-

Western Australian

\ Planning Commission

Our ref: DP/14/00301/1

- ---.--__. .. Enuir j Paul Elenbroek 6551 9458

Mr John Giorgi .................................. Chief Executive Officer V... City of Vincent

'1 7 U i P0 Box 82 . . J U L Luj

LEEDERVILLE WA 6902 c. ........................ V

.............................................................. Dear Mr Giorgi

RESIDENTIAL DESIGN CODES AMENDMENT - NOTIFICATION OF FINAL APPROVAL

Please be advised that amendments to State Planning Policy 3.1 - Residential Design Codes (R-Codes) were approved by Her Excellency, the Governor on 7 July 2015.

The amendment will change the way the number of multiple dwellings are calculated on R30 and R35 coded land, by requiring a site area per dwelling standard to be met in Table 1, instead of a plot ratio floor space standard in Table 4.

This change ensures dwelling density intended and expected by local government and the community is preserved, however will have implications for multiple dwelling development applications in R30 and R35 coded areas currently lodged with local government for determination.

The principles of administrative law require the decision maker to apply the standards which are legally in place on the date the decision is made.

A three-month transition period is provided between public announcement of the R-Codes amendment and operational commencement upon publication in the government gazette.

A transition period is necessary to ensure all existing development applications currently submitted and under consideration by local government can be determined prior to the R-Codes amendments taking legal effect. It is also required to ensure applicants are not unduly penalised or determination delayed for proposals lodged prior to the R-Codes changes becoming operative.

Local Government is advised that all applications lodged on or before the date the R-Codes amendment is publicly announced must be considered and determined under the R-Codes standards applicable at the time of determination.

Postal address: Locked Bag 2506 Perth WA Street address: 140 William Street Perth WA 6000 ( J j ) wa.gov.au Tel: (08) 655 19000 Fax. (08) 655 19001 corporateplanning.wa.gov.au www.planning.wa.gov.au

ABN 35482 341 493

Attachment 4

Public announcement of the R-Codes amendment was made on Wednesday 22 July 2015 and operational commencement upon publication in the government gazette will occur on Friday 23 October 2015.

Upon gazettal, the R-Codes will be updated to include the amendments and the new version placed on the Department of Planning website for view, download and printing: http://www.planninq.wa.qov.au/Residential-desiqn-codes.asp

In addition to the R-Codes amendment, the Western Australian Planning Commission (WAPC) has publicly released Planning Bulletin 113/2015 Multiple Dwellings in R40 coded areas and variation to R-Codes Multiple Dwelling development standards. The Planning Bulletin outlines the WAPC's position and expectations in respect to the control of multiple dwellings on R40 coded land and variance to the R-Codes 'deemed-to-comply' standards for multiple dwelling development proposals.

Both the R-Codes amendments and Planning Bulletin are attached for your consideration.

Should you have any queries, please contact Mr Paul Ellenbroek, Planning Manager, Urban Policy on 6551 9458 or via email paul.ellenbroekplanning.wa.qov.au.

Yours sincerely

Eric Lumsden PSM Chairman 22/07/2015

Atts

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Attachment 4

Western Planning Bulletin 113/2015 Australian Multiple dwellings in R40 coded areas \)Planning Commission and variation to R-Codes multiple

dwelling development standards

113/2015

July2015

1. Purpose 3. Local planning scheme • from a central/centroid point within

To outline acceptable local planning amendment proposals an activity centre boundary.

scheme amendment proposals The WAPC will consider local planning • walkable catchment technique seeking to control multiple dwelling scheme amendment proposals (under (refer Liveable Neighbourhoods development in R40 coded areas MST clause 5.3 Special Application o f Appendix 3). and variation to multiple dwelling Residential Planning Codes) seeking standards for consistent application to restrict the number of multiple throughout Western Australia. dwellings in R40 coded areas by 4. Variation to fl-Codes

applying a site area per multiple multiple dwelling

2. Background dwelling standard, in lieu of plot ratio standards standard, for R40 coded lots located

Issues have been raised from the outside of the following core areas: Some multiple dwelling proposals

2010 changes to the Residential have obtained approval for plot

Design Codes (R-Codes), removing • Within 800 metres of any ratio substantially greater than the

the site area per dwelling requirement existing or proposed strategic maximum R-Codes deemed-to-

for multiple dwellings in areas coded metropolitan, secondary, district comply amount, which has triggered

R30 and above in favour of plot ratio or specialised activity centre or local government and resident

control. railway station on a high frequency concern. rail route.

