1.2 proposed local planning policy review of building

Ordinary Meeting of Council 29 February 2012

1.2 PROPOSED LOCAL PLANNING POLICY - REVIEW OF BUILDING AND DEVELOPMENT STANDARDS - RESIDENTIAL, INDUSTRIAL, COMMERCIAL AND RURAL ZONES

Ward: (All Wards) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• As part of the ongoing review of the statutory planning policy framework the City of Swan has undertaken a review of 10 existing local planning policies that relate to building and development standards within rural, residential, commercial and industrial zones.

• Several of these 10 policies originally formed a component of Town Planning Scheme No. 9 but were redrafted into policy form in 2008 upon gazettal of Local Planning Scheme No. 17. It is understood that the provisions themselves were not reviewed in 2008, and were merely transferred into policy because LPS 17 was a "no change" scheme and only a consolidation of all the amendments approved under TPS9.

• Upon review City officers have noted that the current policies are overly prescriptive and provide little strategic guidance on the rationale for the building and development standards applied by the City.

• In order to address this the City has undertaken significant revision of the policies to create four new policies that implement ‘performance based standards’ which better communicate the intent of the City’s standards and provide flexibility for an applicant to produce a design based solution.

• As a result of the review the City has drafted four local planning policies and now proposes that they be publicly advertised consistent with the provisions under section 2.4 of Local Planning Scheme No. 17.

• The draft policies were endorsed by the Governance Committee held on 13 February 2012 for the purpose of advertising and subject to a briefing of Council following close of submission period and prior to the matter being considered by Council for final adoption.

It is recommended that the Council resolve to advertise the draft local planning policies ‘Commercial Zones – Subdivision and Development’ (POL-LP-1.2), ‘Industrial Zones – Subdivision and Development’ (POL-LP-1.3), ‘Residential Zones – Subdivision and Development’ (POL-LP-1.4) and ‘Rural Zones – Subdivision and Development’ (POL-LP-1.5) for a period of 21 days.


AUTHORITY/DISCRETION

Under Section 2.4 of Local Planning Scheme No. 17 if the Council resolves to prepare a Local Planning Policy this draft policy is to be publicly advertised for a period of 21 days in accordance with the Scheme provisions. After the close of advertising Council is to consider any submissions made and resolve to adopt the draft Policy with or without modification, or not to proceed with the Policy.

BACKGROUND

The City of Swan is currently undertaking an ongoing review of its local planning policy framework to ensure that all policies are in a consistent format, are relevant to the current strategic and statutory planning framework and provide current and comprehensive guidance to applicants, City officers and Councillors.

The draft policies were endorsed by the Governance Committee held on 13 February 2012 for the purpose of advertising and subject to a briefing of Council following close of submission period and prior to the matter being considered by Council for final adoption.

PUBLIC CONSULTATION

Under clause 2.4.1 of the Local Planning Scheme No. 17 where the City of Swan resolves to prepare a local planning policy, the local government is to:

a) Is to publish a notice of the proposed policy once a week for 2 consecutive weeks in a newspaper circulating in the Scheme area, giving details of -

i. Where the draft Policy may be inspected;

ii. The subject and nature of the draft Policy; and

iii. In what form and during what period (being not less than 21 days from the day of notice is published) submissions may be made;

b) May publish a notice of the proposed Policy in such other manner and carry out such other consultation as the local government considers appropriate.

DETAILS

As part of the ongoing review of the statutory planning policy framework the City of Swan has undertaken a review of the following local planning policies:

• Building and Development Standards – Residential Zones (POL-TP-128)

• Building and Development Standards – Industrial Zones (POL-TP-124)

• Building and Development Standards – Commercial Zones (POL-TP-125)


• Building and Development Standards – Rural Zones (POL-TP-126)

• Undercover Storage Yards, Factory Units and Factory Tenement Buildings (E11.4)

• Inclusion of Pedestrian Accessways in Residential Subdivision (E13.11)

• Grouped Dwellings in Rural Zones (POL-C-009)

• Rural Subdivision Revegetation (POL-C-060)

• Ancillary Accommodation (POL-C-066)

• Building Envelopes (POL-C-080)

Several of these policies originally formed a component of Town Planning Scheme No. 9 but were redrafted into policy form in 2008 upon gazettal of Local Planning Scheme No. 17. It is understood that the provisions themselves were not reviewed in 2008, and were merely transferred into policy because LPS 17 was a "no change" scheme and only a consolidation of all the amendments approved under TPS9.

