Ordinary Meeting of Council 14 October 2015 4.2 PROPOSED BARRIER CLOSURE PORTION COTTAGE CLOSE, ELLENBROOK Ward: (Ellenbrook Ward) (Asset Management) Disclosure of Interest: Nil Authorised Officer: (Executive Manager Operations) KEY ISSUES • In accordance with section 3.50 of the Local Government Act 1995 (LGA), a proposal has been received to temporarily close a portion of Cottage Close between Metro Turn and The Parkway, Ellenbrook, by the erection of barriers, as shown on the plan appended to this report. • Lend Lease Pty Ltd, on behalf of the adjoining landowner of Lot 5001 No 25 Cottage Close (LLP WA Village Holdings Pty Ltd), will, in the near future, commence construction of the final stage (Stages 9 & 10) of the retirement village known as the Parkland Villas Ellenbrook. Thirty one grouped dwellings are proposed on Lot 5001. • The barrier closure has been sought to provide for a dedicated area for the site compound and parking and the safety of surrounding residents. • The proposed temporary road closure has been advertised in accordance with section 3.50 of the LGA. Two options for closure were provided for consideration being; o Option 1 - Close to vehicular traffic only and preserve the existing pedestrian access path on the left hand (western) side of Cottage Close. The Lot 5001 and Cottage Close pavement (bitumen) area would be fenced off and the road area utilised to house the lunch room and storage container required. Any machinery and vehicles would be housed on the construction site. This option would require closure of Cottage Close for a period of up to twelve (12) months. o Option 2 - Alternatively, completely restrict vehicular and pedestrian movement whatsoever through the subject area in an attempt to remove any potential conflict between the contractors and pedestrians. This in turn would reduce the timeframe of closure to six (6) months. • At the end of the submission period 15 responses were received. Eight supported the closure (Three submissions for Option 1 and Five for Option 2), Two objected and five other submissions were received from Government or Service Agencies and from the Facility Manager. The Facility Manager provided a submission on behalf of Hermitage Aged Care which accommodates 120 residents and employs 130 people, many of whom utilise the pedestrian access from the facility through to The Parkway and Ellenbrook Shopping Centre and require pedestrian access. It is recommended that the Council approve the temporary road closure of a portion of Cottage Close, Ellenbrook by the erection of barriers in accordance with section 3.50 of the Local Government Act 1995, to prohibit vehicular access for a period of 12 months subject to maintaining pedestrian access through Cottage Close between Metro Turn and The Parkway subject to Lend Lease entering into an agreement with the City to meet certain requirements. Page 1
KEY ISSUES • In accordance with section 3.50 of the Local Government Act 1995 (LGA), a
proposal has been received to temporarily close a portion of Cottage Close between Metro Turn and The Parkway, Ellenbrook, by the erection of barriers, as shown on the plan appended to this report.
• Lend Lease Pty Ltd, on behalf of the adjoining landowner of Lot 5001 No 25 Cottage Close (LLP WA Village Holdings Pty Ltd), will, in the near future, commence construction of the final stage (Stages 9 & 10) of the retirement village known as the Parkland Villas Ellenbrook. Thirty one grouped dwellings are proposed on Lot 5001.
• The barrier closure has been sought to provide for a dedicated area for the site compound and parking and the safety of surrounding residents.
• The proposed temporary road closure has been advertised in accordance with section 3.50 of the LGA. Two options for closure were provided for consideration being;
o Option 1 - Close to vehicular traffic only and preserve the existing pedestrian access path on the left hand (western) side of Cottage Close. The Lot 5001 and Cottage Close pavement (bitumen) area would be fenced off and the road area utilised to house the lunch room and storage container required. Any machinery and vehicles would be housed on the construction site. This option would require closure of Cottage Close for a period of up to twelve (12) months.
o Option 2 - Alternatively, completely restrict vehicular and pedestrian movement whatsoever through the subject area in an attempt to remove any potential conflict between the contractors and pedestrians. This in turn would reduce the timeframe of closure to six (6) months.
• At the end of the submission period 15 responses were received. Eight supported the closure (Three submissions for Option 1 and Five for Option 2), Two objected and five other submissions were received from Government or Service Agencies and from the Facility Manager. The Facility Manager provided a submission on behalf of Hermitage Aged Care which accommodates 120 residents and employs 130 people, many of whom utilise the pedestrian access from the facility through to The Parkway and Ellenbrook Shopping Centre and require pedestrian access.
It is recommended that the Council approve the temporary road closure of a portion of Cottage Close, Ellenbrook by the erection of barriers in accordance with section 3.50 of the Local Government Act 1995, to prohibit vehicular access for a period of 12 months subject to maintaining pedestrian access through Cottage Close between Metro Turn and The Parkway subject to Lend Lease entering into an agreement with the City to meet certain requirements.
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Ordinary Meeting of Council 14 October 2015
BACKGROUND
In accordance with section 3.50 of the Local Government Act 1995 (LGA), an application has been received for the temporary closure, by the erection of barriers, of a portion of Cottage Close between Metro Turn and The Parkway, Ellenbrook as shown on the plan appended to this report.
Lend Lease Pty Ltd, on behalf of the adjoining landowner of Lot 5001 No 25 Cottage Close, (LLP WA Village Holdings Pty Ltd), will shortly commence construction of the final stages of their retirement village known as the Parkland Villas Ellenbrook. Thirty one grouped dwellings are proposed on Lot 5001.
