3.2 METROPOLITAN REGION SCHEME AMENDMENT - EASTERN DISTRICTS OMNIBUS AMENDMENT NO 8

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3.2 METROPOLITAN REGION SCHEME AMENDMENT - EASTERN DISTRICTS OMNIBUS AMENDMENT NO 8

(Ballajura, Althone, Guildford, Swan Valley/Gidgegannup Wards) (Statutory Planning)

KEY ISSUES

• A proposal has been received for an omnibus amendment to update various zones and reservations in the Eastern Districts of the Perth Metropolitan Region Scheme (MRS) in relation to Government and landowner proposals, rationalisations of zones and reservations to match cadastral boundaries and generally to ensure the MRS is kept up-to-date as the statutory regional plan for Perth.

• The amendment includes four proposals for changes to the zoning and reservation of land under the Metropolitan Region Scheme within the City of Swan. The Western Australian Planning Commission has requested the City’s comment.

• City staff have reviewed each of the four amendment proposals for the City of Swan and provided their position and comment on each. It is intended that these comments be referred to the Western Australian Planning Commission upon Council’s endorsement.

It is recommended that Council endorse the comments and recommendations made in this report and refer the comments to the Western Australian Planning Commission to assist in their consideration of the proposed Metropolitan Region Scheme Amendment (Eastern Districts Omnibus Amendment No.8)

BACKGROUND

This MRS Amendment proposal forms part of a continuing program of amendments to the MRS. Omnibus amendments are used for progressing groups of proposals of relatively less significance in a regional context rather than progressing the proposals as individual amendments. The City of Swan has been requested to provide comments on the proposals affecting its area of jurisdiction.

The MRS amendment proposals will require appropriate amendments to the City’s Local Planning Scheme 17 (LPS17) to ensure that it remains consistent with the MRS.

This may entail amendments concurrent with the MRS amendment where applicable or separate amendments once the MRS has officially been modified.

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REPORT

Within the City of Swan, the amendment proposes the following changes to zones and reservations in the MRS, each having been reviewed for their potential impact on the City of Swan operations: (Each of the proposals is identified visually in Attachments to this report).

Proposal 1: To rezone Lots 13, 101 & 102 Beechboro Road North and portion of Marshall Road Whiteman from the Rural zone to the Urban zone. (Fig. 1) The site is bounded by Marshall Road to the south, Rural zoned land to the north west and Whiteman Park to the north-east. Beechboro Road North dissects the subject land. Lot 13 is owned by the Roman Catholic Archbishop of Perth and has no remnant vegetation and is utilised for grazing. Lot 101 is the Potters House Christian Centre and Lot 102 is undeveloped.

The subject land was previously included as part of MRS amendment 1027/33 - Whiteman Park and Environs. The MRS amendment was disallowed by Parliament, primarily as it proposed to rezone portion of Whiteman Park for urban purposes.

Directions 2031 provides a framework to guide the detailed planning and delivery of housing, infrastructure and services necessary to accommodate growth in the metropolitan areas. It further promotes a more consolidated growth strategy to improve the efficiency of existing public infrastructure, reduce the demand for new infrastructure and services, and avoid the sprawl of development that is not contiguous with the existing urban front. The proposed MRS amendment is in accordance with Directions 2031 as it consolidates urban development in close proximity to urban infrastructure.

The draft Industrial Land Strategy has been advertised and submissions are currently being assessed by the WAPC. The draft Strategy (on which the Council was briefed in March 2010) has identified the subject land (and land to the west) as a priority industrial site to be developed in the short to medium term. The ILS also identifies Lot 13 as a commercial precinct to accommodate service industry and restricted commercial land uses. The proposed 'Urban' zone within the MRS will be consistent with the draft Strategy as it facilitates the development of a range of service commercial and light industrial uses. In this regard, the interface between any development on the subject land and Whiteman Park needs to be given careful consideration. Appropriate buffer distances, land uses and possible barriers to intrusion into the Park would need to be determined as part of structure planning for the area.

Lots 13 and 102 contain a Multiple Use Wetland. The EPA supports a holistic approach to the management of activities in wetland catchments that integrates land use planning, catchment management, total water management, natural resource management and biodiversity protection. The Environmental Protection Authority (EPA) has as part of the ILS process advised that the environmental factors relevant to the site will not be fatal constraints to the proposed rezoning, although it is expected that these factors will be adequately managed through the detailed planning processes.

In this regard, the proponent has undertaken a District Water Management Strategy (DWMS) which has been supported by the Department of Water. The DWMS demonstrates that the subject land is capable of accommodating development.

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City of Swan officer position: No objection

Comment: To ensure coordinated development within this precinct, it is imperative that an appropriate zone within the Local Planning Scheme (LPS 17), requiring a Structure Plan for the whole precinct, be applied. City Officers recommend that a concurrent LPS 17 Amendment from 'Rural' to 'Industrial Development' in terms of Section 126 of the Planning and Development Act be requested from the WAPC. This will ensure final land uses to be determined through a structure planning process inclusive of community consultation.

