town planning scheme policy manual - · pdf file3.3 building height ... design study...

TOWN PLANNING SCHEME POLICY MANUAL

October 2009

Amended December 2016

Summary of Amendments

Policy Amendment Date

3.1 Streetscape Inclusion of, and reference to, the multiple dwelling provisions of the R-Codes

21/12/2010

3.2 Buildings on the Boundary

3.3 Building Height

2.3 Public Notification and Advertising Procedures

Correct inconsistency in notification requirements

24/05/2011

3.1 Streetscape Correct inconsistency in 'Street Walls and Fences' requirements

3.3 Building Height New guidelines for dormers and adoption of the R-Codes height restrictions for multiple dwellings

2.1 Minor Use and Development Exempt from Planning Approval

Deletion of carports and garages being exempt from planning approval due to changes to the Building Act 2011

22/05/2012

2.3 Public Notification and Advertising Procedures

Correct inconsistency in notification requirements

3.1 Streetscape Inclusion of the words ‘Precinct’ in the headings where applicable

3.3 Building Height Inclusion of the word ‘Precinct’ in the headings where applicable

5.6 Percent for Public Art Inclusion of this policy

6.5 West Leederville Precinct Inclusion of new development standards for Cambridge High Street Node and Southport Street Node to reflect outcomes of the West Leederville Planning and Urban Design Study

Provisions relating to Bin Storage and Waste Collection over Commercial, Residential/Commercial and Medical Zone

23/10/2012

5.1 Parking Review of policy to guide application of parking concessions and cash in lieu for parking

26/02/2013

3.11 Aged and Dependent Persons’ Dwellings

Inclusion of this policy

Summary of Amendments (cont’d)

Policy Amendment Date


Amendments to terminology, numbering and text due to the gazettal of the revised R-Codes on 2 August 2013

5/08/2013

2.6 Delegation of Authority

3.1 Streetscape


3.3 Building Height

3.4 Jersey Street, Jolimont

3.11 Aged and Dependent Persons’ Dwellings

6.5 West Leederville Precinct

Schedule 3

5.6 Percent for Public Art Minor amendments to the policy to establish a Public Art Committee and to allow Council to determine how public art contribution is met

15/10/2013

3.1 Streetscape Revised Streetscape Policy 27/11/2013

3.2 Buildings on the Boundary Revised Buildings on the Boundary Policy

27/11/2013

3.1 Streetscape Inclusion of Design Principles for Landscaping in Streetscape Policy

25/03/2014

3.1 Streetscape Revised Streetscape Policy 26/08/2014

6.5 West Leederville Precinct Introduce the Residential Interface Node and improve the wording of the policy intent to assist in restricting density variations

24/02/2015

5.1 Parking Inclusion of maps to guide locations for concessions

Revised cash-in-lieu rates

Parking ratios for new land uses

27/07/2015

3.1-3.3

Streetscape, Building Height and Buildings on the Boundary

Minor technical clarification and formatting amendments

29/07/2015

5.7 Construction Management Plans

Inclusion of this policy 22/09/2015

3.12 Parkside Walk (Design Guidelines)


Summary of Amendments (cont’d)

3.1 & 3.3

Streetscape and Building Height

Minor technical clarification and formatting amendments

21/12/2015

3.13 3.13 - St John's Wood, Mount Claremont


5.2 Advertising Signs Updates to signage requirements, inclusion of standards for additional types of signage and to prohibit billboards.

26/04/2016

2.7 Design Review Panel Inclusion of this policy 28/06/2016

5.1 Parking Updating cash in lieu figures to CPI 19/09/2016


Inclusion of Policy 3.14.

Amendments to Policies 2.1, 3.1, 3.2,

3.3 to ensure consistency with the Planning and Development (Local Planning Schemes) Regulations 2015 and with draft Policy 3.14.

Amendments to Policy 6.5 in accordance with the gazettal of Scheme Amendment No.27.

20/12/2016

3.1 Streetscape


3.3 Building Height

3.14 Minor Structures behind the Street Setback Area

6.5 West Leederville Precinct

Town Planning Scheme Policy Manual (October 2009, amended December 2016)

Contents

CONTENTS

1 INTRODUCTION ....................................................................................... 1

1.1 Purpose of the manual .......................................................................... 1

1.2 How to use the manual ......................................................................... 1

1.3 Control of development ......................................................................... 2

1.4 Further information ................................................................................ 2

2 GENERAL PLANNING PROCEDURES ............................................... 3

Policy 2.1: Minor Use and Development Exempt from Planning Approval ...... 3

Policy 2.2: Applications for Planning Approval ............................................... 6

Policy 2.3: Public Notification and Advertising Procedures ............................. 9

Policy 2.4: Requests to Amend Policy Manual ............................................. 11

Policy 2.5: Requests to Amend Town Planning Scheme .............................. 13

Policy 2.6: Delegation of Authority ............................................................... 15

Policy 2.7: Design Review Panel ................................................................. 18

3 RESIDENTIAL ZONES: USE AND DEVELOPMENT......................... 26

Policy 3.1: Streetscape ................................................................................ 26

Policy 3.2: Buildings on the Boundary .......................................................... 58

Policy 3.3: Building Height ........................................................................... 59

Policy 3.4: Jersey Street, Jolimont ............................................................... 65

Policy 3.5: Home Occupations ..................................................................... 71

Policy 3.6: Bed and Breakfast Accommodation ............................................ 74

Policy 3.7: Child Day Care Centres .............................................................. 77

Policy 3.8: Local Shops................................................................................ 79

Policy 3.9: Commercial Vehicle Parking ....................................................... 81

Policy 3.10: Non-Residential Development in Residential Areas .................. 83

Policy 3.11: Aged and Dependent Persons’ Dwellings ................................. 84

Policy 3.12: Parkside Walk, Jolimont (Design Guidelines) ........................... 86

Policy 3.13 : St John's Wood, Mt Claremont .............................................. 101

Policy 3.14: Minor Structures behind the Street Setback Area ................... 106

4 NON - RESIDENTIAL ZONES: USE AND DEVELOPMENT ........... 111

Policy 4.1: Design of Non-residential Development .................................... 111

Policy 4.2: Residential Development in Non-residential Areas ................... 113


Contents

Policy 4.3: Amusement Centres ................................................................. 115

5 ANCILLARY USES AND DEVELOPMENT ...................................... 116

Policy 5.1: Parking ..................................................................................... 116

Policy 5.2: Advertising Signs ...................................................................... 134

Policy 5.3: Landscaping and Water Sensitive Urban Design ...................... 144

Policy 5.4: Communications Antennae ....................................................... 145

Policy 5.5: Telecommunications Infrastructure ........................................... 147

Policy 5.6: Percent for Public Art ................................................................ 150

Policy 5.7: Construction Management Plans .............................................. 157

6 PRECINCTS ..................................................................................... 164

Policy 6.1: Precinct P1: City Beach ............................................................ 164

Policy 6.2: Precinct P2: Reabold ................................................................ 168

Policy 6.3: Precinct P3: Floreat .................................................................. 173

Policy 6.4: Precinct P4: Wembley .............................................................. 177

Policy 6.5: Precinct P5: West Leederville ................................................... 182

Policy 6.6: Precinct P6: Lake Monger ........................................................ 209

SCHEDULE 1: REGISTERS ....................................................................... 212

1. Conservation Areas .......................................................................... 212

2. Conservation Places ........................................................................ 212

3. Non-conforming Uses ...................................................................... 212

4. Register of Heritage Places .............................................................. 212

SCHEDULE 2: FORMS ............................................................................... 213

Form 1: Application for Development Approval .......................................... 214

Form 2: Request to Amend Policy Manual ................................................. 215

Form 3: Request to Amend Town Planning Scheme .................................. 216

Form 4: Notice of Public Advertisement of Development Proposal ............ 217

Form 5: Notice of Determination on Application for Development Approval 218

SCHEDULE 3 .............................................................................................. 220

Local Law 43: Building on Endowment Lands and Limekilns Estate .......... 220


1 1. Introduction

1 INTRODUCTION

1.1 Purpose of the manual

This manual is designed to guide development of individual sites within the Town of Cambridge, and to provide the community with a clear understanding of what the Council aims to achieve through control of development. It is intended to be used by property owners, developers and the Council, to ensure a high quality of development is maintained in the Town, there is consistent decision-making and the processing of applications is undertaken fairly and expeditiously.

The manual is an essential supplement to the Town Planning Scheme as it contains planning policies and procedures that have been formulated under the provisions of the Scheme (clause 48). Clause 18 of the Scheme requires all development of land to be consistent with the planning policies unless otherwise approved under the provisions of the Scheme.

1.2 How to use the manual

The manual is to be read in conjunction with the Town Planning Scheme, which provides the basis for development control within the Town.

To determine whether particular policies and/or procedures will apply to a proposed development or land use, reference should be made to the information contained in each of the following sections.

Section 2:

Exemptions from planning approval, a description of the planning approval and advertising procedures, procedures for amending the policy manual and Scheme, and delegated authority of Council officers.

Sections 3 and 4:

Policies and guidelines which form the basis for the assessment of development applications on land within residential and non-residential zones and reserves.

Section 5:

Requirements for activities, structures, landscaping, car parking, signage and public art that are not limited to any one zone.

Section 6:

Precinct policies which detail the Council’s intentions for each area and supplementary standards and guidelines for development. Policy requirements under all other sections of the Policy Manual also apply unless specifically varied in the precinct policy.


2 1. Introduction

1.3 Control of development

Development, including the use of land, is subject to control under the Town Planning Scheme, which identifies those activities which may and may not be established in particular areas of the Town. The reason for this control is to ensure a high degree of compatibility between adjacent developments and to promote a convenient distribution of facilities for the community.

With this in mind the Town has been divided into zones. In each zone land uses and development are either permissible or not permitted. A development or land use is therefore either:

'P' permitted by the Scheme;

'AA' not permitted unless the Council has granted planning approval;

'SA' not permitted unless the Council has granted planning approval after giving notice in accordance with clause 36 of the Scheme;

'IP' not permitted unless such use is incidental to the predominant use as decided and approved by Council; and

'X' not permitted by the Scheme.

Having established which use class a particular development fits in to, the zoning table (clause 12) of the Scheme is used to determine if the development is permissible within a particular zone. The policy manual (sections 3 to 6) should then be consulted to see whether there are any supplementary requirements or criteria applicable to development within the particular zone or precinct or for the particular form of development proposed.

The Scheme also provides for a range of minor and incidental uses and development which are exempt from the requirements to obtain planning approval, and these are further defined in Policy 2.1.

1.4 Further information

Any queries concerning the policy manual or the Town Planning Scheme should be referred to Council’s Planning Services. Prior consultation with Planning Services can be particularly beneficial in the preparation of applications, to ensure applicants have a clear understanding of the Council’s objectives, and have the opportunity to consider the requirements of the Scheme and policies in the framing of proposals.

The manual is subject to amendment and addition from time to time, and to ascertain whether you have the most up-to-date version, please contact Council’s Planning Services.


3 2. General Planning Procedures 2.1 Minor Use and Development Exempt from Planning Approval

2 GENERAL PLANNING PROCEDURES

Policy 2.1: Minor Use and Development Exempt from Planning Approval

INTRODUCTION

The Town Planning Scheme requires the prior approval of the Council for all development except as detailed in the Planning and Development (Local Planning Schemes) Regulations 2015 (Deemed Provisions).

This policy relates to development of a minor nature which is exempt from the requirements to obtain planning approval and should be read in conjunction with Clause 61 of the Deemed Provisions and Schedule A - Supplemental Provisions. Separate policies have been prepared for communications antennae, home occupations and advertising signs, which include information on when such development and uses are exempt from planning approval.

Notwithstanding what is listed in the following Policy, development approval may still be required for use and/or works carried out on land that is designated in a heritage list, Special Control Area or a Bushfire Prone Area. In addition, an exempt development cannot contravene any conditions of a current planning approval.

Where an applicant has any doubt as to whether a particular proposal meets the requirements for exemption, it is recommended the proposal be discussed with Council’s Planning Services.

Other approvals

An exemption from the requirements to obtain planning approval does not obviate the need to seek and obtain any other approval which may be required, under any other written law, and such development is also required to conform to any relevant provisions of the Town Planning Scheme. In most cases a building permit will be required before construction commences, even where a development is exempt from planning approval.

AIMS

To provide clarification and guidance concerning development of a minor nature, which does not require the planning approval of the Council.

To reduce the regulatory process while ensuring that required development outcomes are maintained.



POLICY

The following uses and development are deemed to be of a minor nature and are therefore exempt from the requirement to obtain the Council’s planning approval under the Scheme:

1. Construction of minor structures covered in Policy 3.14: Minor Structures behind the Street Setback Area provided the development complies with the Deemed Provisions and the deemed-to-comply requirements of the Residential Design Codes and any relevant planning policy.

2. Erection of a boundary fence where the overall height as measured from natural ground level, including any retaining wall or attached privacy screen, is equal to or less than:

(a) 2.5 metres if situated behind the primary street setback area;

(b) 1.8 metres if situated in the secondary street setback area in Wembley and West Leederville; and

(c) 1.8 metres for a maximum of 60% of any length of fence if situated in the secondary street setback in City Beach and Floreat.

Note:- Boundary fences along a secondary street or abutting a reserve are subject to compliance with all relevant provisions of Policy 3.1: Streetscape.

3. Site works (the alteration of land levels, and/or the construction of retaining walls), provided the extent of fill does not exceed 0.5 metres, and the extent of cut within 3.0 metres of the street boundary does not exceed 0.5 metres.

4. The replacement of an existing, authorised retaining wall greater than 0.5 metres above natural ground level behind the street setback area, provided there is no change to the natural ground level on either side of the retaining wall or to the height of the retaining wall.

5. Temporary viewing platform for the purpose of demonstrating the prospective views of a development, that is:

(a) on-site for a maximum of 3 months in any 12 month period;

(b) within the maximum height of the proposed development;

(c) behind the primary street setback area; and

(d) set back a minimum distance of 7.5m from any property boundary.

6. Demolition, other than the demolition or removal of an object or place which is:

(a) located in a place that has been entered in the Register of Places under the Heritage of Western Australia Act 1990;

(b) the subject of an order under part 6 of the Heritage Act of Western Australia 1990; or

(c) the subject of a declaration by the Council under clause 8 or clause 9 of the Deemed Provisions.



7. Family Day Care Centre (as defined by the Town Planning Scheme) conducted in a private dwelling where no more than four children are cared for in accordance with the Education and Care Services National Regulations 2012.

8. Activities of a temporary nature being one-off or occasional and which, in the opinion of the Council, are not likely to adversely affect the amenity of the locality or the normal operation of adjacent land uses. Examples of such activities include garage sales and markets (as defined by the Town Planning Scheme), fairs, fetes and charity sales.

9. The installation of low impact facilities as defined under part 3 of the Telecommunications (Low-impact Facilities) Determination 1997.

Adopted: 13 October 2009 Amended: 20 December 2016 (DV16.207)


6 2. General Planning Procedures 2.2 Applications for Planning Approval

Policy 2.2: Applications for Planning Approval

INTRODUCTION

In order to give full effect to the Council’s Town Planning Scheme, all development, including a change in the use of land, except as otherwise provided for in clause 33 of the Scheme, requires approval. Accordingly, no person may commence or carry out any development, including a change in the use of any land, without first having applied for and obtained planning approval from the Council.

AIMS

To detail the information requirements in relation to submission of applications for planning approval.

To provide applicants and the community with a clear understanding of the basis upon which applications will be assessed and determined.

POLICY

1. Applications for planning approval are required for all development and substantive changes of use, with the exception of those activities listed in Policy 2.1: Minor Use and Development Exempt from Planning Approval.

2. Applications for planning approval are required to be signed by the applicant and owner/s of the property (or a person authorised in writing by the owner/s) on which the development or change of use is proposed and are to be made in the form set out in Schedule 2 (Form 1: Application for Planning Approval).

3. In addition to the application form, applicants are to provide the following information:

3.1 All applications for planning approval (including a change of use)

Four copies of the following plans/drawings (at least one set to be A4 or A3 to enable scanning):

(a) Site survey by a licensed land surveyor showing:

existing on-site and adjacent verge vegetation;

any trees to be removed;

footpaths, street trees, crossovers, power poles, manholes, bus stops and any services and infrastructure;

location of any easement or piped service traversing the site (if applicable);

existing finished floor levels and existing natural ground levels (contours, spot levels and datum point);

all buildings and improvements on the subject site and any adjoining lots (adjacent to the subject site’s boundaries).

(b) Development site plan showing:

all boundary and setback dimensions;

lot area;

existing and proposed building(s)/works;

any structures to be demolished;

car parking layout;



proposed finished floor levels and finished ground levels;

existing and proposed use of all portions of the building(s); and

existing and proposed means of access for pedestrians and vehicles to and from the site.

(c) Floor plan:

existing floor plan, identifying any portions of the building to be removed (where applicable); and

proposed floor plan indicating proposed use of each room/area, and location of all windows, doors and other openings.

(d) All relevant elevations showing:

natural ground level;

wall and ridge heights of the proposed building(s), as measured from natural ground level; and

proposed materials (wall and roof).

(e) All plans are to include any street names and number, lot number(s), north point and scale bar.

(f) All plans are to be to scale (no less than 1:50 and no more than 1:500) and dimensions shown.

(g) The Council encourages the submission of plans in PDF electronic format (in addition to the scaled plans).

3.2 Applications for development on residential land

In the case of development located on residential land (ie. land coded with a residential density) the following additional information is required:

(a) overshadowing diagram for all two storey residential development as at 12 noon on 21 June calculated in accordance with the requirements of the Residential Design Codes;

(b) streetscape elevation drawing or photo montage of the development and all buildings and improvements on any adjoining lots. The drawing is to show before and after streetscape elevations and include adjoining property wall and roof heights; and

(c) cone of vision diagrams for all major openings of a development located more than 0.5 metres above natural ground level.

3.3 Applications for development on non-residential land

In the case of development located on non-residential land, the following additional information is required:

(a) location, number, dimensions and layout of all car parking spaces, including a calculation showing how the car parking requirement was calculated and relevant justification if a shortfall is proposed;

(b) if proposing modifications to a commercial façade, a before and after front elevation;

(c) elevations showing the proposed location of any signage, including dimensions, materials and colours;



(d) location and dimensions of any area proposed to be provided for the loading and unloading of vehicles carrying goods or commodities to and from the land, and the means of access to and from those areas;

(e) location, dimensions and design of any landscaped area; and

(f) a streetscape elevation drawing, photo montage or perspective.

3.4 Additional information may be required

Council may require additional information to that outlined above, to assist in the processing of an application after an application has been made. This may include the provision of traffic studies and management plans, 3D perspective models etc.

In addition, because of a recent subdivision or amalgamation affecting the development site or for any other reason, a recent copy of the Certificate of Title(s) relating to the subject site(s) may be required.

Adopted: 13 October 2009


9 2. General Planning Procedures 2.3. Public Notification and Advertising Procedures

Policy 2.3: Public Notification and Advertising Procedures

INTRODUCTION

Where an application is made for planning approval to commence or carry out development which involves a use designated 'SA' in the zoning table of the Town Planning Scheme, the Council shall not grant approval of that application unless notice of the application is first given in accordance with the Scheme, unless the use exists on the subject land and the Council determines that approval will not materially add to the scale and intensity of the existing use. Council may also require that a use designated ‘AA’ be advertised in accordance with clause 37 of the Scheme.

If the use of land for a particular purpose is not specifically mentioned in the zoning table and cannot reasonably be determined as falling within the interpretation of one of the use class categories, the Council may determine that the use is consistent with the objectives and purpose of the zone and thereafter follow the procedures for ‘SA’ uses (refer to clause 11 of the Town Planning Scheme).

AIMS

To set out the requirements and procedures for the notification and/or public advertising of applications for planning approval which involve a ‘SA’ use, a non-conforming use, an unlisted use which the Council considers should be dealt with in accordance with the ‘SA’ use procedures, or any ‘AA’ use which the Council may require to be advertised.

POLICY

1. Where a proposed development has been previously approved and established in accordance with that approval, applications involving additions and/or modifications shall not generally be required to be further notified unless the proposed development involves the departure from a specific condition of development approval which limits the scale or operating hours of the facility.

2. All applications for new development or a use which is identified in the following table or which the Council otherwise specifically requires to be notified, shall be notified in accordance with the following requirements, unless specifically determined otherwise by the Council in a particular case.

Residential zones:

Notification requirements:

All ‘SA’ uses and non-conforming uses

One or more of the following:

notice to owners and occupiers of all sites within 100 metres of the development site;

erection of a sign on site in accordance with point 5 of this policy.


10 2. General Planning Procedures 2.3. Public Notification and Advertising Procedures

Non-residential zones:

Notification requirements:

All ‘SA’ uses and non-conforming uses

One or more of the following:

notice to owners and occupiers of all sites within 100 metres of the development site;

erection of a sign on site in accordance with point 5 of this policy;

publication of an advertisement in the local newspaper.

Telecommunications infrastructure other than low-impact facilities

Notice to owners and occupiers of all sites within 300 metres of the proposed facility, and


Communications antennae, which have a dimension in excess of 2.0 metres

Notice to owners and occupiers of all sites within 50 metres of the proposed facility, and


3. For the purposes of this policy, a notice to be published in a newspaper,

forwarded to owners and occupiers and/or to be displayed on-site in the form of a sign, shall be in the format set out in Schedule 2, Form 4: Notice of Application to Use or Develop Land, with such modifications as the Council may require.

4. The applicant shall be required to meet the costs of undertaking the advertising procedures and to produce evidence of having fulfilled the procedures of this policy.

5. The advertisement to be placed on a sign or signs should consist of lettering a minimum of 40 mm high for the heading and 30 mm high for the remainder of the lettering, on a sign being at least 1.0 metre by 1.0 metre. The sign(s) on the site must remain in place for at least 21 days.

6. After the expiration of 21 days from the serving of the notice of the proposed development, the publication of the notice or the erection of a sign or signs, whichever is the later, the Council shall consider and determine the application, taking into consideration any submissions received.



11 2. General Planning Procedures 2.4. Requests to Amend Policy Manual

Policy 2.4: Requests to Amend Policy Manual

INTRODUCTION

While every attempt has been made to ensure the policy manual provides a comprehensive and current guide for development, there will be occasions when it will be necessary to review or add to the policies to address changing circumstances. The procedures for amending or adding to the policy manual are set out in clause 48 of the Town Planning Scheme and include:

advertising the policy;

notification of persons particularly affected;

consideration of any submissions received; and

referral to the Western Australian Planning Commission where required.

AIMS

To detail the procedures and information requirements for requests to amend the policy manual.

To provide a clear understanding of the basis upon which requests to amend the policy manual will be assessed, determined and implemented.

POLICY

1. Requests to amend the manual may be made either by Council, Council staff or a member(s) of the public, and will generally be considered in the following circumstances:

(a) where it can be demonstrated that an existing policy is not meeting the community’s objectives and expectations for development;

(b) where there is a demonstrated need for additional policy guidance in a particular area;

(c) to ensure that planning decisions are made in accordance with comparable and relevant examples of best practice elsewhere;

(d) to correct textual or content errors in an existing policy;

(e) to ensure that existing policy is consistent with other relevant legislation or policy requirements.

All requests to amend the manual will be considered on the merits of each case. Amendments will not be initiated only on the basis of dissatisfaction with a policy provision or a decision based on policy.

2. Applications to amend the manual are to be made on the appropriate form (refer to Schedule 2, Form 2: Request to Amend Policy Manual) and should be accompanied by information explaining and justifying the proposed amendment. This information should identify how the proposed change or addition will benefit the community, by way of either improvements in the planning and development of the Town or improvements in the efficiency with which the Town Planning Scheme is administered.


12 2. General Planning Procedures 2.4. Requests to Amend Policy Manual

3. In preparing a draft planning policy or amending an existing policy, regard is to be given to the following:

(a) the Council’s capacity to prepare a policy with respect to the matters under consideration;

(b) the purpose and objectives for which land is set aside under the Scheme;

(c) the orderly and proper planning of the locality;

(d) the conservation of the amenities of the locality;

(e) any strategies, studies or objectives adopted by the Council; and

(f) any other matters it considers to be relevant.

4. Minor textual changes to existing policies that do not change the policy requirements (eg. spelling and grammatical errors or addition of further clarification) may be carried out by the Council without undertaking the procedures set out in clause 48 of the Town Planning Scheme.



13 2. General Planning Procedures 2.5. Requests to Amend Town Planning Scheme

Policy 2.5: Requests to Amend Town Planning Scheme

INTRODUCTION

Amendments to the Town Planning Scheme, which includes amendments to the Scheme text and/or zoning amendments that relate to modifications to the Scheme Map, can be initiated at any time.

After consideration and advertising by the Council, scheme amendments are forwarded to the Western Australian Planning Commission for examination. The Commission then makes a recommendation to the Minister for Planning who ultimately determines whether to grant final approval to the amendment.

Amendments are given the force of law by the Planning and Development Act 2005. The procedures and requirements for amending a town planning scheme are set out in the Town Planning Regulations 1967 (as amended) and include:

referral to the Environmental Protection Authority for comment;

advertising the amendment, including notifying other relevant service authorities and persons likely to be affected;

consideration of any submissions received;

notifying the Commission of resolutions passed in relation to the amendment (including a schedule of submissions received and the amendment documentation) for examination and recommendation to the Minister;

determination of the amendment by the Minister; and

public notification of the outcome of the amendment process.

AIMS

To detail the procedures and information requirements for amendments to the Town Planning Scheme.

To provide a clear understanding of the basis upon which requests to amend the Scheme will be assessed and determined.

POLICY

1. Requests to initiate an amendment may be made by either the Council, Council staff or a member(s) of the public, and will generally be considered in the following circumstances:

(a) where it can be demonstrated that an existing provision(s) of the Scheme is not meeting the community’s objectives and expectations for development;

(b) where it can be demonstrated that existing zoning controls do not adequately reflect the evolution and ongoing development of a site or locality;

(c) where there is a demonstrated need for additional statutory controls in a particular area;

(d) to ensure that the Scheme is consistent with the requirements of other relevant legislation; and


14 2. General Planning Procedures 2.5. Requests to Amend Town Planning Scheme

(e) to correct textual or content errors in the Scheme text or maps.

Amendments should not be seen as a means of circumventing the requirements of the Scheme, and the Council will require appropriate justification to satisfy it that any proposed changes will result in an overall benefit to the community.

2. Applications to amend the Scheme are required to be made on the appropriate form (refer to Schedule 2, Form 3: Request to Amend Town Planning Scheme), and to be accompanied by the prescribed fee and a detailed report addressing the following criteria:

(a) the reason(s) for the amendment and how it relates to the objectives of the Scheme;

(b) anticipated effects on safety, amenity and convenience for the community;

(c) anticipated impact on the Town’s physical, social and economic environment;

(d) anticipated effects on traffic and vehicular movements;

(e) a statement of the benefits to the community which are anticipated to result from the amendment; and

(f) whether the amendment will establish a precedent for other changes to the Scheme.



15 2. General Planning Procedures 2.6. Delegation of Authority

Policy 2.6: Delegation of Authority

INTRODUCTION

Clause 50 of the Town Planning Scheme empowers the Council to grant authority to an officer of the Council to issue decisions under the scheme.

Delegated officers

The nominated officers to make decisions under the terms of this policy are the Chief Executive Officer, Director Development and Sustainability and Manager Development.

AIMS

To ensure that applications which comply with all requirements stated within the Planning Scheme, R-Codes and/or Council policy are processed efficiently and effectively.

To provide for the determination of applications where there are variations to the requirements and the variations meet the relevant design principles of the R-Codes and/or Council policy, and/or the objectives of the Planning Scheme and any applicable policies.

To ensure that proposals of a significant scale and/or matters where requirements are unclear are determined by Council.

To ensure that Council is informed of decisions made on its behalf under the terms of this policy.

APPLICATIONS SUBJECT TO THIS POLICY

This policy applies to all development in the Town.

POLICY

1. On behalf of Council, the delegated officer may:

1.1. Subdivision applications

1.1.1. Determine responses to the Western Australian Planning Commission (WAPC) in relation to:

(i) residential subdivision applications, including applications involving assessment against the design principles of the R-Codes;

(ii) non-residential subdivision applications where:

vacant lots are proposed to be created; and

existing development on the subdivided lots would, if the subdivision was approved, be in compliance with the requirements of the Planning Scheme and Council policy;

(iii) subdivision applications where the application constitutes a minor variation to a plan already approved by the WAPC and in which no additional lots are proposed; and

(iv) amalgamation applications.



1.1.2. Issue subdivision clearance certificates where the relevant local government conditions have been satisfied.

1.2. Notification of planning applications

1.2.1. Authorise and determine the method of advertising and the persons notified for an application involving a discretionary (‘SA’ or ‘AA’) use, a use not listed, a non-conforming use which is, or may be required to be advertised, and variations to standards requiring advertising.

1.2.2. Determine under what circumstances consultation with adjoining owners is required, under ‘Part 4 – Consultation’ of the R-Codes and administer consultation accordingly.

1.3. Applications for planning approval

1.3.1. Refuse applications not compliant with the Planning Scheme, R-Codes and/or Council policy requiring assessment against the design principles of the R-Codes and/or Council policy.

1.3.2. Approve applications compliant with the Planning Scheme, R-Codes and/or Council policy, including those requiring assessment against the design principles of the R-Codes and/or Council policy subject to no objections being received where applications are required to be advertised.

1.3.3. Approve minor variations to Council policy standards where consistent with the objectives of the Planning Scheme and any applicable policies.

1.3.4. Approve minor changes to developments involving a non-conforming use where this is considered to not intensify the impact of the use.

1.3.5. Approve dividing fences requiring planning approval where abutting property owners are in agreement.

1.3.6. Approve modified proposals for applications previously the subject of the Council decision, subject to the modification(s):

not being in conflict with any specific direction of Council in relation to the aspects of the proposal the subject of Council consideration;

not increasing the impact of or degree of variation the subject of Council consideration; and

otherwise consistent with relevant provisions.

1.3.7. Determine responses to the WAPC in regard to development applications which require determination by the WAPC.

1.3.8. Place conditions on any approval, or reasons for refusal on any refusal, to an application for planning approval.

1.4. Retrospective applications

Approve, with or without conditions, applications for unauthorised development compliant with the Planning Scheme, R-Codes and/or



Council policy, including those requiring assessment against the design principles of the R-Codes and/or Council policy.

1.5. Renewal of planning approval

Approve, with or without conditions, applications for renewal of planning approval, provided such applications are in accordance with the application originally approved by the Council, and the Planning Scheme, R-Codes and/or Council policy and circumstances relating to the site or surrounding the site are unchanged since Council granted approval. Such application must be received within two (2) years of the expiration of the original approval.

1.6. Appeals

1.6.1. Determine appropriate conditions to be recommended to be applied to applications the subject of a successful appeal to the State Administrative Tribunal (SAT) and enter into Minute of Consent Orders accordingly.

1.6.2. Agree to modifications to proposals the subject of an Appeal to the SAT where this is consistent with the delegation that would normally be extended to an application and is supported by the delegated officer, and is not directly in conflict with a resolution of Council, and enter into Minute of Consent Orders accordingly.

1.7. Compliance

Issue formal notices to owners or occupiers of properties to cease unauthorised uses, remove unauthorised structures or comply with conditions of planning approval.

2. Reporting

A report shall be presented to Council every month outlining the decisions made under delegated authority to approve or refuse applications, in accordance with the terms of this policy.

3. Applications may still be referred to Council

3.1 In applying this policy, a conservative approach shall be adopted.

3.2 An application shall be referred to Council for consideration where:

the proposal is not explicitly permitted to be determined under delegated authority under the terms of this policy;

there is any doubt whether a proposal complies with the terms of this policy;

in the opinion of the delegated officer the scale and significance of the proposal is such that it should be considered by Council;

an applicant has specifically requested that the matter be considered by Council; and

the Council has specifically resolved that a particular application shall not be determined under delegated authority.



18 2. General Planning Procedures 2.7. Design Review Panel

Policy 2.7: Design Review Panel

INTRODUCTION

In accordance with Town Planning Scheme No.1, Council may appoint a Design Advisory Committee (now referred to as Design Review Panel or DRP) for the purposes of advising the Council with respect to design matters relating to development. The role of the DRP is to provide independent, expert advice to improve the design quality of new development proposals or projects. Advice is provided with reference to the design principles outlined in this Policy.

Applicants are encouraged to seek the advice of the DRP from the earliest possible stages of conceptual design. Proposals should be presented to the DRP prior to lodgement of an Application for Development Approval and in the early stages of the design process.

This Policy establishes the framework for the establishment of the Town's DRP and covers the appointment of DRP members, Terms of Reference for DRP members and procedures.


The following should be presented to the DRP for review:-

Development proposals or applications with an estimated construction cost exceeding $2 million (excluding single dwellings);

All multiple dwelling development proposals or applications;

Development proposals or applications consisting of buildings of three storeys or higher;

Residential development proposals or applications consisting of ten or more dwellings;

Non-residential development proposals or applications which abut Residential zoned land;

Any development proposals or applications requiring the review of the DRP in accordance with the Town Planning Scheme; and

Any other proposal, application, planning matter, or project, despite whether excluded above, that the Town considers may be of a complex or contentious nature and/or likely to be of significant community interest and/or where it is considered it will benefit from DRP input.

Note: The Town may refer an application to the DRP, regardless of whether the application is to be determined by the Council, Development Assessment Panel or under delegated authority.

AIMS

To improve the design quality and functionality of new development within the Town through provision of independent expert advice to the Council, Town and to applicants on the design of specific development proposals, applications and planning matters;

To outline the principles of good design by which new development will be assessed - context and character, heritage, built form and scale, functionality,



amenity, build quality, urban design and public space, landscaping, safety and environmentally sustainable design;

To ensure the heritage, character and natural features of the area are protected and reflected in new development;

To ensure DRP advice is consistent with the objectives and intent of the Town's policies and strategies;

To outline the terms of reference for the DRP, the types of development subject to review by the DRP and the procedures associated with the establishment and functioning of the DRP.

DEFINITIONS

Financial interest - A member has a financial interest in a matter if it is reasonable to expect that the matter will, if dealt with by the local government, or an employee or committee of the local government or member of the council of the local government, in a particular way, result in a financial gain, loss, benefit or detriment for the person.

Proximity interest - A person has a proximity interest in a matter if the matter concerns:

a proposed change to a planning scheme affecting land that adjoins the person’s land; or

a proposed change to the zoning or use of land that adjoins the person’s land; or

a proposed development (as defined in section 5.63(5) of the Local Government Act) of land that adjoins the person’s land.

Land (the proposal land) adjoins a person’s land if:

the proposal land, not being a thoroughfare, has a common boundary with the person’s land; or

the proposal land, or any part of it, is directly across a thoroughfare from, the person’s land; or

the proposal land is that part of a thoroughfare that has a common boundary with the person’s land.

A reference to a person’s land is a reference to any land owned by the person or in which the person has any estate or interest.

Impartiality interest - A member is considered to have an interest in a matter if the member has:

financial, commercial or professional interest in a project, its client and/or its site; or

a personal relationship with either the site or an individual or group involved in the project, where that relationship prevents the member from being objective.



POLICY

1. Design Review Panel Terms of Reference

Role and Function of Design Review Panel 1.1. The DRP is to encourage the best possible design outcomes which

include providing design guidance to applicants through the DRP process.

1.2. The DRP performs an advisory function and does not make decisions on or approve Development Applications. The comments of the DRP neither collectively nor individually represent those of the Council or the Town.

1.3. The DRP does not make, nor should its advice be conceived to imply, a decision on, or approval of a Development Application. The Town or relevant Responsible Authority is not bound by advice given by the DRP but shall give due regard to the advice provided by the DRP.

Scope of the Design Review Panel 1.4. The DRP shall deal with matters which have been referred to the DRP for

comment and provide advice consistent with the objectives, intent and provisions of the Town's Scheme, policies, strategies and any other relevant planning requirement.

1.5. The DRP shall provide advice on development proposals and applications as well as any other planning matter or project referred to it by the Town which may include strategic planning matters such as local planning policies, scheme amendments; structure plans, precinct plans, design studies and capital works/development projects as required;

1.6. The DRP shall provide advice as required to the Town relating to design of development proposals, applications and projects with regard to the following principles:-

Context and character - development is suitable in the context of its surroundings, seeks to minimise impact on adjoining properties and responds to the existing or proposed character of the local area and streetscape;

Heritage - development responds to heritage values, significant natural features and landmarks of the area;

Built form and scale - design to be of massing, height, scale and form which respects the existing or future built form of the local area, streetscape and minimises impacts on neighbouring properties;

Functionality - communal spaces, internal layouts and overall building design to be practical, adaptable, legible and functional and to maximise occupant utility and easily maintain, service and access the property;

Amenity - development to provide high levels of amenity and accessibility for occupants, users and neighbouring properties;

Build quality - demonstration of quality architectural design with strong rationale and attention to detail, and materials and finishes which complement the adjacent built form and natural elements;



Urban design and public space - buildings and landscape to integrate effectively to positively contribute to high quality urban design and public realm including enhancing views and vistas;

Landscaping - landscaping to respond to the natural site conditions and existing streetscape to optimise useability, sunlight access, privacy and respect for neighbour's amenity and maximises the incorporation of sustainable principles such as water-wise planting;

Safety - development appropriately contributes to the activation and safety of the public realm, optimising passive surveillance and provides public space interaction;

Environmentally sustainable design - development to be resource-efficient, climatically appropriate, designed to minimise environmental impacts and designed to operate efficiently over its lifespan.

