CITY OF CANNING TOWN PLANNING SCHEME NO. 40 AMENDMENT NO Scheme Amendment Report

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1 CITY OF CANNING TOWN PLANNING SCHEME NO. 40 AMENDMENT NO. 225 Scheme Amendment Report

2 Contents 1 Introduction Proposed Amendment & Justifications Land Use Naming Changes (Regulations Uses) Land Use Naming Changes (Non-Regulation Uses) Holiday Accommodation Land Use Permissibility Car Parking Requirement Definition Holiday House Land Use Permissibility Car Parking Requirement Definition Hospital Land Use Permissibility Car Parking Requirement Definition Liquor Store Large & Liquor Store Small Land Use Permissibility Car Parking Requirement Definition Motor Vehicle Wash Land Use Permissibility Car Parking Requirement Definition Factory Tenement Building Existing Land Use Permissibility Changes Amendments to Table 4 Land Use Parking Requirements Bed and Breakfast Lunch Bar Office Restaurant / Café Take-Away Food Outlet Deletion of subclause & Application clauses Subclause and paragraph Paragraph Paragraph (v) Paragraph Clause Minimum Lot Area Requirements for Rural and Special Rural Lots Paragraph & Community Building Supplemental Provisions Schedule B Administrative and Wording Changes Other Considerations Conclusion Appendices i

3 PLANNING AND DEVELOPMENT ACT 2005 RESOLUTION DECIDING TO AMEND A TOWN PLANNING SCHEME CITY OF CANNING TOWN PLANNING SCHEME NO. 40 AMENDMENT NO. 225 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 name of the following land uses throughout the Scheme text to match the Planning and Development (Local Planning Schemes) Regulations 2015 and place in alphabetical order in Table 3 & 4 and Part 6: a. Ancillary Accommodation to Ancillary Dwelling; b. Child Day Care Centre to Child Care Premises; c. Cottage Industry to Industry Cottage; d. Public Exhibition to Exhibition Centre; e. Family Day Care Centre to Family Day Care; f. Plant Nursery to Garden Centre; g. General Industry to Industry; h. Extractive Industry to Industry Extractive; i. Light Industry to Industry Light; j. Rural Industry to Industry Primary Production; k. Mechanical Repair Station to Motor Vehicle Repair; l. Vehicle Sales Premises to Motor Vehicle, Boat or Caravan Sales; m. Public Worship to Place of Worship; and n. Reception Lodge to Reception Centre. 2. Amending the name of Aged and Dependent Person s Dwelling and Aged and Dependent Person s Dwellings to Aged or Dependent Persons Dwelling throughout the Scheme text to match the term in the R-Codes. 3. Amending the name of the following land uses throughout the Scheme text to ensure a consistent naming convention in the Scheme and placing in alphabetical order in Table 3 & 4 and Part 6: a. Hazardous Industry to Industry Hazardous; b. Noxious Industry to Industry Noxious; c. Service Industry to Industry Service; 1

4 d. Vehicle Workshop to Motor Vehicle Workshop; and e. Vehicle Wrecking to Motor Vehicle Wrecking. 4. Inserting the following land uses into Table 3 Zoning Table, Table 4 Land Use Parking Requirements and Part 6 Terms Referred to in the Scheme in alphabetical order: a. Holiday Accommodation; b. Holiday House; c. Hospital; d. Liquor Store Large; e. Liquor Store Small; and f. Motor Vehicle Wash. 5. Removing Factory Tenement Building from Table 3 Zoning Table, Table 4 Land Use Parking Requirements & Part 6 Terms Referred to in the Scheme. 6. Amending the land use permissibility of the following land uses: a. Bed and Breakfast in the Centre zone from X to A ; b. Cattery in the Special Residential / Kennel zone from I to D ; c. Motor Vehicle, Boat or Caravan Sales in the Centre zone from X to A ; and d. Motor Vehicle Repair in the Centre zone from X to A. 7. Amending the car parking requirements in Table 4 Land Use Parking Requirements for the following land uses: a. Bed and Breakfast; b. Lunch Bar; c. Office; d. Restaurant/Café; and e. Take-Away Food Outlet. 8. Amending the following land uses in Table 4 Land Use Parking Requirements but retain the existing parking standards: a. Shop and Shopping Centres to Shop ; b. Spray Painting (Non Automotive) to Spray Painting (Non-Automotive) ; and c. Stock Holding and Salesyard to Stock Holding and Salesyards. 9. Amending paragraph & (h) to replace the words Schedule B with Australian Standard AS Deleting subclause Control of Advertisements and subclause Control of Satellite Dishes, Microwave Antennae and Radio Masts and renumbering the existing subclause Heritage Protection to Heritage Protection. 2

