Town Planning Scheme No. 1 - Amendment No. 75

On display until 31 July 2017, 05:00 PM

Planning and Development Act 2005

 Approved Town Planning Scheme Amendment

Town of Victoria Park

Town Planning Scheme No. 1 - Amendment No. 75

Ref:     TPS/2042

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 Town of Victoria Park Town Planning Scheme amendment on 13 June 2017 for the purpose of:

 (a)       Deleting the following parts, clauses, subclauses and schedules from the Scheme Text as they have been superseded by the  deemed provisions set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 -

Part 3, Division 2 (and associated Notes); 29AB (1) and (3)-(16); 30 (and associated Notes); 31 (with items (1)(b), (c), (e), (h), (i), and (j) to be moved to a new Schedule A and item (e) to be modified to refer to a heritage list or heritage area rather than the Register of Places of Cultural Heritage Significance); 31A; 33 (and associated Note); 35 (and associated Note); 36 (and associated Note); 40 (and associated Note); 41; 42; 43 (and associated Note); 45 (and associated Note); 46; 46A; 46B; 48; 49 (and associated Note); 53 (with subclauses (2), (3) and (4) to be moved to a new Schedule A); Schedule 3; Schedule 5; Schedule 6.

 (b)       Deleting the following definitions from Schedule 1 of the Scheme Text as they have been superseded by the deemed provisions set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 -

Act; advertisement; Chief Executive; conservation; conservation area; cultural heritage significance; heritage agreement; owner; place; premises; register of places of cultural heritage significance; Residential Design Codes; Residential Planning Codes; Scheme area; substantially commenced.

 (c)       Amending the following clauses in the Scheme Text by removing reference to the clause deleted by the amendment and replace them with cross reference to deemed provisions set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 -

 (i)         Clause 18(2) - replace 'clause 35' with 'deemed clause 64'.

(ii)        Clause 32(1) - replace 'clause 30' with 'deemed clause 60'.

(iii)       Clause 37(2) - replace 'clause 35' and 'clause 36(5)' with 'deemed clause 64' and 'deemed clause 67' respectively.

(iv)       Clause 38(3) - replace 'clause 35(2)' with 'deemed clause 64'.

(v)        Clause 39(1) - replace 'clause 36(5) with 'deemed clause 67'.

(vi)       Clause 39A(1) - replace 'clause 36(5) with 'deemed clause 67'.

(vii)      Schedule 7, item (2) for Area 'BD1' - replace 'clause 36(5)' with deemed clause 67'.

 (d)       Deleting the following Notes from the Scheme Text:

 (i)         Note 2 associated with Clause 3.

(ii)        The Note associated with Clause 13.

(iii)       Note 2 associated with Clause 14.

(iv)       Note 2 associated with Clause 16.

(v)        Notes 2 and 3 associated with Clause 18.

(vi)       The Note associated with Clause 24.

(vii)      Note 1 associated with Clause 47.

(viii)     Note 1 associated with Clause 50.

(ix)       The Note associated with Clause 52.

(x)        The Note associated with the definition of 'land', 'lot' and 'public authority' in Schedule 1.

 (e)       Amending the following Notes in the Scheme Text:

 (i)         The Note associated with Clause 10 by deleting the words 'Section 2 (1) of the Town Planning and Development Act 1928 and Section 6 of the Metropolitan Region Town Planning Scheme Act 1959' and replacing with 'the Act'.

(ii)        The Note associated with Clause 11 by deleting the words 'and Scheme area'.

(iii)       Note 1 associated with Clause 14 by deleting the words "and the 'Council'".

(iv)       The Note associated with Clause 15 by deleting the words 'clauses 30 and 31' and replacing with 'deemed clauses 60 and 61'.

(v)        Note 1 associated with Clause 16 by deleting the words 'clauses 30, 31 and 37' and replacing with 'clause 37 and deemed clauses 60 and 61'.

(vi)       The Note associated with Clause 34 by deleting the words 'section 5.8-5.18 of'.

(vii)      Note 3 associated with Clause 47 by deleting the words "Town Planning Regulations 1967 made under the Planning and Development Act 1928' and replacing with the 'Planning and Development (Local Planning Schemes) Regulations 2015'.

(viii)     The Note associated with Clause 54 by deleting the words 'Section 10(4) of the Town Planning and Development Act 1928' and replacing with 'the Act'.

