Western Australian Planning Commission

September 2018 Metropolitan Region Scheme Amendment 1343/57 (Minor Amendment)

South East and South West Districts Omnibus 3

Amendment Report

City of Armadale, Cockburn, Gosnells, Kwinana and Rockingham and the Shire of Serpentine-Jarrahdale

Metropolitan Region Scheme Amendment 1343/57 (minor amendment)

South East and South West Districts Omnibus 3

Amendment Report

City of Armadale, Cockburn, Gosnells, Kwinana and Rockingham and the Shire of Serpentine-Jarrahdale

September 2018

Disclaimer This document has been published by the Western Australian Planning Commission. Any representation, statement, opinion or advice expressed or implied in this publication is made in good faith and on the basis that the government, its employees and agents are not liable for any damage or loss whatsoever which may occur as a result of action taken or not taken, as the case may be, in respect of any representation, statement, opinion or advice referred to herein. Professional advice should be obtained before applying the information contained in this document to particular circumstances.

Published by the Western Australian Planning Commission Gordon Stephenson House 140 William Street, Perth WA 6000

Locked Bag 2506 Perth WA 6001

MRS Amendment 1343/57 Amendment Report File 833-2-1-72 Pt 1

Published September 2018

Internet: www.dplh.wa.gov.au Email: [email protected] Phone: (08) 655 18002 Fax: (08) 655 19001

This document is available in alternative formats on application to Communications Services.

Contents

The Metropolitan Region Scheme ...... v

Abbreviations ...... ix

Amendment report

1 Purpose ...... 1

2 Background ...... 1

3 Scope and content of the amendment ...... 1

4 Aboriginal heritage ...... 5

5 Coordination of local and region scheme amendments ...... 6

6 Substantiality ...... 6

7 Sustainability appraisal ...... 6

8 Environmental Protection Authority advice ...... 7

9 The amendment process ...... 7

10 Submissions on the amendment ...... 7

11 Modifications to the amendment ...... 8

12 Final outcome ...... 8

Amendment Figures – Proposals 1 - 22 ...... 11

Appendix A Notice of environmental assessment

Appendix B List of detail plans supporting the amendment

Appendix C Your property and the planning system - region schemes

Appendix D Preparing a submission

Appendix E Submission form for this amendment (form 57)

The Metropolitan Region Scheme What it is and how it is amended - minor

Planning Perth’s future The MRS is amended frequently as the region grows and changes. Perth is currently home to more than 2 million people and this is anticipated to grow to 3.5 What is an amendment? million by 2050. An amendment to the MRS changes the To meet this growth, land must be identified zoning or reservation of land to allow for a for future housing, employment different land use. opportunities, transport, conservation and recreation. When a rezoning or a new reservation is considered, it is classified as either a major The Metropolitan Region Scheme (MRS) or a minor amendment and is advertised to provides for this by defining what land can be seek comment from landowners, the used for. It is also the means by which broader community and all levels of landowners can be compensated for land government. Under the Act, the process for acquired for public purposes. proposed major and minor amendments is different. The role of the WAPC? This process allows for extensive community The Western Australian Planning Commission (WAPC) has statewide responsibility for consultation and discussion in Parliament, planning how land in metropolitan and prior to a final decision being made. regional areas can be used and developed. The WAPC comprises a Chair and 16 How is the Metropolitan Region members, representing industry, government Scheme amended? and the community. The WAPC is responsible for maintaining the The WAPC is a statutory authority and MRS, including reviewing and initiating operates in accordance with the Planning and changes where necessary. Development Act 2005. It is supported by the Department of Planning, Lands and Heritage, The amendment process is regulated by the which provides professional and technical Planning and Development Act 2005. The Act expertise, administrative services and requires an amendment to be consistent with corporate resources. both the Swan River Trust Act 1988 and the Heritage of Western Australia Act 1990 and What is the Metropolitan Region does not allow for an amendment to occur Scheme? within the defined area of which a redevelopment scheme applies. The MRS is a large town planning scheme which defines how land can be used in the The amendment proposed in this report is Perth metropolitan area, dividing it into broad being made under the provisions of section zones and reservations. The metropolitan 57 (often referred to as a minor amendment). area stretches from south of Rockingham to north of Yanchep and east of Mundaring. The minor amendment process includes (also see the diagram on page ix): The MRS uses a set of maps and a scheme text to set the planning rules and identify the • Request submitted and considered by the various zones and reservations. WAPC.

This plan has been in operation since 1963 • WAPC determines to either progress or and provides the legal basis for planning in reject application, classifying it as either a the Perth metropolitan area. major or minor amendment.

v • If progressed, the application is referred to Zones the Environmental Protection Authority (EPA) to set the level of environmental Urban: areas in which a range of activities are assessment. If the EPA requires an undertaken including residential, commercial, environmental review, this is carried out recreational and light industry. before the amendment is advertised. Urban deferred: land identified for future • Consent by the Minister for Planning to urban uses following the extension of urban call for submissions. services, the progressive development of adjacent urban areas, and resolution of any • Proposed amendment is advertised for environmental and planning requirements public comment. Advertisements are relating to development. placed in local and statewide newspapers and the information is made The WAPC must be satisfied that these available on issues have been addressed before rezoning www.planning.wa.gov.au/public- to urban. comment. Landowners directly affected by a proposed amendment are Central city area: strategic regional centres for contacted in writing. Where there is an major retail, commercial and office facilities as environmental review, this is also made well as employment, civic, business and available for comment. residential uses.

• WAPC receives public submissions over a Industrial and special industrial: land on which period of 60 days. manufacturing, processing, warehousing and related activities are undertaken. • WAPC reviews the proposed amendment in light of both the submissions and Rural: land on which a range of agricultural, planning advice provided by the extractive and conservation uses is Department of Planning, Lands and undertaken. Heritage. Private recreation: areas of significance to the • WAPC provides recommendation to the region’s recreation resource, which are (or are Minister for Planning whether to accept, proposed to be) managed by the private reject or modify the proposed sector. amendment. Rural - water protection: rural land over public • Minister considers proposed amendment. groundwater areas where land use is controlled to avoid contamination. • If approved, with or without modification, the amendment becomes legally effective Reservations in the MRS with the publishing of a notice in the Government Gazette. If declined, Land reserved for community purposes. It the amendment is discarded. may be reserved to protect a resource or to provide areas for infrastructure. • Within three months of an MRS amendment being finalised, all affected Parks and recreation: land of regional local governments must initiate an significance for ecological, recreation or amendment to its local planning scheme landscape purposes. to match the new zonings. Railways: provides for public transit routes, Zones and reservations freight rail lines and associated facilities such as marshalling yards, maintenance depots Zones and reservations in the MRS are broad and park n’ ride stations. categories to define how land can be used and developed. The following descriptions are a guide only. vi Port installations: regional maritime shipping For these reasons, amendments to the MRS facilities. are advertised so that all affected landowners and the broader community have time to State forests: areas of woodland located on examine the proposal and provide their Crown land and managed under the comment. Conservation and Land Management Act 1984. What if my land is reserved?

Water catchments: water sources protected Land is reserved because it will eventually be for high quality public water supply. These needed for a public purpose such as parks areas have strict controls on land use to avoid and recreation or other regional roads. pollution of the water resource. If your land is proposed to be reserved in an Civic and cultural: significant civic precincts advertised amendment, you can continue to and buildings. use and enjoy your property. Generally, reserved land can remain in private Waterways: permanent inland and coastal ownership until it is needed for the purpose waters including many rivers and reservoirs. for which it is reserved.

