Adoption of Proposed Amendment 119 to Local … structure plans are to have the same effect as if they were zonings within that local planning scheme. PROPERTY DETAILS Applicant: City

Ordinary Meeting of Council 10 May 2017

Page 1

3.1 ADOPTION OF PROPOSED AMENDMENT 119 TO LOCAL PLANNING SCHEME NO.17 - INTRODUCTION OF STRATEGIC REGIONAL CENTRE ZONE WITHIN THE MIDLAND CENTRAL AREA AND DELETION OF CITY CENTRE ZONES

Ward: (Midland/Guildford Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• At its meeting on the 10 June 2015, Council resolved to support the proposed amendment for advertising. The scheme amendment and the Midland Activity Centre Structure Plan and the Midland Oval Redevelopment Masterplan were all advertised at the same time to provide a ‘bigger picture’.

• A number of submissions were received that relate directly to the amendment and are summarised in the attached submissions table. The other submissions were dealt with as part of the adoption of the Midland Activity Centre Structure Plan (7 September 2016) and the endorsement of the Midland Oval Redevelopment Masterplan (30 January 2017).

• Since the proposed amendment was advertised for public comment, the Planning and Development (Local Planning Schemes) Regulations 2015 have come into effect. This has certain ramifications that necessitate certain changes to the initiated and advertised amendment, specifically the intention for use permissibility to be referenced back to the Midland Activity Centre Structure Plan and for this Structure Plan to prevail over the Scheme.

• Department of Planning staff have advised that the arrangement is at odds with the rationale behind the provisions pertaining to structure plans contained within the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015. Accordingly staff have modified the proposed amendment to insert a Land Use Permissibility Table into the Scheme as a new Schedule to apply to what is delineated and termed as the “Midland Strategic Regional Centre”.

• Land use within the Midland Strategic Regional Centre zone will be in accordance with Schedule 15 of LPS17, which includes the Land Use Permissibility Table. The development provisions for the Midland Strategic Regional Centre zone will be in accordance with the Midland Activity Centre Structure Plan and any associated Local Planning Policies.

It is recommended that the Council resolve to adopt for final approval Amendment No.119 to the City’s Local Planning No.17 with the modifications necessitated by the operation of the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015.


Page 2

AUTHORITY/DISCRETION

Section 75 of the Planning and Development Act 2005 allows a local government authority to amend its local planning scheme with the approval of the Minister for Planning.

Regulation 35 of the Planning and Development (Local Planning Schemes) Regulations 2015 requires a resolution of a local government to adopt an amendment to a local planning scheme which must specify if the amendment is a ‘basic’, ‘standard’, or ‘complex’ amendment.

The proposed amendment is considered to be a ‘Complex Amendment’ pursuant to Regulation 35 of the Planning and Development (Local Planning Schemes) Regulations 2015, noting that the amendment was initiated prior to the new Regulations being gazetted and that as such the advertising period was for 42 days and not the required 60 days.

Regulation 27 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 sets out the effect of a structure plan as an instrument to which due regard must be had by decision makers. The intent of this provision is to supplant all provisions in extant local planning schemes that stipulate that zonings depicted in adopted structure plans are to have the same effect as if they were zonings within that local planning scheme.

PROPERTY DETAILS

Applicant: City of Swan

Owner: City of Swan and Various

Zoning: LSP17 - Various Zones and reserves including: City Centre Commercial City Centre Showroom City Centre Mixed Use City Centre Shopping City Centre Residential Public Purpose Local Roads

MRS - Central City Area


Page 3

PUBLIC CONSULTATION

Public consultation was completed as per the following:

• Duration: • 42 days, with closing date being 14 September 2015

• Method:

• Newspaper – The West Australian and The Echo in the 1 August 2015 editions.

• 6 Signs on site located at intervals around the Midland Central Area.

• Notification letters to all landowners • Website

• Submissions received:

• 9 objections • 26 non-objections • Submissions are summarised in the Schedule of Submissions

which is an attachment to this report.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Submissions were received from the following agencies or interest groups and are summarised within the attached schedule of submissions:

• Swan Chamber of Commerce

• Main Roads

• Department of Aboriginal Affairs

• Western Power

• Department of Water

• Department of Parks and Wildlife, Rivers and Estuaries Division

• Department of Health

• Eastern Metropolitan Regional Council

• Department of Education

• Perth Airport

• Water Corporation.

