City of Fremantle Westgate Mall Pedestrian Access Way - Alternative Proposal (Option 2) - the proposed re-designation (transfer) of Reserve No. 38030 from a PAW to a "Mall Reserve".

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INFORMATION SHEET


City of Fremantle

Westgate Mall Pedestrian Access Way
-

Alternative Proposal
(Option 2)
-

the proposed re
-
designation (transfer) of Reserve No.
38030 from a PAW to a "Mall Reserve".


November

2013



Background Information


Part 1

-

Discontinued Proposal


During April and May of 2012 the City discussed with the senior staff at

the Department of
Lands (DoL)
,

formerly
known as the

Department of
Regional Development

(

RDL
),

to close
off and provide improved security for tenants and
the public alike.
DoL

staff suggested
presenting the City's requirements in a Business Case together with an application to close a
portion of the PAW being the subject Land. The proposal would allow the Land to be
returned to the Crown allowing the
DoL

to lease directly to the City providing the power to
sublease to tenants. With the PAW status removed the blocking off of the Adelaide Street
access leg could be achieved subject to the Minister’s approval. The proposal and process
was further examined w
ith
DoL

on 25 February 2013 as the proposal for the following
resolution of Council at
;


i
t
'
s Ordinary Meeting held on 27 March 2013 (PSC1303
-
43):


1.

APPROVE the proposed temporary closure of a portion of Lot 2130 located within the
Pedestrian Access Way Res
erve No. 38030
-

Westgate Mall, Fremantle (as detailed in
the City's map dated 26 February 2013
-

Figure 1) for the purposes of returning the land
to the Crown as Unallocated Crown Land (UCL)
-

in order for the City for the City of
Fremantle to lease the U
CL directly from the Crown.


2.

Undertake a public consultation and advertising process including a 35 day public
comment period in regard to the proposed temporary closure of a portion of the
Pedestrian Access Way as described in item 1.


3.

Following the
completion of the advertising period, consider the submissions received
during the advertising and public consultation in a report to Council for a final decision
prior to an application being made to the Western Australian Planning Commission
(WAPC) and t
he department of Regional Development and Lands (RDL) requesting the
temporary closure of the Pedestrian Access Way described in item 1.


The advertising period was undertaken during May and June 2013.
At the conclusion of the
advertising period, the City

had received a total of seven (7) written submissions with two (2)
in support and four (4) objecting to the proposal with one (1) in support of the proposed
closure and objecting to the proposed leasing of the subject area. A further two (2)
telephone ca
lls were received on
e

(1) in support and one (1) objecting
-

the objector also
followed up with a written submission.

In summary, the submissions received by the City
indicated a need for the Westgate mall to remain open with any improvements to the area
being fully supported.



Further details regarding the results of
public
advertising are included within the report

(PSC1310
-
153)
to Council with all submissions summarised and tabled in attachment 1
.

CITY OF FREMANTLE
-

INFORMATION SHEET

Westgate Mall Pedestrian Access Way
-

Alternative Proposal (Option 2).


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Part 2
-

Alternative Proposal (Option 2)


On 07 June 20
13, towards the end of the advertising period, the City's Design Advisory
Committee considered a concept plan for a proposed seven (7) storey Hotel development
from the owners of 52 Adelaide Street, Fremantle being the property adjoining Westgate
Mall on t
he south west and north western boundaries. The plan anticipated that an area of
Westgate Mall be utilised for a
l
fresco dining.

On 07 October 2013, the City received a
Development Application (DAP80004/13) from the owners of 52 Adelaide Street, Fremantle
confirming the concept plans for the seven (7) storey hotel (151 rooms) including a ground
floor restaurant with the opportuni
ty to introduce alfresco dining extending into the Westgate
Mall.


The DoL subsequently confirmed, however, that the current PAW classification for Westgate
Mall does not permit licences or leases for alfresco dining and other uses within the reserve.

