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MRS 1210/41 Stirling Highway Amendment Report

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MRS 1210/41 Stirling Highway Amendment Report March 2012 Metropolitan Region Scheme Amendment 1210/41 Rationalisation of Stirling Highway Reservation Amendment Report City of Fremantle, City of Nedlands, Town of Claremont, Town of Cottesloe, Town of Mosman Park and the Shire of Peppermint Grove Metropolitan Region Scheme Amendment 1210/41 Rationalisation of Stirling Highway Reservation Amendment Report City of Fremantle, City of Nedlands, Town of Claremont, Town of Cottesloe, Town of Mosman Park and the Shire of Peppermint Grove March 2012 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: http://www.wa.gov.au Published by the Western Australian Planning Commission, 140 William Street, Perth Western Australia 6000 MRS Amendment 1210/41 Amendment Report File 809-2-1-91 Pt. 1 Published March 2012 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. Contents The Metropolitan Region Scheme ..............................................................................v Abbreviations .............................................................................................................ix 1 Purpose ............................................................................................................ 1 2 Background....................................................................................................... 1 3 Scope and content of amendment.................................................................... 4 4 Discussion ........................................................................................................ 6 5 Aboriginal heritage............................................................................................ 7 6 Coordination of region and local scheme amendments.................................... 8 7 Substantiality .................................................................................................... 8 8 Sustainability appraisal..................................................................................... 8 9 Environmental Protection Authority advice ....................................................... 9 10 The amendment process ................................................................................ 10 11 Submissions on the amendment .................................................................... 10 12 Hearings ......................................................................................................... 11 13 Modifications to the amendment..................................................................... 12 14 Final outcome ................................................................................................. 12 Figure 1........................................................................................................... 15 Appendix A Concept Design Plans and Reports supporting the amendment Appendix B List of detail plans supporting the amendment Appendix C Your property and the Metropolitan Region Scheme Appendix D Notice of environmental assessment Appendix E Preparing a submission and for a hearing presentation Appendix F Submission form for this amendment (form 41) The Metropolitan Region Scheme What it is and how it is amended Planning Perth’s future To plan for changing needs, the MRS is amended frequently. Perth has a reputation as one of the world’s cleanest and greenest cities. This is largely What is an amendment? due to good planning. It is a city anticipated to grow. As it grows, change must be well An amendment to the MRS changes the planned and well managed. zoning or reservation of land to allow for a different land use. In 2001 Perth was home to nearly 1.4 million people. Each year its population is growing by When a rezoning or a new reservation is about 20 000 people. By 2031, Perth’s considered, an amendment to the MRS is population is projected to reach 2.2 million, advertised to seek comment from the wider making up 73 per cent of the population of community and all levels of government. Western Australia. The process allows for extensive community Provision must be made for future housing, consultation and discussion in Parliament employment opportunities and transport before a final decision is made. needs to meet this growth. It is also necessary to set aside land for conservation How is the Metropolitan Region and recreation. Scheme amended? The Metropolitan Region Scheme (MRS) The Western Australian Planning Commission provides for this change, and the means by (WAPC) is responsible for keeping the MRS which affected landowners can be under review and initiating changes where compensated for land acquired for regional they are seen to be necessary. public purposes. The amendment process is regulated by the Planning and Development Act 2005. The Act What is the Metropolitan Region requires an amendment to be consistent with Scheme? both the Swan River Trust Act 1988 and the The MRS is a large town planning scheme for Heritage of Western Australia Act 1990 and land use in the Perth metropolitan area. This does not allow for an amendment to occur area stretches from south of Rockingham to within the defined area of a redevelopment north of Yanchep and east of Mundaring. authority. The MRS defines the future use of land, The amendment proposed in this report is dividing it into broad zones and reservations. being made under the provisions of section 41 It requires local government local planning (often referred to as a major amendment). schemes to provide detailed plans for their part of the region. These schemes must be The process of a major amendment to the consistent with the MRS. MRS includes the following steps: The MRS uses a set of maps and a scheme Formulation of the amendment by the text. The scheme text provides planning rules WAPC. for zones and reservations, which are shown on the maps in different colours and patterns. Referral of the proposed amendment to the Environmental Protection Authority This plan has been in operation since 1963 (EPA) to set the level of environmental and provides the legal basis for planning in assessment. Where the EPA requires an the Perth region. environmental review, this is carried out before the amendment is advertised. v Consent by the Minister for Planning to The following diagram shows the main steps. call for submissions. WAPC resolves to amend the Advertising the amendment for public MRS and refer to the EPA inspection and inviting submissions. Advertisements are placed in local and statewide newspapers and information is EPA determines level of made available on the PlanningWA environmental assessment website. Landowners whose property is directly affected by a proposed change Environmental review are contacted in writing. Where there is an prepared if required environmental review, this is also made available for comment. WAPC submits to Minister for WAPC receiving public submissions over consent to advertise a period of three months. WAPC considering written submissions. Amendment advertised seeking People who have made submissions may, public comment if they wish, also make an oral presentation to a special committee appointed to consider and report on these WAPC considers submissions and makes recommendation submissions. WAPC reviewing the proposed Environmental conditions amendment in light of submissions. The incorporated if required amendment may be modified before proceeding. Approved by Governor Readvertising for further public submissions may be required by the Minister for Planning if the amendment is Considered by Parliament substantially modified as a result of submissions. Amendment takes effect Minister presenting the amendment with in the MRS WAPC recommendations to the Governor for approval. Placing of the amendment, as approved When the MRS is amended, local planning by the Governor, before each House of schemes must also be amended to match the State Parliament, where it must remain for broad zonings and reservations of the MRS. 12 sitting days. During this time, the Affected local governments provide more amendment is again on public display with detailed planning for each area. the WAPC’s report on submissions. Within three months of a MRS amendment In Parliament, a member may introduce a being finalised, an affected local government motion to disallow the amendment. If this must initiate an amendment to its local motion succeeds, the MRS will not be planning scheme. amended. Otherwise, the amendment becomes legally effective in the MRS. vi Zones and reservations Railways: provides for public transit routes, freight rail lines and associated facilities such Zones and reservations in the MRS are broad as marshalling yards, maintenance depots categories. They are not precisely defined or and park’n’ride stations. limited, but the following descriptions are a guide.
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