Public purposes: land for public facilities such To protect landowners, there are procedures as hospitals, high schools, universities, for acquisition or compensation by the WAPC. prisons, utilities for electricity, water and These are outlined in Your Property and the treatment of wastewater, commonwealth planning system – region schemes, a leaflet government and other special uses. reproduced at the back of this report and online at Primary regional roads: important regionally www.planning.wa.gov.au/regionschemes. significant roads as part of the planned road network that are currently, or proposed to be How can my views be heard? declared, under the Main Roads Act 1930. You can lodge a submission during the Other regional roads: roads of regional advertised period: • significance in the planned road network for online at www.planning.wa.gov.au/public- which the planning responsibilities are shared comment • by the WAPC and local governments. in writing to Western Australian Planning Commission, Level 2, 140 William Street, Perth 6000 (a submission form is included at What if my land is rezoned? the back of this report). Landowners may find that an amendment seeks to rezone their property, for example Publications from rural to urban or urban deferred. Amendments made to the MRS using the If the zoning is changed, landowners do not provisions of section 57 will in most cases have to change their lifestyle or the way they have information published under the use the land. However, depending on the new following titles: zone, there may be opportunities to change the land use, such as seek approval to Amendment report subdivide or apply to develop it in some way This document is available from the start of that suits the new zoning. the public submission period of the proposed amendment. It sets out the purpose and The WAPC realises that many people choose scope of the amendment, explains why the their properties because they like them as proposal is considered necessary, and they are and may not want to change from, informs people how they can comment. for example, a rural-residential lifestyle to an urban area. Others are keen to change the land use.

vii Environmental review report A simple diagram of the amendment process. The EPA considers the environmental impact of an amendment to the MRS before it is Applicant would like to change advertised. Should the EPA require formal the zoning or reservation of a assessment, an environmental review is piece of land and prepares a undertaken, and that information is made request accompanied by available for comment at the same time as the sufficient planning justification Amendment Report.

WAPC receives a request to Report on submissions amend the MRS This publication documents the planning rationale, determination of submissions received, and the recommendations for final WAPC considers the application approval of the amendment made by the and resolves to either reject or

WAPC. initiate the MRS amendment process

Submissions If process begins, application is All written submissions received on the referred to the EPA to determine proposed amendment are reproduced as a level of environmental public record. assessment

Environmental review

prepared, if required by the EPA

WAPC submits to Minister for

consent to advertise

Amendment advertised seeking public comment

WAPC reviews submissions and

considers the planning merits of proposed amendment

Recommendation whether to

accept, reject or change

proposed amendment is provided to the Minister for Planning

Environmental conditions incorporated, if required

Minister for Planning considers

the WAPC’s recommendation

If approved, amendment is

Gazetted and takes effect. MRS (and LPS, where appropriate)

updated

viii Abbreviations

AHA Aboriginal Heritage Act DC Development Control DP Department of Planning EPA Environmental Protection Authority MRS Metropolitan Region Scheme PCA Planning Control Area SWALSC South West Aboriginal Land and Sea Council WAPC Western Australian Planning Commission

Amendment Report

Metropolitan Region Scheme Amendment 1343/57 South East and South West Districts Omnibus 3

1 Purpose

The purpose of the amendment is to update various zones and reservations in the South East and South West Districts of the Perth Metropolitan Region Scheme (MRS) at the request of Government agencies, servicing authorities, local governments and landowners.

Proposals within the amendment include; small scale amendments to the region scheme which do not warrant consideration as individual amendments, the rationalisation of zones and reservations to match cadastral boundaries, updates to reflect infrastructure or buildings as constructed, and other general updates to ensure the MRS is kept up-to-date as the statutory regional plan for Perth.

The amendment contains 22 separate proposals in the Cities of Armadale, Cockburn, Gosnells, Kwinana and Rockingham and the Shire of Serpentine-Jarrahdale.

2 Background

The amendment is part of a continuing program of omnibus amendments to the MRS which are utilised to progress groups of proposals of relatively less significance in a regional context rather than progressing the proposals as individual amendments.

3 Scope and content of the amendment

The amendment proposes the below modifications to the MRS.

CITY OF ARMADALE

PROPOSAL 1 Forrestdale: To transfer the Rural zoned portion of Lot 8 Armadale Road to the Parks and Recreation reservation (Figure 1).

The reservation of the battle-axe access leg of Lot 8 is consistent with the reservation of the remainder of the lot and its vesting in the City of Armadale for recreation purposes.

PROPOSAL 2 Roleystone / Karragullen: To transfer portions of road reserve adjacent to Reserve 47884 from the State Forest reservation to the Rural zone (Figure 2).

The State Forrest reservation of portion of road reserve adjacent to Reserve 47884 is anomalous as the surrounding land is either reserved for Parks and Recreation or Rural zoned. Road reserves in the MRS are generally zoned or reserved consistent with surrounding zones and reservations.

1 PROPOSAL 3 Roleystone: To transfer a portion of Lot 820 Old Coach Place Parks and Recreation reserve to Urban (Figure 3).

A portion of Lot 820 Old Coach Place, Roleystone is reserved for Parks and Recreation associated with the adjoining Banyowla Regional Park. This is an historic encroachment, which the WAPC has sold to the current owner of Lot 820.

PROPOSAL 4 Champion Lakes: To transfer Lot 801 Corfield Street from the Parks and Recreation reservation to the Public Purposes - Special Uses reservation (Figure 4).

The WAPC has resolved to transfer the northern portion of Lot 801 to the State of Western Australia for the creation of a Crown Reserve to enable the development of a local government depot for the City of Gosnells. The transfer of the Parks and Recreation portion of Lot 801 to the Public Purposes – Special Uses reservation is consistent with this proposed use.

The portion of Lot 801 south of Corfield Street is reserved for Public Purpose – Special Use and is contains the Swan Transit - Southern River Depot (owned by the Public Transport Authority).

PROPOSAL 5 Bedfordale: To transfer Lot 11 Godwit Retreat from the Parks and Recreation reservation to the Rural zone (Figure 5).

Lot 11 was reserved for Parks and Recreation through a drafting error in the finalisation of proposal A11 of MRS Amendment 978/33 – Darling Range Regional Park. Lot 11 was not intended to be reserved as a part of the amendment and this proposal will return the lot to its original Rural zoning.

CITY OF COCKBURN

PROPOSAL 6 Coogee: To transfer Lot former Lot 500, now part of Lot 1512 from Primary Regional Road to Urban (Figure 6).

Former Lot 500 has been amalgamated into the adjacent Lot 1512 in order to rectify an encroachment prior to the disposal of the property. The reservation from the portion of the former road needs to be removed. Lot 1512 is currently owned by the Commissioner of Main Roads and is also the Coogee Hotel and Post Office site on the State Heritage Register.

PROPOSAL 7 Beeliar: To transfer the Other Regional Roads reserved portion of Lot 9510 Barnong Lookout to the Urban zone (Figure 7).

The City of Cockburn advises that the identified portion of Other Regional Roads reserve is surplus to the requirements of the Beeliar Drive / Spearwood Avenue roundabout as constructed and should be transferred to the Urban zone.

