Amendment 104 - Various lots surrounding Servite College, Tuart Hill

Consultation has concluded

Planning and Development Act 2005

Town Planning Scheme Amendment

Local Planning Scheme No.3:- Amendment No.104

Rezoning of various lots surrounding Servite College, Tuart Hill from 'Residential (R30) to 'Private Institution' and creating a Special Control Area for the Servite College Area

At its meeting on 2 May 2018, Council considered a change to the zoning of 12 lots surrounding the Servite College Campus from ‘Residential (R30)’ to ‘Private Institution’.

The Scheme Amendment also proposed to create a Special Control Area over land that is owned or used by the Servite College, and also on land around the College that is used for other non-residential purposes, such as St Kieran's Church and Primary School and St Brigid’s Convent.

The Special Control Area contained a number of objectives that would be used when considering development applications on land within the proposed Special Control Area. The Special Control Area also contained a requirement for a Local Development Plan to be prepared if additional classrooms, additional floor space, or development higher than a single storey is proposed.

The Scheme Amendment as supported by Council also proposed to control what uses can be allowed in the area by introducing a ‘Restricted Use’ zoning. This would mean that all uses would need to be ancillary to the educational use of the land, and will prevent stand-alone non-residential uses from operating unless they are used by Servite College.

The reason these ‘Restricted Uses’ were proposed was because the ‘Private Institution’ zone allows 28 different land uses, many of which would not be consistent with the predominant educational use of the land and would be inappropriate on their own.

The above changes would support the expansion of Servite College in an orderly and proper manner while protecting the amenity of the surrounding residential area.

The proposal was advertised between August and September 2018.

At its meeting on 20 November 2018, Council considered the outcomes of advertising of the Scheme Amendment, and resolved to proceed with the Scheme Amendment.

As the Minister for Planning is responsible for final determination of Scheme Amendments, the City sent the Scheme Amendment to the Western Australian Planning Commission for a ministerial decision on 7 December 2018.

On 17 June 2019, the City was advised that the Minister had requested that the Scheme Amendment be modified to exclude the St Kieran’s Primary School site from being part of the proposed Special Control Area, and to rename the Special Control Area to the ‘Servite College Special Control Area’.

As part of the Minister’s changes, the City was also instructed to add ‘Community Purpose’, ‘Recreational – Private’, and ‘Shop’ to the list of Restricted Uses which includes ‘Car Park’, ‘Caretakers Dwelling’, ‘Child Care Premises’, ‘Educational Establishment’ and ‘Office’.

The City made the modifications requested by the Minister, and the Minister granted approval for the Scheme Amendment on 30 July 2019.

The changes to the City’s Local Planning Scheme came into effect on 27 August 2019.

FAQs

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 can be viewed by downloading the Council Minutes located here.

The Scheme Amendment document details the changes to the Local Planning Scheme No.3 that the City is proposing, which can be viewed by downloading the file 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.

What does this Scheme Amendment do?

The purpose of Scheme Amendment No.104 was to create a Special Control Area for the Servite College Area and rezone the following lots from ‘Residential (R30)’ to ‘Private Institution':

  • Lot 301, House Number 139, Cape Street, Tuart Hill
  • Lot 302, House Number 143, Cape Street, Tuart Hill
  • Lot 1102, House Number 147, Cape Street, Tuart Hill
  • Lot 34, House Number 113, Stoneham Street, Tuart Hill
  • Lot 46, House Number 12, Myers Street, Tuart Hill
  • Lot 9, House Number 4, Morgans Street, Tuart Hill
  • Lot 17, House Number 10, Morgans Street, Tuart Hill
  • Lot 18, House Number 12, Morgans Street, Tuart Hill
  • Lot 19, House Number 14, Morgans Street, Tuart Hill
  • Lot 21, House Number 18, Morgans Street, Tuart Hill
  • Lot 1, House Number 20A, Morgans Street, Tuart Hill
  • Lot 23, House Number 22, Morgans Street, Tuart Hill.

This change would support the expansion of Servite College in an orderly and proper manner while protecting the amenity of the surrounding residential area.

Previous SlideNext Slide
  • Lots rezoned from 'Residential (R30)' to 'Private Institution'Lots rezoned from 'Residential (R30)' to 'Private Institution'
  • Servite College Special Control Area (Additional classrooms, additional floor space and any development higher then a single storey will require a Local Development Plan)Servite College Special Control Area (Additional classrooms, additional floor space and any development higher then a single storey will require a Local Development Plan)

Document library

Document nameDownloadable files
Amendment 104 - Formal Documentation1.0MB (PDF)
Amendment 104 - Properties Notified185.9KB (PDF)

Timeline

Council resolved to initiate Scheme Amendment

22 May 2018

Community consultation commences

14 August 2018

Community consultation concludes

25 September 2018

Officer review of comments received

Council considers outcomes of advertising

20 November 2018

Scheme Amendment forwarded to the Minister for Planning for a decision

7 December 2018

Decision from the Minister for Planning received

1 August 2019

Scheme Amendment 104 comes into effect

27 August 2019
See more