An
earlier proposal had been investigated in November 2011 where the PAW could be
transferred to a "Mall Reserve" under Section 59 of the Land Administration Act 1997 (LAA)
with the requirement for By
-
Laws to be made by the Management Body pursuant of Section

61 of the LAA
. The By
-
Laws would be necessary

for the installation of gates and
parking
controls
. Due to the lengthy process and legal costs involved to create new By
-
Laws, the
proposal was not supported. After further investigations, the City approved

the public
advertising of the proposed partial temporary closure of the Adelaide Street access leg for
the intention of leasing the land from the Crown
,

being the owner of the land. Part 1 of this
report documents the public comments received in relation

to this proposal.


On 21 August 2013
-

the City received an outcome from the ongoing enquires with the DoL
as to the way to accommodate alfresco dining and future leasing and licences for
commercial activities anticipated for the Westgate Mall, while at t
he same time retaining
public access through the mall. The DoL Legal department examined the City's Outdoor
Eating Area Licence including the City's Local Law relating to outdoor eating areas and
concluded that the provisions as set out in Section 18 of t
he L
and Administration Act 1997
will allow the City to re
-
designate the PAW to a Reserve for the purpose of a "Mall" and
thereby accommodate these activities if the hotel proposal was to proceed.

Further, under
Section 18 of the LAA the City may gate off
the area for security purposes after hours (with
adjoining businesses

retaining

full
after hours access
) without the creation of a Local Law
(subject to the Ministers approval).


Statutory Requirements

The Alternative Proposal (Option 2)

-

requires the re
-
designation of the PAW being the
whole of Reserve No. 38030 to a reserve for the purpose of a "Mall" pursuant of Section 18
of the Land Administration Act 1997 titled "
Various transactions relating to Crown land to be
approved by Ministe
r".


The DoL indicated that the City may
utilise

this section of the Land Administration Act in
preference to the normal provisions for such a request pursuant of Section 59 and 61 of the
LAA.


The
DoL

recommend that the City should re
-
advertise the Alternative Proposal

(Option 2)

to
the public for a period of 35 days.


Summary
of Project


The City has received the results of public comments in relation to Reserve No. 38030 PAW
proposed (temporary) part
ial closure of Lot 2130 in order to provide options to lease and
secure access. The public comments indicated a need for the Mall to remain open and any
improvements to the area would be welcomed.

CITY OF FREMANTLE
-

INFORMATION SHEET

Westgate Mall Pedestrian Access Way
-

Alternative Proposal (Option 2).


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At the time of advertising the City had not received the
proposed
h
otel development concept
plan from the adjoining property at 52 Adelaide Street, Fremantle and as a result an
Alternative Proposal

(Option 2)

is now provided
to

Council that is customised to the future
requirements of Westgate Mall.


Public access to the
whole

of Westgate Mall will remain open
during

retail

and business
trading

hours
with the option to gate off the area for security purposes after hours

-

in
addition all
adjoining businesses

will retain full

access

to

Westgate Mall
aft
erhours
.


Council has

therefore

resolved to undertake a public consultation and advertising process
including a 35 day public comment period with regard to the Alternative Proposal
(Option 2)
as outlined above.


Submissions

Your written comment is invited on
this project
. A submission form is available from the
City’s website at
www.fremantle.wa.gov.au/City_of_Fremantle/Community_engagement

or
from
customer service, town hall centre
, William Street, Fremantle.

Please note that submissions must be received at the City of Fremantle by no later than
10

December

2013
.

Need More Information

on this Project
?

Please don’t hesitate to contact
Kerry

Wood

if you have any further queries in relation to this
project.

Phone:

9432 9
916

E
-
mail:

planning
@fremantle.wa.gov.au

Community Consultation Web Page

The City of Fremantle

also provides the opportunity for the community to participate in the
consultation process of other projects currently being undertaken within the City.

For further information on these projects, we invite you to visit our web site at:
www.fremantle.wa.gov.au
.