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Proposed Amendment No.188 to City of Swan Local Planning Scheme

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Proposed Amendment No.188 to City of Swan Local Planning Scheme Ordinary Meeting of Council 06 May 2020 3.1 PROPOSED AMENDMENT NO.188 TO CITY OF SWAN LOCAL PLANNING SCHEME NO.17 - TO REMOVE VARIOUS LAND IN SOUTH GUILDFORD, ASCOT AND REDCLIFFE FROM THE SCHEME IN RESPONSE TO CITY OF BELMONT LOCAL PLANNING SCHEME AMENDMENT NO.11 Ward: (No Wards) (Statutory Planning) Disclosure of Interest: Nil Authorised Officer: (Executive Manager Planning and Development) KEY ISSUES • In December 2017 'Local Government (Belmont and Swan - Change of Boundaries) Order 2017' came into effect, which transferred approximately 12ha of land in South Guildford, Ascot and Redcliffe from the City of Swan to the City of Belmont. • The City of Belmont is seeking comment on their advertised Amendment No.11 to its Local Planning Scheme No.15 which, amongst other matters, seeks to: o Update their scheme's boundaries to include all land that was transferred from City of Swan to City of Belmont as part of the above 2017 Order. o Provide City of Belmont's local zones to this land, where required. This will result in Lot 2 Apac Way, South Guildford and Lot 3 Great Eastern Highway, Redcliffe being entirely zoned 'Industrial' and Lot 301 Great Eastern Highway, Ascot being entirely zoned 'Mixed Use'. • Staff have no objection to the City of Belmont's proposal as this land is no longer within the City of Swan and the proposed zones are considered logical. • With City of Belmont updating its scheme, it is timely for the City of Swan to take steps to update its Scheme to omit this same land. This is the purpose of proposed Amendment No.188 to City of Swan Local Planning Scheme No.17 (LPS17). • Amending the City's scheme in this way is recommended as it is no longer necessary for the scheme to continue to apply to this land. • Council's adoption of Amendment No.188 as a 'basic amendment' will enable this to be processed as the administrative one-issue exercise that it is. It is recommended that the Council: 1. Adopt Scheme Amendment No.188 as a 'basic amendment' to remove various land transferred to the City of Belmont in accordance with 'Local Government (Belmont and Swan - Change of Boundaries) Order 2017', and; Ordinary Meeting of Council 06 May 2020 2. Make a submission advising the City of Belmont that it does not object to their proposed Amendment No.11 to Local Planning Scheme No.15 where it relates to land formerly within the City of Swan and has taken steps to coordinate its scheme through the adoption of Amendment No.188 to Local Planning Scheme No.17 as a ‘Basic Amendment’. AUTHORITY/DISCRETION The Council's resolution is sought because to comment on City of Belmont's advertised scheme amendment effectively requires us to consider amending our scheme. Section 75 of the Planning and Development Act 2005 allows a local government authority to amend its local planning scheme with the approval of the Minister for Planning. Regulation 35 of the Planning and Development (Local Planning Schemes) Regulations 2015 requires a resolution of a local government to adopt an amendment to a local planning scheme which must specify if the amendment is a ‘basic amendment’, ‘standard amendment’ or ‘complex amendment’. Its classification is specified in the staff recommendation and is discussed in the body of this report. BACKGROUND On 8 December 2017 the 'Local Government (Belmont and Swan - Change of Boundaries) Order 2017' came into effect, transferring approximately 12ha of land in South Guildford, Ascot and Redcliffe from the City of Swan to the City of Belmont. This decision was motivated to place three (3) privately owned properties entirely within one (1) local government district - the City of Belmont - instead of leaving them straddled across both the City of Swan and the City of Belmont districts. Those freehold properties are: • Lot 2 (No.5) Apac Way, South Guildford; • Lot 3 (No.555) Great Eastern Highway, Redcliffe, and; • Lot 301 (No.510) Great Eastern Highway, Ascot. Also transferred as part of this 2017 Order were the following state-owned reserves: • Lot 55 and Lot 310 Great Eastern Highway, South Guildford, which form part of the Swan River foreshore. This land is reserved 'Park and Recreation' in the Metropolitan Region Scheme (MRS). • Part of the Great Eastern Highway, its signalised intersection with the Great Eastern Highway Bypass and part of the Bypass east of this intersection. All this land is owned by Main Roads WA and is reserved 'Primary Regional Roads' in the MRS. Ordinary Meeting of Council 06 May 2020 This decision requires the City of Belmont to update their local planning scheme to effect this boundary change and provide the subject land zones under regulatory framework. This also