5 11. Inserting the following text under clause 4.9 Residential Development Requirements: The provisions of this clause are applicable to the following zones: (a) Residential; and Special Residential / Kennel. 12. Amending subclause Commercial Vehicle Parking in Residential Zones to delete the words licensed and unlicensed. 13. Amending subclause Display Home Centres by deleting paragraphs (a) and and amending the text to read as follows: The local government may approve the development of a Display Home Centre in any Residential zone subject to the approval being limited to a period of twelve (12) months from the date of the local government s approval, or such further period as may be approved by the local government. 14. Inserting a new subclause to read as follows: Catteries, Kennels and Veterinary Establishments Within the Residential zones, development of a cattery, kennel, veterinary hospital or veterinary clinic shall not be permitted on a lot unless a residence is developed concurrently on the same lot; such residence being for the use of either the cattery or kennel operator or a person qualified or experienced in the treatment of animal disabilities. 15. Inserting the following text under clause 4.10 Industrial Development Requirements: The provisions of this clause are applicable to the following zones: (a) (c) General Industry; Light Industry; and Mixed Business. 16. Deleting paragraph (a) and renumbering the remaining paragraphs accordingly. 17. Amending paragraph by replacing the paragraph in its entirety with the following: In cases where the façade of a building is set back no less than 21 metres from the street which it faces or otherwise which is nearest to it, the local government may permit the walls in the façade to be constructed of materials other than those required by paragraph (a), provided that the materials proposed to be used are structurally and aesthetically acceptable to the local government. 18. Amending paragraph (i) to read as follows: the accessway shall be constructed to allow for vehicles to enter a street in forward gear; 19. Amending paragraph (v) by replacing the text in its entirety with the following: (v) development on lots with a frontage of 28 metres or more is to be designed to be accessed by a 12.5 metre long medium rigid vehicle. 20. Deleting subclause and renumbering the remaining subclauses accordingly. 3

6 21. Deleting subclause (previously ) and replacing with a new subclause Storage of Goods and Materials which reads as follows: (a) In any Industrial zone where the open storage of goods or materials is permitted and the goods and materials stored are, in the opinion of the local government, of an untidy nature and likely to give offence to adjoining owners or have an adverse effect upon the general appearance of the area, the local government may require: (i) (ii) the owner or occupier to restrict the height to which goods and materials may be stored; and the screening of the open storage area by a visually impermeable fence and the planting of trees and/or shrubs as may be considered desirable. (c) The height to which storage is to be restricted, the height, design and specifications of the fence, distance from side or rear boundaries of the site, and the nature and extent of the planting shall be determined by the local government in respect of each case taking into consideration any matters it considers relevant including the physical characteristics and the zoning classification of surrounding land. A front fence erected pursuant to this subclause shall not be erected in front of the setback line unless approved otherwise by the local government. 22. Amending clause 4.11 by adding the following text: The provisions of this clause are applicable to the following zones: (a) (c) (d) (e) Commercial; Highway Commercial; Industrial Service; Service Station; and Shopping. 23. Amending subclause by deleting paragraph in its entirety and replacing paragraph (a) with the following text: Any building with the exception of buildings associated with Trade Display erected within a Commercial Zone to which this clause applies shall comply with the following façade requirements: (a) Each facade of the building shall be constructed of brick, stone, concrete or glass or a combination of those materials or similar material as approved by the local government; and Panel filling of other building materials to a design approved by the local government may be permitted on external walls above 2 metres from the level of the ground floor. 4

7 24. Amending paragraph (i) by replacing the text with: (i) the accessway shall be constructed to allow for vehicles to enter a street in forward gear; 25. Amending paragraph (ii) by deleting the words Such paved area shall be of such size that if no alternative route exists, vehicles may turn so as to return to the right of way and the street in forward gear and replace with the words The required paved area shall be of such size that if no alternative route exists, vehicles can enter the right of way and the street in forward gear. 26. Amending clause 4.12 Rural Development Requirements by inserting the following: The provisions of this clause are applicable to the following zones: (a) Rural; and Special Rural. 27. Rearranging clauses in clause 4.12 and breaking up into subclauses to provide for better readability. 28. Amending Table 7 Rural Zone Requirements to include a minimum lot area requirement. 29. Amending clause 4.13 by inserting the following text: The provisions of this clause are applicable to the Private Clubs and Institutions zone. 30. Amending paragraph to exempt single house development from requiring a development approval in the 20 to 25 ANEF contour if a notification on title is already present. 31. Amending paragraph to exempt single house development from requiring a development approval in the 20 to 25 ANEF contour if a notification on title is already present. 32. Amending subclause by deleting the terms absolute majority, Albany Highway (Canning) Policy Plan, authorized officer, communal open space, Council, major opening, private open space, radio and television installations and street alignment as the terms are no longer used in the Scheme. 33. Amending subclause by replacing the definitions of commercial vehicle and frontage with those from the Planning and Development (Local Planning Schemes) Regulations Amending subclause by deleting the words and allotment has the same meaning from the definition of lot as the term allotment is no longer used in the Scheme. 35. Amending subclause by deleting the terms open space and Structure Plan as they are defined in the R-Codes and Planning and Development (Local Planning Schemes) Regulations 2015 respectively. 36. Amending subclause by moving the terms occasional use and public utility to clause 6.2 in appropriate alphabetical order as the terms are land uses under the Scheme. 5