Upon review City officers have noted that the current policies are overly prescriptive and provide little strategic guidance on the rationale for the building and development standards applied by the City. In order to address this the City has undertaken significant revision of the policies to create four new policies that implement ‘performance based standards’ which better communicate the intent of the City’s standards and provide flexibility for an applicant to produce a design based solution.

In the drafting of each of the new policies the City has consistently applied the following principles:

a) The creation of lots or development of a subject site should take account of surrounding built form and land uses, environmental constraints, infrastructure availability and site accessibility;

b) Built form should make a positive contribution to a streetscape through appropriate setbacks, articulation, landscaping and variance in building materials;

c) Development should be designed to create activity between a building front setback and the primary street through control of car parking and the creation of appropriate interfaces through the positioning of primary access points, use of windows, fencing and landscaping; and

d) Required areas for servicing the site, including car parking, delivery areas, storage areas and refuse areas, should be accommodated on site and be designed to minimise impact upon the streetscape and street interface.

The review of each of the four policies is outlined as follows:

1. Building and Development Standards – Commercial Zones

The Building and Development Standards – Commercial Zones (POL-TP-125) policy currently provides guidance on built form and development within the ‘General Commercial’ and ‘Highway Service’ zones under Local Planning Scheme No. 17.


In reviewing the standards the City has attempted to provide clear guidance on the expectations of the City with respect to built form and development standards in commercial zones.

The primary deviations from previous policy positions that Council should be aware of are as follows:

a) Site Design: The existing Building and Development Standards - Commercial Zones policy (POL-TP-125) provides little in the way of guidance on the ways in which Council would prefer to see a site developed and ensure its positive contribution to the locality. City officers have proposed to address this by requiring applicants to demonstrate that built form visible in public viewing areas will be designed to form a point of visual interest through articulation, variance in building materials and colours (Section 4.4).

b) Building Height: The existing Building and Development Standards - Commercial Zones policy (POL-TP-125) stipulates that buildings within the 'Highway Service' zone are not permitted to be greater in height than one storey. City officers consider this restriction to be overly prescriptive, and have instead suggested in the revised policy that the height of a building be justified by an applicant as 'consistent with or complementary to surrounding development' (Section 4.4) to permit an applicant to demonstrate that the height of their proposed building is appropriate in the context of the locality.

c) Setbacks: The existing Building and Development Standards – Commercial Zones policy (POL-TP-125) stipulates varied setback distances depending on the particular commercial use. These setback distances are often varied by Council dependent upon individual site-specific circumstances, and as such the variance between the setback standards has little relevance. City officers consider it more appropriate to set standard setbacks for all commercial uses with a clear policy to vary the standard to meet the prevailing setback distance within the surrounding locality, in addition to ensuring that the setback applied will contribute to an activated streetscape (Section 4.5).

d) Landscaping: The existing Building and Development Standards – Commercial Zones policy (POL-TP-125) stipulates that landscaping shall cover a minimum of 10% of the total site area. City officers consider this to be an arbitrary requirement that should be replaced by a more specific criterion that achieves its purpose. City officers have suggested that the provision be replaced by a requirement for landscaping at a minimum depth of 3m from the front boundary of a lot, in addition to the requirement of 1 canopy tree for every 6 car parking spaces in the front setback and 8 car parking spaces in side or rear car parking areas (Section 4.8).

e) Maximum Floor Space Areas: The existing Building and Development Standards – Commercial Zones policy (POL-TP-125) stipulates that the Council will not permit retail or office development which has a gross leasable floor area in excess of 5000m2 within 3 kilometres of any part of the Strategic Regional Centre or 9,500m2 within five kilometres of any part of the Strategic Regional Centre. Maximum floor space for commercial centres is currently guided by the City’s Commercial Centres


Strategy (POL-C-083) in conjunction with State Planning Policy 4.2 Activity Centres for Perth and Peel, and as such the additional restrictions imposed by POL-TP-125 are considered unnecessary.

