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Minutes

Special Council Meeting

2 May 2019

Attention

These Minutes are subject to confirmation.

Prior to acting on any resolution of the Council contained in these minutes, a check should be made of the Ordinary Meeting of Council following this meeting to ensure that there has not been a correction made to any resolution.

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Table of Contents

Declaration of Opening....................................................................................Present and Apologies and Leave Of Absence (Previously Approved)..........1. Public Question Time.....................................................................2. Addresses by Members of the Public.............................................3. Disclosures of Financial Interest.....................................................4. Disclosures of Interests Affecting Impartiality.................................5. Declarations by Members That They Have Not Given Due

Consideration to Papers.................................................................6. Local Planning Scheme 3 – Local Planning Policies......................Declaration of Closure...................................................................................

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City of Nedlands

Minutes of a special meeting of Council held in the Council chambers, Nedlands on Thursday 2 May 2019 at 6.00 pm for the purpose of considering Local Planning Policies.

Declaration of Opening

The Presiding Member declared the meeting open at 6.02 pm and drew attention to the disclaimer below.

(NOTE: Council at its meeting on 24 August 2004 resolved that should the meeting time reach 11.00 p.m. the meeting is to consider an adjournment motion to reconvene the next day).

Present and Apologies and Leave Of Absence (Previously Approved)

Councillors His Worship the Mayor, R M C Hipkins (Presiding Member)Councillor I S Argyle Dalkeith WardCouncillor W R B Hassell (until 6.58 pm) Dalkeith WardCouncillor A W Mangano Dalkeith WardCouncillor C M de Lacy Hollywood WardCouncillor B G Hodsdon Hollywood WardCouncillor T P James Melvista WardCouncillor N W Shaw Melvista WardCouncillor N B J Horley Coastal Districts WardCouncillor K A Smyth Coastal Districts Ward

Staff Mr M A Goodlet Chief Executive OfficerMrs L M Driscoll (until 8.58 pm) Director Corporate & StrategyMr P L Mickleson Director Planning & DevelopmentMs M Hulls (until 8.58 pm) Acting Director Technical ServicesMrs N M Ceric Executive Assistant to CEO & Mayor

Public There were 5 members of the public present.

Press Nil.

Leave of Absence Nil.(Previously Approved)

Apologies Councillor L J McManus Coastal Districts WardCouncillor J D Wetherall Hollywood WardCouncillor G A R Hay Melvista Ward

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Special Council Minutes 2 May 2019

Disclaimer

Members of the public who attend Council meetings should not act immediately on anything they hear at the meetings, without first seeking clarification of Council’s position. For example by reference to the confirmed Minutes of Council meeting. Members of the public are also advised to wait for written advice from the Council prior to taking action on any matter that they may have before Council.

Any plans or documents in agendas and minutes may be subject to copyright. The express permission of the copyright owner must be obtained before copying any copyright material.

1. Public Question Time

Nil.

2. Addresses by Members of the Public

Nil.

3. Disclosures of Financial Interest

The Presiding Member reminded Councillors and Staff of the requirements of Section 5.65 of the Local Government Act to disclose any interest during the meeting when the matter is discussed.

There were no disclosures of financial interest.

4. Disclosures of Interests Affecting Impartiality

The Presiding Member reminded Councillors and Staff of the requirements of Council’s Code of Conduct in accordance with Section 5.103 of the Local Government Act.

5. Declarations by Members That They Have Not Given Due Consideration to Papers

Policies recommended for revoking were not attached to the agenda and therefore it was up to Councillors to look up and review these policies themselves and some may not have been able to do this.

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Moved – Councillor SmythSeconded – Councillor James

That Standing Order 9.5 and 10.11 (2) be suspended to allow Councillors to speak more than once and allow more than 2 amendments on any one resolution.

CARRIED UNANIMOUSLY 10/-

6. Local Planning Scheme 3 – Local Planning Policies

Council 2 May 2019Employee Disclosure under section 5.70 Local Government Act 1995

Nil.

Director Peter Mickleson – Director Planning & Development CEO Mark GoodletPrevious Item Nil.

Attachments

1. Draft Residential Development LPP2. Draft Parking LPP3. Draft Heritage LPP4. Draft Child Care Premises LPP5. Draft State Administrative Tribunal – Process and

Procedures LPP 6. Draft Refunding / Waving Fees LPP7. Draft Planning Compliance LPP8. Draft Signs LPP9. Draft Consultation of Planning Proposals LPP;10. Draft Exempt Development LPP11. Draft Swanbourne Design Guidelines A LPP12. Draft Swanbourne Design Guidelines B LPP13. Draft Hollywood Design Guidelines LPP

Regulation 11(da) – Council determined to amend the Administration Recommendation to better reflect its desired planning outcomes for the Nedlands Community.