PROPOSAL

Proposed Amendment No.119 to Local Planning Scheme No.17

The proposed scheme amendment is crucial in ensuring that the Midland Activity Centre Structure Plan (The Structure Plan) becomes the key tool for land use and development within the Midland Central Area. The Scheme amendment proposes to:


Page 4

Modify the Zoning Table

The Midland Activity Centre should be zoned under the Local Planning Scheme in a manner that is consistent with the Metropolitan Region Scheme and Activity Centre hierarchy as set out in SPP4.2. To ensure this occurs this amendment proposes to create a ‘Midland Strategic Regional Centre’ zone. Under the newly created zone, development and use of the land is to be in accordance with the Midland Strategic Regional Centre Land Use Permissibility Table within Schedule 15 of LPS17, the approved Activity Centre Structure Plan and any relevant Local Planning Policy.

Insert objectives for Midland Strategic Regional Centre Zone under Clause 4.2.1

Clause 4.2 sets out the objective of zones used within the scheme. It is necessary for the objectives of the proposed Midland Strategic Regional Centre zone to be included within this part of the Scheme to allow for interpretation of the intent of the zone when determining the appropriateness of an application.

Remove all City Centre zones and reference to them

The existing clauses 4.2.2 – 4.2.7, which details the objectives of each City Centre zone, are to be deleted. All reference to the City Centre zones, for example in Schedule 5 – Exempted Development and Schedule 5A – Exempted Advertisements, are to be removed and replaced with Midland Strategic Regional Centre zone where applicable. Thus enabling the schedules for exempted development and exempted advertisements to be relevant to the new zone.

Rezone from ‘Local Reserve – Local Road’ to ‘Midland Strategic Regional Centre’ zone

There is one small section of Local Road Reserve within the proposed Midland Oval Precinct (as part of the Midland Activity Centre Structure Plan) that is proposed to be included within the Midland Strategic Regional Centre zone to enable a more flexible approach to the structure planning of this area.

Modifications to the original Scheme Amendment proposal

Some minor modifications have been made to the proposal to update and ensure that the proposal is in compliance with the Planning and Development (Local Planning Schemes) Regulations 2015. Textual references where the Structure Plan prevails over the Scheme in relation to any inconsistencies have been deleted. Refer to the attachment which details the minor changes.

The original amendment document has been modified following discussions with Department of Planning Officers. The Land Use Permissibility table has been included within the scheme amendment and is proposed within schedule 15 of the Scheme. Previously the Land Use Permissibility table only sat within the Structure Plan. As the Structure Plan was advertised at the same time as the Scheme Amendment, further advertising of the amendment will not be required.


Page 5

CONCLUSION

The proposed rezoning of the Midland Central City Area is consistent with the State government’s policy objectives established by Directions 2031 and Beyond and State Planning Policy 4.2 Activity Centres for Perth and Peel.

Midland is identified as being a strategic metropolitan centre and as such is required to provide an enhanced level of employment activity, along with intensified residential densities, thereby supporting public transport investment, improving access to jobs and services, and allowing for intensified activity within the centres.

The proposed scheme amendment is crucial in ensuring that the Midland Strategic Regional Centre zone, and the land use permissibility table, becomes the key statutory planning tools, together with development guidance provided within the Midland Activity Centre Structure Plan and associated Local Planning Policies, for land use and development within the Midland Central area.

The Midland Activity Centre Structure Plan & Scheme amendment will encourage future investment in the area and promote a vibrant mix of residential, commercial, cultural and entertainment uses within the city centre.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to adopt for final approval of Amendment No.119 and forward the Amendment documentation with minor modifications to the Western Australian Planning Commission (WAPC) with a request that the Minister for Planning endorse it for gazettal with the minor modifications.

Implications: The WAPC and Minister for Planning will take the Council’s adoption of the amendment as part of their decision on the amendment.

This is the preferred option.

Option 2: Council may resolve not to adopt for final approval Amendment No. 119 to Local Planning Scheme No. 17 and advise the WAPC and the Hon Minister for Planning of the reasons for not proceeding with the adoption for final approval.

Implications: The Hon Minister will make the final determination on the amendment. If the decision is consistent with the Council’s resolution then Midland City Centre will remain with its current controls in accordance with the current zoning and the Midland Activity Centre Structure Plan and vision for the City Centre will not be realised.

This is not the preferred option.

ATTACHMENTS

Existing and proposed amendment maps

New Schedule 15 - Midland Strategic Regional Centre

Schedule of submissions


Page 6

STRATEGIC IMPLICATIONS

Midland Activity Centre Structure Plan

STATUTORY IMPLICATIONS

Planning and Development Act 2005

Planning and Development (Local Planning Scheme) Regulations 2015

City of Swan Local Planning Scheme No.17

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority


Page 7

RECOMMENDATION

That the Council resolve to adopt for final approval Amendment No.119 (with minor modifications) to Local Planning Scheme No. 17 by:

1) Rezoning all lands within the area bounded by Morrison Road, Byers Road, William Street, Great Eastern Highway, Cale Street and Lloyd Street from "City Centre – Residential” zone; "City Centre - Commercial Deferred” zone; "City Centre – Business” zone; "City Centre – Shopping” zone to a new zone - "Midland Strategic Regional Centre” zone, except land that is shown as ‘Public Purpose’, ‘Local Road’ and ‘Recreation’, to be shown on the Scheme Map and installed in the Legend in accordance with the Amendment Map.

