CITY OF GOSNELLS

LOCAL PLANNING SCHEME No 6

(District Scheme)

AMENDMENT No 135

Page 1

PLANNING AND DEVELOPMENT ACT 2005

RESOLUTION DECIDING TO AMEND A TOWN PLANNING SCHEME

CITY OF GOSNELLS

TOWN PLANNING SCHEME No 6 AMENDMENT No 135 RESOLVED that the Council, in pursuance of Section 75 of the Planning and Development Act 2005, amend the above town planning scheme by:

1) amending the Residential Density Code for Lot 2 and Pt Lot 22 Alcock Street, Maddington, from 'R17.5' to 'R25'; and 2) amending the scheme map accordingly.

Dated this …………………… day of ……………………..20… ……………………… ……………………… Chief Executive Officer Date

PROPOSAL TO AMEND A SCHEME

1. LOCAL AUTHORITY: CITY OF GOSNELLS 2. DESCRIPTION OF

LOCAL PLANNING SCHEME:

LOCAL PLANNING SCHEME NO. 6

3. TYPE OF SCHEME: DISTRICT ZONING SCHEME 4. SERIAL NUMBER OF

AMENDMENT: AMENDMENT NO. 135

5. PROPOSAL TO AMEND THE SCHEME BY AMENDING THE

RESIDENTIAL DENSITY CODE FOR LOT 2 AND PT LOT 22 ALCOCK STREET, MADDINGTON, FROM 'R17.5' TO 'R25' AS MORE CLEARLY SHOWN ON THE SCHEME AMENDMENT MAP

SCHEME AMENDMENT REPORT

1 SUMMARY OF THE SCHEME AMENDMENT The proposal is an amendment to the City of Gosnells Town Planning scheme No 6 to amend the Residential Density Code for Lot 2 and Pt Lot 22 Alcock Street, Maddington, from 'R17.5' to 'R25' as more clearly shown on the Scheme Amendment Map Figure 1 shows the location of the subject land in respect to the Albany Highway, Tonkin Highway and the railway. The subject land is about 16 kilometres from Perth CBD, about a kilometre from Kelvin Road and Tonkin Highway and is surrounded by public open space to the south and western sides.

FIGURE 1 - LOCATION PLAN Source: Landgate and PLANWEST

SUBJECT LAND

(lot 22 Alcock St)

2 BACKGROUND The City of Gosnells Town Planning Scheme No. 6 (TPS 6) was published in the Government Gazette on 15 February 2002. The scheme designated the majority of the residential areas within the City with an R17.5 base-density code under the provisions of the then Residential Design Codes. However, since that date, several pockets around the City have been designated with higher R-Code densities consistent with the Council's Local Housing Strategy (LHS). Some of these areas have already been developed to the higher density. Generally the areas of higher density include those in close proximity to major transport routes, transit oriented development areas, areas of higher amenity and activity centres.

Page 1

3 THE LAND The subject land includes all the land with Certificates of Title Volumes 2207 Folio 985 (Pt Lot 22) and Volume 2202 Folio 83 (Lot 2). A copy of these titles is attached in Appendix 1. A small extract of the plan incorporated as the Third Schedule of the superseded version of Certificate of Title Volume 2207 Folio 985 is shown below and which describes the boundaries of the subject land.

FIGURE 2 - TITLE EXTRACT Source: Landgate

The land subject of this amendment measures about 150 metres by 80 metres with a total of 1.12 hectares and is made up of two land holdings known as Lots 2 and Pt Lot 22 Alcock Street. Pt Lot 22 is the result of a subdivision process which involved excising Crown Reserve 40511 (located immediately north of the site), and Lots 2 and 21 Alcock Street leaving Part Lot 22 as the remainder. Reserve 40511 (5,591m2) was designated as the public open space contribution for the land under the provisions of the City’s Guided Development Scheme No. 9A (“Scheme 9A”) as part of that process. Figure 3 provides an aerial photograph of the surrounding area demonstrating the extent of development of the site and the surrounding built environment.

Page 2

FIGURE 3 - AERIAL PHOTOGRAPH OF SURROUNDING AREA

Pt Lot 221.03ha

ALCOCK STREET

HOFFM

AN

STR

EET

AROO

NA WAY

WA RRIDA WAY

BRAMFIE

LD

ROAD

Source: NearMap, PLANWEST

4 SITE DESCRIPTION The subject land abuts the Maddington main drain and will provide a necessary connection for existing residential areas through to Alcock Street. The land is largely clear of vegetation and development save that Lot 2 contains an existing residential dwelling circa 1970. The land slopes from the drain public open space area (north west) up to the west. The lowest part of the property is about 13.25m with the highest part being 15.25m above the Australian Height Datum. Land to east is largely developed for housing. The land to the west (north of Alcock Street) is designated for residential development and forms part of the Council's Maddington Road Precinct B - Outline Development Plan - Plan 5.