Moved – Councillor ShawSeconded – Councillor Argyle

That the Recommendation to Council be adopted.(Printed below for ease of reference)

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AmendmentMoved - Councillor SmythSeconded - Councillor Shaw

That Council instructs the CEO to include in every Local Planning Policy to be adopted or advertised, an additional point under item “2.0 Application of Policy” that lists what is exempt or excluded from the Policy;

The AMENDMENT was PUT and was Lost 3/7

(Against: Crs. Argyle Hassell Mangano de Lacy Hodsdon James & Shaw)

Councillor Hassell retired from the meeting at 6.58 pm.

Councillor Mangano left the room at 6.59 pm.

AmendmentMoved - Councillor JamesSeconded - Councillor Smyth

The 1a. Residential Development Local Planning Policy clause 4.2.1 (ii) ‘the carport is setback a minimum of 2.5m from the primary street’ be amended to ‘the carport is setback a minimum of 3.5 m from the primary street’.

Councillor Mangano returned to the room at 7.01 pm.

The AMENDMENT was PUT and was CARRIED 6/3

(Against: Crs. de Lacy Hodsdon & Shaw)

AmendmentMoved - Councillor SmythSeconded - Councillor James

Adds to 1 a Residential Development Local Planning Policy clarification regarding R-Code Amendments 4.3, 4.4, 4.5, 4.6 as to whether the exclusion applies for: “Clause 26 (1) of LPS 3 states: In relation to land coded R10, R12.5 and R15, other than lots identified in Schedule 2 – St John’s Wood and Schedule 3 – Hollywood.


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(Against: Crs. Argyle Mangano de Lacy Hodsdon & Shaw)AmendmentMoved - Councillor HorleySeconded - Councillor Mangano

That in 1 a Residential Development Local Planning Policy – clause 4.5.1 Building Heights shall remain as per the R-Codes Category B.

Councillor Shaw left the room at 7.23 pm and returned at 7.24 pm.


(Against: Crs. Argyle Hodsdon Shaw & Smyth)

AmendmentMoved – Mayor HipkinsSeconded - Councillor Hodsdon

That in 1 a Residential Development Local Planning Policy clause 4.1.1 be deleted.


(Against: Crs. de Lacy & Shaw)

Councillor de Lacy left the room at 7.51 pm.

AmendmentMoved - Councillor SmythSeconded – Mayor Hipkins

That in 1 a Residential Development Local Planning Policy for lots identified in Schedule 2 (St Johns Wood) and Schedule 3 (Hollywood) in LPS 3 those special provisions shall take precedent in the case of clauses 4.3, 4.4, 4.5, 4.6, 4.7, 4.8 & 4.9.

Councillor de Lacy returned to the room at 7.52 pm.

Councillor Hodsdon & Councillor Horley left the room at 7.59 pm.

Councillor Hodsdon returned to the room at 8.01 pm.

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Councillor Horley returned to the room at 8.02 pm.


(Against: Crs. Argyle Mangano de Lacy & Shaw)

AmendmentMoved – Mayor HipkinsSeconded - Councillor James

That 1 a. Residential Development Local Planning Policy be amended to include an additional clause as follows:

‘All residential properties require a minimum of 20% of site area as landscaping.’


The AMENDMENT was PUT and wasCARRIED ON THE CASTING VOTE 5/4

(Against: Crs. Argyle de Lacy Hodsdon & Shaw)


Councillor Hodson left the room at 8.42 pm.

AmendmentMoved - Councillor de LacySeconded - Councillor Smyth

That 1 b. Parking Local Planning Policy be amended by adding to Table 1: Parking Requirements:

1. Land Use column ‘Animal Establishment’;2. Minimum no. of Car Parking Bays Required column ‘1 bay per staff

member; and 1 drop off/pick-up bay per 6 animals’; and3. Minimum no. of Bicycle Parking Bays Required column ‘Nil’.


(Against: Cr. Argyle)Councillor Hodsdon returned to the room at 8.45 pm.

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That in 1 b. Parking Local Planning Policy be amended by increasing the required carparking to that of the previous TPS2 for offices and shops.


(Against: Crs. de Lacy Hodsdon & Shaw)


That in 1 b. Parking Local Planning Policy be amended by requiring a landscaping requirement in surface carparking areas to apply in non-residential zones as in residential zones, and electrical vehicle charging points in non-residential zones the same as apply in residential zones.

