Your Questions Answered FAQs
About the Development Application
What is a Development Application (DA)?
A 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 Advisory Pty Ltd. The proposed development has been designed by Hassell.
Where is this development located?
The development is located on 87-89 Broadway, Nedlands. Each site is currently occupied by a single house.
What is proposed?
A Mixed Use Development comprising of 36 Multiple Dwellings and an Office Tenancy.
Is there a conflict of interest if Hassell have designed the development, given that they are undertaking built form modelling for the City?
On the 23 January 2020, the City appointed Hassell to undertake the built form modelling for the Nedlands Town Centre, Broadway and Waratah Precincts. Whilst potential conflicts of interest are managed through the terms of Hassell's contract with the City, there is a potential for a perception of there being a conflict of interest. Therefore, the City has appointed an independent planning consultant, Altus Planning, to undertake the assessment work and present at the Metro-Inner North Joint Development Assessment Panel for this application.
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, 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 long would any approval be valid for?
If approved, 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.
If the application is refused, what happens next?
If refused, the applicant has a right of appeal by the State Administrative Tribunal in accordance with Part 14 of the Planning and Development Act 2005.
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 via the submission form on this page.
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.
Planning
What is the zone for the site?
The sites are zoned Residential R-AC3 under the City of Nedlands Local Planning Scheme No.3. They are located in the Melvista Ward.
What is proposed land use for this development?
The application will be assessed against the relevant provisions of the City’s Local Planning Policies which can be found here.
Will any consideration be given to residential amenity?
The application will be assessed against all elements of the Residential Design Codes Volume 2 – Apartments and the ten principles of good design contained in State Planning Policy 7.0 – Design of the Built Environment as well as Clause 67 (n) 'the amenity of the locality' of the Planning and Development Local Planning Schemes Regulations 2015, as a matter to be considered in. These documents place considerable weight on amenity impacts, as does the City’s Local Planning Scheme No.3.
What shadow will the proposed building create?
The applicant's report notes that the proposed development results in an overshadowed area of 50.6% of the adjoining property to the south, during mid-winter.
Building Height
What is the building height?
The development proposes a maximum of six storeys, measuring 20.2 metres in height.
Traffic & Parking
How many car parking bays are proposed?
A total of 71 car parking bays are proposed, which are broken down as follows:
• 59 resident car parking bays;
• 6 resident visitor parking bays;
• 6 commercial parking bays.
Other Matters
Can the sewerage mains in the area support all the extra residents?
Sewerage and water capacity is controlled by the Water Corporation. The Corporation manages the impacts of new development on its infrastructure in a number of ways, including being a party to the state infrastructure committee, which identifies areas where increased development will occur. This ensures that where new infrastructure is needed, development that triggers the infrastructure upgrade also contributes to its delivery. The Water Corporation generally provides comment at the subdivision application stage.
How will waste be managed?
The application includes a Waste Management Plan. All waste bins are located and proposed to be collected within the development site.