What is a Local Planning Scheme?

    A Local Planning Scheme (sometimes called a Town Planning Scheme) is a statutory document that defines the way land can be used and developed. The scheme implements the strategic direction set out in the Local Planning Strategy by regulating the zoning of land, density and including development requirements, such as maximum building height and plot ratio. The city’s draft Local Planning Scheme No. 5 will become the new rule book for planning decisions and is the document against which all planning proposals and development applications will be assessed.

    NB:  Land within the Subiaco Redevelopment Area is under the jurisdiction of the Metropolitan Redevelopment Authority and is exempt from the city’s Local Planning Scheme.

    Why does the city need a new Scheme?

    The Planning and Development (Local Planning Schemes) Regulations 2015 requires local governments to update their Local Planning Scheme every five years. The City’s current Tocal Planning Scheme No.4 (TPS 4) was gazetted in March 2001. Since the original gazettal of TPS 4, planning legislation and practices have undergone significant reform. Therefore, the new scheme has been prepared to ensure that it complies with current legislation and reflects contemporary planning practice.

    Where can I view the Draft Local Planning Scheme No.5?

    The Draft Local Planning Scheme No. 5 is available to view electronically on the City’s website and in this project's document library. Hard copies are also available to view at the City of Subiaco Administration Centre and Library.

    The City will also host a number of open day drop-in sessions in your local area. During these sessions your questions can be answered directly by planning services staff.

    When will the new Scheme take effect?

    The new Local Planning Scheme takes effect when the Minister approves the document and a notice of this is published in the Government Gazette. On that day, Town Planning Scheme No. 4 is revoked and the new Local Planning Scheme No. 5 becomes operational and will be used to assess planning proposals and development applications.

    How will the new Scheme affect me?

    If you own a property or live in the City of Subiaco, you may be affected by the Local Planning Strategy and Local Planning Scheme No. 5. The State Government has mandated an increase in density around railway stations to ensure that more people can live within easy access to existing public transport to reduce private vehicle dependency. Higher density development is also proposed for the Subiaco Town Centre, which is intended to increase the vibrancy and economic viability of the area. Increasing densities in these key areas allows for some of the lower density residential areas to remain unchanged which will allow for their character and heritage to be retained.

    As a result of the proposed density increases, you may be able to develop your property with additional dwellings, or you may see townhouses or apartment buildings under construction in your neighbourhood.

    If you would like to discuss changes that affect you or how changes to nearby properties may affect you please contact the City’s Planning Services on 9237 9284 or email shapeourcity@subiaco.wa.gov.au.

    Please note that the City does not obtain information regarding, and therefore cannot provide comment on, how the proposed changes may affect individual property value. It is recommended that you seek professional advice from a licensed property valuer to obtain information on these matters.

    How does the new Scheme affect provision of infrastructure, parking and public transport?

    Local Planning Schemes only affect the ways in which land can be developed and used.  Therefore, the Scheme does not affect the provision of infrastructure, parking fees and requirement and public transport.

    How does the new Scheme impact on current and future amendments to Town Planning Scheme No. 4

    Existing amendments to TPS 4 will continue to progress as required in the Planning and Development (Local Planning Schemes) Regulations 2015 and can be assessed concurrently with the new Scheme. Any new requests to change zoning or development controls will be considered in the holistic review of the Scheme and Strategy and it is encouraged that these requests are made through a submission during the public advertising process.

    All submissions will be carefully considered and a recommendation forwarded to the WAPC in the context of the wider review of the planning framework for the City of Subiaco.

    What is a Local Planning Strategy?

    A Local Planning Strategy is a strategic planning document that sets out the long-term vision, objectives and actions for land use planning within the City of Subiaco. The strategy will guide the City for the next fifteen years and beyond to ensure that all aspects of land use are considered and that population growth is appropriately planned for.

    The Local Planning Strategy covers topics such as Population and Housing, Transport, Access and Parking, Economy and Employment, Community Facilities, Recreation and Open Space, Urban Design, Character and Heritage, Environment and Sustainability and Infrastructure Services.

    The Local Planning Strategy is a link between regional and local planning and must demonstrate how the city will meet the State Government’s metropolitan planning strategy, Perth and Peel@3.5million.

    For more information on the State Planning requirements visit the WAPC website.

    What is the relationship between the Local Planning Scheme and the Local Planning Strategy?

    The Local Planning Scheme is the statutory document which aims to implement and deliver on the shorter term objectives of the Local Planning Strategy. For a greater understanding of certain changes being made to the Scheme, the Local Planning Strategy should be read in conjunction with the Draft Local Planning Scheme, as it provides the rationale for proposed zones and R-codes introduced in the new Local Planning Scheme no.5.

    Why is the draft Local Planning Strategy being advertised with the draft Local Planning Scheme No. 5?

