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City of Vincent Town Planning Scheme No.2

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City of Vincent Town Planning Scheme No.2 CITY OF VINCENT TOWN PLANNNING SCHEME NO.2 CITY OF VINCENT TOWN PLANNING SCHEME NO.2 GAZETTE DATE: 1 - CITY OF VINCENT TOWN PLANNNING SCHEME NO.2 PREAMBLE This Town Planning Scheme of the City of Vincent consists of this Scheme Text and the Scheme Maps. The Scheme Text should be read in conjunction with the Local Planning Strategy for the City. Part 2 of the Scheme Text sets out the Local Planning Framework. At the core of this Framework is the Local Planning Strategy which sets out the long-term planning directions for the local government, applies State and regional planning policies and provides the rationale for the zones and other provisions of the Scheme. In addition to the Local Planning Strategy, the Framework provides for Local Planning Policies which set out the general policies of the local government on matters within the Scheme. The Scheme divides the local government district into zones to identify areas for particular uses and identifies land reserved for public purposes. Most importantly, the Scheme controls the types of uses and development allowed in different zones. There are particular controls included for heritage and special control areas. The Scheme Text also sets out the requirements for planning approval, enforcement of the Scheme provisions and non-conforming uses. SCHEME DETAILS The City of Vincent Town Planning Scheme No.2 The City of Vincent under the powers conferred by the Planning and Development Act 2005 makes the following Town Planning Scheme. 2 - CITY OF VINCENT TOWN PLANNNING SCHEME NO.2 CONTENTS PAGE PREAMBLE ...................................................................................................................... 2 SCHEME DETAILS ......................................................................................................... 2 PART 1 - PRELIMINARY .............................................................................................. 6 1.1 CITATION ........................................................................................................ 6 1.2 RESPONSIBLE AUTHORITY ....................................................................... 6 1.3 SCHEME AREA ............................................................................................... 6 1.4 CONTENTS OF THE SCHEME .................................................................... 6 1.5 PURPOSE OF THE SCHEME ....................................................................... 7 1.6 THE AIMS OF THE SCHEME ...................................................................... 7 1.7 DEFINITIONS .................................................................................................. 9 1.8 RELATIONSHIP WITH LOCAL LAWS ..................................................... 9 1.9 RELATIONSHIP WITH OTHER SCHEMES ........................................... 10 1.10 RELATIONSHIP WITH THE METROPOLITAN REGION SCHEME 10 PART 2 – LOCAL PLANNING POLICY FRAMEWORK ....................................... 11 2.1 SCHEME DETERMINATIONS TO CONFORM WITH LOCAL PLANNING STRATEGY .............................................................................. 11 2.2. LOCAL PLANNING POLICIES .................................................................. 11 2.3. RELATIONSHIP OF LOCAL PLANNING POLICIES TO SCHEME... 11 2.4 PROCEDURE FOR MAKING OR AMENDING A LOCAL PLANNING POLICY 11………………………………………………………………….. 11 2.5 REVOCATION OF LOCAL PLANNING POLICY .................................. 12 PART 3 – RESERVES.................................................................................................... 14 3.1 RESERVES ..................................................................................................... 14 3.2 REGIONAL RESERVES ............................................................................... 14 3.3 LOCAL RESERVES ...................................................................................... 14 3.4 USE AND DEVELOPMENT OF LOCAL RESERVES ............................. 14 PART 4 – ZONES AND THE USE OF LAND ............................................................ 16 4.1 ZONES 16 4.2 OBJECTIVES OF THE ZONES ................................................................... 16 4.3 ZONING TABLE ............................................................................................ 19 4.4 INTERPRETATION OF THE ZONING TABLE ...................................... 24 4.5 'IP' USES .. ....................................................................................................... 24 4.6 MULTIPLE DWELLING LAND USES .................................................... 