Scheme Amendment 31
On 5 September 2016 the Town was advised Planning Minister Donna Faragher had rejected Amendment 31 to the Town Planning Scheme.
Cambridge Council had earlier requested the Minister reject Amendment 31, which had been modified by the previous Planning Minister, on the basis it was significantly different and did not resemble the original proposal prepared by Council.
Last month the Minister met with Town of Cambridge Mayor Keri Shannon and Chief Executive Officer Jason Buckley, who advised the Town has engaged consultants to progress a local planning strategy, and the Town planned to initiate a new amendment once that strategy was completed.
The new amendment will address the State’s objectives with respect to density, housing diversity and infill.
Following this meeting and with further advice from the Department of Planning, Minister Faragher concluded, "it is apparent that progressing with the current course of action is unlikely to result in an outcome I would be able to support. Therefore I have concluded it would be wasteful for the existing direction on Amendment 31 to be complied with."
Minister Faragher has asked the Town to consider other planning options which respond to the need to provide opportunities for infill and housing diversity within its jurisdiction.
She also asked the Town to provide in writing a nominated timeframe for her consideration.
Mayor Keri Shannon said "This is a win for the community and will allow the Town to start afresh with its strategic planning for the area."
27 May 2016
At the Council meeting earlier this week, Council considered a report on legal advice that has been obtained regarding the powers of the Minister for Planning to direct modifications to a scheme amendment, specifically Amendment 31, and agreed that:
(i) the report be noted and the actions of the Chief Executive Officer to obtain legal advice, including that of a Senior Counsel, on the Minister for Planning's powers to modify Scheme Amendment No. 31 be endorsed;
(ii) provisional expenditure of $30,000 be authorised by an ABSOLUTE MAJORITY in accordance with Section 6.8 of the Local Government Act 1995 as unbudgeted expenditure for the legal advice and representation referred to in this report;
(iii) a further report be presented on the outcome of the actions referred to in (i) above;
(iv) the readvertising of the modifications to Scheme Amendment No. 31 proposed by the Minister be deferred until the outcome of the legal review and action that may result are determined;
(v) the Town request the Shadow Minister for Planning to ask questions in Parliament of the Minister for Planning to determine the basis behind the changes made by the previous Minister for Planning to Amendment 31.
26 April 2016
At the April Council meeting a report outlining the Minister's decision was considered, resulting in the following Council decision:
(i) Council NOTE pursuant to the Minister for Planning's direction under Schedule 1, Part 5 r.46(2) of the Planning and Development (Local Planning Schemes) Regulations 2015, the modifications to Scheme Amendment No. 31, as attached to this Report;
(ii) in accordance with the Minister's instruction for the Town to prepare development controls for the Residential R40/60 zoned lots along Cambridge Street/ Oceanic Drive, Floreat that the following development requirements to allow development at a R60 density be added to clause (8) of the modified Scheme Amendment text:-
For land zoned Residential in the P3 Floreat Precinct which is coded R40/60, development shall conform to the lower density code applicable to the lot, unless Council determines that development up to the higher density code would comply with the following requirements:-
Buildings shall be a maximum of two storeys with a maximum height of 6.5 metres to the top of walls and 9.5 metres to the top of the roof for a pitched,
hipped or gabled roof; or a maximum height of 7.5 metres to the top of walls and the roof for a flat or skillion roof;
- The lot must have a minimum site area of 1200m2 excluding truncations.
(iii) a traffic impact assessment be undertaken to assess the traffic implications arising from the Scheme Amendment, throughout City Beach, Floreat, Mount Claremont, Cambridge Street and Grantham Street and any other significant thoroughfares for which an impact maybe identified;
(iv) a further report will be presented to the May 2016 Council meeting with the details of community consultation materials for endorsement prior to undertaking public advertising;
(v) from work and analysis done in dealing with the current scheme amendment, an alternative set of scheme proposals be developed.
Read the full Council report here
7 April 2016
The Town has today received the Minister for Planning's determination on Amendment 31, which proposes significant modifications to the amendment adopted by Council on 1 July 2015.
This update involves the re-advertising of the amendment with the below changes, for a period of sixty days.
- Development enabled on Corner Lots (throughout City Beach, Floreat and Mount Claremont) to increase residential density coding to R20.
- Development enabled in the 400m walkable catchment of Local Centres (Ocean Village, The Boulevard/Gayton Road and Birkdale Street) to a maximum density of R30.
- Cambridge Street Lots (Selby Street to Floreat Avenue) have enabled development of grouped and multiple dwellings to at least R40 and to a maximum R60 density.
- Deletion of the Manor House proposal that was outlined for City Beach, Floreat and Mount Claremont.
The Western Australian Planning Commission considers that the modified amendment for re-advertising is consistent with the Town's draft Local Planning Strategy 2010 and WAPC Policy.
A report will be presented to the 26 April 2016 Council meeting which outlines the proposal and the consultation process to follow.
The WAPC's correspondence is below.
WAPC - Town Planning Scheme Amendment - Readvertising of Modifications
1 July 2015
A special meeting of Council to formally consider Town Planning Scheme Amendment 31 was held at the Town of Cambridge Administration on Wednesday, 1 July 2015.
At the meeting the Council adopted Scheme Amendment No.31, with modifications. A summary of the major changes is provided below:
- Remove the corner lot three dwelling (triplex) option;
- No manor houses on corner blocks;
- Remove the three and four dwelling options for manor houses. Note: Two dwelling manor houses may be built on lots of 900m2 and above and an additional small (70m2) one bedroom apartment is permitted on lots of 1000m2 and above.
- Introduce a plot ratio restriction to limit the bulk and scale of manor houses;
- Increase open space requirements, greater than required for a single house, for both the corner lot two dwelling option and manor houses to improve the amount of landscaped areas around the developments;
- Increase the minimum lot size to 900m2 for Cambridge Street apartments and still have up to four dwellings;
- Introduce design guidelines, a design advisory committee and a requirement that manor houses be of a scale and form of a single residential development in the surrounding area; and
- Neighbours to be invited to comment on any manor house development applications.
Revised Amendment 31 - Housing Scheme Amendment Documentation been sent to the Western Australian Planning Commission, requesting they consider the amendment and seek the final approval of the Minister for Planning. The Minister for Planning will make the final decision on the amendment.
If the scheme amendment is approved, the Council will undertake a review of the impact of the changes in three years.
A letter advising the outcome of the Council meeting has been sent to all respondents to the advertising of Amendment 31, plus all ratepayers in City Beach, Floreat and Mt Claremont.
Changes to Amendment 31 Explained
Summarises major issues raised during the advertising of Amendment 31, the resultant changes endorsed by Council at its 1 July 2015 meeting and the rationalise behind those changes.
Changes to Amendment 31 Explained
Amendment 31 - Housing Scheme Amendment Documentation
The Scheme Amendment documents below have been forwarded to the WAPC for consideration.
The full document contains the original proposal plus the final agreed proposal. The extract document contains the amendments to the original proposal, which were agreed at the Council meeting of 1 July 2015.
COMPLETE Amendment 31 Housing Scheme Amendment documentation
EXTRACT from Amendment 31 Housing Scheme Amendment documentation
Council Meeting Minutes