Local Planning Policy 4.2 - Mixed Use and Commercial Centre Design Guidelines

The City prepares local planning policies to outline the City's expectation on these planning matters and guide the assessment of an application for development approval.

This Policy applies to all commercial development, and some residential components of a mixed use development, in non-residential zones.  Where a specific document (e.g. Beaufort Street Local Development Plan) applies to a particular site, the provisions of Local Planning Policy 4.2 Mixed Use and Commercial Centre Design Guidelines do not apply.

The Policy has been reviewed due to the introduction of the State’s Apartment Design Codes. Changes to the existing Policy are required to align it with the Apartment Design Codes and clarify when the Policy is to be applied.

The following key changes are proposed:

• The proposed modifications provide clarity by providing a three storey maximum height limit. There may be instances where a height above three storeys may be appropriate.If a landowner wants to do this, the recommended process would require a local development plan to be prepared.This would allow for further community engagement in the development process
• Aligning the Policy Objectives with the Design Principles in ‘State Planning Policy 7.0 Design of the Built Environment’
• In order to streamline the development process and ‘cut red tape’, particularly for small business, proposed changes to the Policy will allow minor development to take place without the need to comply with the requirements of the Policy. This includes simple change of use proposals, minor extensions and outbuildings
• The current Policy requires car parking to be located behind buildings and for the area to be screened.  The proposed modifications provide greater certainty about how the use of the ground floor can complement the streetscape.

The City reviews a local planning policy and prepares any required modifications, with Council deciding whether to advertise the modified Policy for public comment, or to not proceed with the Policy. Advertising of the Policy provides the community the opportunity to shape the Policy.

A local planning policy (new or modified) is to be advertised a minimum of 21 days. During advertising, consultation is targeted at relevant groups, such as local community groups, public authorities and any affected owners/occupiers.

After advertising, a summary of the submissions is reported to Council. Council decides whether to adopt the Policy (possibly with further modification) or not. If there are significant modifications, the Policy is re-advertised.

If Council decide to adopt the modified Policy, the Policy comes into effect once a notice is published in local papers.

The City is keen to hear the views of all residents and other stakeholders on the modifications to this Policy.

When Council considers the comments received, it must only consider the planning merits of the comments made.The City asks that comments be limited to planning matters or impacts of the proposed Policy. Examples of issues that are valid planning considerations include:

• The requirements of orderly and proper planning. Including consistency with the objectives of the City’s Local Planning Scheme No. 3, and any relevant State planning policy
• The likely effect of the height, bulk, scale, orientation and appearance of the development on neighbours
• The amenity of the locality including the character of an area and the likely future amenity
• The amount of traffic likely to be generated in relation to the capacity of the road system
• Impacts can be to both individuals or the community as a whole.

The City’s officers must balance the comments received with an assessment of the likely impacts of the proposal and must be satisfied that there is a factual or realistic basis to the submissions.

Matters that are not considered valid planning reasons for objecting to a proposal include:

• Perceived loss of property value
• Private disputes between neighbours including access and easements
• Impact of construction stages
• Trade competition concerns (in most circumstances)

• Matters controlled under other legislation.

You can lodge your comments on the modifications to this Policy in the above survey. You can also email your comments to the City at cityplanning@stirling.wa.gov.au or write to the City by post to:

Chief Executive Officer c/- City Planning, City of Stirling, (Local Planning Policy 6.15), 25 Cedric Street, Stirling WA 6021

The City must receive your submission by 5.00pm, Thursday 22 October 2020.