2 PROPOSAL 8 Success: To transfer Reserve 49561 and the adjacent section of unmade road reserve at the southern end of Lot 9000 from the Urban Deferred zone to the Parks and Recreation reservation and the Bush Forever area designation (Figure 8).

R49561 is part of Beeliar Regional Park and is vested in the Conservation Commission of Western Australia, it is proposed to be transferred to the Parks and Recreation reservation and included in adjacent Bush Forever area 391 consistent with its identification for conservation purposes.

PROPOSAL 9 Cockburn Central: To transfer Poletti Road and adjacent road widening lots from the Urban and Industrial zones to the Other Regional Roads reservation (Figure 9).

Poletti Road has been identified as an Other Regional Road as a result of the development of the Cockburn Central Activity Centre and is to be reserved in the MRS for this purpose accordingly.

PROPOSAL 10 Cockburn Central: To transfer a portion of Lot 147 Hammond Road and a portion of the Hammond Road road reserve from the Other Regional Roads reservation to the Urban zone (Figure 10).

The City of Cockburn advises that the former location of the Hammond Road / Beeliar Drive intersection is no longer required to be reserved for Other Regional Roads purposes due to upgrade works which have relocated it to the east.

PROPOSAL 11 North Coogee: To transfer the Primary Regional Roads reserved portions of Lots 501 and 502 Kiesey Street to the Urban zone (Figure 11).

Main Roads WA advise that the identified portion of the Cockburn Road Primary Regional Roads reservation is not required and has been sold to a private landowner, it is to be transferred to the Urban zone accordingly.

CITY OF GOSNELLS

PROPOSAL 12 Gosnells: To transfer portions of Lot 4 and Lot 105 Albany Highway from the Urban zone to the Parks and Recreation Reservation (Figure 12).

Lots 4 and 105 are owned by the WAPC and have been approved for transfer to the City of Gosnells for inclusion in Centennial Park. Accordingly, it is proposed that the Urban zoned portions of the lots are reserved for Parks and Recreation.

PROPOSAL 13 Canning Vale / Southern River: To rationalise the Warton Road Other Regional Roads reservation (Figure 13).

To transfer portions of lots alongside Warton Road, Southern River, from the Other Regional Roads Reservation to the Urban zone and vice versa to reflect the cadastral boundaries of the Warton Road corridor.

3 CITY OF KWINANA

PROPOSAL 14 Wellard: To transfer a portion of Lot 545 Charing Cross from the Railways reservation to the Urban zone and to rationalise the Railways reservation and Urban zone adjacent to Lots 543 and 544 Chiswick Parade (Figure 14).

To rationalise the reservation of the Perth – Mandurah Railway line and zonings of adjacent lots consistent with cadastral boundaries.

PROPOSAL 15 Wellard: To transfer Urban zoned portions of Reserve 51792 to the Parks and Recreation reservation and to transfer Parks and Recreation reserved portions of adjacent lots 9002, 9003, 9026 and 8002 to the Urban zone (Figure 15).

To rationalise the zoning and reservation of the Lake Wellard Tramway Reserve and adjacent lots consistent with cadastral boundaries.

CITY OF ROCKINGHAM

PROPOSAL 16 Secret Harbour: To transfer Comet Bay College, Lot 2153 Allatoona Avenue, from the Urban zone to the Public Purposes - High School reservation (Figure 16).

The proposal area is the location of the Comet Bay High School and is to be reserved for Public Purposes – High School consistent with this use.

PROPOSAL 17 Baldivis: To transfer Lot 500 adjacent to the Kwinana Freeway from the Rural zone to the Parks and Recreation reservation and the addition of the Bush Forever designation and the Rural zoned portion of Lot 310 which contains the Kwinana Freeway to the Primary Regional Roads reservation (Figure 17).

Lot 500 is a remnant landlocked lot with no access and is most appropriately reserved for Parks and Recreation and included in Bush Forever area 419 for management as part of the adjacent reserve to the south. Lot 310 contains the Kwinana Freeway and the Rural zoned portion is to be transferred to the Primary Regional Roads reservation accordingly.

PROPOSAL 18 Port Kennedy / Baldivis: To transfer portions of various lots between the Rural zone and Railways, Primary Regional Roads, Other Regional Roads and Parks and Recreation reservations (Figure 18).

To rationalise various zonings and reservations to reflect Ennis Avenue (Primary Regional Roads), Mandurah Road (Other Regional Roads) and the Perth – Mandurah Railway (Railways) as constructed.

PROPOSAL 19 Baldivis: To transfer portions of various lots between the Rural zone and the Parks and Recreation reservation consistent with cadastral boundaries (Figure 19).

To align the Parks and Recreation Reservation of portions of the Stakehill Swamp reserve owned by the WAPC with the cadastral boundaries of various lots.

4 PROPOSAL 20 Karnup: Transfer Lot 181 adjacent to the Kwinana Freeway from the Rural zone to the Waterways and Parks and Recreation and reservations, and to include the Parks and Recreation reserved portion in the Bush Forever designation (Figure 20).

Lot 181 has no road access, as access is not permitted from the Kwinana Freeway, and is contiguous with a nature reserve running from the adjoining Yalbanberup Pool south along the Serpentine River. The proposal area is to be transferred to the Parks and Recreation and Waterways reservations and incorporated into the adjacent conservation reserve and Bush Forever area 394 managed by the Department of Biodiversity, Conservation and Attractions.

PROPOSAL 21 Baldivis: To transfer Lot 821 Millar Road from the Rural zone to the Parks and Recreation reserve (Figure 21).

Lot 821 is 179m2 parcel owned by WAPC and is a remnant parcel separated upon the creation of the adjoining Kulija Road (Lot 914 Plan 77252). It has no development potential and would be more appropriately managed in conjunction with adjoining Crown Land at Lot 1387 Plan 218497, Reserve 22429, Bush Forever Site 356.

SHIRE OF SERPENTINE-JARRAHDALE

PROPOSAL 22 Whitby: To transfer Reserve 50602 from the Public Purposes – Hospital reservation and Rural zone to the Public Purposes – Special Uses reservation (Figure 22).

Reserve 50602 is owned by the State of Western Australia and managed by the National Trust of Australia. Murdoch University entered into a forty-two year lease over the entirety of the site in 2013 in order to develop the site as an operational farm to support teaching and research needs in areas including environmental, animal and veterinary science. It is noted that the Whitby Falls Hostel located within the proposal area is on the State Heritage Register.

Murdoch University is seeking the transfer of Reserve 50602 to a Public Purposes – Special Uses designation to support the use of the site for educational, research and community purposes.

4 Aboriginal heritage

The Aboriginal Heritage Act 1972 (AHA) provides for the protection and preservation of Aboriginal heritage and culture throughout Western Australia, including places and objects that are of significance to Aboriginal people. Aboriginal sites and materials are protected whether or not they have been previously recorded or reported.

The process of rezoning or reservation of land in a region scheme is not in itself directly affected by the AHA. Proposed changes to land-use at MRS amendment stage are broad by nature and do not physically interfere with the land. Consideration of any protection that may be required is addressed more specifically at later stages of the planning process, typically being a local planning scheme amendment and when preparing a local structure plan.

5 Proponents of proposals are advised to familiarise themselves with the State's Cultural Heritage Due Diligence Guidelines (the Guidelines). These have been developed to assist proponents identify any risks to Aboriginal heritage and to mitigate risk where heritage sites may be present. The Guidelines are available electronically at https://www.daa.wa.gov.au/globalassets/pdf-files/ddg.

