Local Planning Scheme No 3

The City has been made aware of misinformation circulating to the community in relation to Local Planning Scheme No. 3.

In response, the City has sought to clarify the planning process in relation to scheme and interpreting the density map – and urges people to visit and read the information available on this engagement page or call or email (council@nedlands.wa.gov.au) the planning department on for the correct information.

This misinformation comes after Planning Minister Rita Saffioti directed the City to make modifications to LPS3 before it is endorsed and gazetted.

Planning and Development (Local Planning Schemes) Regulations require the City to provide a copy of the modified scheme to the WA Planning Commission within 42 days (15 March) of receiving the Minister’s direction.

In the meantime, the Minister’s office has released a map of Nedlands and Dalkeith for public information showing the densities that will result from the modifications. A map showing properties zoned mixed use has also been provided for public information. Both maps are available in the document library.

Understanding the minister’s schedule of modifications contains technical instructions to the City, describing how officers are to amend the Local Planning Scheme text. For this reason, the schedule of modifications is a confidential document intended for planning officer interpretation.

The document’s confidentiality should ensure administration has sufficient time to prepare a community engagement strategy, explaining the final scheme’s contents in clear, understandable language.

Once the scheme is gazetted, the City will hold information sessions to help the community understand and interpret the new scheme requirements.

The misinformation circulated included scheme requirements associated with laneway widening in the Nedlands area. The requirement to provide land to widen an existing laneway so it can be used for vehicle access and servicing will only apply when landowners themselves decide to subdivide or re-develop with more than one dwelling.

The requirement to contribute land to widen an existing laneway to an appropriate width is common practice throughout Perth’s metropolitan area and is even applied currently in the City of Nedlands under Town Planning Scheme No. 2.

A media release has also been prepared in regard to the misinformation. Please visit the City’s website to read the media release.

Planning Minister Rita Saffioti has signed off on draft Local Planning Scheme No.3 and directed the City of Nedlands to make a number of modifications to the advertised version of the scheme before it receives final approval.

The City has received the list of modifications and are now required to make the modifications within the next 42 days (15 March) in accordance with the Minister's Order.

The final version of the scheme will then be returned to the WA Planning Commission and Planning Minister for endorsement.

Following endorsement, the scheme will be published in the Government Gazette and will then be operational resulting in Town Planning Scheme No.2 (TPS2) being redundant. At this point, the full endorsed copy of the scheme text and scheme maps will be available for public viewing and published in the local newspapers, placed on the City's website, update to the IntraMaps system and this engagement page.

Letters will also be sent to everyone who made a submission.

Draft Local Planning Scheme 3 was considered by the Western Australian Planning Commission’s Statutory Planning Committee on 11 December 2018.

The Committee meeting agenda and minutes can be accessed through the Department of Planning, Lands and Heritage website via the following link:

https://online.dplh.wa.gov.au/PAM/view.asp?d=Statutory%20Planning%20Committee

Statutory Planning Committee items relating to Local Planning Schemes are confidential and as such the report from the Department of Planning, Lands and Heritage and the Committee’s recommendation is not publicly available.

The City understands the Statutory Planning Committee’s recommendation has now been provided to the Minister for Planning. The Minister will make the final decision on the Scheme and may:

1. refuse the Scheme; or
2. approve the Scheme with or without modifications.

Should modifications be proposed, the Minister may or may not require the modifications to be advertised.

Once the Minister has made a decision, submitters will be notified, and a notice will be published in the local newspaper and on the City’s website. It is noted there is no specified timeframe for the Minister’s decision.

The City has progressed with the decision of Council and the following documents are provided in the document library for information:

• Letter to Submitter's advising of Council's decision on draft LPS3
• Council's reasons for not supporting the draft LPS3.

Council at its Special Council meeting held Tuesday night resolved not to support the draft Local Planning Scheme No. 3.

The Minutes have been confirmed and a brief summary follows:

• Council resolved not to support the draft LPS3.
• The City will send all relevant documentation to the WAPC, including every submission (original submissions and summaries).
• The Mayor and one other Councillor will seek to negotiate with the WAPC to determine what components of the revised LPS3 would be accepted.

The Commission must, within 120 days (or within a period the Minister allows) of receiving all documentation, consider the documents and made recommendations to the Minister.

Thank you to everyone who has participated in this project and provided a submission. The City has received more than 1,000 submissions and the Strategic Planning Team have now considered each submission and the resulting modifications to the advertised LPS3.

Council will be considering the report on the proposed modifications to LPS3 for referral to the WAPC at a Special Meeting on Tuesday, 31 July 2018, commencing at 7pm.

Please note the change of venue for the Council meeting: Adam Armstrong Pavilion, Dalkeith.

The Agenda will be available a week prior to the meeting and will include:

• Council report
• Schedule of submissions summarised
• Schedule of modifications of technical changes
• Copy of LPS3 (text and maps) modified in accordance with the Schedule of modifications.

The agenda, when published, can be found on the City's website, under Your Council>Agendas and Minutes.

The Local Government Act 1995 and the City's Standing Orders Local Law allows members of the public to ask questions in regard to any issues relating to the City. To find out more, please visit the Public Question Time page on the City's website under Your Council>Meetings>Public Question Time.

Should you have any queries, you can still use the Ask Us A Question function on this page, email council@nedlands.wa.gov.au or phone the City on 9273 3500 and ask to speak with a Strategic Planner.

Further updates will be provided on this engagement page as the project progresses.

Thank you to everyone who has participated in the public consultation period. We’ve received over 1000 submissions on the draft Scheme.

Submissions will now be summarised and collated, and a report will be prepared for Council. Updates, including timeframes, will be provided on this page in due course.

Should you have any queries, you can still use the Ask Us A Question function on this page, email council@nedlands.wa.gov.au or phone the City on 9273 3500 and ask to speak with a Strategic Planner.

The last Open Day was held on Saturday (17 March) at Dalkeith with over 50 people attending to discuss their concerns and thoughts with the City's Planning Team.

Time is running out to have your say. You need to finalise your submission and lodge it with the City no later than 5pm on Thursday, 29 March.

Don't forget if you have missed an Open Day, you can still call the City on 9273 3500 to talk to a Planner.

Thank you to everyone who participated in the recent Mt Claremont Open Day. We had over 60 attendees, a great turn out! Don't forget to complete your submissions!

Also, don't forget the City’s last Open Day is being held this Saturday afternoon at Dalkeith Hall. Drop in between 12pm and 4pm to speak to a planner.

The last two Open Days (Saturday, 24 February and Wednesday, 28 February) held at the City's Administration Centre were very successful with approximately 80 people attending over the two days.

If you haven't been to an Open Day and intend to, please do so soon - there are only two left.

Also don't forget the closing date for submissions is fast approaching. If you haven't lodged a submission please do so by 29 March 2018.