8 37. Amending subclause by inserting the definitions of predominant use and short-term accommodation from the Planning and Development (Local Planning Schemes) Regulations Amending clause 6.2 by deleting the terms aged or dependent person, ancillary accommodation, grouped dwelling, multiple dwelling, residential building, single bedroom dwelling and single house as the definitions are addressed by the R-Codes. 39. Amending clause 6.2 by changing the definitions of the following land uses to those from the Planning and Development (Local Planning Schemes) Regulations 2015: a. Caravan park; b. Club premises; c. Educational establishment; d. Exhibition centre; e. Fuel depot; f. Garden centre; g. Home store; h. Industry; i. Industry extractive; j. Industry light; k. Industry primary production; l. Market; m. Motor vehicle, boat or caravan sales; n. Motor vehicle repair; o. Place of worship; p. Reception centre; q. Restaurant/café; r. Restricted premises; and s. Transport depot. 40. Amending clause 6.2 by amending the definition of community building to remove Hospital related components of the definition. 41. Amending clause 6.2 by deleting the definitions of cultural use, factory unit and general industry. 42. Amending clause 6.2 by inserting the definitions of holiday house, holiday accommodation, hospital, liquor store large, liquor store small and motor vehicle wash from the Planning and Development (Local Planning Schemes) Regulations 2015 in appropriate alphabetical order. 6

9 43. Amending clause 6.2 by changing the following land use names to ensure consistency of terminology throughout the Scheme: a. kennel to kennels ; b. special facility to special facilities ; c. spray painting - non automotive to spray painting (non-automotive) ; and d. stockyard to stock holding and salesyards. 44. Amending clause 6.2 by deleting the words means a facility and replacing with the words means facilities in the definition of special facilities (previously special facility ). 45. Amending Schedule A Supplemental Provisions to the Deemed Provisions by inserting a point (l) as follows: (l) the installation of roof mounted solar collectors. 46. Deleting Schedule B Car Parking and Manoeuvre Specifications, renumbering the remaining schedules accordingly and update references throughout the Scheme to the Australian Standards. 47. Deleting the words (Hairdressing) from the Additional Uses column of Additional Use No. 62 in Schedule C (previously Schedule D). 48. Amending wording throughout the Scheme to ensure better readability. 49. Updating cross references and numbering throughout the Scheme as required. Dated this 20 day of September 2016 Athanasios (Arthur) Kyron Chief Executive Officer 7

10 1 Introduction Scheme Amendment No. 225 (the Amendment) to Town Planning Scheme No. 40 (the Scheme) follows on from Scheme Amendment No. 221 to the Scheme which brought the Scheme closer to the Model Provisions introduced by the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations). The Amendment seeks to make further changes to the Scheme text to bring the Scheme closer to the Model Provisions and improve consistency and readability throughout the text. The Amendment also introduces a number of land uses from the Regulations into the Scheme. 2 Proposed Amendment & Justifications The Amendment proposes numerous changes through the Scheme text. The most significant changes proposed by the Amendment are: 2.1 Land Use Naming Changes (Regulations Uses) The Amendment proposes to rename the following land uses to equivalent land uses from the Regulations: a. Ancillary Accommodation to Ancillary Dwelling; b. Child Day Care Centre to Child Care Premises; c. Cottage Industry to Industry Cottage; d. Public Exhibition to Exhibition Centre; e. Family Day Care Centre to Family Day Care; f. Plant Nursery to Garden Centre; g. General Industry to Industry; h. Extractive Industry to Industry Extractive; i. Light Industry to Industry Light; j. Rural Industry to Industry Primary Production; k. Mechanical Repair Station to Motor Vehicle Repair; l. Vehicle Sales Premises to Motor Vehicle, Boat or Caravan Sales; m. Public Worship to Place of Worship; and n. Reception Lodge to Reception Centre. This change is proposed to make the Scheme more consistent with the Regulations and over time, other local planning schemes. This should make it easier for planners, developers and the general public to understand the Scheme. 8

11 2.2 Land Use Naming Changes (Non-Regulation Uses) The Amendment proposes to rename the following land uses in the Scheme: a. Hazardous Industry to Industry Hazardous; b. Noxious Industry to Industry Noxious; c. Service Industry to Industry Service; d. Vehicle Workshop to Motor Vehicle Workshop; and e. Vehicle Wrecking to Motor Vehicle Wrecking. The proposed renaming of the above land uses seeks to provide for a more consistent naming convention in the Scheme. This also has the additional benefit of grouping similar land uses in the zoning table, parking table and definitions. This should make it easier to view requirements for all Industry and Motor Vehicle uses with minimal searching through the tables and definitions. 2.3 Holiday Accommodation The Amendment proposes to introduce the Holiday Accommodation land use from the Regulations into the Scheme Land Use Permissibility This land use is proposed to be an A use in the Residential zone and a D use in the Centre zone. The use is not permitted in any other zone. This is consistent with the land use permissibility of Grouped Dwelling and Multiple Dwelling with the exception of the use being an A use in the Residential zone. The A land use permissibility requires the City to advertise such a proposal to surrounding landowners who may be impacted on. This is considered appropriate given the potential impact of a Holiday Accommodation land use on surrounding residents Car Parking Requirement The car parking requirement proposed for Holiday Accommodation is set at 1 space for the first 2 bedrooms and 1 space per additional bedroom. This rate results in a higher requirement than a typical grouped dwelling or multiple dwelling. This is appropriate given the nature of the use of the building by short term residents and the potential for the dwelling to be used by multiple individuals resulting in a higher parking demand than that required for a group dwelling or multiple dwelling Definition The definition of Holiday Accommodation from the Regulations is proposed to be used in the Scheme. 2.4 Holiday House The Amendment proposes to introduce the Holiday House land use from the Regulations into the Scheme. 9

