Policy, regulation and legislation

Overview

Undertaking development within the Town is subject to a range of policies, legislation and the Town of Victoria Park Town Planning Scheme No.1. The Town Planning Scheme is comprised of the Scheme Text, Precinct Plans and Local Planning Policies adopted under the Scheme or the provisions of the Residential Design Codes.

Town Planning Scheme No. 1 Scheme Text

The Town Planning Scheme describes the zoning of land within the Town and specifies where particular land uses are permitted. It also sets out development standards for the development and use of land.

Town Planning Scheme No. 1 Precinct Plans

The area covered by the Scheme is split up into various precincts. A series of Precinct Plans have been prepared that describe the Council's town planning intentions and guidelines for the development and use of land within each precinct according to the particular zone or reserve that the land is located within. Printed copies are available for purchase from Town's Administration Centre.

Structure Plans and Detailed Area Plans

Structure Plans and Detailed Area Plans are used to coordinate the subdivision and development of land within identified areas.

Structure Plans typically identify the future pattern of development for an area by depicting specific matters such as the location of roads, land uses, residential densities and pedestrian/cycle networks.

Detailed Area Plans normally provide built form parameters for the development of each lot such as building envelopes, solar orientation and streetscape. The subdivision and/or development of land is required to be generally in accordance with an approved Structure Plan and/or Detailed Area Plan.

The following Structure Plans and Detailed Area Plans have been approved and apply to the development of land within these areas:

Burswood Peninsula District Structure Plan 

Local Planning Policies (LPPs)

The Council has adopted a range of Local Planning Policies relating to urban planning matters, to provide a consistent approach to the way in which certain types of planning applications and forms of development will be assessed and determined by the Town. These policies deal with a range of matters including building height, provision of public art, car parking, specialised forms of accommodation and minor residential development. The Local Planning Policy Manual can be accessed and downloaded as a whole or as individual policy excerpts below.

General Planning Procedures

Residential Development Policy

Development and Design Policy 

Parking and Access Policy

Local Planning Policies adopted under the R-Codes

Under the provisions of the Residential Design Codes of Western Australia (R-Codes), local authorities may prepare and adopt Local Planning Policies to vary the acceptable development provisions for certain design elements set out in part 6 and 7 of the R-Codes. The Town of Victoria Park has prepared and adopted two Local Planning Policies relating to Streetscape (LPP 25) and Boundary walls (LPP 26), which apply to all residential development within the Town.

Council's Local Planning Policy - Streetscape strives to reinforce local residential character by accommodation existing character dwellings and ensuring that new development contributes positively to the street environment. The policy substitutes the provisions of the 'streetscape' design element contained in the Residential Design Codes and applies to all residential development within the Town, unless specified otherwise.

This policy outlines the requirements that apply for application for residential development that incorporate boundary walls, within the Town of Victoria Park. This policy substitutes the provisions contained in the Residential Design Codes related to boundary walls.

Administrative Policies

This Policy allows applications for development approval to be assessed having regard to the height controls contained within the Town of Victoria Park Urban Design Study. 

This Policy outlines the circumstances in which the Town will engage independent representation for appeals to the State Administrative Tribunal of a Council decision to approve or refuse an application for development approval.

This Policy relates to the provision of public art by private developers for developments with a value of $5 million or more.

This Policy provides for reduced on-site car parking requirements for certain types of development along Albany Highway within the ‘District Centre’ Zone and specific properties within the ‘Commercial’ Zone.

This Policy guides and facilitates the appropriate provision of specialised forms of accommodation other than dwellings, including accommodation occupied on a temporary basis, such as bed and breakfasts, residential buildings, lodging houses, and serviced apartments.

Specifies various forms of minor residential development within the Town of Victoria Park which have been exempted from the need to obtain formal development approval.

This Policy provides a series of guidelines that outline the matters that will be considered by the Town in dealing with concessions to planning requirements for new mixed use developments, multiple dwelling developments and non-residential buildings. The Policy seeks to maximise high standards of urban design, amenity for occupants and positive contributions to the surrounding neighbourhood and streetscape.

This Policy guides and controls the use of sea containers throughout the Town of Victoria Park in order to ensure that an acceptable standard of development is achieved that does not detrimentally affect the amenity of the locality.

This Policy outlines Council’s position that until such time as a Local Structure Plan is approved for the area known as ‘Burswood Station East’, Council will not support or approve applications for development approval unless satisfied that approval for the development will not prejudice future planning for the Precinct.

This Policy aims to achieve a high degree of sustainability through energy conscious site design, building design, materials choice and ensuring solar access to neighbouring property outdoor living areas .

This Policy provides guidance on the community consultation process for planning proposals, including when consultation will occur, the means and duration of consultation, and the manner in which Council will keep the community informed of the decision-making process.

Residential Design Codes of Western Australia

Residential development within the Town is subject to the provisions of the Residential Design Codes (R-Codes), except as otherwise prescribed by the provisions of the Town Planning Scheme No. 1 or as varied by the Town’s Local Planning Policies. The R-Codes are available for viewing in the ‘Publications’ section of the Department of Planning’s website.

Subdivision and amalgamation of land

The ability to subdivide land is governed by its zoning, and in the case of residential zoned land, its designated density coding (R-Coding) under the Town of Victoria Park Town Planning Scheme No. 1. Confirmation of the zoning and density coding applicable to properties within the Town can be obtained by referring to the relevant Precinct Plan in which the property is located, or by accessing the Town’s interactive mapping application.

Applications for the subdivision or amalgamation of land must be submitted to the Department of Planning for the approval of the Western Australian Planning Commission. Guidelines, forms, fees and other relevant information for submitting an application can be accessed from the ‘Subdivisions and Planning Applications’ section of the Department of Planning’s website.

Should you require written confirmation from the Town regarding the development and subdivision potential of your property, you may submit a Land Use and Zoning Enquiry to the Town’s Urban Planning Unit. The relevant form and fee for submitting a written request to the Town can be found on our Forms and fees page.

Local Laws

Local Laws relating to planning and building matters include the:

Compliance with the provisions of these Local Laws will determine whether an application for development approval is required for a new sign(s) or dividing fence.

Note: Front fencing forward of the building line of a dwelling (including to side boundaries) requires a development approval to be obtained in all instances, except where specified as not requiring development approval under Administrative Policy PLNG6 'Minor Residential Development'.