2) Modifying the Scheme Text by deleting sub-clause 4.2.1 Strategic Regional Centre (General) and substitute with the following:

"4.2.1 Midland Strategic Regional Centre Zone

The objectives of the Midland Strategic Regional Centre Zone are to -

(a) ensure development of the centre accords with the WA Planning Commission's Policy as it applies to activity centres;

(b) facilitate the creation of employment within the centre so as to reduce the demand for travel, and enhance the level of self-sufficiency within the sub-region;

(c) promote the development of a wide range of commercial facilities and services including major offices, retailing and a mix of entertainment, recreation and community facilities to meet the needs of the sub-regional community;

(d) facilitate the complimentary development of housing so as to enhance the vibrancy of the centre, improve the viability of businesses and provide a wider choice of accommodation within the district;

(e) promote a high degree of accessibility to and within the centre, for users of all modes of transport (bus, rail, private car, cycle and pedestrian) and to avoid fragmentation of commercial development;

(f) enhance pedestrian connectivity within the centre, so as to facilitate movement between sites and from public and private transport nodes;

(g) encourage mixed uses and complementary development within the centre so as to enhance the viability of business and the efficient use of facilities and services;

(h) ensure future development and re-development accords with activity centre design principles as referred to in State Planning Policy No. 4.2, providing an integrated, attractive, safe and vibrant focus for the community;

(i) ensure car parking and access facilities do not disrupt the continuity of development or reduce pedestrian connectivity within the centre;

(j) ensure development and re-development within the centre affords appropriate recognition of heritage values and the character of existing streetscapes, with reference to scale, form and design.


Page 8

Note:

1. The development and use of land within the Midland Strategic Regional Centre zone shall be in accordance with Schedule 15 of LPS17 and the approved Midland Activity Centre Structure Plan.”

3) Modifying the Scheme Text by deleting sub-clauses 4.2.2 - 4.2.7 inclusive.

4) Modifying the Zoning Table at sub-clause 4.3 by:

• Deleting from the second column at the top of the Table:

• The term 'Strategic Regional Centre' and the following zones encompassed within that column:

City Centre - Business

City Centre - Shopping

City Centre - Showroom

City Centre - Mixed Use

City Centre - Residential

City Centre - Commercial Deferred

• the matrix of symbols within these zones cross-referenced against the use classes.

• Substituting a new term in the second column at the top of the Table - 'Strategic Centre'.

• Insert new zone 'Midland Strategic Regional Centre', with asterisk appended, beneath 'Strategic Centre', with the following text inserted for cross reference against the use classes:

"Development and use of land to be in accordance with the Midland Strategic Regional Centre zoning table – refer to Schedule 15"

(Refer to modified 4.3 Zoning Table, attached).

5) Modifying Clause 4.5 text from ‘Zoning Table to ‘Zoning Tables’, so that it reads:

“Despite anything contained in the Zoning Tables, the land specified in Schedule 2 may be used for the specific use or uses that are listed in additional to any uses permissible under the Zoning Tables in the zones in which the land is situated subject to the conditions set out in Schedule 2 with respect to that land.”

6) Modifying Clause 4.6 text from ‘Zoning Table’ to ‘Zoning Tables’, so that it reads:

“Despite anything contained in the Zoning Tables, the land specified in Schedule 3 may only be used for the specific use or uses that are listed and subject to the conditions set out in Schedule 3 with respect to that land.”

7) Delete sub-clause 5.3.1 and renumber the sub-clauses appropriately.


Page 9

8) Modifying Part 5A of the Scheme Text by:

• Deleting from the note beneath the heading the words - "the City Centre-Commercial Deferred zone" and substituting the words - "Midland Strategic Regional Centre zone".

• Deleting from (e) at sub-clause 5A.1.1 the words "City Centre - Commercial Deferred zone" and substituting with "Midland Strategic Regional Centre zone".

9) Modifying the ‘Schedules’ table of content by inserting under Schedule 1 the following:

“D. Land Use definitions applicable to Schedule 15 – Midland Strategic Regional Centre”

10) Modifying Schedule 1, by introducing:

“D. Land Use definitions applicable to Schedule 15 – Midland Strategic Regional Centre only

As well as the land use definitions contained in A. or B. above, the following additional land use definitions apply to the Midland Strategic Regional Centre zone:

“Short Term Residential”: means a building or buildings, which include self-contained units, for temporary accommodation of less than 3 months.