    The draft Local Planning Strategy is required to be advertised before it is adopted by Council and endorsed by the Western Australian Planning Commission and the Minister for Planning. Both the Scheme and Strategy were reviewed at the same time and given their relationship, they are being advertised together for public comment.

    Why make a submission?

    These documents may propose significant changes that could affect your property and the environment in which you live or work. Providing a submission during the consultation period is the most effective way to have your say on the future planning of the city. All community feedback will be sent to the WAPC along with a recommendation from Council. The State Government will consider your input and the issues raised by Council when making its final decision.

    How do I make a submission?

    It is preferred that submissions be made through completing the surveys on this page, however submissions in other formats will still be considered. Submissions other than through Have Your Say Subiaco must be mailed into to the City in a letter addressed to the Chief Executive Officer, or by email to shapeourcity@subiaco.wa.gov.au.

    Making a submission on Have Your Say Subiaco will require you to be a registered user and this process will help us ensure your submission meets the requirements of the LPS Regulations (see below). You can register for Have Your Say Subiaco via the website.Using Have Your Say to make your submission means all future updates will be sent directly to your email address, this is the best way to stay informed.

    I've half completed my online survey but want to take a break. If I close will I lose my work so far?

    If a multi-page survey (which both the LPS and LPS5 surveys are) the system saves up to the previous page. For example if you have completed pages 1 and 2 then click ‘save and continue’ and close your computer, next time you load the page the survey will open to page 3.

    I’ve written to the Minister for Planning, should I still make a formal submission to the City of Subiaco?

    Yes. It is the city’s responsibility to collate submissions, consider the issues raised carefully and make a recommendation to the Western Australian Planning Commission (WAPC). The WAPC then makes a recommendation to the Minister for Planning for final determination of Local Planning STrategy No. 5 (LPS No. 5) and this recommendation includes all submissions received. With regard to the local planning strategy, the WAPC is the decision maker.

    While you may write to the Minister for Planning separately, you are also encouraged to make a submission to the City of Subiaco to ensure your views are taken into account by the Council and WAPC. Writing to the Minister for Planning alone will not count as a submission on the draft LPS No. 5 or the draft local planning strategy. Making a submission to the city is the best way for you to influence future planning in Subiaco.

    What happens with my data when I register with Have Your Say Subiaco?

    Have Your Say Subiaco is an engagement platform managed by the City of Subiaco with Engagement HQ software provided by Bang the Table. Bang the Table are an Australian based online community engagement and public participation provider. Have Your Say Subiaco is hosted in Australia and all responses are kept on Bang the Table’s Australian servers in Sydney. 

    Any data collected via Have Your Say Subiaco is provided to the City of Subiaco exclusively and not shared with any other external company. The data is kept on the server as long as the City of Subiaco works with Bang the Table, on completion of the city’s contract with Bang the Table all data is removed from Bang the Table’s server and destroyed.

    What do I need to include in my submission?

    The legislative requirements under the Planning and Development (Local Planning Schemes) Regulations 2015 require that all submissions must be provided to the City in writing, and must include the following in order to be a valid submission:

    a)  Your full name;

    b)  Your address; and

    c)  A statement about the capacity in which you are making a submission (i.e. landowner, resident, business owner, business tenant etc.) 

    Submissions received which do not provide all of the above information cannot be considered. 

    How many submissions can I make on Have Your Say Subiaco?

    Have Your Say Subiaco allows one submission per registered user. If you have multiple queries you can include them all in the same submission.

    I’ve changed my mind, can I update my submission?

    Additional comments can be forwarded via email to shapeourcity@subiaco.wa.gov.au. For your additional comments to be valid, please make sure you include the relevant information as specified above and provide a short statement explaining whether you are making additional comments or changing your previous submission.

    What happens with my submission after advertising?

    Staff will read and carefully consider each submission and collate them into themes, topics and issues. These are then attached to a report to Council. As part of this report, staff will discuss the key matters raised in the submissions and make recommendations to Council including any modifications to address the key issues raised during consultation.

    Council will then need to consider the recommendations in the report and resolve –

    (a)  to support the draft scheme without modifications; or

    (b)  to support the draft scheme with proposed modifications to address issues raised in the submissions; or

    (c)  not to support the draft scheme.

    A copy of the summarised submissions and the Council report will then be forwarded to the WAPC and Minister for Planning for its final endorsement. 

    Is my submission confidential?

    Submissions are not confidential and for a submission to be considered valid a name and address must be included. A schedule of all submissions including the details of submitters is required to be submitted to Council and provided to the Western Australian Planning Commission. Personal details may be redacted in the relevant Council agenda made publically available.

    Why is the City of Subiaco advertising the Draft Local Planning Scheme?