Nevertheless, in recognising the importance of having reliable Aboriginal information on land and the values attached to it, the WAPC and the Department of Planning, Lands and Heritage have entered into a Memorandum of Understanding with the South West Aboriginal Land and Sea Council (SWALSC) for the provision of Aboriginal consultative services. All MRS amendment proposals likely to be of interest to Aboriginal persons are now referred to SWALSC for comment before being released for public submission. SWALSC is the recognised Native Title Representative Body for Western Australia’s south west region and as such is also well placed to provide advice on Aboriginal heritage.

This amendment was not referred to SWALSC as it was not expected to impact on Aboriginal heritage values. However, the amendment will be referred to SWALSC during the public advertising period.

5 Coordination of local and region scheme amendments

Under section 126(3) of the Planning and Development Act 2005 local government have the option of recommending to the WAPC to concurrently rezone land that is being zoned Urban under the MRS to a "Development" zone (or similar) in its LPS.

The WAPC will consider the concurrent amendment of the subject land for proposals within this omnibus amendment at the time the amendment is considered for final approval.

6 Substantiality

The Planning and Development Act 2005 allows for amendments to the MRS to be processed as either major or minor amendments depending on whether they are considered to constitute a substantial alteration to the MRS. WAPC Policy DC 1.9 Amendment to Region Schemes sets out the criteria for deciding whether the major or minor process should be followed.

The criteria outlined in DC 1.9 relate to a variety of matters, not all of which relate to every amendment. In this regard, the amendment is proposed to be processed as a minor amendment as the extent and nature of each proposal within the omnibus does not constitute a substantial or regional change to the planning philosophy of the MRS.

7 Sustainability appraisal

Due to the small scale of the proposals in this amendment, many have no significant sustainability impacts. Where proposals do have environmental, economic, social or other sustainability issues, these are discussed in the sections on each individual proposal.

6 8 Environmental Protection Authority advice

The proposed amendment was referred to the Environmental Protection Authority (EPA) for advice on whether environmental assessment would be required.

The EPA has advised that the proposed amendment does not require formal assessment under Part IV of the Environmental Protection Act 1986. A copy of the notice from the EPA is included at appendix A.

9 The amendment process

The procedures for amending the MRS are prescribed by the Planning and Development Act 2005. The amendment proposed in this report is being made under the provisions of section 57 of that Act.

In essence, the 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 sought on the proposed amendment (including environmental review if required); • 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.

An explanation of this process entitled The Metropolitan Region Scheme, what it is and how it is amended, can also be found in the front of this report.

10 Submissions on the amendment

The WAPC invites people to comment on this proposed amendment to the MRS.

The amendment will be advertised for public submissions for a period of 60 days from Friday 21 September 2018 to Friday 23 November 2018.

Copies of the amendments are available for public inspection at the:

i) Western Australian Planning Commission, 140 William Street, Perth

ii) City of Armadale City of Cockburn City of Gosnells City of Kwinana City of Rockingham Shire of Serpentine-Jarrahdale

iii) State Reference Library, Northbridge.

7 Online submissions are encouraged via: www.planning.wa.gov.au/public-comment.

Written submissions commenting on the amendment should be sent to:-

The Secretary Western Australian Planning Commission Locked Bag 2506 PERTH WA 60010 or by email to:-

[email protected] and must be received by 5 pm Friday 23 November 2018.

All submissions received by the WAPC will be acknowledged.

For your convenience a submission form (form 57) is contained in this report (Appendix E). Additional copies of the form are available from the display locations and the PlanningWA website www.planning.wa.gov.au/public-comment.

You should be aware that calling for submissions is a public process and all submissions lodged will become public. All submissions are published and made available when the Minister has made a determination on the amendment. Advice of disclosure and access requirements are shown on side two of the submission form.

Before making your submission, it is recommended that you read the information in appendix D of this report regarding preparing a submission.

11 Modifications to the amendment

After considering any comments received from the public and government agencies, the WAPC may recommend that the Minister modify the amendment. The Minister may approve the amendment, with or without any modifications in response to submissions, or decline to approve.

12 Final outcome

The recommendations of the WAPC, including any modifications, along with the determination of the Minister, are published in a report on submissions. Anyone who has made a submission, along with affected landowners, will be notified of the outcome when the amendment is gazetted to give it legal effect.

MRS Amendment 1343/57

South East and South West Districts Omnibus 3

Amending Figures Proposals 1 - 22

8 C/|\ 27131

421 FORRESTDALE

Proposal 1

ROAD IAL MERC COM

459

A/|\ 24781

South East and South West Districts Omnibus No. 3 Proposed Minor Amendment as advertised 3 May 2018 Proposal 1

Proposed Amendment: Parks and recreation reservation

Oracle reference no:2926 File number:833/02/01/0072P V Version number: 3

N 0 10 20 30 40 Date: 15/05/2018 Produced by Geospatial Research and Modelling, Department of Planning, Lands and Heritage, Perth WA Base information supplied by Western Australian Land Information Authority SLIP 944-2017-1 metres 11

KARRAGULLEN 572 2 24

Proposal 2

CONVINE ROAD

ROLEYSTONE

A/|\ 47884 4 3090

South East and South West Districts Omnibus No. 3 Proposed Minor Amendment as advertised 3 May 2018 Proposal 2

Proposed Amendment: Rural zone

Oracle reference no:2926 File number:833/02/01/0072P V Version number: 3

Proposal 3

ROLEYSTONE

103

32 820

OLD COACH P LACE

Y 31 WA GH HI ON KT OO BR South East and South West Districts Omnibus No. 3 Proposed Minor Amendment as advertised 3 May 2018 Proposal 3

Proposed Amendment: Urban zone

Oracle reference no: 2926 File number: 833/02/01/0072P V Version number: 3

N 0 3 6 9 12 Date: 16/05/2018 Produced by Geospatial Research and Modelling, Department of Planning, Lands and Heritage, Perth WA metres Base information supplied by Western Australian Land Information Authority SLIP 944-2017-1 S

T 60 H

U 4848

9001

5033 GOSNELLS 5040 AY HW IG H

IN K N TO

Proposal 4 L B

K N

O Y

SU H I 4832 G

A 3000 C Y

L " 801 O S 54 KELMSCOTT E 5034 C/|\ 48327 C ORF IELD ST RE ET CHAMPION LAKES

800 48

100 47

46 15 E U 63 N E 401 V A E 62 D 45 U KELMSCOTT R T R 77 61 E E U G N 44 E V A 43 S 14 76 E G R O 59 75 E 42 G 91 T S 13 South East and South West Districts Omnibus No. 3 Proposed Minor Amendment as advertised 3 May 2018 Proposal 4

Proposed Amendment: SU Public purposes reservation - special uses

Oracle reference no: 2926 File number: 833/02/01/0072P V Version number: 3

N 0 60 120 180 Date: 15/05/2018 Produced by Geospatial Research and Modelling, Department of Planning, Lands and Heritage, Perth WA metres Base information supplied by Western Australian Land Information Authority SLIP 944-2017-1 2

GO DW IT

R ET RE AT

Proposal 5

BEDFORDALE

C/|\ 5704

3655

South East and South West Districts Omnibus No. 3 Proposed Minor Amendment as advertised 3 May 2018 Proposal 5

