FAQ

The relevant planning regulations provide the City of Nedlands with 42 days in which to modify the draft LPS 3 as required and return it to the Minister for Planning for final approval (15 March deadline).

The complete set of Scheme Maps will be made publicly available when the Scheme is gazetted.

Following the decision of the Minister for Planning, the City of Nedlands is required to undertake modifications to the draft LPS 3 and return it for the final approval of the Minister. The LPS 3 will come into effect when it is published in the Government Gazette. It is anticipated that this will occur within the next few months.

Development and Subdivision Applications under LPS 3 cannot be submitted or determined until the Scheme is gazetted. 

City of Nedlands administration presented to Council a series of recommended modifications to LPS 3 at a Special Council meeting on 31 July 2018.

Council considered the submissions received and officer recommendation and resolved not to support the advertised version of Scheme, an option permitted by the Planning and Development (Local Planning Schemes) Regulations. 

An extract of the modified Scheme Map has been prepared by the Minister’s Office for public information purposes. A copy of the map is available in the document library.

The Scheme Text will not be publicly available until the Scheme is gazetted. It is anticipated that this will occur within the next few months. 

The Planning and Development Act does not provide a process for appeal or review of the Ministers decision. Once the Scheme is gazetted it will become operational. 

State Planning Policy 3.1 Residential Design Codes contains subdivision and development requirements for all residential development. 

As part of Stage 1 of Design WA, the Residential Design Codes will be updated to be State Planning Policy 7.3 ‘R-Codes Volume 1’ retaining all content of the current R-codes with the exception of Part 6 (relating to apartment development). New State Planning Policy 7.3: R-Codes Volume 2 (Apartments) will replace the content of Part 6 of the R-Codes.

SPP 7.3 is anticipated to be released on 18 February 2019. Further information can be found on the website of the Department of Planning Lands and Heritage (Design WA).

R-AC1 and R-AC3 are density codes which relate to development and subdivision requirements under the Residential Design Codes. State Planning Policy 7.3 which is anticipated to be released on 18 February 2019 will replace Part 6 of the R-Codes which relate to Apartment development.

On the day the Scheme is gazetted, all active development applications which have not yet been determined will be assessed and determined under the requirements of LPS 3. 

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. 

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. 

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). 

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. 

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. 

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. 

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