City officers consider that the revised policy, titled POL-LP-1.2 Commercial Zones – Subdivision and Development, provides comprehensive guidance to applicants and offers flexibility for an applicant to provide a design based solution if the acceptable standard is not optimal for a subject site.

It is proposed that this new policy replace the existing ‘Building and Development Standards – Commercial Zones’ (POL-TP-125).

2. Building and Development Standards – Industrial Zones

The Building and Development Standards – Industrial Zones (POL-TP-124) currently provide guidance on built form and development within the ‘General Industrial’, ‘Light Industrial’ and ‘Industrial Development’ zones under Local Planning Scheme No. 17. In addition, the ‘’Undercover and Storage Yards, Factory Units and Factory Tenement Buildings’ also provide limited guidance on development within the ‘Industrial’ zones.

In reviewing the standards the City has attempted to provide clear guidance on the expectations of the City with respect to built form and development standards in industrial zones.


a) Site Design: The existing Building and Development Standards - Industrial Zones policy (POL-TP-124) provides little in the way of guidance on the ways in which Council would prefer to see a site developed and ensure its positive contribution to the locality. City officers have proposed to address this by requiring applicants to demonstrate that built form visible in public viewing areas will be designed to form a point of visual interest through articulation, variance in building materials and colours (Section 4.4).

b) Landscaping: The existing Building and Development Standards – Industrial Zones policy (POL-TP-124) stipulates that landscaping shall cover a minimum of 10% of the total site area. City officers consider this to be an arbitrary requirement that should be replaced by a more specific criterion that achieves its purpose. City officers have suggested that the provision be replaced by a requirement for landscaping at a minimum depth of 3m from the front boundary of a lot, in addition to the requirement of 1 canopy tree for every 6 car parking spaces in the front setback and 8 car parking spaces in side or rear car parking areas (Section 4.8).

City officers consider that the revised policy, titled POL-LP-1.3 Industrial Zones – Subdivision and Development, provides comprehensive guidance to applicants and offers flexibility for an applicant to provide a design based solution if the acceptable standard is not optimal for a subject site.


It is proposed that this new policy replace the existing ‘Building and Development Standards – Industrial Zones’ (POL-TP-124) and ‘’Undercover and Storage Yards, Factory Units and Factory Tenement Buildings’ (E11.4).

3. Building and Development Standards – Residential Zones

The Building and Development Standards – Residential Zones (POL-TP-128) currently provide guidance on built form and development within the ‘Residential’, ‘Residential Development’ and ‘Residential Redevelopment’ zones under Local Planning Scheme No. 17. In addition, the ‘Ancillary Accommodation’ and ‘Inclusion of Pedestrian Accessways in Residential Subdivisions’ policies also provide limited guidance on development within the ‘Residential’ zones.

In reviewing the standards the City has attempted to provide clear guidance on the expectations of the City beyond that provided by the WAPC’s State Planning Policy 3.1 - Residential Design Codes (R-Codes).


a) Site Design: The existing Building and Development Standards - Residential Zones policy (POL-TP-128) provides little in the way of guidance on the ways in which Council would prefer to see a site developed and ensure its positive contribution to the locality. City officers have proposed to address this by requiring applicants to demonstrate that built form visible in public viewing areas will be designed to form a point of visual interest through articulation, variance in building materials and colours (Section 4.4).

b) Environmentally Sensitive Design Techniques: The existing Building and Development Standards - Residential Zones policy (POL-TP-128) provides little in the way of guidance on the ways in which Council would prefer to see environmentally sensitive design techniques integrated in housing design. City officers have proposed to address this by requiring applicants demonstrate that the development considers such techniques wherever possible, including the use of skylights, eaves and awnings, solar voltaic cells, landscaping and rainwater tanks (Section 4.3).

c) Residential Development adjacent to a Public Access Way: The existing Inclusion of Pedestrian Access ways in Residential Subdivisions policy (E13.11) provides criteria for designing public access ways, but these are significantly outdated and inconsistent with current WAPC standards. City officers have proposed to address this by incorporating 'designing out crime' principles in the development of public access ways, including the use of passive surveillance and open style fencing. The standards for access ways, including width, length and lighting design, are to be addressed in a future draft policy regarding the development standards for local reserves (Section 4.3 and 4.4).