Member Responsibilities 1.7. Members are expected to review proposals prior to a DRP meeting,

attend meetings and provide constructive feedback on material presented.

1.8. In addition to fulfilling duties relating to DRP meetings, the Town may from time to time require that members undertake additional roles such as site visits; meeting with applicants, landowners, and other relevant Town staff or consultants; and attend Committee, Council, Development Assessment Panel or State Administrative Tribunal meetings as necessary, in relation to proposals or any other matter the Town refers to the DRP.

1.9. The Chair is to convene and administer the proceedings of the DRP and is responsible for bringing together the views of DRP to provide applicants with clear advice. Where the Chair is unable to deal with a matter due to unavailability or where a conflict of interest applies the role will be delegated to another member. In addition to roles all members are expected to perform, the Chair is also to form the primary point of contact between the DRP, the Town and Elected Members.

1.10. The DRP, neither collectively or individually, are to provide advice directly to an applicant, Elected Members or any other external party in respect of any matter under consideration and are restricted from personal communication with applicants or Elected Members regarding DRP proposals outside of the DRP meeting, unless directed otherwise by the Town.

1.11. The Town's Code of Conduct shall apply to all members.

Conflict of Interest 1.12. Any member who considers that they have a conflict of interest in

considering a matter is required to declare the interest to the Chair and CEO or nominee in writing prior to the meeting and before the proposal is to be discussed to ensure there is a quorum for all items. The CEO or nominee, in collaboration with the Chair and other Town officers, will determine if the conflict of interest is of a prejudicial nature.

1.13. Where an interest exists, the member must not take part in the consideration or discussion of a matter; or at the discretion of the Chair



and CEO or nominee, leave the meeting for the duration of discussion for that item. Once the matter has concluded, the Chair will invite the member back into the meeting. Any declared interest will be noted at the beginning of the meeting and formally recorded in the meeting minutes.

1.14. If it is deemed that a conflict of interest is of a non-prejudicial nature, the member may be allowed to participate in the review.

1.15. Should a conflict of interest become apparent at or during the course of a meeting, then the member must declare their interest. If the Chair deems the interest is not of a non-prejudicial nature, the member may be allowed ot continue to participate. If they are no longer to participate the quorum may be reduced.

2. DRP Members

2.1. The membership of the DRP shall comprise a pool of six professionals including the Chair. A DRP meeting shall consist of the Chair and three other members to form a quorum.

2.2. The Chair will select members based on the most suitable experience and expertise for the specific case, however, at least one member with architecture and urban design experience/expertise must be part of the quorum. Should the Chair determine that more than three other members attend a DRP meeting; this shall be in agreement with the Town.

2.3. Preference shall be given to selection of the same members to reconsider a particular proposal to increase consistency in the advice which is given.

DRP Membership Qualifications and Criteria 2.4. Members shall be highly regarded with appropriate qualifications and

substantial experience in Architecture, Urban Design, Landscape Architecture, Sustainable Design or Service Engineering. Other relevant design and technical professions may also be considered for membership.

2.5. In addition to the specific qualifications and experience noted above, members should have:-

relevant skills and experience to provide independent expert advice;

skills and experience in design and design review of major development of the kind and scale which the DRP will be required to review;

eligibility for membership to the relevant professional association; and

knowledge of the composition, character and desired built form of the Town.

2.6. In addition, the Chair is to have extensive skills in design review, facilitating and directing professional meetings and ability to integrate a range of views and comments.

2.7. The DRP pool should include a minimum of two members who reside, are landowners and/or have a practice or business based in the Town.



2.8. A person who is an Elected Member of Council is not eligible for appointment as a member of the DRP.

DRP Member Appointment 2.9. The DRP membership positions (including vacant or expired positions)

shall be filled following a public process of expressions of interest. The method of sourcing eligible persons for membership shall be advertised on the Town's website and through any other means the Town considers appropriate and reasonable to engage professionals with desired experience and knowledge.

2.10. Expressions of interest for membership shall consist of a letter of interest, Curriculum Vitae, examples of previous work and experience, a minimum of two professional referees and any other information deemed necessary by the Town to make a decision on the appointment.

2.11. All replies to expressions of interest will be referred to Council and the Town will provide a recommendation to Council (under Confidential cover) based on consideration of their qualifications, experience and which seeks to cover a range of disciplines and backgrounds. The appointment of the Chair and all members shall be ratified by Council.

2.12. The term of appointment of a member will be for a maximum of two years, though members may be reappointed by Council.

2.13. The appointment of any member may be terminated prior to the expiry of a term of appointment should the following occur:-

The member is not considered to be making a positive contribution to the DRP or the member has not demonstrated a satisfactory level of attendance at meetings;

The member is in breach of the Town's Code of Conduct;

The member or the member's actions are in breach of the requirements under this Policy;

The member’s conduct, action or comments bring the Town into disrepute; or

Council resolves to amend the configuration of the DRP membership at any time.

Remuneration and Attendance 2.14. Members shall be paid sitting fees for attendance at scheduled meetings

based on the duration of the meeting (to a maximum of 3 hours per sitting). In addition, members shall be paid to review proposals prior to a meeting on a the basis of 15 minutes for each proposal unless accentuating circumstances require additional time and payment, and this is agreed to by the Town prior to the work being undertaken.

2.15. Sitting fees shall be based on an hourly rate based on typical professional rates. The Chair will however be paid an additional fee above that of other members for their additional responsibilities. The hourly rate of the payment shall be approved by Council at the time of determining DRP membership and detailed in contracts with each member.



2.16. Members are considered to be engaged by the Town on a contractor basis.

2.17. Members are required to provide sufficient notice to the Town of their inability to attend a meeting, or part thereof due to a conflict of interest, to ensure that there are sufficient numbers of attendees to form a quorum.

3. Design Review Process

3.1. For developments subject to this Policy, applicants should have proposals reviewed by the DRP prior to lodging a Development Application and as early as possible in the design phase. A proposal may, however, still be subject to review by the DRP once it has been submitted as a Development Application.

3.2. A proposal submitted for review to the DRP shall be accompanied by a site context analysis, site plan, floor plans of the development on each level, elevation plans, cross sections street elevations showing proposal in context, details of materials and finishes and/or any other information considered necessary by the Town to allow for an appropriate level of review of the proposal. Conceptual 3D models are strongly encouraged if available.

3.3. All proposal material must be submitted in an electronic format 10 working days prior to the scheduled DRP meeting date and applicant presentations are to be submitted 3 working days prior to the meeting.

3.4. An agenda accompanied by the proposal material will be distributed to members 3 days prior to meeting.

3.5. All proposals shall be reviewed by the Town's Planning Services prior to consideration at the DRP and at least one Town officer will attend the meeting to advise the DRP on planning matters.

3.6. Applicants and owners will be invited to attend the relevant part of the meeting to present their proposal prior to DRP providing advice on the matter.

3.7. At the DRP meeting, approximately 45 minutes will be allocated to each proposal, which shall generally be structured as follows:-

Brief overview by Town officer(s) and discussion among members (applicant and owner not present);

Presentation by the applicant to the DRP;

Members may ask questions of the applicant; and

DRP discussion (applicant and owner not present) to establish their overall position and advice.

Depending on the number of times a proposal has been considered and the nature of advice and commentary required, the format in dealing with each proposal may vary from time to time.

3.8. After consideration of the proposal, clear advice or direction is to be provided by way of written meeting notes to be taken by the Town and reviewed and endorsed by the Chair.



3.9. DRP minutes shall be provided as part of Development Application and will form part of the planning assessment where necessary.

3.10. The DRP or Town may require the proposal to be presented to a further meeting until such time it is satisfied its concerns are dealt with and/or its advice has been or can be satisfactorily incorporated into the development.

3.11. Where an applicant has substantially amended plans subsequent to DRP endorsement, the proposal shall be referred back to a DRP meeting for reconsideration.

3.12. Council may require that a fee be charged for lodging a proposal or application for DRP review. The fee will be prescribed in the Town's Schedule of Fees and Charges and is to be reviewed by Council annually.

3.13. Meetings will be set to occur monthly, with additional meetings held when required as necessary to deal with matters that have been referred or if there is there is a need to address an urgent issue as determined by the Town. Meetings may be cancelled or postponed where warranted.

3.14. In the case of minor changes requiring further DRP review, revised plans may be circulated to members for final comments without a further meeting being required or meetings may be scheduled informally.

3.15. DRP meetings are not open to the public. Proceedings of a DRP meeting and details of matters under DRP consideration are not to be disclosed by members unless otherwise directed by the Town.

Adopted: 28 June 2016


26 3. Residential Zones: Use and Development 3.1. Streetscape

3 RESIDENTIAL ZONES: USE AND DEVELOPMENT

Policy 3.1: Streetscape

Streetscape is the term given to the collective appearance of all buildings, footpaths and gardens along a street. The streetscape is the visual identity of a neighbourhood and plays an important role in fostering interaction between residents and creating a community.

STATEMENT OF INTENT AND OBJECTIVES

This policy aims to create and preserve neighbourhoods that are attractive, safe and offer high amenity for residents and pedestrians. The policy covers a range of matters including housing design, building setbacks, fencing, landscaping and crossovers as these collectively impact the quality of streetscapes.

In particular, the policy seeks to:

achieve street setbacks which, together with the type of dwelling, fits in with the established and/or desired development pattern for the area;

maintain the openness of streetscapes to create a safe and attractive pedestrian environment through passive surveillance of the street and dwellings;

reduce the dominance of garages, carports, driveways and hard surfacing, fences and other structures which detract from the street presentation of homes and gardens;

encourage the retention and improvement of plantings and landscaping in the front garden and on the verge, including the retention of healthy street trees;

prohibit the excessive use of hard surfaces in the front setback, to retain the green character of our neighbourhoods; and

ensure that dwellings are an integral part of the streetscape, connecting visually to the street as homes and are not isolated by fencing, retaining walls, garages or other features.

STRUCTURE OF THE POLICY

This policy sets out requirements relating to the following elements:-

Street Setbacks (primary and secondary street)

Garage Setbacks and Design

Carport Setbacks and Design

Setbacks for Minor Incursions (balconies and other minor incursions and pergolas/gatehouses/shade-sails)

Surveillance of the Street

Walls and Fences

Retaining Walls in the Street Setback Area

Landscaping

Roof Design and Materials

Vehicle Access and Crossovers.



The policy relates to all residential development in the Residential zones. For some elements, there are different standards applicable to individual precincts shown in Figure 1.

Figure 1: Precinct Map

RELATIONSHIP WITH RESIDENTIAL DESIGN CODES (R-CODES)

This policy is adopted as a Local Planning Policy under the provisions of the Residential Design Codes of Western Australia (R-Codes). The standards contained herein replace or amend the deemed to comply provisions of 5.1.2, 5.2.1, 5.2.2, 5.2.3, 5.2.4, 5.2.5, 5.3.2, 5.3.5, 6.1.3, 6.2.2 and 6.3.2 of the R-Codes.

Development which complies with the following deemed to comply provisions is deemed to meet the relevant design principle. Where the development does not comply with the deemed to comply provisions, the relevant design principles of the R-Codes or this policy apply.

RELATIONSHIP WITH OTHER POLICIES

Where this policy is inconsistent with the provisions of a specific policy or guidelines applying to a particular site or area e.g. Jersey Street, Jolimont; Perry Lakes, Floreat; Ocean Mia, City Beach; St John's Wood, Mt Claremont; Parkside Walk, Jolimont, and the West Leederville Precinct Policy, the provisions of the specific policy or guidelines prevail.

PRECEDENT

In every neighbourhood there will be examples of dwellings and features that do not comply with this policy. Policies cannot undo what has been done and they are often designed to prevent things that have been allowed in the past from reoccurring. For this reason, the existence of nearby dwellings or features that do not comply with this policy will have no influence on whether a development or feature will be approved.



Definitions

For the purpose of this policy, the following definitions apply. For any other definition, the R-Codes' definitions apply.

Architectural Feature An ornamental feature to complement the building, or artwork including paintings, murals and sculptures.

Garage Definitions Double garage A garage which is greater than 3.0 m in width as measured parallel to the street frontage, including doors and supporting structures.

Single garage A garage which is 3.0 m or less in width as measured parallel to the street frontage, including doors and supporting structures.

Landscaping Land developed with garden beds, ground covers, shrubs and trees, or by the planting of lawns, and includes such features as rockeries and ornamental ponds but excludes swimming pools, artificial turf, turf-cell, pavement, gravelled or pebble areas or any other non-vegetative objects.

The area under a pergola may qualify towards the landscaping requirement but the area under a shade sail or patio will not qualify towards the landscaping requirement.

Open Style Where a design maintains views of the façade behind the structure with the following meanings in particular cases:-

Open Style Balconies A balcony without a roof, where balustrades are no higher than 1.2 m and no less than 4:1 open to solid ratio in any position; or glass, mesh or similar effectively transparent material.

Open Style Carports Carports with no side or back enclosure and if there is a door, it is to be no less than 4:1 physically open to solid ratio in any position. Glass, mesh and similar materials are unacceptable door materials.

Open Style Fencing Infill Panels and Gates Fencing infill panels in accordance with the materials shown in Appendix 1 including:-

infill panels no less than 1:2 open to solid ratio in any position, provided that solid walls do not exceed 0.35 m in height and the total fence height does not exceed 1.2 m;

infill panels no less than 4:1 open to solid ratio in any position, provided that solid walls do not exceed 0.75 m in height; or

non-reflective glass or effectively transparent mesh, provided that solid walls do not exceed 0.75 m in height.

In any other circumstance which is not specified above, such as but not limited to porches and gatehouses, an open style surface area is to be no less than 4:1 open to solid ratio.



Notes:- 1. In all cases, where slats and railings are proposed these must also be no greater than

50 mm in width and 15 mm in depth to qualify as open style.

2. For safety, there are maximum widths for spaces between railings and panels in certain circumstances. Please refer to the section on "Balustrades and Handrails" of the National Construction Code for specific standards for fencing and balustrades above ground level. Balcony railings should be no more than 125mm apart. Please refer to the Building Commission of Western Australia "Rules for Pools and Spas" in the case of pool or spa fencing.

Street definitions In the case of a site that has access from more than one public road:-

Primary street The road where the dwelling is set back the furthest distance.

Primary street setback area The area that extends from a point on the side and secondary street boundaries corresponding with the required primary street setback (see Figure 2 below).

Secondary street setback area The area that extends from a point on the side boundary corresponding with the required secondary street setback to a point where it intersects with the required primary street setback (see Figure 2 below).

Figure 2: Primary and secondary street setback areas (corner lots)

Secondary street setback area

Str

eet (in

clu

din

g

the v

erg

e)

DWELLING

Rear setback area

Side setback area

Primary street (front) setback area (the larger setback area)

Street (including the verge)



3.1.1 - Street Setbacks

Primary street setback areas are important parts of the streetscape and are fundamental to the amenity and particular character of residential localities. They should enable a clear view between homes and the street and provide a comfortable and secure transition between homes and the street.

From a visual point of view, an open setback area provides a more attractive setting for the building.

Low density areas have large setbacks and high density areas have smaller setbacks. In areas coded R30 or higher, an additional 2.0m setback is required for upper levels so as to reduce the impact of large and bulky dwellings that detract from the established streetscape.

DEEMED-TO-COMPLY PROVISIONS

Note: Setbacks shall be measured at 90 degrees to the street alignment.

Primary street setbacks (Ref: R-Codes 5.1.2 - C2.1 & 6.1.3 - C3.1)

The minimum setback for buildings (excluding double garages and carports) from the primary street boundary is to be in accordance with Table 1 and the notes below (there is no provision for averaging).

Additional setbacks may apply for upper storeys as per the note beneath Table 1, and double garages as per the section 3.1.3 of this Policy.

Minor incursions may also be permitted in accordance with the section 3.1.2 of this Policy.

Table 1: Primary street setbacks

Precinct Density coding

R12.5 R15 R20 R30 R40 R40/60, R60

City Beach 6.0m

n/a 6.0m 4.0 m n/a n/a

Floreat 6.0m

6.0 m 6.0 m n/a n/a n/a

Wembley n/a n/a 6.0 m (a)

4.0 m (b) 4.0 m (b) 4.0 m

West Leederville

n/a n/a 6.0 m (a) 4.0 m (b) 4.0 m (b) 4.0 m

Notes:-

(a) Variation to primary street setback In these cases, the primary street setback to the dwelling (excluding a double garage) can be reduced by up to 1.0 m where there is no carport or minor incursion in the primary street setback area.

(b) Upper storey setback (R30 and R40 areas) In these cases, upper storeys (second storey or higher) are to be set back a further 2.0 m from the setback specified in Table 1, except where the ground level at the front of the dwelling is at least 1.5 m below street level.



Primary street setback - for subdivided corner lots in areas coded R15 or higher (Ref: R-Codes 5.1.2 - C2.1 & 6.1.3 - C3.1)

Where a grouped dwelling has its main frontage to a secondary street; or a single dwelling results from subdivision of an original corner lot and has its frontage to the original secondary street; the street setback may be reduced to 2.5 m for the dwelling; 1.5 m to a porch, verandah, balcony or the equivalent and 3.5 m for a double garage.

Secondary street setback (Ref: R-Codes 5.1.2 - C2.2 & 6.1.3 - C3.1)

The minimum setback for buildings (including garages but excluding carports) from the secondary street boundary is to be in accordance with Table 2 below. There is no provision for averaging. Minor incursions may also be permitted in accordance with ‘Minor incursions in street setback area’ section of this policy.

Table 2: Secondary street setback


R12.5 R15 R20 R30 R40, R40/60

City Beach

3.75 m n/a 3.75 m 1.5 m n/a

Floreat

4.5 m 1.5 m 1.5 m n/a n/a

Wembley

n/a n/a 1.5 m 1.5 m 1.0 m (a)

West Leederville n/a n/a 1.5 m 1.5 m 1.0 m (a)

Note:-

(a) Applies only to single and grouped dwellings. The minimum secondary street setback for multiple dwellings is 1.5 m.

DESIGN PRINCIPLES

Where the deemed to comply provisions are not met, applications are to be assessed against the relevant design principles of clause 5.1.2 Street Setback or clause 6.1.3 Street Setback of the R-Codes.



Minimum Primary Street Setback Diagrams

City Beach and Floreat Precincts

Wembley and West Leederville Precincts - R20

Wembley and West Leederville Precincts - R30

* Garage may be setback 6.0m from primary street if sunken at least 1.5m

Carport / minor incursion present No Carport or minor incursion present





3.1.2 - Minor Incursions in the Street Setback Area

Dwellings often have certain architectural features that add to the general attractiveness of their appearance. Provided these are not extensive, they may project into the street setback area without compromising the openness of the area.

DEEMED-TO-COMPLY PROVISIONS (Ref: R-Codes 5.1.2 - C2.4 and 6.1.3 - C3.2)

Open-style balconies, verandahs and other minor incursions may project into the primary or secondary street setback area as per Table 3 below subject to meeting the requirements listed under Table 3.

Table 3: Minor Incursions

Area Minor incursion into Primary Street

Setback

Minor incursion into Secondary Street

Setback

City Beach Precinct (R12.5 and R20) and Floreat Precinct (R12.5)

2.0 m 2.0 m

Floreat Precinct (R15 and R20), Wembley Precinct (R20) and West Leederville Precinct (R20)

2.0 m n/a

All areas coded R30 or greater 1.0 m* 1.0 m

* An open-style and unroofed balcony on the first floor may protrude into the front setback area up to 3.0m from the front boundary.

Balconies Open style balconies (see definition section) may occupy the full width of the

building and extend over the roof of any building below.

Enclosed balconies are not considered to qualify as a minor incursion and shall be set back in line with buildings generally.

Verandahs A verandah may occupy the full width of the building provided it is not more

than 3.5 m in height above natural ground level and must be open style.

Where support piers are provided, these are to be no more than 0.5m in width or depth.

Other Minor Incursions A porch, portico, entry stairs or other architectural feature must be no greater

than 30% of the overall width of the building.

Where support piers are required these are to be no more than 0.5 m in width or depth.

Eaves Eaves may project up to 1.0 m from the building into the primary or secondary

street setback area for the full width of the building in all cases.

DESIGN PRINCIPLES

Where the deemed to comply provisions are not met, applications are to be assessed against the relevant design principles of clause 5.1.2 Street Setback or clause 6.1.3 Street Setback of the R-Codes.



3.1.3 - Garages

Double garages are now a standard feature in most homes, but in many home designs, double garages dominate the appearance of the dwelling, either extending across a large part of the frontage or protruding forward, or both. This leads to streetscapes with large blank surfaces facing the street, diminishes the appearance of the dwelling and limits opportunities for passive surveillance onto and from the street.


Garage setback (Ref: R-Codes 5.2.1 - C1.1 & C1.4)

The minimum setback for a double garage from the primary street boundary is to be in accordance with Table 4 below.

Table 4: Minimum primary street setbacks for double garages


R12.5 R15 R20 R30 R40 R40/60, R60

City Beach 7.0m

n/a 7.0m 4.0 m n/a n/a

Floreat 7.0m

7.0m 7.0 m n/a n/a n/a

Wembley n/a n/a 6.0 m

5.0 m 5.0 m 4.0 m

West Leederville

n/a n/a 6.0 m

5.0 m 5.0 m 4.0 m

Notes:- A garage may need to be set back further than the specified primary street setback to enable certain vehicle types to enter a driveway and to achieve acceptable crossover limits and gradients.

All garages to be set back from the secondary street boundary in accordance with the minimum secondary street setbacks specified in Section 3.1.1 - Table 2 of this Policy.

Where the ground level at the front of the garage is sunken at least 1.5m below street level, it may be set back as per the minimum primary street setback specified in Section 3.1.1 - Table 1. Refer to the 'Minimum Primary Street Setback Diagrams' under Section 3.1.1 of this Policy for clarification.

A double or wider garage shall not dominate over the rest of the dwelling. Regardless of whether the garage is set back as per all other primary setback requirements of this policy, at least two-thirds of the remainder of the ground floor of the dwelling must be in line or forward of the garage, subject to all other setbacks being met. In calculating this length of frontage of the remainder of the dwelling, porches, porticos, verandahs or similar are included. Refer to diagrams below for clarification.



Garage width (Ref: R-Codes 5.2.2 - C2)

In zonings of R20 and above, a garage facing the primary street, including supporting structures, is not to occupy more than 50% of the frontage of the dwelling as measured parallel to the primary street. This may be increased to 60% where an upper floor or balcony extends for the full width of the garage and protrudes over it, and the entrance to the dwelling is clearly visible from the primary street.

In zonings below R20, a garage facing the primary street is not to occupy more than 50% of the width of the frontage of the dwelling.

Garage design

Garages must be designed and constructed in a manner complementary with the style and finishes of the dwelling.

DESIGN PRINCIPLES

Where the deemed to comply provisions are not met, applications are to be assessed against the relevant design principles of clause 5.2.1 Setbacks of Garages and Carports or clause 5.2.2 Garage Width of the R-Codes.

Garage in front of dwelling and/or intrudes into street setback area - Not permitted in any circumstance.

Garage set back in line with dwelling at the street setback line in Wembley and West Leederville R20, R40/60, R60 and City Beach R30 areas.

In all other cases, garage should be at least 1.0m behind the street setback line required for the dwelling generally.

Garage set back in line with dwelling at least 1.0m behind street setback line/both are set back as per Table 4.

Garage set back at least 1.0m behind rest of dwelling and all setbacks are met.

Garage set back as per Table 4 and dwelling can be set back 5m where there is no carport or minor incursion in the street setback area - in Wembley and West Leederville R20.



3.1.4 - Carports

Carports by definition are open style structures and must allow unobstructed views of the dwelling. Carports may be located in the street setback area, however, there is no right to enclose any part of a carport and the general rule is that carports are not to be enclosed. A carport that is enclosed on any side, except to the extent that it abuts a dwelling or property boundary on one side, will be considered to be a garage and as such the garage setback requirements of this policy will apply.


Carports must be designed and constructed in a manner that complements the dwelling, allows a clear view to the dwelling and does not dominate the dwelling.

The width of a carport is measured from the outside of the pillars or posts.

Carports which are located in the primary street setback area to be designed in accordance with specifications in the illustration below:-

The following pictures provide examples of designs of carports and carport doors that are either open style and meet the deemed-to-comply standards of this policy and others which do not.

Maximum door height - 1.8m

Panels - Open Style at least 4:1 open to solid ratio (no solid section at all)

Sides unenclosed (one side can abut house or the boundary)

Piers maximum 0.5m x 0.5m in width and depth

Maximum width - 6.5m



Open Style Carports - No door

Open Style Carports - with doors Carport door railings at least 4:1 open to solid and continuation of fence

Solid Carport doors / Not open-style doors

Door completely solid

Door partly solid

Door open to solid ratio less than 4:1 (limited visual permeability)

Mesh not permitted (limited visual permeability)

Carport Height

The following heights are measured from natural ground level.

Carport with a pitched roof The maximum overall height of carport in the front setback area with a pitched roof is 4.5m with a maximum pier height of 3.0m.

Carport with a flat roof The maximum overall height of carport in the front setback area with a flat roof is 3.0m.

Carport with a skillion roof The maximum overall height of carport in the front setback area with a skillion roof is 3.0m along one side and 4.5m along the other side.



Carport Setbacks (Ref: R-Codes 5.2.1 - C1.2 and C1.4)

The setback of a carport is measured from the pier closest to the street.

Primary street setback for carports

The minimum setback from a primary street boundary to a carport is 0.3 m provided that the roof of the primary dwelling and carport roof are at least 1.0 m apart as illustrated below.

Where the above criteria are not met, the minimum setback from a primary street boundary to a carport is increased to 1.0 m (in Wembley Precinct, West Leederville Precinct and Floreat R15 and R20) or 2.0 m (in City Beach and Floreat Precinct R12.5).

Secondary street setback for carports

The minimum setback from a secondary street boundary to a carport is 0.3 m.

DESIGN PRINCIPLES

Where the deemed to comply provisions are not met, applications are to be assessed against the relevant design principles of clause 5.2.1 Setbacks of Garages and Carports of the R-Codes.

4.5m

4.5m

3.0m

3.0m

Pitched roof Flat roof Skillion roof

3.0m

At least 1.0m between carport roof and dwelling roof

DWELLING

CARPORT

V E R G E

Carport setback at least 0.3m from front boundary

Primary street boundary



3.1.5 - Gatehouses, Shade-sails, Pergolas and Other Structures in the Front Setback Area


An unenclosed structure such as a gatehouse, which is unattached to the dwelling, may be located within the street setback area provided that:-

it is no higher than 2.4 m to plate height and 3.5 m overall;

it has a maximum dimension of 2.0 m;

it is open style above 0.75 m in height on all sides or consists only of pickets up to 1.2 m in height which are no greater than 75 mm in width and spaced no closer than the depth of the picket;

there are no more than four piers and these must be no wider or deeper than 0.5 m; and

it is set back a minimum of 1.0 m from side boundaries.

Structures in the street setback area which are not defined as a building in the R-Codes such as pergolas, shade sails or sculptures may be permitted in the street setback area, providing that the landscaping and street surveillance requirements of this policy are also met and provided that these do not exceed 3.0m in height and set back at least 1.0 m from side boundaries.

Cubby houses or treehouses are not permitted to be located in street setback areas or on the verge.

Note: All height measurements above are to be taken from natural ground level.

DESIGN PRINCIPLES

Gatehouses, pergolas, shade sails and other structures are allowed in the front setback area provided they are largely open-style, do not block the view of the dwelling and have limited impact on adjoining properties.



3.1.6 - Street Surveillance (Windows and Front Doors)

The creation of safer communities depends to a large extent on natural surveillance to deter potential intruders. The proper size, placement and design of windows, doors and landscaping can provide good visual connections between the dwelling and the public street and so allow a resident or passer-by to play a part in making their neighbourhood safer.


Single and Grouped Dwellings (Ref: R-Codes 5.2.3 - C3.1 & C3.2)

The front door of a dwelling is to be clearly visible from the street (either the primary or secondary street). (Please refer to diagrams below).

In the case of a grouped dwellings or battle-axe dwellings, which do not abut the street, the front door should be visible on the approach to the dwellings.

An open style porch, portico or verandah is encouraged to articulate an entry.

There must be at least one habitable room along the front elevation of the dwelling on each level (this also applies to dwellings at the rear of a battle-axe lot).

Each habitable room facing the primary street must have at least one major opening with clear glazing, with a clear view of the street and the approach to the dwelling, or in the case of an outdoor living area facing the street, there must be an unobscured opening. This also applies to dwellings at the rear of a battle-axe lot.

Non-habitable rooms may only be allowed at the front of the dwelling where in aggregate, these form a minor part of the front façade.

In the case of a corner lot, there must be at least one habitable room or balcony facing the secondary street and that room must have a major opening with a clear view of the street. All habitable rooms that face the secondary street must have at least one major opening with clear glazing, with a clear view of the street.

Note: In order to meet the above requirements, when a new dwelling is built or there are additions to the front of the dwelling, the removal solid walls which restrict views of the front door and/or windows will be required.



Multiple Dwellings (Ref: R-Codes 6.2.1 - C1.1 to C1.3)

The street elevation(s) of the building are to address the street, with facades generally parallel to the street with clearly definable entry points visible and accessed from the street. Each dwelling which faces the street must address the street.

The building has habitable room windows or balconies that face the street.

Basement parking structures between a street frontage and the main front elevation are no more than 1.0 m above natural ground level at any point.

DESIGN PRINCIPLES

Where the deemed to comply provisions below are not met, applications are to be assessed against the relevant design principles of clause 5.2.3 Streetscape or clause 6.2.1 Street Surveillance of the R-Codes.



3.1.7 - Fences and Street Walls

The objective of this policy in regard to walls and fencing in the street setback area is to make streets attractive and safe. Front gardens are part of the formula for giving the area a lush, green feel, so it is important that front setbacks have substantial vegetation and the gardens are displayed to the street. Great streets are made up of great front gardens.

It is also important that people can see into and out of front yards, to make them safer. This is called “passive surveillance” and it discourages crime in homes and on the streets because everything is in full view. Every dwelling must contribute to the safety of its neighbourhood by allowing a high level of passive surveillance.

The preferred streetscape is one without front walls or fences. If a fence or wall is to be built, low fences and walls give the most desirable outcome. They make streets more open, attractive and hospitable places to live.


Several acceptable options for fence design are set out in the following section. These options promote open and low style fencing and wall styles, over solid and taller fences and walls. Where a fence is proposed to be higher, infill panels are to be more open. Where a lower fence is proposed, infill sections can be less open, compared to higher fencing.

Different fencing standards apply depending on whether the fence is located in the primary street setback area, in the secondary street setback area (in the case of corner lots); or abutting a reserve.

Combinations of each option may be acceptable along different sections of a fence line. For example, there may be a section of solid wall for a meter box or letter box along a fence which is otherwise open style.

Calculation of Fence Height

The height of a fence or wall is measured from natural ground level at the lot boundary on the street side to the top of the fence and includes any decorative finishes, columns and the height of any retaining wall.

Fencing in the Primary Street Setback Area (Ref: R-Codes 5.2.4 - C4 and 6.2.2 - C2)

This section applies to fencing or gates anywhere in the primary street setback area including the front and side boundary. Examples of acceptable fence infill panels are provided below.



Option 1 - Low Solid Wall or Fence

Maximum height - 0.75 m (Note: - This may be increased to 1.2 m if the ground is not level, provided that the average height is no more than 0.75 m as per the details on walls on sloping sites below).

Option 2 - Traditional Picket Fence (with no solid wall)

Maximum height - 1.2 m Pickets must not exceed 75 mm in width. Pickets must not be spaced any closer than the depth of pickets.

Fence bracing (railing) Up to two horizontal braces of maximum width 50 mm are permitted along the fence.

Option 3 - Low Solid Walls/Fences with Piers and/or Infill Panels or Pickets

Overall maximum height- 1.2 m

Maximum height of solid wall/fence - 0.35 m (This may be increased to 1.0 m if the ground is not level, provided that the average height is no more than 0.35 m, as per the details on walls on sloping sites below).

Infill panels (vertical or horizontal slats or railings) Maximum height from natural ground level - 1.2 m. Minimum open to solid ratio for infill panels in a fixed position - 1:2 (i.e. surface area minimum 33%

open) with materials as shown as acceptable below (Acceptable Infill Materials). Maximum width of railing or slat - 50 mm. Maximum depth of railing or slat - 15 mm.

Piers Maximum height from natural ground level - 1.2 m. Maximum width and depth - 0.5 m. Minimum distance between piers - 2.0 m (except for pedestrian gates, in which case the piers may be

closer).


Option 4 - Taller Fence with Piers and/or Infill Panels

Overall maximum height to top of piers - 2.0 m

Maximum height of solid wall/fence - 0.75 m (This may be increased to 1.2 m if the ground is not level, provided the average height is no more than 0.75 m as per the details on walls on sloping sites below).

Infill panels (vertical or horizontal slats or railings) Maximum height from natural ground level - 1.8 m Minimum open to solid ratio for infill panels in a fixed position - 4:1 (i.e. surface area minimum 80%

open) with materials as shown as acceptable below (Acceptable Infill Materials) or effectively transparent.

Maximum width of railing or slat - 50 mm. Maximum depth of railing or slat - 15 mm.

Piers Maximum height from natural ground level - 2.0 m. Maximum width and depth - 0.5 m. Minimum distance between piers - 2.0 m (except for pedestrian gates, in which case the piers may be

closer).




Fencing in the Secondary Street Setback Area


A minimum of 40% of the area of any fence in the secondary street setback area must comply with fencing standards for the primary street setback. The remaining 60% may be solid, provided that the height of the fence does not exceed a maximum height of 1.8 m, including the height of any retaining wall below. Piers up to 2.0 m are permitted provided that these are 2.0 m apart, except where pedestrian gates are proposed in which case the piers may be closer. Walls and piers are subject to satisfying visual truncation requirements for vehicle access.

Wembley and West Leederville Precincts

Fencing may be solid, provided that the height of the fence does not exceed 1.8 m in height, including the height of any retaining wall below. Piers up to 2.0 m are permitted, provided that these are 2.0 m apart, except where pedestrian gates are proposed in which case the piers may be closer. Walls and piers are subject to satisfying visual truncation requirements for vehicle access.

Boundary Fencing Abutting a Reserve

Where a property abuts a reserve to the rear, any fence on the rear boundary or within the rear boundary setback area (excluding along the side boundaries) must comply with visual permeability standards for fencing in the primary street setback area. In cases where privacy screening for the main outdoor living area is necessary, up to 50% of the length of the rear boundary may consist of fencing and/or walls which do not meet visual permeability requirements.

Fence Style and Material

Fences in the primary and secondary street setback areas are to be constructed in a style and materials compatible with those of the dwelling or adjoining fences. Fibre cement and metal sheeting is not permitted within the street setback area.

Fence Replacement in the Street Setback Area

Where a non-complying over-height or solid fence is to be wholly or partially demolished, an identical or similar fence cannot be erected in its place. The replacement fence must comply with this policy.

Pool fencing in the street setback area

Where pool fencing is proposed in the street setback area it is to meet the requirements of this policy for open style fencing in addition to safety standards under the Building Code of Australia.

Sightlines (Ref: R-Codes 5.2.5 - C5 and 6.2.3 C3)

Walls, fences and other structures truncated or reduced to no higher than 0.75 m within 1.5 m of where walls, fences or other structures adjoin vehicle access points where a driveway meets a public street and where two streets intersect.

Meter Box Walls and Letter box Wall

Up to two sections of solid wall, each no greater than 2.0 m in height and 1.0 m wide, are permitted to accommodate a meter box or letter box per lot. In cases



where there are two walls proposed, these must be at least two metres apart. Walls are subject to satisfying visual truncation requirements.

Fencing above Retaining Walls

Where the combined height of retaining walls is greater than 1.5 m, no solid wall can be erected above ground level.

Solid walls and fences along sloping sites (with or without infill panels above)

The preferred wall design will fall with the general slope of the site. Alternatively, the maximum height for part of a solid wall or fence may be increased, subject to the following:-

the higher section of solid wall or fence is located on the lower section of ground;

if applying fence Option 1 or 4 above, a solid wall can be a maximum of 1.2 m in height, as long as the average height of the solid wall over its length is no greater than 0.75 m;

if applying fence Option 3 above, a solid wall can be a maximum of 1.0 m in height, as long as the average height of the solid wall over its length is no greater than 0.35 m; and

the maximum height of a fence at any point for each of the fencing options not being exceeded.

A wall to accommodate a meter box or letter box, up to a height of 2.0 m, may be permitted in addition to these options.

DESIGN PRINCIPLES

Where the deemed to comply provisions below are not met, applications are to be assessed against the relevant design principles of clause 5.2.4 Street Walls and Fences or clause 6.2.2 Street Walls and Fences of the R-Codes.



