FAQs

No. 

Importantly, the R-Codes does not cap building height, but sets out a suggested height (ie: Acceptable Outcome) of 9 storeys. The draft Strategy itself contemplates heights of between 6 and 12 storeys depending on lot location. 

Currently, Clause 26(3) in the Scheme removes the default Acceptable Outcomes for building height on lots coded R-AC1. This effectively means that building height is not a consideration during the development assessment. By deleting the clause, the height will revert back to the Acceptable Outcomes within the R-Codes, which suggests a height of 9 storeys.

Deleting Clause 26(3) will also allow the City to create a local planning policy that includes further height guidance. However, it is well-established case law that neither the R-Codes nor a local planning policy can place an absolute height limit that does not permit discretion. Any policy that attempts to remove discretion will be disregarded by a decision-maker such as SAT or JDAP.

The draft Strategy is important because the R-Codes allows a decision-maker to approve a development greater than the Acceptable Outcome height of 9 storeys provided that the development achieves the Element Objectives of the R-Codes for building height. The Element Objectives are a set of objective criteria that require the decision-maker to consider things like the desired future scale and character of the area, and solar access for adjoining dwellings. The draft Strategy sets out the desired future scale and character of the area in order to guide assessment and creates a stronger argument for intended height. 

For large developments, the decision-maker will continue to be the Joint Development Assessment Panel (JDAP).

The zoning of a property determines what types of land uses can be approved on a property. Table 3 - Zoning Table in the City of Nedlands Local Planning Scheme No. 3 sets out the land use types that can be considered in each of the zones. The proposed rezoning may restrict the types of land uses that can be approved on your property. For example, a Restaurant is a 'P' (Permitted) use in a Mixed use zone, but a 'X' (Not permitted) use in a Residential zone.

The requirement to include public access in perpetuity across the rear of the lot for vehicle access would only be triggered in the event of large-scale redevelopment of a lot. The idea is that the vehicle access network at the rear of the sites fronting Stirling Highway would be created piecemeal over the long term as large multi-story developments are proposed.

Existing single houses and grouped dwellings are exempt from the access requirements. The only requirements for minor redevelopment on these lots would be to adhere to the requirement to not block the rear 6 metres of the lot so as not to impede future vehicle access. 

When proposing small additions and alterations to existing houses, consideration can be taken into account for existing structures. Additionally, the scheme allows officer discretion to vary the criteria, provided the intent (eventual creation of a right-of-way network) is not impeded.

The proposed clause includes the requirement that new development fronting Striling Highway will need to create and use a rear right-of-way for vehicle access instead of having a crossover directly onto Stirling Highway. The clause requires the imposition of public access in perpetuity over this right-of-way but does not specify the mechanism for achieving this. This leaves open the possibility that a legal agreement and easement could be imposed rather than ceding of land. It also allows for basements to be constructed below the accessway and/or portions of the building to be constructed above provide there is sufficient vehicle clearance. An easement is currently the City's preferred mechanism.

The Strategy is important as it will guide Officer assessment of development applications within the Nedlands Stirling Highway Activity Corridor (NSHAC).

All large developments assessed under Volume 2 of the R-Codes must meet the Element Objectives for building height, etc. A key Element Objective for building height is "The height of the development responds to the desired future scale and character of the street and local area, including existing buildings that are unlikely to change." 

The NSHAC Strategy sets out the City's desired scale and character of the area, thereby giving Officers something specific with which to assess a development against while also providing some degree of guidance for the community and developers. In the future, a Local Planning Policy may be developed that provides further built form guidance for the area.

 Critically, the Strategy does not need approval from the Western Australian Planning Commission and could be adopted in order to guide development while the Scheme Amendment continues through the lengthy process.

Once consultation closes, comments from stakeholders, including State agencies, will be collated and a report presented to Council with a recommendation. Should Officers recommend supporting the Scheme Amendment and Strategy at a Council Meeting, the Strategy could be adopted immediately. The Scheme Amendment will have to be referred to the Western Australian Planning Commission (WAPC), who will then make a recommendation to the Minister for Planning. It is likely to be several months to a year from when Council submits their recommendation until a final decision by the Minister.