12 2.4.1 Land Use Permissibility This land use is proposed to have a land use permissibility of D in the Residential, Special Residential/Kennel, Rural, Special Rural and Centre zones. This corresponds to the same zones in which a Single House land use is permitted. The use is proposed to be D in the relevant zones to ensure that a development application is required for a change of use to Holiday House. This will allow the City the opportunity to assess any management plans that a proposal may have to reduce impact on surrounding properties. An A land use permissibility is not proposed as a single house will typically have sufficient space to accommodate a number of short term residents whilst meeting parking requirements on site Car Parking Requirement The car parking requirement proposed for Holiday House is set at 1 space for the first 2 bedrooms and 1 space per additional bedroom. This rate could result in a higher requirement than a typical single house. This is appropriate given the nature of the use of the building by short term residents and the potential for the dwelling to be used by multiple individuals resulting in a higher parking demand than that required for a typical single house Definition The definition of Holiday House from the Regulations is proposed to be used in the Scheme. 2.5 Hospital The Hospital land use from the Regulations is proposed to be introduced into the Scheme Land Use Permissibility The Hospital land use is proposed to be an A use in the Shopping, Private Clubs and Institutions and Centre zones. The Centre and Private Clubs and Institutions zones are consistent with the current permissibility in these zones of the Community Building land use which includes Hospital in its current definition. The definition of Community Building is proposed to be amended to accommodate the new Hospital land use. The City has received a number of enquiries regarding the possibility of day hospitals in the shopping zone and considers that such day hospital facilities may be appropriate given that in many cases they are similar to a larger Health Centre/Medical Centre. The definition of Hospital in the Regulations refers to the Hospitals and Health Services Act 1927 section 2(1). This definition refers to the definition of Hospital in the Health Services Act 2016 which includes a day hospital in the definition of Hospital. On this basis, it is considered appropriate to allow Hospital as an A use, which requires assessment and advertising to take place prior to any approval. The Hospital land use is not proposed to be permitted in other zones due to potential traffic impacts. In addition, the intensity of a day hospital is considered more appropriate in a Shopping zone and Centre zone than the Commercial or Highway Commercial zones which are geared towards lower intensity land uses such as showrooms. 10

13 2.5.2 Car Parking Requirement The Amendment proposes a parking rate of 1 space per 4 patient beds and 1 space per staff member on duty at any one time. This rate should be appropriate to ensure parking demand is catered for. In addition, this rate is similar to the parking rate provided by other local planning schemes such as the City of Belmont Local Planning Scheme No Definition The definition of Hospital from the Regulations is proposed to be used. 2.6 Liquor Store Large & Liquor Store Small The Amendment proposes to introduce Liquor Store Large and Liquor Store Small from the Regulations Land Use Permissibility The Amendment proposes to allow Liquor Store Large and Liquor Store Small in the Shopping, Industrial Service and Centre zones. This is consistent with the zones in which a Shop is allowed with the exception that in zones where a Shop is an I use, these new land uses are not permitted. It is unlikely that these very specific land uses will require an I permissibility in other zones, however the City can review this in time should the need arise. In addition, both proposed uses are discretionary in relevant zones, thereby requiring a development approval. This ensures that the City has the opportunity to assess any potential impacts in the local community prior to a change of use. The Liquor Store Large land use is an A use in the relevant zones due to the increased floor space and possible higher traffic and amenity impacts (real or perceived) Car Parking Requirement The parking rate provided for the Liquor Store Large is the same as a Shop in the Scheme. This is considered appropriate given that a liquor store involves the retail sale of liquor to the general public. The parking rate for Liquor Store Small is set at the lower Shop rate of 5 spaces per 100m 2 NLA as the maximum NLA for a Liquor Store Small is 300m 2. This lower parking rate for Liquor Store Small also recognises that the smaller liquor store is likely to have a smaller catchment with a lower parking demand Definition The definitions of Liquor Store Large and Liquor Store Small from the Regulations are proposed to be used in the Scheme. 2.7 Motor Vehicle Wash The Amendment proposes to introduce the Motor Vehicle Wash land use into the Scheme Land Use Permissibility The Amendment proposes to allow Motor Vehicle Wash in the Commercial, Highway Commercial, Industrial Service, Service Station and Centre zones. These zones are most common along major highways within the City of Canning. It is considered appropriate for Motor Vehicle Wash to be a discretionary use in these zones so that any noise or water disposal and spray impacts can be assessed by the City prior to a change of use. 11