    As part of the review process outlined in The Planning and Development (Local Planning Schemes) Regulations 2015, the City is required to advertise the new scheme to gain community feedback in order to deliver the best possible planning outcome.

    How long is the Scheme being advertised for?

    The new scheme is required to be advertised for 90 days. The City will undergo this consultation process from 13 April 2018 to 13 July 2018.

    During this time an explanatory letter will be sent to every landowner and resident. The City will also hold ten information sessions and regular notices will be posted in the local newspaper and on social media.

    Any submissions must be received by 5pm, Friday 13 July 2018.

    What if I provide comments after the advertising period?

    Due to the constrained time frames for the City to read submissions and report to Council, submissions received after the close of advertising cannot be considered.

    It is therefore important that submissions are received within the advertising period to provide enough time for staff to read your submission and consider all comments in full.

    What is the Subiaco Redevelopment Area?

    The Subiaco Redevelopment Area refers to an area of land gazetted in March 2018 under the Subiaco Redevelopment Scheme No. 2 that is made pursuant to Part 5 of the Metropolitan Redevelopment Authority Act 2011. This means that land labelled ‘Subiaco Redevelopment Area’ on the Draft LPS5 Scheme Map is land that remains within the City’s locality but falls under the jurisdiction of the Metropolitan Redevelopment Authority. The Subiaco Redevelopment Scheme No. 2 will apply to anyone proposing or undertaking development within the Subiaco Redevelopment Area. You can view the Subiaco Redevelopment Scheme No.2.on the MRA’s website.

    What are the R-codes?

    The Residential Design Codes (R-codes) are a State Planning Policy which control residential density and development throughout Western Australia. The R-code densities are expressed in numbers, such as R20, R40 etc. which relate to density –the number refers to the number of dwellings permitted on a 10,000m2 piece of land.

    To view the R-codes and Explanatory Guidelines visit the WAPC website.

    It is important to review the R-Codes in relation to the draft LPS5 because it sets out specific requirements relating to minimum frontage, open space, minimum setbacks and building heights and so forth. 

    It should be noted that the R-Codes are only applicable for residential development and the residential component of mixed use developments. For non-residential development (e.g. offices or shops) other density controls apply, such as plot ratio, building heights and setbacks which limit the size of buildings that can be constructed on a parcel of land.

    How does the draft LPS 5 impact on properties on the heritage list or within a heritage area?

    Properties on the heritage list or within heritage areas are still protected under the Draft LPS 5 in accordance with Part 3 – Heritage protection of the Deemed Provisions of the LPS Regulations as well as the relevant heritage policy adopted by Council.

    Demolition of a heritage listed property is not normally supported, Additions which are sympathetic to the existing building fabric are encouraged. Places on the heritage list or within a heritage area that are identified for zoning changes can still be developed in accordance with the relevant density provisions of the Scheme, but it must retain the heritage building and be designed to be sympathetic to the heritage values of the individual building or heritage area.

    Properties on the heritage list or within a heritage area will generally never be exempt from the need to obtain planning approval. As a result, development approval is required for the construction of or additions to single houses or demolition of a dwelling on the heritage list or within a heritage area, except where the City’s exemption’s Policy.

    What does R-AC0 mean?

    R-AC0 stands for ‘Residential - Activity Centre 0’, which is a type of density code that formally refers to a planning instrument that contains the relevant development standards for the subject area. In this case, development standards are prescribed in the Subiaco Activity Centre Plan (SACP) which was approved in November 2017. Draft LPS 5 proposes to allocate a density of R-AC0 for all land within SACP area as a means of implementing the SACP and inserts key development standards from the SACP into LPS 5 so they have the same legal weight as the Scheme provisions.

    What is the State’s strategic planning direction?

    The West Australian planning system involves a mix of state and local government planning tools. Current State Government documents require higher densities to be located within activity centres, activity corridors and around train stations to ensure more people can live near public transport services, shops and other essential services.  This approach also makes better use of existing infrastructure, focuses redevelopment in specific areas and allows other residential areas to be retained at lower densities.

    How does City of Subiaco fit into the planning context of metropolitan Perth?

    It is proposed that the state’s strategic planning direction be implemented in the City of Subiaco through a targeted growth strategy which aims to:

    • allocate additional density in areas such as the Town Centre, North Subiaco, local centres and around Daglish and Shenton Park train stations
    • retain existing residential areas outside of station precincts at lower density to enable protection of the heritage and character
    • focus the location of businesses and employment in activity centres to create areas with greater vibrancy and improve the viability of local businesses
    • encourage greater use of alternative modes of transport that reduce residents’ reliance on private vehicles.

    How can I contact you if I would like further information?

    If you require further information please contact the City’s Planning Services by telephone 9237 9284 or email shapeourcity@subiaco.wa.gov.au