Draft Local Planning Scheme No. 5 and draft Local Planning Strategy

Public Advertising of Recommended Modifications to Draft Local Planning Scheme No. 5.

At its Special Council Meeting of 7 February 2019, the City of Subiaco Council resolved to Support Draft Local Planning Scheme No. 5 with Modifications, and to advertise the modifications for not less than 60 days. Following closure of the advertising process, Council will consider all feedback and make a recommendation with respect to each submission, which will be sent to the Western Australian Planning Commission (WAPC) for consideration along with all other relevant documentation.

Once submitted, the WAPC has four months to consider the local planning scheme and submit a recommendation to the Minister for Planning, who is the final decision-maker. To stay informed as the project progresses, keep an eye on this page.

The best way to make an effective submission on the modifications is to use the survey provided below. If you prefer to make a written submission by mail or email, you must take care to clarify the modification number you are commenting on.

What can I comment on?

Comment is invited on the proposed modifications that were made to the draft LPS 5 document advertised in 2018 (the WAPC version). The modifications relate to the following:

  • Blanket densities around the Daglish and Shenton Park train stations have been removed;
  • Appropriate density allocated in key and appropriate locations;
  • Areas subject to the Subiaco Redevelopment Scheme No. 2 under the Metropolitan Redevelopment Authority have been zoned to facilitate the transfer of this land back into the City of Subiaco planning scheme in the future;
  • The planning provisions of recent amendments to Town Planning Scheme No. 4 have been included; and
  • The scheme text has been updated for consistency with scheme map modifications, recent scheme amendments to TPS 4, issues raised in submissions, and other administrative changes.

The following documents show the proposed modifications:

There is no ability to make comment on any other aspects of the draft LPS 5 or the draft Local Planning Strategy.

To make a submission on the Subi East concept plans, please see the details at the LandCorp website.

For any queries please contact the Planning Team on shapeourcity@subiaco.wa.gov.au or 9237 9284.

About the project

All local governments in Western Australia are required to maintain a Local Planning Scheme to provide statutory planning controls for land use and development in the area. The Local Planning Scheme also implements the Council’s long term strategic direction, which is set out in the Local Planning Strategy. This includes the long term plan to accommodate increased population, add to the local economy and vibrancy of the Subiaco town centre, while maintaining the single residential and heritage character of significant areas within the City of Subiaco.

The City has revised its existing Local Planning Strategy and prepared draft Local Planning Scheme No. 5. These documents were reviewed by the State Government which required the city to make a number of changes prior to public advertising.

Before coming into effect the Local Planning Strategy will need to be endorsed by the Western Australian Planning Commission and Local Planning Scheme No. 5 will need to be determined by the Minister of Planning. The Minister’s options are to approve, require modifications, or refuse to approve (as per Part 5, Division 4, s. 87 of the of Planning and Development Act 2005).

The State Government will consider your input and the Council's recommendation when making its final decision.

How can I find out more?

Public Advertising of Recommended Modifications to Draft Local Planning Scheme No. 5.

At its Special Council Meeting of 7 February 2019, the City of Subiaco Council resolved to Support Draft Local Planning Scheme No. 5 with Modifications, and to advertise the modifications for not less than 60 days. Following closure of the advertising process, Council will consider all feedback and make a recommendation with respect to each submission, which will be sent to the Western Australian Planning Commission (WAPC) for consideration along with all other relevant documentation.

Once submitted, the WAPC has four months to consider the local planning scheme and submit a recommendation to the Minister for Planning, who is the final decision-maker. To stay informed as the project progresses, keep an eye on this page.

The best way to make an effective submission on the modifications is to use the survey provided below. If you prefer to make a written submission by mail or email, you must take care to clarify the modification number you are commenting on.

What can I comment on?

Comment is invited on the proposed modifications that were made to the draft LPS 5 document advertised in 2018 (the WAPC version). The modifications relate to the following:

  • Blanket densities around the Daglish and Shenton Park train stations have been removed;
  • Appropriate density allocated in key and appropriate locations;
  • Areas subject to the Subiaco Redevelopment Scheme No. 2 under the Metropolitan Redevelopment Authority have been zoned to facilitate the transfer of this land back into the City of Subiaco planning scheme in the future;
  • The planning provisions of recent amendments to Town Planning Scheme No. 4 have been included; and
  • The scheme text has been updated for consistency with scheme map modifications, recent scheme amendments to TPS 4, issues raised in submissions, and other administrative changes.

The following documents show the proposed modifications:

There is no ability to make comment on any other aspects of the draft LPS 5 or the draft Local Planning Strategy.

To make a submission on the Subi East concept plans, please see the details at the LandCorp website.

For any queries please contact the Planning Team on shapeourcity@subiaco.wa.gov.au or 9237 9284.

About the project

All local governments in Western Australia are required to maintain a Local Planning Scheme to provide statutory planning controls for land use and development in the area. The Local Planning Scheme also implements the Council’s long term strategic direction, which is set out in the Local Planning Strategy. This includes the long term plan to accommodate increased population, add to the local economy and vibrancy of the Subiaco town centre, while maintaining the single residential and heritage character of significant areas within the City of Subiaco.

The City has revised its existing Local Planning Strategy and prepared draft Local Planning Scheme No. 5. These documents were reviewed by the State Government which required the city to make a number of changes prior to public advertising.

Before coming into effect the Local Planning Strategy will need to be endorsed by the Western Australian Planning Commission and Local Planning Scheme No. 5 will need to be determined by the Minister of Planning. The Minister’s options are to approve, require modifications, or refuse to approve (as per Part 5, Division 4, s. 87 of the of Planning and Development Act 2005).

The State Government will consider your input and the Council's recommendation when making its final decision.

How can I find out more?