Proposed Amendment: Rural zone

Oracle reference no:2926 File number:833/02/01/0072P V Version number: 3

N 0 20 40 60 80 Date: 15/05/2018 Produced by GeoSpatial Planning Support, Department of Planning, Perth WA metres Base information supplied by Western Australian Land Information Authority SLIP 944-2017-1 520

7 8 9 3 2

502

503 Proposal 6 171

C COOGEE DOWSE COURT O

D N ROA ELL 1512 POW 504

505

510

511

A/|\ 24306

172

BEACH ROAD

1 4

South East and South West Districts Omnibus No. 3 Proposed Minor Amendment as advertised 3 May 2018 Proposal 6

Proposed Amendment: Urban zone

Oracle reference no:2926 File number:833/02/01/0072P V Version number: 3

N 0 10 20 30 40

Date: 15/05/2018 metres Produced by Geospatial Research and Modelling, Department of Planning, Lands and Heritage, Perth WA Base information supplied by Western Australian Land Information Authority SLIP 944-2017-1 G

I U

I C

E 112

111 W

566 YANGEBUP

DRIVE IAR BEEL

Proposal 7

V E C/|\ 51113 N

E 109

9510

BEELIAR

115 116 117 118

South East and South West Districts Omnibus No. 3 Proposed Minor Amendment as advertised 3 May 2018 Proposal 7

Proposed Amendment: Urban zone

Oracle reference no:2926 File number:833/02/01/0072P V Version number: 3

N 0 5 10 15 20 Date: 15/05/2018 Produced by Geospatial Research and Modelling, Department of Planning, Lands and Heritage, Perth WA metres Base information supplied by Western Australian Land Information Authority SLIP 944-2017-1 3 14

C A R ADE N IE PAR 2256 EG 13 642 M H U A I 641 9000 M R 871 M F I O E 876 N L D D 875 874 A R V 12 O E A N D U E

502 SUCCESS 391 23

C/|\ 49561 50 Proposal 8 BEELIAR 41

303 C/|\ 50500 8001 565 566 DAVIESIA TURN

567 P

564 S O A | 15556 S

/\ O

568 A

L P

563

N Y

569 I

A R

562 E 528 509 E

554 536 541 523 W

V L

570 549 I

L I

R 508 N

561 529 I 555 542 D

W 535 522 A

571 548 T E

N 507 R 560 556 530 A

572 547 R 521 O

559 C

S R 558 GARDEN RU O AR T

W T

8002 C/|\ 50501 U 8003 S 8005 C/|\ C/|\ 50499 8008 8007 50498 1 4 8 ANKENIA TURN R 8004 WAY 6 F 5 2 7 9 MALA South East and South West Districts Omnibus No. 3 Proposed Minor Amendment as advertised 3 May 2018 Proposal 8

Proposed Amendment: Parks and recreation reservation Notice of Delegation (Site No) Bush Forever area addition

Oracle reference no: 2926 File number: 833/02/01/0072P V Version number: 3

N 0 40 80 120 160 Date: 15/05/2018 Produced by Geospatial Research and Modelling, Department of Planning, Lands and Heritage, Perth WA metres Base information supplied by Western Australian Land Information Authority SLIP 944-2017-1 B UC KL EY 32 102 101 30 18 501 ST 73 RE 74 ET 31 T C/|\ 250 E 503 C/|\ E 47585 81 R T 38093 52 S 55 2 N 200 A L N G O T 53 A RT E H L SP 1 C EN E A C R 75 54 E T M R S L AK N E 51 RO 6 O S C/|\ 124 A N TR D N EE 12692 T I T ICH K BO 7 C R M NE ST RE ET 100 46 29 D 9 A 47 O R Proposal 9 8 115 3 125 C/|\ 52843

27 Y 33 A Y 116

W 122

12 U 26

P C

A 117

10 13 24 23 G

E 25 L C/|\ VETERANS 5 P 45447 C DAVISON ROAD D ARADE

O A O P O 107

723 E

E I R 17 19 | U T C/\

R N 109 T

M O 16 E

E 52845 110

A V 108 I

151 L

D D A

O COCKBURN G

20 E

152 P E

60 C

CENTRAL G N

153 O A

121 111 O R

154 R 21 B T

15 O M

C | 52844 O 155 165 /\ E RACE E SIGNAL TER

M 123 A

156 E V

E 61 E 14 R 157 IV N

R U D C/|\ 52980 158 E 22 E C G 159 ID R R R R I E E E D S K G G 160 T A E L E

62 N T C

722 O T 126

U 201 R R

R U OA T O D C/|\ 45448 C 9004 T

E R

G U D O

O C 176 L Y 127 E 294 B B

246 A DELARO NDE DRIVE 120 1001 W

E E 119 N 83 V 203

B T O T EEL

IAR W E R 8003 DRIVE

R SUCCESS 205 O

T I 188 C | 52708 S 4 S /\ H S H 87 R 206 E 204

T A

E 202 P

E 183

N 207 C S E T

N H 406 131 R H

CHAPLIN A IG O

O N E O L A

208 H

A T 192 V H P

171 D I N E

A N 9000 112 91 150 A

209 N P

M K 28

E 193 G O I A

O R H R R R

I C |

210 B C S A /\ 93 I A I 11

S E E D S M 94 E E 46894 South East and South West Districts Omnibus No. 3 Proposed Minor Amendment as advertised 3 May 2018 Proposal 9

Proposed Amendment: Other regional roads reservation

Oracle reference no: 2926 File number: 833/02/01/0072P V Version number: 3

801

COCKBURN CENTRAL 99

51 Proposal 10 60

H A M M 147 O N D R O AD

61 146

BE EL C/|\ 49773 IAR DR IVE

700 SUCCESS

701

502

South East and South West Districts Omnibus No. 3 Proposed Minor Amendment as advertised 3 May 2018 Proposal 10

Proposed Amendment: Urban zone

Oracle reference no:2926 File number:833/02/01/0072P V Version number: 3

P E R 123 L I N

T E

V I E W C/|\ 50591 9905 NORTH COOGEE

D I EN PER

C/|\ 51317

501

B U 15 16 17 R 14

N Proposal 11

A D 502 COOGEE

KIESEY STREET

10 520

7 8 9

171 3 2 A/|\ 1 24306

South East and South West Districts Omnibus No. 3 Proposed Minor Amendment as advertised 3 May 2018 Proposal 11

Proposed Amendment: Urban zone

Oracle reference no: 2926 File number: 833/02/01/0072P V Version number: 3

C/|\ 40316 0 3919 4985

C/|\ 47074 31 3616 313

C/|\ 48327

555

Y A Proposal 12

G I GOSNELLS

L A

108 4 51

107

100

F REMANTL ERO AD

3 2

South East and South West Districts Omnibus No. 3 Proposed Minor Amendment as advertised 3 May 2018 Proposal 12

Proposed Amendment: Parks and recreation reservation

Oracle reference no:2926 File number:833/02/01/0072P V Version number: 3

N 0 10 20 30 40 Date: 15/05/2018 Produced by Geospatial Research and Modelling, Department of Planning, Lands and Heritage, Perth WA metres Base information supplied by Western Australian Land Information Authority SLIP 944-2017-1 B R S A M H D R E E A N E 11 C V R E E N S C 809 R R E O U N S A T T 5073 T D M E A C/|\ E M H IV B D R A 38134 R ID L M D G A 212 N Y E 1578 M D 213 R E R A R E !(1 R S E 266 N S T 214 P A IT T L O 4941 R U O N W C N E 215 E 265 A R | T Y I W W C/\ 47209 C A A A Y A Y W M 4942 M C/|\ 52802 H A 630 E H 1502 R L S 383 A W A D T M D A R H A E O S O N O S G A 628 R 45 A S CANNING VALE N R L CK D A O N ELBE P L O W 44 E T NA V L R A IE IL A R W 32 V W C T 43 R H N 300 E C O C U A Y T B E S 33 42 M A B I