“Small Bar”: means licensed premises on land or buildings used for the onsite consumption of alcohol as outlined in Clause 4 (1aa) of the Liquor Control Act 1988.”

11) Amending the Exempted Development table in Schedule 5 and Schedule 5A by deleting from the second column all references to:

"City Centre - Mixed Use" "City Centre - Residential" "City Centre - Commercial Deferred" "All City Centre Zones…"

and substituting the words "Midland Strategic Regional Centre".

12) Introduction of new Schedule 15 – Midland Strategic Regional Centre into LPS17, to enable the Midland Strategic Regional Centre Land Use Permissibility Table, The Midland Strategic Regional Centre zoning plan, the Strategic Regional Centre Precinct Map and the Strategic Regional Centre Active Edge plan to be included as part of the Scheme. (Refer to proposed Schedule 15, attached).

13) Amending the Local Planning Scheme No. 17 Table of Content, Scheme Map and Legend Accordingly.

MOTION that Council resolve to: 1) Advertise the proposed modification to Amendment 119 to Local Planning Scheme

No.17 for a period of public comment of 42 days in accordance with regulation 42


Page 10

of the Planning and Development (Local Planning Schemes) Regulations 2015; and

2) Note the reason for changing the recommendation is to allow the public to make formal submissions on the proposed modifications to the Scheme zoning, specifically with respect to the Midland Oval precinct.

(Cr Johnson - )

MOTION LAPSED due to the lack of a seconder.

MOTION that the Council resolve to adopt the staff recommendation.

(Cr Bailey - Cr Lucas)

RESOLVED UNANIMOUSLY to adopt for final approval Amendment No.119 (with minor modifications) to Local Planning Scheme No. 17 by:

1) Rezoning all lands within the area bounded by Morrison Road, Byers Road, William Street, Great Eastern Highway, Cale Street and Lloyd Street from "City Centre – Residential” zone; "City Centre - Commercial Deferred” zone; "City Centre – Business” zone; "City Centre – Shopping” zone to a new zone - "Midland Strategic Regional Centre” zone, except land that is shown as ‘Public Purpose’, ‘Local Road’ and ‘Recreation’, to be shown on the Scheme Map and installed in the Legend in accordance with the Amendment Map.

2) Modifying the Scheme Text by deleting sub-clause 4.2.1 Strategic Regional Centre (General) and substitute with the following:

"4.2.1 Midland Strategic Regional Centre Zone

The objectives of the Midland Strategic Regional Centre Zone are to -

(a) ensure development of the centre accords with the WA Planning Commission's Policy as it applies to activity centres;

(b) facilitate the creation of employment within the centre so as to reduce the demand for travel, and enhance the level of self-sufficiency within the sub-region;

(c) promote the development of a wide range of commercial facilities and services including major offices, retailing and a mix of entertainment, recreation and community facilities to meet the needs of the sub-regional community;

(d) facilitate the complimentary development of housing so as to enhance the vibrancy of the centre, improve the viability of businesses and provide a wider choice of accommodation within the district;

(e) promote a high degree of accessibility to and within the centre, for users of all modes of transport (bus, rail, private car, cycle and pedestrian) and to avoid fragmentation of commercial development;


Page 11

(f) enhance pedestrian connectivity within the centre, so as to facilitate movement between sites and from public and private transport nodes;

(g) encourage mixed uses and complementary development within the centre so as to enhance the viability of business and the efficient use of facilities and services;

(h) ensure future development and re-development accords with activity centre design principles as referred to in State Planning Policy No. 4.2, providing an integrated, attractive, safe and vibrant focus for the community;

(i) ensure car parking and access facilities do not disrupt the continuity of development or reduce pedestrian connectivity within the centre;

(j) ensure development and re-development within the centre affords appropriate recognition of heritage values and the character of existing streetscapes, with reference to scale, form and design.

Note:

1. The development and use of land within the Midland Strategic Regional Centre zone shall be in accordance with Schedule 15 of LPS17 and the approved Midland Activity Centre Structure Plan.”

3) Modifying the Scheme Text by deleting sub-clauses 4.2.2 - 4.2.7 inclusive.

4) Modifying the Zoning Table at sub-clause 4.3 by:

• Deleting from the second column at the top of the Table:

• The term 'Strategic Regional Centre' and the following zones encompassed within that column:

City Centre - Business

City Centre - Shopping

City Centre - Showroom

City Centre - Mixed Use

City Centre - Residential

City Centre - Commercial Deferred

• the matrix of symbols within these zones cross-referenced against the use classes.

