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Friday, 11 October 2024
The scheme amendment was originally applied for in March 2022 by the owners of a property in Shenton Park, who wanted to increase the residential density code of their own lot, and another 14 lots within the street block bound by Waylen Road, Railway Road, Morgan Street and Fortune Street.
In a decision consistent with strong community feedback, Council unanimously rejected the amendment at its meeting held on 31 May that year.
In January 2023, the landowners responded with a submission to the Minister under section 76 of the Planning and Development Act 2005, asking the Minister to order the City to prepare and submit the scheme amendment.
The City maintained and reaffirmed its opposition to the amendment, with a further Council resolution following formal public consultation in February 2023.
The Minister’s decision marks the end of this particular scheme amendment process, with no changes to densities.
City of Subiaco Mayor David McMullen welcomed the Minister’s decision.
"The proposed scheme amendment clearly lacked merit. Council, our planning staff, and the local community have all been unequivocal in opposing it," he said.
"Our planning framework is one of the most up to date in Western Australia.
"Ad hoc changes to the planning scheme would not be good practice. Proper planning cannot happen ad hoc."
City welcomes Minister’s refusal of ad hoc Scheme amendment
On 9 October 2024, the City of Subiaco was advised by the Minister for Planning, Hon. John Carey MLA that he had decided not to order the City to initiate proposed Amendment No. 2 to the City’s Local Planning Scheme No. 5.The scheme amendment was originally applied for in March 2022 by the owners of a property in Shenton Park, who wanted to increase the residential density code of their own lot, and another 14 lots within the street block bound by Waylen Road, Railway Road, Morgan Street and Fortune Street.
In a decision consistent with strong community feedback, Council unanimously rejected the amendment at its meeting held on 31 May that year.
In January 2023, the landowners responded with a submission to the Minister under section 76 of the Planning and Development Act 2005, asking the Minister to order the City to prepare and submit the scheme amendment.
The City maintained and reaffirmed its opposition to the amendment, with a further Council resolution following formal public consultation in February 2023.
The Minister’s decision marks the end of this particular scheme amendment process, with no changes to densities.
City of Subiaco Mayor David McMullen welcomed the Minister’s decision.
"The proposed scheme amendment clearly lacked merit. Council, our planning staff, and the local community have all been unequivocal in opposing it," he said.
"Our planning framework is one of the most up to date in Western Australia.
"Ad hoc changes to the planning scheme would not be good practice. Proper planning cannot happen ad hoc."
Additional information:
- Section 76 of the Planning and Development Act 2005 allows the Minister for Planning to direct a local government to prepare and submit an amendment to its Local Planning Scheme for the Minister’s approval.
- Individuals can continue to apply for new scheme amendments, after an application is denied.
- The City is required to follow the process outlined in the Planning and Development (Local Planning Schemes) Regulations 2015 for scheme amendments.
- Under the Planning and Development Act 2005, local governments are required to review their local planning schemes every five years. Local Planning Scheme No. 5 was gazetted in February 2020, meaning a review by the City is due to commence in 2025.