Acceptable/Unacceptable Front Fencing Infill Panel Materials

Wooden Panels

Slats have open-solid ratio of at least 1:2 if walls are maximum of 0.35 m in height and fence height no more than 1.2 m overall.

(or slats have open-solid ratio of at least 4:1 and height of infill no

greater than 1.8 m)

Maximum width of railing or slat - 50 mm

Maximum depth of railing or slat - 15 mm

Open to solid ratio less than 1:2 not acceptable in any circumstance

Width of railing or slat exceeds 50 mm

Panels which are greater than 15 mm in depth are likely to appear solid when not viewed front on, regardless of open to solid ratio

Metal Slats and Panels

Open to solid ratio at least 4:1 Panel height no greater than 1.8 m

Maximum railing width

50 mm

Maximum railing depth 15 mm

Slats have open-solid ratio of at least 1:2 and walls no more than 0.35 m in height and fence height no more than 1.2 m overall.

Maximum railing/slat width 50 mm

Maximum railing/slat depth15 mm

Slats have open-solid ratio of at least 1:2 but fence exceeds 1.2 m in height

Panels which are greater than 15 mm in depth are likely to appear solid when not viewed front on, regardless of open to solid ratio



Pickets

Picket fence no greater than 1.2 m in height with no solid wall or piers Pickets must not exceed 75 mm in

width

Pickets must not be spaced any closer than the depth of pickets

Picket fence, with pickets presenting open to solid at a ratio of no less than

1:2 and no greater than 1.2 m in height Wall no greater than 0.35 m in height and piers no greater than 1.2 m in height

Where there are piers (above 1.2 m) and/or walls (above 0.35 m), the pickets must be at least 4:1 open to solid ratio and the total height of pickets no greater than 1.8 m

Mesh

Effectively transparent mesh to height of no greater than 1.8 m (generally black, grey and green mesh will be more effectively transparent)

Mesh not effectively transparent

Glass

Glass provided it is unfrosted and/or unglazed (it is to be non-reflective). Perspex and other materials are not permitted

Frosted glass

Shutters

Shutters, which when in closed position meet the standards of infill panels above

Shutters are not acceptable if they can be fully shut



3.1.8 - Retaining Walls

Dwellings above street level must address the street by having a largely uninterrupted rise and graduated slope from the street to the ground floor, so that the ground floor of the dwelling can be seen from the street. Retaining walls should be stepped to maintain a low wall style. Solid single face wall and walls that create a fortress or parapet effect will not be permitted.

DEEMED-TO-COMPLY PROVISIONS (Ref: R-Codes 5.3.7 - C7.1-C7.3 and 5.3.8 - C8.1-

8.2 and 6.37 - C7)

Retaining is permitted in the street setback area provided that:-

no individual retaining wall is greater than 0.75 m in height (taken from natural ground level);

retaining walls are horizontally spaced at least 0.75 m apart; and

the area between retaining walls is to be landscaped.

Where the combined height of the retaining walls is greater than 1.5 m, no solid wall can be erected on top of or anywhere behind the retaining wall in the front setback area.

Retaining walls are permitted to be designed as per the wall options provided under the "Solid walls and fences along sloping sites" section of this policy, provided that any other retaining wall constructed above, anywhere behind the retaining wall in the front setback area, is a maximum height of 0.75 m.

Examples of acceptable and unacceptable retaining walls are provided below.

Acceptable Retaining walls

Retaining walls no more than 0.75m in height Retaining walls separated by 0.75m or greater horizontally Landscaping between walls

Retaining walls no more than 0.75m in height Retaining walls separated by 0.75m or greater horizontally Landscaping between walls

Unacceptable Retaining walls

Retaining wall greater than 0.75m in height Fencing on top of retaining walls, where the retaining is 1.5m or greater in height

Retaining wall greater than 0.75m in height Retaining walls spaced less than 0.75m apart horizontally

DESIGN PRINCIPLES

Where the deemed to comply provisions below are not met, applications are to be assessed against the relevant design principles of clause 5.3.8 Retaining Walls or clause 6.3.7 Retaining Walls of the R-Codes.

http://www.google.com.au/imgres?q=retaining+wall&um=1&hl=en&biw=1680&bih=846&tbm=isch&tbnid=W228lhcBPsvPMM:&imgrefurl=http://harboursidelandscaping.com.au/landscaping-services/retaining-walls/&docid=C_cDNNuJwqAQ6M&imgurl=http://harboursidelandscaping.com.au/wp-content/uploads/2012/07/interlocking-retaining-wall.jpg&w=640&h=480&ei=OEdmUfD_C4SZiAeD3oCIBQ&zoom=1&iact=hc&vpx=407&vpy=388&dur=3141&hovh=194&hovw=259&tx=162&ty=110&page=2&tbnh=141&tbnw=185&start=34&ndsp=48&ved=1t:429,r:36,s:0,i:258



3.1.9 - Landscaping

As homes have become larger and paving is used more extensively, trees, lawn and gardens have disappeared from the area in front of an increasing number of homes. This policy seeks to reverse this trend.

Council strongly encourages the planting of new trees and vegetation, particularly water wise native gardens, in both front and rear gardens, and will assist with advice where it can.

Front gardens contribute towards attractive streets, especially in those areas developed with “Garden City” planning principles. They provide cooling through shade and transpiration, and counter the "heat island" effect caused by too much building mass and paving in our cities. Front gardens are important for on-site storm water retention, biodiversity and improved microclimate conditions.

DEEMED-TO-COMPLY PROVISIONS (Ref: R-Codes 5.3.2 - C2 & 6.3.2 - C2)

Landscaping is assessed in accordance with the definition in this policy.

A minimum of 60% of the primary street setback area is to be landscaped.

Consideration may be given to a reduction in landscaping, provided that a minimum of 50% of the primary street setback area is landscaped, on the basis of any combination of the following:-

if an additional landscaped area is provided behind the primary street setback line which is contiguous with landscaping in the primary street setback area, in full view of the street and in front of the dwelling; and/or

5% reduction in landscaped area per tree, to a maximum of two trees, for planting of an advanced growth tree (equivalent to 2.0 m in height and 2.0 m in diameter (canopy) or a minimum 45 litre bag) in the street setback area, and/or

5% reduction in landscaped area per tree, to a maximum of two trees, on the basis of retention of established mature trees in the street setback area.

Areas to be landscaped or landscaping features proposed are to be shown on plans.

Landscaping is to be installed and maintained throughout the duration of occupation of the dwelling.

Note: The setback area for the purposes of landscaping requirements is to be calculated by using the prescribed setback standard for the zoning. It is not affected by variations applied under this policy or otherwise.



Examples of Landscaping Areas for Calculation Purposes

DESIGN PRINCIPLES

Landscaping in the primary street setback area should:-

enhance the presentation of homes and gardens as viewed from the street; and be predominantly garden, substantial plantings and/or the retention of existing

vegetation; and minimise the amount of hard surfaces in the front setback area.

3.1.10 - Roof Pitch

The roof line of buildings contributes to streetscape appearance. Where housing abuts a public street, dwellings should generally not be dramatically different in shape or height from their immediate neighbours.


Wembley Precinct - Primary roofs of a dwelling that are visible from the street are to be hipped and/or gabled, and have a pitch between 22 degrees and 35 degrees.

West Leederville Precinct (excluding Hill of Tara Sub-Precinct) - Primary roofs of a dwelling that are visible from the street are to be hipped and/or gabled, and have a pitch between 30 degrees and 40 degrees.

DESIGN PRINCIPLES

Development should demonstrate compliance with the following design principles:

buildings which respect the height, massing and roof pitches of existing housing in the street and immediate locality;

buildings which respect the architectural styles which characterise the immediate locality; and

buildings which relate to the palette of materials and colours which are characteristic of housing in the immediate locality.



3.1.11 - Roof Reflectivity


The following provisions apply in the area outlined in Figure 4 over which includes the City Beach Precinct and most of the Floreat Precinct.

Metal roofs, with a pitch of more than 5 degrees shall not be constructed with metal sheeting having a solar reflectivity index exceeding 40% unless approved by the Council. Silver, white and off white are deemed to exceed 40% solar reflectivity index.

Other roofing materials such as polycarbonate, plastic, fibreglass or similar roofing is acceptable provided that the material does not have a solar reflectivity index exceeding 40% unless approved by the Council.

Figure 4: Map of Local Law 43 Area (Land Endowment Act Area)

DESIGN PRINCIPLES

Roof materials are acceptable where, due to the position, location, and pitch, the proposed roofing is not considered to result in excessive glare upon neighbours and the streetscape.



3.1.12 - Access and Crossovers for single and grouped dwellings

Note: In December 2016, the Council adopted the amendments to the following section of this Policy. In accordance with Part 7 of the Residential Design Codes, the Western Australian Planning Commission must provide support to introduce the provisions shown in red text that amend deemed-to-comply provisions of Section 5.3.5: Vehicular Access of the R-Codes. Upon approval by the WAPC, these provisions will apply to single and grouped dwelling development within the Town of Cambridge.

The demand for double garages, large carports and multiple vehicles on-site has resulted in many streetscapes becoming dominated by large crossovers and driveways at the expense of landscaping, street trees and kerbside parking.

Where a right of way (laneway) adjoins a lot, access is to be taken from the laneway. If there is no laneway, then access may be taken from the street. In the case of a corner lot, access is to be taken from the secondary street.

Narrow lots cannot accommodate more than a single width driveway and crossover if landscaping requirements of this policy are to be achieved and opportunities for on-street parking are to be maximised. Should access from the primary street be necessary in these circumstances, suitable alternatives include tandem parking with a single width crossover or shared crossovers over two properties.

The access and parking requirements under the R-Codes still apply to all single and grouped dwellings. The following provisions address crossover design from a streetscape perspective.

The following provisions apply for single and grouped dwellings. For multiple dwellings the vehicular access provisions of Part 6 of the R-Codes apply.

Note: A crossover refers to the section of the vehicle access way on the verge while a driveway refers to the section of the access way on private land (see diagram below).

Crossover

Street

Driveway

Verge

Property line

Dwelling

Splays (if required)

Crossover width




Wembley and West Leederville Precincts

Garages, carports and/or parking spaces must be located off a right-of-way (laneway) where an adequately formed right-of-way is available for use of the relevant lot.

Note: In order to encourage garages to be built at the rear, where a garage is located off a right-of-way, it is permitted as of right to be built to the side boundaries, provided parapet walls are no higher than 3 m with an average height no greater than 2.7 m and provided the wall is no greater than 6 m in length along the boundary.

Where a right-of-way is not available, a maximum of one crossover per lot is permitted from the street.

Where an adequately formed right-of-way (laneway) is available, access to a parking space, carport or garage may be permitted from the street via a crossover, but only if an existing dwelling is being substantially retained and there is existing vehicle access taken from the street to the lot. Where there is a new development or major redevelopment of a property which adjoins an adequately formed right-of-way, access is to be taken from the right of way and not the street in all cases.

Note:- This provision is subject to the endorsement of the Western Australian Planning

Commission

In the case of a corner lot without right-of-way access, access to the lot is to be taken from the secondary street and the crossover shall be a maximum width of 4.5m (excluding splays). However, in the case of the secondary street being a district distributor road and the primary street is a local road, access shall be taken from the primary street subject to the provisions below.

Where no right of way or secondary street exists, access may be taken from the primary street subject to the following provisions:-

A crossover is to be no more than 4.5 m in width where proposed.

Splays, if proposed, shall be contained within the 4.5 m width as measured at the kerb line and a parking line will need to be marked on the road 2.0 m back from the crossover.

Notes:- Depending on lot width and the setback of a dwelling, a driveway may splay or

taper to service a double garage provided the garage complies with this policy and the landscaping requirements for the front setback area under the policy are met.

In some cases, a driveway may need to be less than 4.5 m in width in order to meet landscaping requirements for the front setback area (to a minimum width of 3.0 m wide).

Access via a shared access way and crossover between adjoining lots is preferred, particularly for lots that have been formed through down the middle subdivision, creating narrow lots.

In the case of access being required from a distributor road the crossover may be up to 6.0m in width with splays of 1.0m x 1.0m required either side.



Crossover Locations and Width Scenarios

West Leederville and Wembley Precincts

Laneway Access

No crossover if laneway (ROW) access is available. Access from laneway only. Note: In most cases the Town will not support applications for green title battleaxe lots where laneway access is available.

Secondary Street Access for corner lots

If no laneway is available, access is to be taken from the secondary street (maximum width of crossover 4.5 m including splays).

Local Primary Street Access - For lot frontages generally > 9.0m

Maximum crossover width 4.5 m (including splays if proposed). Tapering of driveway to double garage permitted on wider lots provided that landscaping requirements are also met.

Local Primary Street Access - For lot frontages generally < 9.0m

Maximum crossover width 4.5 m (including splays if proposed). To meet landscaping requirements, the driveway may need to be less than 4.5 m in width and no double garage would be possible. Note: In most cases, the Town will not support applications for creation of narrow style lots.

Primary Street Access - Grouped dwelling with Common property

One crossover with a maximum width of 4.5 m (including splays if proposed) to access the parking spaces. Parking should be located between the

properties and should be out of view of the street.

Primary Street Access - Shared Access for side by side development

One crossover per lot of maximum width of 4.5m (including splays if proposed). Two crossovers/driveways may abut. On narrow lots, each driveway may need to be less than 4.5 m in width so as to meet landscaping requirements.




A single crossover must not exceed 6.0 m in width (excluding splays).

For a lot which only has a primary street frontage (no secondary street frontage) the combined crossover width shall not exceed 6.0 m (excluding splays).

For a corner lot, the combined crossover width shall not exceed 9.0 m (excluding splays). No more than one crossover is permitted per street frontage.

Notwithstanding the above, crossovers widths (exclusive of splays) shall be a maximum of 4.5m in St John's Wood, Mt Claremont.

Note:- This provision is subject to the endorsement of the Western Australian Planning

Commission

Crossover Locations and Width Scenarios


No Secondary Street Access (i.e. not a corner lot)

Maximum width of 6.0 m for crossover (excluding splays 1.0 m x 1.0 m permitted either side of crossover). Total crossover width (excluding splays) is to be no greater than 6.0 m.

Secondary Street Access (i.e. corner lot)

Maximum width of 6.0m per crossover (including splays 1.0 m x 1.0 m permitted either side of crossover). Total crossover width (excluding splays) is to be no greater than 9.0m. There may be one crossover to each street, subject to meeting the above standards (For instance 2 x 4.5m wide crossovers or 1 x 3.0m and 1 x 6.0m wide crossover).

All precincts

The following provisions apply for all vehicle access:-

The minimum width of a driveway and crossover at the property line is 3.0 m in

all cases.

Unless specified above, splays of 1.0 m x 1.0 m are required either side of a crossover.

The minimum width of the vehicle entry point; that is the total width of a crossover and splays if required or permitted, as measured at the kerb line, is 4.5m in all cases.



The width of a driveway must still allow the front setback area landscaping

requirements to be met in all cases.

The location of parking and their associated driveways and crossovers must be designed so as not to interfere with street trees, including their root systems and canopies. Crossovers must be a minimum of 1.5m from an existing street tree but may be required to be located a further distance from a tree if the Town considers a tree will be subject to any damage from a crossover.

Only in exceptional circumstances the Town may consider applications for removing/pruning a street tree to allow for installation of a crossover. Trees removed will be replaced. Removal, planting or pruning can only to be undertaken by the Town. The cost of these works is to be covered by the applicant. The tree species selected will be in accordance with the Town's Treescape Plan.

Where crossovers are redundant, the crossover is to be removed and the verge and kerbing is to be reinstalled at the applicant's cost prior to occupation of the dwelling.

The placement of crossovers and driveways along a street shall aim to maximise opportunities for on street parking as illustrated below.

Example of crossover / driveway positioning to maximise on street

parking spaces

Example of crossover / driveway positioning which limits street

parking spaces



3.1.13 - Holyrood Conservation Area

The Holyrood Street Heritage Development and Design Guidelines have been developed to recognise the special nature of Holyrood Street and apply to the area illustrated below. Holyrood Street is a predominantly late Nineteenth and early Twentieth Century tree-line streetscape and has cultural heritage significance.

The guidelines which are separate to this policy, aim to ensure that the important qualities of the street are retained, encourage an authentic fabric, to reveal its significance, and ensure that change to accommodate modern living does not impinge on the street's significance in a negative manner. It is also aimed at ensuring that new developments are not visually intrusive.

The requirements are in addition to those in the Town's Policies and the Residential Design Codes of Western Australia and provide guidance on a number of streetscape elements including setbacks, carports and garages, front fencing, landscaping, façade treatment and the matter of demolition.

Adopted: 13 October 2009 Amended: 21 December 2010 (DV10.124) Amended: 26 November 2013 (DV13.142) Amended: 25 March 2014 (DV14.36) Amended: 26 August 2014 (DV14.118) Amended: 23 September 2014 (DV14.130) Amended: 29 July 2015 (technical edits and reformatting) Amended: 21 December 2015 (technical edits and reformatting) Amended: 20 December 2016 (DV16.207)

Holyrood Conservation Area


58 3. Residential Zones: Use and Development 3.2. Buildings on the Boundary

Policy 3.2: Buildings on the Boundary

INTRODUCTION

The purpose of setbacks from side and rear boundaries is to provide for separation between buildings to enable access to sunlight, ventilation, and visual relief from the built form for the streetscape, and assist in protecting privacy and ameliorating the impact of building bulk.

This Policy is adopted under the provisions of the Residential Design Codes of Western Australia (R-Codes) and the following standards replace the deemed-to-comply requirements of 5.1.3 C3.2 and 6.1.4 C4.2 of the R-Codes.

Where the development does not meet the deemed-to-comply requirements, the relevant design principles of the R-Codes apply.

Where this policy is inconsistent with the provisions of a specific policy or guidelines applying to a particular site or area (eg. Jersey Street, Jolimont; Ocean Mia, City Beach; Parkside Walk, Jolimont, and St John's Wood, Mt Claremont), the provisions of that specific policy or guidelines prevail.

AIMS

To provide opportunities for owners of adjoining properties who might be affected by a proposal to construct a wall on a side or rear boundary to provide comments.


This policy applies to all residential development in the Residential zones.

ACCEPTABLE DEVELOPMENT STANDARDS

Buildings on the boundary

1. Walls may be built up to a boundary behind the front setback line where the wall abuts an existing or simultaneously constructed wall of similar or greater dimension.

2. In the case of a garage or carport which is located off a right-of-way, it will be permitted as of right to be built to the side boundaries, provided parapet walls are no higher than 3m with an average height no greater than 2.7m and provided the wall is no greater than 6m in length along the boundary. Neighbour consultation is not required in this circumstance.

Note:- In some cases, requirements of the National Construction Code may restrict opportunities for setback reductions.

Adopted: 26 May 2009 Amended: 21 December 2010 (DV10.124) Amended: 26 November 2013 (DV13.142) Amended 26 August 2014 (DV14.118) Amended: 29 July 2015 (technical edits and reformatting) Amended: 20 December 2016 (DV16.207)


59 3. Residential Zones: Use and Development 3.3. Building Height

Policy 3.3: Building Height

INTRODUCTION

This policy is adopted under the provisions of the Town Planning Scheme and the Residential Design Codes of Western Australia (R-Codes) and the following standards replace the deemed-to-comply requirements of 5.1.6 and 6.1.2 of the R-Codes.

Where a development does not meet the deemed-to-comply requirements, the relevant design principles of the R-Codes (5.1.6 for single houses and grouped dwellings or 6.1.2 for multiple dwellings) should be met.

Where this policy is inconsistent with the provisions of a specific policy or guidelines applying to a particular site or area (eg. Jersey Street, Jolimont; Ocean Mia, City Beach; Parkside Walk, Jolimont, and Precinct Policies), the provisions of that specific policy or guidelines shall prevail.

AIMS

To ensure that the height of buildings is consistent with the desired scale in a given locality.

To ensure that the height of buildings does not overly impact on the streetscape or neighbouring properties.

Residential buildings in areas coded Residential R12.5, R15, R20, R30 and Residential R40 to present to the street and abutting properties as one or two storey dwellings; and

The height of buildings on sloping sites to generally taper in accordance with the existing topography of the land.


This policy applies to single houses and grouped dwellings in the Residential zones up to and including R60, and multiple dwellings in the Residential R40, R60 and R160 zones.

DEFINITIONS

For the purpose of this policy, the following definitions apply:-

Dormer: A window set vertically in a structure projecting from and perpendicular to a sloping roof.

Gable: The triangular end of a house formed at the end of a pitched roof, from eaves level to apex (A Glossary of Building Terms Ed 2, 1978).

Height: The vertical distance from natural ground level to the top of the roof, wall or parapet at any point in accordance with Figure 1 below.



DEFINITIONS (cont’d): Figure 1: Wall Height

(a) Enclosed Eaves

(b) Unenclosed Eaves

(c) No Eaves

Note for (a) Enclosed Eaves: applies where eaves are not greater than 1.0 metre wide.

Figure 2: Different Roof Shapes

Curved roof



DEEMED-TO-COMPLY REQUIREMENTS

Development which complies with the following deemed-to-comply requirements is deemed to meet the relevant design principles of the R-Codes:

SINGLE HOUSES AND GROUPED DWELLINGS

West Leederville, Wembley, Floreat and City Beach Precincts (excluding Windarra Sub-Precinct)

Maximum building heights (i)

West Leederville, Wembley and Floreat

City Beach (excluding Windarra Sub-Precinct)

Top of external wall (hipped or gabled roof above) (ii) (iii)

6.0 metres 6.5 metres

Top of skillion, curved or flat roof (iv)


Top of a hipped and/or gabled roof (v)


Notes:-

(i) Refer to Part 4.4 of the R-Codes Explanatory Guidelines for an explanation on measuring building height and determining natural ground level. Note: Deemed Natural Ground Level does not apply under deemed-to-comply requirements.

(ii) Gable walls above eaves height:

Less than 9.0 metres long: exempted.

Greater than 9.0 metres long: add one third of the height of the gable, between the eaves and the apex of the gable wall, to the eaves height.

(iii) Dormers are exempted provided that:

the width of the dormer does not exceed 1.5 metres;

the height of the dormer does not exceed half the height of the roof (measured from eaves to ridge line);

the dormer does not project more than 1.0 metre from the roof;

the dormer is located a minimum of 0.5 metres below the ridge line of the roof and a minimum of 0.5 metres from the outer wall of the dwelling;

there is a maximum of one dormer in each elevation.

(iv) A flat roof is a roof with a pitch of 5 degrees or less

(v) Applies to ridges greater than 6.0 metres long. Short ridges: add 0.5 m height for each 2.0 metre reduction in length in accordance with the table below:-

Ridge length Maximum ridge height

4.01 metres or more 9.0 metres

2.01 metres – 4.0 metres 9.5 metres


0 metres 10.5 metres



Windarra Sub-Precinct of City Beach

A building or structure that does not exceed the height in metres above the Australian Height Datum as shown on the plans below.

This requirement is reproduced directly from the height restrictions within this area prescribed at the time the land was subdivided and sold under the former City of Perth Planning Scheme (repealed 31 March 1998) and shall not be varied by the Council.

Figure 3: Windarra Sub-Precinct: Height Restrictions



Figure 3: Windarra Sub-Precinct: Height Restrictions (cont’d)



MULTIPLE DWELLINGS

Maximum building heights (i)

R40 R60 R160

Top of external wall (hipped or gabled roof above)

6 metres 9 metres 15 metres

Top of skillion, curved or flat roof

7 metres 10 metres 16 metres

Top of a hipped and/or gabled roof

9 metres (ii) 12 metres 18 metres

Notes:

(i) Refer to Part 4.4 of the R-Codes Explanatory Guidelines for an explanation on measuring building height and determining natural ground level.

(ii) Applies to ridges greater than 6.0 metres long. Short ridges: add 0.5 m height for each 2.0 metre reduction in length in accordance with the table below:-

Adopted: 13 October 2009 Amended: 21 December 2010 (DV10.124) Amended: 24 May 2011 (DV11.43) Amended: 29 July 2015 (technical edits and reformatting) Amended: 21 December 2015 (technical edits and reformatting) Amended: 20 December 2016 (DV16.207)

Ridge length Maximum ridge height

4.01 metres or more 9.0 metres



0 metres 10.5 metres


65 3. Residential Zones: Use and Development 3.4. Jersey Street, Jolimont

Policy 3.4: Jersey Street, Jolimont

INTRODUCTION

Located on the edge of the Town of Cambridge boundary, and surrounded on three sides by commercial development and parklands, the opportunity exists for this Jersey Street land to accommodate truly contemporary development.

As such, these guidelines are minimalist in terms of architectural expression but enable the introduction of certain development standards specific to the subdivision design and the character of the area in general.

The guidelines should provide a measure of certainty for property owners as to what they can expect for their own home as well as what is able to be built around them.

Some of the following guidelines are prescriptive standards to which Council will generally adhere. Other provisions within the guidelines are set down to encourage property owners to think about the area in which they have chosen to build; their street, their neighbours, as well as to pursue sustainable building principles.

Where no reference is made to particular design elements, the relevant deemed-to-comply requirements of the R-Codes and/or Council policy apply. Where the development does not comply with the deemed-to-comply requirements, the relevant design principles of the R-Codes or Council policy apply.

AIMS

To allow for housing that is capable of meeting the expectations of owners; that will reflect the quality and value of the land.

To provide sufficient flexibility allowing for individual expression in design of a contemporary nature.

To provide scope for suitable indoor and outdoor areas.

To cater for adequate vehicular and pedestrian access.

Within the confines of the density of the land development, to provide measures which will ensure compatibility between neighbouring development. Provide for a measure of certainty as to what can be expected from neighbouring development.

Having regard to the orientation of the lots, to provide for a reasonable level of solar access.

To encourage energy efficient housing design.

To encourage/foster an open, active, attractive frontage to Jersey Street through innovative design.



RELATED POLICIES

3.1 Streetscape


This policy applies to development in the ‘Residential R30’ zone along Jersey Street, Jolimont (Lots 501 to 519 [Nos. 116 to 150] Jersey Street, Jolimont).

EXPLANATORY NOTES

Figure 1 below sets out the broad development parameters, with an example of a building footprint provided in Figure 2 (also below).



Setbacks

The primary frontage shall be to Jersey Street. Vehicular access shall be provided from the rear laneway. A restrictive covenant prohibits vehicular access from Jersey Street.



Building height

Figure 3 (below) prescribes the base datum points from which building height will be measured within the two-storey and single-storey development areas (as shown in Figure 1 above).

Height limits generally apply as for the R-Codes (5.1.6 C6, Categories A and B in Table 3). However, within the rear 12 metre single-storey development area, boundary walls will be limited to a maximum height of 3.0 metres.

To promote activity at the rear of the lots, the provision of living space within the roof space (loft) above the garage will be encouraged (refer to Figure 4 below).



Energy efficient design

Solar access

The east/west orientation and the size and configuration of the lots mean that maximising solar access will be difficult. Nonetheless, innovative design which optimises solar access is encouraged. The rear single-storey development area provides an opportunity to optimise solar access for rear courtyard areas. Further, allowance of nil side setbacks on both side boundaries provides the flexibility for mid lot outdoor space (refer to Figure 2 above).

Sustainable building practice

The Town of Cambridge is committed to supporting a sustainable living environment for all residents. The specific objective is to develop a high quality built environment incorporating good sustainable design principles. Council will encourage sustainable building practices within the Jersey Street development which are responsive to the shape and orientation of the lots, including energy efficient window systems, quality door and window seals and cross ventilation.

DEEMED-TO-COMPLY REQUIREMENTS

1. SETBACKS

1.1. Front setback

3.0 metres minimum and 4.0 metres maximum. Front balconies may protrude up to 1.5 metres into the front setback area.

1.2. Side setbacks

Within the two storey development area indicated in Figure 1, a two-storey wall is accepted on one side boundary. The normal secondary street setback applies to the property on the corner of Jersey Street and Salvado Road.

On the remaining side boundary, single-storey development may extend to the boundary where that part of the dwelling is set back at least 6 metres from the front boundary of the lot. Remaining walls are set back in accordance with the R-Codes.

Within the single-storey development area, at the rear, the location of the garage is determined by the location of the constructed vehicle crossover to each lot. Single storey parapet walls are permitted on that side. Any additional building within the single-storey development area is subject to individual Council assessment.

1.3. Rear setbacks

No two storey structures are permitted within the 12 metre rear development area indicated in Figure 1 above.



2. BUILDING HEIGHT

2.1. Height limits generally apply as for the R-Codes (5.1.6 C6, Categories A and B in Table 3). However, within the 12 metre setback area, boundary walls will be limited to a maximum height of 3 metres.

Notes:

Lofts/studios for the main residence are permitted within the above height parameters, subject to any openings complying with the privacy provisions of the R-Codes (5.4.1).

To promote activity at the rear of the lots, the provision of living space within the roof space (loft) above the garage will be encouraged (refer to Figure 4 above). Windows and balconies with outlook to the rear will add to the activity and security in this area.

Adopted: 26 May 2009


71 3. Residential Zones: Use and Development 3.5. Home Occupations

Policy 3.5: Home Occupations

INTRODUCTION

Working from home is now acknowledged as a widely accepted practice in today’s workforce. Not only has it become increasingly common, changes in the traditional organisation of work, coupled with dramatic advances in communications and computer technology, have made it more possible and it is therefore quite reasonable to assume that the number of people wanting and able to work from home is likely to continue to increase in the future.

However, there needs to be recognition that while some home based employment is acceptable within a residential environment, there are limits on the compatibility of home occupations with residential uses. Some degree of control is therefore necessary to protect the character and amenity of residential neighbourhoods.

DEFINITION

Home occupation means the carrying on of any business, profession or trade carried out by the owner or occupier of a residential property, whether carried out as the principle means of income of the owner or occupier or not, conducted in a dwelling or within the boundaries of the lot upon which a dwelling is constructed but does not include the sale or hire of any goods.

AIMS

To provide guidelines for the use of residential properties for home occupations, so as:

to ensure that the home occupation does not have a prejudicial affect on the amenity of the locality and residential neighbours in particular;

to protect the character of the locality; and

to ensure that the use of land for any home occupation is small in scale, unobtrusive and compatible with surrounding buildings and uses.

POLICY

1. All home occupations shall comply with the following requirements:

(a) be conducted within a dwelling where the predominant use of the building is a domestic residence;

(b) incorporate provisions for the parking of all vehicles associated with the home occupation within the lot boundaries;

(c) be conducted in such a manner that the building and lot retain the appearance of a domestic dwelling;

(d) be restricted to operating only within the hours as required by Council, where such a condition is included in the planning approval; and

(e) the applicant must be the permanent resident residing on a regular basis on the residential property used for the purpose of a home occupation.



2. A home occupation shall not:

(a) entail more than one (1) customer or client on the premises at any one time;

(b) entail more than four (4) customers or clients per day;

(c) operate or conduct business in any manner whatsoever outside the hours of 7.00 am to 7.00 pm Monday to Friday, including public holidays;

(d) require the use or impose a load on any public utility greater than that ordinarily required by a residential dwelling;

(e) involve the service or repair of any motor vehicle or other engine;

(f) involve the storage or use of chemicals, gases or hazardous materials;

(g) involve any activity which, in the opinion of Council, will adversely affect the amenity of the neighbourhood through emission of light, noise, fumes, odours, dust, vibration, smoke, vapours, electrical interference, waste water or any waste products;

(h) generate any vehicular traffic which, in the opinion of Council, is substantially greater than that which is normal to the residential neighbourhood in which it is located;

(i) entail the outdoor storage of materials;

(j) employ no other person unless that person is an occupant of the dwelling and in any event no more than one employee;

(k) involve the parking on the land of any vehicle to be used in connection with the home occupation unless the vehicle is not more than 6 metres long, 2 metres wide and 2.3 metres high and cannot be seen from any street when parked;

(l) involve the placement on the land of any advertisements, advertising hoarding, illuminated sign or other advertising device or erection that exceeds 0.2m2 in area and is for no other purpose than to describe the nature of the home occupation;

(m) use for the purposes of the home occupation an area greater than 30m2;

(n) involve the penetration of skin (including body piercing, tattooing and electrolysis) which has specific health requirements that require monitoring and regulation. Due to the difficulty of operating such uses in residential zones, and the health risks posed as a result, such uses will not be approved in residential zones;

(o) in the opinion of Council by reason of its nature or scale, constitute a use that would be more appropriately located in a zone other than a residential zone;

(p) entail regular deliveries of supplies, goods or equipment to the premises and any deliveries or service vehicles, specific to the home occupation, servicing the site should not exceed one (1) visit/delivery per month; and

(q) involve the storage, preparation, handling or packing of food.



3. Council’s planning approval is not required where all of the following are complied with:

(a) the home occupation comprises a business office no greater than 20 square metres;

(b) no clients or customers travel to and from the premises in relation to the business;

(c) no staff other than the occupier(s) of the dwelling travel to and from the premises in relation to the business;

(d) there is no advertising on the site;

(e) there are no deliveries of goods or equipment to the premises; and

(f) the business will not adversely affect the amenity of the residential neighbourhood through emission of light, noise, fumes, odours, smoke, vapours, dust, vibration, electrical interference, waste water or any waste products.

4. Where an application for planning approval for a home occupation is received, Council shall seek the comments of the owners and occupiers of surrounding properties prior to determination of the application.

5. An applicant who has been granted an approval for a home occupation may only carry out that use at the premises in respect of which the approval was granted. Approvals may be revoked in accordance with clause 46 of the Town Planning Scheme where, in the opinion of Council, it either fails to comply with conditions of approval or is causing an unreasonable nuisance or annoyance to neighbours or occupiers of land in the neighbourhood. Not transferrable.

6. The Council shall have regard to and may apply conditions of planning approval relating to matters such as the hours and days of operation, number of clients/customers to the site, deliveries, advertising signs and other matters pertaining to the operation and activities of the home occupation. The applicant shall also be advised that any alterations to the specified operations or activities of the home occupation may require separate approval by Council.

7. In order to comprehensively assess a home occupation application the Council will require the completion, in writing, of a home occupation questionnaire (available from Council’s Planning Services and at www.cambridge.wa.gov.au). This requirement is in addition to the submission of an application for planning approval.

Adopted: 24 June 2008

http://www.cambridge.wa.gov.au/


74 3. Residential Zones: Use and Development 3.6. Bed and Breakfast Accommodation

Policy 3.6: Bed and Breakfast Accommodation

INTRODUCTION

Bed and breakfast accommodation offers alternative accommodation options for travellers, generally provided within an operator’s primary residence in a residential area and in some instances, purpose designed dwellings. Whilst such a use can be considered as a home occupation as allowed for in Town Planning Scheme No.1, there needs to be a recognition that there is potential for a residential property used for this purpose to be incompatible with the surrounding land uses and development. It is considered therefore, that additional guidance and controls to those provided for within Policy 3.5: Home Occupations are necessary, that more specifically address the particular requirements of bed and breakfast operations.

Council will adopt a conservative approach in the assessment of applications for the establishment of bed and breakfast accommodation, in recognition of the potential impacts emanating from such uses. Approval will not necessarily be granted on the basis of complying with the individual provisions of the policy.

For the purposes of assessment under the Town Planning Scheme, applications for bed and breakfast accommodation will be assessed as home occupations.

DEFINITION

Bed and breakfast means the use of a dwelling by a resident of the dwelling, to provide accommodation for persons away from their normal place of residence on a short-term commercial basis and includes the provision of breakfast.

AIMS

To identify those circumstances in which applications for bed and breakfast accommodation will be considered for approval.

To provide guidance for those persons planning the location and operation of bed and breakfast accommodation within the Town.

To provide guidelines for the establishment and operation of bed and breakfast accommodation so as to ensure the activity does not have a prejudicial affect on the amenity of adjoining properties in the locality.

POLICY

1. Application detail

Planning approval is required for bed and breakfast accommodation. An application for planning approval in accordance with Scheme requirements is required to be submitted which shall include a completed application form signed by the landowner(s), three copies of the site plan and a floor plan, showing parking areas and areas of the dwelling which are to be used for bed and breakfast accommodation.

Additionally, an ‘Application for Approval of Certain Food Handling Activities in a Residential Premises’ will be required to be submitted to satisfy Health Regulations. This application is available from Council’s Environmental Health Services.



2. Suitable locations for bed and breakfast accommodation

It is likely that applicants will seek to establish operations in residential areas, however, this does not preclude applications being considered in other areas. In general, the Council does not support the establishment of linear or cluster development of this type.

It is envisaged that Council will receive very few applications for bed and breakfast accommodation. It is on the basis of this expectation that Council is prepared to make allowances for such a use in its Town Planning Scheme. Consequently, the Council expects that bed and breakfast accommodation will only occur in isolated incidences. Concentrations of bed and breakfast accommodation (or indeed more than one) in any one particular residential locality will not be favoured.

Council will have regard at the very least to comments from neighbours in the immediate street block and this will be an important determining factor.

Bed and breakfast accommodation will not be supported in multiple or special purpose dwellings. Applications within grouped dwellings will only be supported if the applicant can provide justification for this and the consenting signatures of all strata owners and/or the body corporate can be obtained.

3. Number of persons

The maximum number of persons occupying a bed and breakfast accommodation must not exceed four (4) persons accommodated in two (2) rooms. This does not include permanent residents or rooms used by permanent residents of the dwelling.