(ix)       The Note associated with the definition of 'development' in Schedule 1, by replacing with the current definition of 'development' set out in the Planning and Development Act 2005 and preceding words that 'The Planning and Development Act 2005 defines 'development' to mean-'.

(x)        The Note associated with the definition of 'dwelling', 'grouped dwelling', 'residential building', 'single bedroom dwelling' and 'single house' in Schedule 1 by deleting the words 'Clause 2.2 of'.

(xi)       The Note associated with the definition of 'multiple dwelling' in Schedule 1, to read -

 'The R-Codes defines 'multiple dwelling' to mean - 'a dwelling in a group of more than one dwelling on a lot where any part of the plot ratio area of a dwelling is vertically above any part of the plot ratio area of any other but:

 (f)        Delete reference to the following terms in the Scheme Text and Precinct Plans and replace them with the corresponding term throughout-

 

  • 'Residential Planning Codes' with 'R-Codes'.

  • 'Totalisator Agency Betting Board Act 1960' with 'Racing and Wagering Western Australia Act 2003'.

  • 'Health Act 1911' with the 'Health (Miscellaneous Provisions) Act 1911'.

  • 'Planning Approval' (including associated Notes).

 g)       Insert the following Schedule [SCHEDULE A - SUPPLEMENTAL PROVISIONS TO THE DEEMED PROVISIONS] into the Scheme Test:

 SCHEDULE A - SUPPLEMENTAL PROVISIONS TO THE DEEMED PROVISIONS

 These provisions are to be read in conjunction with the stated deemed provisions (Schedule 2) contained in the Planning and Development (Local Planning Schemes) Regulations 2015.

 Deemed Clause 61

 (6)     In accordance with deemed clause 61, for the purposes of the Scheme the following development does not require the development approval of the Council:

 (k)     building or other work carried out by the Town, a public authority or a Commonwealth agency in connection with the maintenance or improvement of a public street; or

(I)      building or other work carried out by the Town, a public authority or a Commonwealth agency in connection with any public utility; or

(m)    all advertisements with the exception of land, buildings, objects, structures and places in a heritage area, on a heritage list or those advertisements listed in Schedule D.

(n)     the use of land in a reserve, where such land is held by the Council or vested in a public authority-

(i)      for the purpose for which the land is reserved under the Scheme; or

(ii)     in the case of land vested in a public authority, for any purpose for which the land may be lawfully used by that authority.

(o)     a family day care service for five children or less (including any children of the service provider(s)), when operated within the hours of 7am and 7pm by no more than one person in addition to any occupier of the dwelling.

(p)     a satellite dish with a diameter of 1.0 metre or less not visible from the street.

 Deemed Clause 79

 (3)     An authorised officer exercising the power of entry under subclause (2) or any other person accompanying an authorised officer who -

(a)     finds a person committing; or

(b)     on reasonable grounds suspects a person of having committed, a breach of a provision of this Scheme may ask that person for his or her name and address.

 (4)     A person who -

 (a)     in any way opposes the exercise of an authorised officer's power of entry; or

(b)     when asked to do so under subclause (3), refuses to state his or her name or address or states a false name or address, commits an offence.

 (5)     A person who gives or is suspected of giving a false name or address to the person making the enquiry under subclause (3) may, without any other warrant, be apprehended by the person making the demand and taken before a Justice to be dealt with according to law.

 (h)       Renumber and name all remaining Schedules in the Scheme Text as follows:

 Schedule B.         Definitions

Schedule C.        Additional Uses

Schedule D.        Advertisements Requiring Development Approval

Schedule E.         Special Control Areas

 (i)        Replace cross-reference to Schedules 1, 2, 4 and 7 with Schedules B, C, D and E respectively, throughout the Scheme Text (including associated Notes).

 (j)         Amend the definition of 'amenities' in the new Schedule B - Definitions, to read -

 'amenities' means facilities providing use, convenience or enjoyment;

 (k)       Amend the definition of 'Metropolitan Region Scheme' in the new Schedule B - Definitions, to read -

 'Metropolitan Region Scheme' means the Metropolitan Region Scheme made under the Act;

 (I)        Amend the definition of 'Western Australian Planning Commission' in the new Schedule B - Definitions, by deleting the words 'Section 4 of the Western Australian Planning Commission Act 1985' and replacing with 'the Act'.

 (m)      Add a definition of 'deemed clause' in the new Schedule B - Definitions, as follows:

 'deemed clause' refers to the relevant clause contained in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 'Deemed provisions for local planning schemes'.

