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.