They identified a community Notwithstanding the R-Codes set

perception that the changes In addition to the above, the following a maximum deemed-to-comply

have encouraged inappropriate optional locational criteria may plot ratio standard based upon the

multiple dwelling densification, be applied, at Local Government R-Coding of a site (refer Clause 6.1.1 discretion: C l and Table 4), the corresponding adversely affecting the amenity of design principle (P1) allows discretion predominantly single dwelling existing • Within 200 m of public open space

neighbourhoods coded R30 and R35. (preferably overlooking public to vary, if the bulk and scale is in accordance with the local planning

The R-Codes have been amended to open space). framework and is consistent with address these issues and will come • Within 400 m of a local or existing or future desired built form of into operation in October 2015. In neighbourhood activity centre. the locality. addition, some local governments also seek to restrict or otherwise • Within 250 m of a bus stop on a A local planning scheme provision

prevails over an R-Codes provision prohibit multiple dwellings in existing high frequency bus route. R40 coded areas.

where it is inconsistent. The WAPC supports greater than

Issues have also been raised from the R40 densities and multiple dwelling Most local planning schemes contain

variation to R-Codes multiple dwelling provision within the above locations; a provision which allows discretion

standards, particularly plot ratio. however, not necessarily for all to broadly vary site and development

A standardised approach is required land within these locations. Local standards (refer MST clause 5.5

in respect to quantum and criteria government must consider and Variations to site and development

applied to multiple dwelling proposals implement via their local planning/ standards and requirements).

seeking variation to A-Codes plot ratio housing strategy and local planning However, few outline the maximum

and other development standards. scheme review process, and via quantum amount and/or the criteria

an activity centre structure plan for or circumstances where and how centres. variations to standards are considered

and determined. Location measurement can be undertaken using the following The WAPC supports local government methods: preparing and implementing a local

planning policy to appropriately deal • straight line from any pedestrian with multiple dwelling development

entry to a railway station or bus proposals seeking variation to the stop to any part of a lot (refer A-Codes 'deemed-to-comply' R-Codes definition o f high standards. In doing so, the local frequency bus and rail route). planning policy should address the

following matters:

Attachment 4

• the maximum plot ratio bonus: the 5. Application and 6. Further information WAPC supports a maximum plot implementation ratio bonus (above the deemed-to- Enquiries or correspondence on this comply plot ratio in R-Codes Where a local government seeks planning bulletin should be sent by Table 4) of 25 per cent for R30 to to initiate a local planning scheme email to rcodesreview©planning. R80 codes, up to a maximum of amendment proposal in accordance wa.gov.au or by post to: 50 per cent for R100 and greater with this planning bulletin, WAPC Planning Manager, Urban Policy codes, to align with existing consent to publicly advertise is Department of Planning A-Codes plot ratio standards. waived. Gordon Stephenson House

• the criteria applied to multiple Where a local government seeks to 140 William Street dwelling proposals seeking plot prepare a local planning policy in Perth WA 6000 ratio bonus and variance to other accordance with this planning bulletin, Please quote reference A-Codes 'deemed-to-comply' it does not require WAPC consent to DP14/00301/1 development standards. Local initiate. However, it must be referred government is to determine what to the WAPC for final approval as Information relevant to this Planning criteria is appropriate for its area/ required under R-Codes Clause 7.3.2. Bulletin is published at precinct. www.plannino.wa.pov.au

The local planning policy preparation, In order for the maximum amount public advertising and determination of variation to be supported via an process must be followed as outlined exercise of discretion, the proposal in the local planning scheme (refer should achieve all such criteria. Part 2 of the Model Scheme Text).

Criteria could relate to, but not limited to, building design and quality, dwelling size and type (particularly provision of adaptable and/or universally accessible aged or dependent persons' and single bedroom dwellings), sustainability and energy efficiency, housing affordability, heritage and vegetation retention, removing vehicle access fronting a major road, removing a non-conforming use, communal facilities, public open space and public art.