 (n)       Amend Clause 21(1) of the Scheme Text to read -

 (1)     For the purpose of this Scheme, R-Codes is defined in deemed clause 1.

 (o)       Amend Clause 47 of the Scheme Text by deleting the words 'set out in Section 7 of the Act'.

 (p)       Amend Clause 50(1) of the Scheme Text by deleting the words 'Section 11 of'.

 (q)       Amend Clause 52(1) of the Scheme Text by:

 (i)      removing the words 'Section 10(1) of'

(ii)     replacing 'Chief Executive' with 'local government CEO'.

 (r)        Amend Clause 52(2) of the Scheme Text by:

 (i)      removing the words 'section Text by:

(ii)     replacing 'Local Government Act 1960', with 'Local Government Act 1995'.

 (s)       Update the Scheme Text as necessary to reflect consequential changes, including contents page, clause numbers, page numbers etc.

 (t)        Amend the Precinct Plans in the following manner:

 (i)      With the exception of the Special Use zones within Precinct Plan P2 Sheet B and Precinct Plan P10 Sheet B, in all other instances, remove the first sentence under the heading 'Development Standards' and replace with the following wording -

 Development shall generally be in accordance with the R-Code (where applicable) and any relevant planning policy.

 (ii)     Remove the following words in all instances where they appear:

 'Where it is considered that a particular use could have a detrimental impact on the amenity of the surrounding area (mainly adjacent residential uses) it will be subject to the advertising procedure referred to in the Scheme Text.  Policy to this effect is contained in the Town Planning Scheme Policy Manual under the section General Planning Procedures'.

 and replace with the following wording:

 Where it is considered that a particular use could have a detrimental impact on the amenity of the surrounding area (mainly adjacent residential uses) it will be subject to assessment and advertising under any relevant planning policy.

 (iii)    For each Precinct Plan, under the heading 'How it works' delete the words 'They are published as a separate booklet' or 'They are published in the Policy Manual' whichever applies.

 (iv)    In Precinct Plan P4 for the 'Commercial' zone, Precinct Plan P7 for the 'Commercial' zone, Precinct Plan P8 for the 'Local Centre' zone and all land zoned 'District Centre' or 'Commercial' within Precinct Plan P11, in relation to the development standard 'Setbacks' replace the words 'scheme policy' with 'planning policy'.

 (v)     In Precinct Plan P5 and in Precinct Plan P11 Sheet B for the 'Residential/Commercial' zone under the heading 'Policy Note' replace the words 'the Town Planning Scheme Policy Manual' with 'a planning policy'.

 (vi)    In Precinct Plan P5 delete the words 'contained in the Town Planning Scheme' at the end of the sentence commencing 'Development on Lots 14, 15 and 41 Armagh Street'.

 (u)       Amend Precinct Plan P2 Sheet B as follows:

 (i)      Delete all text under the heading 'Structure Plan' and replace with the following wording:

 Development within the Special Use zone is to be generally consistent with the approved Burswood Lakes Structure Plan.  In relation to applications for development or subdivision approval within the Special Use Zone, the decision-maker is to have due regard to the approved structure plan when determining the application.

 The approved structure plan may be amended in accordance with deemed clause 29, and inclusive of public consultation.

 (ii)     In (1)(b) ii. replace the words 'contained in the Town of Victoria Park Town Planning Scheme No. 1 Policy Manual',. with 'planning policy'.

 (iii)    Under the heading 'Variation to Development Standards' replace the words 'clause 36 of the Scheme' with 'deemed clause 67' and delete the words 'in accordance with clause 35(2)'.

 (iv)    Under the heading 'General Design Guidelines' replace the words 'as contained in the Town of Victoria Park Town Planning Scheme No. 1 Policy Manual', with 'planning policy'.

 (v)     Delete the heading 'Appeals' and all associated text.

 (v)       Amend Precinct Plan P10 Sheet B as follows:

 (i)      Delete the heading 'Development Guide Plan' and all text thereunder and replace with the following wording:

 LOCAL DEVELOPMENT PLAN

 Development within the Special Use zone is to be generally consistent with the approved Local Development Plan (formerly known as a Development Guide Plan).  In relation to applications for development or subdivision approval within the Special Use Zone, the decision-maker is to have due regard to the approved local development plan when determining the application.

 The approved local development plan may be amended in accordance with deemed clause 59, and inclusive of public consultation.

 (ii)     Under the heading 'General Design Guidelines' replace reference to 'Development Guide Plan' with 'Local Development Plan'.