Amendment 92 - 31 Edale Way, Westminster

Consultation has concluded

Planning and Development Act 2005

Town Planning Scheme Amendment

Local Planning Scheme No.3:- Amendment No.92

Rezoning of House Number 31 Edale Way, Westminister from 'Civic' to 'Residential (R40)'

In February of this year, Council considered a change to the zoning of House Number 31 Edale Way, Westminster from ‘Civic’ to ‘Residential (R40)’.

Until late 2012 the Department of Education used the site for pre-primary education. As the City owns the land and it is no longer required for civic or educational uses, a decision has been made to rezone the land and sell it.

Council has also decided that the site should be subdivided into six lots. A plan showing how Council intends to subdivide the site can be found in the Document Library, which is located to the right of this page.

Before this site can be used for any other purpose, the zoning of the land needs to change. The plan, located in the Document Library, shows the rezoning.

If the rezoning is approved by the Minister for Planning, any development application will be assessed against the Residential Design Codes (R-Codes). The proposed rezoning will allow the lots to be developed for single houses and grouped dwellings to the same height as existing buildings in the area.

In designing the subdivision, the City has done this in a way which allows future owners to keep some of the existing trees on the site.

For more information, view the Council Meeting minutes containing the Initiation Report and Determination Report.

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 in the document library.

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, Stirling.

What does this Scheme Amendment do?

The purpose of proposed Scheme Amendment No. 92 is to rezone House Number 31 Edale Way, Westminster from ‘Civic’ to ‘Residential (R40)’. 

If approved, The proposed rezoning will allow the lots to be developed for single houses and grouped dwellings to the same height as existing buildings in the area.

What could be developed on the site?

Land zoned ‘Residential R40’ requires a minimum lot area of 180m², and an average lot area of 220m². Based on these requirements, the subject lot has the potential to be developed or subdivided to permit up to 10 houses to be constructed if the Scheme Amendment is approved. However, as the City is the landowner, the Council has decided that the lot is to be subdivided into six lots, with proposed lot sizes ranging from 370m2 to 436m2 (with an average lot size of 387m2). 

Why has the Council decided to advertise this Scheme Amendment?

The proposed rezoning was considered by Council in February 2018 and Council resolved to proceed to advertise the Amendment. For this reason, the City is now advertising Scheme Amendment No.92 for public comment.

What comments can I make?

The City is keen to hear the views of all residents in the area, and wants the community to be able to freely express it’s views on the proposal.

However, when Council considers the comments received, it must consider the planning merits of the proposal, and the planning issues that have been raised during public consultation.  The City asks that comments be limited to those directly related to the planning merits or impacts of the proposed Scheme Amendment.  Examples of the issues that can be considered valid planning considerations include:

  • The requirements of orderly and proper planning including any proposed local planning scheme or amendment to this Scheme that has been advertised under the Planning and Development (Local Planning Schemes) Regulations 2015 or any other proposed planning instrument that the local government is seriously considering adopting or approving
  • The compatibility of the development with its setting including the relationship of the development to development on adjoining land or on other land in the locality including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development;
  • The amenity of the locality including the following:
    • (i) environmental impacts of the development
    • (ii) the character of the locality
    • (iii) social impacts of the development.
  • The adequacy of:
    • (i) the proposed means of access to and egress from the site
    • (ii) arrangements for the loading, unloading, manoeuvring and parking of vehicles.
  • The amount of traffic likely to be generated by the development, particularly in relation to the capacity of the road system in the locality and the probable effect on traffic flow and safety
  • The impact of the development on the community as a whole notwithstanding the impact of the development on particular individuals
  • Any submissions received on the application.

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 opinions expressed on a proposal.

Matters that cannot be considered valid planning reasons for objecting to a proposal include:

  • Perceived loss of property value
  • Private disputes between neighbours including access & egress and easements
  • Impact of construction work
  • Trade competition concerns (in most circumstances)
  • Matters that is controlled under other legislation .

Timeline

Council resolved to initiate Scheme Amendment

20 February 2018

Community consultation commences

8 May 2018

Community consultation concludes

19 June 2018

Officer review of comments received

Council considers outcomes of advertising

24 July 2018

Scheme Amendment forwarded to the Minister for Planning for a decision

15 August 2018

Scheme Amendment No.92 comes into effect

11 December 2018
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