Minister's Decision - Scheme Amendment No 9 - Deep Soil Planting Requirements for Single and Grouped Dwellings

The City wishes to advise that the Western Australian Planning Commission considered proposed Scheme Amendment No. 9 and submitted its recommendation to the Minister in accordance with section 87(1) of the Planning and Development Act 2005 (the Act).

The Minister has resolved to refuse the amendment in accordance with section 87(2)(c) of the Act for the following reasons:

1. The amendment proposes variations to State Planning Policy 7.3 Residential Design Codes without demonstrating a specific need for such provisions pertaining to the City of Nedlands in absence of the broader strategic investigations being contemplated by the Council-endorsed Gap Analysis; and

2. The amendment proposes variations to State Planning Policy 7.3 Residential Design Codes which are pre-emptive of the gazettal of the Draft Medium Density Codes in addressing issues regarding deep soil areas and tree retention, and lack the supporting framework provided by the aforementioned Draft Codes.

The City of Nedlands was also further advised:

i. That matters relating to deep soil areas, landscaping and tree retention are being considered as part of an ongoing review process prior to the gazettal of the Draft Medium Density Codes, and that consideration of landscaping provisions on an individual local government basis is not supported ahead of its gazettal; and

ii. That the appropriate planning instruments to address issues, if any, relating to the loss of existing trees on private land within the City of Nedlands may be investigated further following the works associated with the City’s Gap Analysis that was endorsed by Council on the 23 February 2021.

In light of the Minister’s decision, no changes will be made to Local Planning Scheme No. 3 in relation to proposed Scheme Amendment No. 9.