Mrs Driscoll & Ms Hulls retired from the meeting at 8.58 pm.

The AMENDMENT was PUT and wasCARRIED 6/3

(Against: Crs. Argyle de Lacy & Shaw)


That the 1 c. Heritage Local Planning Policy be amended by:

1. Policy to be amended to refer to current Heritage Legislation and its’ definitions; and

2. adding a clause as follows Demolition permits for buildings on the Heritage List or Heritage Survey will not be issued until a Building Permit has been issued for the new development.

Councillor Argyle left the room at 9.00 pm and returned at 9.05 pm.


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(Against: Crs. Argyle Mangano de Lacy Hodsdon Shaw & Smyth)AmendmentMoved - Councillor HorleySeconded - Councillor James

That 1 d. Child Care Premises Local Planning Policy be amended by, in clause 4.1.2, deleting the words ‘are encouraged to’ and inserting the word ‘shall’.

The AMENDMENT was PUT and was CARRIED UNANIMOUSLY 9/-

AmendmentMoved - Councillor de LacySeconded - Councillor Horley

That 1 d. Child Care Premises Local Planning Policy be amended by in clause 4.1.1 deleting the words ‘or Local Centre’.


(Against: Mayor Hipkins Crs. Mangano & Hodsdon)

AmendmentMoved - Councillor de LacySeconded – Mayor Hipkins

That 1 d. Child Care Premises Local Planning Policy be amended by:

1. adding “particularly residential areas” to the end of clause 3.2; and

2. replace 3.3 with ‘To ensure the siting of Child Care Premises do not incur significant risks from environmental health and safety hazards.’


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AmendmentMoved - Councillor HorleySeconded – Mayor Hipkins

That 1 e. State Administrative Tribunal – Process and Procedures Local Planning Policy clause 4.8 be amended by adding the following words:

‘the mover and seconder of a Council Resolution shall be notified of the SAT proceedings and shall represent the Council in the proceedings and an alternative/s shall be requested to attend if the mover and seconder are unable to attend’.




That 1 f. Refunding / Waiving Fees Local Planning Policy be amended by:

1. replacing all references to ‘not for profit’ and similar terms with government recognised charities; and

2. in clause 4.1 delete the word ‘ordinarily’.

Councillor Hodsdon left the room at 9.29 pm.




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That 1 g. Planning Compliance Local Planning Policy be amended by:

1. in clause 5.4 replace the words ‘will not’ to ‘may not’; and

2. adding a clause to keep Council informed of non-compliance issues.

Councillor Hodsdon returned to the room at 9.34 pm.

Councillor Horley left the room at 9.34 pm.




That 1 h. Signs Local Planning Policy be amended by, in clause 4.2 (d), deleting ‘tenancy in’ and replacing it with ‘site to’.


AmendmentMoved - Councillor JamesSeconded - Councillor Smyth

That 2 a. Consultation of Planning Proposals Local Planning Policy be amended as follows:

In Table 2 - Development application advertising requirements R-Codes in the Advertising requirement column for the Front setback replace ‘To affected adjoining land owners/ occupiers directly adjacent and across the street as per Figure 1.’ with ‘To affected adjoining land owner/s / occupiers in the same street, within 100m or 5 properties in either direction of the subject site, on both sides of the street.’

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AmendmentMoved – Mayor HipkinsSeconded - Councillor Smyth

That the 2 a. Consultation of Planning Proposals Local Planning Policy be amended by,in clause 4.1 (a), replacing the words ‘involves more than 15 multiple dwellings’ with the words ‘involves an R-Code more than R60’.

Councillor Horley & Councillor James left the room at 9.52 pm.

Councillor Argyle left the room at 9.54 pm.

Councillor James returned to the room at 9.54 pm.


Councillor James left the room at 9.57 pm and returned at 9.57 pm.



(Against: Crs. de Lacy & Shaw)

AmendmentMoved – Mayor HipkinsSeconded - Councillor Hodsdon

That the 2 b. Exempt Development Local Planning Policy be amended by adding a clause/s exempting the following from Planning Approval:

1. painting and maintenance2. change of site levels of less than ½ metre; and3. boundary fencing in accordance with relevant legislation.

Councillor Argyle returned to the room at 10.03 pm.

Councillor Mangano left the room at 10.12 pm and returned at 10.13 pm.

The AMENDMENT was PUT and wasCARRIED 8/1

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(Against: Cr. Shaw)

Councillor Mangano retired from the meeting at 10.14 pm.