4. Parking and site requirements

Generally, it would be desirable to provide sufficient carparking on site to accommodate one bay, per bedroom, being used for bed and breakfast purposes, in addition to the normal Scheme and Residential Design Codes requirements for parking.

Consideration will be given to the existing site conditions and surrounds and the impact of additional on-site parking. The Town will have regard for existing development provisions contained within the Residential Design Codes and the Council’s residential policies when considering the provision of additional parking spaces.

The provision of on-site parking, while desirous, will not be a sole determining factor in the acceptability of applications, as in certain instances there may be suitable alternative locations for parking available or access to public transport.

5. Neighbour comment

All applications for bed and breakfast accommodation shall be required to be advertised to all adjoining and opposite landowners and a sign (to Council specifications) notifying the intention of the proposed land use will be required to be placed on site for a minimum period of 14 days.



In seeking comment on individual applications, consideration will be given to the nature of a submission and in the case of an objection being received, how the use may directly affect the adjoining property. Should objections be received, the matter will be presented to Council. Each application will be dependent on the merits of the proposal and any comments received during the comment and/or advertising period.

6. Approval applies to applicant (does not apply to the land)

Approval of a bed and breakfast accommodation use is not transferable between owners or to subsequent owner(s) of a property or other properties.

7. Revocation of planning approval

If in the case of a planning approval granted for bed and breakfast accommodation, if a notice served under clause 55(3) of the Town Planning Scheme is not complied with, the Council may, without further notice to the owner or occupier, revoke its planning approval.

In addition to non-compliance with the planning approval issued, planning approval can also be revoked on the basis of excessive and undue noise and anti-social behaviour emanating from the use of the premises.

8. Advertising signage

The property is restricted to one advertising sign with a maximum size of 0.2m2.



77 3. Residential Zones: Use and Development 3.7. Child Day Care Centres

Policy 3.7: Child Day Care Centres

INTRODUCTION

Child day care centres are becoming an increasingly important service to families in which parents work outside the home, and there is a need to provide for these services in convenient locations close to either homes or to centres of employment, in surroundings which are both safe and enjoyable for the children.

Accordingly, the Town Planning Scheme provides for child day care centres as a discretionary use in all zones, although applications are to be advertised under the ‘SA’ procedures within Residential and Residential/Commercial zones (refer to Policy 2.3: Public Notification and Advertising Procedures). It is recognised however, that the majority of proposals for child day care centres are likely to be in residential areas.

Up to four children may be cared for in a private dwelling as a Child Family Care Centre, which does not require formal planning approval, being a ‘P’ (ie. permitted) use in a Residential zone (refer to Policy 2.1: Minor Use and Development Exempt from Planning Approval). These centres are subject to licensing by the Child Care Services Board, which is responsible for administering the regulations governing staffing, safety and the children’s welfare.

DEFINITION

Child day care centre means any land or buildings used as a day care centre for the daily or occasional care of more than four children in accordance with the Community Services (Child Care) Regulations 2006.

AIM

To provide guidance for the location, siting and design of child day care centres, and to ensure as far as practicable, that such development is compatible with surrounding development and provides a safe and pleasant environment.

POLICY

In considering applications for child day care centres, Council shall take into consideration the following criteria:

1. Location

Centres are encouraged to locate near commercial, community or recreational areas and near distributor roads which have the capacity to accommodate any additional traffic generated by a child day care centre.

2. Site characteristics

The site should be of a regular shape with a minimum lot area of 1,000m2.


78 3. Residential Zones: Use and Development 3.7. Child Day Care Centres

3. Amenity

The building is to be domestic in design and appearance with a maximum site coverage of 50%, if located in a residential area.

In order to minimise potential noise impact on surrounding properties, Council will require:

the erection of suitable fencing; and

the location of outdoor play areas away from adjoining noise-sensitive premises, such as dwellings and nursing homes.

4. Operating times

The hours of operation are to be limited to between the hours of 7.00 am and 7:00 pm weekdays and 8:00 am and 1:00 pm Saturdays.

5. Parking

On-site parking is to be provided in accordance with Policy 5.1: Parking. Where car parking is provided between the building and street alignment(s) a minimum 1.0 metre wide landscaping strip is to be established and thereafter maintained along the street alignment(s). Suitable barriers shall be provided to protect the fencing of any properties situated adjacent to any parking areas.

6. Traffic management

A traffic impact assessment will be required to be submitted. The assessment should address:

(a) the site characteristics and surrounding area;

(b) the proposal and its expected trip generation;

(c) parking requirements, including the design of parking areas, and any pick-up and drop-off facilities;

(d) existing traffic conditions and any future changes expected to the traffic conditions;

(e) current road safety conditions, including an accident history in the locality; and

(f) the expected impact of the proposed development on the existing and future traffic conditions.

A child care centre should be approved only if it can be demonstrated that it will have a minimal impact on the functionality and amenity of an area and will not create or exacerbate any unsafe conditions for children and families using the centre, or for pedestrians or road users.



79 3. Residential Zones: Use and Development 3.8. Local Shops

Policy 3.8: Local Shops

INTRODUCTION

A local shop is classified under the Town Planning Scheme as a ‘SA’ use in a Residential zone (refer to Policy 2.3: Public Notification and Advertising Procedures). While there has been little demand in the recent past for such development outside commercial centres, the Scheme recognises there may be sites within the Residential zones where such services may be appropriate. However, in designating such development as a ‘SA’ use the Scheme also recognises the need for community consultation and the potential for incompatibility with adjacent residential development, as well as the potential unsuitability of some sites for other reasons.

DEFINITION

Local shop means a shop in which the only goods offered for sale are a combination of foodstuffs, toiletries, stationery, or goods of a similar domestic nature intended for the day to day consumption or use by persons living or working in the locality of the shop, and may include the preparation and sale of food for consumption on the premises where this is incidental to the predominant use of the land.

AIM

To provide guidance on the siting, location and development of local shops, which may be appropriate within Residential zones.

POLICY

In considering an application for a local shop in a Residential zone, the Council shall take into consideration the following criteria:

1. Retail impact

Where there are existing local shopping facilities within the vicinity (2 kilometres) of the site, the Council will have regard to the impact of any additional shopping facilities on the existing outlets and will take into consideration the need for additional shops.

2. Traffic and access

Local shops should be situated on a local distributor road, from which vehicular access can be gained without significant disruption to the safety and free flow of traffic. Unless on-street parking can be provided without affecting the safety and amenity of the area, off-street parking should be provided with direct access from the street, and so located and designed to encourage its use in preference to on-street parking (refer to point 4 below).

3. Pedestrian access

Local shops should be located so as to enable safe and convenient access by pedestrians and cyclists from the surrounding area. In general this would preclude sites on or adjacent to major traffic thoroughfares where pedestrians and cyclists are likely to be encouraged to cross the road, thereby increasing the potential for traffic accidents. For the purposes of this policy, it is assumed a local shop would have a pedestrian catchment of 800 metres.


80 3. Residential Zones: Use and Development 3.8. Local Shops

4. Parking

Parking shall be provided in accordance with Policy 5.1: Parking, and where parking bays are to be provided off-street, a landscaping strip with a minimum width of 1.0 metre shall be provided and maintained between the parking area and the street alignment(s). Suitable barriers shall be provided to protect the fencing of any properties situated adjacent to any parking areas.

5. Scale of retail outlet

In considering the size of any local shop, the likely demand for services in the location proposed shall be taken into account, but generally the net lettable area of the shop shall not exceed 100 m2.



81 3. Residential Zones: Use and Development 3.9. Commercial Vehicle Parking

Policy 3.9: Commercial Vehicle Parking

INTRODUCTION

While the parking of commercial vehicles is not explicitly dealt with under the Town Planning Scheme, it is recognised as a legitimate use of residential land, provided the nature and use of the vehicle is compatible with the residential area in which it is proposed to be parked. This will depend on such factors as the size of the vehicle, where it is parked, the goods carried, noise emission, and the times during which it operates.

DEFINITION

Commercial vehicle means a vehicle whether licensed or not and which is used in conjunction with a trade or profession and shall include trailers, tractors and their attachments, buses and earthmoving machines whether self propelled or not but shall not include a passenger car derivative as defined by the Vehicle Sales Regulations 1976 (as amended), a van, utility or light truck which is rated by the manufacturer as being suitable to carry loads of up to 1.5 tonnes.

AIM

To provide guidance on the circumstances in which the parking of commercial vehicles is acceptable within residential areas, and the limitations applicable to such parking.

POLICY

1. Except as otherwise provided for, the parking of commercial vehicles shall conform with the following requirements:

(a) no more than one commercial vehicle may be parked on any residential property, and any such parking shall be restricted to a vehicle owned or operated by the occupier of the residential premises on which it is parked;

(b) a commercial vehicle may only be parked within the boundaries on a site which is occupied by a single house and which has an area of at least 500m2 with suitable off-street parking areas to accommodate the commercial vehicle and at least one standard car park in addition to the parking area for the commercial vehicle;

(c) the maximum size of a commercial vehicle permitted to be parked on a residential site is 2.0 metres in height, 2.0 metres in width and 8.0 metres in length. These limits are to include any loads and/or attachments associated with the commercial vehicle;

(d) any storage of goods or materials on site shall be in accordance with the requirements of any written law, and any licences required by such law;

(e) no vehicle which is designed or operated as a tow truck or other emergency vehicle shall be parked on site; and

(f) no deliveries of goods or materials to the site in relation to the commercial vehicle shall be permitted.


82 3. Residential Zones: Use and Development 3.9. Commercial Vehicle Parking

2. A vehicle shall be considered to be parked on a residential property for the purposes of this policy, if it remains on the property for more than one hour in aggregate in any 24 hour period unless the vehicle is being used in connection with authorised construction work on the site.

3. Upon application, the Council may approve a departure from any or all of the foregoing standards and requirements, where it is satisfied that the objectives of the Scheme will not be compromised and in particular that the amenity of the area will be adequately protected. Prior to its determination of any application for departure in accordance with this policy, the Council shall consult with the owners and occupiers of any potentially affected residential properties, and shall give due consideration to any comments received in deciding whether or not to approve the application and the conditions if any which should apply to any such approval.

4. Any approval to a departure from the standards and requirements in this policy shall be personal to the applicant and may be limited as to its duration. Conditions may also be imposed on the hours during which the vehicle may be parked and/or moved to and from the premises, so as to ensure adequate protection of the amenity of adjacent residential properties.



83 3. Residential Zones: Use and Development 3.10. Non-Residential Development in Residential Areas

Policy 3.10: Non-Residential Development in Residential Areas

INTRODUCTION

The Council recognises that in certain circumstances non-residential uses can co-exist with residential development and be accommodated in residential areas without adversely affecting residential amenity. A range of such uses is provided for under the Town Planning Scheme, and some of these are subject to separate policies. The purpose of this policy is to provide general guidance and development standards applicable to non-residential development in residential areas if not stipulated in another policy.

AIM

To ensure that non-residential development in residential areas is compatible with adjoining residences, and does not detract from the amenity of adjacent residential areas.

POLICY

1. Non–residential development in a Residential zone may only be permitted where the nature of the non-residential use will not cause undue conflict through the generation of traffic, demand for parking or the emission of noise or any other form of pollution or activity which may be undesirable or incompatible with residential uses.

2. Non-residential development in a Residential zone is required to comply with the setback and plot ratio development standards for grouped dwellings of the relevant residential density code under the Scheme. For the purposes of this policy, a major opening is a window, door or other opening which can affect the privacy of nearby residences or future residences. For the purpose of this policy, a plot ratio of 0.4:1 shall apply in the Residential R12.5, R20, R30 and R40 coded areas.

3. A minimum of 25% of the site area, including front setback areas which are not required for car parking and access, shall be landscaped to the satisfaction of the Council. Such landscaping shall include a minimum 1.0 metre wide strip between any on-site car parking areas and the street alignment(s).

4. Where car parking or vehicular accessways are already provided in the vicinity of adjacent residential properties or cannot be (re)located elsewhere, suitable barriers shall be provided to protect boundary fencing, which may be required to be upgraded to protect the amenity and/or privacy of such properties.

5. In its determination of any application for non-residential development in a Residential zone, in addition to any other powers provided for under the Town Planning Scheme, the Council may impose conditions designed to minimise the impact on residential amenity, including limiting the scale of the development and restricting the times during which the non-residential activity may be undertaken.

6. In preparing an application for planning approval for non-residential development in a Residential zone, particular regard should be had for the policies contained in Sections 5 and 6 of this policy manual.



84 3. Residential Zones: Use and Development 3.11 Aged and Dependent Person's Dwellings

Policy 3.11: Aged and Dependent Persons’ Dwellings

INTRODUCTION

Population trends and forecasts show a growing proportion of aged persons in the Perth Metropolitan Area which is also reflected in the Town of Cambridge community. As a result there is a growing need to provide opportunities for dwellings which are suitable for the aged, which may include smaller dwellings. There is also a range of accommodation requirements among the aged as well as dependent persons, reflecting diverse social and recreational activities they may partake in, family relationships and health and care needs. Whilst retirement villas may provide one form of suitable aged care accommodation, aged and dependent person dwellings provides an alternative for dwellings and independent living arrangements in a variety of locations.

The provisions for the development of aged and dependent persons’ dwellings are contained in 5.5.2 of the Residential Design Codes of Western Australia. This policy builds on these provisions, to support the provision of aged and dependent persons' dwellings across the Town by reducing the number of dwellings required in a group in order to receive a minimum site area concession by one third from five dwellings as is provided for under the Residential Design Codes to two dwellings.

DEFINITION

The definitions of "aged person" and "dependent person" are as per definitions in the Residential Design Codes.

AIMS

To support the provision of a variety of small scale housing for the growing population of aged and dependent persons in a variety of locations over the Town.

To provide additional opportunities for the elderly to stay in their local area and maintain access to existing social and family networks.

To support the provision of dwellings which are specifically designed to suit the physical needs of aged and dependent persons whilst maintaining opportunities for independent living.

To increase flexibility in the size, design and location of aged or dependent persons' dwellings development and better integrate aged or dependent persons' dwellings into residential areas and the broader community.

POLICY

1. Composition of development

(a) Council will consider applications for aged or dependent persons’ dwellings:

where at least two such dwellings within any single development are proposed; or

where one such dwelling is proposed in addition to an existing dwelling(s).


85 3. Residential Zones: Use and Development 3.11 Aged and Dependent Person's Dwellings

(b) Aged or dependent persons’ dwellings may be in the form of single, grouped or multiple dwellings comprising the whole of a proposed development; or part of a proposed development or in combination with other dwellings which have no occupancy restrictions.

(c) Where aged or dependent persons’ dwellings are proposed in combination with other dwellings which have no occupancy restriction, site area concessions will only apply to the aged or dependent persons dwelling component of the development.

2. Density bonus for aged or dependent persons’ dwellings

1. In accordance with 5.5.2 C2.1(i) of the Residential Design Codes a reduction in the site area per dwelling may be considered, up to one third of the site area requirement, where at least two such dwellings within any single development are proposed.

3. Occupancy

As per 5.5.2 C2.4 of the Residential Design Codes;

(a) At least one occupant is a disabled or physically dependent person or aged person, or is the surviving spouse of such a person, and the owner of the land, as a condition of planning approval, lodging a section 70A notification on the certificate of title binding the owner, their heirs and successors in title requiring that this occupancy restriction be maintained.

Adopted: 26 February 2013


86 3. Residential Zones: Use and Development 3.12 Parkside Walk, Jolimont

Policy 3.12: Parkside Walk, Jolimont (Design Guidelines)

INTRODUCTION

These design guidelines are adopted as a local planning policy under Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015. They have been prepared to satisfy Part 1 of the adopted Outline Development Plan (ODP) for Lot 520 Salvado Road, Jolimont (former Nursery Site, to be developed as 'Parkside Walk').

These design guidelines vary and/or amend the development provisions set out in the Residential Design Codes of Western Australia or local planning policies.

AIMS

The vision for Parkside Walk is:

“To transform a once hidden pocket of Jolimont into a vibrant inner city community in a parkland setting. A new place which is integrated into the surrounding neighbourhood structure and enhances connections by linking green spaces and amenities.”


This policy applies to development in the former Nursery Site, Lot 520 Salvado Road, Jolimont, to be developed as Parkside Walk.


These design guidelines should be read in conjunction with the R-Codes. The standards contained herein replace or amend the following deemed-to-comply provisions of the R-Codes:

Part 5 of the R-Codes Part 6 of the R-Codes

Street setback 5.1.2 6.1.3

Lot boundary setback 5.1.3 As per R-Codes

Open space 5.1.4 As per R-Codes

Building height As per R-Codes 6.1.2

Setback of garages and carports 5.2.1 Not applicable

Street surveillance 5.2.3 6.2.1

Street walls and fences 5.2.4 6.2.2

Outdoor living areas 5.3.1 6.3.1

Parking 5.3.3 6.3.3

Solar access for adjoining sites Not Applicable - controlled through 5.1.3

As per R-Codes

Ancillary dwellings 5.5.1 Not applicable

Where no reference is made to particular design elements, the relevant provisions of the R-Codes or local planning policies shall apply.

Where any conflicts arise, the provisions of these design guidelines shall prevail.



Where the development does not satisfy the provisions of these design guidelines, the relevant design principles of the R-Codes or local planning policies apply.

RELATIONSHIP WITH OTHER STRATEGIES AND POLICIES

These Design Guidelines should be read in conjunction with the adopted ODP. Where any conflicts arise, the provisions of the Design Guidelines shall prevail.

Where no reference is made to particular development control aspects, the relevant Local Planning Policy shall apply. The provisions of Precinct Policy 6.4 also apply to ‘Restaurant’ uses within the ODP area.

DEFINITIONS

For the purpose of the design guidelines, the following definitions apply. For any other definition, the R-Codes definitions apply.

Architectural feature:

A unique ornamental or functional embellishment that accents and complements the building design such as a parapet or gable treatment, awnings, or artwork.

Built form:

The architectural style of a building in terms of height, lot coverage, street setbacks and its articulation.

Character:

The look, feel and building style of a location or place comprising elements such as residential density, landscaping, building materials and features.

Private courtyard:

An outdoor living area at ground level or above a structure. e.g. a podium that is open to the sky.

Deep soil zone:

Areas of natural ground with relatively natural soil profiles retained within a development.

Double garage:

A garage which is greater than 3.0m in width as measured parallel to the street frontage, including doors and supporting structures.

Façade:

The external face of a building.

Landscaping:

Land developed with garden beds, ground covers, shrubs and trees, or by the planting of lawns, and includes hardscape features such as gravelled or pebble areas and ornamental ponds but excludes swimming pools, pavement, or any other non-vegetative objects.

Open space:

Generally that area of a lot not occupied by any building including open areas of accessible roof utilised for active or passive recreation, outdoor living areas above natural ground level, roofed structures such as verandahs and patios, and unroofed open structures such as pergolas, but excludes all car parking, access ways, outbuildings, plant rooms and the like.

Public open

space:

Land used for a public park, public gardens, foreshore reserve, playground or other grounds for recreation which are normally open to the public without charge.

Public realm:

The public space including public open space, streets, footpaths, parks, gardens, etc which are normally open to the public without charge.



1. PRECINCT DEVELOPMENT PROVISIONS

The following provisions are applicable to the four precincts of the ODP area (see Figure 1 below). The design of individual precincts and lots must be responsive to neighbouring lots, the existing context and the surrounding public realm.

Figure 1: Four precincts of the ODP area

N



1.1 Northern Precinct Plan

The Northern Precinct, bound by Salvado Road to the north and the Wembley Sports Park to the west, is to present a ‘transition zone’ between the existing low scale residential development to the north and the medium density development within the ODP area.

Design elements

Key design elements to be achieved by development shall include:

(a) direct pedestrian access from ground level dwellings to Salvado Road and Public Open Space Area 1;

(b) communal and/or private open space (e.g. courtyards) to address Salvado Road;

(c) visually permeable fencing to Salvado Road;

(d) an active ground floor interface to ensure a high level of surveillance to Public Open Space Area 1;

(e) additional height (up to six storeys) adjacent to Public Open Space Area 1; and

(f) a strong sense of arrival from Salvado Road into the north-east corner of the Precinct.

Setbacks and height

Min setbacks Max height

Salvado Road Lower levels (1-3 storeys):

1st storey: 5.0m to building with a

2.0m wide strip adjacent to the street being landscaped

1

2nd

-3rd

storey: 5.0m 10.8m

Upper levels (4-6 storeys):

4th storey: 10.0m 14.4m

5th-6

th storey: 20.0m 21.6m

Access Street C (Wembley Sports Park access road)

Lower levels (1-3 storeys): 2.0m 10.8m

Upper levels (4-6 storeys): 4.5m 21.6m

Public Open Space Area 1



Notes: 1: No fencing permitted within the Salvado Road landscape setback area



Plot ratio

Plot ratio to be a maximum of 2.0.

Precinct dwelling yield

Minimum: 50 dwellings

Maximum: 137 dwellings

Refer to Section 3 ‘Target Dwelling Yield Plan’ of this policy for minimum and maximum dwelling yields per individual site.

Open space

Combined communal open space and private open space, excluding balconies, to be a minimum of 25% of the lot area.



1.2 Central Precinct Plan

The Central Precinct should demonstrate design excellence and deliver high quality and innovative medium and high density built form outcomes.

Design elements


(a) respond to the amenity of the surrounding Public Open Space through habitable room and private open space/ balcony orientation;

(b) direct pedestrian access from ground level dwellings to Public Open Space Area 1;

(c) an active ground floor interface to ensure a high level of surveillance to Public Open Space Area 1; and

(d) a strong sense of arrival from Salvado Road into the north-east corner of the Precinct.

Setbacks and height


Access Street B Lower levels (1-3 storeys): 2.0m 10.8m


Public Open Space Area 1





Plot ratio






Open space




1.3 Mabel Talbot Precinct

The Mabel Talbot Precinct should respond, and be sympathetic, to its adjacent public open space areas. Development fronting public open space is to engage through active interfaces, providing passive surveillance to the public realm, whilst maximising amenity opportunities to the precinct residents.

Design elements


(a) respond to the amenity of Henderson and Mabel Talbot Parks through habitable room and private open space/ balcony orientation;

(b) direct pedestrian access from ground floor dwellings to the surrounding Public Open Space is encouraged;

(c) communal and/or private open space (e.g. courtyards) to address Henderson and Mabel Talbot Parks;

(d) visually permeable fencing to Henderson and Mabel Talbot Parks;

(e) an active ground floor interface to ensure a high level of surveillance to Henderson and Mabel Talbot Parks; and

(f) additional depth to balconies where abutting Henderson Park and Mabel Talbot Park to ensure greater privacy for both the dwelling and park users.

Setbacks and height


Henderson Park Lower levels (1-3 storeys): 4.0m 10.8m


Mabel Talbot Park 11 Lower levels (1-3 storeys): 8.5m 10.8m


Access Street B and D



Notes: 1: Mabel Talbot Park setback may be subject to a reduction of 4.0m, at the discretion of

the Department of Parks and Wildlife (or successor) for development within the Mabel Talbot Lake 50m wetland buffer. All development within the Mabel Talbot Park setback is at the discretion of Department of Parks and Wildlife (or successor.

Plot ratio






Open space


HE

ND

ER

SO

N

PA

RK



1.4 Southern Precinct

The Southern Precinct provides for a ‘transition zone’ between the existing low scale residential development located to the south of the ODP area. Passive surveillance to the southern public access way is encouraged through the provision of balconies to upper floors fronting Primary Streets.

Solar orientation is a key consideration with a northern side setback applicable to east- west orientated lots, to ensure adequate solar access is provided.

Setbacks and height


Access Street B and D and Public Open Space 3

2.0m 2 storeys (metres as per R-Codes)

Laneway1 1.0m 3 storeys

(metres as per R-Codes)

Side boundary

Lower level:

Nil

(2.0m to northern boundaries in the case of east-west orientated lots)

2

2 - 3 storeys as per above

Upper level:

As per R-Codes

Notes: 1: Three storey elements in the form of a loft space may be considered to the rear of lots

2: Nil side set back applies to the ground floor for the first 30% of the northern lot

boundary, with a 2.0m side setback applicable to the balance 70% of the northern boundary.



Plot ratio


Ancillary dwellings

Ancillary dwelling associated with a single house and on the same lot where:

(a) the lot is not less than 250m2 in area;

(b) parking provided in accordance with Clause 5.3.3 C3.1 of the R-Codes; and

(c) complies with all other R-Code provisions, only as they apply to single houses, with the exception of clauses:

I. 5.1.1 Site area;

II. 5.2.3 Street surveillance; and

III. 5.3.1 Outdoor living areas.

Laneway surveillance

A minimum of one major opening to be provided per habitable room fronting laneways.

Open space

Open space provision to be a minimum of 30% of the lot area.



2. GENERAL DEVELOPMENT PROVISIONS

The following provisions apply to all single and multiple dwellings within the ODP area.

2.1 Single dwelling lots

2.1.1 Public realm surveillance

Development is encouraged to provide passive surveillance through the provision of balconies facing the primary street.

2.1.2 Fences and retaining walls

Uniform estate fencing shall not be modified and must be maintained as visually permeable by all future landowners.

Structural upgrade to existing retaining walls is subject to Council approval.

Certification of load bearing walls must be obtained from an independent practising Structural Engineer in relation to the final dwelling proximity to retaining wall/s.

2.1.3 Outdoor living areas

Outdoor living areas must be provided for each residential dwelling, directly accessed from a habitable room, and shall be a minimum total area of 25m2 with a minimum dimension of 5.0 metres.

Balconies must be contained within the lot boundary.

2.1.4 Access

Pedestrian access to laneways from lots shall be provided.

A single (maximum 6.0m wide) point of vehicle access is to be provided to each lot.

2.1.5 Car parking

Garages to be 6.0m maximum in width.

Carports are not permitted.

All other parking standards as per the R-codes.

2.1.6 Stormwater

All 1:10 year stormwater volumes shall be contained within each lot.

2.2 Multiple dwelling lots

2.2.1 Public realm surveillance

Blank walls, vehicle access and building services (e.g. bin store, booster hydrant) may not exceed 20% of the total lot frontage to the public realm at ground level.

Where applicable, for lots that directly abut public open space development is encouraged to respond through the placement of



communal and private open space, which is accessible from, or provides a direct visual connection to these areas.

Balconies are to be provided for all dwellings fronting the public realm.

2.2.2 Fences and retaining walls

Fencing is to be visually permeable to the street, public open space and other lots with a visually permeable to solid ratio of no less than 4:1 and a maximum height of 1.8m.

Solid fencing and/or walls may be permitted along boundaries to screen utilities and/or service infrastructure at the determination of the Town.

Fences and retaining walls are to be constructed in materials consistent with the building.

2.2.3 Outdoor living areas

Outdoor living areas must be provided for each residential dwelling, and directly accessed from a habitable room, and with minimum total area of 15m2 with a minimum dimension of 3.0 metres for private courtyards.

Balconies to be in accordance with the R-Codes and contained within the lot boundary subject to setback requirements under 2.2.5.

Balconies are encouraged to be located on the north side of buildings to maximise winter sunlight and assist with cross ventilation.

2.2.4 Landscaping

A minimum combined communal open space and private open space (excluding balconies) of 25% of the lot area shall be provided for all developments and shall incorporate all of the following design elements:

direct interface with, and access to, existing and proposed public open space areas;

support a rich variety of planting type and size, including natives and water wise species;

incorporate mature tree planting and structures to provide appropriate shade;

provide creative and green screening of parking areas, communal drying areas, swimming pools and private courtyards;

limit the area of impermeable paved zones; and

provide a minimum 25% of the combined communal open space and private open space (excluding balconies) as deep soil zones within consolidated areas.

Landscape Buffer to Salvado Road:

2m landscape buffer to Salvado Road to comprise of low planting no higher than 0.75m.

A Landscape Management Plan to be prepared and implemented to the satisfaction of the Town of Cambridge.



2.2.5 Minor incursions in street setback

Open-style balconies (apart from those facing Salvado Road), verandahs and other minor incursions such as porches, porticos, eaves, and other architectural features, may project into the setback area as applicable to that level, for a maximum of half of the minimum setback requirement.

Balconies to Salvado Road may only extend 3m into the setback as applicable to that level.

Balconies may be roofed.

2.2.6 Access

All building entrances are to be clearly defined, safe and well lit.

Buildings are to use architectural features to establish visually distinct pedestrian access points.

Pedestrian access to public open space from lots shall be provided.

A single (maximum 6.0m) point of vehicle access is to be provided to each lot.

Car park entries, service areas and bin refuse collection points shall be integrated into the development of each lot and screened from view.

2.2.7 Car parking

Parking facilities shall be sleeved or screened from view.

Pedestrian access to underground parking shall be provided within buildings and not within the public realm.

Visitor parking is to be provided at a rate of one (1) bay per eight (8) dwellings for all multiple dwelling lots.

All other parking standards as per the R-codes.

2.2.8 Waste management

Waste collection areas shall be located and designed so they are not visible from the public realm.

Waste collection areas shall be generally located behind the primary building line, incorporated into the building for all multiple dwelling lots and screened from public view with a quality material, compatible with the building design.

Waste collection areas (including vehicle clearances) are to be provided to the satisfaction of the Town of Cambridge.

2.2.9 Stormwater

All 1:100 yr stormwater volumes shall be contained within each site.



3. TARGET DWELLING YIELD PLAN

Development shall be in accordance with the minimum and maximum dwelling yields identified in Figure 2 below.

Where sites are amalgamated, development shall be in accordance with the Precinct Dwelling Yield provisions under Section 1 'Precinct Development Provisions' of these guidelines.

LEGEND - 12D Min/ 42D Max - Minimum Dwelling Yield / Maximum Dwelling Yield

Figure 2: Minimum and maximum dwelling yields for individual sites

Adopted: 15 December 2015


101 3. Residential Zones: Use and Development 3.13 St John's Wood, Mt Claremont

Policy 3.13 : St John's Wood, Mt Claremont

INTRODUCTION

This policy is adopted as a local planning policy under Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015. It covers specific issues relating to the residential development at St John's Wood, Mount Claremont for those matters not otherwise covered by the Town's residential policies or the Residential Design Codes of Western Australia.

The policy will guide future development within the subject area.


This policy applies to development in Lot 13409 (No. 2) Rochdale Road, Mount Claremont to be developed as the St John's Wood residential estate. (See Insert A and Figure 1 below).



AIMS

To prohibit vehicular access to subdivisional lots, where such access would be undesirable;

To ensure the implementation of uniform fencing between private lots and public land as the Estate develops over time;

To ensure uniform, high quality fencing over time, which balances the need for privacy with an effective interface to public open space, including with respect to passive surveillance;

To reflect for informational purposes the Bushfire Protection Zone applicable to the land;

To limit crossover widths to 4.5 metres; and

To allow a nil setback to one side boundary where appropriate.


This policy should be read in conjunction with the R-Codes and the Town of Cambridge planning policies.

Where no reference is made to particular design elements the relevant provisions of the R-Codes or local planning policies shall apply.

Where any conflicts arise, the provisions of this policy shall prevail.

Where the development does not satisfy the provisions of this policy the relevant design principles of the R-Codes or Town of Cambridge planning policies apply.

PRECINCT DEVELOPMENT PROVISIONS

1. Estate Fencing

1.1. Where identified in Figure 1, boundaries will be fenced by LandCorp and

are not to be altered by lot owners without Council consent. Other

boundaries as shown in Figure 1 will remain unfenced or will need to be

fenced by the developer in accordance with Appendix 1.

1.2. Where identified in Figure 1, estate fencing shall accord with the design

outcomes (including colours and materials) included in Appendix 1.

1.3. Minor variations to estate fencing design may be approved by the Town.

1.4. Additional infill panels/solid walling (beyond that shown in Appendix 1)

must be of a standard and design compatible with the colours and

materials outlined in Appendix 1 to the satisfaction of the Town.

2. Vehicular Access

2.1. Vehicular access is prohibited where highlighted in Figure 1 (for the

extent of the lot boundary, as applicable).



3. Fire Management

3.1. All development and land use shall be compliant with the applicable Bushfire Management Plan.

4. Crossover Widths

4.1. Crossover widths to lots shall be a maximum of 4.5 metres (excluding

splays).

5. Zero Lot Lines

5.1. A wall may be built up to a side boundary behind the street setback (specified in the Residential Design Codes and in accordance with the Town's Streetscape Policy 3.1) within the following limits:

Walls not higher than 3.5 metres for a length no greater than 9.0

metres to one side boundary only. This provision does not apply to

side boundaries abutting estate fencing.



Adopted: 22 March 2016


106 3. Residential Zones: Use and Development 3.14: Minor Structures Behind the Street Setback Area

Policy 3.14: Minor Structures behind the Street Setback Area

INTRODUCTION

Minor structures such as pergolas, shade sails, cubby houses, outdoor decking, and screening are beneficial to the Australian residential setting, however they have increasingly become a source of concern for neighbouring properties, especially in regards to visual privacy.

Although these structures are not classified as buildings in the Residential Design Codes, Clause 3 of the Planning and Development (Local Planning Schemes) Regulations 2015 - Deemed Provisions allows for the Council to make a Local Planning Policy relating to matters related to the planning and development of the Scheme Area.

The Policy provides clarification in relation to common forms of residential development which are considered minor or incidental to a dwelling. In order to ensure that minor structures are not detrimental to the amenity of adjoining properties, this policy sets out circumstances where planning approval is required for minor structures on residential land.

Along with the provisions outlined in this Policy, minor structures behind the street setback area are to comply with all other relevant provisions of R-Codes, and the Town's Local Planning Policies and Local Laws, such as open space, solar access, setbacks, storm water management and fencing provisions where applicable. Minor structures located in the street setback area are to comply with the Town's Policy 3.1: Streetscape.

Note: Structures with a floor level elevated 1.0 metres or more above natural ground level may be subject to further structural and safety requirements at the building permit stage.

AIMS

To ensure that minor structures are appropriately located to preserve the amenity of the area, reduce impacts on adjoining properties including overlooking and limit visual impact of minor structures by controlling bulk (size and height).

To provide certainty for applicants, residents and Council regarding the forms of residential structures located behind the street setback areas which are considered minor or incidental in nature.


This Policy applies to minor structures behind the street setback area that are incidental to a single house or grouped dwelling development in the Residential zones.



DEFINITIONS

For the purpose of applying this Policy, the following definitions apply:-

Adjoining Dividing Fence Height means the height of the dividing fence including any retaining walls or attached privacy screen as measured form natural ground level at the lot boundary.

Animal Enclosures means a dog kennel, beehive, aviary and the like.

Cubby House means a structure, such as a small-scale replica of a dwelling, and includes platforms, used primarily by children for the purposes of play and entertainment.

Decking and Landing Structures means an outdoor platform capable of supporting weight, similar to a floor, often elevated from the ground, which may or may not be attached to a building such as decking, terraces or landings.

Dividing Fence means a fence that separates the land of different owners whether the fence is on the common boundary of adjoining lands or on a line other than the common boundary.

Gatehouse and Arbour Structures means a tunnel-like structure with climbing vines and plants trained over the framework.

Natural Ground Level means the levels on a site which precede the proposed development, excluding any site works unless approved by the decision-maker or established as part of subdivision of the land preceding development.

Outdoor Cooking and Heating Facilities means an outdoor gas-fuelled, electric or wood-fired barbecue, oven, heater and the like.

Pergola means an open-framed structure covered in a water permeable material or unroofed, which may or may not be attached to a dwelling.

Shade Sail means a piece of flexible cloth or canvas like material (which may be water permeable or impermeable) supported between a building or posts to provide shade to an outdoor area.

Tree House means a structure attached to a tree, such as a small-scale replica of a dwelling, and platforms, used primarily by children for the purposes of play and entertainment.

Vergola means an unenclosed structure similar to a patio or pergola but with louvered roof panels which can be opened or closed.



POLICY

1. Pergolas, Vergolas, Shade Sails and Gatehouses

(a) Pergolas, Vergolas and Shade Sails are exempt from requiring planning approval where subject to the following:-

(i) The overall height of the structure (including posts or roof structure) does not exceed 3.5 metres above natural ground level;

(ii) Structures up to 2.5 metres above natural ground level or no taller than the adjoining dividing fence height, may be built up to the lot boundary;

(iii) If greater than 2.5 metres in height or taller than the adjoining dividing fence, the structure is set back in accordance with the R-Codes lot boundary setback deemed-to-comply requirements; and

(iv) Structures with a floor level elevated 0.5 metres or more above natural ground level must comply with the R-Codes visual privacy deemed-to-comply requirements.

(b) Gatehouse and arbour structures are exempt from requiring planning approval subject to the following:-

(i) The structure has a maximum plate height of 2.4 metres and the overall height does not exceed 3.5 metres above natural ground level; and

(ii) Structures over 2.5 metres high are set back in accordance with the R-Codes lot boundary setback deemed-to-comply requirements.

2. Decking and Landing Structures

Unattached, freestanding decks and/or landings with a floor level elevated 0.5 metres or more above natural ground level are exempt from planning approval provided it complies with the R-Codes visual privacy deemed-to-comply requirements.

Note: Please refer to the "Balustrades and Handrails" section of the National Construction Code for specific standards for barriers and balustrades for structures above ground level.