14 2.7.2 Car Parking Requirement The parking requirement proposed for Motor Vehicle Wash is to be negotiated with the local government. This is proposed as some Motor Vehicle Wash facilities are larger than others, have built in cafes and some are situated within parking areas in major shopping centres. On this basis, a parking rate that is to be negotiated with the local government is considered appropriate Definition The definition of Motor Vehicle Wash from the Regulations is proposed to be used in the Scheme. 2.8 Factory Tenement Building The Amendment proposes to remove Factory Tenement Building from the Scheme. This land use is rarely used, is not in the Regulations and by definition refers to industries or industry which is a separate definition in the Regulations. Factory Tenement Building describes a built form as opposed to a land use. Within a factory tenement building, there is the possibility to have separate tenancies with Warehouse or Showroom uses. As an example, this makes it confusing to ascertain whether a tenancy on a site should be classified as a Factory Tenement Building land use or a Warehouse land use. The proposal is to remove this land use from the Scheme and all associated development provisions. New development that is similar to a factory tenement built form would be assessed in accordance with the standard industrial requirements and the land use of each tenancy would be assessed separately. 2.9 Existing Land Use Permissibility Changes The Amendment proposes to modify the land use permissibility of the following land uses: a. Bed and Breakfast in the Centre zone from X to A. b. Cattery in the Special Residential / Kennel zone from I to D. c. Motor Vehicle, Boat or Caravan Sales in the Centre zone from X to A. d. Motor Vehicle Repair in the Centre zone from X to A. Bed and Breakfast is proposed to be changed to an A use in the Centre zone as Single House is a D use in this zone. A Bed and Breakfast land use is most likely to occur within a single house development. On the basis that Single House is permitted within the Centre zone, Bed and Breakfast is considered appropriate to be permitted with Council discretion. The land use permissibility of Cattery in the Special Residential / Kennel zone is proposed to be changed from I to D to match the Kennels land use. Both land uses provide for a similar built form outcome and the intensity of development and use of land is likely to be similar. Motor Vehicle, Boat or Caravan Sales and Motor Vehicle Repair are proposed to be changed to an A use in the Centre zone to accommodate such land uses along Albany Highway in the Canning City Centre. Whilst the proposed amendment would potentially allow such land 12

15 uses in the Centre zone, a development application and assessment by the local government would be required. The local government could assess whether these land uses are appropriate within a certain area of a Centre zone or rely on a structure plan to provide such guidance Amendments to Table 4 Land Use Parking Requirements The amendment proposes a number of changes to the parking requirements for existing land uses in the Scheme. The land uses subject to the changes are: Bed and Breakfast The amendment proposes to change the parking rate for Bed and Breakfast to 0.5 spaces per bedroom in addition to the residential requirement instead of 0.5 spaces per bedspace in addition to the residential requirement. This change is proposed as in the majority of cases a bed and breakfast will likely provide accommodation on a room basis. It is unlikely that a bed and breakfast would include a larger communal sleeping area or seek to have numerous unrelated people sharing a room. On this basis, the reference to bedspace is proposed to be changed to bedroom to remove any confusion and make car parking calculation simpler Lunch Bar The amendment proposes to change the parking rate for Lunch Bar to 1 space per 15m 2 NLA unless part of a shopping centre with a shared parking area, in which case the Shop parking rate shall apply. This will result in a lower parking requirement and also simplifies parking calculations. In addition, the new rate is generally in line with the parking rates set by other schemes such as the City of Cockburn TPS3, City of Wanneroo DPS2, City of Belmont LPS 15 and City of Rockingham TPS2. Provision has been made for treating the parking rate of a Lunch Bar to be the same as a Shop when a Lunch Bar is situated within a shopping centre with a NLA of 1500m 2 or more. This will make change of use applications in shopping centres easier to manage and provide fewer barriers to changes of use to occur as market conditions require Office The amendment proposes to change the parking rate for Office to remove the separate parking rate for areas open to the public. This will result in a small reduction in required parking, simplifies the car parking calculation for this land use and is more consistent with other local planning schemes such as the City of Wanneroo DPS2. It is also noted that many local planning schemes do not have a separate parking requirement for areas open to the public Restaurant / Café The amendment proposes to change the parking rate for Restaurant/Café to 1 space per 5 seats or 1 space per 5m 2 of seating area, whichever is the greater, unless part of a shopping centre. This rate is lower than that currently required and is more consistent with the requirements in other local planning schemes such as the City of Joondalup DPS2, City of Fremantle LPS4, City of Wanneroo DPS2 and City of South Perth TPS6. 13