• Substituting a new term in the second column at the top of the Table - 'Strategic Centre'.

• Insert new zone 'Midland Strategic Regional Centre', with asterisk appended, beneath 'Strategic Centre', with the following text inserted for cross reference against the use classes:

"Development and use of land to be in accordance with the Midland Strategic Regional Centre zoning table – refer to Schedule 15"


Page 12

(Refer to modified 4.3 Zoning Table, attached).

5) Modifying Clause 4.5 text from ‘Zoning Table to ‘Zoning Tables’, so that it reads:

“Despite anything contained in the Zoning Tables, the land specified in Schedule 2 may be used for the specific use or uses that are listed in additional to any uses permissible under the Zoning Tables in the zones in which the land is situated subject to the conditions set out in Schedule 2 with respect to that land.”

6) Modifying Clause 4.6 text from ‘Zoning Table’ to ‘Zoning Tables’, so that it reads:

“Despite anything contained in the Zoning Tables, the land specified in Schedule 3 may only be used for the specific use or uses that are listed and subject to the conditions set out in Schedule 3 with respect to that land.”

7) Delete sub-clause 5.3.1 and renumber the sub-clauses appropriately.

8) Modifying Part 5A of the Scheme Text by:

• Deleting from the note beneath the heading the words - "the City Centre-Commercial Deferred zone" and substituting the words - "Midland Strategic Regional Centre zone".

• Deleting from (e) at sub-clause 5A.1.1 the words "City Centre - Commercial Deferred zone" and substituting with "Midland Strategic Regional Centre zone".

9) Modifying the ‘Schedules’ table of content by inserting under Schedule 1 the following:

“D. Land Use definitions applicable to Schedule 15 – Midland Strategic Regional Centre”

10) Modifying Schedule 1, by introducing:

“D. Land Use definitions applicable to Schedule 15 – Midland Strategic Regional Centre only

As well as the land use definitions contained in A. or B. above, the following additional land use definitions apply to the Midland Strategic Regional Centre zone:

“Short Term Residential”: means a building or buildings, which include self-contained units, for temporary accommodation of less than 3 months.

“Small Bar”: means licensed premises on land or buildings used for the onsite consumption of alcohol as outlined in Clause 4 (1aa) of the Liquor Control Act 1988.”

11) Amending the Exempted Development table in Schedule 5 and Schedule 5A by deleting from the second column all references to:

"City Centre - Mixed Use" "City Centre - Residential" "City Centre - Commercial Deferred" "All City Centre Zones…"

and substituting the words "Midland Strategic Regional Centre".


Page 13

12) Introduction of new Schedule 15 – Midland Strategic Regional Centre into LPS17, to enable the Midland Strategic Regional Centre Land Use Permissibility Table, The Midland Strategic Regional Centre zoning plan, the Strategic Regional Centre Precinct Map and the Strategic Regional Centre Active Edge plan to be included as part of the Scheme. (Refer to proposed Schedule 15, attached).

13) Amending the Local Planning Scheme No. 17 Table of Content, Scheme Map and Legend Accordingly.

No Window

LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17LOCAL PLANNING SCHEME No 17AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119AMENDMENT No 119 PROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONINGPROPOSED ZONING

