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<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)34 UNAUTHORISED EXISTING DEVELOPMENTS .................................................................... 2435 FORM OF APPLICATION FOR PLANNING APPROVAL ....................................................... 2536 DESIGN ADVISORY COMMITTEE ......................................................................................... 2537 ADVERTISING OF APPLICATIONS FOR PLANNING APPROVAL ....................................... 2538 DETERMINATION OF APPLICATIONS FOR PLANNING APPROVAL - GENERALPROVISIONS ..................................................................................................................................... 2639 DETERMINATION OF NON-COMPLYING APPLICATIONS FOR PLANNING APPROVAL .. 2740 DETERMINATION OF AN APPLICATION FOR DEMOLITION .............................................. 2841 NOTICE OF COUNCIL DECISION .......................................................................................... 2942 TERM OF PLANNING APPROVAL ......................................................................................... 2943 TEMPORARY PLANNING APPROVAL .................................................................................. 3044 DEEMED REFUSAL ................................................................................................................ 3045 APPROVAL SUBJECT TO LATER PLANNING APPROVAL OF DETAILS ............................ 3046 REVOCATION OF PLANNING APPROVAL FOR HOME OCCUPATIONS ........................... 3147 APPEALS ................................................................................................................................ 31PART 5 - MISCELLANEOUS ............................................................................................. 3248 PLANNING POLICIES ............................................................................................................. 3249 AGREEMENTS AND DEALINGS WITH LAND ....................................................................... 3350 DELEGATION .......................................................................................................................... 3351 COMPENSATION .................................................................................................................... 3352 ELECTION TO PURCHASE AND VALUATION ...................................................................... 34PART 6 - ENFORCEMENT ................................................................................................. 3553 NOTICES ................................................................................................................................. 3554 AUTHORISED ENTRY ............................................................................................................ 3555 OFFENCES ............................................................................................................................. 35PART 7 – SPECIAL CONTROL AREAS ............................................................................ 3756 SPECIAL CONTROL AREAS .................................................................................................. 37SCHEDULE 1 - DEFINITIONS ............................................................................................ 41SCHEDULE 2 - ADDITIONAL USES .................................................................................. 52SCHEDULE 3 - SPECIAL USE ZONES ............................................................................. 56........................................................................................................................................... 57SCHEDULE 4 - APPLICATION FOR PLANNING APPROVAL .......................................... 57SCHEDULE 5 - NOTICE OF PUBLIC ADVERTISEMENT OF APPLICATION FORPLANNING APPROVAL .................................................................................................... 58SCHEDULE 6 - NOTICE OF PLANNING APPROVAL / REFUSAL ................................... 59SCHEDULE 7 - PROVISIONS FOR OUTLINE DEVELOPMENT PLANS .......................... 61Contents 5


PART 1 – INTRODUCTORY<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)1 CITATIONThis <strong>Town</strong> Planning Scheme may be cited as the <strong>Town</strong> <strong>of</strong> <strong>Cambridge</strong> <strong>Town</strong> PlanningScheme No. 1 and shall come into operation on the publication <strong>of</strong> the Scheme in theGovernment Gazette.2 RESPONSIBLE AUTHORITY<strong>The</strong> authority responsible for implementing this Scheme is the Council <strong>of</strong> the <strong>Town</strong> <strong>of</strong><strong>Cambridge</strong>.3 SCHEME AREAThis Scheme applies to the Scheme Area which covers all the municipal district <strong>of</strong> the<strong>Town</strong> <strong>of</strong> <strong>Cambridge</strong>.4 SCHEME DOCUMENTSThis Scheme comprises the following documents:-(a)(b)the Scheme Text; andthe Scheme Map.5 OBJECTIVES AND INTENTIONS(1) <strong>The</strong> Council has prepared this Scheme for the purpose <strong>of</strong> controlling and guidingdevelopment and growth in a responsible manner and which can initiate,accommodate and respond to change.(2) <strong>The</strong> overall goal <strong>of</strong> this Scheme is to ensure that the <strong>Town</strong> <strong>of</strong> <strong>Cambridge</strong> will bewidely recognised as providing a high level <strong>of</strong> services and amenities in a friendlyand accountable manner.(3) <strong>The</strong> general objectives <strong>of</strong> this Scheme are:-(a)(b)to cater for the diversity <strong>of</strong> demands, interests and lifestyles by facilitatingand encouraging the provision <strong>of</strong> a wide range <strong>of</strong> choices in housing,business, employment, education, leisure, transport and accessopportunities;to protect and enhance the health, safety and general welfare <strong>of</strong> the <strong>Town</strong>'sinhabitants and the social, physical and cultural environment;Part 1 - Introductory 6


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)(c)to ensure that the use and development <strong>of</strong> land is managed in an effectiveand efficient manner within a flexible framework which:-(i)(ii)recognises the individual character and needs <strong>of</strong> localities within theScheme Area; andcan respond readily to change;(d)(e)(f)(g)to ensure <strong>planning</strong> at a local level is consistent with the MetropolitanRegion Scheme and wider regional <strong>planning</strong> strategies and objectives;to promote the development <strong>of</strong> a sense <strong>of</strong> local community and recognisethe right <strong>of</strong> the community to participate in the evolution <strong>of</strong> localities;to promote and safeguard the eco<strong>no</strong>mic well-being and functions <strong>of</strong> the<strong>Town</strong>;to co-ordinate and ensure that development is carried out in an efficient andenvironmentally responsible manner which:-(i)(ii)(iii)makes optimum use <strong>of</strong> the <strong>Town</strong>'s growing infrastructure andresources;promotes an energy efficient environment; andrespects the natural environment; and(h)to promote and safeguard the cultural heritage <strong>of</strong> the <strong>Town</strong> by:-(i)(ii)identifying, conserving and enhancing those places which are <strong>of</strong>significance to the <strong>Town</strong>‟s cultural heritage; andencouraging development that is in harmony with the cultural heritagevalue <strong>of</strong> an area.6 RELATIONSHIP WITH OTHER LAWS(1) <strong>The</strong> Scheme is complementary to, and <strong>no</strong>t a substitute for, the MetropolitanRegion Scheme, and the provisions <strong>of</strong> the Metropolitan Region Scheme, asamended, continue to have effect. <strong>The</strong> authority responsible for implementingthe Metropolitan Region Scheme is the <strong>Western</strong> Australian PlanningCommission.(2) Where a provision <strong>of</strong> this Scheme is inconsistent with a provision <strong>of</strong> a local law,the provision <strong>of</strong> this Scheme prevails.7 REPEALS<strong>The</strong> following written laws are repealed:-Part 1 - Introductory 7


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)NameDate <strong>of</strong> Publication in theGovernment Gazette<strong>Town</strong> <strong>of</strong> <strong>Cambridge</strong> <strong>Town</strong> Planning Scheme 20 December 1985Zoning By-law No.64 10 October 19618 DEFINITIONS(1) In this Scheme, unless the context otherwise requires, the words and expressionsused have the meanings set out in Schedule 1.(2) In this Scheme, unless the contrary intention appears, a reference to:-(a)(b)(c)land, includes part <strong>of</strong> the land;premises, includes part <strong>of</strong> the premises; anda building, includes part <strong>of</strong> the building.(3) Where a word or term is defined in the Residential Design Codes then,<strong>no</strong>twithstanding anything else in this Scheme, that word or term when used inrespect <strong>of</strong> residential development has the meaning given to it in the ResidentialDesign Codes.(4) A word or term used in this Scheme, but <strong>no</strong>t defined in this Scheme or in theResidential Design Codes, is to have its <strong>no</strong>rmal and common meaning.Part 1 - Introductory 8


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)PART 2 – LAND USE9 RESERVES AND ZONES(1) <strong>The</strong> land within the Scheme Area is classified as either:–(a)(b)(c)a Metropolitan Region Scheme Reserve; ora <strong>Town</strong> <strong>of</strong> <strong>Cambridge</strong> Scheme Reserve; orone <strong>of</strong> the following Zones:(i)(ii)(iii)(iv)(v)(vi)Residential;Residential/commercial,Local centre;District centre;Commercial;Medical;(vii) Special Use; and(viii) Development.(2) <strong>The</strong> classification <strong>of</strong> land within the Scheme Area is shown on the Scheme Map.(3) Land shown as a "Metropolitan Region Scheme Reserve" on the Scheme Map:-(a)(b)(c)(d)is land reserved under the Metropolitan Region Scheme;is shown to comply with the Metropolitan Region <strong>Town</strong> Planning SchemeAct 1959;is <strong>no</strong>t reserved by this Scheme; andcontinues to be subject to the Metropolitan Region Scheme.10 USE OF A TOWN OF CAMBRIDGE SCHEME RESERVEA <strong>Town</strong> <strong>of</strong> <strong>Cambridge</strong> Scheme Reserve may be used for:–(a)a use which gives effect to the purpose for which the land is reserved under thisScheme; andPart 2 - Land use 9


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)(b)where the land is vested in a public authority, a Commonwealth agency or in theCouncil, a use which gives effect to any purpose for which the land may lawfullybe used.11 USE OF LAND IN A ZONE(1) <strong>The</strong> Zoning Table indicates, subject to the provisions <strong>of</strong> the Scheme, the usespermitted in the Scheme Area in the various Zones. <strong>The</strong> permissibility <strong>of</strong> any use isdetermined by cross reference between the list <strong>of</strong> uses in the Use Class column onthe left hand side <strong>of</strong> the Zoning Table and the list <strong>of</strong> Zoning at the top <strong>of</strong> the ZoningTable.(2) <strong>The</strong> symbols used in the cross reference in the Zoning Table have the followingmeanings:-'P'means that the use is permitted by the Scheme;'AA' means that the use is <strong>no</strong>t permitted unless the Council has granted <strong>planning</strong>approval;'SA' means that the use is <strong>no</strong>t permitted unless the Council has granted <strong>planning</strong>approval after giving <strong>no</strong>tice in accordance with clause 37;'IP''X'means a use that is <strong>no</strong>t permitted unless such use is incidental to thepredominant use as decided and approved by Council; andmeans a use that is <strong>no</strong>t permitted by the Scheme.(3) Where more than one symbol is used in the cross reference in the Zoning Table, thepermissibility <strong>of</strong> that use may be determined by reference to the numerical figureshown in brackets following the symbols. An explanation <strong>of</strong> the meaning <strong>of</strong> thenumerical figures is shown below the Zoning Table.(4) Where in the Zoning Table a particular use is mentioned it is deemed to beexcluded from any other Use Class which by its more general meaning mightotherwise include such particular use.(5) If use <strong>of</strong> the land for a particular purpose is <strong>no</strong>t specifically mentioned in theZoning Table and can<strong>no</strong>t reasonably be determined as falling within theinterpretation <strong>of</strong> one <strong>of</strong> the Use Class categories the Council may:-(a)(b)(c)determine that the use is consistent with the objectives and purposes <strong>of</strong> theparticular zone and is therefore permitted; ordetermine that the proposed use may be consistent with the objectives andpurpose <strong>of</strong> the zone and thereafter follow the “SA” procedures <strong>of</strong> clause 37in considering an application for <strong>planning</strong> approval; ordetermine that the use is <strong>no</strong>t consistent with the objectives and purpose <strong>of</strong>the particular zone and is therefore <strong>no</strong>t permitted.Part 2 - Land Use 10


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)Use ClassZonesResidentialResidential/CommercialLocalCentreDistrictCentreCommercial Medical DevelopmentOpen air display X X AA AA AA X SAPetrol and convenience X X SA SA SA X XstorePrivate hotel X X SA SA SA X XPrivate recreation X X AA AA AA X SAPublic parking station X X AA AA AA X SAPublic recreation AA AA AA AA AA AA SAPublic utilities AA AA AA AA AA AA SAPublic worship SA SA SA AA AA AA SAReception centre X X SA SA SA X XResidential building AA AA AA AA AA AA SARestaurant X X AA AA AA X SARestricted premises X X SA SA SA X XRetirement village AA AA AA AA AA AA SAServiced apartments X/AA (6) SA AA AA AA AA SAService station X X SA SA SA X XShop X X AA AA AA X SAShowroom X X/AA (7) X AA AA X SATake away food outlet X X AA AA AA X SATake away food outlet X X SA SA SA X X(drive through)Tavern X X SA SA SA X XTelecommunications X X AA AA AA X SAinfrastructureVeterinary clinic X AA AA AA AA AA SAVeterinary hospital X X X X SA X SAWarehouse X X/AA (7) IP IP AA X SAAll other uses defined inthe Scheme but <strong>no</strong>t listedaboveX X X X X X X(1) “P” where exempt from the requirement to obtain <strong>planning</strong> approval under clause 33 – “X” in allother cases;(2) “P” where exempt from the requirement to obtain <strong>planning</strong> approval under clause 33 – “AA” in allother cases;(3) “X” within Precinct P5 (West Leederville) - “AA” within Precinct P4 (Wembley);(4) “X” within Precinct P5 (West Leederville) - “IP” within Precinct P4 (Wembley);(5) Deleted as part <strong>of</strong> Amendment No. 8;(6) “X” within Residential R12.5, R15, R20 and R30 Zones – “AA” within R40, R40/60 and R60 Zones;(7) “X” within Precinct P5 (West Leederville) - “AA” within Precinct P4 (Wembley) where vehicularaccess is <strong>no</strong>t provided from Herdsman Parade; and(8) “AA” within Residential R15, R20, R30, R40, R40/60 Zones - “X” within a Residential R12.5 Zone.(9) “AA” within Residential R40, R40/60, R160 Zones – “X” within Residential R12.5, R15, R20, R30Zones.Part 2 - Land Use 12


13 ADDITIONAL USES<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)Notwithstanding anything contained within the Zoning Table, the land specified inSchedule 2 may, subject to compliance with any condition specified in the Schedulewith respect to the land, be used for the purpose set against the land. <strong>The</strong> use sospecified is in addition to the other uses permitted in the Zone in which the land issituated unless any <strong>of</strong> those uses are excluded or modified by a condition specified inthat Schedule.14 SPECIAL USE ZONESSpecial Use Zones are set out in Schedule 3 and are in addition to the zones in theZoning Table. No persons shall use any land or structure or buildings thereon, in aSpecial Use Zone except for the purpose set out against that land in Schedule 3 andsubject to the conditions set out in Schedule 3 with respect to that land.15 NON-CONFORMING USES(1) Nothing in this Scheme is to prevent:-(a)(b)the continued use <strong>of</strong> any land or building for a <strong>no</strong>n-conforming use; orthe carrying out <strong>of</strong> any development for which <strong>planning</strong> approval if thenrequired was obtained before the Gazettal date.(2) A <strong>no</strong>n-conforming use shall <strong>no</strong>t be extended beyond the boundaries <strong>of</strong> the lot orlots on which the <strong>no</strong>n-conforming use was in fact being carried on at the Gazettaldate.(3) Where a <strong>no</strong>n-conforming use exists, <strong>no</strong> further development <strong>of</strong> the relevant landor building is to be carried out without <strong>planning</strong> approval.(4) Subject to sub-clause 6, the Council may refuse or approve an application for<strong>planning</strong> approval to further develop the land and/or erect, alter or extend abuilding in connection with or in furtherance <strong>of</strong> a <strong>no</strong>n-conforming use.(5) Subject to sub-clause 6 in any Zone a person shall <strong>no</strong>t further develop the landand/or erect, alter or extend a building in connection with or in furtherance <strong>of</strong> a<strong>no</strong>n-conforming use otherwise than in conformity with the requirements <strong>of</strong> theScheme Text, Council Planning Policies and the Residential Design Codes.(6) Nothing in this clause shall prevent the Council from refusing to approve <strong>of</strong> furtherdevelopment <strong>of</strong> land and/or the erection, alteration or extension <strong>of</strong> a building inconnection with or in furtherance <strong>of</strong> a <strong>no</strong>n-conforming use <strong>no</strong>twithstandingconformity <strong>of</strong> the application for <strong>planning</strong> approval with the requirements <strong>of</strong> theScheme Text, Council Planning Policies and the Residential Design Codes.(7) <strong>The</strong> Council can<strong>no</strong>t grant <strong>planning</strong> approval in relation to a <strong>no</strong>n-conforming useunless it is satisfied by an absolute majority that:-Part 2 - Land Use 13


