What are the implications of the proposed changes?

It all depends on your personal circumstances and what your views of land use in Nedlands should be. Residents may be directly or indirectly affected in a number of ways.

For example if a property is now proposed to be able to be subdivided that may be seen as a benefit to the owner – potential increased land value or the ability to remain in the same house but with a smaller garden, but the same situation may be seen as a negative outcome by the adjoining neighbour – increased housing density including height, increased traffic and loss of amenity or “character” of the neighbourhood even though they may be able to do the same.

At a community level increased housing density could provide for a greater variety of housing choices such as allowing for downsizing into an apartment while remaining in the area or it could be seen as imposing a development style that is out of keeping with the open leafy nature of existing areas. Again your views on the changes will depend on your personal preferences and situation.

To understand how the changes may affect you directly or indirectly the Council encourages you to use the resources available on this site, contact a member of Council’s Strategic Planning Team, seek your own professional planning advice or attend one of our community open days

The Council is keen to hear your views on the proposed changes but pleased be aware that they can only consider written submissions in the specified format.


What is a Local Planning Scheme?

The Planning and Development Act 2005 requires that all Local Governments maintain a Local Planning Scheme (Scheme).

A Scheme is a statutory document that sets out development controls for all land within a Local Governments jurisdiction. Importantly Schemes set out the zoning of land, permissible land uses, the scale of development and other important information relating to building and development standards across the City.

This document forms the basis behind all planning decisions made by the City of Nedlands.

The draft Local Planning Scheme No. 3 consists of the Scheme Text and Scheme Map, which should be read in conjunction with the Planning and Development (Local Planning Schemes) Regulations 2015 Deemed Provisions. These documents can be downloaded from the Document Library

Why does the City need a new Scheme?

When draft Local Planning Scheme No. 3 is gazetted it will supersede the City’s current Town Planning Scheme No. 2 which has been in force since 1985. Since the original gazettal of Town Planning Scheme No. 2, over 30 years ago, planning legislation and practices have undergone significant reform. By creating a new Scheme the City is ensuring it is up-to-date with current legislative requirements. 

How do I find out if I am affected by a zoning or density change?

Please check out the City’s online interactive maps: 

http://gispublic.nedlands.wa.gov.au/IntraMaps80/?project=Planning&module=Current%20TPS%202

By clicking on a property, you will be able to see the proposed zones and density codes.  Once you have checked out your zoning, have a read through the scheme text to see how you will be affected. 

How can I make a submission?

A submission can be made through the following ways:

  • Completing the online form
  • In a letter addressed to the Chief Executive Officer, City of Nedlands, PO Box 9, Nedlands, WA.  6909.
  • Email: council@nedlands.wa.gov.au
Please ensure you include your name, address and interest (e.g. ratepayer, business owner, visitor etc) to ensure your submission is valid.

What is the relationship between draft Local Planning Scheme No. 3 and the Local Planning Strategy?

The Local Planning Strategy is a high-level document which sets out the strategic direction the City will aim towards for the next 30 years. This document contains objectives and principles which will guide future development. The Strategy provides the broad rationale underpinning the land use zonings, planning provisions and development controls in the draft Local Planning Scheme No. 3.

Draft Local Planning Scheme No. 3 is the statutory document which aims to implement and deliver on some of the short term objectives of the Local Planning Strategy. Draft Local Planning Scheme No. 3 therefore must be consistent with the concepts of the Local Planning Strategy.

For example where the Local Planning Strategy indicates future development is to occur, draft Local Planning Scheme will implement increased densities through zoning controls and R-Codes to deliver on this objective.

Draft Local Planning Scheme No. 3 is required to be reviewed every 5 years to incrementally work towards delivering on the long-term objectives of the Local Planning Strategy. Not all of the objectives outlined in the Strategy will therefore be achieved in this current iteration of the Scheme (draft Local Planning Scheme No. 3). 

What are R-Codes?

The Residential Design Codes (the R-Codes) are a State Planning Policy that set standards for residential development across Western Australia.

The R-Codes provide the basis for defining residential density and density code as determined under Local Planning Schemes.

Residential properties are labelled with R-Codes, such as “R20” or “R40”, on scheme maps. These numbers let you know the potential number of dwellings possible for that lot. 

The R-Code numbers were originally developed to represent how many dwellings could fit on one hectare of land (eg. R20 would equate to 20 dwellings per 10,000m²). But since they were first introduced the minimum and average land area requirements for some densities have changed, so this rule of thumb is not always accurate for each R-Code.

Generally, the lower the R-Code number, the lower the density, and therefore a lower number of dwellings is allowed on that lot.

Fore more information about the R-Codes, visit the WA Planning site:

https://www.planning.wa.gov.au/residential-design-codes.aspx

It is important to review the R-Codes in relation to LPS 3 because it also includes specific requirements relating to minimum frontage, open space, minimum setbacks and building heights and so forth. 

Why do some areas have a change in R-Code?

Reviews of zoning and R-Codes are occurring in a number of local government areas so they align to the State Government’s strategic plan Perth and Peel @ 3.5 million

This plan seeks to increase densities close to activity centres and public transport corridors in inner-city areas to limit urban sprawl and consolidate Perth’s urban footprint. 

How can I confirm how many dwellings can go on my lot?

The potential to redevelop is complex – it’s not just dependent on your R-Code but also the ability to meet a number of other criteria, including but not limited to, open space, setbacks, building height, visual surveillance, visual privacy, overshadowing, car parking etc. All of these criteria may significantly influence the development potential and number of dwellings that can be constructed.

A good starting point when considering a lots subdivision or development potential is to discuss your options with a private planning consultancy, architect or licensed land surveyor.

Due to the number of criteria that need to be considered, the City of Nedlands can only provide general information regarding the R-Codes. This advice does not guarantee subdivision or development potential. 