3. Screening Structures

(a) Privacy screens, trellis, or lattice adjacent to a dividing fence are exempt from planning approval subject to the following:-

(i) The overall height of the structure does not exceed 3.5 metres above natural ground level;

(ii) If the structure is less than 2.5 metres in height or no taller than an adjoining dividing fence, it may be built up to the lot boundary; and

(iii) Structures over 2.5 metres high are set back in accordance with the R-Codes lot boundary setback deemed-to-comply requirements.



(b) Outdoor blinds or screens to outdoor living areas (verandahs, patios, pergolas and the like) are exempt from planning approval where:-

(i) At least two of the other sides of the area remain open; or

(ii) The material used is transparent, non-reflective, lightweight and does not permanently enclose the structure.

4. Animal Enclosures

Animal enclosures are exempt from planning approval provided that the overall height of the structure does not exceed 2.0 metres above natural ground level.

Note: Bird enclosures and aviaries must comply with the Town's Animal Local Law as amended October 2016. Bird enclosures must not be located any closer than 1.0 metre from a lot boundary in any circumstance.

5. Outdoor Cooking and Heating Facilities

(a) Permanent outdoor cooking and heating facilities are exempt from planning approval subject to the following:-

(i) The overall height of the structure (including chimney flute and vents), does not exceed 3.5 metres above natural ground level;

(ii) Structures less than 1.8 metres high or no higher than the adjoining dividing fence height may be built up to the lot boundary; and

(iii) Structures above 1.8 metres in height are set back at least 1.0 metre from the lot boundary.

6. Children Play Structures

(a) Cubby houses are exempt from planning approval subject to the following:-

(i) The structure not to exceed 6.0 square metres in area and have a maximum overall height of 4.5 metres above natural ground level;

(ii) Structures with a maximum height of 2.5 metres above natural ground level and no taller than an adjoining dividing fence height, may be built up to the lot boundary;

(iii) A cubby house greater than 2.5 metres in height to be set back in accordance with the R-Codes lot boundary setback deemed -to-comply requirements;

(iv) Openings to a cubby house with a floor level of 0.5 metres or more above natural ground level are to be setback at least 4.5 metres from any residential lot boundary or provided with screening up to 1.4m in height; and

(v) The structure will not be used for habitable purposes other than occasional children's play.

(b) Tree houses are exempt from planning approval subject to the following:-

(i) The structure does not exceed 2.0 square metres in area;

(ii) The structure is set back at least 4.5 metres from any residential lot boundary; and



(iii) The structure will not be used for habitable purposes other than occasional children's play.

Note: Please refer to the "Balustrades and Handrails" section of the National Construction Code for specific standards for fencing and balustrades for structures above ground level.

7. Flag poles

Flagpoles are exempt from planning approval provided that it is a maximum of 6.0 metres in height, not used for commercial advertising nor contain offensive material, and located so that all flags are contained wholly within property boundaries.

DESIGN PRINCIPLES

Where the deemed-to-comply provisions above are not met, applications are to be assessed against the following design principles:-

Structures to be located and set back from lot boundaries so as to:

o reduce impacts of building bulk on adjoining properties;

o provide adequate direct sun and ventilation to active habitable spaces, outdoor living areas and habitable rooms of adjoining properties;

o minimise the extent of overlooking and resultant loss of privacy to active habitable spaces, outdoor living areas and habitable rooms of adjoining properties; and

o make effective use of private open space without compromising the above.

The dimensions and scale of the structure should allow for maintenance of:

o adequate access to direct sun into buildings and appurtenant open spaces;

o adequate daylight to major openings into habitable rooms; and

o access to views of significance.

Structures should be designed to minimise adverse impact on the amenity of adjoining properties. The extent of the structure's visual bulk, overshadowing impacts and obstruction of views should not exceed the deemed-to-comply requirements for a wall with major openings of the equivalent length and height.

Adopted: 20 December 2016 (DV16.207)


111 4. Non-Residential Zones: Use and Development 4.1 Design of Non-Residential Development

4 NON - RESIDENTIAL ZONES: USE AND DEVELOPMENT

Policy 4.1: Design of Non-residential Development

INTRODUCTION

While the majority of the Town is zoned for residential purposes, non-residential development provides many of the services and facilities required by residents. These include retail services, offices, medical facilities, service stations, service industry, entertainment, leisure and a range of community services. The intensive use of many of these facilities and the relatively high level of exposure means good design is particularly important in terms of safety, amenity and convenience for users.

AIM

To ensure the development of non-residential land is designed so as to achieve a high standard of safety and convenience for residents and visitors, and to enhance the amenities and environmental standards of the areas in which such development takes place.

POLICY

1. In considering applications for development of non-residential land, the Council shall take into consideration the following criteria, in addition to the requirements contained in the relevant precinct planning policies included in section 6 of this manual:

1.1. Safety

The need for safe movement of vehicular traffic and minimisation of conflicts between vehicles, pedestrians and cyclists, with reference to factors such as the volume of traffic (both pedestrian and vehicle) likely to be generated by the proposed development, location of vehicular access points, the design and location of crossovers, public transport stops, and the provision and location of segregated pedestrian walkways and sightlines.

1.2. Amenity

The impact on the amenity of the adjacent area, which is likely to result from implementation of the proposal with reference to zoning and land use, building height, building setbacks, design, landscaping and any discharges or emissions to the environment from the proposed development.

1.3. Convenience and economy

The co-location of facilities, and the more efficient utilisation of infrastructure with reference to factors such as minimisation of travel, reduction in traffic, minimisation of car parking areas through shared use and the potential for improved or more efficient public transport services.


112 4. Non-Residential Zones: Use and Development 4.1 Design of Non-Residential Development

2. The design of non-residential development and its presentation to the street (eg. windows, awnings, access points), shall be sympathetic to the existing streetscape.

3. A traffic management plan may be required where the proposed facilities are likely to have a significant impact on the surrounding street system or on the amenity of adjacent areas.

4. The design and location of service entries and loading/unloading areas shall be an integral part of the overall design and development of a site, and should satisfy the following criteria:

(a) service entries and loading/unloading areas should not be located adjacent to any adjoining residential uses;

(b) the placement of signs indicating the location of and access to service entries and loading/unloading facilities may be required, and are to be provided by the applicant;

(c) in the case of comprehensive developments which incorporate more than one property, combined loading/unloading areas may be considered necessary by the Council;

(d) the Council shall have regard to, and may apply conditions relating to, the location, size, accessibility, lighting and hours of operation of service entries and loading/unloading areas; and

(e) on-site service entries and areas for the loading/unloading of vehicles carrying goods or commodities to or from premises shall be provided and maintained in accordance with the approved development for the site.



113 4. Non-Residential Zones: Use and Development 4.2. Residential Development in Non-residential Areas

Policy 4.2: Residential Development in Non-residential Areas

INTRODUCTION

It is now becoming more popular to develop housing in commercial areas, and there may also be circumstances in which there is a need for residential development in other non-residential areas, e.g. caretaker accommodation. The residents of such areas can benefit from the proximity to services and attractions while at the same time increasing the level of commercial and community activity.

Under the Town Planning Scheme, residential development is provided for in all non-residential zones, and there is specific provision for mixed residential/commercial development within designated areas of the Town. This policy is intended to apply to both residential development in non-residential zones and residential development in the Residential/Commercial zone.

AIMS

To mitigate potential loss of amenity where residential uses are developed in non-residential areas, and to facilitate the co-existence of residential and non-residential activities without undue interference and to assist development in such a manner that the interests of all uses are recognised and respected.

To encourage the successful development of residential uses in non-residential areas, as a means of achieving a diversity of uses, and residential uses which are close to services and attractions and generate after hours activity.

POLICY

1. The Council encourages the development of residential uses in non-residential areas as a means of achieving a diversity of uses, which are close to services and attractions, and generate after hours activity.

2. In considering an application for planning approval for residential development within a non-residential area, the Council shall have regard to:

(a) the character of the area and the need to protect non-residential uses from undue influences or restrictions resulting from residential occupation;

(b) the suitability of the area for residential development with reference to the level of amenity and/or potential conflict between residential and non-residential uses, acknowledging that residential uses in non-residential areas must expect a different level of amenity to that available in a residential area; and

(c) the provisions of the Residential Design Codes and requirements of the Town Planning Scheme.


114 4. Non-Residential Zones: Use and Development 4.2. Residential Development in Non-residential Areas

3. Where the residential uses are to be developed in conjunction with non-residential uses, the development should have regard to the following criteria:

(a) entry points for the residential use should be separate from those of other uses and be readily identifiable. All necessary lift, rubbish bin areas, letterboxes, drying areas and similar facilities and services should be separately provided for residential uses;

(b) an appropriate level of amenity and security should be ensured for all uses. Development should be designed to avoid problems such as overlooking, overshadowing and disturbances from the non-residential component of the development. In addition, maximum advantage should be taken of available views and favourable orientation for residential development;

(c) car parking shall be provided as required under the provisions of the Residential Design Codes and Council’s planning policies. In general, parking for the residential uses shall be separate from parking for other uses, and access to car parking spaces shall be available for all uses at all times;

(d) open space shall be provided for residential uses as required under the provisions of the Residential Design Codes. For the purposes of calculating the amount of required open space for single houses and grouped dwellings, the ‘site’ (area) shall be that portion of the site set aside for residential purposes. Where multiple dwellings are provided above non-residential uses, only balcony space needs to be provided in accordance with the Residential Design Codes; and

(e) service entries and loading/unloading areas provided for the non-residential use(s) on-site must be separate from residential uses and adequately sign posted to minimise disturbance and disruption to residential amenity. Council may control the uses of such areas by applying conditions of planning approval relating to such matters as accessibility, lighting and hours of operation.



115 4. Non-Residential Zones: Use and Development 4.3. Amusement Centres

Policy 4.3: Amusement Centres

INTRODUCTION

Amusement centres are provided for under the Town Planning Scheme in all Commercial, Local Centre and District Centre zones although applications for such development or use normally require notification in accordance with the requirements of clause 37 of the Scheme and Policy 2.3: Public Notification and Advertising Procedures.

Up to two amusement machines is defined as an amusement facility under the Scheme and is a ‘P’ (ie. permitted) use in all Commercial, Local Centre and District Centre zones and therefore does not require the Council’s planning approval in these zones. In other zones, the use may be allowed at Council’s discretion.

DEFINITION

Amusement centre means any land or building, open to the public, where the predominant use is amusement by amusement machines and where there are more than two amusement machines operating within the premises.

AIM

To ensure that the future location of amusement centres is in harmony with surrounding land uses and activities and to provide an appropriate planning framework from which planning decisions can be made regarding the location and control of such centres.

POLICY

1. Any proposal to install three or more amusement machines in a premises open to the public, but for which the predominant use is other than an amusement centre, shall be subject to an application for planning approval.

2. In determining an application for the establishment of an amusement centre or the installation of amusement machines within other premises open to the public, the Council shall have regard to the following and may impose conditions of planning approval regarding:

(a) the hours of operation, sound attenuation measures, appearance and design of the premises;

(b) the nature of activities for which the premises are used; and

(c) the provision of bicycle parking facilities, on or in the vicinity of the premises, at a location considered appropriate by the Council.

3. All applications for planning approval for amusement centres shall be subject to the public advertising procedure as detailed in Policy 2.3: Public Notification and Advertising Procedures.

4. The Council will not grant planning approval to the establishment of amusement centres where the activity is likely to be detrimental to the amenity of, and out of character with, the locality by reason of its appearance, its environmental impact, its character or the likelihood of it generating behaviour detrimental to others in the area.

5. Amusement centres shall be provided with self-closing entry/exit doors.

6. The building frontage to amusement centres shall be designed to be compatible with surrounding buildings and land use activities.



116 5. Ancillary Uses and Development 5.1. Parking

5 ANCILLARY USES AND DEVELOPMENT

Policy 5.1: Parking

INTRODUCTION

This policy sets out requirements for access and parking provisions for non-residential development (including commercial and mixed use developments).

For both environmental and practical reasons, the policy includes measures to provide for and encourage greater use of alternative transport modes, reducing reliance on the car, notwithstanding the need for suitable parking to be provided as part of proposed development. Promoting transport choice is one of the goals of the Town's Strategic Community Plan 2013-2023.

The policy consists of:-

car parking ratios;

requirements for parking provision and supporting facilities for bicycles, motorcycles; scooters and gophers;

parking concessions where development has convenient access to public transport and/or provides other alternatives to parking; and

provisions for cash-in-lieu for parking bays.

In general terms, this policy outlines parking ratios for each land use. In some cases, concessions on the number of bays may apply, to a maximum of 20% of the parking requirement where alternatives are provided. A further reduction of 25% of the parking requirement (inclusive of concessions) may apply in exchange for a cash-in-lieu payment to the Town.

The policy also includes guidelines for the design of parking areas and the submission of parking management plans and transport assessments to get the greatest benefit from the facilities that are provided.

AIMS

To promote a choice of transport options by ensuring the provision of a mix of car, bicycle and vehicle parking.

To ensure that the supply of parking also encourages alternative, more sustainable modes of transport.

To facilitate the development of adequate, safe and convenient parking.

To promote a high standard of design for parking areas.

To ensure adequate provision for service vehicles.

RELATED POLICIES

4.1 Design of Non-Residential Development

5.3 Landscaping and Water Sensitive Urban Design




This policy applies to all applications for non-residential development, including change of use applications. The car parking requirements for residential development are contained within the Residential Design Codes of Western Australia.

Applicants seeking variations to this policy shall be determined by the Responsible Authority in accordance with the aims and provisions of this policy.

1. PARKING RATIOS

Table 1 below sets out the requirements for the provision of parking for cars and bicycles for different land uses. Parking requirements for residential uses are contained in the Residential Design Codes.

Most land uses in the table are defined in the Town Planning Scheme Text. Further definitions can be found in the definition section at the end of this policy.

Important notes:

The requirements in Table 1 are the base parking standards. Subsequent sections of the policy outline where these requirements may be varied.

Additional parking requirements for special types of parking bays (i.e. motor cycle parking) and for the allocation of bays are listed under Table 1.

Table 1: Parking ratios

Number of parking spaces

Cars Bicycles (Short-stay) Bicycles (Long-stay)

Amusement centre 1 space/20m2 NFA 1 space/50m

2 NFA

Min 2 spaces -

Bed and breakfast accommodation

1 space/guest bedroom - -

Betting agency 1 space/20m2 NFA 1 space/150m

2 NFA

Min 2 spaces -

Caretaker’s dwelling 1 space - -

Child day care centre 1 space/5 children - 1 space

Cinema/theatre 1 space/5m2 seating area 1 space/100m

2 seating

area Min 2 spaces -

Civic use Assessed on component uses 1 space/50m2 NFA

Min 2 spaces 1 space/300m

2 NFA

Club premises Assessed on component uses 1 space/200m2 NFA

Min 2 spaces -

Community purpose Assessed on component uses 1 space/200m2 NFA

Min 2 spaces -

Conference centre 1 space/5m2 seating area - -

Consulting rooms 4 spaces/practitioner 1 space/4 practitioners -



Number of parking spaces


Consulting rooms (group) 4 spaces/practitioner 1 space/4 practitioners 1 space/8 practitioners

Dry cleaning premises/Laundromat

1 space/20m2 NFA - -

Educational establishment - Pre-school:

1 space/staff member & 1 space/5 students

- -

Educational establishment - Primary school

1 space/staff member and

14 drop off spaces/100 students (may be on-street)

1 space/5 students over Year 4

Educational establishment - Secondary school

1 space/staff member and

7 drop off spaces/100 students (may be on-street)

1 space/20 students

Educational establishment - Technical institution/university

1 space/staff member & 1 space/10 students

1 space/20 students

Health Studio: Indoor bowling centre

4 spaces/lane & 1 space/30m2 NFA open to the public

1 space/200m2 NFA Min 2 spaces

-

Health Studio: Indoor sports stadium

1 space/50m2 NFA used for games & 1 space/4 spectator seats


1 space/400m2 NFA

Health Studio: Squash and tennis courts

3 spaces/court & 1 space/4 spectator seats


1 space/400m2 NFA

Health Studio: Gymnasium

1 bay per 5 patrons 1 space/200m2 NFA Min 2 spaces

1 space/400m2 NFA

Health Studio: Other 1 space/15m2 NFA 1 space/200m2 NFA Min 2 spaces

1 space/400m2 NFA

Home occupation 1 space - -

Home store Short stay parking (may be on-street)

2 spaces -

Hospital 1 space/30m2 net administration area & 1 space/3 licensed beds

1 space/30 licensed beds

Min 2 spaces


Hospital special purposes 1 space/30m2 net administration area & 1 space/3 licensed beds


Min 2 spaces


Hotel/Private Hotel/Motel 1 space/room, & parking for any public drinking or public dining in accordance with ‘Tavern’

If public drinking or public dining is provided, bicycle parking is to be in accordance with ‘Tavern’

If public drinking or public dining is provided, bicycle parking is to be in accordance with ‘Tavern’

Industry (light or service)/Warehouse

1 space/75m2 NFA - -

Massage rooms 1 space/20m2 NFA 1 space/150m2 NFA Min 2 spaces

1 space/300m2 NFA



Land Use Number of parking spaces


Market 1 space/40m2 of market area

1 space/50m2 of market area

Min 2 spaces

-

Medical centre 4 spaces/practitioner 1 space/4 practitioners 1 space/8 practitioners

Motor vehicle & marine sales

1 space/100m2 display area - -

Motor vehicle wash 3 spaces/car wash bay & 1 space/30m2 net administration area

- -

Nursing home 1 space/30m2 net administration area & 1 space/3 licensed beds

1 space/60 licensed beds 1 space/30 licensed beds

Office 1 space/30m2 NFA 1 space/500m2 NFA Min 2 spaces

1 space/200m2 NFA

Open air display 1 space/100m2 display area - -

Petrol and convenience store

3 spaces/service bay & 1 space/20m2 NFA

2 spaces -

Private recreation Assessed on component uses

1 space/200m2 land area available to the public Min 2 spaces

1 space/400m2 land area available to the public

Public worship 1 space/5m2 seating area 1 space/100m2 seating area Min 2 spaces

-

Reception centre 1 space/5m2 public area - 1 space/750m

2 public

area

Restaurant / Cafe 1 space/5m2 of seating area

(excluding alfresco area) 1 space/100m

2 NFA


2 NFA

Restricted premises 1 space/20m2 NFA 1 space/150m

2 NFA

Min 2 spaces

Retirement village As per R-Codes (Aged Persons Dwelling)

2 spaces -

Service station 3 spaces/service bay & 1 space/20m

2 NFA

- -

Shop (including liquor store or pharmacy)

1 space/20m2 NFA 1 space/150m

2 NFA

Min 2 spaces or

if in a District Centre zone, 1 space/500 m

2 NFA

Min 6 spaces over centre

1 space/300m2 NFA

or

if in a District Centre zone, 1 space/1000m

2 NFA

Min 10 spaces over centre

Showroom 1 space/40m2 NFA 1 space/1000m

2 NFA 1 space/750m

2 NFA

Small bar 1 space/5 persons the building is designed to accommodate.

2 spaces 1 space



Land Use Number of parking spaces


Take away food outlet 1 space/5m2 of seating area &

1 space/3m2 of counter/queuing

area

Add 4 car queuing bays for drive through operation.

1 space/50m2 NFA


2 NFA

Tavern Bar: 1 space/2m2 of net drinking

or seating area & Lounge and outdoor: 1 space/3m

2 of seating area

Bar: 1 space/25m2 of net

drinking or seating area & Lounge and outdoor: 1 space/100m

2 of seating

area

1 space/100m2 NFA

of bars and public areas, including lounges, beer gardens and restaurants

Veterinary clinic 4 spaces/practitioner 1 space/4 practitioners -

Veterinary hospital 4 spaces/practitioner for the first 2 practitioners and 2 spaces/practitioner thereafter

1 space/4 practitioners 1 space/8 practitioners

Additional provisions

1. Calculation of parking requirements - Parking requirements shall be rounded to the nearest whole number and in the case of .5 rounded up. In the case of calculating parking requirements for different land uses and for different types of bicycle parking (short-stay and long-stay), each requirement is to be rounded to the nearest whole number and in the case of .5 rounded up, before adding together all requirements.

2. Motorcycle, scooter and gopher parking - In addition to the car parking requirements under Table 1: Parking ratios, parking spaces for motorcycles, scooters and gophers will be required as calculated based on 2% of the total number of car parking spaces required (as calculated before concessions are applied).

3. Specific purpose bays - In addition to car and bicycle parking, the Responsible Authority may require the provision of spaces marked exclusively for the use of delivery and service vehicles, taxis, and courier services, where the nature of the development requires specific purpose bays. Loading and delivering bays shall be located in close proximity to service areas. Specific purpose bays are to be clear of any obstruction at all times unless otherwise approved by the Responsible Authority.

4. Bays for persons with a disability - Provision of spaces for persons with a disability in accordance with the Building Code of Australia and Australian Standard 2890.6 will also be required, where applicable. These are to be located in a position easily accessible to the main entry of a building and/or any lifts and ramp facilities.

5. Allocation of parking bays - The allocation and location of each type of parking bay and the bay allocation for each use must be specified on the planning approval in all cases. This will include specific allocations of and locations of residential, commercial, visitor, loading bays, disabled bays and any other



specific bay parking as required by the Town. The plans must provide for parking in accordance with dimensions specified as per Australian Standard 2890.1.

For consulting rooms, 50% of the off-street car parking requirement is to be allocated to non-staff of the premises. Parking bays should be marked accordingly in accordance with the relevant Australian Standards.

6. Special application of ratios

Traditional strip centres - These centres generally have limited on-site parking available and little opportunity to provide parking bays. Where a change of use or additions are proposed, which result in an increased parking requirement (in accordance with Table 1), the Responsible Authority may determine the parking requirement solely based on the additional number of bays the new use generates compared to the most recently approved use The shortfall is to be paid by cash-in-lieu with no further parking concessions applicable. In this circumstance, a cash-in-lieu payment in excess of 25% of the parking requirement can apply.

Retail in mixed use development - To encourage active ground floor uses (e.g. retail, café or restaurant) in a predominantly office or residential development and where these are ancillary to the main use, parking requirements to be based on the ratio for office uses (1 bay / 30 m2). The retail use shall be small-scale and not a large format retail shop and the majority of development shall be non-retail. If then the retail premises is reformatted into a large format retail premise, parking supply is to be increased in accordance with the standard parking ratio for shop use (Refer to Appendix 1 for map of traditional strip centres).

Shopping centres - For shopping centres with a minimum floor space of 1500m2 in which all tenancies or occupants have assured access to, and use of common car parking area or areas, parking requirements for the overall centre shall be based on the standard applicable to 'shops', irrespective of the use of the particular tenancies or individual occupancies which make up the centre.

7. Car parking provision exceeding the requirements specified in Table 1 will generally not be supported, in order to limit traffic congestion and encourage more sustainable modes of transport The Responsible Authority may determine that the provision of bays exceeding the required number under the Policy provisions is not justified or required and will impose an adverse impact on amenity, safety and traffic management in the surrounding locality. In some circumstances, the Responsible Authority may require there to be fewer parking bays than required under the Policy if the number of bays proposed is likely to present an adverse impact on amenity, safety and/or traffic management.



2. END OF TRIP FACILITIES

Where developments are required to provide long-stay bicycle parking as per Table 1 above, the provision of end of trip facilities is also required, in accordance with Table 2: End of trip facilities.

Note: Primary and secondary schools are exempt from having to provide end of trip facilities.

Table 2: End of trip facilities

No. of long-stay bicycle spaces provided

No. of lockers1

No. of showers2

1 - 2 1 -2 0

3 – 5

3 - 5 1

6 – 10

6 -10 2 (one male, one female)

11 – 20

11 -20 4 (two male, two female)

More than 20

20 or more

4 (two male, two female)

plus

additional showers at the rate of 2 showers (one male, one female) for every 10 long-stay parking spaces over 20 provided thereafter

Notes: 1 To be of suitable volume and dimensions to allow storage of clothing, towels, cycling

helmets and footwear; well ventilated, secure and lockable; and located close to shower and change room facilities (where provided). A ratio of one locker to one bicycle space is to be provided.

2 Change room facilities must also be provided and may either be a combined shower and

change cubicle or communal change room for each gender directly accessible from the showers.

a. 3. ALTERNATIVES TO PROVIDING PARKING BAYS

The following section outlines alternative methods that may be used to achieve the parking provisions specified in Table 1 above. Applicants may utilise one or a combination of methods. Alternative methods to satisfy parking provisions will be considered on their merits and will need to be accompanied by a Parking Management Plan that demonstrates to the satisfaction of the Responsible Authority that the proposed parking provision will be adequate to meet demand.

3.1 Parking concessions

Where demand for car parking may be lessened due to the availability and attractiveness of alternative modes of transport, the Responsible Authority may consider reducing the requirement for car parking spaces to a maximum of 20% of the requirement as per Table 1.

Note: The following section of this policy only applies to non-residential parking requirements. In the case of residential development, variations to the deemed



to comply standards in the Residential Design Codes are considered in accordance with design principles of the Codes.

The parking ratios may be reduced as follows:

Up to 5% for the provision of parking spaces for motorcycles, scooters and gophers as required under this policy.

Up to 20% on the basis of availability and attractiveness of alternative modes and the location of the proposed development site (refer to alternative modes and locations details below). To achieve the reduction, the applicant will be required to detail within the Parking Management Plan, the strategies to be employed to manage parking demand and encourage alternative modes of transport. (Note: the reduction up to 20% includes the 5% for the provision of parking spaces for motorcycles, scooters and gophers).

Note: Parking concessions shall be rounded to the nearest whole number and in the case of .5 rounded up, before adding together all requirements or concessions.

Alternative modes and locations refer to:

Users of the development have safe, close and convenient access to frequent and regular public transport at the times of operation of the development (Refer to Appendix 2 for areas with access to frequent and regular public transport routes. Please note that these may change over time as public transport services can be subject to change)

Cycling to the development is convenient and safe and is supported through the provision of additional bicycle facilities (including extra bays and end of trip facilities) than required by Table 1 and/or Table 2 of this policy which will significantly improve the ability to access the site by this mode. To receive a 5% parking reduction, the proposal must provide at least 5% more bicycle bays than otherwise required under this Policy.

The development is located in a centre that promotes good pedestrian amenity supported by a mix of land uses, active frontages and weather protection.

Other alternative mode (this includes shared and reciprocal parking as mentioned below).

Note: The provision of parking bays within a public parking station will not contribute towards parking concessions nor contributes toward meeting parking requirements under this Policy.

3.2 Shared parking for mixed use developments

Parking may be shared for mixed use developments located on the same property where it can be demonstrated to the satisfaction of the Responsible Authority that:

the peak demand for parking by two or more land uses will not occur at the same time;

the combined supply of car parking is sufficient to meet the estimated peak combined demand;



the arrangements are secured and that any future change of use will not result in a shortfall in parking. and

shared parking arrangements are detailed within the Parking Management Plan.

Note: To calculate peak parking demand, the following advice is provided:

(1) Determine the minimum amount of parking required for each land use as though it were a separate use, by time period;

(2) Calculate the total parking required across uses for each time period; then

(3) Set the requirement at the maximum total across time periods.

Calculating Peak Parking Demand for Mixed Use Developments

Proposed Land Use Weekday Weekend

Daytime (8am - 6pm)

Evening (6pm - 12am)

Daytime (8am - 6pm)

Evening (6pm - 12am)

Use 1

Use 2

Use 3

TOTAL

3.3 Reciprocal parking

Reciprocal parking arrangements may be considered acceptable where it can be demonstrated to the satisfaction of the Responsible Authority that:

the peak demand for parking by two or more developments will not occur at the same time;

the combined supply of car parking is sufficient to meet the estimated peak combined demand;

the reciprocal parking areas are located so that people can access the parking areas directly and safely from both developments and within 250m for residents, professional services and medical facilities; within 350m for general retail, employees, restaurants etc and within 500m for overflow parking and major events;

the arrangements are secured and that any future change of use will not result in a shortfall in parking.

3.4 Cash-in-lieu of parking

Cash-in-lieu of parking may be considered where developments have a shortfall of parking according to the requirements outlined in the above land use parking requirements table, where:

the Town may consider it undesirable for efficiency, traffic operation, pedestrian amenity, traffic demand management, achievement of transport objectives or other reasons for the specified parking to be provided totally on-site, or

the developer can show access to alternative options to accommodate the transport access requirements of those potential users of the development for whom on-site parking will not be provided, or



there exists adequate provision for car parking in the proximity of the proposed development, or

the development will contribute significantly to the streetscape and will encourage the upgrading of the locality, or

the Town is satisfied that public transport facilities are available to satisfy the transport access demands of employees, residents and visitors to the development, or

the physical constraints of the site (including geophysical constraints, small block size, etc.) make on-site provision impracticable, or

it is impractical, because of the need to construct basement parking lower than two levels, owing to the significant cost associated with deep basement parking spaces.

Cash in lieu for parking can be applied for a maximum of 25% of the parking bay requirement (calculated inclusive of any parking concessions as per Section 3.1 of this policy included which may also apply).

All applications are to be signed by the owner of the premises and accompanied by a Parking Management plan.

Note: To calculate the number of bays which cash-in-lieu is able to be paid, round the number of bays to the nearest whole number and in the case of .5 rounded up.

Payment basis

The cash in lieu payment will be calculated according to the following rates. These values will be indexed to CPI each year on July 1, to reflect the real value over time and will be updated on the Town's website and Schedule of Fees and Charges.

$32,000 per bay in the following areas:

Medical Zone (Precinct); and

Floreat Forum.

$16,000 per bay in the following areas:

West Leederville Activity Centre;

Wembley Town Centre; and

All other commercial areas.

The agreed fee shall be paid in two equal instalments, one immediately prior to commencement of the development and the balance prior to practical completion of the development and prior to obtaining an Occupation Permit. In the case of an application involving a change of use but not development works, the cash-in-lieu payment shall be made in full prior to the commencement of the use, and before an application is made for an Occupancy Permit.



The Responsible Authority may require that a proportion, or all, of the parking bays required in any approval to commence development be provided as cash in lieu or may set a maximum proportion of parking bays for which applicants to provide cash in lieu.

Instead of accepting a cash in lieu payment, the Responsible Authority may accept as a partial or full substitute the transfer in fee simple of a parcel of land of equivalent value. The land shall be transferred to the Council prior to commencement of development or approval of strata plan or survey strata plan for the property, whichever occurs first.

Note: If considered appropriate by the Responsible Authority, in certain instances cash-in-lieu for shortfalls in parking may not be accepted as an alternative means of providing acceptable parking standards.

Allocation of income

Income received as parking cash-in-lieu be allocated to a special fund for accessibility improvements including:

purchase of land for parking;

construction of parking spaces by Council or within a joint venture;

a shuttle bus service in the Town;

improving parking information system;

real-time transit information system;

security lights and improved pathways to access parking area;

cycle paths and other cycling support facilities; and/or

upgrading the design of on-street parking facilities.

Refer to Appendix 3 for map of cash-in-lieu collections areas and the correlating areas in which cash-in-lieu of parking bays may be allocated.

4. DESIGN AND LOCATION OF PARKING

4.1 Car parking

Amenity

Parking should generally be located at the rear of, or beneath, developments.

Parking areas must be sealed and landscaped to a high standard, with all surface (open air) parking areas being landscaped with shade trees in accordance with Policy 5.3: Landscaping and Water Sensitive Urban Design. Surface (open air) parking areas fronting a street should also be appropriately landscaped to maintain a high visual standard of development.

Any lighting installed on the building, yard areas or car parking areas shall be located and designed in a manner that ensures:

(a) all illumination is confined within the boundaries of the property; and

(b) there will not be any nuisance caused to an adjoining residents or the local area.



Large expanses of parking areas should be avoided. Parking areas should be divided into smaller groups of spaces, separated by landscaping or other development or activities, especially where parking areas are situated adjacent to the street.

Layout and dimensions

Car parking spaces and manoeuvring dimensions should be in accordance with AS 2890.1 Off-Street Car Parking.

Traffic movement

Traffic circulation and manoeuvring spaces within parking areas should be designed so that:

all vehicles can enter and exit the site in a forward direction unless the Responsible Authority is satisfied that the nature of a development and its relationship to, or the nature of, adjoining streets makes it unnecessary to do so; and

vehicles are able to queue, if necessary, within the parking areas.

Safety

Pedestrian, cyclist and motorist safety should be a priority in the design and operation of parking facilities, by ensuring that:

pedestrian and cyclist pathways through a parking area are clearly defined, well lit and signposted, where required, with direct access to the street or facilities serviced;

traffic access to, and circulation within parking areas, is separated, where practicable, from pedestrian and cyclist paths or pedestrian access points to or through a parking area; and

driver sight lines are not obstructed by signs, fencing, landscaping or any other obstacle.

4.2 Bicycle parking

Short-stay bicycle parking devices should be located on-site in a convenient and secure position close to the entrance of the premises. Where the building is built up to the front boundary and there is no other suitable location, the Responsible Authority may accept short-stay bicycle parking in the road reserve adjacent to the building, where there is sufficient room.

Long-stay bicycle parking devices should be located on-site in a convenient and secure location for employees or students, positioned close to and directly visible from inside the place of employment or educational institution.

Bicycle parking devices should be designed in accordance with Austroads Part 14 – Bicycles and meet the following criteria:

- enable wheels and frame to be locked to the device without damaging the bicycle;

- be placed in public view;



- be located outside pedestrian movement paths;

- be easily accessible from the road;

- be arranged so that parking and unparking manoeuvres will not damage adjacent bicycles;

- be protected from manoeuvring motor vehicles and opening car doors;

- be well lit by appropriate existing or new lighting (where applicable);

- be protected from the weather; and

- be designed to fit in harmony with the surrounding environment.

5. PARKING MANAGEMENT PLAN

5.1 Requirement for a Plan

A Parking Management Plan shall be prepared to the satisfaction of the Town and shall form part of the planning approval for any development application that proposes 10 or more parking spaces or applies alternative methods to achieve parking requirements under this policy or cash in lieu of parking. In addition to a condition of approval, a parking management plan may be required to be highlighted on a strata plan which is to be supplied at the time of submission of the planning application.

5.2 Information to be included

A Parking Management Plan should outline in detail how parking for the proposed development will be managed and identify practical strategies to minimise parking conflicts between different users. The Parking Management Plan should include:

property information such as address, land use and contact details of the responsible person(s) for the day to day management of the parking (if known);

number of parking spaces per category (for example tenant/staff spaces, customer and/or visitor spaces, spaces for persons with a disability, loading spaces) and number and type of bicycle spaces (short-stay or long-stay);

public parking (on-street and off-street) availability within 250 metres of the pedestrian entry of the development;

In certain instances a vehicle manoeuvrability plan may be required to demonstrate different size vehicles have the ability to adequately enter and exit the premises in forward gear;

availability of public transport and pedestrian and cycling facilities serving the premises; and

strategies to be employed to manage parking demand on site.

Note:- To assist in the preparation of a Parking Management Plan, an information sheet is available from Planning Services and at www.cambridge.wa.gov.au.

5.3 Specific parking bays on planning approval

http://www.cambridge.wa.gov.au/



The allocation and location of bays including the various types of parking bay required and the specific uses for which the parking is provided as specified in the Parking Management Plan and any strata plan, shall be accordance with the details in the planning approval.

5.4 Amendments to an approved Plan

A Parking Management Plan forms part of the planning approval. Any proposed amendments to an approved Parking Management Plan are therefore submitted and processed as an amended plan application to the Responsible Authority.

6. TRANSPORT ASSESSMENT

A Transport Assessment (technical report) may be required where, due to the nature of the proposed development and/or its location, the Responsible Authority considers it necessary. A Transport Assessment should include:

a description of the development;

an assessment of the likely parking demand;

consideration of nearby developments;

an assessment of accessibility of the site by non-car modes;

an assessment of the impact of the development traffic on existing pedestrians, cyclists and public transport users;

an assessment of road safety and road design for vehicular traffic on adjoining roads and other nearby roads (as determined necessary by the Town's Infrastructure Department);

an assessment of the potential impact on the amenity of the surrounding area; and

justification of proposed parking shortfalls

A traffic impact assessment will be required for all Child Day Care Centre applications (refer to Policy 3.7: Child Day Care Centres for further information).

7. DEFINITIONS

For the purpose of this policy, the following definitions apply. For other definitions, the Town Planning Scheme definitions apply.

Betting agency:

An office or totalisator agency established under the Totalisator Agency Board Betting Act 1960.

Cash-in-lieu of parking:

Payment to the Council in lieu of providing parking.

Device: A thing to or in which one or more bicycle frame(s) and wheels can be locked, and includes rails, bicycle lockers and bicycle compounds.

End of trip facilities:

Destination facilities provided primarily for bicycle commuters, such as showers, change rooms and lockers

Home store: Any shop with a net lettable area not exceeding 100 square metres attached to a dwelling and which is operated by a person residing in the



dwelling.

Large format retail Laundromat:

A shop or showroom with a floor area greater than or equal to 750 square metres. For the purpose of this definition the floor area is the gross total floor area of the building (or portion of the building) used for the shop or showroom excluding car parks, lift shafts, stairs, toliets, amenities, plant rooms and the thickness of any external walls.