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)(a)if approval were to be granted, the <strong>no</strong>n-conforming use would, in theopinion <strong>of</strong> the Council, be consistent with:(i)(ii)(iii)the orderly and proper <strong>planning</strong> <strong>of</strong> the locality;the conservation <strong>of</strong> the amenities <strong>of</strong> the locality; andthe Statement <strong>of</strong> Intent set out in the relevant Precinct PlanningPolicy; and(b)the <strong>no</strong>n-conforming use would, in the opinion <strong>of</strong> the Council, <strong>no</strong>t have anyundue adverse affect on:-(i)(ii)(iii)the occupiers or users <strong>of</strong> the development;the property in, or the inhabitants <strong>of</strong>, the locality; orthe likely future development <strong>of</strong> the locality.(8) Where in the opinion <strong>of</strong> Council an application for <strong>planning</strong> approval under Part 4is likely to affect any owners or occupiers in the general locality, the Councilmay:-(a)(b)consult with the party or parties who, in the opinion <strong>of</strong> Council, may beaffected by the approval <strong>of</strong> further development <strong>of</strong> the land and/or buildingsin respect <strong>of</strong> the <strong>no</strong>n-conforming use; andhave regard to any submissions in considering the application for <strong>planning</strong>approval in respect <strong>of</strong> the <strong>no</strong>n-conforming use.(9) <strong>The</strong> Council may at its discretion permit land in respect <strong>of</strong> which a <strong>no</strong>nconforminguse exists or is authorised under clause 15 (1) (a) and (b) to be usedfor some other purpose which is <strong>no</strong>t permitted under the Scheme if the proposeduse for that purpose is in the opinion <strong>of</strong> the Council:(a)(b)less detrimental to the amenities <strong>of</strong> the neighbourhood than the <strong>no</strong>nconforminguse; orcloser to the type <strong>of</strong> use which is permitted or which may be approved <strong>of</strong> bythe Council in the Zone in which the land is located.(10) <strong>The</strong> Council may terminate a <strong>no</strong>n-conforming use by purchasing or compulsorilyacquiring the relevant land in accordance with section 13 <strong>of</strong> the Act.(11) If any land or building is, at the Gazettal date, being used for a <strong>no</strong>n-conforminguse and:-(a)(b)the <strong>no</strong>n-conforming use ceases for a least six consecutive months;the building is destroyed or damaged to the extent <strong>of</strong> at least 75% <strong>of</strong> itsvalue,Part 2 - Land Use 14


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)then the land or building shall <strong>no</strong>t thereafter be used otherwise than in conformitywith the Scheme.16 REGISTER OF NON-CONFORMING USES(1) A person who wishes the Council to record a <strong>no</strong>n-conforming use may submit tothe Council in writing full details <strong>of</strong> the nature, location and extent <strong>of</strong> the <strong>no</strong>nconforminguse.(2) Where the Council is satisfied that a <strong>no</strong>n-conforming use exists, it is to record, ina register <strong>of</strong> <strong>no</strong>n-conforming uses, details <strong>of</strong> each <strong>no</strong>n-conforming use.(3) A copy <strong>of</strong> the register <strong>of</strong> <strong>no</strong>n-conforming uses is to be:-(a)(b)kept at the <strong>of</strong>fices <strong>of</strong> the <strong>Town</strong>; andmade available for public inspection during <strong>of</strong>fice hours.Part 2 - Land Use 15


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)PART 3 – DEVELOPMENT REQUIREMENTSDIVISION 1 - GENERAL DEVELOPMENT REQUIREMENTS17 PRECINCTS(1) <strong>The</strong> Scheme Area is divided into the Precincts set out in the Precinct PlanningPolicies contained in the Council‟s Policy Manual.(2) For each Precinct listed below, there is a Precinct Planning Policy.P1P2P3P4P5P6City BeachReaboldFloreatWembleyWest LeedervilleLake Monger18 SOURCE OF DEVELOPMENT REQUIREMENTSUnless otherwise consistent with a <strong>planning</strong> approval, the development <strong>of</strong> land is to bein accordance with the standards and requirements contained in this Scheme Text, thePlanning Policies and the Residential Design Codes.19 RESIDENTIAL DESIGN CODES(1) For the purpose <strong>of</strong> this Scheme "Residential Design Codes" means the ResidentialDesign Codes set out in State Planning Policy 3.1, together with any amendmentsthereto.(2) A copy <strong>of</strong> the Residential Design Codes, as amended, shall be kept and madeavailable for public inspection at the <strong>of</strong>fices <strong>of</strong> the Council.(3) Unless otherwise provided for in the Scheme the development <strong>of</strong> land for any <strong>of</strong> theresidential purposes dealt with by the Residential Design Codes shall conform to theprovisions <strong>of</strong> those Codes.(4) <strong>The</strong> Residential Design Code dwelling density applicable to land within the SchemeArea shall be determined by reference to the Residential Design Code‟s dwellingdensity number superimposed on the particular areas shown on the Scheme Mapas being contained within the solid black line borders or where such an area abutsa<strong>no</strong>ther area having a Residential Design Code dwelling density, as beingcontained within the centre-line <strong>of</strong> those borders.Part 3 - Development Requirements 16


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)20 SPECIAL APPLICATION OF RESIDENTIAL DESIGN CODES(1) Notwithstanding the provisions <strong>of</strong> the Residential Design Codes, the followingspecial applications <strong>of</strong> the Residential Design Codes apply:-(a)(b)street boundary setbacks within the City Beach Precinct (P1) shall be aminimum <strong>of</strong> 7.5 metres from the primary street (as defined by Council) and3.75 metres from the secondary street, except within the Residential R30zone and in the case <strong>of</strong> grouped dwelling development, andstreet boundary setbacks within the Floreat Precinct (P3) shall be aminimum <strong>of</strong> 9 metres from the primary street (as defined by Council) and4.5 metres from the secondary street, except within the Residential R15zone.(2) When determining setbacks under this clause, the following provisions shallapply:-(a)(b)setbacks shall be measured at 90 degrees to the street alignment; andclauses 5.1.2 (C2.1 to C2.4) and 5.2.1 (C1.1 to C1.5) <strong>of</strong> the ResidentialDesign Codes shall <strong>no</strong>t apply.(3) For the area located along either side <strong>of</strong> <strong>Cambridge</strong> Street between Selby Streetand Birkdale Street and zoned Residential R20, the average site area for groupeddwellings shall be 450m 2 .21 DWELLING DENSITIES(1) <strong>The</strong> permitted dwelling density per hectare under the Residential Design Codesfor any land is to be determined by reference to the Residential Design Codesdwelling density number, as illustrated on the Scheme Map.(2) Subject to compliance with the procedures set out in the Residential DesignCodes for <strong>no</strong>tifying affected owners and occupiers, the Council may grant anincrease in the permitted dwelling density by up to 50% if:-(a)(b)the proposed development effects the discontinuance <strong>of</strong> a <strong>no</strong>n-conforminguse; orthe proposed development conserves or enhances an existing building,buildings or place which is either;(i)(ii)(iii)declared to be a conservation area or a conservation place, or<strong>no</strong>minated on the Municipal Heritage Inventory, orincluded on the State Register <strong>of</strong> Heritage Places, the Register <strong>of</strong> theNational Estate or listed by the National Trust; orPart 3 - Development Requirements 17


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)(c)the proposed development would remove all vehicular access to and fromthe site from a road <strong>no</strong>minated by Council to be a primary or districtdistributor road.(3) Where the Council allows an increase in the permitted dwelling density, thestandards and provisions <strong>of</strong> the Residential Design Codes which relate to thathigher density are to apply.22 CONSERVATION OF TREESIn determining an application for <strong>planning</strong> approval under Part 4, the Council may haveregard to any trees or other vegetation which Council considers worthy <strong>of</strong> retention.23 SEWERAGE CONNECTION(1) Notwithstanding any provision <strong>of</strong> this Scheme to the contrary, all residentialdevelopments are to be connected to a comprehensive sewerage system, if oneis available.(2) Where <strong>no</strong> comprehensive sewerage system is available, the Council is <strong>no</strong>t togrant <strong>planning</strong> approval for any residential development, other than the erectio<strong>no</strong>f a single house, unless:-(a)(b)the Health Department <strong>of</strong> <strong>Western</strong> Australia recommends to the Councilthat the <strong>planning</strong> application complies with the requirements <strong>of</strong> theGovernment Sewerage Policy; orimmediately prior to the Gazettal date the land in respect <strong>of</strong> which theproposed development is to take place is used for the purposes <strong>of</strong> two ormore dwellings.DIVISION 2 - PLACES OF CULTURAL HERITAGE SIGNIFICANCE24 DECLARATION OF A CONSERVATION AREA(1) <strong>The</strong> Council, following the procedures set out in this clause, may declare an area <strong>of</strong>land to be a conservation area where, in the opinion <strong>of</strong> the Council, special <strong>planning</strong>controls are needed to conserve and enhance the cultural heritage significance andcharacter <strong>of</strong> the area.(2) In considering a proposal to declare an area <strong>of</strong> land to be a conservation area, theCouncil:-(a)(b)is to give written <strong>no</strong>tice to each owner <strong>of</strong> land affected by the proposal;is to advertise the proposal:-(i)in a <strong>no</strong>tice in a newspaper circulating in the <strong>Town</strong>;Part 3 - Development Requirements 18


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)(ii)(iii)by the erection <strong>of</strong> a sign in a prominent location in the area affected bythe proposal; andin any other way that the Council considers necessary to ensurewidespread <strong>no</strong>tice <strong>of</strong> the proposal;(c)(d)(e)(f)is to include in the newspaper <strong>no</strong>tice and on the sign an invitation forsubmissions about the proposal to be made to the Council within a specifiedperiod <strong>of</strong> 28 days;may consult with any person or body;is to have regard to any written submissions lodged with the Council underthis clause; andmay, by resolution, declare the area to be a conservation area.(3) Where the Council declares an area to be a conservation area it is to:-(a)adopt a Planning Policy for the area which is to comprise:-(i)a map showing the boundaries <strong>of</strong> the area;(ii) a list <strong>of</strong> places, if any, <strong>of</strong> heritage significance;(iii) objectives and guidelines for the conservation <strong>of</strong> the area;(b)give <strong>no</strong>tice <strong>of</strong> the declaration and, when available, a copy <strong>of</strong> the PlanningPolicy to:-(i)the Heritage Council <strong>of</strong> <strong>Western</strong> Australia;(ii) the <strong>Western</strong> Australian Planning Commission; and(iii) any person or body who made a submission in respect <strong>of</strong> theconservation area.(4) <strong>The</strong> Council may amend or cancel a conservation area by following the proceduresset out in sub-clause (2).25 DECLARATION OF A CONSERVATION PLACE(1) <strong>The</strong> Council may, following the procedures set out in this clause, declare a place tobe a conservation place where, in its opinion, the place:-(a)(b)is <strong>of</strong> cultural heritage significance or possesses special interest related to orassociated with cultural heritage; andshould be conserved or enhanced.(2) In considering a proposal to declare a place to be a conservation place, theCouncil:–Part 3 - Development Requirements 19


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)(a)(b)(c)is to give written <strong>no</strong>tice to each owner <strong>of</strong> land affected by the proposal, andthe <strong>no</strong>tice is to include an invitation for submissions about the proposal to bemade to the Council within a specified period <strong>of</strong> 28 days;is to have regard to any written submissions lodged with the Council underthis clause; andmay, by resolution, declare the place to be a conservation place.(3) Where the Council declares a place to be a conservation place it is to:-(a)(b)give <strong>no</strong>tice <strong>of</strong> each declaration to the Heritage Council <strong>of</strong> <strong>Western</strong> Australiaand the <strong>Western</strong> Australian Planning Commission; andgive <strong>no</strong>tice <strong>of</strong> each declaration to any person or body who made a submissionin respect <strong>of</strong> the conservation place.(4) <strong>The</strong> Council may amend or cancel a conservation place by following the proceduresset out in sub-clause (2).(5) Places declared under this clause shall be listed in a Planning Policy which mayinclude objectives and guidelines for the conservation <strong>of</strong> the place.26 HERITAGE AGREEMENTS<strong>The</strong> Council may, in accordance with the Heritage <strong>of</strong> <strong>Western</strong> Australia Act 1990, enterinto a heritage agreement with an owner or occupier <strong>of</strong> land or a building for thepurpose <strong>of</strong> binding the land or affecting the use <strong>of</strong> the land or building ins<strong>of</strong>ar as theinterest <strong>of</strong> that owner or occupier permits.27 VARIATIONS TO STANDARDSWhere a development is proposed which would:-(a)(b)conserve or enhance the whole or part <strong>of</strong> a conservation area or a conservationplace which has been declared by the Council to be significant and worthy <strong>of</strong>conservation; andwould <strong>no</strong>t adversely affect the cultural heritage significance <strong>of</strong> the conservation areaor place,the Council may, by way <strong>of</strong> <strong>planning</strong> approval and subject to the requirements <strong>of</strong> clause39 <strong>of</strong> the Scheme, grant modifications to any development requirement specified in thisScheme or in Planning Policies, or the Residential Design Codes including: -(c)(d)in respect <strong>of</strong> a residential development - an increase <strong>of</strong> up to 50% from the specifiedmaximum dwelling density; andin respect <strong>of</strong> a <strong>no</strong>n-residential development - an increase <strong>of</strong> up to 10% from thespecified maximum plot ratio; andPart 3 - Development Requirements 20


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)as long as the increase or variation would <strong>no</strong>t adversely affect the cultural heritagesignificance <strong>of</strong> that, or any other, conservation area or place including the streetscapeor precinct in which it is located.DIVISION 3 - CONTROL OF ADVERTISEMENTS28 DEFINITIONSFor the purposes <strong>of</strong> this Division:-“advertiser”“display”“exempted advertisement”“existing advertisement”means any one or more <strong>of</strong> the land owner, occupier,licensee or other person having an interest in or benefitingfrom the display <strong>of</strong> an advertisement;in relation to an advertisement, includes the erection andplacement <strong>of</strong> the advertisement;is an advertisement exempted from the requirement toobtain <strong>planning</strong> approval under clause 33 (c) and as listedin a Planning Policy; andmeans an advertisement that is:-(a)(b)lawfully displayed before the commencement <strong>of</strong> thisScheme; ordisplayed under a licence or other approval grantedby the Council before the commencement <strong>of</strong> thisScheme.29 NEED FOR PLANNING APPROVALA person shall <strong>no</strong>t begin or continue to display an advertisement, other than an existing orexempted advertisement, without having first applied for and having obtained <strong>planning</strong>approval under Part 4.30 EXISTING AND EXEMPTED ADVERTISEMENTSUnless it is subject to a <strong>no</strong>tice under clause 31:-(a)(b)an exempted advertisement may be displayed; andan existing advertisement may continue to be displayed in accordance with thelicence or approval, if any, granted by the Council.Part 3 - Development Requirements 21