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N 41 R A R H 35 154 A

153 N A

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C 36 T O I R OWE A A A D T CO 47 B D P D S U M 27 O IE I A R A R T D A H L R T P E 1 A S P R 152 N R N U A R 2 E A O C/|\ A C 772 R IR N C 151 47609 A E 3 C

E 4 U

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I Y 8101

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R P C O T T E E

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A W K IN T A S S A T CR O S

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Proposed Amendment: !(1 Other regional roads reservation !(2 Urban zone

Oracle reference no: 2926 File number: 833/02/01/0072P V Version number: 3

N 0 50 100 150 200 Date: 15/05/2018 Produced by GeoSpatial Planning Support, Department of Planning, Perth WA metres Base information supplied by Western Australian Land Information Authority SLIP 944-2017-1 113 CH OA PR AP

534 ON IT RB SU

E D A R A P K IC W IS H C

544 L A M B E T H

C IR C L E

543 Proposal 14

8014

545

S S O 1560 R C G IN R A H C

915

South East and South West Districts Omnibus No. 3 Proposed Minor Amendment as advertised 3 May 2018 Proposal 14

Proposed Amendment: Railways reservation

Urban zone

Oracle reference no: 2926 File number: 833/02/01/0072P V Version number: 3

9003

Proposal 15

T E E R T S 46 C/|\ 51792

H IT 9026 M S R WELLARD E V IL S 8011

W E 17 L L A R D R | O C/\ 43736 A D 359

163

164 8002 19

162

165

RD OULEVA DISH B 161 CAVEN South East and South West Districts Omnibus No. 3 Proposed Minor Amendment as advertised 3 May 2018 Proposal 15

Proposed Amendment: Parks and recreation reservation

Urban zone

Oracle reference no: 2926 File number: 833/02/01/0072P V Version number: 3

8012 PARKWAY 1583 A UR CO Y AN A B KW D

R A

NE O

O T ST AY E S

BLU W P 1573 A

AN G O EL O CH L 1916 1574 1572 1920

1576 1571

S R

A 1566 1570 E 1923 B 1921 1922

T SECRET 1567 1569 1924 N E 1943 C HARBOUR S STREET E SALTON 1925 E E R

R 1942 C H T 1926 1516 1941 1515 1927 S E N U 1940 A N E M 1517 1512

V E 1928 H HS

A U C 1939 N N E E 1518 1511

1929 R V A 1938 F 2153 1519 1510 1930 D N

1931 A 1520 1509

O O

1932 Proposal 16 T

L L

O A 1933 R B

R A ELWELL STREET

1255 1503

915 267 351 914 268 352 ARUBIDDY WAY

813 8003 C/|\ 52162 296 297

GILROYD WAY E

814 V 295 298

O E

R 294

U 299 G

815

GOLDEN BAY N

I L

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816 O

A O

916 311 L

817 A A 406 Y 371

401 L C 376 917 312

W A 818 CRESCENT Y

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N 918

W 319 O 407 370 D 400 819 A I N

O 377

N N I I

C 318 L M 316

C/|\ L W A 399 408 369

R A A

Y 378

A 315 317 52350 M Y 409 368 South East and South West Districts Omnibus No. 3 Proposed Minor Amendment as advertised 3 May 2018 Proposal 16

Proposed Amendment: HS Public purposes reservation - high school

Oracle reference no: 2926 File number: 833/02/01/0072P V Version number: 3

N 0 30 60 90 120 Date: 15/05/2018 Produced by Geospatial Research and Modelling, Department of Planning, Lands and Heritage, Perth WA metres Base information supplied by Western Australian Land Information Authority SLIP 944-2017-1 6

K W BALDIVIS I N

500

Y C/|\ 41683

419

Proposal 17

11 12

South East and South West Districts Omnibus No. 3 Proposed Minor Amendment as advertised 3 May 2018 Proposal 17

Proposed Amendment: Parks and recreation reservation

Primary regional roads reservation Notice of Delegation (Site No) Bush Forever area addition

Oracle reference no: 2926 File number: 833/02/01/0072P V Version number: 3

603 602 2 200 !( !(3 !(2 902 156

8048 806

901

157 C/|\ 50576

201 C/|\ 46970 112 1579

PORT KENNEDY E 159

N E

V A Proposal 18 !(4 !(1 161

S 160 I BALDIVIS

801 !(3 M A

H 162 163 C/|\ 51284 860 R

A D

!(2 D A O R 861

IS V R 165 A J 501 164

1300 598 C/|\ 26359

STA KEH ILL R OAD KARNUP South East and South West Districts Omnibus No. 3 Proposed Minor Amendment as advertised 3 May 2018 Proposal 18

Proposed Amendment: !(1 Other regional roads reservation

!(2 Parks and recreation reservation

!(3 Railways reservation

!(4 Rural zone

Oracle reference no:2926 File number:833/02/01/0072P V Version number: 3

N 0 50 100 150 200 Date: 15/05/2018 Produced by Geospatial Research and Modelling, Department of Planning, Lands and Heritage, Perth WA metres Base information supplied by Western Australian Land Information Authority SLIP 944-2017-1 200 10 SI 151 XTY 9010 EI 820 GHT ROAD !(1 !(2 !(1 92 157 819 1 !( 158 4 152 74 818 73 PORT 72 KENNEDY 817 TUART D 3 RI 51 VE 156 5 56 52 801 2 57 153 800 53 760 1 54 C/|\ 24872 601 803 55 603 602

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N 90 D

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A 806 88 87

H O

807 R 901 808 809 89 2 Y !( 1 T !( H

C/|\ 50576 G I

112 E

R C/|\ 46970 Proposal 19 E

O U

N A 779

E 778 D

V 1579 752 A D 751 76 S A

N O

N R

E IS 881 880 161 V 593 160 R A J 100 864 163 825 824 162 101 860 !(2 58 861 865 165 164 821 822 59 598 827

652 849 G S R TA E K E E H 649 N IL 599 H 8051 L A KARNUPM 648 P L A 2 C !( R 815 E O 823 40 A D 816 826 ROAD 184 LUMSDEN 701 185 41 South East and South West Districts Omnibus No. 3 Proposed Minor Amendment as advertised 3 May 2018 Proposal 19

Proposed Amendment: !(1 Parks and recreation reservation

!(2 Rural zone

Oracle reference no:2926 File number:833/02/01/0072P V Version number: 3

N 0 100 200 300 400 Date: 15/05/2018 Produced by Geospatial Research and Modelling, Department of Planning, Lands and Heritage, Perth WA metres Base information supplied by Western Australian Land Information Authority SLIP 944-2017-1 KERALUP

180

551 KARNUP

Y A W E E R F 100

A N A IN W K 181 Proposal 20 394

4191 A/|\ 44986 4274 110 518 STAKE HILL

E V E R G R E EN L OO 111 109 P

E 4166 V I

52 L L I 112 H R

108 E M 41 4270 M

U 113 S South East and South West Districts Omnibus No. 3 Proposed Minor Amendment as advertised 3 May 2018 Proposal 20