Do you have a question regarding the draft Local Planning Scheme No. 5 or the draft Local Planning Strategy?  If so, you can ask us here and we will respond. You can also contact members of the Planning Team on shapeourcity@subiaco.wa.gov.au phone 9237 9284 or attend an open day.

Q + A

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  • Can you explain the reasoning behind the R60 zoning of the properties between Hilda St and Violet Grove when the R20 zoning has been applied to the properties from Hilda St to Herbert Rd? What height limits would apply to this zoning? Has the impact on the properties behind this R60 zoning been considered? How many of the property owners (between Hilda St and Violet Grove) requested this rezoning and what was their reasoning in their request? Were the views of all property owners (on Aberdare Rd) sought before determining the re-zoning and were the views of the owners of the properties immediately north of the proposed re-zoning on Aberdare Rd sought? If not why not? There are 6 properties affected by the proposed change. Of them how many sought the change?

    JG asked 22 days ago

    Thank you for your question. A number of considerations informed the proposed Residential R60 code to be applied to the street block on Aberdare Road between Hilda Street and Violet Grove. Aberdare Road is classified as an urban corridor under Perth & Peel @ 3.5million and urban corridors are identified as suitable areas to consider additional density. The proposed Residential R60 is consistent with the density on the opposite side of Aberdare Road in the City of Nedlands.

    The relevant lots are of a size that enables additional development and a rear right-of-way provides opportunities for alternative access to properties from the rear. The right-of-way also provides separation between the proposed higher density lots and the lower density area. Local Planning Policies can provide for additional controls that reduce the impact of higher density areas onto adjoining lower density properties. The properties on Aberdare Road between Herbert Street and Hilda Street are smaller and do not have access to a right-of-way. Both of these factors limit the ability for these properties to be able to be redeveloped and are recommended to remain at the existing R20 density.

  • I note questions being asked in council regarding the 'advertised LPS5' which was received from the planning commission after the statutory time limit. Given the answers from Council which confirmed it was received later than this and that the Council does not seem to know if an extension was asked for, won't it mean the whole LPS5 will need to be started again if it is shown the WAPC didn't seek the extension? Why didn't the City of Subiaco seek confirmation from the WAPC that they had sought and extension from the Minister before advertising the WAPC plan? Were the councillors and mayor made aware of this risk at the time?

    Jeremy103 asked about 1 month ago

    Thank you for your question.

    The City followed the relevant steps in the Planning and Development (Local Planning Schemes) Regulations 2015. Regulation 22(1) provides: Subject to sections 81 and 82 of the Act, if the Commission advises a local government that it is satisfied that a draft local planning scheme submitted by the local government is suitable to be advertised, the local government must, as soon as is reasonably practicable, prepare a notice in a form approved by the Commission giving details of — (a) the purpose of the draft scheme; and (b) where the draft scheme may be inspected; and (c)to whom and during what period submissions in respect of the draft scheme may be made”.

    After receiving confirmation from the Western Australian Planning Commission that draft LPS 5 was suitable for advertising, the City arranged for draft LPS 5 to be advertised.

  • Hi, in the text above, it states 'There is no ability to make comment on any other aspects of the draft LPS 5 or the draft Local Planning Strategy.' This is being advertised as per planning regulation 26 https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_28845.pdf/$FILE/Planning%20and%20Development%20(Local%20Planning%20Schemes)%20Regulations%202015%20-%20%5B00-d0-02%5D.pdf?OpenElement&fbclid=IwAR23XSmL-2j8xaXEevSwG8CENyiULdExzGWCZLh3G-ywTw37fNYLLs2McjA Is the City of Subiaco relying on 26(4)(d) 'the manner and form in which submissions may be made.' ? in order to restrict comments on the LPS5 in the way the assertions states ' 'There is no ability to make comment on any other aspects of the draft LPS 5 or the draft Local Planning Strategy.'? Or is the City relying on some other element such as another entities internal practice or guidance notes? If it is, please include a link to those internal practice and guidance notes.

    Jeremy103 asked about 1 month ago

    Thank you for your question. The City is following the relevant steps in the Planning and Development (Local Planning Schemes) Regulations 2015. Draft LPS 5 and the draft Strategy were advertised for public comment from April to July 2018. At its 7 February 2019 Special Council Meeting, Council resolved to support draft LPS 5 subject to modifications in response to submissions received and to advertise the modifications.

    Council’s resolution is consistent with the Regulations. Regulation 26(1) provides: ‘The local government may decide to advertise a proposed modification to the draft local planning scheme if  - '.

    The modifications to draft LPS 5 are subject to advertising, and comments need to reflect the advertised material.

  • what is R-AC0

    Barbie asked about 1 month ago

    Thank you for your question. R-AC0 is the Residential – Activity Centre Code. This code sets out development requirements for activity centres and in this instance the Subiaco Activity Centre Plan (SACP). The SACP was adopted by Council in September 2016 and endorsed by the Western Australian Planning Commission in November 2017. Draft LPS5 implements the SACP and does not propose any changes to the approved SACP.

  • Hi, I asked a question earlier but you didn't respond regarding the concept of 'discretion' and whether that would allow another storey above the three that you confirmed. I'm not a planning expert and the R-code document is unhelpful. Are you able to assist with this concept? Thanks. (I've reposted my original question below). Hi, how many stories is the maximum allowed if the there is a R code zoning of R60. I've been told three stories is maximum but I've also heard that four stories is permissible is the developer is given 'discretion'. Sorry if my terminology is not technically correct, but I'm not a planning expert and I have to understand the impact of rezoning within the next few days.

    Shents123 asked about 2 months ago

    Thank you for your question.

    The legal ability to approve development an entire storey above the maximum permitted height is available to the decision maker, but only if the decision maker is satisfied that the developments satisfies all relevant design principles in the R-Codes. It is unlikely that the administration would support development an entire storey above the maximum height limit unless it forms the view that the development is consistent with the relevant design principles of the R-Codes and other elements of the local planning framework.