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)31 NOTICES AFFECTING THE DISPLAY OF ADVERTISEMENTS(1) Where, in the opinion <strong>of</strong> the Council, the display <strong>of</strong> an advertisement, including anexempted or existing advertisement, seriously conflicts with:-(a)(b)(c)(d)(e)the requirements <strong>of</strong> the Scheme;any relevant Planning Policies;the orderly and proper <strong>planning</strong> <strong>of</strong> a locality;the conservation <strong>of</strong> the amenities <strong>of</strong> a locality; andthe design, scale and relationship <strong>of</strong> existing buildings or surroundings <strong>of</strong> theadvertisement;the Council may, by <strong>no</strong>tice in writing, require the advertiser to remove, relocate,adapt or otherwise modify the advertisement within the period specified in the<strong>no</strong>tice.(2) Where, in the opinion <strong>of</strong> the Council, an advertisement has deterioratedinappropriately having regard to the matters set out in sub-clause (1), or where theadvertisement ceases to be effective for the purpose for which it was displayed, theCouncil may by <strong>no</strong>tice in writing require the advertiser to:-(a)(b)repair, repaint or otherwise restore the advertisement to a standard specifiedby Council in the <strong>no</strong>tice; orremove the advertisement.(3) A <strong>no</strong>tice under this clause is to:–(a)(b)(c)(d)be given to the advertiser;refer to the advertisement which is the subject <strong>of</strong> the <strong>no</strong>tice;give full details <strong>of</strong> the action or alternative courses <strong>of</strong> action to be taken by theadvertiser to comply with the <strong>no</strong>tice; andspecify the period, <strong>no</strong>t being less than 60 days, within which the actionspecified is to be completed by the advertiser.(4) Subject to the provisions <strong>of</strong> the Act, a person on whom the <strong>no</strong>tice is served underthis clause has a right <strong>of</strong> appeal against the Council‟s decision to serve the <strong>no</strong>tice.Part 3 - Development Requirements 22


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)PART 4 – PLANNING APPROVAL32 NEED FOR PLANNING APPROVALIn order to give full effect to the provisions and objectives <strong>of</strong> this Scheme, all development,including a change in the use <strong>of</strong> land, except as otherwise provided in clause 33 <strong>of</strong> theScheme, requires the prior approval <strong>of</strong> the Council in each case. Accordingly, <strong>no</strong> personshall commence or carry out any development, including a change in the use <strong>of</strong> any land,without first having applied for and obtained the <strong>planning</strong> approval <strong>of</strong> the Council pursuantto the provisions <strong>of</strong> this Part.33 EXEMPTION FROM PLANNING APPROVAL(1) <strong>The</strong> <strong>planning</strong> approval <strong>of</strong> the Council is <strong>no</strong>t required for the following development<strong>of</strong> land:-(a)<strong>The</strong> use <strong>of</strong> land in a Reserve, where such land is held by the Council orvested in a public authority:-(i)for the purpose for which the land is reserved under the Scheme; or(ii) in the case <strong>of</strong> land vested in a public authority, for any purpose for whichsuch land may be lawfully used by that authority.(b)<strong>The</strong> use <strong>of</strong> land which is a permitted ("P") use in the Zone in which that land issituated provided:-(i)(ii)it does <strong>no</strong>t involve the carrying out <strong>of</strong> any building or other works; andit is in compliance with all the requirements prescribed by the Scheme,Council Planning Policies and the Residential Design Codes.(c)(d)(e)(f)(g)<strong>The</strong> erection <strong>of</strong> a boundary fence, a communications antenna, anadvertisement, the alteration <strong>of</strong> land levels, the construction <strong>of</strong> a retaining wallwhere listed as exempt from the requirement to obtain Planning Approval in aPlanning Policy.Development <strong>of</strong> a mi<strong>no</strong>r nature where listed as exempt from the requirementto obtain Planning Approval in a Planning Policy.<strong>The</strong> erection on a lot <strong>of</strong> a single dwelling house, including ancillaryoutbuildings, in a zone where the proposed use is designated with the symbol"P" in the cross reference to that zone in the Zoning Table, except whereotherwise provided by the Scheme.<strong>The</strong> carrying out <strong>of</strong> any works on, in, over or under a street or road by a publicauthority acting pursuant to the provisions <strong>of</strong> any Act.<strong>The</strong> carrying out <strong>of</strong> works for the maintenance, improvement or otheralteration <strong>of</strong> any building, being works which affect only the interior <strong>of</strong> thePart 4 - Planning Approval 23


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)building or which do <strong>no</strong>t materially affect the external appearance <strong>of</strong> thebuilding, unless the building or structure is:-(i)located in a place that has been entered in the Register <strong>of</strong> HeritagePlaces under the Heritage <strong>of</strong> <strong>Western</strong> Australia Act 1990;(ii) the subject <strong>of</strong> an Order under Part 6 <strong>of</strong> the Heritage <strong>of</strong> <strong>Western</strong>Australia Act 1990;(iii) declared to be a conservation place under clause 25 <strong>of</strong> the Scheme; or(iv) declared to be a conservation area under clause 24 <strong>of</strong> the Scheme andPlanning Approval for internal works is required by a Planning Policy.(h)<strong>The</strong> carrying out <strong>of</strong> works urgently necessary in the interests <strong>of</strong> public safetyor for the safety or security <strong>of</strong> plant or equipment or for the maintenance <strong>of</strong>essential services.(2) Notwithstanding that a single house or ancillary outbuilding does <strong>no</strong>t require theprior approval <strong>of</strong> the Council pursuant to the Scheme, any person who wishesCouncil to exercise discretion under the Residential Design Codes or a PlanningPolicy relating to the erection <strong>of</strong> a single house or ancillary outbuilding shall, at thetime <strong>of</strong> lodging an application for a building licence or earlier, apply in writing toCouncil, seeking Council's approval for the variation.<strong>The</strong> Council may approve the variation with or without conditions or may refuse toapprove the variation. <strong>The</strong> Council shall, before granting its approval, satisfy itselfthat:-(a)(b)the discretion requested is one which the Council has the power to approve;andgranting <strong>of</strong> that discretion would <strong>no</strong>t compromise the objectives <strong>of</strong> theResidential Design Codes or Planning Policy.(3) Notwithstanding that any development by reason <strong>of</strong> the preceding paragraphs does<strong>no</strong>t require the approval <strong>of</strong> the Council, a <strong>planning</strong> application must nevertheless besubmitted to the Council for referral to the Commission for determination inaccordance with the Metropolitan Region Scheme or the Metropolitan Region <strong>Town</strong>Planning Scheme Act 1959 if the land the subject <strong>of</strong> the application is wholly orpartly within an area duly declared by the Commission to be a <strong>planning</strong> control areapursuant to Section 35C <strong>of</strong> the Metropolitan Region <strong>Town</strong> Planning Scheme Act1959.34 UNAUTHORISED EXISTING DEVELOPMENTS(1) Where a development has been, or is being, carried out contrary to clause 32, aperson may apply to the Council for <strong>planning</strong> approval for that development.(2) If the Council grants <strong>planning</strong> approval in respect <strong>of</strong> an application made undersub-clause (1), the <strong>planning</strong> approval is <strong>no</strong>t to be taken as:-Part 4 - Planning Approval 24


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)(a)(b)authorising development before the date on which the Council resolved togrant the <strong>planning</strong> approval; orpreventing action being taken in respect <strong>of</strong> the unauthorised developmentbefore the date on which the Council resolved to grant <strong>planning</strong> approval.35 FORM OF APPLICATION FOR PLANNING APPROVALAn application for <strong>planning</strong> approval is to:-(a)(b)(c)be made generally in the form set out in Schedule 4 <strong>of</strong> the Scheme and containthe information and material set out in the Council‟s Planning Policy forapplications for <strong>planning</strong> approval and be forwarded to the Council;be made by the owner <strong>of</strong> the land on which the development is proposed or aperson authorised in writing by the owner to make an application for <strong>planning</strong>approval; andinclude all information, plans and documents required, by a provision <strong>of</strong> thisScheme Text, a Planning Policy or otherwise, to be included in an application for<strong>planning</strong> approval.36 DESIGN ADVISORY COMMITTEE<strong>The</strong> Council may appoint a design advisory committee for the purpose <strong>of</strong> considering,and advising the Council with respect to applications. <strong>The</strong> design advisory committeemay be consulted on design matters relating to development.37 ADVERTISING OF APPLICATIONS FOR PLANNING APPROVAL(1) Where an application is made for <strong>planning</strong> approval to commence or carry outdevelopment which involves an 'SA' use, the Council shall <strong>no</strong>t grant approval <strong>of</strong> thatapplication unless <strong>no</strong>tice <strong>of</strong> the application is first given in accordance with theprovisions <strong>of</strong> sub-clause (5) <strong>of</strong> this clause.(2) Notwithstanding sub-clause (1) <strong>of</strong> this clause, where an application is made for<strong>planning</strong> approval to commence or carry out development which involves an „SA‟use, the Council may decide that the use is <strong>no</strong>t required to be advertised inaccordance with sub-clause (5) where:-(a)(b)the use is existing on the subject land; andin the opinion <strong>of</strong> Council, approval <strong>of</strong> the application will <strong>no</strong>t materially add tothe scale and intensity <strong>of</strong> the existing use <strong>of</strong> the land.For the purposes <strong>of</strong> this clause the Council, in determining whether an applicationwill <strong>no</strong>t materially add to the scale and intensity <strong>of</strong> the existing use <strong>of</strong> the land shallconsider the following matters:-Part 4 - Planning Approval 25


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)(a)(b)(c)(d)the visual appearance and scale <strong>of</strong> the development relative to adjoiningproperties;the impact <strong>of</strong> the development on the amenity <strong>of</strong> adjoining properties;the generation <strong>of</strong> any additional vehicular parking, traffic, <strong>no</strong>ise or odour whichmay be created by the development; andany other matters which the Council considers to be relevant.(3) Nothing in sub-clause (2) <strong>of</strong> this clause shall prevent the Council from determiningthat an application involving an „SA‟ use shall be advertised.(4) Where an application is made for <strong>planning</strong> approval to commence or carry outdevelopment which involves an 'AA' use, or any other development which requiresthe <strong>planning</strong> approval <strong>of</strong> the Council, the Council may give <strong>no</strong>tice <strong>of</strong> the applicationin accordance with the provisions <strong>of</strong> sub-clause (5).(5) Where the Council is required or decides to give <strong>no</strong>tice <strong>of</strong> an application for <strong>planning</strong>approval the Council shall cause one or more <strong>of</strong> the following to be carried out at theapplicant‟s expense:-(a)(b)(c)<strong>no</strong>tice <strong>of</strong> the proposed development to be served by registered post on theowners and occupiers likely to be affected by the granting <strong>of</strong> <strong>planning</strong>approval stating that submissions may be made to the Council within twentyone days <strong>of</strong> the service <strong>of</strong> such <strong>no</strong>tice;<strong>no</strong>tice <strong>of</strong> the proposed development to be published in a newspapercirculating in the Scheme Area stating that submissions may be made to theCouncil within twenty one days from the publication there<strong>of</strong>; anda sign or signs displaying <strong>no</strong>tice <strong>of</strong> the proposed development to be erected ina conspicuous position or positions on the land for a period <strong>of</strong> twenty onedays from the date <strong>of</strong> publication <strong>of</strong> the <strong>no</strong>tice referred to in paragraph (b) <strong>of</strong>this sub-clause.(6) <strong>The</strong> <strong>no</strong>tice referred to in sub-clause (5) (a) and (b) shall be in the form contained inSchedule 5 with such modifications as circumstances require.(7) After expiration <strong>of</strong> twenty one days from the serving <strong>of</strong> the <strong>no</strong>tice <strong>of</strong> the proposeddevelopment, the publication <strong>of</strong> the <strong>no</strong>tice or the erection <strong>of</strong> a sign or signs,whichever is the later, the Council shall consider and determine the application.38 DETERMINATION OF APPLICATIONS FOR PLANNING APPROVAL -GENERAL PROVISIONS(1) <strong>The</strong> Council may refuse to consider an application for <strong>planning</strong> approval whichdoes <strong>no</strong>t comply with the requirements <strong>of</strong> this Part.(2) In assessing an application, the Council:-(a)may consult with any person or body; andPart 4 - Planning Approval 26


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)(b)is to have regard to any written submissions lodged with the Council inrespect <strong>of</strong> the application.(3) Subject to sub-clause (4) the Council may:-(a)(b)refuse an application; orapprove an application either:-(i)unconditionally; or(ii) subject to such conditions as the Council considers to be appropriate.(4) Without limiting the scope <strong>of</strong> the Council‟s discretion to determine an applicationunder sub-clause (3), the Council is to have regard to:-(a)(b)(c)(d)(e)(f)(g)(h)the provisions <strong>of</strong> this Scheme and <strong>of</strong> any other written law applying withinthe Scheme Area including the Metropolitan Region Scheme;any relevant Planning Policy;any Statement <strong>of</strong> Planning Policy <strong>of</strong> the <strong>Western</strong> Australian PlanningCommission;any <strong>planning</strong> study approved by the Council;any submission accompanying or related to the application;the orderly and proper <strong>planning</strong> <strong>of</strong> the locality;the conservation <strong>of</strong> the amenities <strong>of</strong> the locality; andthe design, scale and relationship to existing buildings and surroundings <strong>of</strong>any proposed building or structure.(5) Where an application involves a development which may affect:-(a)(b)an area declared by the Council (under clause 24) to be a conservationarea; ora place declared by the Council (under clause 25) to be a conservationplace,the Council, before determining the application, may require a heritageassessment to be carried out, at the applicant‟s expense, to determine how theproposed development might affect the area or place.39 DETERMINATION OF NON-COMPLYING APPLICATIONS FOR PLANNINGAPPROVAL(1) In this clause:-Part 4 - Planning Approval 27


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)(a)(b)an application for <strong>planning</strong> approval which does <strong>no</strong>t comply with a standardor requirement <strong>of</strong> this Scheme (including a standard or requirement set outin a Planning Policy), where the standard or requirement does <strong>no</strong>t providefor any permitted variation, is called a "<strong>no</strong>n-complying application"; anda <strong>no</strong>n-complying application does <strong>no</strong>t include an application involving aprohibited use.(2) Subject to sub-clause (3), the Council may refuse or approve a <strong>no</strong>n-complyingapplication.(3) <strong>The</strong> Council can<strong>no</strong>t grant <strong>planning</strong> approval for a <strong>no</strong>n-complying applicationunless it is satisfied by an absolute majority that:-(a)if approval were to be granted, the development would be consistent with:-(i)the orderly and proper <strong>planning</strong> <strong>of</strong> the locality;(ii) the conservation <strong>of</strong> the amenities <strong>of</strong> the locality; and(iii) the statement <strong>of</strong> intent set out in the relevant Precinct Planning Policy;and(b)the <strong>no</strong>n-compliance would <strong>no</strong>t have any undue adverse affect on:-(i)the occupiers or users <strong>of</strong> the development;(ii) the property in, or the inhabitants <strong>of</strong>, the locality; or(iii) the likely future development <strong>of</strong> the locality.(4) Where in the opinion <strong>of</strong> Council a variation under sub-clause (1) is likely to affectany owners or occupiers in the general locality, the Council may:-(a)(b)consult with the party or parties who, in the opinion <strong>of</strong> Council, may beaffected by the approval <strong>of</strong> the development; andhave regard to any submissions before making its decision to grant thevariation.40 DETERMINATION OF AN APPLICATION FOR DEMOLITIONIn considering an application for or involving demolition, the Council is to have regard tothe matters listed in clause 38 and:-(a)may defer consideration <strong>of</strong> the application until:-(i)(ii)it has granted <strong>planning</strong> approval for subsequent development <strong>of</strong> therelevant site;it has issued a building licence for that development; andPart 4 - Planning Approval 28


