Amendment Region Scheme Cover Template
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Western Australian Al Planning Commission January 2011 Metropolitan Region Scheme Amendment 1161/41 Parks and Recreation Reservations for Public Lands Report on Submissions Cities of Armada le, Bayswater, Belmont, Canning, Cockburn, Fremantle, Gosnells, Joondalup, Rockingham, Stirling, Subiaco, Swan and Wanneroo, Towns of Bassendean and Kwinana and Shires of Kalamunda, Mundaring and Serpentine-Jarrandale GOVERNMENT OF WESTERN AUSTRALIA Metropolitan Region Scheme Amendment 1161/41 Parks and Recreation Reservations for Public Lands Report on Submissions Cities of Armada le, Bayswater, Belmont, Canning, Cockburn, Fremantle, Gosnells, Joondalup, Rockingham, Stirling, Subiaco, Swan and Wanneroo, Towns of Bassendean and Kwinana and Shires of Kalamunda, Mundaring and Serpentine-Jarrandale iWestern Australian 1 Planning GOVERNMENT OF WESTERN AUSTRALIA Commission January 2011 © State of Western Australia Internet: http://www.wa.gov.au Published by the Western Australian Planning Commission, Albert Facey House, 469 Wellington Street, Perth Western Australia 6000 MRS Amendment 1161/41 Report on Submissions File 809-2-1-74 Pt 1 Published January 2011 ISBN 0 7309 9681 6 Internet: http://www.planning.wa.gov.au e-mail: corporate @planning.wa.gov.au Phone: (08) 9264 7777 Fax: (08)92647566 TTY: (08)92647535 Copies of this document are available in alternative formats on application to the disability services co-ordinator. Introduction to Metropolitan Region Scheme major amendments The Western Australian Planning Commission (WAPC) is responsible for keeping the Metropolitan Region Scheme (MRS) under review and initiating changes where they are seen as necessary. The MRS sets out the broad pattern of land use for the whole Perth metropolitan region. The MRS is constantly under review to best reflect regional planning and development needs. A proposal to change land use reservations and zones in the MRS is regulated by the Planning and Development Act 2005. That legislation provides for public submissions to be made on proposed amendments. For a substantial amendment, often referred to as a major amendment (made under section 41of the Act), the WAPC considers allthe submissions lodged, and publishesits recommendations in a report on submissions. This report is presented to the Minister for Planning and to the Governor for approval. Both Houses of Parliament must then scrutinise the amendment before it can take legal effect. In the process of making a substantial amendment to the MRS, information is published as a public record under the following titles: Amendment report This document is available from the start of the public advertising period of the proposed amendment.Itsets out the purpose and scope of the proposal, explains why the amendment is considered necessary, and informs people how they can comment through the submission process. Environmental review report The Environmental Protection Authority must consider the environmental impact of an amendment to the MRS before it can be advertised. Should it require formal assessment, an environmental review is undertaken and made available for information and comment at the same time as the amendment report. Report on submissions The planning rationale, determination of submissions and the recommendations of the WAPC for final approval of the amendment, with or without modification, is documented in this report. Submissions This document contains a reproduction of all written submissions received by the WAPC on the proposed amendment. Transcript of hearings A person who has made a written submission may also choose to appear before a hearings committee to express their views. The hearings proceedings are recorded and transcribed, and the transcripts of all hearings are reproduced in this volume. Report on submissions Contents 1 Introduction 1 2 The proposed amendment 1 3 Environmental Protection Authority advice 2 4 Public submissions 2 5 Submissions and hearings 2 6 Main issues raised in submissions 3 7 Other matters comment 13 8 Responses and determinations 13 9 Coordination of region and local planning schemes 13 10 Conclusion and recommendation 14 Schedule 1 Alphabetical listing of submissions Schedule 2 Summary of submissions and determinations Schedule 3 The amendment figures as modified Appendix 1 List of detail plans as advertised Appendix 2 List if detail plans as modified Published under separate covers Submissions Transcript of Hearings Metropolitan Region Scheme Amendment 1161/41 Parks and Recreation Reservations for Public Lands Report On Submissions 1 Introduction At its meeting on 8 July 2009 the Western Australian Planning Commission (WAPC) resolved to proceed with Amendment 1161/41 to the Metropolitan Region Scheme (MRS) in accordance with Section 41 of the Planning and Development Act 2005. The amendments seek to update zones and reservations in the MRS in relation to public lands to ensure that reservations match cadastral boundaries and to ensure that the MRS is kept up to date as the statutory regional plan for Perth. The main purpose of the proposed amendments is to include within the parks and recreation reservation of the MRS various pieces of publicly owned land to reflect their regional significance. Additionally, some properties are proposed to be rezoned to better reflect their current use and purpose within the MRS. 2 The proposed amendment The proposals are described in the WAPC's amendment report published in September 2009. The amendment as advertised for public submissions comprised a total of 155 proposals across 18 local government authority areas. The more significant proposals in the amendment are: The inclusion of approximately 18 352 hectares of land in the parks and recreation reservation (115 proposals). Thirty five of these proposals include additions to the protection of Bush Forever and 41 involve additions to foreshore reserves of the Swan/Canning river systems, including the Helena and Southern Rivers and the Jane and Ellen Brooks. Some 14 409 hectares of the total area proposed for the parks and recreation reservation are former areas of state forest to be managed as national parks by the Department of Environment and Conservation on behalf of the Conservation Commission of Western Australia. Approximately 1160 hectares of land in the rural zone on the western boundary of Whiteman Park is proposed for inclusion in the parks and recreation reservation and Whiteman Park, which already manages the subject land. This land was included in a previous proposed omnibus amendment (1027/33) that was disallowed for other reasons, notably in relation to the proposed rezoning of the 'Marshall Road' lands. Significant areas of the parks and recreation reservation proposals (other than those associated with the national parks) involve land purchased by the WAPC to enhance regional open space, such as the western cell of the original Brigadoon special rural estate. The WAPC purchased this land because of its identified landscape amenity values. Many of the remaining parks and recreation proposals involve properties that were purchased at the request of the landowners and their acquisition facilitated better long term management arrangements as part of larger areas of region open space. 1 3 Environmental Protection Authority advice The proposals were referred to the Environmental Protection Authority (EPA) who has advised that the proposed amendment should not be assessed under Part IV Division 3 of the Environmental Protection Act 1986. The EPA provided advice on environmental issues in relation to Proposal 1in the Shire of Serpentine-Jarrandale. A copy of the notice from the EPA is included at appendix A of the WAPC amendment report. 4 Public submissions The proposed amendment was published in the government gazette and was open for public submissions from 6 October 2009 until 29 January 2010, a period of nearly four months. The proposed amendment was made available for public inspection at the head offices of the WAPC, the State Reference Library and the municipal offices of each of the 18 local government authority areas affected by the amendment. During the public comment period, notice of the amendment was published in The West Australian, The Sunday Times and in 17 different community newspapers covering each of the 18 municipal areas between October 2009 to January 2010. Allof the owners/managers of the subject lands were provided with a copy of the amendment report and advised of the opportunity and procedure for making a submission. 5 Submissions and hearings A total of 40 submissions were received, 37 by the closing date and three after that date. Fifteen submissions supported or partly supported the proposals, 14 objected to some proposals and 11 had no objection, no comment or made comment on some proposals. An index of all organisations and persons who made submissions is attached at schedule 1 and a summary of the submissions is attached at schedule 2. A full copy of the submissions is contained in a separate publication. Section 46 of the Planning and Development Act 2005 provides that each person who makes a submission is to be offered the opportunity of being heard by a Committee formed by the WAPC for that purpose. Following preliminary consideration of the matters raised in the submissions, the Chairman of the Western Australian Planning Commission endorsed the constitution of the hearings committee on 10 May 2010. The hearings committee comprised: Cr Corinne McRae, Chair Dr Bruce Hamilton Cr Henry Zelones Six organisations or individuals