Scheme Amendments to Local Planning Scheme No. 3

The Minister has issued decisions regarding many of these amendments. Please contact the City's Planning Department should you have questions.

• Minister's Decision - Scheme Amendment No 10 - Additional Use 9 (Betty Street/Doonan Road)

  Share Minister's Decision - Scheme Amendment No 10 - Additional Use 9 (Betty Street/Doonan Road) on Facebook Share Minister's Decision - Scheme Amendment No 10 - Additional Use 9 (Betty Street/Doonan Road) on Twitter Share Minister's Decision - Scheme Amendment No 10 - Additional Use 9 (Betty Street/Doonan Road) on Linkedin Email Minister's Decision - Scheme Amendment No 10 - Additional Use 9 (Betty Street/Doonan Road) link
  CLOSED: This discussion has concluded.

  The City wishes to advise that the Western Australian Planning Commission has considered Scheme Amendment No 10 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 approved the amendment, subject to modifications, in accordance with section 87(2)(a) of the Act.

  It is hereby notified for public information, in accordance with section 87 of the Planning and Development Act 2005 that the Minister for Planning approved the City of Nedlands Local Planning Scheme amendment on 21 December 2021 for the purpose of:

  a. Modifying the conditions applicable to Additional Use 9 (A9) as follows:

  (1) Residential aged care facility is a ‘P’ use.

  (2) A local development plan to be prepared in accordance with Part 6 of the Planning and Development (Local Planning Schemes) Regulations 2015.

  (3) In relation to Lot 25 (69) Melvista Avenue:

  • A maximum plot ratio of 1.0 applies.

  (4) In relation to Lots 10 (16) and 11 (18) Betty Street, and Lots 19 (73) and 18 (75) Doonan Road:

  • Development to be in accordance with the R80 density code and associated primary controls prescribed in State Planning Policy 7.3 Residential Design Codes Volume 2 – Apartments.

  b. Allocating the R12.5 density code to Additional Use 9 site on the scheme map.

  
  

  The City's Local Planning Scheme No 3 and related maps will be updated accordingly.

  
  

  
  

• Minister's Decision - Scheme Amendment No 8 - Alexander Road

  Share Minister's Decision - Scheme Amendment No 8 - Alexander Road on Facebook Share Minister's Decision - Scheme Amendment No 8 - Alexander Road on Twitter Share Minister's Decision - Scheme Amendment No 8 - Alexander Road on Linkedin Email Minister's Decision - Scheme Amendment No 8 - Alexander Road link
  CLOSED: This discussion has concluded.

  The City wishes to advise that the Western Australian Planning Commission has considered Amendment No 8 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 approved the amendment, subject to modifications, in accordance with section 87(2)(a) of the Act.

  It is hereby notified for public information, in accordance with section 87 of the Planning and Development Act 2005 that the Minister for Planning approved the City of Nedlands Local Planning Scheme amendment on 21 December 2021 for the purpose of:

  (a) modifying the residential density code from R60 to R40 for the following properties:

  (i) 1, 3, 3A, 5A, 5B, 7A, 7B, 9, 15, 17, 19 and 21 Alexander Road Dalkeith;

  (ii) 107 and 108 Waratah Avenue, Dalkeith;

  (iii) 29, 31, 32, 33 and 35 Philip Road, Dalkeith; and

  (iv) 7 Alexander Place, Dalkeith

  (b) retaining the existing R80 residential density code for the following properties:

  (i) 4A, 4B, 6, 8A, 8B and 10 Alexander Road, Dalkeith; and

  (ii) 26 and 28 Philip Road, Dalkeith

  
  

  The City's Local Planning Scheme No 3 and related maps will be updated accordingly.

• Minister's Decision - Scheme Amendment No 11 - Residential Aged Care Facility -Amendments to Cl 32.4 and Addition of Cl 32.7

  Share Minister's Decision - Scheme Amendment No 11 - Residential Aged Care Facility -Amendments to Cl 32.4 and Addition of Cl 32.7 on Facebook Share Minister's Decision - Scheme Amendment No 11 - Residential Aged Care Facility -Amendments to Cl 32.4 and Addition of Cl 32.7 on Twitter Share Minister's Decision - Scheme Amendment No 11 - Residential Aged Care Facility -Amendments to Cl 32.4 and Addition of Cl 32.7 on Linkedin Email Minister's Decision - Scheme Amendment No 11 - Residential Aged Care Facility -Amendments to Cl 32.4 and Addition of Cl 32.7 link
  CLOSED: This discussion has concluded.