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)(iii)it is satisfied that the subsequent development will commence;(b)may approve the application, subject to conditions including:-(i)(ii)(iii)the retention, maintenance, reinstatement or repositioning <strong>of</strong> any part <strong>of</strong> theexisting building or structure;the screening <strong>of</strong> the site during redevelopment; andwhere the development that has been approved has <strong>no</strong>t been substantiallycommenced within a total period <strong>of</strong> more than six months, the landscaping<strong>of</strong> or other treatment <strong>of</strong> the site to the satisfaction <strong>of</strong> the Council; or(c)may refuse the application.41 NOTICE OF COUNCIL DECISIONAs soon as is practicable after making a decision in relation to an application for<strong>planning</strong> approval, the Council is to give to the applicant, in writing, generally in theform prescribed in Schedule 6:-(a)(b)(c)<strong>no</strong>tice <strong>of</strong> the approval or refusal;the reason or reasons for the approval or refusal; andthe conditions, if any, to which approval is subject.42 TERM OF PLANNING APPROVAL(1) Subject to sub-clause (2), a <strong>planning</strong> approval is valid from the date on which theapplication is approved until:-(a) the expiry <strong>of</strong> the period, if any, imposed by the Council under clause 41;(b)(c)it is amended under clause 43; orin the case <strong>of</strong> <strong>planning</strong> approval for a home occupation:-(i)the specified occupier ceases to be the occupier <strong>of</strong> the lot in respect <strong>of</strong>which the approval is granted; or(ii) the approval is revoked under clause 46.(2) A <strong>planning</strong> approval shall lapse if the development has <strong>no</strong>t been substantiallycommenced before the expiration <strong>of</strong> two years, or such period as the Councilmay determine, from the date on which the application is approved.Part 4 - Planning Approval 29


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)43 TEMPORARY PLANNING APPROVAL<strong>The</strong> Council may, in granting <strong>planning</strong> approval, limit the period during which thedevelopment may be carried out where:-(a)(b)it considers that development in excess <strong>of</strong> that period might adversely affect theamenities <strong>of</strong> the locality or the orderly and proper <strong>planning</strong> <strong>of</strong> the locality; orfor any other reason it considers that approval ought to be granted for a limited ortrial period.44 DEEMED REFUSAL(1) Subject to sub-clauses (2) and (3), an application for <strong>planning</strong> approval is takento have been refused where <strong>no</strong>tice <strong>of</strong> <strong>planning</strong> approval is <strong>no</strong>t given to theapplicant by the Council within:-(a)(b)60 days <strong>of</strong> the receipt <strong>of</strong> the application; orsuch further time as may be agreed in writing between the applicant andthe Council within that period <strong>of</strong> 60 days.(2) Subject to sub-clause (3), an application in respect <strong>of</strong> any place which:-(a)(b)(c)(d)is declared as a conservation area under clause 24; oris declared as a conservation place under clause 25; orCouncil requires to be advertised in accordance with the procedure outlinedin clause 37, orCouncil requires to be referred to any other body in accordance with clause38(2),is taken to have been refused where <strong>no</strong>tice <strong>of</strong> <strong>planning</strong> approval is <strong>no</strong>t given tothe applicant within:-(e)(f)90 days <strong>of</strong> the receipt <strong>of</strong> the application; orsuch further time as may be agreed in writing between the applicant andthe Council within that period <strong>of</strong> 90 days.(3) Nothing in this clause prevents the Council from making a decision about anapplication after the expiry <strong>of</strong> the periods referred to in sub-clauses (1) and (2).45 APPROVAL SUBJECT TO LATER PLANNING APPROVAL OF DETAILS(1) Where an application for <strong>planning</strong> approval is for a development that includes thecarrying out <strong>of</strong> any building or works, the Council may grant approval subject tomatters requiring the subsequent approval <strong>of</strong> the Council. <strong>The</strong>se matters mayPart 4 - Planning Approval 30


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)PART 5 - MISCELLANEOUS48 PLANNING POLICIES(1) <strong>The</strong> Council may make Planning Policies, which are to:-(a)(b)relate to an aspect or aspects <strong>of</strong> development control or any other matterrelevant to this Scheme; andapply to all or a part <strong>of</strong> the Scheme Area.(2) In preparing a draft Planning Policy, the Council is to have regard to:-(a)(b)(c)(d)(e)the purpose for which land is set aside under this Scheme;the orderly and proper <strong>planning</strong> <strong>of</strong> the locality;the conservation <strong>of</strong> the amenities <strong>of</strong> the locality;any strategies, studies or objectives adopted by the Council; andany other matters it considers to be relevant.(3) Having prepared a draft Planning Policy, the Council is:-(a)(b)(c)to advertise a summary <strong>of</strong> the draft Planning Policy once a week for twoconsecutive weeks in a newspaper circulating in the Scheme Area, givingdetails <strong>of</strong> where the draft Planning Policy may be inspected, and in whatform and during what period (being <strong>no</strong>t less than 21 days) submissions maybe made, unless the draft Policy is to be advertised under clause 24 or 25<strong>of</strong> the Scheme, in which case <strong>no</strong> further advertisement is required;where practicable, to <strong>no</strong>tify those persons who, in the opinion <strong>of</strong> theCouncil, might be directly affected by the draft Planning Policy; andto forward a copy <strong>of</strong> the draft Planning Policy to the <strong>Western</strong> AustralianPlanning Commission for its consideration and advice in cases where theCouncil considers that the Policy may be inconsistent with other provisions<strong>of</strong> the Scheme or with state and regional <strong>planning</strong> policies.(4) After the expiry <strong>of</strong> the period for submissions, the Council is to:-(a)(b)review the draft Planning Policy having regard to any written submissions;anddetermine, by resolution, to adopt the draft Planning Policy, with or withoutamendment, or <strong>no</strong>t to proceed with it.(5) As soon as practicable after the Council makes a determination under sub-clause(4), details <strong>of</strong> the determination are:-Part 5 - Miscellaneous 32


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)from the date <strong>of</strong> publication <strong>of</strong> the Scheme or the Scheme Amendment in theGovernment Gazette.(2) Where, in respect <strong>of</strong> any application for <strong>planning</strong> approval to commence andcarry out development on land reserved under this Scheme, the Council, or anyappellate body thereafter, refuses or grants approval subject to conditions suchthat the effect <strong>of</strong> the decision is to permit the land to be used or developed for <strong>no</strong>purpose other than a public purpose, the owner <strong>of</strong> the land may, within six (6)months <strong>of</strong> the date <strong>of</strong> the relevant decision, claim compensation from the Councilfor injurious affection.52 ELECTION TO PURCHASE AND VALUATION(1) Where compensation for injurious affection is claimed pursuant to clause 51, theCouncil may, at its option elect to acquire the land so affected instead <strong>of</strong> payingcompensation.(2) Where the Council elects to acquire the land in respect <strong>of</strong> which the claim forcompensation for injurious affection is made, the Council shall give <strong>no</strong>tice <strong>of</strong> thatelection to the claimant by <strong>no</strong>tice in writing within three (3) months <strong>of</strong> the claim forcompensation being made.(3) Where the Council elects to acquire land as provided in sub-clause (1), if theCouncil and the owner <strong>of</strong> the land are unable to agree as to the price to be paid forthe land by the Council, the price at which the land may be acquired by the Councilshall be the value <strong>of</strong> the land as determined in accordance with sub-clause (4).(4) <strong>The</strong> value <strong>of</strong> the land referred to in sub-clause (3) shall be the value there<strong>of</strong> on thedate that the Council elects to acquire the land and that value shall be determined:-(a)(b)by arbitration in accordance with the Commercial Arbitration Act 1985; orby some other method agreed upon by the Council and the owner <strong>of</strong> the land,and the value shall be determined without regard to any increase or decrease, ifany, in value attributable wholly or in part to this Scheme.(5) <strong>The</strong> Council may deal with or dispose <strong>of</strong> land acquired for a <strong>Town</strong> <strong>of</strong> <strong>Cambridge</strong>Scheme Reserve pursuant to the preceding sub-clause (4) or upon such terms andconditions as it thinks fit provided the land is used for, or preserved for, a usecompatible with the use for which it was reserved.Part 5 - Miscellaneous 34


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)PART 6 - ENFORCEMENT53 NOTICES(1) A <strong>no</strong>tice required to be given by the Council under section 10(1) <strong>of</strong> the Act is tobe a 28 day <strong>no</strong>tice signed by the Chief Executive Officer and sent by registeredpost to the owner and to any occupier or lessee <strong>of</strong> the premises affected by the<strong>no</strong>tice.(2) <strong>The</strong> Council may recover expenses under section 10(2) <strong>of</strong> the Act in any mannerin which it is from time to time entitled to recover rates levied by it under the LocalGovernment Act 1995.54 AUTHORISED ENTRY(1) An <strong>of</strong>ficer authorised by the Council may, with any assistance required, enter atany reasonable time any building or land to determine whether the provisions <strong>of</strong>this Scheme have been or are being observed.(2) An authorised <strong>of</strong>ficer exercising the power <strong>of</strong> entry under sub-clause (1) or anyother person accompanying an authorised <strong>of</strong>ficer who:-(a)(b)finds a person committing; oron reasonable grounds suspects a person <strong>of</strong> having committed,a breach <strong>of</strong> a provision <strong>of</strong> this Scheme, may ask that person for his or her nameand address.(3) A person who:-(a)(b)in any way opposes the exercise <strong>of</strong> an authorised <strong>of</strong>ficer's power <strong>of</strong> entry;orwhen asked to do so under sub-clause (2), refuses to state his or her nameor address or states a false name or address,commits an <strong>of</strong>fence.(4) A person who gives or is suspected <strong>of</strong> giving a false name or address to theperson making the inquiry under sub-clause (2) may, without any other warrant,be apprehended by the person making the demand and taken before a Justice tobe dealt with according to law.55 OFFENCES(1) Subject to Part 4 <strong>of</strong> this Scheme, a person shall <strong>no</strong>t erect, alter or add to abuilding or use, or change the use <strong>of</strong> any land or building, or permit or suffer anyPart 6 - Enforcement 35


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)land or building to be used, or the use <strong>of</strong> any land or building to be changed forany purpose:-(a)(b)(c)(d)other than a purpose permitted or approved <strong>of</strong> by the Council in the Zone inwhich that land or building is situated;unless all approvals, consents or licences required by this Scheme or anyother law have been granted or issued;unless all conditions imposed upon the grant or issue <strong>of</strong> any approval,consent or licence required by this Scheme or any other law have been andcontinue to be complied with; andunless all standards laid down and all requirements prescribed by thisScheme or determined by the Council pursuant to this Scheme with respectto that building or the use <strong>of</strong> that land or building have been and continue tobe complied with.(2) Where the Council has granted <strong>planning</strong> approval for the development <strong>of</strong> land ona condition which involves the maintenance or continuance <strong>of</strong> the state orcondition <strong>of</strong> any place, area, matter or thing a person shall <strong>no</strong>t use or permit orsuffer the use <strong>of</strong> that land for any purpose while the state or condition <strong>of</strong> thatplace, area, matter or thing is <strong>no</strong>t being maintained or continued in accordancewith that condition.(3) If, in the opinion <strong>of</strong> the Council, land is being used in contravention <strong>of</strong> sub-clauses(1) or (2) <strong>of</strong> this clause, the Council may give to the owner and occupier <strong>of</strong> theland or building a <strong>no</strong>tice in writing requiring the owner or occupier, or both, tocomply with the relevant provisions <strong>of</strong> the Scheme or condition <strong>of</strong> <strong>planning</strong>approval within a specified period as determined by the Council.Part 6 - Enforcement 36


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)PART 7 – SPECIAL CONTROL AREAS56 SPECIAL CONTROL AREASSpecial Control Area No. 1 – Lots 723 and 724 <strong>The</strong> Boulevard, City Beach(“Kalinda Development Area”)(1) Description <strong>of</strong> Area<strong>The</strong> provisions <strong>of</strong> this clause 56 relate only to the land contained in Lots 723 and724 <strong>The</strong> Boulevard consisting <strong>of</strong> land generally fronting <strong>The</strong> Boulevard andKalinda Drive, City Beach which accommodate or have previouslyaccommodated areas used for a bowling club site, a scout hall site, and a quarrysite. <strong>The</strong> land is designated on the Scheme Map as Special Control Area No. 1or SCA No. 1, in addition to any <strong>no</strong>tation for residential code densities or otherpurposes and in this text is referred to as “the Kalinda Development Area” or“SCA No. 1”.(2) Planning Objectives<strong>The</strong> objectives for development and <strong>planning</strong> decision-making within SCA No. 1are:(a)In the area including the former bowling club site and scout hall site (theResidential zoned area):(i)to facilitate development <strong>of</strong> the land predominantly for residentialpurposes, but generally in accordance with the use permissibilitydesignations applicable to the Residential Zone in the Zoning Table;(ii) to facilitate development in accordance with a split residential densitycoding <strong>of</strong> R30/40; and(iii) ensuring that the split residential density coding <strong>of</strong> R30/40 produces aspread <strong>of</strong> residential densities and styles by requiring the preparationand approval <strong>of</strong> an Outline Development Plan prior to the Council:A. considering recommending subdivision; orB. approving developmentwithin the area.(iv) ensuring that development <strong>of</strong> the site satisfies all necessaryenvironmental requirements.(b)In the area comprising the former quarry site (the Development zonedarea):Part 7 - Special Control Areas 37


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)(i)to impose a development zoning which has the effect <strong>of</strong> postponing<strong>planning</strong> approval for any development until an Outline DevelopmentPlan has been prepared and approved for the area; and(ii) ensuring that an Outline Development Plan for the area is <strong>no</strong>tapproved until detailed environmental and geotechnical investigationhas been carried out to determine appropriate future uses, and toensure that the determination <strong>of</strong> future uses has due regard forenvironmental conditions outlined in the Minister for the Environment‟sLand Use Strategy for Bold Park and Environs (Statement 381).(3) Planning ConsiderationsIn addition to the matters referred to in clause 38 the Council shall have regardto the objectives set out in the preceding sub-clause (2) when:(a)(b)considering recommending subdivision; orapproving developmenton land within SCA No. 1.(4) Conflict with other provisions <strong>of</strong> the SchemeWhere a provision <strong>of</strong> this clause 56 is inconsistent with any other provision <strong>of</strong> theScheme, the provisions <strong>of</strong> this clause shall prevail.(5) Outline Development Plan for Residential zoned area(a)(b)<strong>The</strong> procedure for the preparation, Council adoption and, where a proposalfor subdivision <strong>of</strong> land is involved, the Commission endorsement <strong>of</strong> anOutline Development Plan set out in Schedule 7 shall apply to the OutlineDevelopment Plan required for the Residential zoned area, but where thereis any inconsistency between a provision <strong>of</strong> this sub-clause and theprovisions <strong>of</strong> Schedule 7, the provisions <strong>of</strong> this sub-clause shall prevail.A proposed Outline Development Plan shall <strong>no</strong>t be submitted to the Counciluntil the Department <strong>of</strong> Environmental Protection has been satisfied that:-(i)adequate investigation has been undertaken to identify whether or <strong>no</strong>tthe landfill on the adjoining Development zoned area has resulted inany contamination leaching into the subject land and;(ii) in the event <strong>of</strong> any contamination being found to exist, that contaminationbeing properly managed.(c)A proposed Outline Development Plan for the Residential zoned area shall<strong>no</strong>t be submitted to the Council unless it provides for land areas whichachieve an average density <strong>of</strong> R35 and do <strong>no</strong>t allow for development at adensity greater than R40.(d) <strong>The</strong> principles and provisions <strong>of</strong> the Commission‟s “LiveableNeighbourhoods” guidelines are to apply to the Residential zoned area,Part 7 - Special Control Areas 38