16 This reduction is proposed to make food outlets more viable within the City of Canning and thereby increasing the land use mix and available amenities to local residents. Provision has been made for treating the parking rate of a Restaurant/Café to be the same as a Shop when a Restaurant/Café is situated within a shopping centre with a NLA of 1500m 2 or more. This will make change of use applications in shopping centres easier to manage and provide fewer barriers to changes of use to occur as market conditions require Take-Away Food Outlet The amendment proposes to change the parking rate for Take-Away Food Outlet to 1 space per 15m 2 NLA with car queuing areas permitted to be calculated as car parking bays unless part of a shopping centre. This parking rate is simpler to assess, should generally provide for a lower requirement and is more consistent with the parking rate set by other local planning schemes such as the City of Cockburn TPS3, City of Fremantle LPS4 and City of Belmont LPS15. Provision has been made for treating the parking rate of a Take-Away Food Outlet to be the same as a Shop when a Take-Away Food Outlet is situated within a shopping centre with a NLA of 1500m 2 or more. This will make change of use applications in shopping centres easier to manage and provide fewer barriers to changes of use to occur as market conditions require Deletion of subclause & The amendment proposes to delete subclause Control of Advertisements & Control of Satellite Dishes, Microwave Antennae and Radio Masts and renumber subclause to The deletion of subclause is proposed as the provisions contained within the subclause provide little value and signage is now addressed by a local planning policy. Subclause is proposed to be deleted as the provisions contained within the subclause are superfluous as they predominantly deal with the requirement for development approval. The deemed provisions do not exempt this form of development and therefore the provisions within subclause can be deleted Application clauses The amendment proposes to insert text before subclauses 4.9.1, , , and which specifies which zones each clause is applicable to. This is proposed as it may be unclear which clauses apply to certain zones. An example of this is the Mixed Business zone, which is an Industrial zone under the Scheme but the name suggests that it is a Commercial zone. Another example is the Industrial Service zone, which is a Commercial zone under the Scheme but the name suggests that it is an Industrial zone. It is considered that this brief text before the above-mentioned subclauses will assist to clarify which development standards are applicable to each zone Subclause and paragraph The amendment proposes to insert a new subclause which relates to catteries, kennels and veterinary establishments in a Residential or Special Residential/Kennel zone. This subclause is a copy of paragraph (previously subclause ) with some 14

17 modifications to reference kennels and catteries. Catteries and Kennels land uses in the Scheme are only permitted in the Special Residential/Kennels zone and therefore it is more appropriate for this subclause to be under clause 4.9 Residential Development Requirements. Previous subclause Development of Kennels has been moved to a new paragraph , however references to kennels has been removed as kennels are not permitted in the Rural zones Paragraph The amendment proposes to delete paragraph (ii) and renumber paragraph (i) to paragraph Paragraph (ii) provides for very specific variation requirements for facades in the Industrial zones. The wording is difficult to read and unnecessary given that the Scheme has a general discretion clause which would allow the City to consider alternative façade treatments. It is likely that this wording was introduced into the Scheme at the time of its gazettal when there were no general discretion provisions. Given the existing general discretion provisions, this wording is superfluous Paragraph (v) The amendment proposes to replace the existing paragraph (v) with provisions that require development on industrial lots with a frontage of 28 metres or more to be designed to be accessed by a 12.5 metre long medium rigid vehicle. This ensures that developments on industrial lots with a sufficient frontage are designed to so that a heavy vehicle can manoeuvre on the site and not park in the street to load or unload products Paragraph The amendment proposes to remove paragraph as the provisions within this paragraph relate predominantly to the application of discretion which is now available to the City through the use of a general discretion clause in the Scheme. The wording in paragraph provides for variation to the standard façade requirements in very specific ways, which is considered unnecessary in the presence of a general discretion clause in the Scheme. In addition, the additional wording in the paragraph is difficult to read and understand for the general public Clause 4.12 The amendment proposes to delete subclauses & and replacing with the following new subclauses: Setbacks and Density Character Land Use Environment and Vegetation The amendment also proposes to renumber the existing subclause to and existing subclause to The changes proposed by the amendment involve the reorganising of existing paragraphs (a) to (l) and existing subclause into a more structured and coherent grouping of clauses. This is important to make the Scheme easier 15

18 to read and understand. Some minor changes to the clauses are also proposed to improve readability and simplicity of the wording Minimum Lot Area Requirements for Rural and Special Rural Lots The amendment proposes to insert minimum lot area requirements for the Rural and Special Rural zones as follows: 1. Special Rural 1 hectare; and 2. Rural 2 hectares. Only two properties at the intersection of Acourt Road and Nicholson Road are zoned Rural under the Scheme. These properties are within the Statement of Planning Policy 2.3 Jandakot Groundwater Protection Policy, Priority 2 Source Protection Area & Rural Water Protection Zone. Clause 10 of SPP2.3 reinforces a minimum lot size of 2 hectares within the Rural Protection Zone. On this basis, it is considered that a Scheme provision requiring a minimum 2 hectare lot area within the Rural zone will reinforce the provisions of SPP 2.3 and help to mitigate any impacts on groundwater in the area. A number of properties are zoned Special Rural in the City of Canning. These properties are situated in Canning Vale and are bound by Ranford Road, Wilfred Road, Clifton Road and Lothian Road. The properties are identified in the City of Canning Biodiversity Strategy (draft) as a Priority Conservation Area. Many of the existing freehold lots are larger in size and contain significant native vegetation that is important to the biodiversity of the area. The properties are also in close proximity to the SPP 2.3 Policy area. The amendment proposes a minimum lot size in the Scheme for the Special Rural zone of 1 hectare to match the provisions of State Planning Policy 2.5 Land Use Planning in Rural Areas. SPP 2.5 defines rural living as: A land use that is residential in nature, characterised by a grouping of lots generally in the order of one to 40 hectares. SPP 2.5 goes further in the definition of rural living to say: In terms of land use zones this includes, but is not limited to, special residential, rural living, rural retreat, rural residential, special rural, rural smallholdings, and landscape protection zones. Should subdivision be permitted within the Special Rural zone, much of the existing remnant vegetation would likely be cleared resulting in a loss of biodiversity. Existing Scheme provisions protect this vegetation from clearing without prior approval of the local government. Given the current Special Rural zoning and biodiversity considerations, a minimum lot area of 1 hectare in the Special Rural zone is considered appropriate to prevent further fragmentation of lots and vegetation. It is noted that a number of existing lots in the Special Rural zone are smaller than 1 hectare, however there are also a number of lots over 1 hectare. Providing a minimum lot size smaller than 1 hectare could result in additional subdivision of some of the larger Special Rural sites, which is discouraged given the potential clearing of vegetation that could happen. 16

