Planning policy, regulation and legislation

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.

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.

The Scheme Text should be read in conjunction with Schedule 2 'Deemed provisions for local planning schemes' of the Planning and Development (Local Planning Schemes) Regulations 2015, which are automatically incorporated into the TPS Scheme Text notwithstanding that they do not appear in the Scheme Text. For ease of reference a Working Version of the Scheme Text (including reference to the applicable deemed provisions) is available for viewing below in addition to a Department of Planning, Lands and Heritage (DPLH) version.

Town Planning Scheme No. 1 Review Report

In accordance with regulation 65 of the Planning and Development (Local Planning Schemes) Regulations 2015, the Town has undertaken a review of its operative town planning schemes. The review recommended that a new Local Planning Scheme should be prepared and the Town of Victoria Park Town Planning Scheme No. 1 should be repealed upon the approval of the new scheme. The Scheme Review Report was approved by the Western Australian Planning Commission in November 2017. A copy of the Scheme Review Report can be viewed through the link below.

Scheme Review Report

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. 

Structure Plans and Local Development Plans

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

Structure Plans are a planning document which guides future land use and urban layouts for identified development areas. A Structure Plan includes details such as road configuration details, lot layouts and the location of retail and community facilities such as shops, schools and public open space. A Structure Plan can also show details such as housing density, land use classifications and buffer zones. A Structure Plan can be prepared for a variety of planning purposes, but generally it is done to indicate the way in which an area is proposed for development as well as providing a broad framework to guide Council when it considers subdivision and development proposals.

Local Development Plans (formerly Detailed Area Plans) are used to guide and coordinate the design and development of small and constrained lots, as well as supplementing development standards contained in the local planning scheme and the Residential Design Codes (R-Codes).

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

Burswood Peninsula District Structure Plan 

Burswood Lakes Structure Plan

Belmont Park Racecourse Redevelopment Structure Plan & Local Development Plans

Development Guide Plan for Welshpool Road Special Use Zone

Lathlain Park Management Plan

Perth Stadium Management Plan

Local Development Plan No.1, Lots 169 - 185 Victoria Park Drive, Burswood

Local Development Plan No. 2, No. 37-41 Cohn Street, Carlisle

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.


 

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 parts 5 and 6 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.


 

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 approach by which Elected Members and the Town’s Administration deals with applications for review made to the State Administrative Tribunal (SAT) to ensure consistency, impartiality and transparency.

This Policy relates to the provision of public art by private developers for developments with a value of $2 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.

Please note: from Monday 15 February 2021 the list of development which are exempt from development approval has expanded as part of the State Government's Planning Reform action to cut unneccessary red tape. Please refer to the Department of Planning, Lands and Heritage website for further information. Council's Local Planning Policy 32 - Exemptions from Development Approval will be updated to incorporate these changes following its March 2021 Ordinary Council meeting.

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.

This Policy outlines the Town’s planning requirements for signs and those sign types that are exempt from development approval.

Administrative Policies

This policy enables the consideration of temporary uses in an area undergoing redevelopment or regeneration in accordance with an endorsed structure plan, local development plan or Town Planning Scheme provisions.

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 and download from the Department of Planning, Lands and Heritage 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, Lands and Heritage 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, development and property’ section of the Department of Planning, Lands and Heritage website.

Should you require written confirmation from the Town regarding the development and subdivision potential of your property, you may submit a Written Planning Advice application. The relevant form and information for submitting a written request to the Town can be found on our Planning forms and checklists 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 LPP 32 'Exemptions from Development Approval'.

Local Heritage Survey

The Local Heritage Survey (previously known as the ‘Municipal Heritage Inventory’) is a guiding document outlining the heritage value of various historic buildings throughout the Town. The Local Heritage Survey does not form part of the Town Planning scheme, however it provides a thematic framework that has identified places of historical and cultural significance.

Local Heritage Survey