Amendment 119 to Town Planning Scheme No.4 – Rezoning of West Piara Urban Precinct North

PLANNING AND DEVELOPMENT ACT 2005

LOCAL PLANNING SCHEME AMENDMENT AVAILABLE FOR INSPECTION - STANDARD AMENDMENT

CITY OF ARMADALE TOWN PLANNING SCHEME NO. 4 AMENDMENT NO. 119

Rezoning of West Piara Urban Precinct North

Notice is hereby given the local government of the City of Armadale has prepared the above mentioned planning scheme amendment.

Amendment No.119 proposes various rezonings and Town Planning Scheme No.4 (TPS No.4) modifications that facilitate urban residential development in the area known as the West Piara Urban Precinct North. These include:

  1. Rezoning Lots 9101 Warton Road, 9008 Jayes Road and portion of 9010 Warton Road, Piara Waters from the ‘General Rural’ zone to the ‘Urban Development’ zone. The Urban Development zone allows the preparation of Structure Plans to support urban residential subdivision that is likely to be typical of adjoining residential areas in Piara Waters.
  2. Rezoning Lot 9007 Southampton Drive, Piara Waters from the ‘General Rural’ zone to the ‘Residential’ zone to reflect the State Government Joint Development Assessment Panel’s approval of a ‘Park Home Park’ (otherwise called a lifestyle village) on the site. The Amendment includes ‘Additional Use’ provisions in TPS No.4 to permit the land use in accordance with the Joint Development Assessment Panel approval.
  3. Rezoning a small portion of Lot 1000 (No.7) Jayes Road, Piara Waters from the ‘General Rural’ zone to the ‘Residential’ zone and extending the R15/40 residential density code and Additional Use provisions. This corrects a zoning anomaly on this residential property.
  4. Inserting TPS No.4 provisions into Schedule 8 Development (Structure Planning) Areas for the West Piara Urban Precinct North to list management plans to accompany future Structure Plans, design responses to be addressed in future Structure Plans and requirements for future subdivisions.
  5. Removing the West Piara Urban Precinct North from Special Control Area Map 2 ‘Priority 2 Groundwater Protection Area’ to reflect the State Government’s approval of the ‘Urban’ zone through MRS Amendment 1369/57.

The Amendment follows the Hon. Minister for Planning’s approval of an ‘Urban’ rezoning under the State Government’s Metropolitan Region Scheme (MRS) through MRS Amendment 1369/57 in November 2020. The provisions of the Planning and Development Act 2005 state that Town Planning Schemes are to be consistent with the State Government’s MRS.

The plans and documents are also downloadable below.

Please download relevant documents:

Frequently Asked Questions

What is meant by a Scheme Amendment?

A Scheme Amendment is a change to the provisions within the City’s Town Planning Scheme No. 4 Scheme Text and/or a change to the zoning within the City's Town Planning Scheme No. 4 Scheme Maps.

A Scheme Amendment can be proposed by a landowner/s, the City of Armadale or the State Government.

Scheme Amendments may be initiated for many different reasons, such as:

  • a change in the wording of Scheme Text (the written part of the local planning regulations);
  • a change in zoning to accommodate a type of development for which the site is deemed suitable;
  • a change in the Residential Density Code on the Scheme Maps for a specific location or precinct; or
  • to correct any inconsistency or errors in the Scheme Maps or Scheme Text.
What is being proposed in Amendment No.119, and what land is affected?

The amendment proposes to rezone the West Piara Urban Precinct North from the ‘General Rural’ zone to the ‘Urban Development’ and ‘Residential’ zones. The ‘Urban Development zone is used to identify land where a structure plan is required to coordinate further subdivision and development.

The West Piara Urban Precinct North is bounded by Warton Road, the MRS Public Purpose (High School) Reservation, Southampton Drive and Jayes Road.

Why is Amendment No.119 being proposed?

The provisions of the Planning and Development Act 2005 requires that the City’s Town Planning Scheme No.4 be consistent with the State Government’s Metropolitan Region Scheme, which is a planning scheme covering the entire Perth Metropolitan Area.

The Metropolitan Region Scheme was amended for the West Piara Urban Precinct North via MRS Amendment 1369/57, which was approved by the Minister for Planning and gazetted in November 2020. The Amendment transferred land in the West Piara Urban Precinct North from the Rural – Groundwater Protection Zone to the Urban zone.

Amendment No.119 seeks to maintain consistency between the City’s TPS No.4 and the approved MRS Amendment.

What specifically is included in Amendment No.119?