    The design principles for building height in the R-Code are as follows:

    Building height that creates no adverse impact on the amenity of adjoining properties or the streetscape, including road reserves and public open space reserves, and where appropriate maintains:

    ·  Adequate access to direct sun into buildings and appurtenant open spaces;

    ·  Adequate daylight to major openings into habitable rooms;

    ·  Access to views of significance;

    ·  Buildings present a human scale for pedestrians;

    ·  Building facades designed to reduce the perception of height through design measures; and

    ·  Podium style development is provided where appropriate.

    When making recommendation to Council, the City undertakes an assessment of the proposed development to determine the consistency with the relevant elements of the local planning framework. This may include scheme provisions, state planning policies (such as the R-Codes), local planning policies (such as the Shenton Park Precinct Policy), submissions received during public advertising and any other relevant information, including all other ‘matters for consideration’ outlined in the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015.

    Notwithstanding any recommendation of the City, the decision on whether to exercise its discretion, and to what extent, is with the decision maker, whether that be the Council, the Joint Development Assessment Panel or the State Administrative Tribunal.

  • With respect to the table titled ‘Additional Dwellings to 2050’ on the City’s webpage titled “Modified LPS now available – Thursday 24 January 2019” https://www.subiaco.wa.gov.au/Your-council/News- and-media/News/2019/01-January/Modified-LPS5-now-available , given the ‘Subi East’ label on the table titled ‘Additional Dwellings to 2050’ shows some 2,900 dwellings which did not appear in the ‘Council adopted LPS5 (August 2017)’ or ‘WAPC advertised LPS5’, can the City of Subiaco please provide the instruction from the WA Government that the City of Subiaco has to plan for a total of 8,500 additional dwellings to 2050 as shown given the agenda to the next meeting states ‘The City’s minimum additional dwelling target of 6,140 for 2050, as required by the State Government’ 2 ? 2 Page 6, City of Subiaco, Special Council Meeting Agenda, 1 February 2019 https://www.subiaco.wa.gov.au/getattachment/e16ea770-bac0-432b-8c98-781908c0da27/Special-Council- Meeting-7-February-2019

    Jeremy103 asked about 2 months ago

    Thank you for your question. The City of Subiaco did not receive instruction from the State Government to achieve 8,500 dwellings by 2050 in its Local Planning Strategy.

    The Strategy and LPS 5 adopted by Council in August 2017 planned for 6,200 dwellings in the City of Subiaco. In seeking consent to advertise, the Western Australian Planning Commission required substantial density modifications around Daglish and Shenton Park railway stations which would have increased the dwelling figure to over 9,000. In March 2018, the Metropolitan Redevelopment Authority took planning control of Subi East and is planning for over 2,000 new dwellings in this area. This would be in addition to the 9,000 in the advertised Strategy and LPS 5.

    The City of Subiaco arrived at 8,500 dwellings by making modifications to the Strategy and Draft LPS 5 in response to over 1,300 submissions received during public consultation. The 8,500 figure includes the additional dwellings planned for Subi East.

    1.  Excluding the Subi East area, the advertised draft LPS 5 with the blanket densities imposed by the WAPC could have achieved up to 8,200 dwellings (Subi East accounted for 800 dwellings at the time of advertising).

    2.  Excluding the Subi East Area, the modified version of Draft LPS 5 to remove the blanket densities imposed by the WAPC is expected to achieve 5,600 dwellings (Subi East now accounts for 2,900 dwellings).

    Subi East is under the jurisdiction of the MRA and LandCorp under separate Legislation, the Metropolitan Redevelopment Authority Act 2011. The City believes that acknowledging the number of dwellings planned by separate agencies for Subi East in the Strategy strengthens the argument to remove the blanket densities from around the Daglish and Shenton Park train stations.

  • My property located in Cunningham terrace is recommended for R80 zone. How it's going to affect the maximum allowed height of a house? In other words: how many storey house will be allowed in the zone once the LPS is approved?

    Kaul asked about 2 months ago

    Thank you for your question. The Residential Design Codes (R-Codes) is a State Planning Policy that applies to all residential development in Western Australia. For land zoned R80, the R-Codes include heights for different types of homes. Single houses and town houses (grouped dwellings) are generally 2-3 storeys. For apartments, a 4 storey height limit is allowed, which is a 12m wall height. Height is one consideration in designing development; other criteria to be met include but are not limited to – open space, setbacks, visual surveillance, privacy and overshadowing. You can view the R-Codes in the Document Library.

  • Hi, how many stories is the maximum allowed if the there is a R code zoning of R60. I've been told three stories is maximum but I've also heard that four stories is permissible is the developer is given discretions. Sorry if my terminology is not technically correct, but I'm not a planning expert and I have to understand the impact of rezoning within the next few days.

    Jeremy103 asked about 2 months ago

    Thank you for your question. The Residential Design Codes (R-Codes) is a State Planning Policy that applies to all residential development in Western Australia. For land zoned R60, the R-Codes include heights for different types of homes. For single houses and town houses (grouped dwellings) a 2 storey height limit is allowed. Generally, small lots are very difficult to develop with apartments, however, should this be the case the R-Codes have a 3 storey height limit. You can view the R-Codes in the Document Library.

  • What if any are the proposed changes to R15?

    Merv asked about 2 months ago

    Development controls for R15 coded land are in the Residential Design Codes (R-codes) which is a State Planning Policy and applies across Western Australia. The R-Codes are available in the Document Library on the Have Your Say webpage.

    The R-Codes provide standardised development controls, and some of these controls can be varied by Draft LPS 5. Clause 26 of Draft LPS 5 modifies some of the standard R15 controls as follows:

    1.  To reflect wall heights of traditional single storey houses in the City of Subiaco, single houses can have a slightly higher wall height than what is allowed in the R-Codes. The change permits 3.6m wall heights, which is higher than the standard 3m provided in the R-Codes.

