Karrinyup West Residential (DA22/0387)

The City encourages submissions to be made during the consultation period via the brief survey, via email or in writing.

• Online via the above survey.
• By post City of Stirling PO Box 1533, Osborne Park WA 6916.
• In person During business hours (8.30am - 5.00pm, Monday to Friday) at the City of Stirling Main Administration located 25 Cedric Street Stirling.
• By email development@stirling.wa.gov.au.

Submissions received during the consultation period will be considered as part of the City’s assessment and form part of its RAR.

Following the submission of the City’s RAR and the notification of a JDAP meeting date regarding the application, the City will notify all submitters of the JDAP meeting date and all submitters will have the opportunity to make a presentation request to the JDAP to assist the JDAP in considering and determining the application. Presentation requests will be reviewed and approved or refused by the Presiding Member and not the City.

Planning Solutions

The Form 1 Development Assessment Panel (DAP) application includes the following:

• A total of 253 Multiple Dwellings (‘apartments’) and approximately 820m2 of commercial floorspace, is contained within two (2) apartment towers with proposed maximum heights of 14 and 24 storeys
• A total of 44 single-bedroom, 99 two-bedrooms, 110 three-bedroom dwellings with communal open space areas and amenities
• A total of 689 car parking bays, including 447 resident car parking bays, 209 designated staff car parking bays for the adjacent shopping centre and 33 visitor bays, distributed over three levels within the development
• A landscaped pedestrian walkway directly connecting from Burroughs Road to the main street and western entrances of the Karrinyup Shopping Centre, with a landscaped area on the corner of Karrinyup Road and Burroughs Road
• The commercial floorspace is at ground level, fronting the main street and pedestrian walkway.

State Planning Policies

State Planning Policy 7.3 - Residential Design Codes Volume 2 - Apartments (SPP 7.3)

SPP 7.3 Volume 2 is the framework to assess multiple dwelling (apartment) developments and is divided into different ‘design elements’ such as plot ratio, landscaping, visual privacy and parking. For all ‘design elements’ there are Element Objectives which a development needs to achieve.

Unlike the previous Residential Design Codes, SPP 7.3 Volume 2 does not have a ‘Deemed-to-Comply’ pathway for multiple dwellings (apartments) which is a more prescriptive approach to development assessment. Instead SPP 7.3 Volume 2 provides Acceptable Outcomes and Design Guidance to assist in achieving the Element Objectives for a more performance and design based development assessment.

Further information regarding SPP 7.3 Volume 2 is available via the following link: https://www.wa.gov.au/government/document-collections/state-planning-policy-73-residential-design-codes-apartments

State Planning Policy 7.2 - Precinct Design (SPP 7.2)

SPP 7.2 provides a framework to guide the planning of precincts, including activity centres, commuter rail or major bus interchange station precincts and transit corridors. Supporting information to the Policy is provided in the SPP 7.2 Guidelines, divided into ‘design elements’ such as urban structure, public realm, movement and built form.

For developments proposed within precincts where a Precinct Structure Plan or a Local Development Plan has not been approved, such as the Karrinyup Activity Centre, SPP 7.2 and its Guidelines provide objectives, outcomes, measures, considerations and guidance to contemplate, as part of a performance and designed based assessment of the development application.

Further information regarding SPP 7.2 is available via the following link: https://www.wa.gov.au/government/publications/state-planning-policy-72-precinct-design

City of Stirling Local Planning Scheme No. 3 (LPS 3)

The City’s LPS 3 provides the basis for the application of the City’s planning framework and controls the types of uses and development permitted throughout the City. LPS 3 provides specific development controls to the subject site and the statutory basis for the application of the City’s local planning policies.

City of Stirling Local Planning Policies

Local Planning Policy 5.7 - Karrinyup Regional Centre Guidelines (LPP 5.7)

In addition to the requirements of SPP 7.3 Volume 2 and Local Planning Scheme No.3, the built form and design of the proposal will be assessed against the requirements of the City’s LPP 5.7. Where the proposal does not address the requirements of LPP 5.7, the development is to be considered against the relevant objectives of LPP 5.7.

Furthermore, the proposal will be assessed against the following local planning policies:

• Local Planning Policy 6.1 - Advertising Signs
• Local Planning Policy 6.2 - Bicycle Parking
• Local Planning Policy 6.3 - Bin Storage Areas
• Local Planning Policy 6.6 - Landscaping
• Local Planning Policy 6.7 - Parking and Access
• Local Planning Policy 6.11 - Trees and Development.