The advice the City can provide is to look at the size of your lot and the associated R-Code number.

Single and Grouped Dwellings

For single (i.e. single house) and grouped dwellings (i.e. duplex), the R-Code number relates to an ‘average lot size’ which is required for each dwelling. The City uses this number to calculate how many lots could fit on your property.

Multiple Dwellings

Multiple dwellings (i.e. apartments) can potentially be built on land with an R-Code of R40 or greater, with the number of dwellings permitted dependent on the plot ratio number associated with the R-Code. Generally, the higher the plot ratio and more you can build on a site.

For multiple dwellings there is no set number of apartments that could be developed on a site. Multiple dwellings are based on ‘plot ratio area’. This plot ratio area determines the total floor space that a lot can develop into apartments. The number of apartments is therefore determined based on the size of apartments and the configuration of apartments which is flexible for the developer to determined.

What do I need to include in my submission?

The legislative requirements under the Planning and Development (Local Planning Schemes) Regulations 2015 require that all submissions must be provided to the City in writing, and must include the following in order to be a valid submission:

a)  Your full name;
b)  Your address; and
c)   A statement about the capacity in which you are making a submission (i.e. landowner, resident, business owner, business tenant etc.)  

Submissions received which do not provide all of the above information cannot be considered. 

Should I seek professional help to prepare my submission?

The draft Local Planning Scheme No. 3 will only supersede the City’s current Town Planning Scheme No. 2 upon its final gazettal. 

Professional advice should be obtained before applying or relying upon this document in any circumstance as the Local Planning Scheme No. 3 is a draft document which is subject to significant review and modifications which has been published by the City of Nedlands. 

Any representation, statement, opinion or advice expressed or implied in this document is made in good faith and on the basis that the City of Nedlands, its employees and agents are not liable for any damages or loss whatsoever which may occur as a result of action taken or not taken, as the case may be, in reliance upon this document and error or omission in this document and supporting documents.

Will I get a confirmation that I have provided a submission?

Yes, the City will provide a confirmation in writing (via letter, email or notification online) of the receipt of your submission.

This receipt however will not detail if the submission is valid. It is therefore important that you ensure your submission is valid before submitting to the City. 

How long is the Scheme being advertised?

Draft Local Planning Scheme No. 3 is being advertised from 1 December 2017 until 29 March 2018.

Submissions must be received before 5pm Thursday 29 March 2018. 

What if I provide comments after the advertising period?

Due to the constrained time frames for the City to read submissions and report to Council, submissions received after the close of advertising cannot be considered.

It is therefore important that submissions are received within the advertising period to provide enough time for staff to read your submission and consider all comments in full.

If your submission is not received by the City prior to 5pm on Thursday, 29 March 2018, you will be notified that your submission has not been included in the report to Council. 


What happens after advertising?

Staff will read and summarise each submission. These are then attached to a report to Council. As part of this report, staff will discuss the key themes raised in the submissions and make recommendations to Council on modifications to the Scheme to address the key themes.

Council will then need to consider the recommendations in the report and resolve –

(a)  to support the draft scheme without modifications; or

(b)  to support the draft scheme with proposed modifications to address issues raised in the submissions; or

(c)  not to support the draft scheme.

A copy of the summarised submissions and the Council report will then be forwarded to the Western Australian Planning Commission (WAPC) and Minister for Planning for its final endorsement. 

Will my submission be confidential?

Submissions will not be confidential. For a submission to be valid a name and address must be included with each submission. 

A summary of submissions attached to the Council report may include personal details (including name, address and contact information). This information can also be requested by Elected Members; and/or the Western Australian Planning Commission and Minister for Planning for their viewing.

What if I don’t like the changes to my property?

The reason the City is advertising the draft Local Planning Scheme No. 3 is to get your comments on the proposed changes, whether you agree or disagree. If you do not agree with the changes proposed by the draft Local Planning Scheme No. 3, you are encouraged to let us know by written submission. Your submission will be summarised and presented to Council after the close of advertising.

Changes to draft Local Planning Scheme No. 3 may result from your submission, so it is important for you to explain the reasons why.

Will the changes affect my property value?

The City cannot comment on whether changes proposed in draft Local Planning Scheme No. 3 will affect property values. 

It is recommended you get in touch with a licensed property valuer and/or private planning consultant to provide professional advice on these matters. 

What are the Deemed Provisions?

The Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations) were gazetted on 25 August 2015 which replace the Town Planning Regulations 1967. The Regulations contained two schedules – the Model Scheme Text and the Deemed Provisions, these are explained in more detail below:

  1. The Model Scheme Text sets out the content which Schemes must cover and the format in which Schemes are presented. The draft Local Planning Scheme No. 3 therefore reflects the layout and content of the Model Scheme Text. 
  2. The Deemed Provisions are controls which automatically apply to every operational Scheme in Western Australia, effective from 19 October 2015. The Deemed Provisions set out the statutory requirements for:

  • Applications for Development Approval;
  • The procedure for dealing with applications for Development Approval;
  • Definitions;
  • Heritage protection;
  • The process for the preparation and adoption of a Local Planning Policy;
  • The process for the preparation and adoption of Structure Plans;
  • The process for the preparation and adoption of Local Development Plans;
  • The process for the preparation and adoption of Activity Centre Plans;
  • Enforcement and Administration; and
  • Delegations.

The Deemed Provisions are designed to be consistent across all Local Governments and therefore cannot be varied by the City. Local Planning Scheme No. 3 therefore needs to be read in conjunction with the Deemed Provisions of the Regulations.

A copy of the Deemed Provisions can be viewed and downloaded from the Department of Planning website:

https://www.planning.wa.gov.au/publications/7295.aspx