    2.  For land close to a train station or high frequency bus route, the car parking requirements are slightly decreased for single bedroom homes.

  • Have not been able to locate explanation of what R-AC0 zoning enables in LPS5

    Eric Isaachsen asked about 2 months ago

    Thank you for your question. R-AC0 is the Residential – Activity Centre Code. This code sets out development requirements for activity centres and in this instance the Subiaco Activity Centre Plan (SACP). The SACP was adopted by Council in September 2016 and endorsed by the Western Australian Planning Commission in November 2017. Draft LPS 5 implements the SACP into the scheme and does not propose any changes to the approved SACP. 

    You can download the Subiaco Activity Centre Plan from the Document Library (the link to the Document Library is located at the top right of the page when viewing on a desktop computer). 

  • In simple terms what does a change of zoning from r15 to 100 mean for me the owner of the property

    Tim Gossage asked about 2 months ago

    The Residential Design Codes (the R-Codes) are a State Planning Policy that set standards for residential development across Western Australia. The R-code densities are expressed in numbers, such as R15, R100 etc. which relate to density – the higher the number, the higher the permitted density.

    Generally speaking, areas zoned R15 are mostly characterised by single houses on a lot. A higher density (R100) does give property owners greater scope to subdivide their block into smaller lots or to develop apartments. Owners are not obliged or required to develop their land and can choose to do nothing with their property or develop at a lower density. A number of factors are assessed at development application stage to ensure appropriate development is achieved. These include but are not limited to setbacks, building heights, open space, parking, vehicle, access requirements and many other factors.

  • What does it mean in practical terms for my property to be zone Centre with R-ACO? I am visually impaired and unable to make sense of maps etc. Does this mean my street Axon will end up with commercial properties (more than there are already) and high rise ie 8 storey +???

    Paula Watt asked about 2 months ago

    Thank you for your question. R-AC0 is the Residential – Activity Centre Code. This code sets out development requirements for activity centres and in this instance the Subiaco Activity Centre Plan (SACP). The SACP was adopted by Council in September 2016 and endorsed by the Western Australian Planning Commission in November 2017. Draft LPS5 implements the SACP and does not propose any changes to the approved SACP.

    Land use and height controls for Axon Street vary depending on location. Generally for residential areas, development is limited to 2 storeys where there is a low scale residential interface. Other areas around Hay Street are permitted for up to 6 storeys subject to good design, and can be developed for a mix of residential and commercial uses.

    You are welcome to visit or call the City of Subiaco if you have any more queries regarding a specific location on Axon Street.

  • What are the provisions for R-AC3? Specifically, what are the maximum height provisions and provisions for open space and parking? What is 'mixed use', noting the high office and retail vacancy rates in Subiaco.

    Geoff asked about 2 months ago

    Thank you for your question. The code R-AC3 is the Residential – Activity Centre 3 Code.  The development controls for this code are set out in Table 4 of the Residential Design Codes (R-Codes).

    R-AC3 allows mixed use development in an activity centre which may comprise ground floor commercial and upper floor residential in 5 – 6 storey buildings. The maximum plot ratio permitted is 2.0.

    The development controls in Table 4 can be varied by a local planning scheme. For the Jolimont District Activity Centre, the city is recommending that the existing building height controls in Town Planning Scheme No. 4 be implemented into draft LPS5. This limits building heights to 4 storeys unless a Local Development Plan has been prepared and approved by council, in which case the building height may be permitted up to 6 storeys.

    Car parking is as per the requirements of the R-Codes for residential land uses and the non-residential land use car parking table in Schedule 5 of draft LPS 5.

    There is no open space required under R-AC3, however some open space is captured through setback requirements. LPS5 includes modifications to reserve a section of land on Upham Street as Public Open Space to assist in achieving a green link between Subiaco Common and Mabel Talbot Reserve.

  • I have your letter outlining zone and R-code changes for my property but I cannot find anywhere any explanation of code R-ACO and what it means in layman's terms. Could somebody explain please?

    Tim White asked about 2 months ago

    Thanks for your questions.

    R-AC0 is the Residential – Activity Centre Code. This code sets out development requirements for activity centres and in this instance the Subiaco Activity Centre Plan (SACP). The SACP was adopted by Council in September 2016 and endorsed by the Western Australian Planning Commission in November 2017. Draft LPS5 implements the SACP into the scheme and does not propose any changes to the approved SACP.


  • 1. There is a plan for a large increase in housing. Where is the corresponding plan for new commercial and retail space to meet the extra population. What are the numbers for new C & R space. 2. I find it hard to believe that the additional children can be accommodated on the existing school sites. 3. Where is the provision for additional land for electricity supply substations

    lizhas4 asked about 2 months ago

    Thank you for your question. The recommended Local Planning Strategy includes a holistic approach to various aspects of local planning, including (but not limited to) housing growth, commercial and retail space, recreation and community facilities and infrastructure. The Department of Education and relevant infrastructure servicing providers were contacted during the consultation period and did not raise objections to the proposed increase in densities. Servicing and State Government agencies will use the city’s Strategy and LPS5 to inform their forward planning and upgrades to infrastructure as required into the future.

  • When reviewing submissions how will the non technical or community comments be processed

    Mark Tonti asked 8 months ago

    Thank you for your question. All submissions will be considered by the City of Subiaco planning staff and addressed in a report to Council. The submissions in full, Council’s consideration of the submissions and its recommendation on draft LPS 5 and the draft Strategy will be submitted to the Western Australian Planning Commission.