19 2.19 Paragraph & The amendment proposes to change paragraphs and to eliminate the need for a development approval to be sought for a single house in a ANEF contour when a Section 70A notification on title relating to aircraft noise is already present on the title. This change is proposed as under SPP 5.1 & 5.3, the only requirement for single houses within the ANEF contours is for a notification on title. If the notification on title is already present, a development approval for a single house should not be required unless the proposed development is seeking a variation under R-Codes, City policy or the Scheme. This change will seek to streamline the process of building a single house by cutting any unnecessary red tape Community Building The amendment proposes to change the definition of Community Building by removing aspects of the definition that are now covered by the new Hospital land use. This will ensure that there is no duplication in land use definitions that a hospital may fall within. With the exception of removing the Hospital component and components that could be covered within a Hospital definition, the remainder of the definition is unchanged Supplemental Provisions The amendment proposes to insert a new point (l) in Schedule A Supplemental Provisions to the Deemed Provisions to exempt roof mounted solar collectors. This ensures that solar collectors such as solar hot water heaters and solar photovoltaic panels on residential and commercial buildings are exempt from development approval. This is considered appropriate as these structures are low impact, provide environmental benefits and there are limited scheme or policy provisions to assess such structures. In the interests of encouraging solar collectors and cutting unnecessary red tape, it is considered appropriate to exempt roof mounted solar collectors Schedule B The amendment proposes to remove Schedule B Car Parking and Manoeuvre Specifications from the Scheme, renumber the subsequent Schedules and update any references in the Scheme to reference the Australian Standards directly. There are a number of requirements in Schedule B that conflict with the current requirements in the Australian Standards. This can result in applicants preparing development applications that are compliant with the current Australian Standards but non-compliant with the provisions of Schedule B. In the interests of providing greater consistency and certainty, the amendment proposes to remove Schedule B and allow the Australian Standards to provide all design requirements Administrative and Wording Changes The amendment proposes numerous minor changes throughout the text to simplify wording, improve consistency and modernise the document. Every change to wording is documented in the tracked changes version of the Scheme with associated commentary on each change. Whilst many of the changes are minor, they result in a more readable and simpler Scheme 17

20 that will be more accessible for the general public. 3 Other Considerations The Planning and Development Act 2005 and the Regulations prescribe the procedure to amend an existing local planning scheme. Scheme Amendment No. 225 will follow this legislative procedure. Regulation 35(2) of the Regulations further requires that Council s resolution to initiate a scheme amendment contains the category of scheme amendment (complex, standard or basic), as well as justification for determining that the scheme amendment falls within the nominated category. Scheme Amendment No. 225 is categorised as a standard amendment, in accordance with the definition of a standard amendment under regulation 34, for the following reasons: 1. The amendment will have minimal impact on land within the Scheme area; and 2. The amendment will not result in any significant environmental, social, economic or governance impacts on land in the Scheme area. 4 Conclusion Scheme Amendment No. 225 to Town Planning Scheme No. 40 seeks to make numerous administrative changes to the Scheme. These changes seek to ensure that the Scheme is brought closer to the Model Provisions, is more consistent and easier to understand for the general public. 5 Appendices Nil. 18

21 PLANNING AND DEVELOPMENT ACT 2005 RESOLUTION DECIDING TO AMEND A TOWN PLANNING SCHEME CITY OF CANNING TOWN PLANNING SCHEME NO. 40 AMENDMENT NO. 225 The Council of the City of Canning, 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 name of the following land uses throughout the Scheme text to match the Planning and Development (Local Planning Schemes) Regulations 2015 and place in alphabetical order in Table 3 & 4 and Part 6: a. Ancillary Accommodation to Ancillary Dwelling; b. Child Day Care Centre to Child Care Premises; c. Cottage Industry to Industry Cottage; d. Public Exhibition to Exhibition Centre; e. Family Day Care Centre to Family Day Care; f. Plant Nursery to Garden Centre; g. General Industry to Industry; h. Extractive Industry to Industry Extractive; i. Light Industry to Industry Light; j. Rural Industry to Industry Primary Production; k. Mechanical Repair Station to Motor Vehicle Repair; l. Vehicle Sales Premises to Motor Vehicle, Boat or Caravan Sales; m. Public Worship to Place of Worship; and n. Reception Lodge to Reception Centre. 2. Amending the name of Aged and Dependent Person s Dwelling and Aged and Dependent Person s Dwellings to Aged or Dependent Persons Dwelling throughout the Scheme text to match the term in the R-Codes. 3. Amending the name of the following land uses throughout the Scheme text to ensure a consistent naming convention in the Scheme and placing in alphabetical order in Table 3 & 4 and Part 6: a. Hazardous Industry to Industry Hazardous; b. Noxious Industry to Industry Noxious; 19