A building, open to the public, in which coin-operated or other washing machines, with or without provision for drying clothes, are available for use.

Long-stay bicycle parking:

Bicycle parking for employees and students of educational establishments where bicycles are parked for extended periods of time.

Market area: The site or net floor area occupied by the market stalls and any associated pedestrian walkways to access the stalls.

Medical Centre:

Premises used by one or more health consultant(s) for the investigation or treatment of human injuries or ailments and for general outpatient care (including preventative care, diagnosis, medical and surgical treatment, and counselling). The term does not include a hospital but may include a day surgery facility.

Mixed use development:

Buildings that contain a mix of use classes (commercial and other non-residential uses) and may also be in conjunction with residential dwellings in a multiple dwelling configuration.

Net floor area (NFA):

The gross total area of each of the floors of the building but shall not include the area of private car parks, the areas of lift shafts, stairs, toilets, amenities, plant rooms and the thickness of any external walls.

Reciprocal parking:

Parking facilities serving separate uses or a mixed use development, but not shared concurrently between the uses and not necessarily on one site.

Shared parking:

Parking facilities on one site shared concurrently by a mixed use development or separate developments.

Short-stay bicycle parking:

Bicycle parking for shoppers, customers or visitors to premises.

Small bar: means premises licensed as a small bar to sell liquor for consumption on the premises, but excluding the sale of packaged liquor and with the number of persons who may be on the premises limited to a maximum of 120 as provided by the Liquor Control Act 1988 (or as amended).

Space: Parking for one car, motorbike, bicycle or other vehicle.

Adopted: 26 February 2013

Amended: 28 July 2015 (DV15.94)

Amended:19 September 2016 (updating cash in lieu figures)



APPENDIX 1 - TRADITIONAL STRIP CENTRES



APPENDIX 2 - AREAS WITH ACCESS TO FREQUENT AND REGULAR PUBLIC TRANSPORT



APPENDIX 3 - CASH-IN-LIEU COLLECTION AREAS


134 5. Ancillary Uses and Development 5.2. Advertising Signs

Policy 5.2: Advertising Signs

INTRODUCTION

Advertisements are classed as development under the Town Planning Scheme and therefore require the Council’s planning approval unless specifically exempted by planning policy.

Existing authorised advertisements may continue to be displayed in accordance with any licence or approval previously granted by the Council, unless specifically required to be removed under the provisions of clause 31 of the Town Planning Scheme. In general, previous approvals granted under the Council’s local laws are specific to a particular display, and therefore, where any changes to the display are proposed, the development should be brought into accord with the current requirements.

The proliferation of unauthorised advertising signs has the potential to significantly detract from the visual amenity of the Town, and can in some circumstances also prejudice road safety through driver distraction and restriction of sight lines. At the same time, too much signage or poorly located or designed displays, can result in less effective advertising, as messages are lost through visual clutter and information overload.

AIMS

To ensure that signs only relate to the goods and services on the site and/or provide information directly relating to the site to in order to identify the site and the activities which occur on the site.

To ensure that signs do not adversely impact on the streetscape and amenity of surrounding land.

To minimise the adverse impact that outdoor advertising can cause through proliferation or poorly located or designed signage.

To ensure that signs do not detract from the level of safety for drivers, cyclists and pedestrians by obstructing sight lines and distracting road users.

To ensure that signs do not dominate the building or site and should only form an incidental component of the development.



DEFINITIONS

For the purposes of this policy, the following definitions apply:

Advertisement means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, that is used wholly or partly for the purposes of advertising, announcing or directing, and includes:

(a) any hoarding, banner or similar structure used, or adapted for use, for the display of advertisements; and

(b) any airborne device anchored to any land or building used for the display of advertising; and

(c) any vehicle or trailer or other similar object placed or located so as to serve the purpose of displaying advertising.

Awning Sign means a sign which is painted onto or attached to an awning and faces onto the street but does not include an under awning sign.

Billboard means a third party advertising sign attached to or painted onto the outside wall of a building, or freestanding or attached to a vehicle.

Community Information Sign means a temporary sign relating to or giving directions to a charitable, cultural, educational, recreational or other public or community function, exhibition, meeting, display event or activity conducted by a community association other than for commercial gain.

Election Sign means a temporary sign which encourages persons to vote for a candidate, political party or matter, relating to any Federal, State or local government election, referendum or poll.

Electronic Billboard Sign means any sign which contains third party advertising with content that moves and/or is electronic and may include flashing or chasing lights, incorporate variable messages, fibre optic or LED technology, which may be attached to a building, free-standing or attached to a vehicle.

Fence Sign means any sign attached to or painted onto a fence.

Flag Sign means a sign that is printed onto a flag typically flown from a pole.

Ground-based Sign means a sign not attached to a building and includes A-frame signs (sandwich boards), spinners, and the like, and are generally portable.

Hoarding Sign means an advertising sign fixed to a freestanding structure that is not a building and that has one or more supports and where the overall height (including supports) is less than the width of the sign.

Monolith sign means a singular freestanding structure featuring signage where the largest dimension of the structure is vertical.

Projecting Wall Sign means a sign placed perpendicular or angle to the façade of a building but excludes an under awning sign.

Promotional Display means a balloon, blimp or similar device or display used to provide information about the business or site or promote the business and usually on the roof of the building.



Pylon Sign means a free-standing structure featuring signage located off the ground and attached to one or more support structures

Roof Sign means a sign that is erected or painted directly upon the roof or attached to the top of a parapet wall of a building.

Third Party Advertising means advertising not relating to the goods or services offered on the site on which the advertising is located.

Under Awning Sign means a sign placed perpendicular to the façade of a building and located under a verandah or awning.

Wall Sign means a sign fixed or painted upon an external wall of a building including a sign located on support pillars and columns or parapets but does not project from the building.

Examples of signage types - Note: restrictions apply to the number of signs per site



POLICY

1. Signs exempt from planning approval

Advertisements which are exempt from the requirements to obtain the Council’s

planning approval are defined as follows.

Note: The Town's Local Government and Public Property Local Law and Temporary

Advertising Signs on Public Property or Road Verges Policy 4.4.7 also apply and

other requirements may also apply to signage which must be adhered to.

Land use

Exempt sign requirements

All buildings excluding residential

One wall sign containing the name, number and address of the building, the purpose for which the building is used and/or the name and address of the managing agent thereof.

Maximum size of 0.2m2.

All sites o Signs not readily visible from any public street or adjoining property, including signs situated inside a building.

o Statutory signs: signs required to be exhibited by, or pursuant to to, any law.

o Temporary Election Signs:

o The sign is to be erected after

the election is called and is to be

removed no later than 48 hours

after the election, referendum or

poll is conducted.

o The sign shall not be located so as to disrupt vehicle sightlines.

o Community Information Signs:

o One sign per street frontage, and a maximum of two signs per site.

o Maximum size of 2.0m2 per sign.

o The sign must be located on the



Land use


same site upon which the event is to be held

o The sign must be only be displayed for up to a month prior to an event and must be removed no later than 3 days after the event.

o The sign shall not be located so as to disrupt vehicle sightlines.

Cinema/theatre Two wall signs detailing the entertainment being presented from time to time at the venue on which the signs are displayed.

Maximum size of 5m2 in total.

Commercial Promotional display in the form of a tethered balloon, blimp, or other similar device to advertise the site

o Maximum period of display 30 days in any 3 month period.

o Maximum of one device or display per site.

o Height of device or display to be no greater than the distance of the tethering point from any site boundary so as to ensure the signage remains above the site to which it relates.

o

o Design and location to not distract drivers, disrupt vehicle sightlines or detract from the amenity of adjacent residential areas or public facilities.

o Tethering to be in a secure part of the site to which the public does not have access.

o Information or display to relate to the business or activities on the site of the advertisement.

Portable Flag Sign

o To be located immediately adjacent to the building to which the sign



Land use


relates but not located so as to obstruct pedestrian, cyclist or vehicle access.

o To be displayed only during the normal business hours of the business to which the sign relates.

o Limited to a maximum of one sign per tenancy on a lot.

o Maximum dimensions of 3.0m high and 1.0m wide.


Commercial/Medical

Ground-based Signs

o To be located immediately adjacent to the building to which the sign relates but not located so as to obstruct pedestrian, cyclist or vehicle access.

o To be displayed only during the normal business hours of the business to which the sign relates.

o Limited to a maximum of one sign per tenancy on a lot.

o Maximum dimensions of 1.0m high and 0.6m wide.


Construction sites (temporary sign)

One sign per site containing details of the project, architect, contractors or builders, displayed only for the duration of construction

The sign shall not be located so as to disrupt vehicle sightlines.

Maximum size of 2.0m2

Place of public worship One sign detailing the name, function and/or activities of the



Land use


institution concerned.

Maximum size of 2.0m2


Property disposal (temporary sign) For each property or dwelling able to be disposed of separately

One sign per street frontage advertising for sale, lease or rent the property on which the sign is situated

Maximum size of 2.0m2 per sign

All signs must be removed on the day of settlement or day of occupation by a tenant or day of completion by builder or owner/builder

The sign must be placed on or behind the boundary of the property (i.e. not on public property or the road verge)


Public parking station, road reserves, cycleways and railway reserves

Signs required for the management and control of traffic or to provide directional or locational information, or information about works or conditions, but does not include advertisement of individual businesses or services.

Public places and reserves (other than road reserves)

One or more signs displaying the name of the place or reserve and any other information relevant to its management or use.

Residential One wall sign identifying the name of the building.

Maximum size of 0.2m2.

Shop, showroom, warehouse, industrial buildings

Signs to be painted or flush-mounted on the building and no more than 5 metres above ground level.

No maximum size provided there is no extension to the building surface.

Information or display to relate to the business or activities on the site of the advertisement.



2. Signs requiring planning approval

The Council’s planning approval is required prior to the erection or display of advertisements other than those listed as exempt in point 1 above. The following information sets out the requirements for these signs, which may be permitted in non-residential zones including the Local Centre, District Centre, Commercial zones and Medical zone.

2.1. All signs

(a) Signs shall display information relating to the site of the advertisement

and shall not advertise third parties for commercial gain.

(b) Illumination of signs including the use of variable message, fibre optic or

LED technology shall only be permitted where the Council is satisfied

that the illumination will not have any detrimental effect upon the

amenity of the area. Signs shall not flash or pulsate or have light of such

intensity, colours or movements so as to cause annoyance to the public

and adjoining sites (particularly residential), or to interfere with traffic

signals. Such signage must only be used to display information relating

to the site of the advertisement.

(c) Signs shall not adversely affect the character or amenity of the area in

which it is to be situated.

(d) Signs shall not feature any profanities or any offensive material.

2.2. Roof sign

(a) A roof sign shall not be permitted on or above a building except where the sign:

(i) is an integral part of the building design and does not project above the roof structure; and

(ii) does not adversely affect the character or amenity of the area in which it is to be situated.

2.3. Wall sign

(a) A wall sign shall not be permitted on a building except where the sign

(i) is integral with the design of the building and flush mounted or painted onto the building; and

(ii) does not adversely affect the character or amenity of the area in which it is to be situated.

2.4. Projecting wall sign

(a) A projecting wall sign shall comply with the following requirements:

(i) there is to be a maximum of one projecting wall sign per lot or along each street frontage of the subject property;

(ii) the sign is to have a minimum clearance of 2.75m from the finished ground level;

(iii) the sign has a maximum length of 2.0m (top to bottom);



(iv) the overall sign height is not to exceed the height of the adjoining wall;

(v) the sign shall not project any more than 1.0m from the wall it is attached to; and

(vi) the sign shall not extend beyond the site boundary.

2.5. Awning sign

(a) An awning sign shall comply with the following requirements:

(i) the area of the sign shall not exceed the area of the awning;

(ii) the sign shall form an integral part of the awning or shall be flush mounted or painted directly onto the awning;

(iii) there is to be a maximum of one awning sign per tenancy; and

(iv) the sign is to have a minimum clearance of 2.75m from the finished ground level.

2.6. Under awning sign

(a) A under awning sign shall comply with the following requirements:

(i) there is to be a maximum of one under awning sign per tenancy;

(ii) the sign is to have a minimum clearance of 2.75m from the finished ground level; and

(iii) the sign shall be at least 600mm from any road kerb in a horizontal dimension.

2.7. Pylon sign

(a) A pylon sign shall comply with the following requirements:

(i) there is to be no more than on pylon or monolith sign per street frontage;

(ii) the sign shall have a maximum height of 6.0m and a minimum clearance of 2.75m from the finished ground level;

(iii) the maximum area of the sign shall be 5.0m2;

(iv) the sign shall be at least 5.0m from adjoining properties;

(v) the sign shall not extend beyond the site boundary;

(vi) the sign shall be aligned at a right angle to the street;

(vii) the sign shall not interfere with vehicle sight lines or pedestrian safety;

(viii) if illuminated, the sign shall be at least 30.0m from traffic signals;

2.8. Monolith sign

(a) A monolith sign shall comply with the following requirements:

(i) there is to be no more than one pylon or monolith sign per street frontage;

(ii) the sign shall have a maximum height of 4.0m from the finished ground level;



(iii) the width of the structure shall be no greater than 1.5m and the depth shall be no greater than 0.5m;

(iv) the sign shall be at least 2.0m from adjoining properties;

(v) the sign shall not extend beyond the site boundary;

(vi) the sign shall not interfere with vehicle sight lines or pedestrian safety and shall not be located within 1.5m of a crossover;

(vii) if illuminated, the sign shall be at least 30.0m from traffic signals;

2.9. Fence sign

(a) A fence sign shall comply with the following requirements:

(i) the sign shall have a maximum height of 1.0m and shall not exceed the height of the fence;

(ii) the sign shall be at least 5.0m from adjoining properties;

(iii) the sign is a maximum area of 5.0m2 for every 20 metres of street frontage of the property or fence length along the property;

(iv) the sign shall not project from the fence and should be flush mounted, painted onto or directly affixed onto the fence.

2.10. Flag sign

(a) A non-portable flag sign shall comply with the following requirements:

(i) there shall be a maximum of two flags per property;

(ii) each flag shall have a maximum area of 1.5m2;

(iii) the flag shall be at least 5.0m from adjacent sites; and

(iv) the sign is to have a minimum clearance of 2.75m from the finished ground level.

2.11. Hoarding Sign

(a) A hoarding sign shall comply with the following requirements:

(i) there shall be a maximum of one sign per street frontage of the lot;

(ii) the sign shall have a maximum area of 20m2;

(iii) the sign shall be at least 5.0m from adjacent sites;

(iv) the sign shall not extend beyond the site boundary;

(v) the sign is to be no less than 1.2 metres or greater than 6.0m from finished ground level; and

(vi) the sign shall not interfere with vehicle sight lines or pedestrian safety.

2.12. Billboard and Electronic Billboard sign

(a) Billboard and Electronic Billboard signs are not permitted on private property.

Adopted: 13 October 2009 Amended: 26 April 2016


144 5. Ancillary Uses and Development 5.3. Landscaping and Water Sensitive Urban Design

Policy 5.3: Landscaping and Water Sensitive Urban Design

INTRODUCTION

Landscaping is an essential element of good urban design with the potential to enhance the built form, by complementing architectural design and providing a buffer to reduce visual conflict resulting from un-coordinated development of individual sites. Suitable species of trees in the urban environment can provide shade for pedestrians and cars, reduce ambient temperatures and contribute to the overall amenity and character of our urban areas. In addition, landscaped areas can contribute towards the recharge of underground water systems, improve the quality of stormwater runoff and reduce peak stormwater flows for the benefit of our surface water systems.

AIM

To promote more effective use of landscaping as a means of enhancing the character and amenity of the urban area and more sustainable management of ground and surface water resources.

POLICY

1. Unless buildings are constructed up to the street alignment, all new commercial or industrial development is to be provided with a landscape strip adjacent to the road frontage of at least 1.0 metre in width, such area to be used for the planting of trees and shrubs to enhance the visual amenity of the building as viewed from the street.

2. Where landscaping is incorporated in development, the landscaping shall be reticulated and should preferably include waterwise species.

3. All open air car parking areas shall be landscaped by the planting of shade trees along car parking rows, with a minimum spacing of 10 metres unless otherwise approved by the Council where such spacing can be demonstrated to be impractical in the circumstances of the particular development.

4. Unless it can be demonstrated to be impractical in the particular circumstances, all open air hard standing areas shall be drained into a landscape area so as to maximise stormwater recharge and minimise the export of water borne pollutants to the surface water system. Where there is inadequate recharge capacity for designated rates of runoff, drainage outlets and/or compensation areas should be provided to accommodate any overflow, but should not be such as to intercept normal runoff from low intensity storm events.

5. In the case of all new commercial or industrial development, the application shall be accompanied by a landscape plan showing the areas proposed to be landscaped and the particular planting proposed.

6. Where a landscape plan has been prepared and approved as part of a planning application, any subsequent development in accordance with the Council’s approval shall be subject to implementation of the landscape plan, including the establishment of a suitable watering system and a program for ongoing maintenance.



145 5. Ancillary Uses and Development 5.4. Communications Antennae

Policy 5.4: Communications Antennae

INTRODUCTION

Communications antennae are provided for in the Town Planning Scheme, and are divided into two separate classes, being:

domestic communications antennae; and

commercial communications antennae.

The Scheme provides for discretionary control over both domestic and commercial communications antennae and also provides for the exemption from the requirement to obtain planning approval for those antennae identified clause 33 of the Town Planning Scheme and Policy 2.1: Minor Use and Development Exempt from Planning Approval.

DEFINITIONS

Communications antennae (domestic) means any mast, antennae, aerial, satellite dish and other associated equipment used for the reception or transmission of television or radio signals or for other electronic communications where such device is consistent with the predominant style and size of other such devices in the locality, and provided that neither its vertical nor horizontal dimensions exceed one metre.

Communications antennae (commercial) means any mast, antennae, aerial, satellite dish and other associated equipment used for the reception or transmission of television or radio signals or for other electronic communications where its vertical or horizontal dimensions exceed one metre but does not include telecommunications infrastructure.

AIMS

To identify those circumstances in which communications antennae are exempt from the requirement to obtain the Council’s planning approval.

To provide guidance for the assessment of applications for communications antennae which involve the exercise of the Council’s discretion under the Town Planning Scheme.

POLICY

1. Communications antennae exempt from planning approval

1.1 Communications antennae (commercial)

The erection of a communications antenna (commercial) in any non-residential zone is exempt from the requirement to obtain the Council’s planning approval, provided it meets all of the following criteria:

(a) the overall height of the structure does not exceed that of the building to which it is attached or with which it is associated;

(b) neither its vertical nor horizontal dimension exceeds 2.5 metres; and


146 5. Ancillary Uses and Development 5.4. Communications Antennae

(c) the antenna is not located on the façade or that portion of the roof which faces the street.

1.2 Communications antennae (domestic)

The erection of a communications antenna (domestic), other than a traditional television aerial, in a Residential or Residential/Commercial zone is exempt from the requirement to obtain the Council’s planning approval, provided neither its vertical nor horizontal dimension exceeds 1.0 metre.

1.3 Other communications facilities

Other communications facilities exempt from the requirement to obtain the Council’s planning approval, include:

(a) television aerials provided they do not have a dimension greater than 2.5 metres or extend above the roof line by more than 2.5 metres;

(b) mobile communication facilities temporarily located at any one place for a period not exceeding one week; and

(c) emergency service communication equipment operated by a public authority acting in accordance with its statutory responsibilities.

2. Communications antennae requiring planning approval

In considering applications for communications antennae which fall outside the requirements for exemption as provided for above, applicants shall be required to address the following criteria, which shall be the basis for assessment and determination:

(a) the size limitations (if any) which apply under the Town Planning Scheme;

(b) the impact on the amenity of the area in which the communications antennae is to be erected, with particular reference to visual impact;

(c) the potential impact on the reception of telecommunications signals by other owners and occupiers in the vicinity of the site;

(d) the comments of any adjacent owners or occupiers in response to notification of the application in accordance with Policy 2.3: Public Notification and Advertising Procedures; and

(e) the statement of intent set out in the relevant precinct planning policy.


147 5. Ancillary Uses and Development 5.5. Telecommunications Infrastructure

Policy 5.5: Telecommunications Infrastructure

INTRODUCTION

Under the Town Planning Scheme, telecommunications infrastructure is a prohibited form of development in the Residential, Residential/Commercial and Medical zones but is a discretionary use in a Commercial zone. Such infrastructure may also be considered on reserved land, including Town Reserves, Regional Reserves and Road Reserves.

Procedures have been established under the Telecommunications Act 1997 for infrastructure providers to consult with affected persons and agencies, including the Council, prior to the erection and/or installation of certain types of infrastructure, and these are set out in the Telecommunications Code of Practice 1997. The Code recognises the importance of local government input into the decision-making process and provides an opportunity for Councils to guide the development of telecommunications infrastructure so as to minimise the impact of such facilities.

The Telecommunications Act is also supplemented by the Telecommunications (Low-impact Facilities) Determination 1997, which defines those classes of telecommunications infrastructure which are considered to have minimal impact. These vary according to the zone in which the infrastructure is proposed, so that a particular activity that might be classed as low impact in one zone, may not be a low impact facility in another zone. The order of sensitivity of the zones ranges from areas of environmental significance having the highest sensitivity, through residential, commercial and industrial, with rural zones having the lowest sensitivity.

DEFINITION

Telecommunications infrastructure means any part of infrastructure of a telecommunications network and includes any line, equipment, apparatus, tower, antenna, tunnel, duct, hole, pit or other structure used, or for use, in or in connection with a telecommunications network.

AIM

To provide guidance to telecommunication service providers concerning the installation of infrastructure and to facilitate the provision of telecommunication services to the community.

POLICY

1. Telecommunications infrastructure exempt from planning approval

The installation of low impact facilities as defined under Part 3 of the Telecommunications (Low-impact Facilities) Determination 1997, is deemed to be a minor form of development and is exempt under Commonwealth legislation from the requirement to obtain the Council’s planning approval.



2. Telecommunications infrastructure requiring planning approval

(a) Where a telecommunications service provider proposes to develop infrastructure other than that listed in point 1 above, applicants shall be required to address the following criteria, which shall be the basis for the Council’s assessment:

(i) the availability of existing structures which may be suitable to accommodate the communications infrastructure, whether belonging to the proponent, another service provider or other person;

(ii) the need to minimise any impact of the amenity of the locality, taking into consideration the visibility of the structure from any residential area or public place and any natural environmental or conservation values;

(iii) the design and colour of the proposed structure and its relationship with the adjacent environment or associated building and the use of neutral non-reflective compatible colours;

(iv) the intensity and wavelength of any transmission and its relationship to the Australian Standards applicable to emission of electromagnetic radiation;

(v) the nature of adjacent land uses and the existing or likely future occupancy of adjacent sites, with reference to the levels of exposure to electromagnetic radiation likely to be experienced and the susceptibility of persons exposed;

(vi) any direct benefits to the community which are likely to accrue from the proposed works, including improved quality of telecommunications signals and expansion of access to information sources;

(vii) the design of the structure and its ability to provide for the future location of additional facilities or structures;

(viii) the retention of surrounding vegetation as far as possible. Any new landscaping should include advanced species of vegetation found in the surrounding area, unless otherwise determined by Council;

(ix) if the structure/facility is to be upgraded, all obsolete telecommunications infrastructure should be removed and the land reinstated with landscaping; and

(x) any comments received in response to the notification of the proposal in accordance with Policy 2.3: Public Notification and Advertising Procedures or such other notification which may be required in accordance with the Telecommunications Code of Practice.

(b) In general the Council will not support the erection of tower structures for the transmission of telecommunication signals in the immediate vicinity of any residential site, school, preschool, kindergarten or health clinic which is used on a regular basis.



(c) In general the Council will not support the erection of telecommunication towers other than those involving a single pole and with a maximum height of 20 metres above natural ground level if freestanding, or 10 metres above the roof of a commercial or industrial building if erected on the roof of such a building.

(d) Preference will be given to infrastructure which is integrated with building structures rather than freestanding structures, and consideration should be given by proponents to the use of design and colour to minimise the visual impact of facilities.

(e) Council will not support the use of existing overhead electricity poles for the support of overhead telecommunication cabling, but will support and facilitate the undergrounding of existing electricity supplies in association with telecommunication lines.

(f) Council may consult with other telecommunication carriers to establish whether similar facilities are proposed in the area.



150 5. Ancillary Uses and Development 5.6. Percent for Public Art

Policy 5.6: Percent for Public Art

INTRODUCTION

The provision of public art contributes towards a sense of place and to community identity and can enliven and enhance the visual amenity of the public domain. The heritage of a place and its interpretation can also be reinforced through public art.

The Town seeks to promote the provision of public art as part of private development through the application of a percent for public art policy.


This policy applies to all applications for commercial, non-residential and mixed use developments with a construction cost of $1 million or more throughout the Town. Classes of development excluded from the policy are applications for demolition and/or infrastructure projects only.

AIMS

To enhance a sense of place by encouraging public art forms.

To improve the legibility of streets, open spaces and buildings through the provision of public art.

To enrich the visual amenity of public places.

To allow for the interpretation of cultural, environmental and/or built heritage.

To improve the functionality of the public domain through the use of public art including appropriate street furniture.

To establish a clear and equitable approach for the provision of public art as part of the development process.

DEFINITIONS

For the purpose of this policy, the following definitions apply. For other definitions, the Town Planning Scheme definitions apply.

Public art means an artistic work that:

(i) is permanent in nature, and constructed of materials which can be maintained and repaired if necessary, including metal, wood, plastic, paint or any other durable material;

(ii) is either freestanding or integrated into the exterior of a building or other structure;

(iii) is created and located for public accessibility, either within the public realm or within view of the public realm, such as the street, park, urban plaza or public building; and

(iv) has been designed by an artist or has been designed through a process overseen by an artist.

Construction value means the estimated cost of the equipment, financing, services and utilities that are required to carry out a development but does not include the cost



of land acquisition. The Town will generally accept this to be the same as the estimated cost of development stated by the applicant on the building permit application.

Artist for the purposes of this policy means a person who meets any of the following criteria:

(i) a person who has obtained a Bachelor Degree or Diploma in visual arts or any similar field or who is undertaking studies towards these qualifications;

(ii) a person who has a track record of exhibiting and/or selling their own original artwork;

(iii) a person who has had their own original artwork purchased by major public collections;

(iv) a person who earns more than 50% of their income from arts related activities such as teaching art and selling their own artwork;

(v) a person who has secured work or consultancies in the arts field on the basis of professional expertise; or

(vi) a person who has expertise in creating the form of public art proposed by an applicant or the Council under this policy.

POLICY

1. Amount of public art contribution

1.1. The cost of any public art provided for under this policy shall be no less than one percent of the construction value of the development.

1.2. Notwithstanding Clause 1.1, a single development shall not be required to provide or contribute any more than $500,000 in public art costs.

1.3. The costs associated with the production of public art may include:

(i) artist's budget, including artist fees, material, assistant's labour costs, insurance, permits, taxes, business and legal expenses, operating costs, and art consultant's fees if these are necessary and reasonable;

(ii) fabrication and installation of artwork;

(iii) site preparation specifically relating to the public artworks;

(iv) structures enabling the artist to display the artwork, excluding those structures required for the development;

(v) documentation of the artwork; and

(vi) acknowledgement plaque identifying the artist, artwork and development.

2. Form of public art contribution

2.1. On submission of a development application the proponent must nominate the way in which the public art contribution will be met for consideration by Council.



2.2. At the discretion of Council the proponent will meet their public art contribution in one or more of the following ways:

(i) by establishing public art "on-site" as a component of their development;

(ii) by providing public art in the vicinity of the site in the public realm; or

(iii) by providing cash-in-lieu to the amount specified within the development condition.

3. General standards for public artworks

3.1. Where the proponent provides public art, it shall be provided on site or within the public realm immediately adjacent to the site. Where located on site, the public art is to be clearly seen from the public realm.

3.2. The public art shall contribute to an attractive, stimulating and functional environment and not detract from the amenity or safety of the public realm.

3.3. The public art shall be specifically designed for, and be suitable for, the building or site where it is to be located and contribute towards the sense of place for that locality.

3.4. The public art shall be of high aesthetic quality, low maintenance, durable and resistant to vandalism and must be maintained during the continuation of the development.

3.5. The public art shall be original and be designed and created or overseen by an artist/s.

3.6. The public art must be considered by the Town to be safe and not have the potential to cause injury or hazard to any person or animal.

3.7. The public art must be designed and sited to avoid encouraging criminal activity on the site such that it should not be used for assistance in unauthorised entry or conceal any person.

3.8. The public art must not be considered by the Town to be obscene or offensive in any manner.

3.9. The public art shall be consistent with any public art strategy prepared by the Town for the relevant area/precinct, where applicable.

4. Forms of public art

4.1. Public artworks may take the following forms:

(i) building features and enhancements such as bicycle racks, gates and lighting;

(ii) components of public spaces such as benches, fountains, playground structures, shade shelters, lighting, screening, artistic paving and special planting which is an integral part of the space and contributes towards its artistic value and quality;

(iii) landscape art enhancements such as walkways, bridges, green-walls or art features within landscaping;



(iv) murals, tiles or mosaics covering walls, floors and walkways;

(v) sculpture in durable materials;

(vi) fibre works, neon or glass works, photographs and prints; or

(vii) community arts projects resulting in tangible artwork.

4.2. The art project may be an interpretation of cultural heritage and the Town may also consider alternative art projects including community arts programs, which involve the public and the incorporation of a cultural space that comprises a visual or performing arts space.

4.3. Public art should be made accessible to all members of the community, irrespective of age and abilities. Public art can be tactile, as well as being visual. Public art need not be monumental but can be at heights suitable for people to touch, move through and explore. Public art may be interactive play objects for family groups and children, where appropriate. Interpretive signage in an easy to read format (including Braille) will allow public art to be inclusive of all members of the community.

5. Exclusions to public art

5.1. The public art must not include any promotional or advertising material either for the proposed development or any other business, product or development, mass produced art objects or art reproductions.

5.2. The public art must not include elements which would normally be associated with the development, or be any form of services or utilities.

6. Approval process for public art contributions

6.1. The Council will appoint a Town of Cambridge Public Art Committee comprising of three Elected Members.

6.2. Where Council determines that the proponent will provide the public art, the proponent shall submit a Public Art Report to the Public Art Committee which addresses the criteria outlined under Clause 11 of this policy. The Public Art Report may be submitted with the development application or may be submitted after development approval has been granted. The Public Art Report will be required to be approved by the Public Art Committee prior to the lodgement of a building permit application for the given development.

6.3. All of the documentation contained in the Public Art Report is to be submitted to the Public Art Committee for consideration and approval. The Public Art Report will be considered by the Public Art Committee and the proponent will be notified of its approval or refusal no later than 30 days from the date of submission (or such other period agreed by the proponent). If modifications are recommended the Public Art Committee will liaise with the proponent prior to making any final decision on the proposal.

6.4. Where the Council has determined the proponent will provide the public art contribution, and the Public Art Committee considers that the Public Art Report fails to meet the objectives and criteria outlined in this policy,



the proponent may be directed to provide more detailed plans, modifications to plans or provide a cash-in-lieu contribution.

6.5. Council may apply further conditions regarding the proposed public artworks on the original development approval.

6.6. Public art in fulfilment of a condition of planning approval shall not require a further development application. Where the public art entails structural elements a building permit application will be required.

6.7. The proponent will be required to forward copies of the artist's contract, maintenance schedule and artist contact to the Town at the commencement of the art project.

6.8. Where provided by the proponent, the public art must be installed prior to the issue of an Occupancy Permit.

6.9. A notification pursuant to Section 70A of the Transfer of Land Act is to be lodged against the certificate of title to the land on which public art is located to make the proprietors and prospective purchasers aware of requirements to maintain the public art.

6.10. Where development does not proceed within the timeframe for which planning approval is granted (24 months), the requirement for public art will no longer apply.

7. Collection and expenditure of cash-in-lieu for public art

7.1. Cash-in-lieu shall be paid into Council's Public Arts Fund.

7.2. Where applicable, the Town is to have received the cash-in-lieu contribution prior to the issue of an Occupancy Permit.

7.3. Funds are to only be expended on public art located on public land within the vicinity of the development (for instance adjacent to or within the centre in which the development is located) unless otherwise agreed between the proponent and the Public Art Committee.

7.4. Cash-in-lieu funds may be accrued for more comprehensive public art projects as determined by the Town.

7.5. Cash-in-lieu funds may be used towards maintenance of public artworks.

7.6. Cash-in-lieu funds must be utilised by the Town within 3 years of the date which they were received, or such longer period as agreed by the person who made the contribution. In the event the funds are not spent within the period, the contribution shall be returned to the person who made it.

7.7. Funds will be refunded to the owner/applicant in the event the development does not proceed.

8. Copyright and ownership of public art

8.1. Once an artwork has been completed and accepted by the Town, copyright will be held jointly by the Town and the artist. In practical terms this means that the Town has the right to reproduce extracts from the



design documentation and photographic images of the public art for non-commercial purposes (such as annual reports, information brochures). The artist will have the right to reproduce extracts from the design documentation or photographic images of the public art in books or other publications associated with the artist or artwork.

8.2. Where situated on private property, the public art is owned and maintained by the owner. Where situated on public property, the public art is owned and maintained by the Town.

9. Moral rights and acknowledgement of artwork

9.1. Since 2000 moral rights legislation has protected artists. In brief, an artist’s moral rights are infringed if their work is not attributed or credited; their work is falsely attributed to someone else; or their work is treated in a derogatory way by distorting, modifying or removing it without their knowledge or consent.

In practical terms this means that the Town cannot change an artwork in any way without seeking the artist’s permission; likewise, cannot remove or relocate the artwork without seeking the artist’s permission. A reasonable attempt to find the artist must be provided. The Town will take special care to ensure that acts of restoration or preservation (of artworks) will be conducted in a sensitive manner with prior consultation with the artist/s. Wherever possible, preservation or restorative works should be carried out by professional conservators.

Special care will also be taken with the moral rights associated with works created by more than one artist, in that it is acknowledged that collaborators on artistic creations can take different views on issues such as relocation and restoration.

9.2. In line with moral rights legislation, the proponent will install a plaque or plate near each artwork, acknowledging the name of the artist, and the name of the person, agency or company who funded the artwork.

9.3. Should the public arts work become a safety hazard, the Town may undertake necessary emergency action to alter or remove the artwork without consultation with the artist.

10. Decommissioning of public artwork

10.1. The Town may decide to remove an artwork because it is in an advanced state of disrepair or damage or because the public art is no longer considered suitable for the location. In such cases, the Town will prepare a documented archival record of the public art prior to its removal.

11. Public Art Report guidelines

11.1. The Public Art Report is to include:

(i) Details of the artist's qualification, experience and suitability to the project.



(ii) Design documentation - including research, concept development and a detailed statement addressing compliance with this Percent for Public Art Policy and Public Art Strategy (where applicable).

(iii) Detailed plans of the public art. Plans are to be to scale and include dimensions, materials, colours and installation details.

(iv) Plans showing location of proposed public art.

(v) Details of cost calculations including construction cost and the public art contributions costs, in accordance with this policy.

(vi) For public art to be located on or over the public land, written consent of the landowner and/or authority with management control of the land.

(vii) Details of requirements and written consent from the artist for any ongoing care or maintenance of the artwork by the owner or Town.

Adopted: 22 May 2012 Amended: 15 October 2013


157 5. Ancillary Uses and Development 5.7. Construction Management Plans

Policy 5.7: Construction Management Plans

OBJECTIVES

1. To ensure that all major commercial, industrial, large residential development projects and any other developments which the Town considers appropriate, in the Town of Cambridge are appropriately managed, in the interest of safety, health and amenity of all residents, property and the community.

2. To acknowledge responsibilities and provide guidance to builders and developers as to their important role in the effective management of excavation, demolition work and building work.

3. To provide a framework to ensure that commercial, industrial, or large residential development projects are appropriately managed to minimise:

(a) any adverse impact on adjacent properties and their occupants;

(b) any adverse impact on traffic and/or the environment in the surrounding area; and

(c) the likelihood of damage to local government property which may require remediation, reinstatement of rectification works, and the likelihood of damage to street trees which may require repair or replacement.

DEFINITIONS

In this policy, the following words have the following meanings:

‘building work’ has the same meaning as under the Building Act 2011 (WA), being:

“(a) the construction, erection, assembly or placement of a building or an incidental structure; or

(b) the renovation, alteration, extension, improvement or repair of a building or an incidental structure; or

(c) the assembly, reassembly or securing of a relocated building or a relocated incidental structure; or

(d) the changing of ground levels of land for the purposes of work of a kind mentioned in paragraph (a), (b) or (c) to an extent that could adversely affect land beyond its boundaries; or

(e) site work on any land for the purposes of, or required because of, work of a kind mentioned in —

(i) paragraph (a), (b), (c) or (d); or

(ii) paragraph (a) or (b) of the definition of demolition work;

or

(f) other prescribed work,

but does not include work of a kind prescribed for the purposes of this definition as not being building work;”

‘demolition work’ has the same meaning as under the Building Act 2011 (WA), being:



“(a) the demolition, dismantling or removal of a building or an incidental

structure; or

(b) the changing of ground levels for the purposes of work of a kind mentioned

in paragraph (a) to an extent that could adversely affect land owned by a

person other than an owner of the land on which the building or incidental

structure that is the subject of the demolition work is located; or

(c) other prescribed work,

but does not include work of a kind prescribed for the purposes of this definition as

not being demolition work;”

‘development’ has the same meaning as under the Planning and Development Act 2005 (WA), being:

“the development or use of any land, including –

(a) any demolition, erection, construction, alteration of or addition to any building

or structure on the land;

(b) the carrying out on the land of any excavation or other works;

(c) in the case of a place to which a Conservation Order made under section 59

of the Heritage of Western Australia Act 1990 applies, any act or thing that –

(i) is likely to change the character of that place or the external

appearance of any building; or

(ii) would constitute an irreversible alteration of the fabric of any building;”

'local government property' has the same meaning as under the Local Government Act 1995 (WA), being:

"means anything, whether land or not, that belongs to, or is vested in, or under the

care control or management of, the local government."