AmendmentMoved - Councillor SmythSeconded - Councillor Hodsdon

1. remove from the Local Planning Policies ‘to be revoked’ list:

(d) Allen Park Residential Estate Design Standard for Lots 11 to 17 Clement Street and Lots 18 to 25 North Streets, Swanbourne;

(j) St Peters Square Design Codes; (l) Old Swanbourne Hospital Precinct; and

2. adds the following Local Planning Policies ‘to be adopted’ under Resolution 3:

(d) Allen Park Residential Estate Design Standard for Lots 11 to 17 Clement Street and Lots 18 to 25 North Streets, Swanbourne,

(j) St Peters Square Design Codes; and (l) Old Swanbourne Hospital Precinct.


AmendmentMoved - Councillor SmythSeconded - Councillor Hodsdon

1. removes the following from the ‘to be revoked list’:

Local Planning Policies:

b. Subdivision Policyn. Ancillary Accommodation Local Planning Policyo. Fill and Fencing Local Planning Policyp. Landscaping – Local Planning Policy

Planning Council Policy:

j. Tennis Court Fencing & Lighting; and

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2. adds the following to be adopted under Resolution 3:


b. Subdivision Policyn. Ancillary Accommodation Local Planning Policyo. Fill and Fencing Local Planning Policyp. Landscaping – Local Planning PolicyPlanning Council Policy:

j. Tennis Court Fencing & Lighting


The SUBSTANTIVE MOTION was PUT andCARRIED 7/1

(Against: Mayor Hipkins)

Council Resolution

Council:

1. prepares, and advertises for a period of 21 days, in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2, Part 2, Clause 4, the following Local Planning Policies:

a. Residential Development subject to:

i. clause 4.2.1 (ii) ‘the carport is setback a minimum of 2.5 m from the primary street’ be amended to ‘the carport is setback a minimum of 3.5 m from the primary street’;

ii. clause 4.5.1 Building Heights shall remain as per the R-Codes Category B;

iii. clause 4.1.1 be deleted;

iv. for lots identified in Schedule 2 (St Johns Wood) and Schedule 3 (Hollywood) in LPS 3, those special provisions shall take precedent in the case of clauses 4.3, 4.4, 4.5, 4.6, 4.7, 4.8 & 4.9;

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v. an additional clause being added as follows ‘All residential properties require a minimum of 20% of site area as landscaping.’

b. Parking subject to:

i. adding to Table 1: Parking Requirements:

1. Land Use column ‘Animal Establishment’;2. Minimum no. of Car Parking Bays Required column

‘1 bay per staff member; and 1 drop off/pick-up bay per 6 animals’; and

3. Minimum no. of Bicycle Parking Bays Required column ‘Nil’;

ii. increasing the required carparking to that of the previous TPS2 for offices and shops; and

iii. requiring a landscaping requirement in surface carparking areas to apply in non-residential zones as in residential zones, and electrical vehicle charging points in non-residential zones the same as apply in residential zones.

c. Heritage

d. Child Care Premises subject to:

i. adding “particularly residential areas” to the end of clause 3.2; and

ii. replacing 3.3 with ‘To ensure the siting of Child Care Premises do not incur significant risks from environmental health and safety hazards.’

iii. in clause 4.1.2, deleting the words ‘are encouraged to’ and inserting the word ‘shall’;

iv. in clause 4.1.1, deleting the words ‘or Local Centre’;

e. State Administrative Tribunal – Process and Procedures subject to: in clause 4.8, adding the words ‘the mover and seconder of a Council Resolution shall be notified of the SAT proceedings and shall represent the Council in the proceedings and an alternative/s shall be requested to attend if the mover and seconder are unable to attend’.

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f. Refunding / Waving Fees subject to:

i. replacing all references to ‘not for profit’ and similar terms with government recognised charities; and

ii. in clause 4.1 delete the word ‘ordinarily’.g. Planning Compliance subject to:

1. in clause 5.4 replace the words ‘will not’ to ‘may not’; and 2. adding a clause to keep Council informed of non-

compliance issues.

h. Signs subject to in clause 4.2 (d), deleting ‘tenancy in’ and replacing it with ‘site to’.