  • Would you please confirm if I am interpreting a part of the proposed LPS 5 correctly before I make a submission? My understanding is that the north side of Churchill Ave, between Townsend and Thomas, will be mixed use area and will allow: • 4 Storey buildings (with 3 storey/12 metres height at the street-front). • Roof pitch that could go to 17 metres • Nil front setback • Plot ratio 2 Is this correct or can you please advise the correct interpretation? I wish to check before I lodge a submission objecting on the grounds of it being non-complementary, too dense and too bulky in relation to the mostly single-storey federation homes on the south side of Churchill. It will destroy the amenity of Churchill Ave and undermine the heritage character. The current res-commercial zoning on the north side does not greatly disadvantage the south side as it is lower in scale. The new zoning of the north side of Churchill should protect the amenity of the south side by containing the height to 3 storeys only with 2 storeys at the street front and a lower plot ratio and the types of uses should be restricted to complement the residential south side. If this is not viable for the city then planning for the south side of Churchill should allow for development complementary to the north i.e increased density to match the north side or at least residential-commercial to 3 storeys.

    Lizzy asked 9 months ago

    Thank you for your question.

    Your query relates to land that is subject to the Draft North Subiaco Structure Plan (NSSP) which was endorsed by Council in May 2017 and is subject to final consideration by the WAPC.

    It is not proposed to modify the development controls of the NSSP in draft LPS 5, and these provisions are proposed to be implemented through clause 33 - additional site and development requirements for areas covered by Structure Plans, Activities Centre Plans and Local Development Plans.

    The development standards for Churchill Avenue, East of Townshend Road, are provided in the table part 4(c) of Schedule D of the NSSP. These standards set out a maximum plot ratio of up to 1.5 for mixed use development, a street setback that is subject to the discretion of the city, a maximum height of three storeys (9m) with one additional storey set back at least 3m behind the façade of the lower floors or 5m from the primary street boundary. 

    For full details refer to page 50 of Draft LPS 5, please note that these provisions set out a series or maximum development standards and should be read in conjunction with the draft NSSP, which is required to be given due regard by all decision makers in determining applications for development approval.

    If you have further queries or require clarification please do not hesitate to contact the city’s dedicated phone number at 9237 9284 or via email at shapeourcity@subiaco.wa.gov.au.

  • Thank you for posting the survey and taking the trouble to survey residents. I completed the survey but did not receive a copy of my completed survey. Is it possible to provide one?

    Lizzy asked 9 months ago

    Thank you for your question.

    The system is set up to generate an automatic response with a copy of your survey. However, depending on your specific email settings, these automatic responses may be diverted to your junk mail inbox. 

    If you are still unable to find a copy of your survey, you can request a copy in writing by emailing us on shapeourcity@subiaco.wa.gov.au

  • Thank you for your response. You have told me that ‘While submissions do not need to be written in technical language, they do need to be based on planning grounds ..” Does this mean that I may refer to what I see as poor planning principles/considerations (eg lack of green & open space and of new schools for the new residents)? Or should I restrict comments to “the potential impact of new development on the existing streetscape or the constraints placed on development due to small lot sizes” - which, in my opinion, completely ignore neighbourhood amenity and liveability? I see that “A good submission should also include alternatives to the proposal being advertised.” Does this include asking WAPC to withdraw LPS5 while it considers the increased density that can be planned for the PMH site? Surely such a large site offers far greater potential for good planning principles than what must be ad hoc, lot by lot, as properties are bought, on-sold and developed.

    Helen asked 9 months ago

    Thank you for your question.

    You can refer to what you consider to be poor planning principles in your submission. The items you mentioned are all valid planning considerations and you are free to articulate these issues in any manner you choose. The city recommends that all submissions clearly outline specific concerns that are underpinned by potential alternatives as this format will help to translate submissions into potential recommended modifications.

    The Planning and Development (Local Planning Schemes) Regulations 2015 do not permit the WAPC to withdraw Draft LPS 5 pending clarity on the future planning of the PMH Site. Following receipt of the Draft LPS 5 and any recommended modifications, the WAPC must consider the documents and submit recommendations to the Minister for Planning to either approve, modify or refuse Draft LPS 5.

  • Good afternoon. While Water Corps have recently carried out significant work, in Hay St, Rokeby and Nicholson Roads, I don't recall any of it being in the vicinity of either Shenton Park or Daglish stations. What is the Cit’s expectation of the existing infrastructure being able to cope with the recommended increased population?

    Helen asked 9 months ago

    Thank you for your question.

    It is acknowledged that accommodating increases in population and achieving the State Government’s infill targets is likely to require upgrades to existing infrastructure to cope with additional demand for these services.

    It is generally the responsibility of the State Government’s service providers to plan for and undertake infrastructure upgrades as the population increases. The draft LPS 5 and Revised Strategy have been referred to all relevant service providers such that comment can be provided to the city during the public consultation period. Through this process, the relevant services providers are able to provide specific feedback on the capacity of their infrastructure network to manage the demand for services affected by proposed density increases. 

    Following consideration of the submissions received, the city may need to recommend modifications to the advertised documents to manage any issues raised by the service providers. Beyond the Draft LPS 5 and Revised Strategy, ongoing cooperation with the State Government and other agencies is required to ensure that appropriate upgrades are planned for and undertaken appropriately to support population growth.

    In addition to upgrades undertaken by service providers, where development of land is proposed, applicants can be required to upgrade relevant infrastructure as a condition of approval on an application. The nature of any upgrade generally responds to the type of development proposed.

  • Good afternoon. According to the POST, Council Administration believes that SaveSubi is spreading misinformation that, if adopted by residents, would likely make their submissions about LPS5 invalid. Question 1. What is this misinformation? and, in order to ensure only valid submissions are received, why has Council not shared this concern with all ratepayers? I understand from the POST that Council Administration has given relevant advice to councillors about so-called misleading information contained in material circulated by SaveSubi. Question 2. What is this advice, and please explain clearly why it is invalid. Many thanks, Helen.

