Amendments to LPP 1.2: Removal of Occupancy Restrictions

Update: This item was adopted at the Ordinary Council Meeting on 26 March 2024. The minutes are viewable at the following link: Minutes 27 March 2024

Members of the community are invited to make a submission on the draft amendments to Local Planning Policy 1.2: Removal of Occupancy Restrictions (the Policy) through the online survey, via email at planning@nedlands.wa.gov.au, or by sending hard copy submissions to the City’s Administration Building. The amendments change the circumstances in which occupancy restrictions for Aged and Dependent persons may be removed. 

Background

A review of the Policy has been conducted as part of the City’s periodic review of Local Planning Policies and to ensure consistency with the Residential Design Codes (R-Codes). 

The Aged and Dependent Dwellings affected by the Policy were primarily developed under the previous Town Planning Scheme No. 2 as a result of development bonuses provided to landowners who restricted the properties to occupancy by aged and dependent persons. The bonus allowed less site area per dwelling than the density code of the site. The properties generally included a planning restriction and/or a requirement that a notification be put on the title limiting the use of the lots to Aged or Dependent persons as defined in the R-Codes. In effect, such lots were granted a density bonus on the proviso that the houses be used by Aged and Dependent persons, which promoted housing diversity and ageing in place within the City. 

The Policy sets out when removal of those restrictions may be supported.

Draft Policy Amendments

The current policy allows the restrictions to be removed regardless of whether a lot meets the current minimum and average site area. This is contrary to the R-Codes and the City of Nedlands Local Planning Scheme No. 3. It is also debatable as to whether the Policy can be enforced, as it is contrary to scheme provisions.

Over time, the minimum and average lot size requirements within the R-Codes have been reduced by the State government. The proposed amended Policy specifies that removal of occupancy restrictions will only be permitted where a lot size will be consistent with the current density code of a subject lot (ie: the minimum and average site area of the R-Codes). In other words, if the lots are no longer benefiting from a density bonus, the restriction may be removed. This brings the Policy into alignment with the current R-Codes and the City's scheme.

What’s happening now and how can I get involved? 

Members of the community are invited to make a submission online through a survey by clicking here or below, via email at planning@nedlands.wa.gov.au, or by sending hard copy submissions to the City’s Administration Building at 71 Stirling Highway, Nedlands WA 6009. For email and hard copy submissions, please include:

• Subject line: Removal of Occupancy Restrictions
• Full name
• Address
• Email address
• Telephone number
• Whether you support or object to the draft Policy, or if you are providing comment only. 

Consultation will run from 8 September 2023 to 29 September 2023.

Feedback received will be taken into consideration prior to the Policy being provided back to Council. Please note that written submissions are not considered confidential and may be published in Council agendas.