Planning and Development Act 2005
Town Planning Scheme Amendment
Local Planning Scheme No.3 - Amendment No.116
Rezoning House Numbers 151, 155 and 162 Cape Street, Tuart Hill from 'Residential (R30)' to 'Private Institution' and 'Restricted Use (RU1)'
In October 2019, the City received an application to change the zoning of House Numbers 151, 155 and 162 Cape Street, Tuart Hill from 'Residential (R30)' to 'Private Institution'. Servite College has made this application because it bought these properties and wants the properties to have the same zoning as the College.
When the zonings were changed in 2019, additional controls were introduced to protect the amenity of adjoining properties. One of the controls was the requirement for a Local Development Plan to be prepared before certain forms of development can take place. Another control was a requirement that would limit the type of activities that can take place on those lots.
These planning controls will also apply to the three lots subject of Scheme Amendment No.116 if these sites are rezoned.
Servite College Special Control Area
The first planning control introduced is the Servite College Special Control Area. A Special Control Area allows the City to place additional controls over the development of land in a certain area.
In this case, the Servite College Special Control Area has been applied over the lots that were rezoned by Servite College. This Special Control Area contains a requirement for a Local Development Plan to be prepared before certain forms of development can take place.
A Local Development Plan will set out details such as the proposed location of the buildings and the vehicular access and parking arrangements for a site. This will guide the development outcomes for a particular site.
When a Local Development Plan is submitted, it will also be advertised for public comment and adopted by Council.
In this instance, the City has required that a Local Development Plan would only need to be submitted should the College be undertaking significant development, such as proposing additional classrooms, additional floor space, or development higher than a single storey.
This is to ensure that the College will still be able to carry our certain minor forms of development on the sites without the need to prepare a Local Development Plan.
The reason the City introduced this requirement is because the College is undertaking a land acquisition programme, and a Local Development Plan will ensure that redevelopment of those sites will occur in an orderly and proper manner.
This will also give certainty to neighbouring properties on what is proposed on the sites, and to allow the development of these sites to be designed and located in a way that avoids or minimises impacts on the neighbouring properties.
The requirement for a Local Development Plan will also allow for community input through the planning process.
This requirement is outlined under ‘Clause 6.16 Servite College Special Control Area’ in the City’s Local Planning Scheme No.3 Scheme Text. You can view an extract of that page under the ‘Useful Documents’ section at the bottom of this page.
The second planning control that was introduced was to limit the types of activities that can take place on land the College owns. This was done by including the lots under the ‘Restricted Use’ schedule in the City’s Local Planning Scheme No.3.
The reason the City introduced this planning control was because the ‘Private Institution’ zone allows for 28 different land uses, many of which are not consistent with the predominant educational use of the land.
For this reason, the City restricted development on those lots to the Educational Establishment’ use. The following uses will also be permitted, however, they will only be allowed as uses incidental to the educational use of the land. This means that they are not permitted as stand-alone uses.
- Car park
- Caretakers dwelling
- Child Care premises
- Community purpose
- Recreation - private
This requirement is outlined under ‘Schedule 3 – Restricted Uses’ in the City’s Local Planning Scheme No.3 Scheme Text. You can also view an extract of that page under the ‘Useful Documents’ section below.
Where can I find more information about the amendment?
More information about why the City is intending to rezone this land can be found in the Council report, which is located in the Document Library.
The Scheme Amendment document details the changes to the Local Planning Scheme No.3 that the City is proposing, which is located in the Document Library.
Alternatively, a copy is available for viewing during business hours (8.30am - 5.00pm, Monday to Friday) at the City of Stirling Main Administration Building located at 25 Cedric Street, Stirling.
How do I lodge a submission?
- Online using the submission form below
- By emailing firstname.lastname@example.org, quoting reference: Amendment No.116
- By post to Chief Executive Officer C/- City Planning, City of Stirling, 25 Cedric Street, STIRLING WA 6021 quoting reference: Amendment No.116.
Submissions must be received by 5.00pm, Friday 5 June 2020. Please ensure that your name and address is provided on your submission to enable it to be considered.
For further information, or to receive this content in an alternate format, please contact the City Planning Business Unit on (08) 9205 8555.
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