requires the City of Swan to undertake the more administrative exercise of omitting this land from its local planning scheme. These changes can only be done through the initiation of local planning scheme amendment. It is recommended that both scheme amendment proposals be considered concurrently by the Council. This will facilitate the coordination of the schemes, omit duplications and enable City of Belmont to proceed with its intentions for land now within its jurisdiction. This is the subject of this report. REPORT Submission - City of Belmont's Proposed Scheme Amendment No.11 The City of Belmont has decided to incorporate the transferred land into its Local Planning Scheme No.15 as one of a number of proposals addressed within their broad- ranging Proposed Scheme Amendment No.11, which it is seeking public comment on. On the other proposals the City of Belmont seeks to address through its Amendment No.11 - Staff find that these are minor house-keeping matters that will not directly affect planning in the City of Swan. It is recommended that Council make no reference or comment on these other proposals in its submission. For the proposal that relates to land formerly within City of Swan - City of Belmont's Amendment No.11 will update their scheme boundaries to include all of this land and provide it compatible local zones where a local classification is required. This involves: • Applying their 'Industrial' zone to the northern portions of Lot 2 Apac Way, South Guildford and Lot 3 Great Eastern Highway, Redcliffe. These lands are shown as 'General Industrial' in our Local Planning Scheme No.17 (LPS17) with Additional Use No.14 (AU14) affording the right to apply for 'Club Premises' and 'Office' as discretionary ('D') uses. • Applying their 'Mixed Use' zone to the north-eastern portion of Lot 301 Great Eastern Highway, Ascot. This same land is shown as unzoned in LPS17. City staff recommend that Council make a submission offering no objections to this proposal for the following reasons: • This land is now outside the City of Swan and the planning regulation that should apply to this land should be those that are administered by the local government that they are situated within. This is what City of Belmont's Amendment No.11 will achieve, and so it is supported. • Parts of Lot 2 Apac Way, South Guildford and Lot 3 Great Eastern Highway, Redcliffe are already partially zoned 'Industrial' in City of Belmont's scheme. Likewise part of Lot 301 Great Eastern Highway is already zoned 'Mixed Use' in City of Belmont's scheme. What the City of Belmont is seeking to do is to extend their existing zones over the balance of these lands formerly within City of Swan. This is considered a logical outcome, compatible with City of Belmont's regulatory framework. Ordinary Meeting of Council 06 May 2020 It is also recommended that Council use its submission to identify what steps the City of Swan is taking to omit this land from its local planning scheme. This is addressed in the following headings and the staff recommendations. Opportunity to coordinate our respective local planning schemes In light of the City of Belmont taking steps to include this land within their planning regulations, it is timely and logical for the City of Swan to also take steps to remove this same land from its planning regulations. For this reason, it is recommended that Council progress an amendment to Local Planning Scheme No.17 (LPS17) and this is the purpose of Amendment No.188. Council's consideration is required because the only way to make these changes is through a local planning scheme amendment. Proposed Amendment No.188 to Local Planning Scheme No.17 Proposed Amendment No.188 is the administrative task to remove land that is no longer within the City of Swan's municipal boundaries and coordinate our scheme with what is proposed as part of City of Belmont's Scheme Amendment No.11. It is recommended that Amendment No.188 updates our scheme maps and text to: • Update the municipal boundaries shown on the scheme maps and special control area maps so that they match the common boundaries with City of Belmont. • Remove all lands no longer located in the City of Swan from the scheme maps and special control maps. This will remove the following lands: o Part of Lot 2 (No.5) Apac Way, South Guildford; o Part of Lot 3 (No.555) Great Eastern Highway, Redcliffe; o Part of Lot 301 (No.510) Great Eastern Highway, Ascot; o The regionally reserved Lot 55 and Lot 310 Great Eastern Highway, South Guildford where it is now located within the City of Belmont, and; o Those portions of Great Eastern Highway and Great Eastern Highway Bypass road reserves now located in the City of Belmont. Ordinary Meeting of Council 06 May 2020 • Delete any provisions in the scheme text that references land that will be omitted by this scheme amendment.
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