    Helen asked 10 months ago

    Thank you for your question.

    The city has prepared a range of information materials to assist residents to understand the implications of the proposed changes. This includes the city’s webpage and Have Your Say website, letters to each property owner and occupier with details how their property may be impacted, drop-in information sessions where members of the community could speak to a city planner about the impact on their property and the wider neighbourhood, advertisements in The POST and social media posts. All communication from the city has encouraged members of the community to obtain further information or clarification (if required) by contacting the Planning team through the dedicated phone line and email specifically set up for this purpose.

    Development information provided by the city, such as potential building heights is based on the planning controls proposed under draft Local Planning Scheme No. 5. Statistical information provided such as housing densities is based in Australian Bureau of Statistics data and responds to infill targets required to be achieved. This data clarifies the difference between housing density and population density.

    To ensure submissions are valid they should be based on correct information which has been provided by the city. While submissions do not need to be written in technical language, they do need to be based on planning grounds and the city will not dismiss any submissions based on planning considerations. Planning grounds may include concerns about the potential impact of new development on the existing streetscape or the constraints placed on development due to small lot sizes. A good submission should also include alternatives to the proposal being advertised. Submissions should avoid using language such as slums and should not reference house values as these matters are not town planning considerations.

    Residents are encouraged to seek clarification and additional information by contacting the city’s dedicated phone number or email address at 9237 9284 or shapeourcity@subiaco.wa.gov.au

  • Good Morning In the draft LPS5 (scheme and strategy) it references the 'The State Government’s Perth and Peel at 3.5m draft Central Sub-regional Planning Framework' (CSRPF) as a guiding document. On page 72, 6.3 'Role of Local Government ... it mentions that "There are a number of measures, statutory mechanisms or provisions available to local governmnet to enable urban consolidation to be realised. These measures include local planning policies, scheme provsions, incentives, density bonuses, up-coding, split-coding, speicial control or development areas and minimum densities. These mechansims must be considered based on the individual requirements of the urban consolidation precincts, existing adjacent development, and the position of the local government and the community, in conjunction with State/WAPC polices." My questions area a) can you tell me if anyof the above measures are included in the draft Local Planning Scheme 5 , or the Local Planning Strategy or in any other Subiaco Local Government documents, that could be read in conjunction with the draft LPS5 documents going forward . e.g In regards to 'density bonuses', could these be applicable going forward to residential zoned areas .. R20, R15, R25, R40, R50, R60, R100, Mixed Use areas or Precincts? b) Also, could a 'density bonus' allow one of more extra storeys to be approved in any residential or mixed use zones or precincts. c) What othere 'density bonuses' could be applied to residential and mixed use areas in the City of Subiaco ? Thanks Jackie

    Haveyoursay asked 10 months ago

    Thank you for your question.

    The Central Sub-Regional Planning Framework includes a number of measures which can be implemented by local government through local planning documents such as a local planning strategy, local planning scheme and local planning policy. Draft LPS 5 includes a range of measures to implement urban consolidation in accordance with the State Government’s priorities. In addition, local planning policies are proposed to be prepared to guide development once there is more certainty on the direction of draft LPS 5.

    Density and/or building height bonuses have to be detailed as provisions in draft LPS 5 and would include a set of criteria that guide how bonuses are applied. Decision makers would not be able to apply density bonuses in other documents (such as the Draft Apartment Design Guidelines) as these provisions are not proposed to be read into draft LPS 5.

    Local planning policy can provide additional guidance on how bonuses are applied but cannot contain provisions that result in additional density or height being available for development. Draft LPS 5 provides for height and/or plot ratio bonuses in some mixed use locations and includes criteria that need to be achieved to obtain the bonus. There are no bonuses available for residential zoned land in draft LPS 5.

    No other height or density bonuses are contemplated by draft LPS 5.

  • Hello, Could you please tell me what was R-zoning for Raphael street before the SACP was approved in November 2017? Thank you

    AnnaSh asked 10 months ago

    Thank you for your question. The zoning and R-Code for Raphael Street is Residential R80 and did not change when the Subiaco Activity Centre Plan (SACP) was approved in November 2017. Under Centre R-AC0 code, the Residential R80 standards will continue to apply to Raphael Street through the approved SACP. If you would like to discuss further with a member of the Planning Services team, please contact the city on 9237 9284.

  • TRIANGLE PRECINCT. (3 areas ) Good Morning Q1. I see that the area (triangle) bound by FINLAYSON STREET , HEYTESBURY RD AND THOMAS ST has a proposed rezoning from R20 to R60. Can you please let me know if this spot draft re-zoning to R60 was proposed by the City of Subiaco Council/Staff or was modified by the Dept of Planning WA ( WAPC)? Q2. I see that the area at 2 Nicholson Road ( Avro House) has a proposed rezoning from R20 to R60. Can you please let me know if this spot draft re-zoning to R60 was proposed by the City of Subiaco Council/Staff or was modified by the Dept of Planning WA ( WAPC)? Q3. I see that the area bound by Kings Road , Heytesbury Rd , Bedford Rd to Thomas Street has proposed spot rezoning from R20 to R60. Can you please let me know if this spot draft re-zoning to R60 was proposed by the City of Subiaco Council/Staff or was modified by the Dept of Planning WA ( WAPC)? Q4. I see that the area bound by most of the East side of Bedford Ave , Thomas St and a section of Bagot Rd has a proposed spot rezoning from R20 to R60. Can you please let me know if this spot draft re-zoning to R60 was proposed by the City of Subiaco Council/Staff or was modified by the Dept of Planning WA ( WAPC)? Q5. . What we the reasons or justifications for these 3 areas in the Triangle Precinct to be spot re zoned from R20 to R60 ? Thnaks Jackie

    Haveyoursay asked 10 months ago

    Thank you for your question.