Please see the following link to the City’s local planning policies:

https://www.stirling.wa.gov.au/planning-and-building/planning-and-building-documents/planning-legislation-and-documents

As the proposed development has been lodged as a DAP application, the City is not the decision-maker for this application with the application to be determined by the Metro Inner-North Joint Development Assessment Panel (JDAP).

The JDAP consists of five panel members including:

• The Presiding Member (a specialist member)
• Two specialist members
• Two local government members (elected members nominated by Council).

Though the City is not the decision-maker for this application, the City undertakes an assessment of the application, including comments provided by referral agencies and submissions received during the consultation period. As part of the City’s assessment, the application will be referred to the City’s Design Review Panel for comment. The City’s Design Review Panel provides independent design advice regarding large scale and complex development applications to assist in facilitating improved design outcomes. It should be noted that meetings of the City’s Design Review Panel are not open to the public. Further information regarding the City’s Design Review Panel is available via the following link: https://www.stirling.wa.gov.au/planning-and-building/design-review-panel

Once the City has finalised its assessment of the application, the City prepares and submits a Responsible Authority Report (RAR) to the JDAP for consideration. The City’s RAR will include a recommendation for the application (i.e. approval, refusal or deferral). Please note the JDAP may determine an application that is either consistent or different to the City’s recommendation.

Following the receipt of City’s RAR, the JDAP will review the application and arrange a meeting where the application will be determined, noting an application may be deferred by the JDAP if further information is required to determine the application. The meeting will be open to the public and those who have made a submission may be permitted to make a presentation at the meeting regarding the application. The City’s officers and applicant will also be in attendance at the meeting.

Following the JDAP meeting, the minutes of the meeting will be finalised and the determination letter provided to the applicant and City.

For further information relating DAP, please see the following link:

https://www.stirling.wa.gov.au/your-city/documents-and-publications/planning-and-building/checklists-and-information-sheets/development-assessment-panel-information-sheet

In Western Australia a person who is not an applicant or a respondent is known as a ‘third party’ and there are generally no third party appeal rights in relation to planning decisions as per Section 243 of the Planning and Development Act 2005.

The applicants are now proposing a new design, which requires a new development application to be lodged.

Yes, the previous development approval remains valid.

The previous development approval will remain valid for a period of four (4) years from the date of approval, 23 September 2021. If the subject development is not substantially commenced within the specified period, the approval shall lapse and be of no further effect.

The previous approval will remain valid, as identified above, regardless of the final decision on the current development application.

There have been no substantial changes to the planning framework since the last development application was considered on 23 September 2021.

The key differences between the DA22/0387 proposal and the approved development dated 23 September 2021 include:

Two (2) towers with maximum heights of 14 and 24 storeys compared to three (3) towers with maximum heights of nine (9), 15 and 24 storeys.

A total of 253 dwellings proposed compared to 270 dwellings.

A pedestrian walkway width of between approximately 8-23 metres compared to between approximately 7-14 metres.

A new approximately 140 square metres turf landscaped area with trees at street level on the corner of Burroughs Road and Karrinyup Road compared to a private terrace and apartment built up to the street boundary at this location.

Approximately 820 square metres of ground floor commercial floorspace compared to approximately 570 square metres.

Communal open spaces and amenities for residents on the first floor level with both towers linked together by a bridge compared to two separated areas on the second floor level.

No vehicle access from Karrinyup Road compared to having a service vehicle access from Karrinyup Road.

Further details of the previous approval are contained in the agendas and minutes of the 23 September 2021 and 31 May 2021 Metro Inner-North JDAP meetings, available via the following link: https://www.dplh.wa.gov.au/about/development-assessment-panels/daps-agendas-and-minutes.

This development application is required to be advertised as a ‘Complex Application’ under Local Planning Policy 6.18 Public Consultation.

It depends on the status and progress of the Karrinyup Future project on the day that the JDAP considers the development application. The City and JDAP are to have due regard to any draft planning instrument, such as a prepared scheme amendment or a local planning policy, that the City is seriously considering adopting or approving.

Typically, such a draft document needs to have at least commenced public advertising, to be given any significant consideration in a development application decision. More weight is usually given to the draft document as it passes key milestones, and its final form becomes more imminent and certain.

The JDAP is not bound by a draft planning instrument when determining this development application.