22 c. Service Industry to Industry Service; d. Vehicle Workshop to Motor Vehicle Workshop; and e. Vehicle Wrecking to Motor Vehicle Wrecking. 4. Inserting the following land uses into Table 3 Zoning Table in alphabetical order and providing the following land use permissibility: Use Classes 1. Residential 2. Special Residential/Kennel 3. Mixed Business 4. Light Industry 5. General Industry 6. Shopping 7. Commercial 8. Highway Commercial 9. Industrial Service 10.Service Station 11.Rural 12. Special Rural 13.Private Clubs and Institutions 14.Development 15. Centre Holiday Accommodation A X X X X X X X X X X X X D Holiday House D D X X X X X X X X D D X D Hospital X X X X X A X X X X X X A A Liquor Store Large Liquor Store Small X X X X X A X X A X X X X A X X X X X D X X D X X X X D Refer to Structure Plan Motor Vehicle Wash X X X X X X A D D D X X X A 5. Removing Factory Tenement Building from the Table 3, Table 4 & Part Amending the land use permissibility of the following land uses: a. Bed and Breakfast in the Centre zone from X to A ; b. Cattery in the Special Residential / Kennel zone from I to D ; c. Motor Vehicle, Boat or Caravan Sales in the Centre zone from X to A ; and d. Motor Vehicle Repair in the Centre zone from X to A. 7. Amending clause 3.4 to change the reference from Schedule D to Schedule C. 8. Amending subclause to remove the words street alignment of the. 20

23 9. Amending paragraph & to replace references to subclause with paragraph. 10. Amending paragraph & (h)(i) to replace the words Schedule B with AS Amending the car parking requirements in Table 4 Land Use Parking Requirements for the following land uses: Land Use Bed and Breakfast Lunch Bar Office Restaurant/Café Take-Away Food Outlet Minimum Parking Provision 1 space per bedroom in addition to the residential requirement. 1 space per 15m 2 NLA unless part of a shopping centre in excess of 1500m 2 NLA with a shared car parking area, in which case the parking standards for a Shop shall apply. 1 space per 30m 2 GFA. 1 space per 5 seats or 1 space per 5m 2 of seating area, whichever is the greater, unless part of a shopping centre in excess of 1500m 2 NLA with a shared car parking area, in which case the parking standards for a Shop shall apply. 1 space per 15m 2 NLA (car queuing areas can be calculated as parking spaces), unless part of a shopping centre in excess of 1500m 2 NLA with a shared car parking area, in which case the parking standards for a Shop shall apply. 12. Inserting the following land uses into Table 4 Land Use Parking Requirements in alphabetical order: Land Use Holiday Accommodation Holiday House Hospital Liquor Store Large Liquor Store Small Motor Vehicle Wash Minimum Parking Provision 1 space for the first 2 bedrooms plus 1 space for every additional bedroom. 1 space for the first 2 bedrooms plus 1 space for every additional bedroom. 1 space per 4 patient beds plus 1 space for each staff member on duty at any one time. 6 spaces per 100m 2 NLA. 5 spaces per 100m 2 NLA. Parking to be negotiated with the local government. 21

24 13. Amending the following land uses in Table 4 Land Use Parking Requirements but retain the existing parking standards: a. Shop and Shopping Centres to Shop ; b. Spray Painting (Non Automotive) to Spray Painting (Non-Automotive) ; and c. Stock Holding and Salesyard to Stock Holding and Salesyards. 14. Deleting subclause Control of Advertisements and subclause Control of Satellite Dishes, Microwave Antennae and Radio Masts and renumbering the existing subclause Heritage Protection to Heritage Protection. 15. Amending subclause Heritage Protection (previously subclause 4.8.6) to replace references to Schedule C with Schedule B. 16. Inserting the following text after clause 4.9 Residential Development Requirements and before subclause Dual Density Codings: The provisions of this clause are applicable to the following zones: (a) Residential; and Special Residential / Kennel. 17. Amending subclause by deleting the words The erection and replacing with the word Development. 18. Amending subclause Commercial Vehicle Parking in Residential Zones to delete the words licensed and unlicensed. 19. Amending paragraph 4.9.4(vii) to replace the words regulations made pursuant to the Environmental Protection Act 1986 (as amended) with the Environmental Protection (Noise) Regulations Amending paragraph 4.9.4(c) to remove the words in writing and replace the word subclauses with paragraphs. 21. Amending subclause Display Home Centres by deleting paragraphs (a) and and amending the text to read as follows: The local government may approve the development of a Display Home Centre in any Residential zone subject to the approval being limited to a period of twelve (12) months from the date of the local government s approval, or such further period as may be approved by the local government. 22. Amending paragraph 4.9.8(a) Construction of Boats or Recreational Vehicles in Residential Zones by deleting the words written consent and replacing with approval and deleting the words, such application to be made in the form set out in Clause 86 sub-clause (1) of the Deemed Provisions. 22