    The proposed changes to the areas you refer to were adopted by Council in the version of draft Local Planning Scheme No. 5 (LPS 5) that was forwarded to the Western Australian Planning Commission. Spot rezoning is a planning term which refers to changing the zoning of individual lots in the absence of broader comprehensive planning. Spot rezoning is generally not applicable in a Scheme review process which is undertaken and considers land use planning over the entire local government area.

    The following matters were carefully considered in recommending that the properties be recoded to R60:

    •  Encourage the minor redevelopment of properties allocated a density of R20/50 under Town Planning Scheme No. 4 (TPS 4) to allow for development consistent with contemporary building practices and standards;

    •  Allow for the development of appropriately sized lots which are currently developed at a higher density than the allocated R20 zone which applies under TPS 4; and

    •  Considering the existing built form of Thomas Street to provide similar scaled development at R60 and using existing right-of-way’s to provide for access.

    It is noted that a heritage area is now under consideration for the lots on both sides of Rupert Street and Salisbury Street as well as some lots on Heytesbury Road and Nicholson Road and this will guide the city’s approach for density and development in this particular area.

  • Hello, Could you please clarify what Centre R-AC0 zoning actually means for Raphael Street, Subi? Do I understand right that it was proposed in Local Planning Strategy but should be defined in Local Planning Scheme No 5? Could you please refer me where is in the documents I can find a definition of the above zoning and implications for people who live in the areas of R-AC0 zoning? My understanding is that R-AC zones introduced for activity centers. When in a residential zone the medium-high density development can be facilitated through either an R-Code (e.g. R80, R160) or an R-AC coding. Since we are in the residential zone I wonder why R-AC0 coding was selected over R-Code for Raphael street? And if it is possible to apply R-Code zoning to Raphael street instead of R-AC0? Thank you

    AnnaSh asked 10 months ago

    Thanks for your question. All areas covered by the Subiaco Activity Centre Plan (SACP) are proposed to be zoned R-AC0 which stands for ‘Residential - Activity Centre 0’ and applies the controls in the SACP.

    The SACP (as approved in November 2017) includes controls for all development (including residential), has not been modified since approval and is being implemented through draft LPS 5. The SACP can be found in the Document Library on the top right hand side of this webpage.

    As the SACP is being implemented in draft LPS 5, there is no proposed change to residential land uses and controls as currently provided in the SACP. What it does mean is that the key development standards from the SACP will be included into LPS 5 so that they have the same legal weight as the LPS 5 provisions. Without implementation into draft LPS 5, the SACP provisions would have due regard in the assessment of planning proposals and not the full statutory weight of LPS 5.

    For Raphael Street, R-Code development standards still apply as per R80 density as indicated in Table 1 within SACP.

  • How long will the rezoning take? What month & year do you expect it to be completed?

    Mauree asked 10 months ago

    Thank you for your question. Following the end of the public advertising period on 13 July 2018, the city has 120 days to consider all submissions and submit the draft local planning scheme with a recommendation to the Western Australian Planning Commission (WAPC).

    Once submitted, the WAPC has 120 days to consider the local planning scheme and submit its recommendation to the Minister for Planning. The Minister for Planning, the final decision maker, does not have a timeframe to make a decision and therefore it is not possible to give an expected gazettal date for the finalised local planning scheme. It is estimated that the process may take approximately twelve to eighteen months from the end of the public advertising period.


  • As residents of this precinct who have spent a large amount of time and money trying to preserve the character of our Subiaco home, we are opposed to the plan. Can I ask how we contact our local Councillors to put forward our concerns? Is there an email address that I can collectively notify the relevant parties?

    Jill Pope asked 10 months ago

    Thank you for your question.

    The contact details for all Elected Members are available on the city’s website.

    Providing a submission during the consultation period is the most effective way to have your say on the future planning for the City of Subiaco. Residents are encouraged to engage with the city to gain information and make an informed submission. You can contact our Planning Team on shapeourcity@subiaco.wa.gov.au or 9237 9284.


  • Will corrected LPS 5 drafts be made available prior to the end of the submission period? I refer in particular to the unnumbered table at the end of schedule C titled 'Other additional site and development requirements'. In this table, 'No.3' refers to 'Shenton Park Precinct near Thomas St' but then gives boundary streets from Triangle Precinct. Do the requirements for 'Shenton Park Precinct near Thomas St' refer to the section bounded by Rokeby-Austin, Rokeby-Onslow or Rokeby-Rosalie? 'No.1' refers to 'other than Thomas St' vehicle access for 'Along Railway Road' properties; similarly a typographical error has been copy-n-paste'd through the requirement column. What are the correct requirements for each item?

    DATaylor asked 11 months ago

    Thank you for your question. It is understood that No. 3 was intended to apply to the properties with frontage to Thomas Street between Austin Street and Rokeby Road.  

    The city is not permitted to modify LPS No. 5 during the public consultation period. Once the Western Australian Planning Commission (WAPC) gives its approval to advertise a Local Planning Scheme, it must be advertised as approved for advertising, inclusive of typographical errors. Following the end of public advertising and consideration of the submissions received, a report will be presented to Council inclusive of a comprehensive schedule of recommended modifications to address issues raised in submissions and to correct typographical errors such as the ones you have raised.

  • Unfortunately I will be out of Perth on the information session dates for Daglish Station Precinct. In respect of the proposed rezonings in that area please respond in detail to the following questions: 1. Will there be any prohibition on demolition of original cottages? 2. How will the zoning prevent property owners simply building bigger homes (rather than providing multiple dwellings - give need for more dwellings is suggested as a justification for zoning changes)? 3. Given the size of the lots (most are less than 520 sqm) what sort of multiple dwellings are imagined to be able to be built in the area? 4. What controls will be in place to preserve streetscape? 5. So for example how will the possibility of a large block of apartments being placed into the middle of an area otherwise containing character houses? 6. How will the environment be protected in terms of green space requirements?

    axhp asked 11 months ago

    Thank you for your question. While the information sessions are precinct focused you are welcome to attend any session that suits you.