POLICY

1. Requirement for Construction Management Plans

1.1 The Town requires careful management of major commercial, industrial, or large residential development projects and any other developments which the Town considers appropriate, within the Town.

1.2 To ensure that appropriate consideration is given to the planning and on-going management of commercial, industrial, and large residential development projects (and any other developments which the Town considers appropriate), the Town will ensure that builders and/or developers are required to submit a Construction Management Plan to the Town for approval, for all commercial, industrial and large residential development projects (and any other developments for which the Town considers such a plan appropriate).

1.3 The requirement for a Construction Management Plan may be specifically stated in the planning approval for a site, or otherwise required by the Town, depending upon the presence of:

(a) basement excavations;



(b) demolition of more than two (2) storeys;

(c) external works with a value greater than $1 million;

(d) where traffic or pedestrian management measures are required;

(e) where there is a likelihood of damage to local government property; and

(f) any other case where the Town considers that a Construction Management Plan should be provided due to the nature of the work or locality or where the amenity of the area is likely to be disrupted or adversely affected.

The need for a Construction Management Plan will depend on the nature of work, likelihood of disruptions, impact on local amenity, dangers or risks involved, traffic management or any other relevant issue required to be addressed under the Planning and Building Approvals.

1.4 The Construction Management Plan must be approved by the Town prior to the earliest to occur of the following in relation to the development site:

1. the submission of an application for a building permit or demolition permit under the Building Act 2011; and

2. the commencement of any development.

1.5 The Town will ensure that builders and developers must comply with the Construction Management Plan as approved by the Town at all times during the development.

1.6 To give effect to the above, the Town will usually impose the following conditions (or conditions of a similar nature) on development approvals for all commercial, industrial, or large residential development projects (and any other developments for which the Town considers the imposition of such conditions to be appropriate):

“1. Prior to the submission of an application for a building permit or a demolition permit, or the commencement of development, whichever is earlier, a Construction Management Plan must be submitted to, and approved by, the Town. The Construction Management Plan must address the following issues, where applicable:

a) public safety and amenity;

b) site plan and security;

c) contact details of essential site personnel, construction period

and operating hours;

d) community information, consultation and complaints

Management Plan;

e) noise, vibration, air and dust management;

f) dilapidation reports of nearby properties;

g) traffic, access and parking management;

h) waste management and materials re-use;

i) earthworks, excavation, land retention/piling and associated

matters;

j) stormwater and sediment control;



k) street tree management and protection;

l) asbestos removal management plan; and

m) any other matters deemed appropriate by the Town.

2. The Construction Management Plan as approved by the Town must be complied with at all times during development.”

1.7 See also below at clause 3.5 of this policy regarding the usual condition relating to Secure Sums.

1.8 Not all developments are the same, and the Town must ensure that it deals with each development application on its merits. Therefore the Town will not simply impose conditions in the precise terms set out in clause 1.6 of this policy in all cases, but rather will impose conditions that are relevant to the particular development application under consideration.

1.9 To ensure ongoing compliance with the Construction Management Plan, it is important that a condition in the form of standard condition 2 (at clause 1.6 of this policy) is imposed.

2. Content of Construction Management Plans

2.1 The Construction Management Plan will deal with the management of the demolition, excavation and construction processes, with particular emphasis on the issues set out in the standard condition at clause 1.6 of this policy and any other requirements set out in the actual condition imposed on the relevant development approval.

2.2 A pro-forma Construction Management Plan Guideline and Application Form will be made available to guide developers and builders in the preparation of Construction Management Plans.

2.3 Approved Construction Management Plans will be made available for inspection by members of the public at the Town’s Administration and Civic Centre and on the Town's website and can be distributed by mail, email or facsimile, upon request.

3. Payment of Secure Sums

3.1 The Town requires careful management of the risk of developments causing damage to local government property and street trees. Damage caused by developments may require remediation, reinstatement or rectification works with respect to local government property (Remediation Works) to be undertaken by the Town.

3.2 To ensure that the risk of developments causing damage to local government property and street trees is adequately managed, the Town may require the payment of security moneys (Secure Sums), along with the relevant administration fee, for the following purposes:

(a) in the event that Remediation Works are required, as a result of the development; and

(b) for any street tree which may be affected by the development, in the event that repair or replacement of street trees is required, as a result of the development.



3.3 The Secure Sums must be paid to the Town, prior to the earliest to occur of the following in relation to the development site:

(a) the submission of an application for a building permit or demolition permit under the Building Act 2011; and

(b) the commencement of any development.

3.4 The Secure Sums will be paid into a separate account established by the Town specifically for this purpose.

3.5 To give effect to the above, the Town will usually impose the following condition (or a condition of a similar nature) on approvals for any developments which the Town considers appropriate:

1 Prior to the submission of an application for a building permit or a demolition permit, or the commencement of development, whichever is earlier, the following security moneys (including the appropriate administration fee) must be paid to the Town:

(a) [insert amount], in the event that any remediation, reinstatement or rectification works is required with respect to any local government property, as a result of the development; and

(b) [insert amount], for any street tree which may be affected by the development, in the event that repair or replacement of street trees is required, as a result of the development.

3.6 The appropriate amount of Secure Sums for various developments is set out at clauses 3.7 and 3.11 of this policy.

Remediation works

3.7 When the Town is considering imposing a condition requiring Secure Sums for Remediation Works on a development approval, it will consider the total value of the development itself. The amount of Secure Sums required for Remediation Works should be determined as follows:

Total value of development Administration fee Secure Sums

Up to $20,000 Not required Not required

$20,001 - $100,000 $110 $700

$100,001 - $500,000 $220 $1,500

$500,001 - $1,000,000 $220 $2,500

$1,000,001 - $5,000,000 $220 $5,000

$5,000,001 - $10,000,000 $220 $10,000

Greater than $10,000,000 $220 $25,000

3.8 If the Town determines that Remediation Works are required, as a result of the development, the Town can serve a notice on the builder or developer, requiring it to carry out Remediation Works within a period of time specified in the notice.



3.9 If the Remediation Works are not carried within the period of time specified in the notice, the Town may then carry out the Remediation Works itself, and apply the proceeds of the Secure Sums for Remediation Works to meet the costs of these works.

3.10 If the Town, in undertaking the Remediation Works, incurs any costs additional to the Secure Sums for Remediation Works, the Town should require that the builder or developer pay to the Town these additional costs.

Street trees

3.11 When the Town is considering imposing a condition requiring Secure Sums for street trees on a development approval, it will consider the:

number of street trees which may be affected by the development,

height of each tree;

condition of each tree; and

species and significance/rarity/heritage of each tree.

The amount of Secure Sums required for street trees will be determined as follows:

Commercial developments

Height of street tree Administration fee Secure Sums per tree

Less than 3 metres in height $25 $1,250

3 to 5 metres in height $25 $2,500

More than 5 metres in height $25 $5,000

Residential developments

Height of street tree Administration fee Secure Sums per tree

Less than 3 metres in height $25 $1,000

3 to 5 metres in height $25 $1,000

More than 5 metres in height $25 $1,000

3.12 If the development causes any damage to any street tree, the Town can apply the proceeds of the Secure Sums for street trees to meet the costs of any repair or replacement of a street tree.

4. Enforcement and penalties

4.1 If a condition requiring a Construction Management Plan and/or Secure Sums has been imposed on a development approval, the Town will not assess any applications for a building permit or demolition permit until such time as a Construction Management Plan has been submitted to and approved by the Town, and/or the Secure Sums have been paid to the Town.

4.2 If a condition requiring a Construction Management Plan and/or Secure Sums has been imposed on a development approval, and the developer/builder:



(a) commences development before a Construction Management Plan has been submitted to and approved by the Town, and/or Secure Sums paid to the Town; or

(b) does not comply with any requirement of the Construction Management Plan as approved by the Town at any time during development;

the developer/builder will have carried out development otherwise than in accordance with a condition of development approval. Certain enforcement options are available to the Town under the Planning and Development Act 2005 (WA) (P&D Act), including but not limited to the following:

(a) issuing a Planning Infringement Notice ($500) for any minor breaches;

(b) issuing a written direction to stop the development for any major breaches; and/or

(c) prosecuting the developer/builder for carrying out development otherwise than in accordance with the conditions of the development approval.

Issuing a written direction to stop development

4.3 The Town can issue a written direction to the person undertaking development to stop, and not recommence, that development, under section 214(2) of the P&D Act.

4.4 A person who fails to comply with such a direction commits an offence under section 214(7) of the P&D Act, and the Town can prosecute that person in the Magistrates Court.

4.5 The maximum penalty for such an offence is a fine of $200,000 (for an individual; more for a corporation), and in the case of a continuing offence, a further maximum fine of $25,000 (for an individual) for each day during which the offence continues, under section 223 of the P&D Act.

4.6 If the offender is a corporation, the maximum penalties are multiplied by five (under section 40(5) of the Sentencing Act 1995 (WA)). That is, the maximum penalty for the offence is a fine of $1,000,000, and in the case of a continuing offence, a further maximum fine of $125,000 for each day during which the offence continues.

Direct prosecution

4.7 Even without issuing a written direction, the Town can prosecute the developer/builder for carrying out development otherwise than in accordance with a condition of development approval, which is an offence under section 218(c) of the P&D Act.

4.8 The maximum penalties for such an offence are the same as outlined above in clauses 4.5 and 4.6.

Adopted: 22 September 2015


164 6. Precincts 6.1. Precinct P1: City Beach Precinct

6 PRECINCTS

Policy 6.1: Precinct P1: City Beach

INTRODUCTION

The City Beach Precinct comprises predominantly low density, single dwellings with two local shopping centres and a small area where grouped dwellings are permitted. The precinct also contains coastal areas, parklands and bushland that will continue to be preserved and maintained for passive and active recreational pursuits.

The following policy provides statements of intent and development standards for each zone in the precinct, which, in addition to any other relevant policy, are to be used to assess applications for development within the precinct. Policy requirements under all other sections of the Policy Manual also apply unless specifically varied in the precinct policy.


This policy applies to development in the City Beach Precinct (see map below).



1. RESIDENTIAL ZONE

1.1. Statement of intent

These areas are to be maintained for low and medium density residential development in accordance with the development standards specified for Residential R12.5, Residential R20, Residential R30 and Residential R30/40. These dwelling density classifications will result in single dwellings occupying the majority of the precinct, with grouped dwellings permitted in a few locations.

A limited number of non-residential uses such as local shops, child care facilities, recreation areas and primary schools are also appropriate where they serve the immediate day to day needs of local residents and are an integral part of the residential environment. These uses will only be supported by Council where they are small in scale and are not likely to cause any significant disturbance to adjacent residences or the residential character of the area.

1.2. Development standards

Development shall be in accordance with the Residential Design Codes, Town Planning Scheme, any relevant planning policies contained in this manual, the design guidelines for the R30/40 area (Ocean Mia) and Local Law 43 (Building on Endowment Lands and Limekilns Estate) (see Schedule 3).

2. LOCAL CENTRE ZONE


A range of low scale, low intensity uses serving the day to day needs of the neighbourhood will be permitted in these locations. Residential development may also be permitted.

The centres are modern (contained) centres on large sites well set back from surrounding streets and should be maintained at a high standard reflecting the quality of the nearby residential areas. Any new development should be of a low scale, reflecting the original scale of retail development.

Uses must be compatible with adjacent residential properties, and careful control will be exercised over the nature of any uses proposed and their design and layout to minimise any undue adverse impact.

New buildings shall be provided with continuous weather protection for pedestrians. Additionally, adequate car parking must be provided to ensure that vehicles requiring parking to access local shopping facilities do not encroach into residential streets or onto adjacent major roads. Bicycle parking facilities and safety issues should also be taken into account in the design of parking areas.


1. Development shall be in accordance with the relevant planning policies contained in this policy manual.



2. In addition, the following standards apply:

(a) Plot ratio:

Buildings shall have a maximum plot ratio of 0.5:1.

(b) Setbacks:

Buildings shall be set back from the street alignment such distance as is generally consistent with the building setback requirements on adjoining land.

(c) Verandahs/awnings:

Buildings shall be provided with continuous and consistent verandahs/awnings to ensure adequate weather protection for pedestrians and enhance the streetscape.

(d) Residential density:

Residential density shall comply with the Residential Design Codes site area requirements for R30.

3. RESERVES


A significant portion of the land within this precinct is reserved under the Metropolitan Region Scheme for ‘Public Purposes’ and 'Parks and Recreation’ and as such, falls within the planning authority of the Western Australian Planning Commission.

The Council nevertheless has management responsibilities for some of these areas, as well as having the opportunity to comment on all development and in this regard the following matters will be taken into account.


The areas within this precinct which are reserved under the provisions of the Metropolitan Region Scheme and are key elements of the precinct are the coastal areas and dunes, a portion of Bold Park and the grounds of City Beach High School.

1. Coastal areas and dunes

(a) The ocean, beaches, adjacent parks and recreation reserves are dominant features of the precinct, and are used, particularly in the summer months, by large numbers of people from throughout the region.

(b) The coastal dune system and adjoining coastal vegetation is fragile and is to be preserved and maintained in its natural setting. Any development will be subject to a detailed assessment as to its impact on the environment. The development of any new buildings or structures within the area will only be permitted if they are to be used for a purpose incidental to the recreation role of the area and if they are unobtrusive in bulk and scale. No mature trees will be



destroyed to facilitate development. All development adjacent to this area shall enhance and contribute to the coastal setting.

(c) The importance of parking close to the beach is recognised, however, cars should not be permitted to visually dominate or encroach into recreation or pedestrian areas. Existing car parking areas should be appropriately landscaped and treated.

(d) As with other reserve areas, no activity or action will be permitted that destroys the integrity of the recreation area, or any part thereof, including all existing landscape elements.

(e) The area of coastal vegetation classified as ‘Parks and Recreation’ Reserve under the Metropolitan Region Scheme and forming part of Bold Park will be preserved in its natural state for conservation purposes and low intensity recreation. Bold Park is an A class reserve. The Botanic Gardens and Parks Authority is responsible for managing Bold Park. The nature and management of any facilities in or adjacent to this area must respect the unique ecological, cultural and heritage value of the area. The protection of the integrity and health of this coastal dune system and vegetation will be given priority.

2. City Beach High School

1. It is appropriate that this facility continues in its present capacity as a secondary school.

2. The functions of the school should not, however, cause undue disruption to, or the loss of any portion of the adjoining Metropolitan Region Scheme ‘Parks and Recreation’ Reserve. Any future development/expansion is to be contained within the existing boundaries of the site and should not be of a nature that significantly expands the school's functions, operations or population.

3. The height and scale of any development is to be compatible with existing buildings. Buildings must be set back from all boundaries and these areas landscaped. Natural landscaping shall be retained wherever possible or areas landscaped with compatible species. Adequate parking and set down areas are to be provided on-site.

4. City Beach High School is listed in the Municipal Heritage Inventory – Register of Heritage Places and as such the management recommendations for the site must be taken into account.

4. DEVELOPMENT ZONE (FORMER QUARRY SITE)

This area is subject to the provisions of clause 56 - Special Control Areas and Schedule 7: Provisions for Outline Development Plans of the Town Planning Scheme.



168 6. Precincts 6.2. Precinct P2: Reabold Precinct

Policy 6.2: Precinct P2: Reabold

INTRODUCTION

The Reabold Precinct is unique in that it contains one of the largest remaining bushland areas within the Perth suburban area with a wide diversity of native flora, fauna and landforms. In addition, it contains parklands and a number of active recreation facilities. Its management, conservation and enhancement for the recreation, education, relaxation and enjoyment of Perth's metropolitan population and visitors should therefore be ensured.

The following policy provides statements of intent and development guidelines for the precinct overall, and then for the main areas in the precinct, which, in addition to any other relevant policy, are to be used to manage the precinct and assess applications for development within the precinct. Policy requirements under all other sections of the Policy Manual also apply unless specifically varied in the precinct policy.


This policy applies to development in the Reabold Precinct (see map below).



1. STATEMENT OF INTENT

The greater portion of the precinct forms Bold Park set aside primarily for conservation of natural bushlands and passive recreation purposes. Existing activities in contrast to this primary function are acknowledged and may remain. Degraded areas should be either rehabilitated or developed for appropriate recreation or parkland uses.

The remainder of the precinct should accommodate active recreation facilities and parkland for passive recreation generally as at present.

It is essential that any existing and future uses within the precinct respect the bush and parkland surrounds and are managed accordingly with high environmental standards applied at all times.

Opportunities to link the bush and parkland within this precinct with adjacent coastal public open space areas which also form part of Bold Park should be pursued. Views should be protected and the remnant areas of bush vegetation on the edges of the precinct, which act as a buffer between this area and adjoining residential areas, should be maintained. Areas of cultural and heritage significance must also be respected.

Generally the precinct is to be readily accessible to the public, however, access may be limited in some areas of Bold Park. The development of good pedestrian access ways and links within the precinct is a priority. Vehicular access throughout the precinct should be limited to existing roadways and access points.

Regional traffic and roads through and adjoining the precinct should be limited to the existing road reserves with any roadwork proposals made mindful of the importance of protecting the natural bushland from degradation and preserving an invaluable recreation resource in the metropolitan area.

2. BOLD PARK

Bold Park is managed by the Botanic Gardens and Parks Authority (Bold Park) with statutory planning duties being the responsibility of the Western Australian Planning Commission. The park is reserved and classified under the Metropolitan Region Scheme for ‘Parks and Recreation’ and ‘Important Regional Roads’ (Stephenson Highway).

The sensitive nature of the Bold Park environment will be managed by the Botanic Gardens and Parks Authority. Future development within the defined boundaries of Bold Park will be subject to assessment by the Botanic Gardens and Parks Authority, the Western Australian Planning Commission, as well as by the Council.



3. USES ADJACENT TO BOLD PARK

The Water Corporation Reservoir, Bold Park Aquatic Centre, Town of Cambridge Administration Centre and Quarry Amphitheatre are expected to remain.

The reservoir is reserved and classified under the Metropolitan Region Scheme for ‘Urban Purposes’, and the Bold Park Aquatic Centre, Town of Cambridge Administration Centre and Quarry Amphitheatre is reserved and classified under the Metropolitan Region Scheme for ‘Parks and Recreation’.

The management and development of the Bold Park Aquatic Centre and Quarry Amphitheatre is subject to an Environmental Management Plan.

Areas where some degradation has occurred, but which are still considered to be of high environmental value should be rehabilitated, while degraded areas no longer of environmental value may be appropriate for limited active recreation or ancillary park management and education facilities. Again the nature and management of these facilities must respect the surrounding bushland and its unique ecological value.

All buildings should be of a high standard of design and use materials that complement the landscape, and unobtrusive in bulk and scale, and along with parking areas, should be located and screened so that they are not visible from adjacent residential and recreation areas or roads, other than minor access roads. The removal of mature, healthy trees to accommodate buildings or parking areas should be avoided.

4. PERRY LAKES

4.1. Perry Lakes Reserve

The Perry Lakes area includes Perry Lakes Reserve, the new Perry Lakes sporting facilities at AK Reserve, and the proposed residential redevelopment of the former Perry Lakes stadium site.

Perry Lakes Reserve and AK Reserve are reserved under the Metropolitan Region Scheme for ‘Parks and Recreation’ and the former Perry Lakes stadium site is zoned ‘Urban Deferred’ under the Metropolitan Region Scheme, and as such, falls within the planning authority of the Western Australian Planning Commission.

The Council nevertheless has management responsibilities for some of these areas (Perry Lakes Reserve) as well as having the opportunity to comment on all development in Perry Lakes.

The Perry Lakes Redevelopment Act (2005) applies to the AK Reserve land and the former Perry Lakes stadium site.

The management and development of Perry Lakes Reserve is subject to an Environmental Management Plan.



This parkland should continue in its role as primarily a passive recreation area for regional and local use. The existence of active recreation areas within the Perry Lakes Reserve, such as Alderbury Street Reserve, however, is acknowledged and their use for active recreation on a regular basis is considered acceptable.

Use of these passive recreation areas for special sporting events, and other one off events on an infrequent basis, may also be appropriate subject to confirmation from the appropriate authorities that detrimental effects on the area, and adjacent bushland and residential areas, can be kept to a minimum.

The development of any buildings within this parkland area will generally not be permitted unless they are unobtrusive in bulk and scale and are necessary for a purpose incidental to the passive recreation role of the land.

No mature, healthy trees within this area will be destroyed to facilitate development.

4.2. Perry Lakes sporting facilities at AK Reserve

The AK Reserve land is located on the southern side of Underwood Avenue and contains a new basketball stadium, athletics stadium and rugby facility developed by the State Government. These facilities replace the facilities previously located at Perry Lakes.

The AK Reserve Redevelopment Plan describes the planning context for the new sporting facilities, and also is the planning assessment tool for future development within the AK redevelopment area.

4.3. Residential redevelopment of the former Perry Lakes stadium site

The former Perry Lakes stadium site is located adjacent to Underwood Avenue, and will be the location for a new residential subdivision.

This area, and its redevelopment, is currently being managed by the State Government.

5. WEMBLEY GOLF COMPLEX

The Wembley Golf Complex is bounded by Empire Avenue to the north and east, The Boulevard to the south and Durston Avenue to the west. The land is reserved under the Metropolitan Region Scheme for ‘Parks and Recreation’.

The Wembley Golf Complex should continue in its current role as a regional active recreation facility. Any expansion within its current site to accommodate an increase in patronage would be subject to careful assessment. Further parking areas required shall be sensitively located and treated to ensure minimal impact on the parklands and other uses.

Any new buildings within the golf complex should be of a height and scale compatible with the existing buildings on site, whilst also having regard for adjacent bush, parklands and residential areas.



The removal of mature, healthy trees within the active recreation areas to facilitate development should be avoided where possible.

6. WOLLASTON THEOLOGICAL COLLEGE – SPECIAL USE ZONE

A portion of land within the precinct is occupied by the Wollaston

Theological College and ancillary buildings and facilities. Further development of the college will be contained within the existing boundaries of the site.

The college and ancillary buildings and facilities, which in the opinion of the Council are ancillary to the purposes of the Theological College, are listed in Schedule 3 - Special Use Zones of the Town Planning Scheme.

Buildings should be well set back from the boundaries of Bold Park with generously landscaped surrounds in keeping with the natural bushland setting of the surrounding park. Any development of land, or extensions to buildings, within this Special Use zone should have particular regard for the need to protect views from within Bold Park. In this regard any development within the area should be of a high standard of design, and all built structures within the area should complement the surrounding bushland. Building materials, finishes and colours should complement the surrounding landscape.

Access to the area will only be available from Wollaston Road and all parking areas within this area should be well screened from the surrounding bushland.

Consultation with the Botanic Gardens and Parks Authority and/or the Western Australian Planning Commission will be required for any development within the area.

7. ACCESS TO REABOLD PRECINCT

The number of vehicles entering Reabold precinct should be kept to a minimum, with the preferred mode of transport within the parklands generally being cycling and walking. Access points should be restricted to existing roadways, and traffic calming methods within the parklands should be employed if the speed of vehicles through the parklands creates a hazard for pedestrians and cyclists.



173 6. Precincts 6.3. Precinct P3: Floreat Precinct

Policy 6.3: Precinct P3: Floreat

INTRODUCTION

The Floreat Precinct is a residential garden suburb with high quality housing in a parkland setting. Low density residential development is the predominant land use within the precinct. The existing shopping centres and community facilities are to be maintained and enhanced as important community focal points although their expansion into adjoining residential areas will not be permitted.



This policy applies to development in the Floreat Precinct (see map below).



1. RESIDENTIAL ZONE


These areas will be maintained for low density residential development in accordance with the relevant development standards specified for Residential R12.5, Residential R15 and Residential R20. This will result in single houses continuing to occupy the bulk of land with the development of grouped dwellings possible on a small percentage of lots.

A limited number of non-residential uses such as local shops, child care facilities, recreation areas and primary schools are also appropriate where they serve the immediate day to day needs of local residents and are an integral part of the residential environment. These uses will only be supported by Council where they small in scale, and are not likely to cause any significant disturbance to adjacent residences or the residential character of the area.


Development shall be in accordance with the Residential Design Codes, Town Planning Scheme, any relevant planning policies contained in this manual and, where applicable, Local Law 43 (Building on Endowment Lands and Limekilns Estate) (see Schedule 3).

2. DISTRICT CENTRE ZONE (FLOREAT FORUM)


Floreat Forum will remain the key commercial and community focus for the area. A range of district shopping and community facilities will continue to be accommodated. Expansion of existing development and any new development will, however, be subject to careful control to ensure that it will not impinge unduly on the amenity of adjacent residential properties. Expansion of the Floreat Tavern, in particular, will not be permitted if it will result in an increase in patronage.

Any new development should be of a height and scale similar to the existing development within the area and compatible with adjacent residential development and reserves. Setbacks for new development will be as determined by the Council having regard to the nature and scale of development proposed, the existing streetscape and the adjacent land uses. As a general rule buildings should be well set back from streets which are also fronted by dwellings. Adequate car parking, screened from the street, must be provided on-site to ensure that vehicles do not encroach into adjacent residential streets.




(a) Plot ratio:

Buildings shall have a maximum plot ratio of 1:1.



(b) Street setback:

Buildings shall be set back from the street such distance as is determined by the Council, having regard to existing development on the site and the impact on adjacent residential development.

(c) Residential density:


3. LOCAL CENTRE ZONE (BIRKDALE STREET SHOPS)


The existing range of local shopping and community facilities will be consolidated within this area to serve the day to day needs of the local residents.

Any new development should be of a height and scale similar to the majority of existing buildings and have no setback from the street. Continuous shopfronts and weather protection over the footpath for pedestrians should be provided.

Careful control will be exercised over the nature of any buildings, in particular their design and site layout to ensure minimal impact on any adjacent residential development. Additionally, adequate car parking must be provided to ensure that vehicles do not encroach into residential

streets.




(a) Plot ratio:


(b) Street setback:

Buildings shall have a nil street setback.

(c) Verandahs/awnings:

Buildings shall be provided, where practicable, with continuous and consistent verandahs/awnings over the footpath to ensure adequate weather protection for pedestrians and enhance the streetscape.

(d) Pedestrian access:

Where Council considers necessary, pedestrian access for the public shall be provided from the street to car parking at the rear of properties and this access shall be adequately illuminated, maintained and sign posted.

(e) Residential density:




4. RESERVES


1. Floreat Sports Precinct

These grounds will continue to accommodate organised sports. The continued use of clubrooms associated with sporting activities is supported, however, the use will be carefully monitored to ensure activities do not unduly disrupt surrounding residential areas.

2. Local parks

(a) Local parks will continue to be used, maintained and enhanced primarily as parkland for passive recreational purposes for use by local residents, while accommodating some associated recreational facilities, such as the Floreat Park Tennis Club.

(b) The development of any new buildings or sporting facilities within the parklands or oval will generally not be permitted unless they are small in bulk and scale and unobtrusive in their setting. Uses permitted will only be those which are incidental to the recreational and community roles of the reserves.

(c) No activity or action will be permitted which destroys the integrity of the recreation area, including all existing landscape elements. Adopted: 13 October 2009


177 6. Precincts 6.4. Precinct P4: Wembley Precinct

Policy 6.4: Precinct P4: Wembley

INTRODUCTION

The Wembley Precinct will remain a residential area serviced by a number of retail, commercial and recreation facilities. Most development comprises single houses at low density, although medium density development is permitted in select locations. Non-residential development is restricted to the Wembley Town Centre, along parts of Cambridge Street and Salvado Road, and the Residential/Commercial zone along Herdsman Parade.



This policy applies to development in the Wembley Precinct (see map below).



1. RESIDENTIAL ZONE


Single houses in accordance with the Residential R20 provisions will continue to occupy the majority of land, with infill development favoured on those larger lots which can accommodate additional housing and on certain corner lots.

Grouped and multiple dwellings at a medium density, however, will be permitted along Salvado Road and Cambridge Street with higher densities permitted along the latter street where two or more lots are amalgamated. This is intended to encourage single integrated developments rather than individual and unrelated developments on small lots.

A limited number of non-residential uses such as local shops, child care facilities, recreation areas and primary schools are also appropriate where they serve the immediate day to day needs of local residents and are an integral part of the residential environment. These uses will only be supported by Council where they are small in scale, and are not likely to cause any significant disturbance to adjacent residences or the residential character of the area.


1. Development shall be in accordance with the Residential Design Codes, Town Planning Scheme and any relevant planning policies contained in this manual.


(a) Corner lots:

Within the area coded Residential R20, with the exception of those lots fronting or siding onto Grantham Street, two dwellings may be constructed on corner lots in accordance with the Residential R30 dwelling density standards subject to the following:

(i) one dwelling must front each street;

(ii) the configuration of the lot to be developed must coincide with the original subdivision pattern; and

(iii) the policy applies to constructed development only. Green title vacant/survey strata titled subdivisions are not permitted.

(b) Dual coding:

Within the area coded Residential R40/60 development to Residential R60 dwelling density standards will only be permitted if:

(i) the development involves the amalgamation of two or more lots (resulting in a minimum lot area of 1200m2) or,

(ii) the lot is already large enough (minimum lot area of 1200m2) to enable integrated development.



2. LOCAL CENTRE ZONE


The existing range of local shopping and community facilities will be consolidated within these areas to serve the day to day needs of the local residents.

Any new development should be built up to the street boundary and be of a height and scale similar to the majority of existing buildings. Continuous shop fronts and weather protection over the footpath for pedestrians should be provided.

Careful control will be exercised over the nature of any uses proposed and their design and site layout to ensure minimal impact on any adjacent residential development. Additionally, adequate car parking must be provided to ensure that retail parking does not encroach into residential streets.




(a) Plot ratio:

Buildings shall have a maximum plot ratio of 0.5:1 except those buildings located in Cambridge Street between Pangbourne and Simper Streets which shall have a maximum plot ratio of 1:1.

(b) Setbacks:

Buildings shall have nil street and side set backs. Buildings shall face the street; blank walls are not acceptable.

(c) Verandahs/awnings

Buildings shall be provided with awnings/verandahs over the footpath to ensure adequate weather protection for pedestrians and enhance the streetscape.

(d) Pedestrian access:

Where Council considers it necessary, pedestrian access for the public shall be provided from the street to car parking at the rear of properties and this access shall be adequately sign posted. This may require variation to side set backs.

(e) Residential density:

Residential density shall comply with the Residential Design Codes site area requirements for R40 in those areas adjoining Cambridge Street and R20 elsewhere.



3. COMMERCIAL ZONE


A range of low intensity commercial uses will be permitted within these areas.

Any new development should be of a scale similar to the majority of existing buildings and comprise a consistent built form particularly in relation to height and setbacks from the street.

Careful control will be exercised over the nature of the uses within these areas and their design and layout to minimise impact on any adjacent residential uses or land. Additionally, adequate car parking must be provided on-site to ensure that commercial vehicles do not encroach into residential streets.




(a) Plot ratio:


(b) Street setback:

Buildings shall be set back from the street alignment such distance as is determined by Council having regard to the streetscape and the building setbacks on adjoining land and in the immediate locality.

(c) Residential density:


4. RESIDENTIAL/COMMERCIAL ZONE


This area is intended to form a suitable transition between the residential development south of Herdsman Parade and the adjoining commercial development to the north. The redevelopment of land within this area for residential purposes or residential and commercial purposes in combined developments will therefore be encouraged.

Light industrial uses may only be permitted if they are incidental to another non-residential use and are considered by Council not to detract in any manner from the amenity of combined residential/commercial developments or adjoining residential uses.

Buildings will be small scale, set back from all boundaries and surrounded by landscaped gardens. Priority will be given to minimising conflict between non-residential uses and residential uses on the same lot and nearby through appropriate site layout and design. Levels of traffic generated by development within this area should also not exceed those appropriate to the adjacent residential area.






(a) Plot ratio: Buildings shall have a maximum plot ratio of 0.5:1.

(b) Building height: Buildings shall have a maximum height of 6.0 metres above natural ground level.

(c) Setbacks: Buildings used solely or partly for non-residential purposes shall be set back from all lot boundaries generally in accordance with the requirements of the Residential Design Codes for Residential R40.

(d) Landscaping: Where development for both residential and non-residential purposes is proposed, sufficient landscaping should be provided to complement the development and, for the residential component, comply with the open space provisions of the Residential Design Codes.

(e) Residential density: Residential density shall comply with the Residential Design Codes site area requirements for R40.

5. RESERVES


1. Sports grounds (Henderson Park, Matthews Netball Centre and Pat Goodridge Oval)

(a) Henderson Park and the Matthews Netball Centre are reserved under the Metropolitan Region Scheme for ‘Parks and Recreation’. Pat Goodridge Oval is reserved under the Town Planning Scheme for ‘Parks and Recreation’.

(b) These areas will continue in their primary role as active recreation facilities, while also remaining available for use by visitors and local residents for passive recreation purposes.

(c) The facilities are the subject of a needs assessment review and master planning exercise.

2. Rutter Park

(a) This land will continue to be used, maintained and enhanced primarily as parkland for the passive recreation of local residents while also accommodating a community centre.

(b) The development of any further buildings will generally not be permitted unless they are unobtrusive in bulk and scale and are to be used for a purpose incidental to the current recreation and community roles. No mature trees will be destroyed to facilitate development.



182 6. Precincts 6.5. Precinct P5: West Leederville Precinct

Policy 6.5: Precinct P5: West Leederville

INTRODUCTION

The West Leederville Precinct comprises a residential area with a mix of low and medium density housing and high density dwellings and commercial properties in defined centres and along Cambridge Street. The precinct also includes St John of God Hospital and the medical and health services that surround the hospital.

This Policy is divided into the following sections:-

Residential Zone;

Mixed Use Zone (Cambridge High Street Node, Residential Interface Node and Southport Street Node);

Commercial Zone (Vincent Street West and Other Commercial Areas);

Residential/Commercial Zone;

Medical Zone; and

Community Node - Leederville Town Hall.

This policy gives effect to the vision for future development of this area between the Leederville and West Leederville train stations, centred along Cambridge Street, led by the West Leederville Planning and Urban Design Study, adopted by Council in December 2010 and the West Leederville Activity Centre Plan 2011.

The following policy provides statements of intent and development standards for each zone and node in the precinct, which, in addition to any other relevant policy, are to be used to assess applications for development within the precinct. Policy requirements under all other sections of the Policy Manual also apply unless specifically varied in the precinct policy.


This policy applies to development in the West Leederville Precinct (see map below).



1. RESIDENTIAL ZONE


A range of dwelling densities and dwelling types will be accommodated in residential areas. Grouped and multiple dwellings at medium and high densities will be favourably considered in the east and south area of the precinct, and along Cambridge Street.

Existing character of the area will be enhanced by:

- an emphasis on rear laneway access to retain existing streetscapes;

- avoidance of high fences or walls at the street alignment; and

- new infill dwellings to respect the scale and significant forms (e.g. roof pitches) of existing dwellings.

The ‘Hill of Tara’ area, comprising development along Kavanagh Street, Lake Monger Drive and the Hill of Tara Estate represents a different, more modern streetscape from the rest of West Leederville. A wider variety of housing design, including roof pitches, will therefore be permitted.

A limited number of non-residential uses such as local shops, child care facilities, recreation areas and primary schools are also appropriate where they serve the immediate day to day needs of local residents and are an integral part of the residential environment. These uses will only be supported by the Responsible Authority where they are small in scale, and are not likely to cause any significant disturbance to adjacent residences or the residential character of the area.

Existing large scale non-residential uses being the Catholic Education Centre and the Catherine McAuley Centre are recognised as established within the precinct and it is appropriate that they remain. Existing local parks provide important recreation facilities for surrounding residents. Any new development or activity in these areas must be consistent with their primary function.


Development shall be in accordance with the Residential Design Codes, Town Planning Scheme and any relevant planning policies contained in this manual.



2. MIXED USE ZONE (CAMBRIDGE HIGH STREET NODE, RESIDENTIAL INTERFACE NODE AND SOUTHPORT STREET NODE)


The overall objective for these areas is to encourage and allow development which contributes to the improvement of the area through the replacement of older buildings with well-designed new buildings which improve the appearance and useability of streets and have ground floor commercial or retail uses

Improvements such as laneway connections, public space, enhanced pedestrian connections and shared parking facilities will be desirable outcomes in areas that currently lack these amenities and as determined by the Responsible Authority.

