FAQs

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. 

The applicant for this project is Apex Planning.

The development comprises of 1 lot at 100 Montgomery Avenue, Mt Claremont. The site is 3,306m² in area and is located to the north of the Mt Claremont Library and Community Centre.

The proposal seeks the:

• Construction of a two storey child care centre (early learning centre) on the southern half of the property to accommodate the following:
  • Up to 93 children and 17 staff
  • Operating hours of 6:30am – 6:30pm Monday-Friday
  • Under croft parking for 32 vehicles
  • Driveway with access to Montgomery Avenue
• Construction of six (6) single-storey aged and dependent persons dwellings on the northern half of the property to accommodate the following:
  • Central driveway with direct access to Montgomery Avenue
  • 3 bedrooms, 2 bathrooms with outdoor living area
  • Enclosed garages
  • Intended for aged housing (over-55’s), but being considered as ‘aged and dependent persons’ dwellings.

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 Joint Development Assessment Panel.

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.

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 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. 

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. 

The subject site is zoned Residential R30 by the City of Nedlands Local Planning Scheme No.3.

The proposed land use is ‘Residential’ for the aged and dependent persons dwellings and ‘Child Care Premises’ for the child care (early learning) centre. 

The residential use is permitted by the City’s Local Planning Scheme No.3. It will be assessed against the Residential Design Codes and City policies. 

The child care premises uses is a discretionary use and requires formal advertising prior to determination. As a discretionary use, the DAP will be required to exercise its discretion to grant development approval after consideration against Scheme and policy requirements and giving due regard to submissions received.

The consideration of multiple uses on the same site is possible under the planning controls. Each separate land use will be considered against the requirements of the City’s Local Planning Scheme and Policies, as well as State Planning Policies.

Direct property access from Montgomery Avenue has been avoided in the past. However, there is no legal restriction to access being taken directly from Montgomery Avenue for this property.

The proposed development will comprise of two storeys for the child care premises and one storey for the dwellings.

The shadow from the child care premises will fall into the adjacent reserved land managed by the City of Nedlands. The applicant advises that 325m² of shadow will fall into the reserve on 21 June (winter solstice).

A total of 32 car parking bays are proposed for the child care premises. Each aged and dependent persons dwelling will have a two-car garage.

Given the location of the site, the impact of noise on residential amenity is a major area of consideration of the application. Noise associated with the operation of child care premises is controlled by the Environmental Protection (Noise) Regulations 1997. The applicant has submitted an Environmental Noise Assessment as part of the application. This assessment will be reviewed by the City of Nedlands as part of the processing of the application. In the event that the application is approved, conditions will be placed to ensure compliance with the Noise Regulations.

The application will be assessed against the provisions of State Planning Policy Residential Design Codes Volume 1, the ten principles of 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

Yes, all owners and occupiers of land within 200m of the development site have been informed in writing, irrespective that they may not be located with the City of Nedlands.