5 REGIONAL PLANNING CONSIDERATIONS 5.1 Metropolitan Region Scheme The site and surrounding land is classified as ‘Urban’ pursuant to the Metropolitan Region Scheme (MRS). 5.2 Directions 2031 The site is located within the south east sub region of Directions 2031; and identified as 'urban' land. The Directions 2031 promotes higher densities in greenfield development areas to assist in achieving the dwelling increase targets for the corridor. The increase in densities, coupled

Page 3

Page 4

with innovative design, is also seen as improving access to a variety of housing types, and potentially improving housing affordability. 5.3 State Planning Policies This amendment is consistent with State Planning Policy 3 - Urban Growth and Settlement.

In more particular with regard to;

Clause 5.1 - Creating sustainable communities; that specifies that the key requirements are, inter alia;

a) at bullet point 3 - providing a variety of choice in size, type and affordability of housing whereas in this case, TPS 6 does not deliver that outcome in the immediate locality (to the south-east of the creek line) as all the land in that area is invariably and singularly coded R17.5, which provides limited choice,

b) at bullet point 7 - higher density development be supported in the most accessible locations and adjacent to high amenity areas such as foreshore reserves and parks whereas in this case, the proposed smaller lots enjoy:

i. immediate proximity to public open space containing the creek line together with frontage to a (rear) road,

ii. immediate proximity to a large area of public open space and community facilities (located on the immediate south-west side of Alcock Street),

iii. close proximity to a state primary school (300m),

c) at bullet point 2 – to provide serviced land in the right locations for employment opportunity co-ordinate with efficient provision of transport whereas in this case, the proposed lots enjoy:

i. close proximity to industrial and commercial employment nodes (1.0 and 2.0 kilometres respectively); and,

ii. reasonably easy thoroughfare to major transports systems namely (Tonkin Highway (2.0 km) and Maddington train station (2.0km)

Clause 5.4 - specifying that the key elements to effective management of urban growth are:

a) at bullet point 1 - to consolidate residential development in existing areas whereas Maddington is a well established existing urban area.

b) at bullet point 2 – to give priority to intensification of development in under-utilized urban land whereas in this case the local urban area is, indeed, under-utilized.

Other State Planning Policies, although relevant, are difficult to apply in such a minor proposal.

5.4 Regional Strategy Plans Outer Metropolitan Peel and Perth - Sub-regional Strategy - August 2010 forms an integral part of Direction 2031 and beyond planning framework. Directions 2031 provides the highest level strategic metropolitan planning to guide the development of more detailed policies, strategies and plans. This strategy addresses issues beyond local government boundaries and requires a regional response to issues such as the provision of housing choice and affordability.

The Strategy aims to achieve higher densities with the appropriate service infrastructure whilst still protecting the environment. The subject land is in an area identified as 'urban zoned undeveloped' land. 5.5 Liveable Neighbourhoods The proposed development of the land will be consistent with the objectives and requirements of Liveable Neighbourhoods. Development on lots with frontage to the open space reserve (shown as Lots 1-5 in Figure 5) will not be permitted to construct a screen or solid fence to the open space. This requirement will ensure the development of those properties will be designed to encourage vigilance over the open space to increase security for users of the recreation link. Road widths are 14 metres wide consistent with the existing road reserves abutting the subject land. Warrida Way is 12 metres in width due to the presence of open space on the north side that requires no servicing. Development on each lot will conform to the setbacks and requirements of the R25 code set out in the Residential Design Codes.

6 LOCAL PLANNING CONSIDERATIONS 6.1 City of Gosnells Town Planning Scheme No.6 The land is subject to the provisions of the City of Gosnells TPS 6. The subject land is included in the ‘Residential’ zone with an R17.5 residential density coding under the Residential Design Codes incorporated into TPS 6. Figure 4 shows an extract the zonings of the City of Gosnells from the City of Gosnells web site.

FIGURE 4 - EXTRACT FROM GOSNELLS SCHEME 6

SUBJECT LAND

Source: City of Gosnells

Page 5

Page 6

6.2 City of Gosnells Town Planning Scheme No.9A Scheme 9A was finally approved by the Minister for Planning in October 1985. On the Scheme Map the western boundary of Pt Lot 22 aligns with the western extent of the Scheme Boundary. Scheme 9A was prepared to facilitate the subdivision and development of the scheme area. This includes the provision of public open space, services and an overall road pattern for the area. The Scheme area extends from the subject land on Alcock Street, north and eastwards to the Tonkin Highway and westwards approximately defined by the Maddington Branch drain. Lot 374 is not contained in Scheme 9A, nor is it part of Maddington Road Precinct B - Outline Development Plan - Plan 5. Clause 8.2 of Scheme 9A allows for variation to the scheme map as follows;

"8.2 Variations Permitted The Town Planning Board may permit alterations or variations to the Scheme Map where in its opinion circumstances justify such action, provided that no such alteration or variation shall be permitted if in the opinion of the Council and the Board it would impede the subdivision and development of the Scheme as a whole. "

6.3 Local Planning Strategy Although the Council has not yet prepared a Local Planning Strategy for the City, it has assembled various components that would contribute towards a Strategy. These components include a local housing strategy, a commercial centres strategy (currently being reviewed by an activity centres strategy). These components are briefly discussed below. 6.4 Local Housing Strategy A Local Housing Strategy was prepared by the City in 2006 was designed to contribute to a more sustainable form of residential development by facilitating more compact residential areas, which in turn make more efficient use of infrastructure. This has been achieved through:

the proposed residential densities being based on accessibility to services and facilities;

the promotion of diverse housing options; and adherence wherever possible to the Liveable Neighbourhoods principles.