City officers consider that the revised policy, titled POL-LP-1.4 Residential Zones – Subdivision and Development, provides comprehensive guidance to applicants and offers flexibility for an applicant to provide a design based solution if the acceptable standard is not optimal for a subject site.


It is proposed that this new policy replace the existing ‘Building and Development Standards – Residential Zones’ (POL-TP-128), ‘Ancillary Accommodation’ (POL-C-066) and ‘Inclusion of Pedestrian Accessways in Residential Subdivisions’ (E13.11) policies.

4. Building and Development Standards – Rural Zones

The Building and Development Standards – Rural Zones (POL-TP-126) currently provide guidance on built form and development within the ‘General Rural’, ‘Rural Residential’, ‘Special Rural’, ‘Swan Valley Rural’, ‘Rural Living’, ‘Landscape’ and ‘Resource’ zones under Local Planning Scheme No. 17. In addition, the ‘Grouped Dwellings in Rural Zones’, ‘Rural Subdivision Revegetation’, ‘Ancillary Accommodation’ and ‘Building Envelopes’ policies also provide limited guidance on development within the ‘Rural’ zones.

In reviewing the standards the City has attempted to provide clear guidance on the expectations of the City with respect to built form and development standards in Rural zones.


a) Ancillary Accommodation to be used solely by family members: The existing Ancillary Accommodation policy (POL-C-066) currently stipulates that ancillary accommodation is to be occupied solely by a family member or family members of the occupant of the main dwelling. The intent of this policy provision is to ensure that the ancillary accommodation is ancillary to the main dwelling and is not used as a separate dwelling. As part of a review of the Residential Design Codes it has been recognised that such a policy position is unnecessary and overly prescriptive, and as such it is proposed to be removed as part of an update of the R-Codes by the WAPC. City officers have proposed to remove the current provision as part of the new Rural Zones - Subdivision and Development policy, and instead include a footnote stating that 'Applicants should note that the City of Swan will not be willing to support a proposed subdivision application propagated on the basis of ancillary accommodation forming a second dwelling on site that is surplus to the requirements of the property owner.' This footnote is considered sufficient to address the issue of ancillary accommodation forming a second dwelling on the site (Section 4.8).

b) Ancillary Accommodation to be included as a Notification on Title: The existing Ancillary Accommodation policy (POL-C-066) currently stipulates that the restriction on ancillary accommodation only being used by family members is to be listed as a Section 70A notification on the property title prior to the issue of a building licence for the ancillary accommodation. City officers consider this to be entirely unnecessary in the context of the removal of requirement for the dwelling to be used by family members only. As a result this requirement is proposed to be removed in the revised policy (Section 4.8).

c) Ancillary Accommodation no more than 10m from main dwelling: The existing Ancillary Accommodation policy (POL-C-066) currently stipulates that ancillary accommodation is to be sited no more than 10m


from the main dwelling. This provision is considered to be limiting, as it is often desirable to have ancillary accommodation further than 10m provided that it is still located within the building envelope. City officers have proposed that the maximum distance should be increased to 20m to accommodate alternative site design proposals (Section 4.8).

City officers consider that the revised policy, titled POL-LP-1.5 Rural Zones – Subdivision and Development, provides comprehensive guidance to applicants and offers flexibility for an applicant to provide a design based solution if the acceptable standard is not optimal for a subject site.

It is proposed that this new policy replace the existing ‘Building and Development Standards – Rural Zones’ (POL-TP-126) and ‘‘Grouped Dwellings in Rural Zones’ (POL-C-009), ‘Rural Subdivision Revegetation’ (POL-C-060), ‘Ancillary Accommodation’ (POL-C-066) and ‘Building Envelopes’ (POL-C-080).