D i s c l a i m e r © Western Australia Planning commission I website: www.planning.wa.gov.au email: corporate@planning.wa.gov.au

Published by the This document has been published by the Western Australian Planning commission. Any representation, statement, Western Australian Planning commission tel: 08 6551 9000

opinion or advice expressed or implied in this publication is Gordon Stephenson House fax: 08 6551 9001

made in good faith and on the basis that the government, its 140 William Street National Relay Service: 1336 77

employees and agents are not liable for any damage or loss Perth WA 6000 infoline: 1800 626 477

whatsoever which may occur as a result of action taken or not Locked Bag 2506 This document is available taken, as the case may be, in respect of any representation, Perth WA 6001 in alternative formats on statement, opinion or advice referred to herein. Professional

Published July 2015 application to Department of

advice should be obtained before applying the information i Planning Communication Services. GOVERNMENT OF contained in this document to particular circumstances. I

ISSN 1324-9142 WESTERN AUSTRALIA

Attachment 4

R-Codes Amendments 2015

1. Modify Table 1 as follows:

• replace R30 with R40 in the heading;

• include multiple dwellings under R30 and 35 R-Codes;

• apply a site area per multiple dwelling standard of 300m2 for R30 and 260m2 for R35;

• apply the same open space (minimum total % of site) requirement that currently applies to single house or grouped dwellings under RiO to R35 to multiple dwellings under RiO to R35;

• apply a primary street setback of 4m, secondary street setback of 1.5m and other/rear setback of * under R30 & 35; and,

• delete the minimum frontage (m) requirement for multiple dwellings under RiO to R25.

2. Amend clause 5.1.1 Site area C1.2 iii as follows:-

• replace R30 with R40

3. Amend clause 5.3.3 Parking C3.1 regarding multiple dwelling parking under Part 5 as follows:

• insert following new clause 5.3.3 C3.3:

C3.3 The minimum number of on-site car parking spaces is provided fo r each multiple dwelling as required by clause 6.3.3 C3.1.

4. Amend clause 6.1.4 Lot boundary setbacks C4.1 regarding multiple dwelling setbacks as follows: replace R30 with R40.

5. Modify Table 4 as follows:

• amend heading from R30 to R40; and

• remove R30 and 35 R-Codes and corresponding requirements from columns 2 to 6.

6. Modify Part 5 and 6 headings as follows:

• Part 5 - Design elements for all single house(s) and grouped dwellings; and multiple dwellings in areas coded less than R40

• Part 6 - Design elements for multiple dwellings in areas coded R40 or greater; within mixed use development and activity centres

7. Amend clause 6.3.3 Parking C3.1 regarding multiple dwelling parking under Part 6 as follows:

C3.1 The following minimum number of on-site car parking spaces is provided per multiple dwelling:

1

Attachment 4

Plot ratio area and type of multiple Car parking spaces dwelling

Location Location B

Less than 1Orn2 and/or 1 or 2 1 1.25 bedrooms

110m or greater and/or 3 or more 1.25 1.5 bedrooms

Visitors car parking spaces (per 0.25 0.25 dwelling)

A = within:

• 800m o f a train station on a high frequency rail route, measured in a straight line from the pedestrian entry to the train station platform to any part o f a lot; or

• 250m o f a high frequency bus route, measured in a straight line from along any part of the route to any part of a lot.

B = not within the distances outlined in A above.

8. Modify clause 5.3.5 Vehicular access by inserting new sub-clauses regarding vehicular access from a communal street as follows:

• insert new clause 5.3.5 C5.7:

C5.7 Where any proposed development has potential to be subdivided to create 20 or more green title, strata or survey strata lots, with each of these lots obtaining driveway access from a communal street, a minimum total width o f 12 metres is required for the communal street which includes a paved vehicular carriageway with a minimum width of 5.5 metres and a pedestrian path as required by clause 5.3.6.

• renumber clause 5.3.5 P5 to P5.1.

• insert new clause 5.3.5 P5.2:

P5.2 Development with potential to be subdivided to create 20 or more green title, strata or survey strata lots provides legible internal and external connections to the surrounding road network and accommodates traffic movement and volume, visitor parking, pedestrian access, street shade trees, utility services and access for waste collection and emergency service vehicles.

9. Modify clause 5.1.2 Street setback C2.4 regarding the street setback of a porch, balcony, verandah, chimney or the equivalent as follows:

C2.4 A porch, balcony, verandah, chimney or the equivalent may project not more than i m into the street setback area, and this projection is not subject to a compensating open area under clause 5.1.2 C2.1iii, provided that the total of such projections does not exceed 20 per cent of the frontage at any level. (refer Figure 2b).

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Attachment 4

10. Modify clause 5.3.8 Retaining walls C8.2 as follows:

C8.2 Where a retaining wall less than 0.5m high is required on a lot boundary, i t may be located up to the lot boundary or within i m o f the lot boundary to allow fo r an area assigned to landscaping, subject to the provisions o f clause 5.3.7.