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)and particular consideration is to be given to matters <strong>of</strong> permeability andconnectivity, lot orientation and provision for public open space.(e)(f)<strong>The</strong> Outline Development Plan is to contain measures which will ensurethat the development <strong>of</strong> land in the Residential zoned area will <strong>no</strong>t detractfrom the conservation and recreation values <strong>of</strong> adjacent bushland, and inparticular Bold Park.<strong>The</strong> Outline Development Plan is to incorporate design guidelines whichare <strong>no</strong>t in conflict with the Residential Design Codes, to guide residentialdevelopment in the Residential zoned area, the Residential DesignGuidelines are to indicate the extent to which variations from the Codesmay be approved by the Council.(6) Outline Development Plan for the Development zoned area(a)(b)(c)(d)(e)<strong>The</strong> procedure for the preparation, Council adoption and, where a proposalfor subdivision <strong>of</strong> land is involved, the Commission endorsement <strong>of</strong> anOutline Development Plan set out in Schedule 7 shall apply to the OutlineDevelopment Plan required for the Development zoned area, but wherethere is any inconsistency between a provision <strong>of</strong> this sub-clause and theprovisions <strong>of</strong> Schedule 7, the provisions <strong>of</strong> this sub-clause shall prevail.A proposed Outline Development Plan for the Development zoned areashall <strong>no</strong>t be submitted to the Council until detailed environmental andgeotechnical investigation <strong>of</strong> the land in that area has been carried out,and the details <strong>of</strong> the investigation and its outcome are to be included inthe Outline Development Plan Report.<strong>The</strong> Outline Development Plan must set out clearly the relationshipbetween the environmental and geotechnical investigation results and theproposals for future use <strong>of</strong> land in the Development zoned area.Any proposal in the Outline Development Plan for future use <strong>of</strong> land in theDevelopment zoned area must detail clearly the extent to which theenvironmental conditions outlined in the Minister for the Environment‟sLand Use Strategy for Bold Park and Environs (Statement 381) have beenaddressed and applied in any proposals for use <strong>of</strong> the land in that area.All environmental and geotechnical investigations and conclusionscontained in the ODP must be carried out to the satisfaction <strong>of</strong> theDepartment <strong>of</strong> Environmental Protection.(7) <strong>The</strong> matters specifically referred to in sub-clauses 5 and 6 are <strong>no</strong>t intended to beexhaustive <strong>of</strong> the matters which must be addressed in a proposed OutlineDevelopment Plan for the respective areas, and the Council may from time totime stipulate other matters which in the interest <strong>of</strong> orderly <strong>planning</strong> it will requireto be included in or addressed in an Outline Development Plan relating to anypart <strong>of</strong> SCA No. 1.(8) Nothing in this clause is intended to preclude the possibility <strong>of</strong> a single OutlineDevelopment Plan being prepared for both the Residential zoned area and thePart 7 - Special Control Areas 39


SCHEDULE 1 - DEFINITIONS<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)absolute majority: has the same meaning as given to it in the Local Government Act 1995.Act: means the Planning and Development Act 2005 (as amended).advertisement: means any word, letter, model, sign, placard, board, <strong>no</strong>tice device orrepresentation, whether illuminated or <strong>no</strong>t, in the nature <strong>of</strong>, and employed wholly or partly forthe purposes <strong>of</strong>, advertisement, an<strong>no</strong>uncement or direction, and includes any hoarding orsimilar structure used, or adapted for use, for the display <strong>of</strong> advertisements.amenity: means the expectations <strong>of</strong> those living and working in an area about the quality <strong>of</strong>their environment including its pleasantness, character, beauty, harmony in the exteriordesign <strong>of</strong> buildings, privacy and security.amenity building: means a building or part <strong>of</strong> a building used by employees or personsotherwise engaged in the conduct <strong>of</strong> an industry or business on the same site, for their personalcomfort, convenience or enjoyment <strong>of</strong> leisure, but <strong>no</strong>t used or intended for use for the work <strong>of</strong>the industry or business.amusement centre: means any land or building, open to the public, where the predominantuse is amusement by amusement machines and where there are more than two amusementmachines operating within the premises.amusement facility: means any land or buildings, open to the public, used for <strong>no</strong>t more thantwo amusement machines where such use is incidental to the predominant use.amusement machine: means any machine, game or device whether mechanical or electronicor a combination <strong>of</strong> both operated by one or more players for amusement and recreation.ancillary accommodation: has the same meaning given to it as in the Residential DesignCodes.appendix: means an appendix to the Scheme.applicant: means the owner <strong>of</strong> the subject land or a person or body authorised by the ownerto make an application for <strong>planning</strong> approval or to act on any other matter involving theCouncil in relation to that land.application: means an application for <strong>planning</strong> approval made under Part 4 <strong>of</strong> the SchemeText.approved plan: means any plan that:-(a) forms part <strong>of</strong> an application for which <strong>planning</strong> approval has been granted; and(b) has been endorsed with the approval <strong>of</strong> the Council.authorised <strong>of</strong>ficer: means an <strong>of</strong>ficer <strong>of</strong> the Council, authorised by the Council to exercise all orsome <strong>of</strong> the powers <strong>of</strong> the Council under this Scheme.battle-axe lot: means a lot having access to a public road by means <strong>of</strong> an access stripincluded in the Certificate <strong>of</strong> Title <strong>of</strong> that lot.Schedule 1: Definitions 41


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)building: means a structure erected or placed on land.Building Code <strong>of</strong> Australia: means the Building Code <strong>of</strong> Australia (as amended).building line: means the line between which and any public place or public reserve a buildingmay <strong>no</strong>t be erected except by or under the authority <strong>of</strong> an Act.caravan: means a vehicle as defined under the Road Traffic Act 1974 (as amended)maintained in a condition suitable for licence under that Act at all times and being designed orfitted or capable <strong>of</strong> use as a habitation or for dwelling or sleeping purposes.caretaker's dwelling: means a building used as a dwelling by a person having the care <strong>of</strong> thebuilding, plant, equipment or grounds associated with an industry, business, <strong>of</strong>fice or recreationarea carried on or existing on the same site.Chief Executive Officer: means the Chief Executive Officer or Deputy Chief ExecutiveOfficer <strong>of</strong> the Council.child day care centre: means any land or buildings used as a day care centre for the dailyor occasional care <strong>of</strong> more than four children in accordance with the Community Services(Child Care) Regulations 1988.child family care centre: means a child minding operation conducted in a private dwellingwhere <strong>no</strong> more than four children are received for care.cinema/theatre: means any land or building where the public may view a motion picture ortheatrical production.civic use: means land or buildings used by a Government Department, an instrumentality <strong>of</strong>the Crown, or the Council, for administrative, recreational or other purpose.club premises: means any land or buildings used or designed for use by a legally constitutedclub or association or other body <strong>of</strong> persons united by a common interest whether such buildingor premises be licensed under the provisions <strong>of</strong> the Liquor Licensing Act 1988 (as amended) or<strong>no</strong>t and which building or premises are <strong>no</strong>t otherwise classified under the provisions <strong>of</strong> theScheme.commercial vehicle: means a vehicle whether licensed or <strong>no</strong>t and which is used inconjunction with a trade or pr<strong>of</strong>ession and shall include trailers, tractors and their attachments,buses and earthmoving machines whether self propelled or <strong>no</strong>t but shall <strong>no</strong>t include apassenger car derivative as defined by the Vehicle Sales Regulations 1976 (as amended), avan, utility or light truck which is rated by the manufacturer as being suitable to carry loads <strong>of</strong> upto 1.5 tonnes.commercial: means any activity involving any form <strong>of</strong> purchase, hire or sale <strong>of</strong> goods orservices.Commission: means the <strong>Western</strong> Australian Planning Commission constituted under the<strong>Western</strong> Australian Planning Commission Act 1985 (as amended).communications antennae (domestic): means any mast, antennae, aerial, satellite dish andother associated equipment used for the reception or transmission <strong>of</strong> television or radiosignals or for other electronic communications where such device is consistent with theSchedule 1: Definitions 42


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)predominant style and size <strong>of</strong> other such devices in the locality, and provided that neither itsvertical <strong>no</strong>r horizontal dimensions exceed one metre.communications antennae (commercial): means any mast, antennae, aerial, satellite dishand other associated equipment used for the reception or transmission <strong>of</strong> television or radiosignals or for other electronic communications where its vertical or horizontal dimensionsexceed one metre but does <strong>no</strong>t include telecommunications infrastructure.community purpose: means the use <strong>of</strong> land or buildings designed or adapted primarily for theprovision <strong>of</strong> educational, social and recreational facilities and services by organisations involvedin activities for community benefit.conference centre: means any land or buildings or parts <strong>of</strong> buildings used for the purposes <strong>of</strong>conferences, meetings, workshops or training courses, where the majority <strong>of</strong> those inattendance are <strong>no</strong>t everyday occupiers or users <strong>of</strong> the site.conservation: means, in relation to any place or heritage precinct, the management <strong>of</strong> thatplace or precinct in a manner that will:-(a)(b)enable the cultural heritage significance <strong>of</strong> that place or precinct to be retained; andyield the greatest sustainable benefit for the present community without diminishing thecultural heritage significance <strong>of</strong> that place or precinct, and may include the preservation,stabilisation, protection, restoration, reconstruction, adaptation and maintenance <strong>of</strong> thatplace or precinct in accordance with relevant pr<strong>of</strong>essional standards, and the provision <strong>of</strong>an appropriate visual setting.conservation area: means an area <strong>of</strong> heritage value having a distinctive nature, which maycontain elements <strong>of</strong> only mi<strong>no</strong>r individual significance but heightened collective significance,and within whose boundaries controls may be necessary to retain and enhance its character.consulting rooms: means premises used by <strong>no</strong> more than two practitioners for theinvestigation and/or treatment <strong>of</strong> physical or mental injuries or ailments (<strong>no</strong>t including a hospital)in the practice <strong>of</strong> a pr<strong>of</strong>ession <strong>of</strong> a person who is a legally qualified medical practitioner, dentist,physiotherapist, chiropractor, podiatrist or similar practitioner, but does <strong>no</strong>t include a masseurand does <strong>no</strong>t include premises practising therapeutic massage or similar services.consulting rooms group: means premises used by more than two practitioners for theinvestigation and/or treatment <strong>of</strong> physical or mental injuries or ailments (<strong>no</strong>t including a hospital)in the practice <strong>of</strong> a pr<strong>of</strong>ession <strong>of</strong> a person who is a legally qualified medical practitioner, dentist,physiotherapist, chiropractor, podiatrist or similar practitioner, and may include ancillaryservices such as pharmacists, pathologists and radiologists, but does <strong>no</strong>t include a masseurand does <strong>no</strong>t include premises practising therapeutic massage or similar services.Council: means the executive body <strong>of</strong> the <strong>Town</strong> <strong>of</strong> <strong>Cambridge</strong>.cultural heritage significance: means, in relation to a conservation area or place, the relativevalue which that place or precinct has in terms <strong>of</strong> its aesthetic, historic, scientific or socialsignificance, for the present community and future generations.cultural use: means any use aimed at the improvement or refinement <strong>of</strong> people byentertainment and/or education.Schedule 1: Definitions 43


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)curtilage: in relation to a dwelling means the yard <strong>of</strong> the dwelling, or an area in the immediatevicinity <strong>of</strong> the dwelling on the same lot used for purposes ancillary to the dwelling. <strong>The</strong> curtilageshall <strong>no</strong>t include the area located between the street frontage <strong>of</strong> the lot and the dwelling thereonexcept with the special approval <strong>of</strong> the Council. <strong>The</strong> term shall have a like meaning in relationto land around buildings other than dwellings.development: has the same meaning as is given to it in the Act but includes-(a) an advertisement; and(b) in relation to any conservation place, any act or thing that is likely to significantlychange the external character <strong>of</strong> the building, object or place.dry cleaning premises: means any land or buildings used for the cleaning <strong>of</strong> garments andother fabrics by chemical processes.educational establishment: means a school, college, university, technical institute, academyor other educational centre, but does <strong>no</strong>t include a reformatory.facade: means the exposed faces <strong>of</strong> a building towards roads or open space or the frontaloutward appearance <strong>of</strong> the building.fish shop: means a building where wet fish and similar foods are displayed and <strong>of</strong>fered forsale.floor area <strong>of</strong> a building: means -(a) for a private residential building - the meaning outlined in the definition <strong>of</strong> plot ratio inthe Residential Design Codes;(b) for a <strong>no</strong>n-private residential building - the gross total area <strong>of</strong>:-(i) each <strong>of</strong> the floors <strong>of</strong> a lodging house; or(ii) those parts <strong>of</strong> each <strong>of</strong> the floors used for residential purposes <strong>of</strong> a hotel, a motel,a serviced apartment, a private hotel, an educational establishment, aninstitutional building or a hospital which accommodates members <strong>of</strong> the staff <strong>of</strong>the hospital, including the area <strong>of</strong> passages, lobbies, amenities and accessways,but shall <strong>no</strong>t include the area <strong>of</strong> lift shafts, stairs, plant rooms, <strong>no</strong>n-habitablefloorspace in basements, private car parks and any portion <strong>of</strong> an open balconywhich portion is <strong>of</strong> <strong>no</strong>t more than 2.4 metres in depth provided that the longestopen side <strong>of</strong> the balcony has <strong>no</strong> enclosure other than a balustrade <strong>of</strong> <strong>no</strong>t morethan 1.05 metres in height and to which there is <strong>no</strong> access other than by way <strong>of</strong>the tenancy <strong>of</strong> which it forms an exclusive part; and(c) for a <strong>no</strong>n-residential building - the gross total area <strong>of</strong> each <strong>of</strong> the floors <strong>of</strong> the buildingincluding the area <strong>of</strong> car parking spaces in public fee-paying car parks but shall <strong>no</strong>tinclude the area <strong>of</strong> private car parks, the areas <strong>of</strong> lift shafts, stairs, toilets, amenities,plant rooms and the thickness <strong>of</strong> any external walls.frontage: means the boundary line or lines between land and the street or streets uponwhich that land abuts.funeral parlour: means any land or buildings occupied by an undertaker where bodies arestored and prepared for burial or cremation.garage sale: means the use <strong>of</strong> a residential property for the sale <strong>of</strong> second hand goods for aperiod <strong>of</strong> <strong>no</strong>t more than twelve consecutive hours where:-Schedule 1: Definitions 44