2. adopts, in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2, Part 2, Clause 4, the following Local Planning Policies:

a. Consultation of Planning Proposals subject to being amended as follows:

i. in Table 2 - Development application advertising requirements R-Codes in the Advertising requirement column for the Front setback replace ‘To affected adjoining land owners/ occupiers directly adjacent and across the street as per Figure 1.’ with ‘To affected adjoining land owner/s / occupiers in the same street, within 100m or 5 properties in either direction of the subject site, on both sides of the street.’;

ii. in clause 4.1 (a) deleting the words ‘involves more than 15 multiple dwellings’ and adding ‘involves an R-Code more than R60.’ and

iii. adding a clause/s exempting the following from Planning Approval:

1. painting and maintenance2. change of site levels of less than ½ metre; and3. boundary fencing in accordance with relevant

legislation.

b. Exempt Development

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3. adopts without consultation, in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2, Part 2, Clause 5, the following:


a. Swanbourne Design Guidelines A;b. Swanbourne Design Guidelines B;c. Hollywood Design Guidelines;d. Allen Park Residential Estate Design Standard For Lots 11 to

17 Clement Street And Lots 18 to 25 North Streets, Swanbourne

e. St Peters Square Design Guidelines;f. Old Swanbourne Hospital Precinct;g. Subdivision Policy;h. Ancillary Accommodation Local Planning Policy;i. Fill and Fencing Local Planning Policy;j. Landscaping – Local Planning Policy; and

Planning Council Policy:

k. Tennis Court Fencing & Lighting

4. revokes the following Local Planning Policies in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2, Part 2, Clause 6:

a. Cash in Lieu of Car Parkingb. Two Grouped Dwellings in Dual Coded Areasc. Road Widening (Stirling Highway)d. Cash in lieu of Car Parking – Government Roade. Listed Heritage Places – Demolition Policyf. Intensification of Residential Densityg. Reduction of Front Setbacks h. Carports and Minor Structures Forward of the Primary Street

Setbacki. Local Planning Policy: Sea Containers

5. revokes the following Planning Council Policies:

a. Development Approvals: Minimum Requirementsb. Domestic Receiving Dishesc. Encroachments on to Rights of Wayd. Heritage Advice for Owners of Places of Significancee. Home Businessf. Neighbour Consultation – Development Applicationsg. Refund of Planning Fees for Places of Heritage Significanceh. Retention of Existing Dwelling During Construction of New

Dwellingi. State Administrative Tribunal - Response to Appeals

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Recommendation to Council

Council:

1. prepares, and advertises for a period of 21 days, in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2, Part 2, Clause 4, the following Local Planning Policies:

a. Residential Developmentb. Parkingc. Heritaged. Child Care Premisese. State Administrative Tribunal – Process and Proceduresf. Refunding / Waving Feesg. Planning Complianceh. Signs

2. adopts, in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2, Part 2, Clause 4, the following Local Planning Policies:

a. Consultation of Planning Proposalsb. Exempt Development

3. adopts without consultation, in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2, Part 2, Clause 5, the following Local Planning Policies:

a. Swanbourne Design Guidelines Ab. Swanbourne Design Guidelines Bc. Hollywood Design Guidelines

4. revokes the following Local Planning Policies in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2, Part 2, Clause 6:

a. Cash in Lieu of Car Parkingb. Subdivision Policyc. Two Grouped Dwellings in Dual Coded Areasd. Allen Park Residential Estate Design Standard For Lots 11 To 17

Clement Street And Lots 18 To 25 North Streets, Swanbournee. Road Widening (Stirling Highway)f. Cash in lieu of Car Parking – Government Roadg. Listed Heritage Places – Demolition Policyh. Intensification of Residential Densityi. Reduction of Front Setbacks j. St Peters Square Design Guidelinesk. Carports and Minor Structures Forward of the Primary Street

Setbackl. Old Swanbourne Hospital Precinct

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m. Local Planning Policy: Sea Containersn. Ancillary Accommodation Local Planning Policyo. Fill and Fencing Local Planning Policyp. Landscaping – Local Planning Policy

5. revokes the following Planning Council Policies:

a. Development Approvals: Minimum Requirementsb. Domestic Receiving Dishesc. Encroachments on to Rights of Wayd. Heritage Advice for Owners of Places of Significancee. Home Businessf. Neighbour Consultation – Development Applicationsg. Refund of Planning Fees for Places of Heritage Significanceh. Retention of Existing Dwelling During Construction of New Dwellingi. State Administrative Tribunal - Response to Appealsj. Tennis Court Fencing & Lighting

Executive Summary

The purpose of this report is for Council to prepare (adopt for advertising), adopt and revoke a series of Local Planning Policies and Council policies required under Local Planning Scheme 3 (LPS 3).

Under TPS 2 there were 20 Local Planning Policies and 10 planning related Council Policies in effect.

Council is being asked to revoke 16 Local Planning Policies and all 10 planning related Council Policies.

In their place, Council is being asked to establish 13 Local Planning Policies:

4 are existing policies (3 unchanged and 1 with amendments); 2 were adopted for advertising at Councils February 2019 meeting and

advertised through March 2019 and can now be adopted; and 7 are new Local Planning Policies for Council to prepare for advertising

and adopt at a later date.