The methodology used to develop this Strategy included the identification of 16 Housing Precincts within the City. Following this, the primary focus of the Strategy was to establish areas suitable for higher residential densities through the development of accessibility mapping which took into account the location of railway stations/public transport routes, public open space areas, local and retail centres and community facilities. 6.5 Activity Centres Strategy The City of Gosnells has a draft Commercial Strategy that was prepared in 2011. The strategy has recently been open for submissions. The strategy has negligible relevance to this proposal.

Page 7

7 PROPOSED AMENDMENT The proposed amendment seeks to increase the density permitted on the subject land from 'R17.5' to 'R25' under the Residential Design Codes as incorporated into TPS 6. Table 1 below shows the comparison of the two densities.

TABLE 1 - RESIDENTIAL DESIGN CODE EXTRACT 7

Minimum setbacks (m) 1 R

Code

2 Dwelling Type

3 Minimum site area

per dwelling

(m2)

5 Minimum frontage

(m) Primary street Secondary street Other/rear

Single house or grouped dwelling

Min 500 Av 571

12 6 1.5 * R17.5

Multiple dwelling 500 20 6 1.5 * Single house or grouped dwelling

Min 320 Av 350

8 6 1.5 * R25

Multiple dwelling 400 20 6 1.5 * Source: State Planning Policy 3.1, WAPC

As the table demonstrates the setbacks are identical for both densities, however the minimum frontages vary from 12 metres for the R17.5 density to 8 metres for the R25 code. In order to minimise the change in streetscape from the adjoining residential areas a proposed subdivision design will maintain the minimum frontage for the R17.5 code (ie. 12m). Two of the three road connections are already determined by existing constructed and gazetted roads including Warrida Way and Aroona Way. The connection to Alcock Street has been determined by the WA Planning Commission in its approval of Lot 2 Alcock Street (opposite Bramfield Road). Planning officers of the City have expressed a desire to have this road meet Alcock Street opposite Bramfield to provide for a 4 way intersection. This involves the subdivision of Lot 374 for the dedication and construction of the road which is beyond the capability of the owner of Pt Lot 22 as it has no proprietary interest in Lot 374. In addition, because Lot 374 is not within Scheme 9A, Scheme 9A funds cannot be spent on acquisition or construction of a road in the location of Lot 374 (even if 'spare' Scheme 9A funds were available). Nor is it in the interest the owner of Lot 374 to construct this road as there are no benefits as it would leave that owner with no lot production in that area which it would be able to sell in order to fund the road building (i.e. there would be no commercial motive available to justify the expense of constructing the road). Land in Lot 374 on the east side of the open space could be designated as a group housing site provided development was appropriately designed to face the open space. Lots facing the public open space areas should not be permitted to have screen fencing the public open space.

8 SUMMARY In summary, it is evident that this proposed amendment is relatively minor and is consistent with local and State policies for urban development. The impact on the environment is no different than the existing lower density coding of R17.5. Due to the endeavour to retain R17.5 setbacks and minimum lot frontages there will be no change to the streetscape than would be possible using the existing R17.5 density code.

APPENDIX 1 - CERTIFICATES OF TITLE

Page 8

Page 9

Page 10

PLANNING AND DEVELOPMENT ACT 2005

City of Gosnells

TOWN PLANNING SCHEME No. 6 AMENDMENT No 135 The Gosnells City Council under and by virtue of the powers conferred upon it in that behalf by the Planning and Development Act 2005 hereby amends the above town planning scheme by:

1) amending the Residential Density Code for Lot 2 and Pt Lot 22 Alcock Street, Maddington, from 'R17.5' to 'R25'; and 2) amending the scheme map accordingly.

Page 11

ADOPTION Adopted by resolution of the Council of the City of Gosnells at the Ordinary Meeting of the Council held on the ………………………... day of …………………20…. ……………………… ………………………............... MAYOR CHIEF EXECUTIVE OFFICER

RESOLUTION TO ADOPT AMENDMENT TO SCHEME FINAL APPROVAL Adopted for final approval of the City of Gosnells at the meeting of Council held on the …………………………………... day of …………………….. 20…. and the Common Seal of the City of Gosnells was hereunto affixed by the authority of a resolution of the Council in the presence of:

Page 12

……………………… ………………………. MAYOR Date ………………………. ………………………..

Seal

CHIEF EXECUTIVE OFFICER Date RECOMMENDED/SUBMITTED FOR FINAL APPROVAL …………………………………………………… ……………………… DELEGATED UNDER S.16 OF PD ACT 2005 Date FINAL APPROVAL GRANTED ………………………………………………….. ……………………… MINISTER FOR PLANNING Date

Page 13