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to advertise the draft local planning policy ‘Commercial Zones – Subdivision and Development’ (POL-LP-1.2), ‘Industrial Zones – Subdivision and Development’ (POL-LP-1.3), ‘Residential Zones – Subdivision and Development’ (POL-LP-1.4) and ‘Rural Zones – Subdivision and Development’ (POL-LP-1.5) for a period of 21 days consistent with clause 2.4 of Local Planning Scheme No. 17.

Implications: Upon the conclusion of the 21 day advertising period City officers will review all submissions lodged and prepare the draft policies for Council's consideration for final adoption (with or without modification).

Option 2: Council may resolve not to advertise the draft local planning policy ‘Commercial Zones – Subdivision and Development’ (POL-LP-1.2), ‘Industrial Zones – Subdivision and Development’ (POL-LP-1.3), ‘Residential Zones – Subdivision and Development’ (POL-LP-1.4) and ‘Rural Zones – Subdivision and Development’ (POL-LP-1.5) for a period of 21 days consistent with clause 2.4 of Local Planning Scheme No. 17.

Implications: The City will reconsider its proposed policies in response to Council's advice and prepare necessary modifications for reconsideration at a later date.

CONCLUSION

City officers have undertaken a review of the 10 existing policies that relate to building, development and subdivision considerations within commercial, industrial, residential and rural zones.

City officers have noted that the current policies are overly prescriptive and provide little strategic guidance on the rationale for the building and development standards


applied by the City. In order to address this the City has undertaken significant revision of the policies to create four new policies that implement ‘performance based standards’ which better communicate the intent of the City’s standards and provide flexibility for an applicant to produce a design based solution.

City officers consider that the four new policies, which are intended to replace the existing 10 policies, are now suitable for the purpose of public advertising prior to final consideration by Council.

ATTACHMENTS

• Proposed 'Commercial Zones - Subdivision and Development' policy (POL-LP-1.2)

• Proposed 'Industrial Zones - Subdivision and Development' policy (POL-LP-1.3)

• Proposed 'Residential Zones - Subdivision and Development' policy (POL-LP-1.4)

• Proposed 'Rural Zones - Subdivision and Development' policy (POL-LP-1.5)

• Building and Development Standards – Residential Zones (POL-TP-128)

• Building and Development Standards – Industrial Zones (POL-TP-124)

• Building and Development Standards – Commercial Zones (POL-TP-125)

• Building and Development Standards – Rural Zones (POL-TP-126)

• Undercover Storage Yards, Factory Units and Factory Tenement Buildings (E11.4)

• Inclusion of Pedestrian Accessways in Residential Subdivision (E13.11)

• Grouped Dwellings in Rural Zones (POL-C-009)

• Rural Subdivision Revegetation (POL-C-060)

• Ancillary Accommodation (POL-C-066)

• Building Envelopes (POL-C-080)

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Local Planning Scheme No. 17 - Part 2 - Local Planning Policies


FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple Majority

RECOMMENDATION

That the Council resolve to:

1) Approve the draft local planning policies ‘Commercial Zones – Subdivision and Development’ (POL-LP-1.2), ‘Industrial Zones – Subdivision and Development’ (POL-LP-1.3), ‘Residential Zones – Subdivision and Development’ (POL-LP-1.4) and ‘Rural Zones – Subdivision and Development’ (POL-LP-1.5) for the purpose of public advertising for a period of 21 days consistent with the provisions of Local Planning Scheme No. 17.

2) Request City officers to provide a Council briefing on the ‘Commercial Zones – Subdivision and Development’ (POL-LP-1.2), ‘Industrial Zones – Subdivision and Development’ (POL-LP-1.3), ‘Residential Zones – Subdivision and Development’ (POL-LP-1.4) and ‘Rural Zones – Subdivision and Development’ (POL-LP-1.5) policies after the conclusion of public advertising and prior to the matter being referred to Council for consideration for final approval.

CARRIED

1.2 proposed local planning policy review of building

Documents