  The City wishes to advise that the Western Australian Planning Commission considered proposed Scheme Amendment No. 11 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 requirement related to local development plans is a duplication of requirements under clause 47(d) of the deemed provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 and contrary to Reform Initiative C6 of the State’s Action Plan for Planning Reform, which seeks to ensure planning tools are fit for purpose, streamlined, and reduce red tape.

  2. The built form requirements are either a duplication of the Residential Design Codes or do not demonstrate why the requirements are necessary above the existing State planning framework requirements. The appropriateness of quantifiable standards and mechanisms to address any built form issues would be most effective when holistically considered through the Strategic Gap Analysis of the City’s Local Planning Framework.

  
  

  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. 11.

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

  Share Minister's Decision - Scheme Amendment No 9 - Deep Soil Planting Requirements for Single and Grouped Dwellings on Facebook Share Minister's Decision - Scheme Amendment No 9 - Deep Soil Planting Requirements for Single and Grouped Dwellings on Twitter Share Minister's Decision - Scheme Amendment No 9 - Deep Soil Planting Requirements for Single and Grouped Dwellings on Linkedin Email Minister's Decision - Scheme Amendment No 9 - Deep Soil Planting Requirements for Single and Grouped Dwellings link
  CLOSED: This discussion has concluded.

  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.

• Minister's Decision - Scheme Amendment No 7 - Amendment to Density Coding on Broadway, Hillway, Kingsway, Edward & Elizabeth Street

  Share Minister's Decision - Scheme Amendment No 7 - Amendment to Density Coding on Broadway, Hillway, Kingsway, Edward & Elizabeth Street on Facebook Share Minister's Decision - Scheme Amendment No 7 - Amendment to Density Coding on Broadway, Hillway, Kingsway, Edward & Elizabeth Street on Twitter Share Minister's Decision - Scheme Amendment No 7 - Amendment to Density Coding on Broadway, Hillway, Kingsway, Edward & Elizabeth Street on Linkedin Email Minister's Decision - Scheme Amendment No 7 - Amendment to Density Coding on Broadway, Hillway, Kingsway, Edward & Elizabeth Street link
  CLOSED: This discussion has concluded.

  The City wishes to advise that the Western Australian Planning Commission considered proposed Scheme Amendment No. 7 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. Refuses to approve Amendment No 7 as it is premature in advance of comprehensive and objective consideration of:

  a. the issues perceived to be raised by implementation of the existing R-AC3 and R60 density codes; and

  b. appropriate instrument and/or measures in the local planning framework to address the issues perceived to be realised by implementation of the existing R-AC3 and R60 density codes.

  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. 7.

• Minister's Decision - Scheme Amendment No 4 Fast Food Outlets (Land Use Permissibility)

  Share Minister's Decision - Scheme Amendment No 4 Fast Food Outlets (Land Use Permissibility) on Facebook Share Minister's Decision - Scheme Amendment No 4 Fast Food Outlets (Land Use Permissibility) on Twitter Share Minister's Decision - Scheme Amendment No 4 Fast Food Outlets (Land Use Permissibility) on Linkedin Email Minister's Decision - Scheme Amendment No 4 Fast Food Outlets (Land Use Permissibility) link
  CLOSED: This discussion has concluded.

  The City wishes to advise that the Western Australian Planning Commission considered proposed Scheme Amendment No. 4 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 is broadly inconsistent with the intent and objectives of the State planning framework; and

  2. The amendment is structurally flawed, proposing inconsistencies between the Zoning Table and the Scheme text under Local Planning Scheme No. 3.

  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. 4.

• Scheme Amendment No.7 - Amendment to Density Coding on Broadway, Hillway, Kingsway, Edward & Elizabeth Street

  Share Scheme Amendment No.7 - Amendment to Density Coding on Broadway, Hillway, Kingsway, Edward & Elizabeth Street on Facebook Share Scheme Amendment No.7 - Amendment to Density Coding on Broadway, Hillway, Kingsway, Edward & Elizabeth Street on Twitter Share Scheme Amendment No.7 - Amendment to Density Coding on Broadway, Hillway, Kingsway, Edward & Elizabeth Street on Linkedin Email Scheme Amendment No.7 - Amendment to Density Coding on Broadway, Hillway, Kingsway, Edward & Elizabeth Street link
  CLOSED: This scheme amendment has closed.
  

  The City is currently progressing with the proposed Scheme Amendment No.7 to Local Planning Scheme No.3 (LPS3) that relates to decreasing the density coding of several properties within the Broadway Precinct.

