Update - Wednesday 7 November 2018

Following Council adoption of Amendment 14 and 15 in May and June of 2018, Elected Members and the Town’s Officers have met with the:

  • Minister for Planning;
  • relevant Members of State and Federal Parliament;
  • Chair of the Heritage Council;
  • CEO of the State Heritage Office and heritage officers;
  • Director General of the Department of Planning; Lands and Heritage; and
  • Senior State Planning staff and the Chair of the Western Australian Planning Commission.

The aim of the meetings was to outline the basis and importance of the Scheme Amendments in relation to orderly and proper planning for the sites and to seek support for the Amendments. 

The Town has liaised with community members and organisations who have expressed an interest in voicing their support for the Council’s Amendments. Meetings with the land owners of both Amendment sites and their representatives have also occurred as required.

Amendment 14 and 15 were considered by the Statutory Planning Committee (SPC) on 23 October 2018.  At the meeting the SPC considered reports by Officers of the Department of Planning which did not support the Town’s Amendments and proposed substantial modifications to both Amendments.  The SPC reports are confidential.

The Mayor, Deputy Mayor and Officers from the Town, as well as many community members, the land owners/developers and their representatives made deputations to the SPC (a sub-committee of the Western Australian Planning Commission (WAPC)) to speak both in support of and against the Town’s Amendments. 

Following the meeting the Town was advised by the Department of Planning that the SPC determined to forward both Amendment 14 and 15 to the Hon. Minister for Planning for her consideration. The SPC’s decision is not publicly available as both Amendments remain confidential reports with the Minister.

Under the Local Planning Schemes Regulations 2015 the Minister, before making a decision on the Amendments, has the discretion to direct that modifications to the Amendments be advertised if the:   

  • WAPC recommends that the Amendment that was advertised be modified; and
  • Minister is of the opinion that the modification is significant.

 The direction from the Minister must include details of the process to be followed in respect of the advertisement including time frames for:  

  • the making and consideration of submissions on the modifications; and
  • providing recommendations to the Minister following the advertisement.

If the Town is given a direction by the Minister it must advertise the modifications to the Amendment as directed.  This includes when and for how long the Amendments will be advertised.

It is the Town’s understanding that both Amendments will be re-advertised.

Advertising for both Amendments could occur concurrently.

The Town intends to continue to keep the community updated throughout the Amendment process.  When the Amendments are to be advertised the Town will post the details on the web site, write to land owners/occupiers within the Town seeking their comments and explain how to make a submission.  Advertisements will also be placed in the local newspapers, in the Town's E-Newsletter (which is distributed electronically), on its Facebook page and through all other relevant advertising means considered suitable. 

Following commencement of advertising the details of the modifications to the Amendments will be made available on the web site and at the Town’s administration office.  The Town’s Planning Officers will also be available to discuss the modified Amendments and how to make a submission.

If you require further information or clarification in regard to the Scheme Amendments please contact Christine Catchpole on 9339 9319 or or Andrew Malone on 9339 9339.


Update - Published Monday 17 September 2018

Amendment No 14 is currently being considered by the State Department of Planning; Lands and Heritage and may be subject to modification.

Amendment No. 14 was initiated in April 2017 and adopted by Council with modifications in May 2018.  The Amendment was initiated by the land owner and prepared in consultation with the land owner’s representative following the Town’s agreement to proceed to amend the Planning Scheme. 

Following advertising of the Amendment in 2017 the community submissions received expressed concerns regarding the erosion of the heritage character of the Precinct, the visually and physically imposing nature of the building envelope proposed, parking and traffic, access points, overlooking, privacy, landscaping, pedestrian access, retention of trees and other more general issues related to residential amenity. 

Over the past year the Town has engaged at length and in collaboration with the owner’s representative regarding appropriate development controls.  The Town also carried out independent built form modelling for the site using an urban designer.  This work has assisted in the formulation of development controls that Council believe address the issues raised by the community and which strike a balance between the redevelopment objectives and the orderly and proper planning for the area.  The adopted Amendment provisions were considered to address resident concerns but also facilitated a greater development potential than that currently possible under the Mixed Use zone classification of the land. 

The intent of the Amendment is to provide a planning framework to guide redevelopment of the site for high density mixed use purposes.  The Amendment finally adopted by Council would allow a 7 to (potentially) 8 storey building to the north of the site, facing Canning and Stirling Highway and building(s) of lesser height that is, 2 to 5 storeys, facing Sewell Street and St Peters Road.  Basement parking would also be provided.  The development controls are specific to land use, building height and setbacks, plot ratio, vehicle parking, traffic and noise management, access, residential development and density which could not be varied by the decision-maker.  Detailed design proposals for a building/development on the site are not part of the Scheme Amendment. To view a copy of Local Planning Scheme No. 3 - Amendment No. 14 development controls click here.  

Amendment No. 14 is currently being considered by the State Department of Planning; Lands and Heritage and is possibly subject to modification by the Department.  This may result in changes to the Amendments as adopted by Council.  Department Officers will prepare a report for the Amendment and this will be considered by the Statutory Planning Committee (a sub-Committee of the Western Australian Planning Commission (WAPC)).  The Officer report is confidential and not available to the public prior to the meeting, however, community members can request to make a deputation/presentation to the Statutory Planning Committee (SPC).  The meetings are not open to the general public unless an invitation to make a deputation/presentation is extended.  Should you wish to make a deputation/presentation an application to the Presiding Member can be made by following the link below:

Further information in relation to SPC Agendas and upcoming meetings at which Amendment No. 14 may be considered can be obtained from the following web site:

Please note: Deadlines for making an application for a deputation/presentation prior to the scheduled meeting date apply – three (3) clear business days from the date of the meeting.   Agendas for meetings are available 72 hours prior to the meeting.

Following the meeting the WAPC will provide a recommendation on the Amendment to the Minister for Planning.  The Minister has the authority to approve, refuse or modify the Scheme Amendment.  

If you require further information or clarification in regard to the Scheme Amendment and when it will be considered by the SPC, or a deputation/presentation to the SPC meeting please contact Christine Catchpole on 9339 9319 or