253 4.7 ADDITIONAL USES.................................................................................... 253 4.8 RESTRICTED USES...................................................................................... 25 4.9 SPECIAL USE ZONES ................................................................................. 25 4.10 NON-CONFORMING USE ........................................................................... 24 4.11 EXTENSIONS AND CHANGES TO A NON-CONFORMING US .......... 24 4.12 DISCOUNTINUANCE OF A NON-CONFORMING USE ........................ 26 3 - CITY OF VINCENT TOWN PLANNNING SCHEME NO.2 4.13 TERMINATION OF A NON-CONFORMING USE .................................. 27 4.14 DESTRUCTION OF NON-CONFORMING USE BUILDINGS………... 27 4.15 REGISTER OF NON-CONFORMING USES ............................................ 27 PART 5 – GENERAL DEVELOPMENT REQUIREMENTS ................................... 29 5.1 COMPLIANCE WITH DEVELOPMENT STANDARDS AND REQUIREMENTS .......................................................................................... 29 5.2 RESIDENTIAL PLANNING DESIGN CODES ......................................... 29 5.3 SPECIAL APPLICATION OF RESDENTIAL PLANNING DESIGN CODES ......................................................................................................... 29 5.4 RESTRICTIVE COVENANTS ..................................................................... 32 5.5 VARIATIONS TO SITE AND DEVELOPMENT STANDARDS AND REQUIREMENTS .......................................................................................... 32 5.6 ENVIRONMENTAL CONDITIONS ........................................................... 36 5.7 CONSERVATION OF TREES ..................................................................... 36 PART 6 – SPECIAL CONTROL AREAS......................... Error! Bookmark not defined. 6A DEVELOPMENT (STRUCTURE PLAN) AREAS .................................... 35 6B DESIGN GUIDELINES .................. ERROR! BOOKMARK NOT DEFINED. 6B.1 PREPARATION OF DESIGN GUIDELINES……………………………. 35 6C DEVELOPMENT CONTRIBUTION AREAS ERROR! BOOKMARK NOT DEFINED. 6C.1 PREPARATION OF DEVELOPMENT CONTRIBUTION AREAS ............. 37 PART 7 – HERITAGE PROTECTION ....................................................................... 71 7.1 HERITAGE LIST ........................................................................................... 71 7.2 DESIGNATION OF A HERITAGE AREA ................................................. 72 7.3 HERITAGE AGREEMENTS........................................................................ 74 7.4 HERITAGE ASSESSMENT ......................................................................... 74 7.5 VARIATIONS TO SCHEME PROVISIONS FOR A HERITAGE PLACE OR HERITAGE AREA .................................................................................. 74 PART 8 – DEVELOPMENT OF LAND ...................................................................... 75 8.1 REQUIREMENT FOR APPROVAL TO COMMENCE DEVELOPMENT ........................................................................................... 75 8.2 PERMITTED DEVELOPMENT .................................................................. 75 8.3 AMENDING OR REVOKING A PLANNING APPROVAL .................... 80 8.4 UNAUTHORISED EXISTING DEVELOPMENTS ................................... 80 PART 9 – APPLICATIONS FOR PLANNING APPROVAL ................................... 81 9.1 FORM OF APPLICATION ........................................................................... 81 9.2 ACCOMPANYING MATERIAL ................................................................. 82 9.3 ADDITIONAL MATERIAL FOR HERITAGE MATTERS ..................... 83 9.4 ADVERTISING OF APPLICATIONS ........................................................ 84 9.5 DESIGN ADVISORY COMMITTEE .......................................................... 85 4 - CITY OF VINCENT TOWN PLANNNING SCHEME NO.2 PART 10 – PROCEDURE FOR DEALING WITH APPLICATIONS ..................... 86 10.1 CONSULTATION WITH OTHER AUTHORITIES ................................. 86 10.2 MATTERS TO BE CONSIDERED BY LOCAL GOVERNMENT .......... 86 10.3 DETERMINATION OF APPLICATIONS .................................................. 88 10.4 FORM AND DATE OF DETERMINATION .............................................. 89 10.5 TERM OF PLANNING APPROVAL .......................................................... 89 10.6 TEMPORARY PLANNING APPROVAL ................................................... 90 10.7 SCOPE OF PLANNING APPROVAL ......................................................... 90 10.8 APPROVAL SUBJECT TO LATER APPROVAL OF DETAILS ........... 90 10.9 DEEMED REFUSAL ..................................................................................... 91 10.10 APPEALS ........................................................................................................ 91 PART 11 – ENFORCEMENT AND ADMINISTRATION ........................................ 92 11.1
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