Scale 1 : 7500April 2017

TEMPLEMAN

SAYE

RST

CO

OPE

R S

T

SAMPSON

CRESCENTTHE

MORRISON RD

CRESCENT

AVENUETHEAVE

STW

ILLI

AM BU

RG

ESS

ST

RD

EASTERN

LENNA

AVE

ST

ST

GREAT

RDRAILWAY

ST

CA

LE

BU

RY

TCE

MA

RIO

NST

HEL

ENA

ST STA

FFO

RD

LA

OLD

GAR

TREL

L

ST

ST

LLO

YD

MEL

LAR

CT

PL

CL

KEA

NE

SAYE

R

NORTH

CHARLES

GR

EAT

ST

NEW

BO

ND

ST

ST

NORT

HE

DUDL

EY

ELVI

R

FRED

ERIC

HWY

PAR

KR

DSP

RIN

G

ST

NORTHER

N

GT

HYDE ST

VICTORIAST

RD

HARPER

RD

ST

THE

MORRISON

HWYEASTERN

HEBE LAYELVERTON

D

CA

RD

IFLA

ST

POYNTON

ERS

GREAT

LEGENDLocal ReserveLocal Reserve

Recreation

Local Road

To be included in Local Road

Strategic Regional Centre Zones

Midland Strategic Regional Centre

Schedule 15 – Midland Strategic Regional Centre

A: Land Use Permissibility Table for the Midland Strategic Regional Centre


Land Use

Precincts

Morrison Road West Morrison Road East Midland Oval Midland West End Midland Gate

Residential Mixed Use Retail/ Commercial

Residential Mixed Use Residential/

Commercial Mixed Use Retail/

Commercial Retail/Regional

Shopping

Aged or Dependent Persons Dwelling

P P P A D X

Agriculture - Extensive X X X X X X

Agriculture - Intensive X X X X X X

Agroforestry X X X X X X

Amusement Parlour X X X X X D

Ancillary Accommodation X X X D D X

Animal Establishment X X X X X X

Animal Husbandry - Intensive

X X X X X X

Bed and Breakfast D P D P P X

Betting Agency X X X A P P

Cabin or Chalet X X X X X X

Camping Area X X X X X X

Car Park X X X A A A

Caravan Park X X X X X X

Caretaker's Dwelling X D X D D X

Child Care Premises A P A P P P

Cinema/Theatre X X X D D P

Civic Use X D X P P D

Club Premises X X X A A X

Community Purpose X A X D A P

Consulting Rooms D D D D D D

Convenience Store X A X D D D

Corrective Institution X X X X X X


Land Use

Precincts






Shopping

Educational Establishment

D D D D D D

Equestrian Facility X X X X X X

Exhibition Centre X D X D D A

Family Day Care D P P D D D

Fast Food Outlet X D X D P P

Food and Beverage Production

X X X X X A

Fuel Depot X X X X X X

Funeral Parlour X X X X X X

Garden Centre X X X X X D

Grouped Dwelling P X P X X X

Home Business D D D D D D

Home Occupation A P A P P P

Home Office D P D P P P

Home Store X A X D A A

Hospital X A X A A A

Hotel A X X D D A

Industry - Cottage X X X X X X

Industry - Extractive X X X X X X

Industry – General X X X X X X

Industry - Light X X X X X X

Industry - Mining X X X X X X

Industry – Noxious X X X X X X

Industry - Rural X X X X X X


Land Use

Precincts






Shopping

Industry - Service X X X X X D

Lunch Bar X D X D D P

Marine Filling Station X X X X X X

Market X [see note (a)] X [see note (a)] X [see note (a)] X [see note (a)] A [see note (a)] D [see note (a)]

Medical Centre X A X D D D

Motel X X X X D X

Motor Vehicle Repair X X X X X X

Motor Vehicle Wash X D X D D D

Motor Vehicle, Boat or Caravan Sales

X X X D X D

Multiple Dwelling P (see note b) P (see note b) P (see note b) P (see note b) P (see note b ) A (see note b)

Night Club X X X A A X

Office X P X P Ground Floor: D Upper Floors: P

P

Place of Assembly X A X D D P

Place of Worship X A X D D D

Radio & TV Installation Private

A D A D D D

Reception Centre X D X D D D

Recreation - Private A D X D D D

Recreation - Public X A X D D D

Residential Building A A (see note b & c) A A (see note b & c) A (see note b & c) X

Restaurant A D (see note d) X P (see note d)) P (see note d) P (see note d)


Land Use

Precincts






Shopping

Restricted Premises X X X A A A

Roadhouse X X X X X X

Rural Pursuit X X X X X X

Service Station X X X D X D

Shop X D (see note d) X P (see note d) P (see note d) P

Short Term Residential D D (see note c) D A (see note c) A (see note c) A (see note c)

Showroom X X X A A D

Single Bedroom Dwelling X P (see note c) P P (see note c) P (see note c) P (see note c)

Single House X X D X X X

Small Bar X X X D D D

Storage X X X X X X

Tavern X X X D D D

Telecommunications Infrastructure

X X X A A A

Tourist Facilities X X X D D D

Trade Display X X X X X X

Transport Depot X X X X X X

Vehicle Wrecking X X X X X X

Veterinary Centre X X X A X X

Warehouse X X X X X X

Winery X X X X X X

Note:

a) Provided that ‘Market’ may be permitted on public land by the Local Government b) Ground floor land use shall be non-residential at the street frontage for buildings along areas identified in the Active Edge map (See schedule 15 – plan D below) c) Ground floor of development may contain residential uses within ‘Commercial and Residential Front Door’ street frontages as defined by the Active Edge map. d) Shops and Restaurants shall only be allowed in conjunction with commercial and/or residential uses within the ‘Commercial and Residential Front Door’ street

frontages as defined by the Active Edge map.

