October 2011 Metropolitan Region Scheme Amendment 1203/41 Perth Waterfront Report on Submissions City of Perth Metropolitan Region Scheme Amendment 1203/41 Perth Waterfront Report on Submissions City of Perth October 2011 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. © State of Western Australia Internet: www.wa.gov.au Published by the Western Australian Planning Commission, 140 William Street, Perth WA 6000 Locked Bag 2506 Perth WA 6001 MRS Amendment 1203/41 Report on Submissions File 833-2-10-0008 Pt 1 Published October 2011 Internet: www.planning.wa.gov.au Email: [email protected] Phone: (08) 655 19000 Fax: (08) 655 19001 National Relay Service: 13 36 77 Infoline: 1800 626 477 This document is available in alternative formats on application to Communications Services. 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 41 of the Act), the WAPC considers all the submissions lodged, and publishes its 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. It sets 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. Contents 1 Introduction...............................................................................1 2 The proposed amendment .......................................................1 3 Call for submissions .................................................................2 4 Submissions .............................................................................2 5 Environmental Assessment Report ..........................................2 6 Hearings ...................................................................................3 7 Main issues raised in submissions ..........................................3 8 Modifications...........................................................................19 9 Responses and determinations..............................................19 10 Coordination of region and local scheme amendments ........19 11 Conclusion and recommendation ...........................................19 Schedule 1 Alphabetical listing of submissions Schedule 2 Summary of submissions and determinations Schedule 3 The amendment figure as advertised Schedule 4 The amendment figure as modified Schedule 5 Perth Waterfront masterplan Appendix 1 List of detail plans as advertised Appendix 2 List of detail plans as modified To be published under separate cover Submissions Transcript of Hearings Report on submissions Metropolitan Region Scheme Amendment 1203/41 PERTH WATERFRONT Report on Submissions 1 Introduction The Central Perth Planning Committee (CPPC), acting under delegated authority from the Western Australian Planning Commission (WAPC), resolved to proceed with this amendment to the Metropolitan Region Scheme (MRS) in accordance with the provisions of Section 41 of the Planning and Development Act 2005. 2 The proposed amendment The proposed amendment was described in the previously published Amendment Report, and is repeated below. The purpose of this amendment to the MRS is to reclassify the land, the subject of the Perth Waterfront project, from a range of infrastructure and recreation related reserves to a single public purpose special use reserve. The amendment affects approximately 19.75 hectares of land and waters in the MRS, including: 6.147 hectares of parks and recreation reservation; 8.454 hectares of waterways reservation; 2.278 hectares of primary regional roads reservation; and 2.866 hectares of other regional roads reservation. The amendment boundary has been determined to provide sufficient flexibility for the detailed planning and design of Perth Waterfront, which will define the ultimate extent of the proposed development. It is not the intention of this amendment to facilitate development of the entire amendment area. The advertised amendment proposed the following changes to the MRS: Demonstrate the strategic intent within the MRS to plan and develop Perth Waterfront project; Consolidate existing reservations into a single MRS reserve, enabling further works and detailed investigations to be carried out under the authority of the WAPC; Have immediate effect under the City of Perth City Planning Scheme 2 through concurrent rezoning, in accordance with section126(1) of the Planning and Development Act 2005; Continue the WAPC's role as the sole responsible authority for applications made within the reserved area, thereby eliminating dual decision making under the MRS and local planning scheme; and 1 Trigger referral to the Environmental Protection Authority (EPA) under the Planning and Development Act 2005, for a determination on the level of environmental assessment. This process will provide early clarity and certainty on the environmental factors requiring further investigation, design modifications or management. 3 Call for submissions The amendment was advertised for public submissions from 22 February 2011 to 27 May 2011, and was made available for public inspection during ordinary business hours at: i) Western Australian Planning Commission, 469 Wellington Street, Perth; ii) Cities of Perth, Fremantle and South Perth and the Town of Vincent; iii) The State Reference Library, Northbridge During the inspection period, notice of the amendment was published in The West Australian and The Sunday Times newspapers, and relevant local newspapers circulating in the locality of the amendment. 4 Submissions Fifty six submissions were received on the amendment during the public comment period. An alphabetic index of all of the persons and organisations lodging submissions is provided in schedule 1. Twenty six submissions supported the amendment subject to conditions, 20 submissions objected to the amendment and 10 submissions (mostly State Government agencies) contained neutral comments, non-objections or general comments on the amendment. A summary of the submissions and determinations is provided in schedule 2. 5 Environmental Assessment Report As part of the continuing liaison with the EPA, the CPPC considered it would be appropriate for the MRS amendment report to be accompanied by supporting information on the site’s environmental conditions. As such, the Perth Waterfront Environmental Assessment Report was advertised for public submissions concurrently with the proposed MRS amendment (22 February 2011 to 27 May 2011), and was made available for public inspection during ordinary business hours at: i) Western Australian Planning Commission, 469 Wellington Street, Perth; ii) Cities of Perth, Fremantle and South Perth and the Town of Vincent; iii) The State Reference Library, Northbridge 2 During the inspection period, advertising of the Perth Waterfront Environmental Assessment Report was published as part of the MRS notice in The West Australian and the Sunday Times newspapers, and relevant local newspapers circulating in the locality of the amendment. The outcomes of this public advertising process are the subject of a separate