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)and includes, when carried out on land upon which the process is carried out and in connectionwith that process, the storage <strong>of</strong> goods, any work <strong>of</strong> administration or accounting, or thewholesaling <strong>of</strong>, or the incidental sale <strong>of</strong> goods resulting from the process, and the use <strong>of</strong> landfor the amenity <strong>of</strong> persons engaged in the process, but does <strong>no</strong>t include:-(i) the carrying out <strong>of</strong> agriculture;(ii) on-site work on buildings or land; and(iii) in the case <strong>of</strong> edible goods the preparation <strong>of</strong> food for retail sale from the premises.industry - general: means an industry other than a cottage, extractive, hazardous, light,<strong>no</strong>xious, rural or service industry.industry - hazardous: means an industry which, when in operation and when all measuresproposed to minimise its impact on the locality have been employed (including measures toisolate the industry from existing or likely future development on other land in the locality),would pose a significant risk in relation to the locality, to human health, life or property, or to thebiophysical environment. Examples <strong>of</strong> such industry include oil refineries and chemical plantsbut would generally exclude light, rural or service industries.industry - light: means an industry:-(a) in which the processes carried on, the machinery used, and the goods and commoditiescarried to and from the premises, will <strong>no</strong>t cause any injury to, or will <strong>no</strong>t adversely affectthe amenity <strong>of</strong> the locality by reason <strong>of</strong> the emission <strong>of</strong> light, <strong>no</strong>ise, electrical interference,vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water or otherwaste products; and(b)the establishment <strong>of</strong> which will <strong>no</strong>t, or the conduct <strong>of</strong> which does <strong>no</strong>t, impose an undueload on any existing or proposed service for the supply or provision <strong>of</strong> water, gas,electricity, sewerage facilities, or any other like services.industry - <strong>no</strong>xious: means an industry which is subject to licensing as Prescribed Premisesunder the Environmental Protection Act 1986 (as amended).industry - service: means a light industry carried out on land or in buildings which have a retailshop front and from which goods manufactured on the premises may be sold; or land andbuildings having a retail shop front and used as a depot for receiving goods to be serviced.land: shall have the same meaning given to the term in and for the purposes <strong>of</strong> the Act.landscaped area: means any area developed by the planting <strong>of</strong> lawns, garden beds, shrubsor trees and includes any area developed with rockeries, ornamental ponds, swimmingpools, barbecue areas or children's playgrounds and includes any other area approved bythe Council as landscaped area.local shop: means a shop in which the only goods <strong>of</strong>fered for sale are a combination <strong>of</strong>foodstuffs, toiletries, stationery, or goods <strong>of</strong> a similar domestic nature intended for the day today consumption or use by persons living or working in the locality <strong>of</strong> the shop, and mayinclude the preparation and sale <strong>of</strong> food for consumption on the premises where this isincidental to the predominant use <strong>of</strong> the land.lodging house: shall have the same meaning as is given to the term in and for the purposes <strong>of</strong>the Health Act 1911 (as amended).Schedule 1: Definitions 46


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)lot: shall have the same meaning given to the term in and for the purposes <strong>of</strong> the Act, andallotment has the same meaning.market: means any land or buildings used for a fair, a farmer's or producer's market or a swapmeetin which the business or selling carried on or the entertainment provided is byindependent operators or stallholders carrying on their business or activities independently <strong>of</strong>the market operator save for the payment where appropriate <strong>of</strong> a fee or rental.massage rooms: means premises primarily used by a masseur or which primarily providetherapeutic massage or similar services.Metropolitan Region Scheme: means the Metropolitan Region Scheme made pursuant to theMetropolitan Region <strong>Town</strong> Planning Scheme Act 1959 published in the Government Gazette <strong>of</strong>August 9 1963 and as amended from time to time.Minister: means the Minister for Planning or the Minister <strong>of</strong> the <strong>Western</strong> AustralianGovernment responsible for <strong>town</strong> <strong>planning</strong>.motel: means any land or buildings used or intended to be used to accommodate patrons in amanner similar to a hotel but in which special provision is made for the accommodation <strong>of</strong>patrons with motor vehicles and to which a licence under the Liquor Licensing Act 1988 hasbeen granted.motor vehicles and marine sales premises: means any land or buildings used for the displayand sale <strong>of</strong> new or second hand motor-cycles, cars, trucks, caravans and boats or any one ormore <strong>of</strong> them and may include the servicing <strong>of</strong> motor vehicles sold from the site.motor vehicle wash: means any land or buildings where vehicles are washed and cleaned byor primarily by mechanical means.Municipal Inventory: means the Municipal Inventory, as amended from time to time, preparedby the Council pursuant to Section 45 <strong>of</strong> the Heritage <strong>of</strong> <strong>Western</strong> Australia Act 1990 (asamended).net floor area: for the purposes <strong>of</strong> determining car parking requirements under the parkingpolicy, has the same meaning as “floor area <strong>of</strong> a building”, but does <strong>no</strong>t include any area <strong>of</strong>public fee paying car parks.night club: means any land or buildings used for entertainment and/or eating facilities and towhich a licence under the provisions <strong>of</strong> the Liquor Licensing Act 1988 has been granted.<strong>no</strong>n-conforming use: means any use <strong>of</strong> land or building which, was lawful immediately prior tothe coming into operation <strong>of</strong> this Scheme, but is <strong>no</strong>t in conformity with the provisions <strong>of</strong> thisScheme.nursing home: means any building used for the accommodation and care <strong>of</strong> aged persons.<strong>of</strong>fice: means a building or part <strong>of</strong> a building used for the conduct <strong>of</strong> administration, the practise<strong>of</strong> a pr<strong>of</strong>ession, the carrying on <strong>of</strong> agencies, a post <strong>of</strong>fice, bank, building society, insurance<strong>of</strong>fice, estate agency, typist and secretarial services, or services <strong>of</strong> a similar nature, and where<strong>no</strong>t conducted on the site there<strong>of</strong>, the administration <strong>of</strong> or the accounting in connection with acommercial or industrial undertaking.Schedule 1: Definitions 47


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)open air display: means the use <strong>of</strong> land as a site for the display and/or sale <strong>of</strong> goods andequipment.owner: in relation to any land includes the Crown and every person who jointly or severallywhether at law or in equity:-(a) is entitled to the land for an estate in fee simple in possession; or(b) is a person to whom the Crown has lawfully contracted to grant the fee simple <strong>of</strong> the land;or(c) is a lessor or licensee from the Crown; or(d) is entitled to receive or is in receipt <strong>of</strong>, or if the land were let to a tenant, would be entitledto receive the rents and pr<strong>of</strong>its there<strong>of</strong>, whether as a beneficial owner, trustee, mortgageein possession, or otherwise.park home: means a movable dwelling, <strong>no</strong>t being a vehicle as defined under the Road TrafficAct 1974 (as amended), but constructed and maintained on its own chassis and wheels andcapable <strong>of</strong> mobility at all times although stabilised by jacks and provided with skirtings andbeing so designed and constructed as to permit independent occupancy for dwelling purposes.petrol and convenience store: means any land and or buildings used for the retail sale <strong>of</strong>convenience goods being those goods commonly sold in supermarkets, delicatessens andnewsagents, but including the sale <strong>of</strong> petrol and operated during hours which include, but whichmay extend beyond <strong>no</strong>rmal trading hours and providing associated parking. <strong>The</strong> buildingsassociated with a convenience store shall <strong>no</strong>t exceed 300 m² gross leasable area.place: means an area <strong>of</strong> land sufficiently identified by survey, description or otherwise as to bereadily ascertainable, and includes:-(a) an area <strong>of</strong> land situated below low water mark on the seashore or on the bank <strong>of</strong> tidalwaters, or in the bed <strong>of</strong> any watercourse, lake or estuary;(b) any works or buildings situated there, their contents relevant to the purpose <strong>of</strong> thisScheme, and such <strong>of</strong> their immediate surroundings as may be required for the purposes<strong>of</strong> the conservation <strong>of</strong> those works or buildings; and(c) as much <strong>of</strong> the land beneath the place as is required for the purposes <strong>of</strong> its conservation.plot ratio: means the ratio <strong>of</strong> the floor area <strong>of</strong> a building to the area <strong>of</strong> land within theboundaries <strong>of</strong> the lots on which that building is located except for residential developmentwhere the term shall have the same meaning given to it in the Residential Design Codes.precinct: means an area or neighbourhood <strong>of</strong> limited size having:-(a) a similar use or other characteristics; and(b) specified boundaries.precinct <strong>planning</strong> policy: means a <strong>planning</strong> policy setting out the <strong>planning</strong> intentions for aparticular precinct.predominant use: is the use <strong>of</strong> land to which all other uses carried out on that land aresubordinate, incidental or ancillary.prison: shall have the same meaning given to it in and for the purposes <strong>of</strong> the Prisons Act1981 (as amended).Schedule 1: Definitions 48


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)private hotel: means any land or buildings used for residential purposes the subject <strong>of</strong> aLimited Hotel Licence granted under the provisions <strong>of</strong> the Liquor Licensing Act 1988 (asamended).public authority: shall have the same meaning given to it in and for the purposes <strong>of</strong> the Act.public parking station: means any land or building or part <strong>of</strong> a building open to the publicgenerally for the parking <strong>of</strong> vehicles for which payment <strong>of</strong> a fee or charge may be required, andincludes the use <strong>of</strong> the land or building for that purpose.public utility: means any work or undertaking constructed or maintained by a public authorityor the Council as may be required to provide water, sewerage, electricity, gas, drainage,communications or other similar services.public worship - place <strong>of</strong>: means any land or buildings used primarily for religious activitiesbut does <strong>no</strong>t include an institution for primary, secondary, or higher education, or a residentialtraining institution.reception centre: means any land or buildings used by parties for functions on formal orceremonial occasions, but <strong>no</strong>t for unhosted use for general entertainment purposes.recreation private: means land used for parks, gardens, playgrounds, sports arenas, or othergrounds for recreation which are <strong>no</strong>t usually open to the public without charge.recreation public: means land used for a public park, public gardens, foreshore reserve,playground or other grounds for recreation which are usually open to the public without charge.reformatory: means land or buildings used for the confinement or detention in custody <strong>of</strong>juvenile <strong>of</strong>fenders against the law with a view to their rehabilitation.reserve: means any land reserved for a public purpose.Residential Design Codes: means the Residential Design Codes, in the <strong>Western</strong> AustralianPlanning Commission's State Planning Policy 3.1.restaurant: means a building wherein food is prepared for sale and consumption on thepremises and the expression shall include a licensed restaurant.restricted premises: means any land or building, part or parts there<strong>of</strong>, used or designed to beused primarily for the sale <strong>of</strong> retail or wholesale, or the <strong>of</strong>fer for hire, loan or exchange, or theexhibition, display or delivery <strong>of</strong>:-(a) publications that are classified as restricted publications pursuant to the IndecentPublications and Articles Act 1902 (as amended); or(b) materials, compounds, preparations or articles which are used or intended to be usedprimarily in or in connection with any form <strong>of</strong> sexual behaviour or activity.retail: means the sale or hire <strong>of</strong> products, goods or services to the public generally in smallquantities and from a shop, showroom or fast food outlet.retail floor area: means the floor area <strong>of</strong> each <strong>of</strong> the floors <strong>of</strong> a building used for the displayor sale <strong>of</strong> goods, but does <strong>no</strong>t include floor areas used for concealed storage, foodpreparation, a workshop or a toilet.Schedule 1: Definitions 49


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)retirement village: means a development containing accommodation for aged personstogether with ancillary facilities.service station: means any land or buildings used for the retail sale <strong>of</strong> petroleum products andmotor vehicle accessories and for carrying out greasing, tyre repairs, mi<strong>no</strong>r mechanical repairsto motor vehicles but does <strong>no</strong>t include a transport depot, panel beating, spray painting, majorrepairs or wrecking.serviced apartments: means a building or buildings which include self-contained units fortransient accommodation.shop: means any building wherein goods are kept, exposed or <strong>of</strong>fered for sale by retail, orwithin which services <strong>of</strong> a personal nature are provided (including a hairdresser, beautytherapist or manicurist) but does <strong>no</strong>t include a showroom, fast food outlet, any premisesinvolving the sale <strong>of</strong> petrol, or any other premises specifically defined elsewhere in this part.showroom: means any building or part <strong>of</strong> a building used or intended for use for the purpose <strong>of</strong>displaying or <strong>of</strong>fering for sale by wholesale or retail, automotive spare parts, carpets, largeelectrical appliances, furniture, hardware or goods <strong>of</strong> a bulky nature but does <strong>no</strong>t include thesale by retail <strong>of</strong> foodstuffs, liquor or beverages, items <strong>of</strong> clothing or apparel, magazines,newspapers, books or paper products, china, or glassware, or items <strong>of</strong> personal adornment.sign: means a <strong>no</strong>tice, message or display by means <strong>of</strong> a freestanding or fixed sign or hoarding.storage yard: means any land used for the open air storage <strong>of</strong> goods.storey: means that portion <strong>of</strong> a building which is situated between the top <strong>of</strong> any floor andthe top <strong>of</strong> the floor next above it and if there is <strong>no</strong> floor above it, that portion between the top<strong>of</strong> the floor and the ceiling above it but does <strong>no</strong>t include any portion <strong>of</strong> a building used solelyfor car parking and having 50% or more <strong>of</strong> its volume below natural ground level.street alignment: means the boundary between the land comprising a street and the landabutting it, but, where a new street alignment is prescribed, means the boundary betweenthat land and that new street alignment.streetscape:(a) means the total visual impression gained from any one location within a streetincluding the natural and man made elements; and(b) is made up <strong>of</strong> the appearance <strong>of</strong> and the relationships between buildings in terms <strong>of</strong>design, scale, materials, colours, finishes, signs, external furniture, paving materials forroads, footpaths and landscaping.take-away food outlet: means any land or buildings used for the preparation, sale and serving<strong>of</strong> food to customers in a form ready to be eaten without further preparation primarily <strong>of</strong>f thepremises, but does <strong>no</strong>t include a take-away food outlet (drive through).take-away food outlet (drive through): means any land or buildings used for the preparation,sale and serving <strong>of</strong> food to customers in a form ready to be eaten without further preparationprimarily <strong>of</strong>f the premises, where facilities are provided for the serving <strong>of</strong> customers with foodwithin their vehicles.tavern: means any land or buildings the subject <strong>of</strong> a Tavern Licence granted under theprovisions <strong>of</strong> the Liquor Licensing Act 1988.Schedule 1: Definitions 50


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)telecommunications infrastructure: means any part <strong>of</strong> infrastructure <strong>of</strong> a telecommunicationsnetwork and includes any line, equipment, apparatus, tower, antenna, tunnel, duct, hole, pit orother structure used, or for use, in or in connection with a telecommunications network.<strong>Town</strong>: means the municipal area <strong>of</strong> the <strong>Town</strong> <strong>of</strong> <strong>Cambridge</strong>.veterinary clinic: means a building in which a veterinary surgeon or veterinarian treats themi<strong>no</strong>r ailments <strong>of</strong> domestic animals and household pets as patients but in which animals orpets do <strong>no</strong>t remain overnight, and may include a dispensary <strong>of</strong> medications incidental thereto.veterinary hospital: means a building used in connection with the treatment <strong>of</strong> animal injuriesand ailments, and includes the care and accommodation <strong>of</strong> animals during or after suchtreatment.warehouse: means a building wherein goods are stored and may be <strong>of</strong>fered for sale bywholesale.wholesale: means the sale <strong>of</strong> any goods to any person or persons other than the ultimateconsumer <strong>of</strong> those goods by a person or his trustee, registered as a 'wholesale merchant' forSales Tax purposes under the provisions <strong>of</strong> the Sales Tax Assessment Act No. 1 1930 (asamended).wine house: means any land or buildings the subject <strong>of</strong> a Wine House Licence granted underthe provisions <strong>of</strong> the Liquor Licensing Act 1988 (as amended).zone: means a portion <strong>of</strong> the Scheme Area shown on the map by distinctive colouring,patterns, symbols, hatching, or edging for the purpose <strong>of</strong> indicating the restrictions imposed bythe Scheme on the use and development <strong>of</strong> land, but does <strong>no</strong>t include reserved land.Schedule 1: Definitions 51