The following modifications to the TPS No.4 are proposed through Amendment No.119:

  1. Rezone Lot 9101 Warton Road, Lot 9008 Jayes Road and Lot 9010 Warton Road from the General Rural zone to the Urban Development zone and making associated changes to the Scheme Maps.
  2. Rezone Lot 9007 Southampton Drive from the General Rural zone to the Residential zone, assign a density code of R25 (25 dwellings per hectare of developable area), insert a new Additional Use No.49 into TPS No.4 Schedule 2 Additional Uses with provisions applicable to development of Lot 9007 (including permitting the ‘Park Home Park’ land use) and making associated changes to the Scheme Maps. Note: Lot 9007 recently received development approval for a ‘Park Home Park’ (lifestyle village) by the State Government’s Metropolitan Outer Joint Development Assessment Panel. The approval is being implemented by the landowner, and as such the proposed Scheme Amendment seeks to accommodate the existing approval within the future local planning framework.
  3. Rezone portion of Lot 1000 (No.7) Jayes Road from the General Rural zone to the Residential zone, code R15/40, include within the extent of Additional Use No.35 and make associated changes to the Scheme Maps. This amendment rectifies an anomaly whereby approximately 90sqm of this previously-subdivided residential property is located in the Rural zone. The Amendment corrects this anomaly by placing the entire extent of the lot in the Residential zone.
  4. Removing the General Rural zones from the Warton Road, Southampton Drive and Jayes Road reserves;
  5. Modifying Special Control Area Map 3 by including the land generally bound by Warton Road, the MRS Public Purpose (High School) Reservation, Southampton Drive and Jayes Road in the Development Area (Structure Plan) Schedule 8 area outline with the ‘No.71’ designation.
  6. Modifying Special Control Area Map 2 to remove the land generally bound by Warton Road, the MRS Public Purpose (High School) Reservation, Southampton Drive and Jayes Road from the ‘Priority 2 Groundwater Protection Area’. This modification responds the previous change of MRS zone approved through MRS Amendment 1369/57.
What is a Structure Plan and why is it needed?

The TPS No.4 Urban Development zone requires a Structure Plan/s to be prepared prior to further subdivision and development. 

Structure Plans coordinate land use (e.g residential or commercial land uses), infrastructure and facilities such as utilities, roads, open space and sporting/community facilities in new urban areas.

They are comprised of a spatial map, a report comprising a Part 1 section (with subdivision/development standards) and a Part 2 section (Explanatory documentation), and Appendices (Reports on engineering, drainage, bushfire management, environmental management and other  and technical inputs).

The Structure Plan process can take up to 2 years to complete, with final decision making authority resting with the State Government Western Australian Planning Commission.

Structure Plans provide a standard against which local governments and the Western Australian Planning Commission can assess future applications to subdivide and/or develop land.

Landowners within an Urban Development zone are able to engage a Planning Consultant to prepare and lodge a Structure Plan application for assessment and consideration by Council. The City encourages landowners to work together and lodge joint Structure Plan applications over multiple lots.

Is the future Piara Waters West High School included in this Amendment?

The future Piara Waters West High School to be operated by the State Government Department of Education is being constructed on Lot 9010 (No.747) Warton Road (also fronting Mason Road and Southampton Boulevard).

Lot 9010 was transferred to the ‘Public Purpose – High School’ Reservation in November 2020 through Metropolitan Region Scheme Amendment 1370/57.

The City does not exercise planning and development control over land reserved by under the MRS, and such reserved land ‘sits outside’ of the City’s TPS No.4. Planning and development powers over reserved land rest with the State Government Western Australian Planning Commission.  Lot 9010 is therefore not included in Amendment No.119.

Will a Development Contribution Plan apply to the Precinct?

Development Contribution Plans set out equitable cost sharing mechanisms between developers in order to deliver common infrastructure items such as sporting/community facilities, major roads and other infrastructure.

The City is currently advertising a Scheme Amendment (Amendment No.115) to extend the existing Development Contribution Plan No.3 over the West Piara Urban Precinct North. Development Contribution Plan No. 3 applies to the City’s growth suburbs of Harrisdale and Piara Waters establishes.

The statutory framework for the DCP is set out in TPS No.4. In accordance with TPS No.4, all landowners within the DCA No.3 area are required to contribute towards the cost of providing common infrastructure works.

The coordinated approach established by DCP No.3 has enabled the City to deliver essential infrastructure and facilities in an effective and timely manner since the DCP was first established in 2007.

Further information on Amendment No.115 is available from the Public Notices/Open for Comment section on the City’s website under the Amendment No.115 heading: www.armadale.wa.gov.au

Submissions on Amendment No.115 close on 24 September 2021.

 

Is there a Public Review Period when I can comment on the Amendment No.119 proposal?

At its meeting of 19 April 2021, Council resolved to initiate Amendment No.119 for the purpose of public review and to call for submissions from the public. The City has now received notice that the Environmental Protection Authority will not conduct an environmental assessment of the Amendment and can therefore proceed to public advertising.