The new policies proposed provide for the continuation of many of the City’s previous practices and application of development standards from TPS 2, to apply in a similar fashion under LPS 3.

Further to, an advantage of Council adopting Local Planning Policies is that they must be taken into account by the decision maker. This is particularly important when the decision maker is not the Council, that is, the JDAP or SAT. LPP’s allow Council’s views on a particular issue to have some influence on the decision maker and thus be considered in any decision. The risk is that in the absence of an LPP, relating to a matter that is of concern to Council, the decision maker will have no guidance as to the Council’s views and will come to its own conclusion and decision.

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All policies ‘prepared’ under resolution 1, will remain drafts for advertising and may be modified, prior to their final adoption by Council at a subsequent future meeting.

Policies adopted under resolution 2 and 3 will have effect immediately.

Policies revoked under resolution 4 will be revoked immediately.

Policies revoked under resolution 5 will be revoked immediately.

Background

Officers have undertaken a comprehensive review of all Council Planning Policies and Local Planning Policies (LPPs) adopted under Town Planning Scheme No.2 (TPS 2).

All of the Council Planning Policies and Local Planning Policies require significant amendment to align with state legislation and LPS 3, and many new policies are also needed.

Under the Planning and Development (Local Planning Schemes) Regulations 2015 (the Planning Regulations), for a policy to be given due regard in the determination of a development application, it should be adopted as a Local Planning Policy. A Council Policy has no standing under the Planning legislation and cannot be applied to a planning decision. Therefore, all planning related Council Policies will need to be revoked and where provisions from previous Council Policies need to be retained under LPS 3, they are proposed to be adopted as Local Planning Policies accordingly.

LPS 3 has a particular provision that provides for all existing local planning policies (LPP) adopted under TPS 2 to have effect under LPS 3. This means all previous policies under TPS 2 continue to have effect, despite being fundamentally inoperable under LPS 3. Subsequently, there is the need to revoke all existing Local Planning Policies which are now redundant.

LPS 3 also provides for any steps taken in the preparation of a planning instrument under TPS 2 (including Local Planning Policies) to be taken as steps under LPS 3. It means any policies which have been advertised under TPS 2 but not adopted (such as the Exempt Development and Consultation of Planning Proposals Policies) can continue to progress under LPS 3, as if they had been advertised under LPS 3. This allows for some policies already advertised under TPS 2 to be adopted immediately under LPS 3.

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Policies for advertising

There are 7 new policies and 1 amended policy proposed for Council to ‘adopt for advertising’ (under the Planning Regulations this is called ‘prepare’):

1. Residential Development

This policy provides guidance and supplementary requirements to LPS 3 and State Planning Policy 7.3 Residential Design Codes Volume 1 (R-Codes Vol.1) in relation to single and grouped dwelling development.

It includes the provisions for setbacks (9m front setbacks, garages and carports, pergolas and gatehouses), retains the 8.5m wall height and 10m building height from TPS 2, maintains the street wall and fence provisions and boundary fencing from TPS 2.

2. Parking

The purpose of this policy is to define standards for parking areas. It includes the parking ratios based on land use, vehicle access and ancillary facilities requirements.

The policy also seeks to encourage the provision of services that enable and promote alternative modes of transport (including cycling, walking, public transport and motorcycles) and adaptability to changes in technology.

This policy will ensure developments are constructed to a high standard, reducing potential detrimental impacts to the surrounding area and assist in managing future traffic and parking issues.

3. Heritage

The existing Council Policies for Heritage Advice for Owners of Places of Significance and Refund of Planning Fees for Places of Heritage Significance have been combined into one Local Planning Policy.

No changes are proposed to the provisions. Due to the conversion into a LPP, advertising is required.

4. Child Care Premises

This policy provides development standards relating to the location, design, size and operational matters (hours of operation, noise, parking & traffic) that the City will have regard to in considering an application for development approval.

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5. State Administrative Tribunal – Process and Procedures

This policy prescribes the process to be followed when an appeal is lodged with the SAT regarding a development application, depending on whether it was made under delegation, the application was ‘deemed refused’ by the applicant, or the decision was made by Council.

The draft LPP includes provisions relating to the following:

Decisions made under delegation Decisions made by Council aligned to the Administration

recommendation Decisions made by Council contrary to the Administration

recommendation Notification of community members

6. Refunding / Waiving Fees

This policy outlines the circumstances where the City of Nedlands (the City), may refund or waive development application fees.

It gives a not-for-profit organisation a 50% reduction to a planning fee.

