LOCAL PLANNING SCHEME NO.3 AMENDMENT NO.9 - Trees and Development

Tree canopy across the City is declining, due mostly to the removal of trees from private land to allow for development.  Almost half of the tree canopy in residential areas will be lost over the next 15 years, leaving only 5 per cent of residential land being shaded by trees.

The City is encouraging developers to retain existing trees during development, or plant replacement trees on newly-developed sites, and has prepared the following two documents:

•           Local Planning Scheme No. 3 - Amendment No. 9; and

•           Draft Local Planning Policy 6.11 'Trees and Development'.

The purpose of these documents is to encourage the retention of trees on development sites and request, where trees are not retained, applicants to plant new trees at a ratio of one tree per 500m² on-site (each in an area of 9m2 to ensure the new trees thrive).  These changes will only apply to proposed developments valued at over $100,000.

 

Landowners and developers are still able to develop their sites that have significant trees.  The documents encourage developers to design around trees, but they do not mandate the retention of significant trees except in special circumstances.

Amendment No. 9 has now been approved by the Minister for Planning and will take effect on 24 October 2017.

LPS No.3 Amendment No. 9 - Trees and Development Formal Documentation Only

LPS No.3 Amendment No. 9 - Trees and Development Formal and Background Documentation

Local Planning Policy 6.11 - Trees and Development Documentation

Trees and Development - FAQ Sheet



Here you can access the City of Stirling’s Local Planning Scheme No.3. Information on legislation related to planning and development is also provided here.

Local Planning Scheme No.3

Local Planning Scheme No.3 controls the development and use of land across the City of Stirling (with the exception of the land within the Scarborough Redevelopment Area). The formal Scheme documents comprise of the Scheme Text and Scheme Maps and must be read in conjunction with the Local Planning Scheme No. 3 - Policy Manual.

 

The Scheme Maps divide the district into zones to identify areas for particular uses and identifies land reserved for public purposes. The Scheme Text sets out the Local Planning Framework and provides for Local Planning Policies (which define particular requirements and standards for development - refer Policy Manual). Most importantly, the Scheme Text identifies the types of uses and development allowed in the different zones. The Scheme Text also sets out the requirements for heritage and special control areas, planning approval, enforcement of the Scheme provisions and non-conforming uses.

 

Local Planning Scheme No. 3 - Policy Manual

Local Planning Scheme No.3 Policy Manual

Local Planning Scheme No.3 - Scheme Text 

Local Planning Scheme No.3 - Maps

Planning and Development (Local Planning Scheme) Regulations 2015

The Planning and Development (Local Planning Scheme) Regulations 2015 were gazetted on 25 August 2015, and took effect on 19 October 2015.

The Regulations include the Deemed Provisions (Schedule 2) which automatically apply to all local planning schemes in Western Australia, and therefore override numerous provisions of the City's Local Planning Scheme No. 3. Schedule 2 of the Regulations is therefore to be read in conjunction with Local Planning Scheme No. 3, and prevails in the case of any inconsistencies.

A link to the Western Australian Planning Commission's website, which includes additional information on the Regulations, is available below:

Planning and Development (Local Planning Scheme) Regulations 2015

 

Legislation

The following is a summary of the relevant Acts and Regulations that provide a legislative framework for decision making on approvals issued by the City of Stirling:

  • Heritage Act 1990 
  •  Health Act 1911 
  •  Liquor Licensing Act 1988 
  •  Local Government Act 1995 
  •  Local Government (Miscellaneous Provisions) Act 1960 
  •  Planning and Development Act 2005 
  •  Planning and Development (Local Planning Scheme) Regulations 2015
  •  Strata Titles Act 1985

These Acts and Regulations can be viewed at the State Law Publisher website.