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)SCHEDULE 2 - ADDITIONAL USESNo.LandParticulars1. Lot 5 (No. 10)and Lot 4 (No.12) AbbotsfordStreet, WestLeedervilleAdditional UsesAdministrativeOffices, Training(staff and patient),Treatment(includingPsychiatric andIncidental<strong>The</strong>rapies), StaffAccommodationand Storage; all <strong>of</strong>those uses beingassociated withexisting Hospitallocated on Lots 1,181 and 50, Nos 61-69, <strong>Cambridge</strong>Street, WestLeedervilleDevelopment Standards/Conditions1. <strong>The</strong> additional uses shall be carried outwithin and confined to the existing buildingson site.2. In the event that:(a) any <strong>of</strong> the buildings is removed,destroyed or damaged to the extent thatthe replacement cost would onindependent expert assessment be 75%or more <strong>of</strong> the value <strong>of</strong> the buildingimmediately prior to removal destructio<strong>no</strong>r damage; or(b) any <strong>of</strong> the buildings is <strong>no</strong>t used for anylawful purpose including the additionaluses for 6 consecutive months or more;or(c) any <strong>of</strong> the building ceases to beoccupied by and in connection with theHospital referred to in the AdditionalUses column then the land is <strong>no</strong>tthereafter to be used for any purposeother than a purpose approved by theCouncil and in accordance with theZoning Table.3. Notwithstanding the permitted additionaluses, <strong>no</strong> area shown on the approved plans(approved by the Council on 23 June, 1998and dated accordingly) as „Amenities‟, „Store‟„Kitchen‟, „Kitchenette‟, „Hallway‟ or„Verandah‟ is to be used for any purposeother than that an<strong>no</strong>tated on the approvedPlans.4. <strong>The</strong> additional uses prescribed herein relateonly to activities associated with existingHospital referred to in the Additional Usescolumn, and <strong>no</strong> part <strong>of</strong> the land is to be usedfor any purposes which are independent <strong>of</strong>the Hospital.5. A total <strong>of</strong> 4 vehicle parking bays shall beprovided at the rear <strong>of</strong> the building on Lot 5,or such other location as approved by theCouncil.Schedule 2: Additional Uses 52


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)2 Lot 4 (No. 17)Kerr Street,WestLeedervilleOffice and storagefor adjoining taver<strong>no</strong>n Lot 101 (No. 95-99) <strong>Cambridge</strong>Street, WestLeederville1. <strong>The</strong> additional uses shall be carried outwithin and confined to the existing buildingand its curtilage.2. <strong>The</strong> additional uses prescribed herein relateonly to activities associated with existingtavern referred to in the Additional Usescolumn, and <strong>no</strong> part <strong>of</strong> the land is to be usedfor any purposes which are independent <strong>of</strong>the tavern.3. Storage must be confined to areas wherestored material can<strong>no</strong>t be seen from KerrStreet and there is to be <strong>no</strong> storage in thesetback area between the house and theneighbouring residential property to thesouth.4. All deliveries <strong>of</strong> goods are to occur from thecarpark <strong>of</strong> the tavern, and <strong>no</strong> deliveries areto be made from Kerr Street.5. No signage is permitted on the property.6. <strong>The</strong> residential character <strong>of</strong> the property is tobe maintained.7. That there be <strong>no</strong> activity on the property thatwould interfere with the amenity <strong>of</strong> theresidential neighbourhood whether byreason <strong>of</strong> the emission <strong>of</strong> light, <strong>no</strong>ise, fumes,odours, dust, vibration, electricalinterference, waste water or other wasteproducts or by any other means.8. In the event that:-(a) the building is removed, destroyed ordamaged to the extent that thereplacement cost would on independentexpert assessment be 75% or more <strong>of</strong>the value <strong>of</strong> the building immediatelyprior to removal, destruction or damage;or(b) any <strong>of</strong> the buildings is <strong>no</strong>t used for anylawful purpose including the additionaluses for 6 consecutive months or more;or(c) any <strong>of</strong> the building ceases to beoccupied by and in connection with thetavern referred to in the Additional Usescolumn;Schedule 2: Additional Uses 53


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)then the land is <strong>no</strong>t thereafter to be used forany purpose other than a purpose approvedby the Council and in accordance with theZoning Table.9. No more than two employees occupying the<strong>of</strong>fice at any one time.3 Lot 4 (No. 134)Salvado Road,Wembley4 Lot 10comprisingStrata Lot 2(No. 272) andStrata Lot 1(No. 274)<strong>Cambridge</strong>Street,Wembley5 Lot 353 (No.24) FloreatAvenue, FloreatCar parkingMedical Centre andPharmacyConsulting RoomsGroup – DentalSurgery1. <strong>The</strong> additional uses shall be carried outwithin and confined to the subject site and itscurtilage.2. <strong>The</strong> use <strong>of</strong> Lot 4, Salvado Road, Wembleyshall only be in association with and relatedto the uses on Lots 55, 56 and 57<strong>Cambridge</strong> Street, Wembley.3. <strong>The</strong> provision <strong>of</strong> vehicular access to Lot 4from Salvado Road will be subject to detailedtraffic analysis in considering anydevelopment application for the site.4. In addition to the permitted additional use forcar parking, the site is to be landscaped andreticulated to include suitable screeningalong Salvado Road and abutting lots andshall include the planting <strong>of</strong> trees within thesite to the satisfaction <strong>of</strong> the Council.1. <strong>The</strong> maximum height <strong>of</strong> the building shall betwo storeys.2. <strong>The</strong> setbacks for any new building shall <strong>no</strong>tbe less than the setbacks prescribed by theResidential Design Codes. Where a setbackis provided it will predominantly belandscaped.3. A maximum <strong>of</strong> five practitioners at any onetime will operate from the medical centre.4. Parking provision to fully satisfy Councilpolicy.1. <strong>The</strong> design <strong>of</strong> the building to be inaccordance with the Residential DesignCodes and the <strong>Town</strong>'s Residential PlanningPolicies, unless specified otherwise;2. Provision <strong>of</strong> open space may be less than55%. All open space areas shall be wellmaintained gardens and mature vegetationalong property boundaries to be retained;3. No car-parking to be located in the primarySchedule 2: Additional Uses 54


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)street setback area;4. Car parking areas to be screened fromadjacent residential properties and from thestreet and <strong>no</strong>ise attenuation measures to beprovided;5. A maximum <strong>of</strong> four practitioners can operatefrom the dental surgery at any one time;6. Signage to be limited to one sign identifyingthe name <strong>of</strong> the building, to a maximum size<strong>of</strong> 0.2m 2 ;7. Parking to be provided in accordance withthe <strong>Town</strong>'s Planning Scheme parkingrequirements;8. Upper storey windows with views toadjoining residential properties to haveobscure glazing or to be highlight windows(1.6 metres above finished floor level);9. A boundary wall <strong>of</strong> brick or masonryconstruction along the boundary with No.22Floreat Avenue and behind the 9.0 metresfront setback is required as part <strong>of</strong> anydevelopment on the site, which shall be 2.5metres in height as measured from theNo.22 Floreat Avenue side;10.<strong>The</strong> dental surgery operating hours shall onlybe between 7am and 6pm Monday to Fridayand 7pm and 2pm Saturday;11.Requirements under the EnvironmentalProtection (Noise) Regulations 1997 relatingto the operations on the site to be met.Schedule 2: Additional Uses 55


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)SCHEDULE 3 - SPECIAL USE ZONESNo.Description <strong>of</strong>Land1 Lot 1WollastonRoad, CityBeachSpecial UsesWollaston<strong>The</strong>ologicalCollege andancillary buildingsand facilities whichin the opinion <strong>of</strong>Council areancillary to thepurposes <strong>of</strong> the<strong>The</strong>ologicalCollegeDevelopment Standards/ConditionsAs determined by Council2 Lots 1 and 537(Nos. 41 - 45)McCourtStreet, WestLeedervilleLand uses to be inaccordance withthe provisions <strong>of</strong>the 'Medical Zone'with the exceptio<strong>no</strong>f the area coveredby Lot 537 (beingthe area measuredgenerally 14metres from the<strong>no</strong>rthern boundary<strong>of</strong> the site) whichshall be restrictedin land use to'Residential R60'and to car parkingwhich may formpart <strong>of</strong> anintegrateddevelopmentassociated withadjoining medicalfacilities.Plot ratio: 1.55:1.0Height: Buildings fronting <strong>Cambridge</strong> Streetshall be limited in height to 4 storeys and shalltransition down to a maximum height <strong>of</strong> 3storeys at a distance <strong>no</strong> closer than 5.3metres from the <strong>no</strong>rthern boundary <strong>of</strong> the site.Parking: A Parking Management Plan shallaccompany any Development Application forthe site.Access: Vehicular access to the site shall belimited to the <strong>Cambridge</strong> Street and theWoolcott Lane frontages <strong>of</strong> the site.Residential: Residential development is tocomply with the Residential Design CodesR60 standards. Architectural and landscapingtreatments to the frontage <strong>of</strong> the residentialdevelopment at ground floor level shall be inkeeping with the residential streetscape.General: Any other relevant developmentstandard in the Scheme shall apply.Schedule 3: Special Use Zones 56


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)SCHEDULE 4 - APPLICATION FOR PLANNING APPROVALTOWN PLANNING SCHEME NO. 1SITE:Lot No:Street:Lot Size:House No:Suburb:Property No._______DA-20____Loc. No: Diagram/Plan: Cert. <strong>of</strong> Title: Vol: Folio:PROPOSED DEVELOPMENT:Description <strong>of</strong> Proposed Development:Estimated Value <strong>of</strong> Construction Work (Excl. GST): $LAND OWNER(S):First Name:Surname:First Name:Surname:Address:Telephone No: Work: Home:Mobile:Fax No:Email:Signature 1 : Signature 1 :Date:Date:APPLICANT:Name/Company:Address:Contact Person:Telephone No:Fax No:Signature:Mobile:Email:Date:NOTES: 1. <strong>The</strong> signature <strong>of</strong> the land owner(s) is required for all <strong>planning</strong> applications. This applicationwill <strong>no</strong>t proceed without the above signature(s). Company owned properties requireauthorised signatory pro<strong>of</strong>.2. This form is <strong>no</strong>t to be used for applications to the <strong>Western</strong> Australian Planning Commission.3. Three copies, to scale, <strong>of</strong> site plans, floor plans and elevations are to be submitted with thisapplication.OFFICE USE ONLY:DA Fee: $ Receipt No:Schedule 4: Application for Planning Approval 57


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)SCHEDULE 5 - NOTICE OF PUBLIC ADVERTISEMENT OFAPPLICATION FOR PLANNING APPROVALTOWN OF CAMBRIDGETOWN PLANNING SCHEME NO. 1NOTICE OF PUBLIC ADVERTISEMENT OF APPLICATION FORPLANNING APPROVALIt is HEREBY NOTIFIED for public information and comment that the Council has receivedan application for <strong>planning</strong> approval to develop land for the purpose described hereunder:LAND DESCRIPTION:LOT NO:………………………………...STREET NO:…………………………..STREET:……………………………………………………......................................SUBURB:……………………………………………………………………………….PROPOSAL:…………………………………………………………………………………………...…….……………………………………………………………………..…………………………………….……………………………………………………………………..………………………………Details <strong>of</strong> the proposal are available for inspection at the Council <strong>of</strong>fices. Comments on theproposal may be submitted to the Council in writing before close <strong>of</strong> business on the ………..day<strong>of</strong> ……………….20………………………………………….CHIEF EXECUTIVE OFFICERDATE……………….……………..Schedule 5: Notice <strong>of</strong> Public Advertisement <strong>of</strong> Application for Planning Approval 58


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)SCHEDULE 6 - NOTICE OF PLANNING APPROVAL /REFUSALTOWN OF CAMBRIDGETOWN PLANNING SCHEME NO. 1N O T I C E O F P L A N N I N G A P P R O V A LOWNER:NameStreetSuburb State PostcodeAPPLICANT:NameStreetSuburb State PostcodeDEVELOPMENT:SITE:APPROVAL DATE:InsertLot No (Street No) StreetSuburb WA PostcodeDateApproval to commence development in accordance with the Application lodged on < Date>is granted subject to the Schedule <strong>of</strong> Conditions specified hereunder.This approval is valid for a period <strong>of</strong> 24 months from the date <strong>of</strong> this <strong>no</strong>tice. If developmentis <strong>no</strong>t substantially commenced within this period, a fresh approval must be obtained beforecommencing or continuing development.Except where the land the subject <strong>of</strong> this approval is the subject <strong>of</strong> a <strong>no</strong>tice under Clause 32<strong>of</strong> the Metropolitan Region Scheme or is reserved by that Scheme, this approval shall bedeemed to be an approval under the Metropolitan Region Scheme.Should the applicant be aggrieved by this decision, a right <strong>of</strong> review may exist pursuant tothe State Administrative Tribunal Act 2004. A request for review should be made within 28days <strong>of</strong> <strong>no</strong>tice <strong>of</strong> this decision to the State Administrative Tribunal.SCHEDULE OF CONDITIONSADVICE TO THE APPLICANTIn addition to the above conditions, the applicant is advised that a number <strong>of</strong> otherrequirements may apply to the development under other legislation, including, but <strong>no</strong>t limitedto:Schedule 6: Notice <strong>of</strong> Planning Approval/Refusal 59


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)1. This is a Development Approval <strong>of</strong> the <strong>Town</strong> <strong>of</strong> <strong>Cambridge</strong> under its <strong>Town</strong> PlanningScheme No. 1 and related policies. It is <strong>no</strong>t a building licence or an approval tocommence or carry out development under any other law. It is the responsibility <strong>of</strong> theapplicant to obtain any other necessary approvals, consents and licences requiredunder any other law, and to commence and carry out development in accordance withall relevant laws.2. This approval is <strong>no</strong>t an authority to ig<strong>no</strong>re any constraint to development on the land,which may exist through statute, regulation, contract or on title, such as an easementor restrictive covenant. It is the responsibility <strong>of</strong> the applicant and <strong>no</strong>t the <strong>Town</strong> toinvestigate any such constraints before commencing development. This approval will<strong>no</strong>t necessarily have regard to any such constraint to development, regardless <strong>of</strong>whether or <strong>no</strong>t it has been drawn to the <strong>Town</strong>‟s attention.*****PLEASE NOTE: THIS APPROVAL IS NOT A BUILDING PERMIT*****DIRECTORDEVELOPMENT AND SUSTAINABILITYISSUE DATE: dd/mm/201yContact Officer: Insert name (tel: insert <strong>no</strong>)Schedule 6: Notice <strong>of</strong> Planning Approval/Refusal 60


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)SCHEDULE 7 - PROVISIONS FOR OUTLINEDEVELOPMENT PLANSGeneral Purpose <strong>of</strong> this Schedule<strong>The</strong> purpose <strong>of</strong> this Schedule is to set out provisions for the preparation, adoption by theCouncil and endorsement <strong>of</strong> approval by the Commission <strong>of</strong> Outline Development Plans forthe purpose <strong>of</strong> Part 7 <strong>of</strong> the Scheme. It is intended that the provisions in this Schedule willapply to every Outline Development Plan required under Part 7 <strong>of</strong> the Scheme, except to theextent that provision is made in Part 7 in any way varying or modifying the requirements <strong>of</strong>this Schedule.1. Operation <strong>of</strong> Special Control Areas1.1 A Special Control Area established under Part 7 <strong>of</strong> the Scheme or otherwise is tobe shown on the Scheme Map as Special Control Area or SCA with the numberassigned to it.1.2 In respect <strong>of</strong> any Special Control Area shown on the Scheme Map, theprovisions applying to the Special Control Area in this Schedule and in clause 7apply in addition to the provisions applying to any underlying zoning or reserveand any general provisions <strong>of</strong> the Scheme.1.3 InterpretationIn this Schedule, unless the context otherwise requires:“Proposed Outline Development Plan” means an Outline Development Planprepared by one or more owners <strong>of</strong> land in a Special Control Area, or preparedby the Council and intended to be processed in accordance with the provisions<strong>of</strong> this Schedule, but which has <strong>no</strong>t been adopted by the Council and endorsedwith the approval <strong>of</strong> the Commission;“Outline Development Plan” means an Outline Development Plan which hasbeen adopted by the Council and endorsed with the approval <strong>of</strong> the Commissionin accordance with the provisions <strong>of</strong> this Schedule;“owner” means an owner or owners <strong>of</strong> land in a Special Control Area.1.4 General Purposes <strong>of</strong> Special Control AreasIn addition to any special purpose, the general purposes <strong>of</strong> Special ControlAreas are to:(a)(b)identify areas requiring comprehensive <strong>planning</strong>; andto apply specific controls for and to co-ordinate subdivision anddevelopment in areas requiring comprehensive <strong>planning</strong>.Schedule 7: Provisions for Outline Development Plans 61