Prior to proceeding further with the scheme amendment process and making final recommendations to the Western Australian Planning Commission, Council will consider any submissions received on the proposal from the public and government agencies.

Who is being consulted on proposed Scheme Amendment No.119?

All of the landowners that fall within the area identified in the proposed Scheme Map are being consulted. Additionally, various state government agencies are also being consulted on the proposed amendment.

Amendment No.119 is being advertised through newspaper advertisements and all information is available on the City’s website. Anyone interested in the proposal can provide feedback through making a submission by email or in hard-copy form.

How do I provide feedback?

If you wish to comment on Amendment No.119 and the City wrote to you directly, please complete the Submission Form provided.  The Submission Form is also available from the Public Notices/Open for Comment section on the City’s website under the Amendment No.119 heading: www.armadale.wa.gov.au

A hardcopy of the Submission Form can also be obtained from the City’s Administration Building at 7 Orchard Avenue Armadale during business hours 8:15 to 4:45 Monday to Friday, or you may request a copy to be mailed or emailed.

You must lodge your submission with the City by the closing date below. You can either post the Submission Form back to the City (Locked Bag 2, Armadale WA 6992), deliver it to the City’s Administration Building (7 Orchard Avenue Armadale) or email it to: info@armadale.wa.gov.au

An information sheet with tips on how to write a submission can be found on the City’s website via the link below:

https://www.armadale.wa.gov.au/information-sheets-forms-and-fees-building-planning

When does the Amendment No.119 submission period close?

The advertising period for a Standard Scheme Amendment is required to be at least 42 days in accordance with the requirements of the Planning and Development (Local Planning Scheme) Regulations 2015.

The advertising period for Amendment No.119 closes at 4.45pm on 4 October 2021.

If you would like to be informed by email when the Amendment and submissions will be going back to a Council meeting for a final recommendation, or other progress of this Scheme Amendment, please ensure your email address is provided on your Submission Form.

Will the personal details on my submission be released to the public?

The City will not publish your name and address in the Council reports on the outcomes of the Public Review and Submissions Period. However, your full comments may be reproduced and published in planning reports. Note that a schedule of submissions, including the full details of submitters, are provided confidentially to Councillors however, this will not be made available to the public. The schedule and copy of all submissions are also provided to the Western Australian Planning Commission.

Will I receive any further notifications on Amendment No.119 after I lodge my submission?

Scheme Amendments may take several months following Council’s final adoption decision before the State Government’s final decision is known, however, the City will advise all persons who make a submission of the final outcome.

If you lodge a submission on Amendment No.119 the City will write to or email you at the following stages:

1.    When Council has made a decision to adopt the Amendment for final approval and forwarding its recommendation to the Western Australia Planning Commission; and

2.    When the Hon. Minister for Planning has issued a final decision on the Scheme Amendment.

What happens next?

After the close of the Public Review and Submissions Period, the City will summarise all submissions received from the public and government agencies and prepare a planning report for Council’s consideration at a future round of Council meetings. Council can determine to either adopt Amendment No.119 for final approval, with or without modifications, or resolve to not support the amendment.

Council’s decision is then forwarded to the Western Australian Planning Commission, which considers the proposal and submissions before making a final recommendation to the Minister for Planning. The Minister may grant final approval to the scheme amendment, with or without modifications, or may refuse to approve the scheme amendment. The final decision rests with the Hon. Minister for Planning.

An approved Scheme Amendment becomes part of the statutory Town Planning Scheme on the date it is published in the Government Gazette following the Minister’s decision. The City will publish the updated Town Planning Scheme (including Maps and Text) on its website following gazettal of the Amendment.

If Amendment No.119 proceeds to final approval by the Hon. Minister for Planning, TPS No.4 will be amended to reflect the zonings and scheme text modification proposed to support urban development of the West Piara Urban Precinct North.

Who can I contact for more information on this proposal?

For further information on proposed Scheme Amendment No.119 please contact Alex VanderPlas, Senior Strategic Planning Officer, on 9394 5892 or email info@armadale.wa.gov.au

Timeline

Initiation of Scheme Amendment by Council
Commencement of Advertising of Amendment 119
October 2021
Close of submissions on Amendment 119
December 2021
Consideration of submissions by Council and Council decision on Amendment 119
December 2021
Submitters advised of Council decision with regard to Amendment 119
February 2022
Amendment forwarded to Western Australia Planning Commission and Hon. Minister for Planning for determination
April 2022
WAPC advise Council of decision of Hon. Minister for Planning on Amendment
April 2022
Submitters advised of Hon. Minister for Planning’s decision on Amendment 119

Page Last Reviewed 18 November 2021