Proposal 2: To rezone portion of Lots 14 and 15 Hamstead Hills Drive and portions of Hamstead Hills Drive and Old Coach Road in Gidgegannup from the Primary Regional Roads reservation to the Rural zone. (Fig. 2)

The subject lots have a small portion of Primary Regional Roads reservation over them which Main Roads (MRWA) has confirmed is surplus to requirements. This proposal intends removing that reservation and replacing it with a Rural zone in accordance with the balance of the land which is a more appropriate designation in the MRS.

Comment: A subsequent amendment to LPS17 will be required for these Lots to include it in the 'Rural Residential Zone' (The current zone applicable to the remaining sections of the land)

Proposal 3: To rezone portion of Lot 20 Turton Street, Guildford from the Parks and Recreation reservation to the Urban zone. (Fig. 3)

Lot 20 Turton Street is owned by the WAPC and contains a driveway which is used to access abutting Lot 34. Having regard to the use and function of the subject portion of Lot 20, it would be appropriate for this area to be excised from the Parks and Recreation reservation. It is also noted that the subject portion of land is not located within the floodway/flood fringe and is not located within or adjacent to a Bush Forever site.

This proposal intends removing that reservation and replacing it with an Urban zone which is a more appropriate designation in the MRS.

Comment: The owners of Lot 34 have clearly been using this portion Lot 31 as part of their lot for some time. It is anticipated that this part of Lot 31 will be acquired by the owners of Lot 34, at which time it will be appropriate to amalgamate the relevant portions. A subsequent amendment to LPS17 will be required for the subject area to be included in the 'Residential Zone'.

Proposal 4: To rezone portion of Lots 308, 309, 348, 349, 350 & 9000 Park Street and portion of Partridge Street in Henley Brook from the Rural zone to the Urban zone. (Fig. 4)

The subject lots are currently zoned "General Rural" under the City of Swan Local Planning Scheme No. 17. These lots form the northern boundary of the Swan Urban Growth Corridor and have been identified as 'Transitional Residential Lots (R5/R10)'.

The subject lots were intended to form a buffer between residential development proposed in Albion and the existing Rural-Residential development in Henley Brook.

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The subject lots are predominately cleared of native vegetation and are not located within or adjacent to a Bush Forever site.

As structure planning for the Albion area has progressed, two subdivision applications have been approved by the State Administrative Tribunal. One of the conditions of subdivision states that each lot created will be required to have a restrictive covenant outlining that the provision of the "General Rural" zone do not apply and that the

"Residential" zone with an 'R5' coding would apply.

City staff, at the time, advised that the use of restrictive covenants is not considered an ideal situation as it is only available on individual titles or on request. As such permissible land use for these lots may be misunderstood or overlooked. In order to address this situation and minimise confusion it is proposed to rezone these lots to Urban in the MRS.

Comment: A subsequent amendment to LPS17 will be required to rezone the Lots to

‘Residential' with an appropriate density coding.

ATTACHMENTS

• Figure 1 - Proposal 1

STRATEGIC IMPLICATIONS

The proposed amendments to the MRS will require subsequent amendments to Local Planning Scheme 17 to ensure that it remains consistent with the Metropolitan Region Scheme.

STATUTORY ENVIRONMENT

The procedures for a minor amendment of the MRS are prescribed by the Planning and Development Act, 2005. The proposed MRS is being made under the provisions of Section 57 of that Act.

In essence, this procedure for an amendment not constituting a substantial alteration to the MRS (often referred to as a "minor amendment") involves:

• formulation of the amendment by the WAPC;

• referral to the EPA for environmental assessment;

• completion of an Environmental Review (if required) to EPA instructions;

• public submissions being sought on the proposed amendment;

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• consideration of submissions;

• approval, with or without any modifications in response to submissions, or decline to approve by the Minister; and

• the amendment takes legal effect with Gazettal of the Minister's approval.

At this point the City will have 3 months to initiate the relevant amendments to the LPS 17.

FINANCIAL IMPLICATIONS

Minor costs will be incurred in preparing and advertising LPS amendments.

RECOMMENDATION

That the Council resolve to:

1) Endorse the City’s comments with respect to the four proposals for amendments to the Metropolitan Region Scheme within the City of Swan.

2) Forward the City's comments to the Western Australian Planning Commission for assistance in their consideration of the proposed amendments, with a specific request for concurrent Local Planning Scheme amendment for Proposal 1 – To rezone Lots 13, 101 & 102 Beechboro Road North and portion of Marshall Road, Whiteman from ‘Rural’ to ‘Industrial Development’ pursuant to Section 126 of the Planning and Development Act 2005 (as amended).

CARRIED

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