Proposed Amendment: Parks and recreation reservation

Waterways reservation Notice of Delegation (Site No) Bush Forever area addition

Oracle reference no: 2926 File number: 833/02/01/0072P V Version number: 3

819

913

820

BALDIVIS

K U L IJ A

R O A D

1387

914

A/|\ 22429

Proposal 21

915

South East and South West Districts Omnibus No. 3 Proposed Minor Amendment as advertised 3 May 2018 Proposal 21

Proposed Amendment: Parks and recreation reservation

Oracle reference no:2926 File number:833/02/01/0072P V Version number: 3

N 0 20 40 60 80 Date: 15/05/2018 Produced by Geospatial Research and Modelling, Department of Planning, Lands and Heritage, Perth WA metres Base information supplied by Western Australian Land Information Authority SLIP 944-2017-1 202 3 24

REILLY ROAD

4364 901

302

C/|\ 37934 Proposal 22 501 C/|\ 50825 106 2689

Y 103 A 4590 W H 500 G 104 I 105 102 86 H C/|\ 50826 WHITBY KEIRNAN STREET N C/|\ 50602 R 902 E T S E

W 4395 4591 50

H T 4589 C/|\ 7125 U

O S SU MUNDIJONG 4594

800 KARRAKUP

526 C/|\ 23012 SU 4396 4384

P N ROAD 22 RUDE 512 13 806 810 511 JARRAHDALE 9 804 8 811 12

W AT KIN S R 15 5 OA 61 226 D South East and South West Districts Omnibus No. 3 Proposed Minor Amendment as advertised 3 May 2018 Proposal 22

Proposed Amendment: SU Public purposes reservation - special uses

Oracle reference no: 2926 File number: 833/02/01/0072P V Version number: 3

N 0 150 300 450 600 Date: 15/05/2018 Produced by Geospatial Research and Modelling, Department of Planning, Lands and Heritage, Perth WA metres Base information supplied by Western Australian Land Information Authority SLIP 944-2017-1

Appendix A

Notice of environmental assessment I

Environmental Protection Authority Department of Planning, Lands and Heritage GOVERNMENT OF Received WESTERN AUSTRALIA Scanned 0 2 AUG 2018 Q Attachments ] Scan QA „ I I Doc No l O 6

Ms Sam Fagan Secretary Our Ref: CMS17191 Western Australian Planning Commission Enquiries: Stephen Pavey, 6364 7600 Email: Steve. Pavey@dwer. wa.gov.au Locked Bag 2506 PERTH WA 6001

Dear Ms Fagan,

DECISION UNDER SECTION 48A(1)(a) Environmental Protection Act 1986

SCHEME: Metropolitan Region Scheme Amendment 1343/57 South East and South West Districts Omnibus 3 LOCATION: Various locations in the South East and South West Districts of the Metropolitan Region Scheme, in the Cities of Armadale, Cockburn, Gosnells, Kwinana and Rockingham and the Shire of Serpentine-Jarrahdale. RESPONSIBLE AUTHORITY: Western Australian Planning Commission DECISION: Referral Examined, Preliminary Investigations and Inquiries Conducted. Scheme Amendment Not to be Assessed Under Part IV of EP Act. No Advice Given. (Not Appealable)

Thank you for referring the above scheme to the Environmental Protection Authority (EPA).

After consideration of the information provided by you, the EPA considers that the proposed scheme should not be assessed under Part IV Division 3 of the Environmental Protection Act 1986 (EP Act) and that it is not necessary to provide any advice or recommendations.

Level 8, The Atrium, 168 St Georges Terrace, Pert , Western Australia 6000 Telephone 08 6364 7600 Facsimile 08 6145 0895 Email [email protected]

Locked Bag 33, Cloisters Square WA 6850

www.epa.wa.gov.au Please note the following:

• For the purposes of Part IV of the EP Act, the scheme is defined as an assessed scheme. In relation to the implementation of the scheme, please note the requirements of Part IV Division 4 of the EP Act.

» There is no appeal right in respect of the EPA's decision to not assess the scheme.

Yours sincerely

Anthony Sutton Delegate of the Environmental Protection Authorit Executive Director EPA Services

30 July 2018

Appendix B

List of detail plans supporting the amendment South East and South West Districts Omnibus 3

Proposed Minor Amendment

Amendment 1343/57

as advertised

Amending Plan 1.7755 Detail Plans 1.6535, 1.6558, 1.6580, 1.6582, 1.6598

Amending Plan 1.7756 Detail Plans 1.6476, 1.6507, 1.6510, 1.6519, 1.6520, 1.6523, 1.6621

Amending Plan 1.7757 Detail Plans 1.6568, 1.6571, 1.6714

Amending Plan 1.7758 Detail Plans 1.6794, 1.6795, 1.6823, 1.6886, 1.6892

Amending Plan 1.7759 Detail Plans 1.6816, 1.6817, 1.6833, 1.6849, 1.6850

Amending Plan 1.7760 Detail Plans 1.6920, 1.6921, 1.6938, 1.6939, 1.6945, 1.6970, 1.6983, 1.7211

Appendix C

Your property and the planning system – region schemes Your property and the planning system – region schemes Rights to compensation in relation to reserved land

The Western Australian Planning Commission (WAPC) has statewide responsibility for planning how land in metropolitan and regional areas can be used and developed. It does this by reserving and zoning land for immediate and future development through region schemes and/or planning control areas.

