About the Development Application

    What is a Development Application (DA)?

     

    Development Application (DA) is an application made to Council seeking consent to carry out development including construction, demolition, change of use, display of advertising, subdivision, or making alterations or additions to a property or premises. A DA is required so that Council can assess the likely impacts of the proposal.

    Who is the applicant?

     

    The applicant for this project is Element.

    Where is this development located?

    The development comprises of four lots being 37-43 Stirling Highway, Nedlands at the corner of Williams Road.

    Why has the City allowed this application to be proposed?

     

    The City cannot refuse to accept an application for assessment. The City must follow the correct assessment process and will access the application according to the planning process, make a recommendation with the final decision made by the Metro Inner-North Development Assessment Panel.  

    What is the City’s view of this application – will it be supported?

     

    The City follows a process for each Development Application received. The application must be assessed according to the provisions of the City's Local Planning Scheme(External link), advice will be sought on design quality  and the consultation submissions will be considered prior to the City forming a view on this application.  

    A recommendation is then presented to the Metro Inner North Joint Development Assessment Panel (DAP), who is the final decision maker. The Council have the opportunity to consider the recommendation made to the DAP, but not alter it.


    How can I make a submission or be heard by the Council or the Development Assessment Panel (DAP) on this matter?

     

    Submissions can be made on the ‘Your Voice' online submission form. Should you make a submission on the application, you will be notified of the relevant Development Assessment Panel (DAP) meeting and how to apply to make a deputation at the meeting.

    What is proposed?

    The proposal seeks approval for an 18 storey mixed use development comprising 75 multiple dwellings and 7 commercial tenancies. 

    How long would any approval be valid for?

    Normally, a planning approval is valid for 2 years, unless a different period of time of explicitly set. Currently, all planning approvals are valid for 4 years as a response to the current COVID-19 pandemic. This longer period of time will remain until the current State of Emergency is cancelled.

Building Height

    What shadow will the proposed building create?

    According to the applicant's report, 39% to 36 Stirling Highway and 0.2% to 28 Stirling Highway, Nedlands.

    How many storeys is the proposed developement?

    The proposed development will consist of one 18 storey building  

Traffic

    What about the extra traffic that will be generated by this proposed development?

     

    The application includes a Traffic Impact Statement. The report considers the projected traffic generated from the proposed development and assesses how this fits into the surrounding road network. This report also considers existing and proposed pedestrian and cyclist facilities as well as public transportation availability.  This report is currently being reviewed by the City. 

    How many parking bays are proposed?

    A total of 162 car parking bays are proposed which includes 6 ACROD bays.

Amenity and Infrastructure

    Will any consideration be given to residential amenity?

     

    The application will be assessed against the ten principles of good design contained in State Planning Policy 7.0 – Design of the Built Environment which places considerable weight on amenity impacts, as does the City’s Local Planning Scheme No.3.

    Can the sewerage mains in the area support all the extra residents?

     

    Sewerage and water capacity is controlled by Water Corporation. The Corporation manages impacts of new development on its infrastructure in a number of ways. This includes being a party to the state infrastructure committee, which identifies areas where increased development will take place. This allows for new development to be planned for with any new infrastructure required identified and contributed to by the developer or developers that trigger the upgrade. Water Corporation are also required to make comment on developments of this type.

Zoning and Land Use

    What is the zone for the site?

     

    The site is zoned Mixed Use R-AC1 under the City of Nedlands Local Planning Scheme No.3

    What is proposed land use for this development?

    The application proposes multiple dwellings, offices, shops, restaurant/café and art gallery land uses. 

    1. City receives Development Application (DA)

    • The applicant submits a Development Application (DA) to the City of Nedlands
    • DA is recorded and an initial assessment is made by a City planning officer
    • City officer forwards information to the Development Assessment Panel (DAP) at the WA Department for Planning for lodgement
    • The City then has 90 days to complete a full submission called a Responsible Authority Report (RAR) to present to the DAP

    2. Consultation and referrals

    • CONSULTATION: The DA is advertised according to the City's Consultation of Planning Proposal Local Planning Policy received by the City are collated, summarised and considered by the City planning officer according to the criteria and planning guidelines/schemes
    • REFERRALS: The DA is referred to internal relevant departments within the City for review and comment

    3. Assessment

    The application will be assessed against the ten principles of good design contained in State Planning Policy 7.0 – Design of the Built Environment which places considerable weight on amenity impacts, as does the City’s Local Planning Scheme No.3

    4. Responsible Authority Report (RAR)

    Planning Officer prepares Responsible Authority Report (RAR), and RAR is submitted to Development Assessment Panel (DAP) for determination.

    Note:  If applicable, the RAR may be presented to a Council Meeting or Special Council Meeting if required for comment prior to being submitted JDAP.

    5. DAP Meeting and DA determination

    • Following the submission of the RAR, the Development Assessment Panel (DAP) secretariat will organise a meeting time and place for the determination and the applicant and any submitters are made aware as they are welcome to attend the meeting and provide deputations if desired
    • The DAP members (consisting of a Chairperson, two independent appropriate professionals - usually architects or planners and two representative City Elected Members) consider the proposal, responsible authority report and any deputations before providing their determination of the application
    • The decision is made for or against the application (with conditions and reasoning stated) by the DAP and the decision communicated to the City and the relevant applicant