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)2. Subdivision and Development in Special Control Areas2.1 <strong>The</strong> development <strong>of</strong> land within a Special Control Area is to comply with theprovisions <strong>of</strong> Part 7 relating to that Special Control Area.2.2 <strong>The</strong> subdivision and development <strong>of</strong> land within a Special Control Area is togenerally be in accordance with any Outline Development Plan that applies tothat land.3. Outline Development Plan Required3.1 <strong>The</strong> Council is <strong>no</strong>t to:(a)(b)consider recommending subdivision; orapprove development<strong>of</strong> land within a Special Control Area unless there is a ODP for the SpecialControl Area or for the relevant part <strong>of</strong> the Special Control Area.3.2 Notwithstanding the provisions <strong>of</strong> the preceding sub-clause, the Council mayrecommend subdivision or approve the development <strong>of</strong> land within a SpecialControl Area prior to an Outline Development Plan coming into effect in relationto that land, if the Council is satisfied that this will <strong>no</strong>t prejudice the specificpurposes and requirements <strong>of</strong> the Special Control Area.4. Preparation <strong>of</strong> Proposed Outline Development Plan4.1 A proposed Outline Development Plan may be prepared by:(a)(b)the Council; oran owner.4.2 A proposed Outline Development Plan may be prepared for all, or part <strong>of</strong>, aSpecial Control Area.5. Details <strong>of</strong> Proposed Outline Development Plan5.1 As applicable to the land concerned, a proposed Outline Development Plan is tocontain the following details:(a)(b)a map that shows the area to which the proposed Outline DevelopmentPlan is to apply;a Site Analysis Map showing the characteristics <strong>of</strong> the site including:(i)land form, topography and land capability;(ii) conservation and environmental values including bush land, wetlands,damp lands, any stream or watercourse, any foreshore reserve andany environmental policy area;Schedule 7: Provisions for Outline Development Plans 62


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)(iii) hydro-geological conditions, including approximate depth to watertable;(iv) sites and features <strong>of</strong> Aboriginal and European heritage value;(c)a map showing proposals for:(i)location <strong>of</strong> residential cells;(ii) street block layout;(iii) the street network including street types;(iv) any cycle and pedestrian path or network;(v) provision for public open space;(vi) finished contours;(vii) residential densities;(viii) provision for all services including drainage, sewerage, water supplyand electricity;(ix) illustration <strong>of</strong> connection with surrounding areas;(d)a written report to explain the mapping and to address the following:(i)the <strong>planning</strong> framework for the Outline Development Plan includingany policies, strategies and Scheme provisions which apply to theland, and any environmental conditions which apply under the Schemeor otherwise;(ii) the site analysis including reference to the matters listed in (b) above;(iii) how <strong>planning</strong> for the area in the Outline Development Plan is to beintegrated with the surrounding land;(iv) the design rationale for the proposed pattern <strong>of</strong> subdivision, land useand development;(v) traffic management and safety;(vi) parkland provision and management;(vii) proposals for access to or use <strong>of</strong> public utilities including sewerage,water supply, drainage, gas, electricity and communication services;(viii) the proposed method <strong>of</strong> implementation including any cost sharingarrangements and details <strong>of</strong> any staging <strong>of</strong> subdivision anddevelopment;Schedule 7: Provisions for Outline Development Plans 63


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)(ix) the manner in which any specific matter referred to in Part 7 relating tothe relevant Special Control Area is to be addressed;(x) a Management Plan for the protection <strong>of</strong> adjacent bush land areas;(xi) evidence that all environmental analysis required for the ODP hasbeen carried out to the satisfaction <strong>of</strong> the Department <strong>of</strong>Environmental Protection;(xii) proposed development programme.5.2 <strong>The</strong> maps referred to in the preceding sub-clause are to:(a)(b)be drawn to a scale that clearly illustrates the details referred to; andinclude a <strong>no</strong>rth point, visual bar scale, key street names and a drawingtitle and number.5.3 A Proposed Outline Development Plan may, to the extent that it does <strong>no</strong>t conflictwith the Scheme, impose a classification on the land included in it by referenceto reserves, zones or the Residential Design Codes, and where the ProposedOutline Development Plan becomes an Outline Development Plan, the localgovernment is to have due regard to such reserves, zones or Residential DesignCodes when recommending subdivision or approving development <strong>of</strong> land withina Development Area.5.4 A Proposed Outline Development Plan must, in the opinion <strong>of</strong> the localgovernment, be consistent with orderly and proper <strong>planning</strong>.6. Submission to Local Government and Commission6.1 A Proposed Outline Development Plan prepared by an owner is to be submittedto the local government.6.2 Within 7 days <strong>of</strong> preparing or receiving a proposed Outline Development Planwhich proposes the subdivision <strong>of</strong> land, the local government is to forward acopy <strong>of</strong> the Proposed Outline Development Plan to the Commission.6.3 <strong>The</strong> Commission is to provide comments to the local government as to whether itis prepared to endorse the Proposed Outline Development Plan with or withoutmodifications.6.4 <strong>The</strong> Commission must provide its comments to the local government within 30days <strong>of</strong> receiving the Proposed Outline Development Plan.7. Advertising <strong>of</strong> Proposed Outline Development Plan7.1 Within 60 days <strong>of</strong> preparing or receiving a Proposed Outline Development Planthat conforms with clause 5 and complies with the Scheme (or such longer timeas may be agreed in writing between the owner who submitted the ProposedOutline Development Plan and the local government), the local government is to:Schedule 7: Provisions for Outline Development Plans 64


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)(a)advertise, or require the owner who submitted the Proposed OutlineDevelopment Plan to advertise, the Proposed Outline Development Planfor public inspection by one or more <strong>of</strong> the following ways:(i)<strong>no</strong>tice <strong>of</strong> the Proposed Outline Development Plan published in anewspaper circulating in the Scheme Area;(ii) a sign or signs displaying a <strong>no</strong>tice <strong>of</strong> the Proposed OutlineDevelopment Plan to be erected in a conspicuous place or places inthe Development Area, or part <strong>of</strong> the Development Area, to which theProposed Outline Development Plan applies; and(b)give <strong>no</strong>tice or require the owner who submitted the Proposed OutlineDevelopment Plan to give <strong>no</strong>tice, in writing to:(i)all owners whose land is included in the Proposed OutlineDevelopment Plan;(ii) all owners and occupiers who, in the opinion <strong>of</strong> the local government,are likely to be affected by the adoption <strong>of</strong> the Proposed OutlineDevelopment Plan;(iii) such public authorities and other persons as the local government<strong>no</strong>minates;(c)undertake, or require an owner who submitted the Proposed OutlineDevelopment Plan to undertake, such other public <strong>no</strong>tification orconsultation as the Council considers appropriate.7.2 <strong>The</strong> advertisement and <strong>no</strong>tice are to:(a)(b)(c)explain the scope and purpose <strong>of</strong> the Proposed Outline Development Plan;specify when and where the Proposed Outline Development Plan may beinspected; andinvite submissions to the local government by a specified date being <strong>no</strong>tless than 21 days after the giving or erection <strong>of</strong> the <strong>no</strong>tice or publication <strong>of</strong>the advertisement, as the case requires.8. Adoption <strong>of</strong> Proposed Outline Development Plan8.1 <strong>The</strong> local government is to consider all submissions received and within 60 days<strong>of</strong> the latest date specified in the <strong>no</strong>tice or advertisement for the making <strong>of</strong>submissions is to:(a)(b)adopt the Proposed Outline Development Plan, with or withoutmodifications; orrefuse to adopt the Proposed Outline Development Plan and, where theProposed Outline Development Plan was submitted by an owner, givereasons for this to the owner.Schedule 7: Provisions for Outline Development Plans 65


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)8.2 (a) In making a determination under clause 8.1, the local government is tohave due regard to the comments and advice received from theCommission in relation to the Proposed Outline Development Plan.(b)If the Commission requires modifications to the Proposed OutlineDevelopment Plan, the local government is to consult with the Commissionprior to making a determination under clause 8.1.8.3 If the local government, after consultation with the Commission, is <strong>of</strong> the opinionthat a modification to the Proposed Outline Development Plan is substantial, thelocal government may:(a)(b)re-advertise the Proposed Outline Development Plan; orrequire the owner who submitted the Proposed Outline Development Planto re-advertise the Proposed Outline Development Plan,and thereafter, the procedures set out in clause 7.1 onwards are to apply.8.4 If within the period referred to in clause 8.1, or such further time as may beagreed in writing between the owner who submitted the Proposed OutlineDevelopment Plan and the local government, the local government has <strong>no</strong>tmade a determination under clause 8.1, the local government is deemed to haverefused to adopt the Proposed Outline Development Plan.9. Endorsement by Commission9.1 If the Proposed Outline Development Plan proposes the subdivision <strong>of</strong> land, thenwithin 7 days <strong>of</strong> making its determination under clause 8.1, the local governmentis to forward the Proposed Outline Development Plan to the Commission for itsendorsement.9.2 As soon as practicable after receiving the Proposed Outline Development Plan,the Commission is to determine whether to endorse the Proposed OutlineDevelopment Plan.9.3 <strong>The</strong> Commission is to <strong>no</strong>tify the local government <strong>of</strong> its determination underclause 9.2. If the Commission‟s <strong>no</strong>tification is that it is <strong>no</strong>t prepared to endorsethe Outline Development Plan, the local government is to negotiate with theCommission a form <strong>of</strong> the Outline Development Plan it is prepared to endorse. Ifthe local government and the Commission can<strong>no</strong>t agree on a form <strong>of</strong> the OutlineDevelopment Plan proposing subdivision that the Commission is prepared toendorse, the local government is to determine an appropriate course <strong>of</strong> action inthe circumstances.10. Notification <strong>of</strong> Outline Development PlanAs soon as practicable after adopting a Proposed Outline Development Plan underclause 8.1 and if clause 9 applies, as soon as practicable after being <strong>no</strong>tified underclause 9.3 <strong>of</strong> the Commission‟s determination to endorse the Proposed OutlineDevelopment Plan, the local government is to forward a copy <strong>of</strong> the OutlineDevelopment Plan to:Schedule 7: Provisions for Outline Development Plans 66


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)(a)(b)any public authority or person that the local government thinks fit; andwhere the Outline Development Plan was submitted by an owner, to the owner.11. Operation <strong>of</strong> Outline Development Plan11.1 An Outline Development Plan comes into effect:(a)where the Outline Development Plan proposes the subdivision <strong>of</strong> land, onthe day on which it is endorsed by the Commission pursuant to clause 9.2;or(b) on the day on which it is adopted by the local government under clause 8.1in all other cases.11.2 If a provision <strong>of</strong> an Outline Development Plan is inconsistent with a provision <strong>of</strong>the Scheme, then the provision <strong>of</strong> the Scheme prevails to the extent <strong>of</strong> theinconsistency.12. Inspection <strong>of</strong> Outline Development Plan12.1 <strong>The</strong> Outline Development Plan and the Commission‟s <strong>no</strong>tification under clause9.3 is to be kept at the local government‟s administrative <strong>of</strong>fices, and is to bemade available for inspection by any member <strong>of</strong> the public during <strong>of</strong>fice hours.13. Variation <strong>of</strong> Outline Development Plan13.1 <strong>The</strong> local government may vary an Outline Development Plan:(a)(b)by resolution if, in the opinion <strong>of</strong> the local government, the variation does<strong>no</strong>t materially alter the intent <strong>of</strong> the Outline Development Plan;otherwise, in accordance with the procedures set out in clause 5 onwards.13.2 If the local government varies an Outline Development Plan by resolution, andthe variation does <strong>no</strong>t propose the subdivision <strong>of</strong> land, the local government is t<strong>of</strong>orward a copy <strong>of</strong> the variation to the Commission within 10 days <strong>of</strong> making theresolution.13.3 If the local government varies an Outline Development Plan by resolution, andthe variation proposes the subdivision <strong>of</strong> land, the local government is to forwarda copy <strong>of</strong> the variation to the Commission within 10 days <strong>of</strong> making theresolution for its endorsement.13.4 As soon as practicable after receiving the copy <strong>of</strong> the variation referred to inclause 13.3, the Commission is to determine whether to endorse the proposedvariation.13.5 <strong>The</strong> Commission is to <strong>no</strong>tify the local government <strong>of</strong> its determination underclause 13.4.13.6 A variation to an Outline Development Plan by resolution comes into effect:Schedule 7: Provisions for Outline Development Plans 67


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)(a)(b)where the variation proposes the subdivision <strong>of</strong> land, on the day on which itis endorsed by the Commission pursuant to clause 13.4; oron the day on which the local government resolves to make the variationunder clause 13.1(a)14. Appeal14.1 An owner who has submitted a Proposed Outline Development Plan underclause 6.1 may appeal, under Part V <strong>of</strong> the Act:(a)(b)any failure <strong>of</strong> the local government to advertise, or require the owner toadvertise, a Proposed Outline Development Plan within the required timeperiod under clause 7.1;any determination <strong>of</strong> the local government:(i)to refuse to adopt a Proposed Outline Development Plan (including adeemed refusal); or(ii) to require modifications to a Proposed Outline Development Plan thatare unacceptable to that owner.”Schedule 7: Provisions for Outline Development Plans 68


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)TOWN OF CAMBRIDGETOWN PLANNING SCHEME NO. 1ADOPTIONAdopted by resolution <strong>of</strong> the Council <strong>of</strong> the <strong>Town</strong> <strong>of</strong> <strong>Cambridge</strong> at the Ordinary Meeting <strong>of</strong>the Council held on the 9 th day <strong>of</strong> August 1994.______________________________________________GRAHAM D PARTRIDGECHIEF EXECUTIVE OFFICERAdoption 69


<strong>Town</strong> Planning Scheme No. 1 1998 (Amended May 2013)TOWN OF CAMBRIDGETOWN PLANNING SCHEME NO. 1FINAL ADOPTIONAdopted for final approval by resolution <strong>of</strong> the Council <strong>of</strong> the <strong>Town</strong> <strong>of</strong> <strong>Cambridge</strong> at theOrdinary Meeting <strong>of</strong> the Council held on the 24 th day <strong>of</strong> February 1998 and the seal <strong>of</strong> theMunicipality was pursuant to that resolution, hereunto affixed in the presence <strong>of</strong>:______________________________________________ROSS J WILLCOCK JPMAYOR______________________________________________GRAHAM D PARTRIDGECHIEF EXECUTIVE OFFICERRECOMMENDED FOR FINAL APROVAL______________________________________________CHAIRMAN OF THEWESTERN AUSTRALIAN PLANNING COMMISSIONDate: 16 MARCH 1998FINAL APPROVAL GRANTED______________________________________________MINISTER FOR PLANNINGDate: 23 MARCH 1998Final Adoption 70

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