City of Subiaco - Local Planning Controls and Policies
iconSubiaco WA – 32.9˚
Mostly Sunny. Warm. Humid.

Local planning controls and policies

Local Planning Scheme No. 5

Local governments in Western Australia are required to maintain a local planning scheme. A local planning scheme provides the statutory guidance for development including development provisions, permitted land uses and compliance matters. The City of Subiaco Local Planning Scheme No. 5 (LPS5) was gazetted on 21 February 2020.

For information regarding scheme amendments, visit the Scheme amendments page.

The Deemed Provisions within the Planning and Development (Local Planning Schemes) Regulations 2015 automatically applies to all local planning schemes as of 19 October 2015 and must be read in conjunction with LPS5.

The following State Planning Policies are referenced within LPS5:

State Planning Policy 3.6 Development Contributions for Infrastructure
State Planning Policy 5.4 Road and Rail Noise
State Planning Policy 7.0 Design of the Built Environment
State Planning Policy 7.2 Precinct Design

All applicable State Planning Policies are available on the Department of Planning, Lands and Heritage website.

Clause 24 of LPS5 states that the City may prepare a register of non-conforming uses, and Clause 13A of Schedule 1 – Supplemental Provisions to the Deemed Provisions of LPS5 requires a Significant Tree Register to be established and maintained by the City. A copy of the Non-Conforming Use Register and Significant Tree Register are available below:

Residential Design Codes

State Planning Policy 7.0 - Design of the Built Environment and the Residential Design Codes (R-Codes) are State Government documents which set out the controls for residential development for the whole of Western Australia. The R-Codes are read in conjunction with LPS5 and the City's local planning policies.

Local Planning Policies

The Deemed Provisions allows Council to adopt planning policies that guide both residential and non-residential development. Planning policies are designed to ensure a high quality of development is maintained through consistent decision making and the processing of development applications in a fair and equitable manner.

1.0 Residential

1.1 Residential Development - Single Houses and Grouped Dwellings
1.2 Residential Development - Apartments

2.0 Commercial

2.1 Restaurant/Café development on land zoned Residential (R80 and above)
2.2 Non-residential development on land zoned Centre, Local Centre and Mixed Use

3.0 Conservation and Heritage

3.1 Additions and amendments to the Local Heritage Survey, the Heritage List and Heritage Areas
3.2 Assessment of Cultural Heritage Significance
3.3 Excercising Discretion under Clause 12 of the Deemed Provisions
3.4 Development Guidelines for Residential Heritage Areas
3.5 Development Guidelines for Places included on the Heritage List
3.6 Development Guidelines for the Rokeby Road and Hay Street Heritage Area
3.7 Kershaw Street Heritage Area
3.8 Union and Redfern Heritage Area
3.9 Chesters' Subdivision Heritage Area
3.10 Duke Street Heritage Area
3.11 Hamersley Road Group Heritage Area
3.12 Sadlier and Redfern Street Heritage Area
3.13 Kings Road Heritage Area
3.14 Salisbury and Rupert Street Heritage Area

4.0 Environment and Natural Resources

5.0 Transport and Infrastructure

5.1 Car Parking and Transport
5.2 Bicycle Parking Facilities

6.0 Design Guidelines and Precinct Plans

7.0 Planning Procedures

7.1 Design Review Panel
7.2 Refunding and Waiving Planning Fees
7.3 Public Consultation for Planning Proposals
7.4 Applications for Review of Town Planning Decisions and Written Directions
7.5 Planning Compliance
7.6 Amendment and Extension to Term of Development Approval
7.7 Development Approval Exemptions

8.0 Miscellaneous

8.1 Exemption from the Need to Obtain Development Approval for Land Use in the Centre, Local Centre and Mixed Use Zones
- Explanatory Information for Applicants for Local Planning Policy 8.1
8.2 Advertisements (Signs)

8.3 Percent for public art and public realm

DevelopmentWA (Metropolitan Redevelopment Authority) Transitioned Policies

Note: For development controls relating to former City of Subiaco properties transfered to the City of Perth via the City of Perth Act 2016, refer to the City of Perth website.

Planning Instruments

For more information on the above planning instruments please refer to the Strategic land use and transport planning page.

Subiaco Redevelopment Scheme

While the majority of development in the City of Subiaco is guided by the local planning scheme, portions of Subiaco  Centro and Subiaco East areas are guided by the Subiaco Redevelopment Scheme 2, under the control of DevelopmentWA (formerly the Metropolitan Redevelopment Authority).

For information regarding development matters related to the Subiaco Redevelopment Scheme, visit the DevelopmentWA website.