FAQs

The City’s Local Planning Scheme No 3 (LPS3) defines RACF as:

“a residential facility providing personal and/or nursing care primarily to people who are frail and aged and which, as well as accommodation, includes appropriate staffing to meet the nursing and personal care needs of residents; meals and cleaning services; furnishings, furniture and equipment. May also include residential respite (short term) care but does not include a hospital or psychiatric facility.”

It is important to note that an RACF is not a hospital or psychiatric facility, and functions in a very different manner.

RACF’s are listed as an ‘A’ use within the Residential and Mixed-Use zones in LPS3. An ‘A’ use is defined in LPS3 as:

‘a use which is not permitted unless the local government has exercised its discretion by granting development approval after giving notice in accordance with clause 64 of the deemed provisions’. 

This means that an ‘A’ use will be advertised in accordance with the City’s Local Planning Policy – Consultation of Planning Proposals and may be considered at the discretion of the City, and in accordance with the requirements of the Local Planning Policy – Residential Aged Care Facilities and LPS3.

The City is currently advertising a new Local Planning Policy – Residential Aged Care Facilities. This LPP includes location requirements, indicating that the City’s preference is for RACF to be located:

• on a lot which has no more than two boundaries to an adjacent residential lot; and
• within proximity to an area of public open space; and
• within proximity to relevant amenities including hospitals, medical centres, shopping precincts and high frequency bus routes.

At the 28 July OCM the Council revoked the previous Local Planning Policy – Residential Aged Care Facilities, as it did not provide appropriate built form controls for RACF within the Residential zone.

In response to this, Administration has prepared a new Draft Local Planning Policy – Residential Aged Care Facilities and will soon be advertising Scheme Amendment No 10 and Scheme Amendment No 11. 

• Draft Local Planning Policy – Residential Aged Care Facilities: This LPP proposes built form controls, design criteria and locational preference for RACF within the City of Nedlands. To view this Draft LPP, please click here.
  
  
• Scheme Amendment No 10: This Scheme Amendment proposes built form controls for the lots specifically affected by Additional Use 9 (AU9) under LPS3 (being 16-18 Betty Street, 73-75 Doonan Road and 69 Melvista Avenue). This scheme amendment will be advertised shortly.
  
  
• Scheme Amendment No 11: This Scheme Amendment proposes built form controls for commercial development within the Residential zone, including RACF. This scheme amendment will be advertised shortly.

In October 2019, the Western Australian Planning Commission (WAPC) released their Draft Position Statement: Residential Aged Care for public comment. This position statement seeks to address the growth in Western Australia’s ageing population, their complex needs associated with increased life expectancy, and consider the need for more RACF to meet the needs of this growing demographic of our society.

The WAPC’s Draft Position Statement outlines their desire for RACF’s to be a Permissible (or ‘P’) use within the Residential zones. This means that the City would have less control or discretion over whether an RACF was appropriate for particular locations within the Residential zone. 

However, the City’s LPS3 states that RACF’s are an ‘A’ use (discretionary use requiring advertising) which provides the City with a greater level of control and discretion where RACF are proposed. However, the WAPC’s Draft Position Statement must be considered by the City and indicates that the WAPC’s preference is that RACF’s are integrated into the Residential section of Western Australia’s communities.

Most zones within the City's Local Planning Scheme do not allow a 'Residential Aged Care Facility' land use. This is outlined in Table 3 of the Local Planning Scheme No.3. 

An 'X' use means that the use is not permitted by this Scheme.

The City's Scheme makes provision for Additional Uses to be permitted in zones that would otherwise not be supported under Table 3 - Zoning Table of the Scheme.  

These Additional Uses have been introduced to the Scheme by way of a Scheme Amendment, and the property address listed for both the community and decision-making processes.

Those properties listed under Clause 19 - Additional Uses, Table 4 where a Residential Aged Care Facility is classified as a 'P' (permitted) use are as follows:

Additional Use No.7

• Lots 104 (53) and 105 (57) Lisle Street, Mount Claremont
• Lot 93 (125) Alfred Road, Mount Claremont

Additional Use No.8

• Lots 169 (80) Mooro Drive, Mount Claremont

Additional Use No.9

• Lot 25 (69) Melvista Avenue, Nedlands 
• Lots 10 (16) and 11 (18) Betty Street, Nedlands
• Lots 19 (73) and 18 (75) Doonan Road, Nedlands
• Lot 93 (125) Alfred Road, Mount Claremont