  Previously, submissions were received from the community and the scheme amendment was referred back to Council on 3 September 2020, where it was resolved to support the Scheme Amendment. The Scheme amendment was referred to Western Australian Planning Commission (WAPC) on 4 September.

  In late September 2020, the WAPC advised the City that the scheme amendment was considered to be a complex scheme amendment and that it would need to be re-advertised for a period of 60 days, to comply with the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations)

  An opportunity to provide comment on the proposed Complex Scheme Amendment No.7 is now available. If you have previously lodged a submission when Scheme Amendment No.7 was advertised, you will be required to re-lodge your submission. Previous submissions received will not be considered.

  To find out more about Scheme Amendment No.7 including how to make a submission, click here.

  Submissions close 5pm Sunday 31 January 2021.

• Scheme Amendment No.11 - Additional Built Form Requirements

  Share Scheme Amendment No.11 - Additional Built Form Requirements on Facebook Share Scheme Amendment No.11 - Additional Built Form Requirements on Twitter Share Scheme Amendment No.11 - Additional Built Form Requirements on Linkedin Email Scheme Amendment No.11 - Additional Built Form Requirements link
  CLOSED: This submission period has closed.
  

  The Council at their Ordinary Council Meeting on 28 July 2020 resolved to prepare for advertising Standard Scheme Amendment No.11 to the City of Nedlands Local Planning Scheme No. 3. The City has now received correspondence back from the Environmental Protection Authority (EPA) and can proceed with the formal public advertising of the proposed Scheme Amendment.

  This Scheme Amendment was initiated as a result of a recent application received for a residential aged care facility within a Residential Zone within the City. This Scheme Amendment proposes the introduction of an additional sub-clause to Clause 32, being Sub-clause 32.7, which provides clearer guidance relating to built form requirements for all non-residential developments proposed within a Residential Zone under the Local Planning Scheme No.3.

  To find out more about Scheme Amendment No.11 including how to make a submission, click here.

  Submissions close 5pm 14th November 2020.

  
  

• Scheme Amendment No. 10 – Amendment to Additional Use 9

  Share Scheme Amendment No. 10 – Amendment to Additional Use 9 on Facebook Share Scheme Amendment No. 10 – Amendment to Additional Use 9 on Twitter Share Scheme Amendment No. 10 – Amendment to Additional Use 9 on Linkedin Email Scheme Amendment No. 10 – Amendment to Additional Use 9 link
  CLOSED: This submission period has closed.
  

  The Council at their Ordinary Council Meeting on 28 July 2020 resolved to prepare for advertising Standard Scheme Amendment No.10 to the City of Nedlands Local Planning Scheme No. 3. The City has now received correspondence back from the Environmental Protection Authority (EPA) and can proceed with the formal public advertising of the proposed Scheme Amendment.

  This Scheme Amendment was initiated as a result of a recent application received for a residential aged care facility within a Residential Zone within the City. The scheme amendment proposes the introduction of additional built form controls to Additional Use 9, as listed in Clause 19 - Additional uses in the City of Nedlands Local Planning Scheme No.3.

  To find out more about Scheme Amendment No.10 including how to make a submission, click here.

  Submissions close 5pm Saturday 7th November 2020

  
  

• Advertising Scheme Amendment No. 8 – Reduction in the density code of properties in the Alexander Road, Dalkeith vicinity to R35

  Share Advertising Scheme Amendment No. 8 – Reduction in the density code of properties in the Alexander Road, Dalkeith vicinity to R35 on Facebook Share Advertising Scheme Amendment No. 8 – Reduction in the density code of properties in the Alexander Road, Dalkeith vicinity to R35 on Twitter Share Advertising Scheme Amendment No. 8 – Reduction in the density code of properties in the Alexander Road, Dalkeith vicinity to R35 on Linkedin Email Advertising Scheme Amendment No. 8 – Reduction in the density code of properties in the Alexander Road, Dalkeith vicinity to R35 link
  CLOSED: This submission period has concluded.
  

  The Council at their Ordinary Council Meeting on 26 May 2020 resolved to prepare for advertising Standard Scheme Amendment No. 8 to the City of Nedlands Local Planning Scheme No. 3.
  This Scheme Amendment is for the purpose of reducing the density code of selected properties in Alexander Road, Philip Road, Alexander Place and Waratah Avenue, Dalkeith from R60 or R80 to R35.

  The Amendment documentation is available for viewing in the document library and available for comment via the submission form.

  Submissions close 5pm Friday 28 August 2020.