It sets out that the City may refund a development application fee, the refund amount varying, depending on how much officer time has been spent on the application.

7. Planning Compliance

This policy is to provide guidance for the planning compliance process to be undertaken including:

establishing a consistent and transparent approach; process for complaint handling and how to determine when further

action is required; outlining options for dealing with unlawful activity; and establishing where further enforcement action is warranted.

8. Signs

This policy amends the current Advertisement Signs on Zoned and Reserved Land (Except Road Reserves) Policy adopted under TPS 2. It largely retains the existing provisions with the inclusion of:

Photos rather than drawings for illustration Sponsorship signage requirements Variable (electronic) messaging boards Portable (A-frame sandwich board) signs

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Due to the inclusions, it is considered the policy should be advertised for public comment.

Local Planning Policies for adoption

Discussion under the Statutory Provisions section of this report explains how these policies are capable of adoption at this time.

1. Consultation of Planning Proposals

This policy provides guidance in terms of when public consultation is undertaken for all types of planning proposals, and the means and duration of public consultation periods where these are not prescribed by the Planning Regulations or LPS 3. Planning proposals include:

Strategic proposals (such as Public Open Space Strategy); Structure Plans; Scheme Amendments; Local Planning Policies; Activity Centre Plans; Local Development Plans; and Development Applications.

2. Exempt Development

This policy outlines types of development exempt from requiring development approval in addition to those specified by the Planning Regulations. This policy was prepared for advertising by Council in February 2019 and advertised through March 2019. Minor modifications have been made following advertising to remove clauses specific to TPS 2 or where dealt with by the R-Codes or another Local Planning Policy.

Local Planning Policies to be revoked

Revoke - Planning Policies RationaleCash in Lieu of Car Parking Provisions are provided within LPS 3 for

Cash in lieu of car parking. New Parking Policy to be adopted in its place.Future work: A car parking strategy will be prepared to identify locations for additional parking and guide how cash-in-lieu funds to be used.

Subdivision Policy Not required under LPS 3 as it is outdated and covered by other legislation such as the WAPC model subdivision conditions and clause 67 the deemed provisions of the Planning Regulations.

Two Grouped Dwellings in Dual Coded Areas

Not required under LPS 3 as it was specific to the dual density code in Mt Claremont under

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TPS 2. Under LPS 3 there is no longer a dual density code.

Allen Park Residential Estate Design Standard for Lots 11 to 17 Clement Street and Lots 18 to 25 North Streets, Swanbourne

This estate has now been developed and therefore this policy is not required under LPS 3. The development standards of the R-Codes will apply (which is generally what this policy was based on).

Road widening (Stirling Highway)

Not required under LPS 3. The Regional Road Reservation for Stirling Highway has been rationalised. Setbacks to the reservation will be governed by the R-Codes until the City prepares specific local planning instruments for land adjacent to Stirling Highway.

Cash in Lieu of Car Parking - Government Road

As per the Cash in Lieu of Car Parking Policy, provisions are provided within LPS 3 and the new Parking Policy is to be adopted in its place.This Policy is therefore not required.

Listed Heritage Places - Demolition Policy

Not required under LPS 3 and Planning Regulations. Planning Approval required prior to being able to demolish a Heritage Listed place. Further, a Statements of Significance are available for all places listed on the City’s Municipal Inventory and the Heritage List. Additional documentation at demolition is not required.

Intensification of Residential Density

Relates to a Local Housing Strategy adopted prior to 1997. It is not required following gazettal of LPS 3.

Reduction of Front Setbacks Replaced by the Residential Development LPP which addresses front setbacks in R10, R12.5 and R15 densities.

St. Peters Square Design Guidelines

These lots have been developed and therefore this policy is not required under LPS 3. The development standards of the R-Codes will apply (and is generally what the policy was based on).

Carports and Minor Structures Forward of the Primary Street Setback

Replaced by the Residential Development LPP which addresses carports and minor structures within front setback areas in R10, R12.5 and R15 densities.

Old Swanbourne Hospital Precinct

Not required under LPS 3 as the development has been completed. The residential lots have been zoned under LPS 3 and are subject to the R-Codes.

Local Planning Policy: Sea Containers

No longer required. Provisions moved to the Exempt Development LPP.

Ancillary Accommodation Local Planning Policy

Not required under LPS 3. No provisions relating to ancillary dwellings in LPS 3.