The barrier closure has been sought to facilitate the construction work in order to:
• separate pedestrian and contractor activity during construction;
• to allow provision of a dedicated area for site compound and parking;
• to provide safe and secure access to the construction site and,
• to allow for safe and efficient delivery of landscape upgrades and installation of public art.
DETAILS
The proposed temporary road closure has been advertised in accordance with section 3.50 of the LGA. Two options were proposed for the closure of the subject portion of Cottage Close as follows:
1) Close the road to vehicular traffic only and preserve the existing pedestrian access and path on the left (western) hand side of Cottage Close. The Lot 5001 and Cottage Close pavement area would be fenced off and the road area utilised to house the lunch room and storage container required. Any machinery and vehicles would be housed on the construction site. This option would require closure of Cottage Close for a period of up to twelve (12) months.
2) Alternatively, the second option is to completely restrict vehicular and pedestrian movement whatsoever through the subject area in an attempt to remove any potential conflict between the contractors and pedestrians. This would reduce the timeframe of closure to six (6) months.
At the end of the submission period 15 responses were received. Eight supported the closure (three submissions for Option 1 and five for Option 2), two objected and five other submissions were received from Government or Service Agencies and from the Facility Manager. The Facility Manager provided a submission on behalf of Hermitage Aged Care which accommodates 120 residents and employs 130 people, many of whom utilise the pedestrian access from the facility through to The Parkway and Ellenbrook Shopping Centre and require pedestrian access.
A summary of all submissions received are appended to this report. After consideration of all submissions City officers believe there is merit in supporting a temporary closure of some sort but due to the high number of aged persons within the immediate vicinity, it is not considered desirable to close off the pedestrian access completely for any given period of time.
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Ordinary Meeting of Council 14 October 2015
The closure of pedestrian access through Cottage Close would lead to residents having to travel down Metro Turn onto Villa Pass through to The Parkway. There are limited footpaths available down Metro Turn, which in turn would require residents including the aged to utilise the road pavement thus creating safety issues between vehicles and pedestrians.
A couple of residents raised the question of the Lend Lease utilising Metro Turn and/or Villa Pass however it is advised that along Metro Turn and Villa Pass (through roads with passing traffic) are several vehicle crossover points that utilise these sections of road that would create further safety issues and be more disruptive to the surrounding residents/businesses.
A further option was proposed by Lend Lease during the advertising period to install a 1.8 or 1.5 metre footpath along the verge on the eastern side of Cottage Close and closing the footpath along the western side. However, given the current verge width along the eastern side and the existing landscaping and trees on that side of Cottage Close it would not be possible to accommodate a footpath without removing the landscaping and trees.
ATCO Gas Australia raised no objections to the proposal, however they have advised that any works carried must not impact any existing gas infrastructure and access to their infrastructure must be maintained at all times.
If approved it is recommended that the City enter into an agreement with Lend Lease requiring it to ensure that access to any ATCO Gas Australia infrastructure be maintained at all times and that Lend Lease indemnify the City and take out and maintain suitable public liability insurance against any damage, injury or loss that may result during their use and occupancy of the section of closed road. In terms of the works Lend Lease will also be required to consult with all service authorities through other statutory frameworks prior to any works being carried out onsite to ensure the integrity and access to such services is maintained at all times.
As the temporary road closure involves works and exclusive use of the road it is also proposed that a bond be required to ensure the road and verges are tidied to an acceptable standard and to cover any damage to the verge, road, footpath or landscaping which may occur as a result of the use of the land and associated works. In this regard it is considered an amount of $3,000 (Three Thousand Dollars) bond will be sufficient.
CONSULTATION
Advertising has been undertaken in accordance with section 3.50 of the Local Government Act 1995.
ATTACHMENTS
Plan – Temporary barrier closure Cottage Close, Ellenbrook
Summary of Submissions – Temporary barrier closure Cottage Close, Ellenbrook
STRATEGIC IMPLICATIONS
Nil
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Ordinary Meeting of Council 14 October 2015
STATUTORY IMPLICATIONS
Temporary road closures are effected by section 3.50 of the Local Government Act 1995.
FINANCIAL IMPLICATIONS
All costs associated with the barrier closure are to be borne by Lend Lease.
VOTING REQUIREMENTS
Simple majority
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Ordinary Meeting of Council 14 October 2015
RECOMMENDATION
That the Council resolve to:
1) Approve in accordance with section 3.50 of the Local Government Act 1995 the temporary road closure of portion of Cottage Close, Ellenbrook by the erection of barriers in accordance with Option 1 set out in the body of the report subject to Lend Lease entering into an agreement with City including the following requirements:
a. Preserving the existing pedestrian access and path on the left hand (western) side of Cottage Close; and
b. Providing a $3,000 (Three Thousand Dollars) bond to ensure the road and verges are tidied to an acceptable standard and to cover any damage to the verge, road, footpath or landscaping which may occur as a result of the use of the land and associated works; and
c. Indemnifying the City and taking out and maintaining suitable public liability insurance against any damage, injury or loss that may result during their use and occupancy of the section of closed road; and
d. Liaising with all service providers with infrastructure in the subject section of road reserve, including ATCO Gas Australia, to ensure that the integrity and access to their infrastructure is maintained at all times; and
e. The closure remaining valid for a period of up to 12 (twelve) months or until notice requiring the opening of the road is provided to Lend Lease by the City; and
f. All costs, including the City’s legal costs, associated with the temporary road closure to be borne by Lend Lease.
2) Delegate authority to the Chief Executive Officer to serve notice for the uplifting of the temporary road closure when deemed appropriate.
3) Advertise by local public notice approval of the temporary road closure in accordance with section 3.50 of the LGA.