A (i): Interpretation of the Land Use Permissibility Table for the Midland Strategic Regional Centre

The permissibility of any uses is determined by cross-reference between the list of use classes on the left-hand side of the Land Use Permissibility Table for the Midland Strategic Regional Centre and the list of precincts at the top of the Table. Schedule 15 C – shows the Midland Strategic Regional Centre Precincts Where a specific use is mentioned in the Land Use Permissibility Table for the Midland Strategic Regional Centre, it is deemed to be excluded from the general terms used to describe any other use.

A (ii) The symbols used in the cross reference in the Land Use Permissibility Table for the Midland Strategic Regional Centre have the following meanings: ‘P’ means that the use is permitted by the Scheme providing the use complies with the relevant development standards and the requirements of the Structure Plan; ‘D’ means that the use is not permitted unless the local government has exercised its discretion by granting planning approval; ‘A’ means that the use is not permitted unless the local government has exercised its discretion by granting planning approval after giving special notice in accordance with Clause 9.4 of the Scheme; and ‘X’ means a use that is not permitted.

A (iii) Where a person proposes to carry out on land any use that is not specifically mentioned in the Land Use Permissibility Table for the Midland Strategic Regional Centre and cannot reasonably be determined as falling within the type, class or genus of activity of any other listed use class, the local government may:

determine the use to be consistent with the general objectives of the Strategic Metropolitan Centre and/or the intent of the particular Precinct and thereafter follow the advertising procedures as set out by Clause 9.4 in the Scheme in considering an application for planning approval; or

determine that the use is not consistent with the general objectives of the Strategic Metropolitan Centre and/or the intent of the particular Precinct and is therefore not permitted.

B: Midland Strategic Regional Centre zone plan

C: Midland Strategic Regional Centre Precincts

D: Midland Strategic Regional Centre Active Edge plan

SCHEDULE OF SUBMISSIONS PROPOSED AMENDMENT 119 TO LOCAL PLANNING SCHEME NO. 17

Midland Activity Centre - Various properties in Midland

No Name/Address Summary of Submission Council’s Recommendation

Commission’s Recommendation

1

Main Roads No objection The Strategic Regional Centre zone boundary is shown located to the north of the Morrison Road reservation. Should this be relocated to the south of the road reservation? At the time of the submission (October 2015), Main Roads did not support the Midland Activity Centre Structure Plan as there were outstanding issues relating to the Transport Assessment and a Noise Assessment Report.

The intention of the boundary was to allow for aesthetic upgrades to the road to be under the umbrella of the Midland Activity Centre Structure Plan (MACSP). The outstanding issues that were raised by Main Roads in their submission have since been resolved.

2

Department of Aboriginal Affairs

No objection There are currently no known Aboriginal sites registered with the DAA within the Subject Area. There are therefore no known heritage reasons why the proposal cannot proceed.

Noted

3

Western Power No comment in respect to Amendment No. 119 and notes that the Midland Junction substation is appropriately reserved ‘Public Purposes’ under the Local Planning Scheme No. 17.

Noted

4

Department of Water The DoW cannot support the proposed structure plan amendment as the Local Water Management Strategy has not been finalized.

The Local Water Management Strategy has now been finalized and the City of Swan have had it endorsed by the Department of Water.

5

Department of Parks and Wildlife Rivers and Estuaries Division

The LWMS should be finalized prior to progressing the Structure Plan. Any proposals or documents that may impact on water quality within the Helena River should be referred to the Rivers and Estuaries Division.

The LWMS has been undertaken as part of the Midland Structure Plan. Noted.

6

Department of Health No objection provided that all developments are required to connect to scheme water and

Noted

reticulated sewerage as required by the Government Sewerage Policy – Perth Metropolitan Region.

7

Eastern Metropolitan Regional Council (EMRC)

No objection Noted

8

Department of Education

No objection Noted

9

Perth Airport No objection Noted

10

Water Corporation No objection Noted

11

Swan Chamber of Commerce

No objection Comments were made in relation to the Midland Activity Centre Structure Plan and the Midland Oval Redevelopment Masterplan, but not directly about the amendment.

Noted

12

P Gibson 4 Old Great Northern Highway, Midland

No objection Noted

13

T Giorgetta 17/42 The Crescent, Midland

No objection Noted

14

F.M. Parry 44 Loton Ave, Midland

No objection Noted

15

P Jonath 1/55 Loton Ave, Midland

No objection Noted

16

D Jackson 111A Morrison Road, Midland

No objection Noted

17

M. E. Burton 1/42 Woxton St, Midlnad

No objection Noted

18

G Cottam 9/4 Cale Street, Midland

No objection Noted

19

A J Easton Jeanes Unknown

No objection Noted

20

W Fawcert 4/42 Loton Ave, Midland

No objection Noted

21

T & M Kyme 262 Bernard Road, Nth Carabooda

No objection Noted

22

L Natale 53 Loton Ave, Midland

Objection Does not want extra traffic and social trouble with extra housing. I am not interested in selling.