Cambridge High Street Node

The Cambridge High Street Node (area shown below) should have a lively activated street character and accommodate retail, commercial and mixed use development, taking advantage of its proximity to the West Leederville train station.



Southport Street Node

The Southport Street Node (area shown below) will accommodate larger and taller buildings, taking advantage of the close proximity of the area to the city centre, West Perth and Leederville centres, as well as nearby train stations and freeway access.

Residential Interface Node

There are restrictions on development in the Residential Interface Node (lots shown below), where building heights and setbacks are strictly controlled to minimise the impact on adjacent streets and properties. Consideration will be given to the nature of uses, and their design and layout to minimise the impact on adjacent residential uses and to ensure a high standard of design appropriate to such locations.




Development shall be in accordance with any relevant provisions of the Town Planning Scheme and any relevant planning policies contained in this policy manual. In the case of residential development, this shall also be in accordance with the Residential Design Codes.

(i) Indicative Development Plans

In considering applications for subdivision and development approval, the Responsible Authority will have regard to the following objectives of the respective Indicative Development Plans (see Figures 1 and 2).

Indicative Development Plans were prepared as part of the West Leederville Planning and Urban Design Study. They provide an illustration of how future development of the area could occur to meet the desired planning outcomes and form the basis of several development standards in this Policy. Reference will be made to these plans when assessing individual development proposals.

The Indicative Development Plans reflect circumstances as they were at the time they were prepared and it is noted that over time development opportunities may change.

In the case of any inconsistency between the Indicative Development Plan and standards contained in this policy, the policy standards shall prevail.



Figure 1: Cambridge High Street Node Indicative Development Plan

Figure 2: Southport Street Node Indicative Development Plan



(ii) Plot ratio

Cambridge High Street Node and Southport Street Node

Buildings shall not exceed a plot ratio of 1:1, except in the case where bonus plot ratio is approved. Development requirements to achieve bonus plot ratio are defined in Table 1, subject to the requirement to qualify for bonus plot ratio in accordance with the third paragraph of this clause, and are cumulative.

The application of bonus plot ratio does not entitle a development to exceed building height, setback and other development provisions of this Policy.

A development will not qualify for bonus plot ratio in Table 1 unless it meets development requirements 3, 5, 7 or 9 as applicable, irrespective of whether additional development requirements in Table 1 are also satisfied.

Table 1: Bonus plot ratio

Development Requirements for Bonus Plot Ratio

Maximum Bonus Plot Ratio

1. Inclusion of residential accommodation (residential dwellings, serviced apartments and/or hotel accommodation).

Note: Bonus plot ratio can only be used towards residential accommodation.

1:1

2. Provision of a Public Parking Station (minimum 100 bays) suitably integrated into the development and located behind street front development or under buildings.

1:1

3. Ceding of land to achieve strategic rights of way connections.

0.5:1

4. Ceding of land (or secured via an easement) to sufficiently allow effective widening of rights of way to allow for two-way vehicular traffic.

0.2:1

5. Provision of strategically located, universally accessible, attractive and safe pedestrian pathways through the development, providing for key pedestrian desire lines through the area as identified in the Indicative Development Plan or, connecting public parking areas and/or public open spaces to the street and as determined to be satisfactory by the Responsible Authority.

0.2:1



Development Requirements for Bonus Plot Ratio Maximum Bonus Plot Ratio

6. Lot size bonus. Lots in excess of:


1000m2

1500m2

1800m2

2000m2


1000m2

1500m2

1800m2

2000m2

0.2:1 0.3:1 0.4:1 0.5:1

0.3:1 0.4:1 0.5:1 0.6:1

7. Provision of public space, which includes plazas, courts, public squares, pedestrian retreats and parks, on private land for public use. Spaces are to be easily and universally accessible, comfortable, safe to use, adequately landscaped and contain features of interest. Spaces are to be of such dimensions and proportions as to allow for a useable and comfortable facility and to be in keeping with the scale of the development as determined by the Responsible Authority.

0.5:1

8. Parking for the development provided wholly and fully below natural ground level and not visible from any adjoining street.

0.5:1

Special Sites

9. Lot 37 Cambridge Street and Lot 38 Railway Parade

Provision of an activated pedestrian laneway and piazza space connecting Railway Parade and Cambridge Street via the redeveloped former 'Bethel' site and the 'Coles' complex. Pedestrian laneway and piazza space to be universally accessible, safe and attractive, and accommodate a diversity of activities and features of interest.

1:1


For developments in the Residential Interface Node, plot ratio does not apply, nor does the plot ratio bonus system apply. Development is to be controlled through building height and setback provisions as outlined below and any other policy requirement which may restrict development potential.



(iii) Building height

Maximum and minimum building heights apply as specified in Table 2. Development must accumulate the required plot ratio in accordance with Table 1 irrespective of the maximum height.

The ground floor will not exceed a maximum height of 4.0 metres measured floor to floor with all other floors a maximum height of 3.5 metres per floor measured floor to floor.

Ground floor to first floor height shall be a minimum 3.2 metres with a minimum floor to ceiling clearance of 3.0 metres.

Where a level of basement parking is less than 1.5 metres below an adjoining right of way, the level of basement parking shall be counted as one storey as viewed from the right of way.

Table 2: Building height




Minimum height (overall)

2 storeys 2 storeys 2 storeys

Maximum height at frontage and adjoining rights of way

3 storeys (additional height to be setback further)

3 storeys

(additional height to be setback further)

3 storeys at frontage, 2 storeys at adjoining ROW

Maximum height of development abutting Residential zone

2 storeys (to be set back from the boundary)



Maximum building height (overall as determined from ground floor at the primary street frontage)

10 storeys (subject to approval of plot ratio allowances)

6 storeys (subject to approval of plot ratio allowances)*

4 storeys

* The Former Bethel Site (Lot 38 Railway Parade) is identified as an icon site where a building height up to 10 storeys is permitted, subject to the provision of public parking (minimum 100 bays) and an activated plaza and integrated pedestrian laneway connecting Railway Parade and Cambridge Street.



(iv) Street setbacks

The number of storeys for the purpose of street setbacks is determined from the ground floor at the respective street frontage.

Refer to Figures 3, 4 and 5 (Street setbacks) for setbacks for different storeys of developments.

Figure 3: Street setbacks

Where residential accommodation is proposed above ground floor, balconies for dwellings may extend back over the street setback for the second and third storeys only.

Provision of visual truncations where two streets, or a street and right of way, intersect to the satisfaction of the Responsible Authority.



Figure 4: Street setbacks (ground to third storey) - Southport Street Node

Figure 5: Street setbacks (ground to third storey) - Cambridge High Street Node and Residential Interface Node



(v) Boundary and right of way setbacks

Boundary (side and rear) and right of way setbacks are specified in Table 3 and Figures 6, 7 and 8. Balconies shall not extend over the boundary setbacks.

In the case of development in the Residential Interface Node, balconies may protrude into the 11.5 metre setback to the Residential Zone boundary, up to 5.0 metres on the third and 2.5 metres on the fourth floor, subject to provision of solid balustrading (refer to Figure 8).

ROW continuation

Where required, development at ground level shall be set back a minimum of 6.0 metres from a side or rear boundary to allow for the continuation of a right of way.

ROW widening

Development may be required to be setback from an adjacent ROW, at ground level, to facilitate two-way vehicular traffic.

Where rights of way separate the proposed development site from an adjacent residential zoned lot the width of the ROW is included in the setback measurement, except in the case of buildings in the Residential Interface Node.

Visual truncation for ROW

Provision of visual truncations where rights of way intersect with a street or another ROW to the satisfaction of the Responsible Authority.

Table 3: Boundary and right of way setbacks

No of storeys

Required setback (metres)

Mixed Use zone

boundary

6m wide ROW

abutting Mixed Use

zone

(see Figure 6)

Less than 6m wide

ROW abutting

Mixed Use zone **

(see Figure 7)

Residential zone boundary

(including ROW)

(excluding

development in Residential

Interface Node)

Residential zone boundary

for development in the Residential Interface Node

(excluding ROW if

applicable) (see Figure 8)

1 Nil Nil Nil 3 1.5*

2 Nil Nil Nil 3 1.5*

3 Nil Nil Nil 6 11.5

4 3 2 1.5 9 11.5

5 3 2 1.5 9 N/A

6 3 2 1.5 9 N/A

7 5 2 3.5 9 N/A

8 5 2 3.5 9 N/A

9 5 2 3.5 9 N/A

10 5 2 3.5 9 N/A

* The setback area is to be landscaped and allow for the provision of bin collection if necessary. An additional setback may be required to allow widening of a right of way to 6.0 metres;

** These standards only apply where widening of a ROW to 6.0 metres is not considered necessary by Council.



Figure 6: Setbacks from a 6 metre wide ROW against Mixed Use zone boundary

Figure 7: Setbacks from a ROW less than 6 metres against Mixed Use zone boundary

Figure 8: Setbacks for development in the Residential Interface Node adjacent to Residential zone

Note: ROW widening may still be required

ROW if

present

Residential Zoned property

1.5m

ROW <6m

2m 2m

1.5m

2m

Nil Nil

ROW 6m

2m



(vi) Design elements

Awnings

Development shall incorporate a ground level awning over the footpath to provide weather protection for pedestrians, with the exception of development abutting Abbotsford Street, Railway Parade and Loftus Street. Awnings should be contiguous with a minimum depth of 2 metres, subject to Local Government and Private Property Local Law 2001.

High level awnings and shading over windows are encouraged to add interest to building facades and to improve energy efficiency.

Balconies

Balconies proposed along street frontages should be unenclosed platforms with balustrades not exceeding a height of 1.2 metres. Visually permeable balustrades are encouraged.

In the case of development in the Residential Interface Node, balconies facing Residential Zoned properties shall have solid balustrading to a height of 1.2 metres.

Walls and surfaces

Exposed blank walls to the street or corner frontages are not permitted. Street elevations shall be articulated to enhance building identity and reduce apparent bulk through the use of, but not limited to:

- projections and indentations in the floor plan;

- window projections and openings;

- related awning and roof elements;

- unenclosed balconies; and

- changes in materials and finishes.

Use of reflective or obscure glazing to windows is not permitted along ground floor street frontages to promote surveillance of the street and allow for visible indoor activity.

Entrances

Entrances to the building should be exposed to the main street and be clearly defined and identifiable.

Roof pitch

Roofs for street front buildings may be flat or pitched. Where a pitch is employed, the pitch should be within 25 and 42 degrees where visible from the street.

Special corner design features

Architectural design elements are encouraged to assist with defining corner locations or the creation of landmark buildings. These corner elements should be open and transparent and



demonstrate a lighter architecture. They cannot be used to incorporate additional floor space in the development.

Architectural design elements may take the form of, but not limited to:

- higher parapet facades to a maximum 2 storeys above the third storey;

- cantilevered canopies located higher at the corner truncation;

- distinct roof forms;

- tower elements to a maximum 2 storeys above the third storey;

- building truncations;

- wall projections and features; and/or

- artwork.

Architectural design elements that extend into the street setback may be considered.

Architectural design elements shall only extend 10 metres from the street intersection (see Figure 9).

Figure 9: Architectural design elements at street corners

(vii) Parking and access

Any on-site parking associated with new development shall be placed in car parks either behind street front tenancies or fully below natural ground level.

At-grade parking areas should be designed to connect, or allow connection with, at-grade parking on adjoining sites to encourage shared parking, where possible.

Parking available for public use (including customer and visitor car and bicycle parking) should be clearly designated and have identifiable access points.

Parking areas should be provided with clearly marked and raised pedestrian access ways, connected to the surrounding network of footpaths.

Where available, vehicular access shall be taken from a side street or rights of way.

Parking standards as per the Town's Parking Policy (Policy 5.1).

10m

10m

Architectural design element



(viii) Bin storage and waste collection

Bins and bin storage for all developments must not be visible from a verge, public street or property frontage.

Waste collection from a verge, public street or property frontage will not be permitted. Collection is to be effected from a ROW (where possible) or purpose built bin storage and waste collection area incorporated within the building and accessible by waste collection service vehicles.

The location, size and design of bin storage areas should be considered in the initial design phase of any proposed development. Particular attention must be given to how waste vehicles will access bin storage areas; providing for necessary height clearances, width of vehicles and vehicle turning movements.

Applicants are strongly encouraged to liaise with a waste management contractor to assist with the design of bin storage areas and preparation of waste management plans.

Applications for development approval must be accompanied by a waste management plan that details:

Space

- Type of waste;

- Estimated waste generation;

- Estimated recyclable material generation;

- Size and number of bins; and

- Space allocated for bin storage (highlight on plans).

Access

- Access arrangements by occupiers of the building to waste facilities (highlight on plans);

- Access arrangements by collection contractors to waste facilities (highlight on plans);

- Frequency of waste collection service;

- Specify minimum height, width and turning movements for vehicular access to waste area; and

- Locate bin areas to minimise impact on adjacent residential areas and limit conflict with pedestrian and vehicular traffic.

Amenity

- Describe how noise and odour associated with the use of the bins and collection of waste has been minimised;

- Ventilation of bin storage areas; and

- Facilities for washing bins and bin storage areas.



Management

- Describe specific arrangements to be put in place to ensure successful management of the waste facilities and their collection; and

- Submit details outlining how commercial and residential waste will be recycled, including onsite disposal and collection by waste management contractor.

Where a mixed use development is proposed (residential and commercial), bin storage for residential waste is to be self-contained and completely separate from bin storage areas for commercial waste.

Waste collection must be taken from rights of way where available.

Where the number of bins required to service waste needs exceeds 20 x 240L bins (or equivalent capacity), bulk bins should be used.

(ix) Residential development

'R-AC 0' coding applies to residential development with plot ratio, building height, street and boundary setbacks and height of boundary walls assessed under the provisions of this Policy. All other requirements shall be in accordance with the Residential Design Codes.

3. COMMERCIAL ZONE (VINCENT STREET WEST AND OTHER Commercial AREAS)


Commercial Zoned areas in West Leederville comprise the Vincent Street West Commercial Area and Other Commercial Areas.

Vincent Street West Commercial Area and Other Commercial Areas will continue to accommodate a range of small to medium scale commercial uses. Community facilities, local shopping uses and mixed use (residential and commercial) developments will also be favourably considered.

Consideration will be given to the nature of the uses, and their design and layout in the secondary commercial areas to minimise the impact on adjacent residential uses and to ensure a high standard of design appropriate to such locations.


1. Development shall be in accordance with any relevant provisions of the Town Planning Scheme and any relevant planning policies contained in this policy manual. In the case of residential development, this shall also be in accordance with the Residential Design Codes.


(a) Vincent Street West Commercial Area

(i) Plot ratio

Buildings shall have a maximum plot ratio of 1:1.



(ii) Car parking

Provision of car parking shall strictly comply with Policy 5.1: Parking. Undercroft parking will only be permitted where the parking area is screened from view of the street. Where car parking is provided within the street setback area, the area of paving shall not exceed 60% of the street setback area.


Buildings shall not exceed a maximum external wall height of 6.0 metres above natural ground level. Natural ground level has the same meaning as that under the Residential Design Codes.

(iv) Setbacks

The minimum setback of buildings from the street alignment shall be 4.0 metres. The minimum setback of buildings from side and/or rear boundaries abutting land zoned ‘Residential’ shall be assessed in accordance the relevant R-Code for that abutting residential land.

(v) Advertising signage

Signage shall be restricted to non-illuminated signs attached to the building only. Roof signs are not permitted. Otherwise the provisions of Policy 5.2: Advertising Signs shall apply.

(vi) General design of non-residential development

Particular attention shall be given to non-residential development abutting residential uses. Where applicable, development shall have regard for Policy 4.1: Design of Non-residential Development.

(vii) Design elements

The following guidelines should be incorporated in building design:

building facades which are contemporary in design and articulated;

building facades which are detailed to provide variety and interest (i.e. do not incorporate expansive blank walls and excessive glazing);

shopfronts on ground floors which are expansive and open to the street, particularly along primary street frontages;

entrances to buildings which are distinct and clearly identifiable within the building façade, through the use of canopies, recesses, columns, building material changes and lighting; and

suspended or cantilevered awnings over the footpath which provide visual interest and a medium for



advertising signage, and protect pedestrians from the elements and windows from heat and glare.

(viii) Landscaping

Reticulated landscaping shall be provided within the front setback area. A landscaping plan to the satisfaction of the Town is to be submitted with a development application and should preferably include water wise species.

(ix) Bin storage and waste collection






Space

- Type of waste;





Access








Amenity




Management






(x) Residential development

Density: residential density shall comply with the Residential Design Codes site area requirements for R60; and

Setbacks: residential development may be permitted to be constructed up to the side property boundary provided that boundary abuts an existing non-residential development.

(b) Other Commercial Areas

(i) Plot ratio


(ii) Vehicular access

Vehicular access to properties abutting Cambridge Street should be taken from another road or laneway where possible.


Buildings shall not exceed a maximum external wall height of 6.0 metres above natural ground level. Natural ground level



has the same meaning as that under the Residential Design Codes.

(iv) Setbacks

To promote a strong urban form, buildings should preferably be built up to the street alignment and the side boundaries. Where setbacks from the street alignment and/or side boundary/boundaries are proposed, these will be assessed having regard to promoting strong urban form. There is no requirement for a rear setback.

(v) Design elements

The following guidelines should be incorporated in building design:

building facades which are contemporary in design and articulated;

building facades which are detailed to provide variety and interest (i.e. do not incorporate expansive blank walls and excessive glazing);

shopfronts on ground floors which are expansive and open to the street, particularly along primary street frontages;

entrances to buildings which are distinct and clearly identifiable within the building façade, through the use of canopies, recesses, columns, building material changes and lighting; and

suspended or cantilevered awnings over the footpath which provide visual interest and a medium for advertising signage, and protect pedestrians from the elements and windows from heat and glare.

(vi) Bin storage and waste collection




Applicants are strongly encouraged to liaise with a waste management contractor to assist with the design



of bin storage areas and preparation of waste management plans.


Space

- Type of waste;





Access






Amenity




Management








(vii) Residential density


4. RESIDENTIAL/COMMERCIAL ZONE


Combined residential and commercial developments will be permitted within this area. Commercial development cannot occur independently of residential development.

Buildings will be low scale and set back from all boundaries in landscaped gardens. Control will be maintained over the design of new buildings to minimise potential conflict with combined and adjacent residential development.

Car parking should be screened from view, well landscaped, and designed in a manner that avoids conflict between residential and non-residential parking.


1. Development shall be in accordance with the Town Planning Scheme, any relevant planning policies contained in this policy manual and the Residential Design Codes.


(i) Plot ratio

The plot ratio of any building or part thereof used for non-residential purposes cannot exceed 33% of the maximum allowable plot ratio of 0.5:1.

(ii) Setbacks

The minimum front setback requirement from Salvado Road is 4.5 metres.

(iii) Orientation

That part of the development which is to be used for commercial purposes should be oriented to Salvado Road.

(iv) Landscaping

The landscaped area to be provided should be substantially related to the residential uses.

(v) Amenity

Provision is to be made to ensure that residential use of the land will not be unduly affected by non-residential use.









Space - Type of waste;





Access - Access arrangements by occupiers of the building to

waste facilities (highlight on plans);





Amenity

- Describe how noise and odour associated with the use

of the bins and collection of waste has been minimised;










5. MEDICAL ZONE


Medical uses such as consulting rooms and hospitals will be contained within this area. Residential uses are also appropriate either in combined or purely residential developments.

Buildings should generally be of a small to medium scale reflecting the character of adjacent residential development although development on the St John of God Hospital site may be of a larger scale consistent with existing buildings on-site. All buildings will be set in landscaped gardens.

Careful control will be exercised over the nature and scale of the uses within this area, and their design and layout, to minimise the impact on any adjacent residential uses or land. Additionally, adequate car parking will be provided to ensure that commercial vehicles do not encroach into residential streets.


1. Development shall be in accordance with any relevant provisions of the Town Planning Scheme and any relevant planning policies contained in this policy manual. In the case of residential development, this shall also be in accordance with the Residential Design Codes.


(i) Plot ratio

Buildings shall have a maximum plot ratio of 1:1, except where a mixed use development comprising commercial and residential uses is proposed. In this instance, the maximum plot ratio may be increased to 1.5:1 provided that not more than 25% of the additional floorspace that has been allowed will be used for non-residential purposes.

(ii) Building height

The Responsible Authority shall determine the maximum height of a building. In determining building height the Responsible Authority shall take into consideration such matters as the scale and building



height of nearby development, the proximity of declared heritage places or areas, streetscape and street width.

(iii) Residential density


(iv) Setbacks

In determining setbacks from lot boundaries and between buildings the Responsible Authority shall have regard to the scale and height of adjoining development, streetscape, street width and the use area classification of adjoining land.

(v) Vehicular access

Vehicular access to Cambridge Street and Salvado Road is to be limited. Access shall be obtained via existing crossovers or rights of way, and/or side streets.







Space - Type of waste;





Access - Access arrangements by occupiers of the building to

waste facilities (highlight on plans);







Amenity - Describe how noise and odour associated with the use

of the bins and collection of waste has been minimised;



Management - Describe specific arrangements to be put in place to

ensure successful management of the waste facilities and their collection; and





6. COMMUNITY NODE (LEEDERVILLE TOWN HALL)

This area has the potential to develop as a true town centre focus, taking advantage of the site's strategic location, its heritage qualities and building upon the existing uses and activities highly valued by the community. The community, civic and recreational nature of the node will be maintained.

Staged upgrading of facilities and landscaping will assist in meeting the changing needs of a contemporary inner-city community. Creation of a civic events space is desirable to accommodate a range of functions and community activities.

The Town Hall, with the War Memorial and youth centre, will continue to be the centrepiece of the Community Node, complemented with improved landscape design and better connection with the surrounding area by tree-lined pathways.

Adopted: 13 October 2009, Amended: 23 October 2012, Amended: 24 February 2015; Amended: 20 December 2016 (DV16.207)


209 6. Precincts 6.6. Precinct P6: Lake Monger Precinct

Policy 6.6: Precinct P6: Lake Monger

INTRODUCTION

The Lake Monger Precinct incorporates Lake Monger and the area around the lake reserved as Parks and Recreation under the Metropolitan Region Scheme and the Town Planning Scheme.

The following policy provides statements of intent and development standards for the precinct, which, in addition to any other relevant policy, are to be used to assess applications for development within the precinct. Policy requirements under all other sections of the Policy Manual also apply unless specifically varied in the precinct policy.


This policy applies to development in the Lake Monger Precinct (see map below).



1. STATEMENT OF INTENT

The Lake Monger Precinct should continue in its role as a landscaped park and lake which accommodates a range of activities and attracts people from throughout the metropolitan region and tourists to Perth.

The major portion of this precinct shall continue in its present capacity as an area of public open space for passive recreational purposes and as a sanctuary for the protection of wildlife. Further encroachment of restricted recreational uses into the areas of the reserve shall be avoided. Other existing uses in this precinct shall be confined to present sites and only be permitted to develop within those sites.

All development in this precinct should enhance and contribute to the landscape setting of Lake Monger. The visual amenity of the nearby areas shall be improved through planting wherever practicable, both within the road reserves and private property; particular attention must be given to the siting and screening of car parks, and other open air activities. Any future development within the reserve will serve only to enhance the parkland area.

Public spaces, such as the Lake Monger Reserve and surrounding streets, will be enhanced and maintained so they contribute to the pleasant and attractive environment of the precinct. Council will therefore endeavour to regulate traffic flow in accordance with the Council’s Functional Road Hierarchy and ensure that the precinct is safe, interesting and accessible for pedestrians and cyclists.

2. METROPOLITAN REGION SCHEME RESERVES

The majority of the land within this precinct is reserved under the Metropolitan Region Scheme for ‘Parks and Recreation’ and as such, falls within the planning authority of the Western Australian Planning Commission.

The Council nevertheless has management responsibilities for some of these areas, as well as having the opportunity to comment on all development, and in this regard the following matters will be taken into account.

3. LAKE MONGER RESERVE

The major portion of this area shall continue to function in its present capacity as an area of public open space principally for passive recreational purposes.

All development adjacent to this area should enhance and contribute to the landscaped setting. Any further development within the park reserve shall be small in scale and unobtrusive in its setting. Uses permitted will be only those which are incidental to the recreational pursuits and wildlife sanctuary of the area.



No activity or action will be permitted that destroys the integrity of the reserve area, or any part thereof, including all existing landscape elements.

The Lake Monger parkland area is comprised of two reserve areas; a portion is land reserved under the provisions of the Metropolitan Region Scheme, the remaining portion is reserved under Town Planning Scheme No. 1, for Parks and Recreation.

The Council assumes responsibility for the care and management of the entire area and has prepared a management plan with the aid of community representatives. The Lake Monger Management Plan sets down provisions for the future use and management of the area. Future proposals shall be in accordance with this plan.

4. DODD STREET EDUCATIONAL FACILITIES

The continued presence of the Lake Monger Primary School and Speech and Hearing Centre in this area is acceptable.

Any expansion of these uses must be carefully considered in light of future recreation, public open space, parking and access requirements. Further development shall be for purposes directly associated with the current educational functions.

Development on these sites shall be small scale, consistent with existing buildings. New development is to be well set back from all boundaries and generously landscaped to extend the parkland theme of the Precinct. All car parking and other potentially unsightly open-air uses are to be well screened from view from the parkland and surrounding streets.

In addition, expansion of the uses shall not be allowed where it is considered that the resulting increase in traffic will cause undue disturbance to park users and nearby residents.



2. In addition, the following standard applies:

(a) Plot ratio

The plot ratio of development shall not exceed 0.4:1, on either the site of the primary school or of the Speech and Hearing Centre.



212 Schedule 1: Registers List of Registers

SCHEDULE 1: REGISTERS

1. Conservation Areas

1.1 Holyrood Conservation Area

This policy is contained in a separate document. Please contact Planning Services to obtain a copy.

2. Conservation Places

(NO CONSERVATION PLACES HAVE YET BEEN DECLARED)

3. Non-conforming Uses

(NON-CONFORMING USE REGISTER YET TO BE PREPARED)

4. Register of Heritage Places This schedule is included for information purposes only. The schedule includes places known to be entered on the Register of Heritage Places on a permanent basis pursuant to the Heritage of Western Australia Act.

Model Brick Home Lot 3 (No. 6) The Boulevard, Floreat

Model Timber Home Lot 6 (No. 12) The Boulevard, Floreat

Leederville Town Hall Lot 94 (No. 82) Cambridge Street, West Leederville

West Leederville Primary School

Lot 302 (No. 58) Northwood Street, West Leederville

Holy Spirit Catholic Church Lot 1 (No. 2) Keaney Place, City Beach

Catherine McAuley Centre Lot 100 (No. 18) Barrett Street, Wembley


213 Schedule 2: Forms List of Forms

SCHEDULE 2: FORMS

1. Application for Development Approval

2. Request to Amend Policy Manual

3. Request to Amend Town Planning Scheme

4. Notice of Application to Use or Develop Land

5. Notice of Determination on Application for Development Approval


214 Schedule 2: Forms Form 1: Application for Planning Approval

Form 1: Application for Development Approval

OWNER DETAILS:

First Name: Surname:

First Name: Surname:

Address: Postcode:

ABN (if applicable): Contact person for correspondence:

Telephone No: Work: Home: Mobile:

Fax No: Email:

Signature: Signature:

Date: Date:

APPLICANT DETAILS (If different from owner):

Name/Company:

Address: Postcode:

Contact person for correspondence:

Telephone No: Mobile:

Fax No: Email:

Signature: Date:

PROPERTY DETAILS:

Lot No: House No:

Street: Suburb:

Lot Size: Property No:

Loc. No: Diagram/Plan: Cert. of Title: Vol: Folio:

Title encumbrances (e.g. easements, restrictive covenants):

Nearest street intersection:

PROPOSED DEVELOPMENT:

Description of proposed works and/or land use:

Nature of development Works Use Works and use

Is an exemption from development claimed for part of the development Yes No

If Yes, is the exemption for: Works Use

Description of exemption claimed (if relevant):

Nature of any existing buildings and/or land use:

Estimated time of completion:

Approximate cost of proposed development (Exc. GST): $

NOTES: 1. The signature of the land owner(s) is required on all applications. This application will not proceed without these signature(s). For the purposes of signing this application an owner includes the persons referred to in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 clause 62(2).

2. The information and plans provided with this application may be made available by the Town of

Cambridge for public viewing in connection with the application Yes No

OFFICE USE ONLY:

Acceptance Officer's initials: DA Ref No _______DA 20____ Receipt No.


215 Schedule 2: Forms Form 2: Request to Amend Policy Manual

Form 2: Request to Amend Policy Manual

OWNER/APPLICANT DETAILS:

Name:

Address:

Telephone No: (work): (home):

(mobile):

Email: Fax No:

Contact Person:


Date: Date:

PROPERTY DETAILS (if applicable):

Lot No: House/Street No:

Street Name: Suburb:

Nearest Street Intersection:

Diagram/Plan: Certificate of Title: Vol: Folio:

Title Encumbrances:

REASONS FOR SEEKING AMENDMENT:

Office Use Only

File Ref No: Receipt No:

Date Received: Accepting Officer:

Incomplete applications will lapse 12 months from the date of the application


216 Schedule 2: Forms Form 3 : Request to Amend Town Planning Scheme

Form 3: Request to Amend Town Planning Scheme

OWNER DETAILS:

Name:

Address:


(mobile):

Email: Fax No:

Contact Person:


Date: Date: The signature of the landowner(s) is required. This application will not proceed without that signature.

APPLICANT DETAILS (if different to owner):

Name:

Address:


(mobile):

Email: Fax No:


Date: Date:

PROPERTY DETAILS (if applicable):

Lot No: House/Street No:

Street Name: Suburb:

Nearest Street Intersection:

Diagram/Plan: Certificate of Title: Vol: Folio:

Title Encumbrances:

REASONS FOR SEEKING AMENDMENT:

Office Use Only

File Ref No: Receipt No:

Date Received: Accepting Officer:

Incomplete applications will lapse 12 months from the date of the application


217 Schedule 2: Forms Form 4 : Notice of Application to Use or Develop Land

Form 4: Notice of Public Advertisement of Development Proposal

Planning and Development Act 2005

TOWN OF CAMBRIDGE

NOTICE OF PUBLIC ADVERTISEMENT OF DEVELOPMENT PROPOSAL Planning and Development (Local Planning Schemes) Regulations 2015

The Town of Cambridge has received an application to use and/or develop land for the following purpose and public comments are invited:

Lot No: …… House No:…… Street: ………………………………………………….…

Suburb: ………………………………………………………………………………………..

Proposal: ……………………………………………………………………………………..

…………………………………………………………………………………………………..

…………………………………………………………………………………………………..

…………………………………………………………………………………………………..

Details of the proposal are available for inspection at the Town of Cambridge, 1 Bold Park Drive, Floreat, WA. Comments on the proposal may be submitted to the Town of Cambridge in writing on or before the ………………….…….. day of …………………………………. 20

Signed: Dated:

For and on behalf of the Town of Cambridge


218 Schedule 2: Forms Form 5 : Notice of Planning Approval/Refusal

DA**

TOWN PLANNING SCHEME NO.1

Form 5: Notice of Determination on Application for Development Approval

PLANNING AND DEVELOPMENT ACT 2005

TOWN OF CAMBRIDGE

NOTICE OF DETERMINATION ON APPLICATION FOR DEVELOPMENT

APPROVAL

Lot: Plan/Diagram: Vol. No: Folio No: House No. Street: Suburb: Application date: Received on: Owner: Applicant:

Description of proposed development:……………………………………………………….. ………………………………………………………………………………………………….... …………………………………………………………………………………………………....

The application for development approval is:

Approved subject to the following conditions

Refused for the following reason(s)

CONDITIONS/REASONS FOR REFUSAL: Date of determination:


219 Schedule 2: Forms Form 5 : Notice of Planning Approval/Refusal

Note 1: If the development the subject of this approval is not substantially

commenced within a period of 2 years, or another period specified in the approval after the date of the determination, the approval will lapse and be of no further effect.

Note 2: Where an approval has so lapsed, no development must be carried out

without the further approval of the local government having first been sought and obtained.

Note 3: If an applicant or owner is aggrieved by this determination there is a right of

review by the State Administrative Tribunal in accordance with the Planning and Development Act 2005 Part 14. An application must be made within 28 days of this determination.

Note 4: This is a Development Approval of the Town of Cambridge under its Town

Planning Scheme No. 1 and related policies. It is not a building permit or an approval to commence or carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approvals, consents and licences required under any other law, and to commence and carry out development in accordance with all relevant laws.

Note 5: This approval is not an authority to ignore any constraint to development on

the land, which may exist through statute, regulation, contract or on title, such as an easement or restrictive covenant. It is the responsibility of the applicant and not the Town to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such constraint to development, regardless of whether or not it has been drawn to the Town’s attention.

DIRECTOR DEVELOPMENT AND SUSTAINABILITY For and on behalf of the Town of Cambridge

Dated:


220 Schedule 3: Local Law 43 Building on Endowment Lands and Limekilns Estate

SCHEDULE 3

Local Law 43: Building on Endowment Lands and Limekilns Estate

BACKGROUND

The Cambridge Endowment Lands Act 1920 was gazetted to assist the development of the area known as the Endowment Lands and Limekilns Estate. The area comprises most of Floreat and City Beach. A map showing the boundary of this area is located at the end of this Schedule.

Local Laws were enacted under this Act, including Local Law 43 (Building on Endowment Lands and Limekilns Estate). The contents of the Local Law reflect the development control needs and statutory processes available at the time of its gazettal (1950s). At that time, the former City of Perth had no Town Planning Scheme, and thus the Local Law was necessary to control land use and introduce development standards for the area.

The land use provisions have been made redundant by the Scheme, which reinforces the same requirements as the Local Law. Furthermore, the R-Codes and the Town’s Design Guidelines have superseded a number of requirements. There are, however, other development requirements contained in Local Law 43 that are still relevant and are used to assess development proposals within the Endowment Lands and Limekilns Estate. These requirements are listed below.

Clause 2B of Local Law 43 allows Council to approve development proposals that do not comply with the requirements of Local Law 43, if the Council is satisfied by absolute majority that:-

(i) the development would be consistent with the orderly and proper planning of the locality and the preservation of its amenities, and

(ii) the use to be made of the land and the non-compliance with the prescribed standard or requirement will not have any adverse effect upon the occupiers or users of the development or the property in or the inhabitants of the locality or the likely future development of the locality.

Additional ‘design principles’ are included below, to assist the Council in determining variations to the requirements of Local Law 43.



REQUIREMENTS

Materials of Construction

Clause 7 of Local Law 43

(a) All single storey single occupancy dwelling houses and all buildings other than dwelling houses shall be constructed of brick, stone, concrete or similar material, or of brick veneer.

(b) All other dwelling houses shall be constructed of brick, stone, concrete or similar material.

(c) Notwithstanding the provisions of this paragraph, the Council may at its discretion permit wooden gables to be incorporated in any building.

Roof Reflectivity

Clause 8 of Local Law 43

All buildings shall be roofed with materials constructed or terracotta concrete, slate, metal or other incombustible material approved by the Council provided that metal roofs, with a pitch of more than 5o shall not be constructed with metal sheeting having a solar reflectivity index exceeding 40% unless approved by the Council.

Outbuildings

Clause 8(A) of Local Law 43

Notwithstanding any other provisions of this Local Law one outbuilding of temporary construction for use as a garden shed or similar storage purpose may be erected on each lot provided:-

(i) its floor does not exceed 12 square metres and its height does not exceed 2.4 metres;

(ii) it has a skillion roof;

(iii) the external wall sheeting and roof material does not have a solar reflectivity index greater than 40%;

(iv) it is located at the rear of the existing dwelling as follows:-

(a) where the lot has a frontage only to one street by projecting a line from along the rear of the existing dwelling and extending to the side boundaries of the lot;

(b) where the lot has a frontage to more than one street a further line, in addition to (a) above, shall be projected from along the side of the existing dwelling nearest the street other than the street which such dwelling faces and extended to the rear boundary of the lot.



DESIGN PRINCIPLES USED TO ASSESS VARIATIONS TO LOCAL LAW 43

General (Clause 2B of Local Law 43)

(i) the development would be consistent with the orderly and proper planning of the locality and the preservation of its amenities, and

(ii) the use to be made of the land and the non-compliance with the prescribed standard or requirement will not have any adverse effect upon the occupiers or users of the development or the property in or the inhabitants of the locality or the likely future development of the locality.

Materials of Construction

Materials of a high quality finish may be used, which result in buildings of a high architectural and structural standard.

Roof Reflectivity

Where, due to the position, location, and pitch, the proposed roofing is not considered to result in excessive glare upon neighbours and the streetscape.

Notes:

1. Zincalume (silver) and Surf Mist (off white) colorbond are deemed to exceed 40% solar reflectivity index.

2. Other roofing materials such as polycarbonate, plastic, fibreglass or similar roofing is acceptable provided that the material does not have a solar reflectivity index exceeding 40% unless approved by the Council.

Outbuildings

Outbuildings that do not detract from the streetscape or the visual amenity of residents or neighbouring properties.



APPLICATIONS SUBJECT TO THIS LOCAL LAW

This policy applies to residential development in the area delineated in the map below, excluding Ocean Mia (area zoned Residential R30/40).

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