Region schemes The same compensation and alternative purchase The WAPC administers three region schemes which rules apply as with a region scheme. However, if classify land into zones and reservations: compensation is paid and the PCA or reservation is reduced or removed in the future, the compensation • Metropolitan Region Scheme is repayable in whole or part upon the subsequent • Peel Region Scheme sale or subdivision of the property. • Greater Bunbury Region Scheme. What if your land is proposed Zones are large areas identified for purposes such to be reserved? as industry (industrial zone) and residential (urban zone). The WAPC approaches landowners on land proposed to be reserved and invites them to Reservations are required for public purposes comment through the amendment process. such as schools, railways, major roads, and parks and recreation. The Government will ultimately acquire reserved land, but as the reservations are strategic and long- How do you amend a region scheme? term requirements, the land can generally remain in Schemes can be amended as regions grow private ownership until it is needed for the public and change. This process begins with the local purpose. Several options are available to the owners government, landowner, State Government or of reserved land: WAPC making a request to amend a scheme. The • Retain ownership of your property and WAPC considers the request and can either refuse continue quiet enjoyment until it is needed for or approve the initiation of an amendment. the public purpose. You may complete any development or subdivision approved prior The amendment process is lengthy and in general, to the reservation taking effect. Under non- takes between 12 to 24 months to complete and conforming use rights, you may continue to includes extensive consultation with landowners and use the property for the purpose for which it the broader community. In some cases amendments was legally being used immediately before the are subject to assessment by the Environmental reservation came into effect. Protection Authority. Amendments can be classified Sell the property on the open market as Major or Minor, in accordance with Development • to Control Policy 1.9 – Amendment to Region Schemes. another person(s). The WAPC recognises that the reservation may make this difficult. Subject Planning Control Area to acquisition priorities and the availability of funds, the WAPC would be willing to consider In some instances, the WAPC will use a planning purchasing a reserved property if an owner is control area (PCA) to protect land required for unable to achieve a private sale on the open a particular purpose from development until it market. This does affect your right to otherwise may be reserved in one of the region schemes. A claim statutory compensation (outlined in the PCA acts in a similar manner as a region scheme compensation section below). but can be applied as a temporary measure to enable an amendment to be progressed. This also • Offer the property for sale to the WAPC. provides affected landowners with rights to claim Subject to acquisition priorities and the availability compensation while a decision is made to reserve of funds, the WAPC would be willing to consider land or not. A PCA is valid for up to five years. purchasing a reserved property. The WAPC purchases a property at its current market This means the WAPC is the decision-making value, ignoring the impact of the reservation and authority for any development applications on proposed public purpose. The WAPC obtains two land within a PCA. A person must not commence independent valuations to provide it with advice and carry out development within the PCA area on the value of the property. without the prior approval of the WAPC. There are penalties for failure to comply with this requirement. Am I entitled to claim compensation? • After you sell the property, you can make a claim If your land is reserved in a region scheme or for compensation for injurious affection through subject to a PCA and you are the owner of the the WAPC within six months of the property land when it was first reserved or the PCA being sold (registered at Landgate). was declared, you may be able to make a claim for • After the WAPC pays compensation, the WAPC compensation for injurious affection if: will lodge a notification on the Certificate of Title 1. Private Sale – you sell the property on the to identify that it has paid compensation, which is open market at a reduced price (due to the only payable once. effect of the reservation or PCA); • If the property does not sell within one year of or the board’s valuation, you may ask the board to 2. Refused development – the WAPC has either revalue the property. The sale process is then refused a development application over the repeated. property or approved it subject to conditions • Alternatively, you may wish to ask the WAPC to that are unacceptable to you. purchase the property, as you have been unable to sell it privately. The WAPC will purchase the What is injurious affection? property at its then fair market value (unaffected Injurious affection occurs when the value of a piece value). of land is affected by the application of a reservation 2. Refused development or restriction for a public purpose. If the WAPC refused your development application How do I claim compensation? or approved it subject to unacceptable conditions, you may make a claim for compensation for 1. Private sale injurious affection within six months of the If you wish to sell your property on the open WAPC’s decision. market at a reduced price (affected value), you will need to complete a Notice of Intention to Sell form, The WAPC will either pay compensation or may which is available online at www.planning.wa.gov.au. elect to purchase the property instead of paying The Department of Planning, Lands and Heritage compensation. If the WAPC elects to purchase the will establish the extent of the reservation and property, it obtains valuations for the fair market forward the notice to the Board of Valuers. value (unaffected value) as at the date of the election to purchase. The Board of Valuers will determine the value of the property as if there was no reservation or PCA What is compulsory acquisition? (unaffected value). You may wish to attend the If land is required for a reservation and has not board’s meeting to present any matters you believe been previously acquired or compensation has been are relevant to the value of your property. claimed, the Government may compulsorily acquire Following the board’s decision: the property. The WAPC will obtain independent valuations and make an offer of compensation, in • The board will advise you of the unaffected value accordance with the Land Administration Act 1997. of the property. • You pay the board’s valuation fee to the How can I view a region scheme? department and you will be advised of the • online at www.planning.wa.gov.au/regionscheme affected value of the property (as determined by • office of the WAPC and the the WAPC) – the minimum price for which you Department of Planning, Lands and Heritage can sell the property and receive the full amount Level 2, 140 William Street, Perth of compensation (the difference between the affected and unaffected values). The valuation fee • any local government office. is refundable upon the sale of the property and The WAPC operates in accordance with the the payment of compensation. Planning and Development Act 2005 and receives • You then arrange the sale of the property (either administrative support from the Department of privately or through an agent) – the sale price Planning, Lands and Heritage. must not be less than the affected value. You (and your agent) must inform prospective purchasers that you are selling the property at This information is correct as at February 2018. a reduced price and that you will be claiming compensation for injurious affection from the WAPC. You must also include a special condition in the offer and acceptance.

Appendix D

Preparing a submission Preparing a submission

The WAPC welcomes comment on proposed amendments to the MRS from interested individuals, groups and organisations.

What is a submission? A submission is a way to express your opinion and provide information. It is an opportunity to explain why the amendment should be supported, withdrawn or modified. Suggestions of alternative courses of action are also welcomed.

Making a submission is not the same as voting in an election. The number of submissions received for or against a proposal will not in itself determine the result. Rather, it is the reasoned argument of why a particular thing should or should not be done. Your submission will assist the WAPC in reviewing its planning proposal before proceeding. Advertised proposals are often modified in response to the public submission process.

What should I say?

Your comments should focus on the particular issues that arise from the proposed amendment. If there are a number of components in the amendment, please indicate exactly which ones you are addressing.

It is important that you state your point of view clearly and give reasons for your conclusions and recommendations. These may include an alternative approach or other ways for the WAPC to improve the amendment or make it more acceptable. Indicate the source of your information or argument where applicable.

If you prefer not to write your own comments, you may consider joining a group interested in making a submission on similar issues. Joint submissions can increase the pool of ideas and information.

Before lodging your submission

The WAPC prefers to receive submissions online at www.planning.wa.gov.au/public- comment, however, hardcopy submissions can also be accepted (form 57 – appendix E).

Please remember to complete all fields in the submission form including your name, contact details and whether you would like to attend a hearing. Pleased limit the number of attachments, where possible, ensuring they are directly relevant to the proposed amendment you are commenting on.

The closing date for submissions and how to lodge them is shown on form 57 and in the submissions on the amendment section of the amendment report.

Some amendments may be subject to an environmental review. Under these circumstances, the WAPC will forward a copy of any submission raising environmental issues to the EPA.

You should be aware that all submissions lodged with the WAPC are subject to regulations on disclosure and access, and your submission will become a public document.

Appendix E

Submission form for this amendment (form 57) Planning and Development Act 2005

Section 57 Amendment (Minor) Form 57

Submission Metropolitan Region Scheme Amendment 1343/57

South East and South West Districts Omnibus 3

OFFICE USE ONLY

SUBMISSION NUMBER To: Secretary Western Australian Planning Commission Locked Bag 2506 PERTH WA 6001 RLS/0769

Title (Mr, Mrs, Miss, Ms) …………………………. First Name ......

Surname ...... (PLEASE PRINT CLEARLY)

Address ...... Postcode ......

Contact phone number ...... Email address ......

Submissions may be published as part of the consultation process. Do you wish to have your name removed from your submission?  Yes  No

The following proposals are the subject of my submission:

......

Submission (Please attach additional pages if required. It is preferred that any additional information be loose rather than bound)

...... turn over to complete your submission (Submission continued. Please attach additional pages if required)

......

You should be aware that: • The WAPC is subject to the Freedom of Information Act 1992 and as such, submissions made to the WAPC may be subject to applications for access under the act. • In the course of the WAPC assessing submissions, or making its report on these submissions, copies of your submission or the substance of that submission, may be disclosed to third parties.

To be signed by person(s) making the submission

Signature ...... Date ......

Note: Submissions MUST be received by the advertised closing date, being close of business (5pm) on 23 November 2018. Late submissions will NOT be considered.

Contacts: Tel - (08) 6551 8002 Fax - (08) 6551 9001 Email - [email protected] Website - http://www.planning.wa.gov.au/public-comment