    Properties on a heritage list or within heritage areas are protected by statutory provisions and a tailored heritage policy adopted by the City of Subiaco. The demolition of a single house in these circumstances would require development approval and the city does not generally support the demolition of places which contribute to heritage. Single houses that are not on a heritage list or within a heritage area are not afforded the same statutory protection and can be demolished without the need for planning approval.

    The planning system does not put a cap on the size of dwellings which can be constructed where relevant planning controls set out in the draft LPS No. 5 and the Residential Design Codes have been addressed. Small lots are difficult to develop for multiple dwellings and the city envisages that some land assembly may be required to realise the full development potential of land.

    The current planning framework allows for limited protection of streetscapes. The city is reviewing options to progress a planning approach which is consistent with State policy and will ensure that any new development does not negatively impact on existing heritage, character, streetscape and public open space. This option may be presented as a potential modification to draft LPS No 5.

  • What changes did the WAPC make to zoning proposed by the Subi Council? I think the Subi Council proposal is shown on the "Draft Local Planning Scheme No. 5 map - as endorsed by Council 8 August 2017 (NOT THE ADVERTISED VERSION)" (on the "Documents" page of this site). Is that right? I can view that map next to the "advertised version" and spot the differences. For example, I can see houses on Gloster St that are marked R20 on "not the advertised version", but marked R60 or R80 on the "advertised version". That's useful, but a map of the changes would be more convenient, and I think other people might be interested in those changes, too. It might prevent questions to the Council such as "Why did you propose changing the zoning of my house from R20 to R60/80?".

    Graham Hannington asked 11 months ago

    Thank you for your question.

    The advertised version of draft Local Planning Scheme No. 5 including the Scheme Map (LPS 5) is different to the version which was endorsed by Council on 8 August 2017. The City of Subiaco required consent to advertise from the Western Australian Planning Commission (WAPC) prior to formally advertising LPS No. 5. During its consideration, the WAPC required the city to modify LPS No. 5 and the modified version is the one which is subject to advertising. In regard to Residential R-Codes, the modifications primarily focused on requiring increased density in the Daglish and Shenton Park station precincts.

    The city is required to seek feedback on the version of draft LPS No. 5 which is advertised and each property was sent an individual letter advising of the proposed changes to that property. The city’s original version of draft LPS No. 5 has been made available as background information. It is important to note that these documents are not subject to public advertising and any submissions should be made on the advertised documents.

    The City of Subiaco requests all feedback through submissions which will be carefully considered in making a recommendation to the WAPC and which may include proposed modifications. Submissions will be considered on planning grounds, should be based on planning considerations and not focus on the party which required the modification. In light of this, a map showing the density changes between the city’s adopted version and the advertised version has not been prepared.

  • How will increased infrastructure be paid for? I assume much higher density will have impact on existing roads, power, gas, water (sewage)? Also, other items such a primary and high school education? The existing schools are already at capacity...

    Jeremy103 asked 11 months ago

    Thank you for your question. Upgrading existing infrastructure is generally the responsibility of the State Government through its relevant service providers. The city will continue to engage with service providers to ensure appropriate infrastructure is available and is upgraded to cater for the future population. Both the draft documents have been referred to all servicing agencies for comment. The City of Subiaco is responsible for local roads which will be upgraded where necessary. These works will be continually planned as part of the city’s ongoing maintenance programs and will be updated following the finalisation and approval of the draft revised Local Planning Strategy and draft Local Planning Scheme No. 5.


  • 1) How long is it likely to take before a final decision is made on the proposed new zoning scheme? 2) If the new zoning is adopted will the current council guidelines need to be significantly revised to accommodate the major differences for the codes higher than R20 (such as 2m vs 6m setbacks, 9m vs 13m building heights, etc)? Some of the proposed changes under the new R codes seem incompatible with the current guidelines for many of the Subiaco precincts.

    Zoned-Out asked 11 months ago

    Thank you for your question. The Planning and Development (Local Planning Schemes) Regulations 2015 set out the process for the review of local planning schemes. Following the ending of the advertisement period on 13 July 2018, the City of Subiaco has 120 days to consider all submissions and submit the draft local planning scheme with a recommendation to the Western Australian Planning Commission (WAPC). Once submitted, the WAPC has 120 days to consider the local planning scheme and submit its recommendation the Minister for Planning. The Minister for Planning is the final decision maker and does not have a timeframe to make a decision.

    The city will review all planning policies to ensure they are consistent with the approved version of Local Planning Scheme No. 5.

  • Good Afternoon 1) Can you please tell me if houses listed as ‘considerable contribution’ and ‘some contribution’ in a Heritage Conservation Street , can be amalgamated ( ie two blocks which are soon to be zoned R60 or R80 or R100) ? 2) what is the minimum protection (if any ) does a residential house in a Heritage Street have under the new zoning ?

    Haveyoursay asked 11 months ago

    Thank you for your question. The City of Subiaco provides a recommendation for subdivision applications to the Western Australian Planning Commission who is the determining authority. Subdivision and amalgamation in heritage areas is generally supported where the city is satisfied that the proposal will not impact the traditional patterns and portions of the existing lots in the heritage area, and where it is demonstrated that the proposal will not adversely impact on the heritage character of the existing streetscape.

    Town Planning Scheme No. 4 and draft Local Planning Scheme No. 5 will retain the ability to nominate heritage places and heritage areas and existing places and areas will continue to be protected. All development (including new proposals) within a heritage area is required to comply with the relevant heritage area policy which aims to conserve existing buildings identified as making a considerable or some contribution to the heritage significance of the area and to protect the traditional streetscape character.