Noted.

23

M Taramto 17 The Crescent, Midland

No objection Noted

24

J Coote & M Richards 1/62 Sayer Street, Midland

No objection Noted

25

S & P Gourley 11/7 Templeman Place, Midland

No objection Noted

26

L Leopold 6/37 North Road, Midland

No objection Noted

27

N Renzullo 13A Cooper Street, Midland

No objection I do not for see any problems with this development proceeding.

Noted

28

R & J Zeplin 5/63 The Crescent, Midland

No objection Noted

29

Bono C.P. Harper Street Woodbridge

No objection Noted

30

M Hassija ATCO Gas

No objection The gas supply to the area can be enhanced to meet the incremental demand. The company looks forward to working together with the City of Swan and the community.

Noted

31

F Sammel 8/7 Templeman Place, Midland

No objection Noted

32 V Tutterly No objection Noted

Whelans Town Planning on behalf of Lot 3 Brockman Road and Great Eastern Highway

Amendment 119 will provide a more flexible approach to planning in conjunction with the proposed Midland Activity Centre Structure Plan.

33

C Eisenhauer 2/39 Loton Ave, Midland

No objection Midland has definitely improved in the 5 years I have lived here, from a no-go zone to trendy cafes and apartments. This development will extend that.

Noted

34 G Bellotti 1/35 North Street, Midland

Objection Stick with the planning scheme you have it has proved well in the past. Seems like ‘change for change sake’.

Noted

35 B Chen & P Zhu 2/50 Sayer Street, Midland

No objection Please speed up the developments in Midland, we look forward to it.

Noted

36 R. Kirkham Loton Ave, Midland

Object We do not like the overcrowding of our street, too much traffic and high rise units with no space.

Noted

37 L Armstrong 6/18 Byers Road, Midland

No objection

Noted

38 M Di Fulvio 412 & 413 Cale Street, Midland

No objection Noted

39 J Catalano 5 Elvire Street, Midland

Object A concrete jungle – ugly, hideous and unhappy. Not enough active and passive spaces. Community participation has been ignored. This will not succeed as it has not got a community involved or in mind.

These comments relate to the Midland Activity Centre Structure Plan (MACSP) and the Midland Oval Redevelopment Masterplan.(MORM)

40 T Newman 43 North Street Midland

No objection, however has concerns about overlooking and issues with traffic and parking.

Traffic and parking have been addressed in both the MACSP and MORM

41 R.M Cashmorg 2/112 Morrison Road, Midland

No objection Comments made in relation to MACSP and MORM.

Noted

42 S Davidson Object Noted

41 North St, Midland The City of Swan have significantly reduced community spaces in the last 5 years. There are already high rise residential properties on Morrison Road and Juniper Gardens which aren’t occupied – why build more? Make spaces for community not business!

The amendment supports the MACSP & MORM, which have been developed to help create a more vibrant, well planned city centre for Midland which is designated a Metropolitan Region Centre

43

R McCrae 15 Old Gt.Northern Highway, Midland

Object To have a varied zoning across a section of CBD is very restricting in promoting future development. A very liberal approach is required to ensure the old and new can be made viable. The proposed Midland West End has not been successful in the last 20 years. This area much be re-activated with greater access, lighting and activity. Landgate is at 50% occupancy & Midland Oval shows new civic buildings & library. What is intended for these existing buildings as well as the old bankwest and commercial land on Old Great Northern Highway currently used as a carpark?

Noted The MACSP & MORM are long term planning plans to guide future development.

44

O McCrae 2/35 North Street Midland

Object In the current economic climate we do not need more business. Serve your community instead of business. Other comments made relate directly to the MACSP and MORM.

Noted

45

Burgess Design Group on behalf of the owners of 1/53 The Crescent, Midland

Objection Comments relate to complexity of changes the two strategic documents make including MACSP & MORM, no specific comments made in relation to Amendment 119.

Noted

46

P Irwin Architect, Urban Designer, Resident 50 Harper Street, Woodbridge on behalf of “hundreds’ of

Objection The comments made within this submission directly relate to the MASCP and MORM. The objection is related to the removal of Midland Oval, which the submitter states should be redeveloped as an oval and not used as

Noted

others in Midland and surrounds

“commercial/Retail mixed or whatever”.

Documents

Adoption of Proposed Amendment 119 to Local … structure plans are to have the same effect as if they were zonings within that local planning scheme. PROPERTY DETAILS Applicant: City