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Requirements as per the R-Codes.Fill and Fencing Policy Replaced by the Residential Development

LPP which addresses boundary fencing.Landscaping Plans – Local Planning Policy

Landscaping provisions to be specific to development type or location. Therefore, replaced by other policies and legislation, such as the proposed Parking policy and Volume 2 of the R-Codes, which also applies to all Neighbourhood Centre, Mixed Use and Local Centre zones.

Council Policies to be revoked

Revoke - Council Policies Rationale

Development Approvals: Minimum Requirements

Not required under LPS 3. A checklist is attached to the Development Application form 1 which sets out the minimum requirements for lodgement of an application.

Domestic Receiving Dishes No longer required.Provisions moved to the Exempt Development LPP.

Encroachments on to Rights of Way

Not required under LPS 3 and the Planning Regulations.

Heritage Advice for Owners of Places of Significance

Consolidated with Refund of Planning Fees for Places of Heritage Significance Policy into the Heritage Local Planning Policy. Provisions have not been modified.

Home Business Not required under LPS 3. There is sufficient guidance provided by the Scheme and clause 67 of the Deemed Provisions.

Neighbour Consultation – Development Applications

Replaced by Consultation of Planning Proposals LPP.

Refund of Planning Fees for Places of Heritage Significance

Consolidated with the Heritage Advice for Owners of Places of Significance Policy into the Heritage Local Planning Policy. Provisions have not been modified.

Retention of existing Dwelling during construction of new Dwelling

Not considered appropriate or required under LPS 3.This policy’s provisions attempted to vary a mandatory requirement from TPS 2.

State Administrative Tribunal - Response to Appeals

Replaced by State Administrative Tribunal – Process and Procedures LPP.

Tennis Court Fencing & Lighting

Not required under LPS 3.Development approval is required for fencing and light poles not exempt under the City’s Policies.

Consultation

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If Council resolves to prepare the draft LPP’s, they will be advertised for 21 days in accordance with Schedule 2, Part 2, Division 2, Clause 4 of the Regulations. This will include a notice being published in the newspaper and details being included on the City’s website & the Your Voice engagement portal.

Following the advertising period, the policies will be presented back to Council for it to consider any submissions received and to:

a. Proceed with the policy without modification;b. Proceed with the policy with modification; orc. Not to proceed with the policy.

Statutory Provisions

Planning and Development (Local Planning Schemes) Regulations 2015

Resolution 1

Under Schedule 2, Part 2, Clause 3(1) of the Planning Regulations the City may prepare a local planning policy in respect to any matter related to the planning and development of the Scheme area.

Once Council resolves to prepare a local planning policy is must publish a notice of the proposed policy in a newspaper circulating the area for a period not less than 21 days.

Policies listed under part 1 of the resolution will be prepared and advertised in this manner.

Resolution 2

Schedule 2, Part 2, Clause 4(3) of the Regulations, sets out that after the expiry of the 21-day advertising period, the local government must review the proposed policy in light of any submissions made and resolve to:

a. Proceed with the policy without modification;b. Proceed with the policy with modification; orc. Not to proceed with the policy.

Policies listed under part 2 of the resolution will be adopted with modification, having been advertised in March 2019. Despite being prepared and advertised under TPS 2, clause 85B of LPS 3 permits the steps taken in the development of those policies under TPS 2 to be taken as steps taken under LPS 3. These policies are therefore permitted to be adopted as final polices.

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Resolution 3

Schedule 2, Part 2, Clause 5 of the Regulations allows for the amendment of any local planning policy and where in the opinion of the local government the amendment is a minor amendment, can make the amendment without advertising.

Policies listed under part 3 of the resolution will be adopted in this manner.

Resolution 4

Schedule 2, Part 2, Clause 6 of the Regulations sets out that a local government may revoke a local planning policy by a notice of revocation:

a. prepared by the local government; andb. published in a newspaper circulating in the Schemec. area.

Policies listed under part 4 of the resolution will be revoked in this manner.

Resolution 5

Local Government Act 1995

Council Policies are determined in accordance with section 2.7(2)(b) of the Local Government Act 1995 and may be amended or deleted by Council according to circumstances.

Council’s ‘Review of Policies’ Council policy provides guidance for the review of Council Policies. The policy states that Council may review an individual policy at any time whenever Council finds it necessary.

Policies listed under part 5 of the resolution will be revoked in this manner.

Conclusion

The draft LPP’s work towards the City having an operative local planning framework in place under LPS 3. It requires the preparation and advertising of some LPP’s, the immediate adoption of others and the revocation of all redundant LPP’s and Council Planning Policies.

As such, it is recommended that Council follows the administration recommendation as set out in the resolution.

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Declaration of Closure

There being no further business, the Presiding Member declared the meeting closed at 10.43 pm.

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