11. Modify clause 6.3.7 Retaining walls C7 as follows:

C7 Where a retaining wall less than 0.5m high is required on a lot boundary, i t may be located up to the lot boundary or within i m of the lot boundary to allow for an area assigned to landscaping, subject to the provisions of clause 6.3.6.

12. Modify clause 5.4.3 Outbuildings C3 as follows:

C3 Outbuildings that:

i are not attached to a dwelling;

ii are non-habitable;

iii collectively do not exceed 60m2 in area or 10 per cent in aggregate o f the site area, whichever is the lesser;

iv do not exceed a wall height o f 2.4m;

v do not exceed ridge height o f 4.2m;

vi are not within the primary or secondary street setback area;

vii do not reduce the amount of open space required in Table 1; and

viii are set back in accordance with Tables 2a and 2b.

13. Modify clause 6.4.4 Outbuildings C4 as follows:

C4 Outbuildings that:

are not attached to a dwelling;

Ii are non-habitable;

Iii collectively do not exceed 60m2 in area or 10 per cent in aggregate of the site area, whichever is the lesser;

lv do not exceed a wall height of 2.4m;

v do not exceed ridge height of 4.2m;

vi are not within the primary or secondary street setback area; vii do not reduce the amount o f open space required in Table 4; and

viii are set back in accordance with Tables 2a and 2b.

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Attachment 4

14. Modify clause 6.1.4 lot boundary setbacks as follows:

• Amend C4.2 to read as follows: C4.2 In areas coded R80—R160 and/or R-AC, the development complies with minimum lot

boundary setback requirements as set out in Table 5 subject to any additional measures in other elements of the R-Codes.

modify C4.2i. and ii. and renumber as C4.3 to read as follows:

C4.3 A wall may be built up to a lot boundary, where i t abuts an existing or simultaneously constructed wall o f equal or greater proportions; or a wall may be built up to one side lot boundary i f i t has a maximum height and average height as set out in Table 4 and a maximum length of two-thirds the length of this boundary.

Existing C4.3 is renumbered C4.4:

C4.4 Separate multiple dwellings facing multiple dwellings on the some site, are to be set back from each other as though there were a boundary between them.

• Insert a new clause C4.5 as follows:

C4.5 Where the subject site and an affected adjoining site are subject to different density codes, in accordance with 6.1.4 C4.3, the length and height o f the boundary wall on the boundary between them is determined by reference to the lower density code.

15. Modify the definition of Outbuilding to read as follows:

An enclosed non-habitable structure that is detached from any dwelling.

16. Modify the definition of Plot ratio area to read as follows:

The gross total area of all floors of buildings on a development site, including the area o f any internal and external walls but not including:

• the areas of any lift shafts; • stairs or stair landings common to two or more dwellings; • machinery, air conditioning and equipment rooms; • space that is wholly be/ow natural ground level; • areas used exclusively for the parking of wheeled vehicles at or below natural ground level; • storerooms; • lobbies, bin storage areas, passageways to bin storage areas or amenities areas common to more

than one dwelling; or • balconies, eaves, verandahs, courtyards and roof terraces.

17. Modify the definition of Pergola to read as follows:

An open-framed structure covered in a water permeable material or unroofed, which may or may not be attached to a dwelling.

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Attachment 4

18. Modify heading of Table 5 to read as as follows:

Lot boundary setbacks for sites with an R-Code of R80 and greater or R-AC

19. Modify notes to Figure series 3 to read as follows:

H = The height o f the wall fo r the measurement of setbacks is measured from the natural ground level at the lot boundary adjacent to the wall to the highest point o f the building vertically above that point where the wall touches the roof (Figure 30-3h, 3b and 3c).

Where the lot boundary adjacent to the wall is lower than the natural ground level at the base o f the wall, the greater height is used (Figure 3b, 3d, 3 f and 3h).

Where the lot boundary adjacent to the wall is higher than the natural ground level at the base of the wall, the lesser height is used (Figure 3e and 3g).

20. Modify Figure h a as follows:

• Remove Li fo r H2 from top of figure.

21. Modify Figure 2b as follows:

• Remove 6.2.2A2.ifrom bottom of figure.

22. Modify Table 2a as follows:

wall height at 4.Om and length at 17m = 1.6m

23. Modify Table 2b as follows:

wall height at 5.Om and length at 19m = 4.Om

• wall height at 7.Om and length at 19m = 5.2m

• Wall height at 6.5m and length at 14m = 4.Om

• Wall height at 8.Om and length at 14m = 4.8m

• Wall height at 8.Om and length at 16m = 5.2m

• Wall height at 8.5m and length at 19m = 6.1m

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Attachment 4