in accordance with Planning Bulletin 115/2024, any amendment that introduces new land use permissibility is treated as a standard amendment.
5. Notes that, upon receiving approval to advertise, Amendment 88 will be advertised for 42 days, unless otherwise approved by the WAPC, and then be referred back to Council for a final recommendation.

SWEEPING UP – LOCAL GOVERNMENT PLANNING POLICY REVIEW AND CONSOLIDATION

Largely unsung and barely noticed by the community most of the time, but if you ask planners and developers successfully reviewing a swathe of local planning policies merits a public holiday. Anyone else think so? No? Just me then.

A gargantuan task depending on the circumstances, or how convoluted the policies, it saves a bucketload of time for all involved once finally completed. And explains why some state planning policies haven’t been reviewed in decades.

The report summarises this project as:
“the program of reviewing the entire suite of the City’s 83 existing local planning policies over the next 18 months and to present the first tranche of policy changes.”

This particular item constitutes step one, focussing on planning administration and procedures. Good solid start. 7 policies shall be revoked altogether, 3 will be streamlined and combined, and another will be updated.

These are:
• Local Planning Policy 1.1 Amendment and Extension to the Term of Planning Approval
• Local Planning Policy 1.2 Refunding and Waving/Reducing of Planning Feeds and Building Feeds
• Local Planning Policy 1.3 Public Notification of Planning Proposals
• Local Planning Policy 1.4 Applications for Review of Town Planning Decisions and Written Directions
• Local Planning Policy 1.5 Planning Compliance
• Local Planning Policy 1.8 Neighbour Mediation
• Local Planning Policy 1.10 Construction Sites
• Local Planning Policy 1.11 Planning and Development Act 2005, Part 17 Development Application Submissions
• Local Planning Policy DBU8 Outdoor Eating Policy (Tables and Chairs)
• Local Planning Policy DBM7 Cash in Lieu of Carparking for the City of Fremantle
• Local Planning Policy DBH9 Procedures for the Recording and Assessment of Places of Heritage Value

Many of these policies are now superseded by State Government policies or guidelines, modern local government practices, or are simply capable of being whittled down into something more shapely. As they are administrative in nature, public advertising requirements were not triggered.

The Recommendation Action for Each Policy – City of Fremantle 12 February 2025 OCM Report

Council resolved unanimously, with a minor amendment to the officer recommendation, that it:
1. Notes the ongoing policy review program as indicatively set out in Attachment 1 and the general principle of simplifying and contemporising the local planning framework to make it fit for purpose.
2. Revokes the following local planning policies in accordance with regulation 6 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015:
a. 1.5: Planning Compliance
b. 1.8: Neighbour Mediation
c. 1.10: Construction Sites
d. 1.11: Planning and Development Act 2005, Part 17 Development Application Submissions
e. DBU8: Outdoor Eating Policy (Tables and Chairs) (Interim Policy)
f. DBM7: Cash in Lieu of Carparking Policy
g. DBH9: Procedures for the Recording & Assessment of Places of Heritage Value
3. Amends local planning policy 1.4: Applications for Review of Planning Decisions and Written Directions as set out in Attachment 7 and determines that advertising is not required in accordance with regulation 5 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.
4. Endorses for advertising new Local Planning Policy 1.1: Planning Refunds, Amendments, and Community Engagement as set out in Attachment 2 in accordance with regulation 3 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.
5. The City review the need for a future cash in lieu of parking policy as part of the broader planning policies review, to be brought back to Council for further consideration following adoption of the City Plan.

NUNZIO TO RETIRE!

Many happy returns to Nunzio Gumina, pillar of the Cappuccino Strip as one of the very first to introduce alfresco dining via Papa Luigis and founder of beloved restaurant Nunzios, who has announced his retirement and the closure of his restaurant.

In other business, Mayor Fitzhardinge and Cr Camarda warmly recounted Nunzio’s “incredible career” history in the Fremantle locality since his arrival from Sicily and acknowledged the role he played in Fremantle’s hospitality and supporting the arts community.

The closure of Nunzios leaves many fond memories, empty stomachs, and yours truly scratching their head while wondering what to do about the booking we had for my partner’s birthday dinner. Hmmmm.

OTHER NEWS

Fremantle’s youngest councillor, Cr Williamson-Wong, provided an update on the court findings of the imperilled WAEC ballot papers calling her appointment as councillor into question. Both complaints were dismissed. While the error of swapping the ballots was “momentous”, no evidence of fraud was found. It proved to be a “great learning experience” for Cr Williamson-Wong, whom we can now confidently say has been validly elected. You will find FSN’s report on the case, An Embarrassing Storm In A Teacup, right here.

Additionally, the City approved the purchase of a 24/7 public toilet facility for the corner of Collie & Market Streets and the payment of superannuation to elected members in accordance with statewide reforms.

That’s all for this fortnight, thanks for tuning in.

Until next time.

By Gayle O’Leary. If you’d like to catch up on more by Gayle here on Fremantle Shipping News, look right here!

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