Amendment No.46 ‘South Perth Station Precinct’

The out for comment period has now closed.

• Amendment No. 46 South Perth Station Precinct comes into effect

  Share Amendment No. 46 South Perth Station Precinct comes into effect on Facebook Share Amendment No. 46 South Perth Station Precinct comes into effect on Twitter Share Amendment No. 46 South Perth Station Precinct comes into effect on Linkedin Email Amendment No. 46 South Perth Station Precinct comes into effect link

  The City of South Perth’s Town Planning Scheme Amendment No. 46 ‘South Perth Station Precinct’ came into immediate operational effect following its publication in the Government Gazette on Tuesday 21 February 2017.

  Amendment No.46 was initiated to rectify anomalies, clarify ambiguities and strengthen performance criteria for building height variations relating to development provisions affecting the South Perth Station Precinct (SPSP).

  Following an extensive and comprehensive consultation period during which the community were provided with two opportunities to comment, in April 2016 the Council unanimously endorsed the amendment and it was referred to the WA Department of Planning in May 2016.

  In December 2016, the Minister for Planning Hon. Donna Faragher considered the amendment and requested the City make a number of modifications.

  The major modifications with significant implications for future development of the South Perth Station Precinct include:

  • There will be no height limits as the maximum allowable building height has been removed

  • Design Quality performance criteria have been expanded to include subjective criteria, relating to exemplary, sensitive and sophisticated design

  • There can be continued development in the Peninsula area as it has not been removed from the ‘Special Design Area’

  • Mixed development can have more residential and less commercial floor space as the minimum non–residential component for a mixed-use development with a plot ratio more than 3.0 has been reduced from 1.5 to 1

  • For lots which have an area of less than 1700m2 and a frontage that is less than 25m, there will be no absolute minimum lot area or frontage required in order to approve development above the prescribed height limit

  A number of additional minor modifications were also required which do not modify the intent of the City’s Amendment.

  The City modified the amendment as it was legally required to. There was no provision for any further appeal or public consultation and the amendment was submitted to the WAPC in January 2017.

  To view the Minister’s modifications to Amendment No.46, please see the document below.

  https://southperth.wa.gov.au/docs/default-source/5-future/project-and-places/south-perth-station-precinct/amendment-no-46---modifications-as-required-by-the-minister-for-planning.pdf?sfvrsn=d71cc0bd_2

  
  

• City to modify Amendment No. 46 despite disappointment with changes from WA Minister for Planning

  Share City to modify Amendment No. 46 despite disappointment with changes from WA Minister for Planning on Facebook Share City to modify Amendment No. 46 despite disappointment with changes from WA Minister for Planning on Twitter Share City to modify Amendment No. 46 despite disappointment with changes from WA Minister for Planning on Linkedin Email City to modify Amendment No. 46 despite disappointment with changes from WA Minister for Planning link

  The City of South Perth is preparing to modify its Town Planning Scheme Amendment No. 46 ‘South Perth Station Precinct’ by 31 January 2017, as it is legally required to, following a determination by the WA Minister for Planning, Donna Farther.

  
  

  While the City believes that the Minister’s changes to Amendment No. 46 (announced in December 2016) are not in the long-term interests of the local community there is no provision for any further appeal or public consultation.

  
  

  The City is currently working through the Minister’s significant changes and they will come into immediate effect once they are published in the Government Gazette.

  
  

  Among the Minister’s notable modifications are rejection of the City’s attempt to deliver greater certainty to residents and developers through absolute height limits in the South Perth Station Precinct as well as downgrading the requirements to provide commercial space that would have provided more local employment opportunities.

  
  

  “The City is deeply disappointed that the Minister has dismissed changes that would have aligned future development far more closely with the expectations of our residents,” Mayor Sue Doherty said.

  
  

  “Rather than delivering planning and development certainty that would benefit everyone, the Minister’s modifications introduce new subjective criteria into the process by allowing approval for additional height to be made on the basis of ‘exemplary’, ‘sensitive’ or ‘sophisticated’ design and ‘high levels of amenity’.

  
  

  “This means that where developers are seeking additional height, it will be up to the decision maker, in most cases the Joint Development Assessment Panel (JDAP), to determine if the building meets these subjective criteria.

  
  

  “The City’s long-term vision has been to make the Precinct an attractive business location featuring a rich choice of employment. To achieve this, the City sought to promote commercial uses through plot ratio and height incentives to ensure a good balance of commercial and residential development and build a destination base to support a train station in the area. At the current time, it appears the WA Government is unable or unwilling to support the City in achieving this vision.

  
  

  “Residents have repeatedly voiced their dissatisfaction with planning and development outcomes in the South Perth Station Precinct. Amendment No. 46 would have addressed these concerns, however the public benefits and certainty the City was aiming to achieve have now been significantly diluted by the Minister’s changes.

  
  

  “All of this uncertainty makes it difficult for the City to accurately and holistically plan for the future infrastructure, parking, traffic and transport needs of our community if we cannot predict the scale of future developments.”

  
  

  Major changes required by the Minister

  
  

  The major modifications with significant implications for future development of the South Perth Station Precinct include:

  • There will be no height limits as the maximum allowable building height has been removed
  • Design Quality performance criteria have been expanded to include subjective criteria, relating to exemplary, sensitive and sophisticated design
  • There can be continued development in the Peninsula area as it has not been removed from the ‘Special Design Area’
  • Mixed development can have more residential and less commercial floor space as the minimum non–residential component for a mixed-use development with a plot ratio more than 3.0 has been reduced from 1.5 to 1
  • For lots which have an area of less than 1700m2 and a frontage that is less than 25m, there will be no absolute minimum lot area or frontage required in order to approve development above the prescribed height limit

  A number of additional minor modifications are also required which do not modify the intent of the City’s Amendment.

  
  

  Future steps

  
  

  Whilst the City of South Perth is disappointed with Minister’s decision, the City will continue to work with the State Government in planning for the South Perth Station Precinct to ensure the best outcomes for the community.

  
  

  The City is now reviewing the vision for the Precinct and undertaking a detailed study of place and design development for this area, in collaboration with community members and stakeholders.

  
  

  The Place + Design project will build upon the previous research, planning and consultation efforts to establish a revised community-led vision for the precinct, as well as resolve a number of approval, design management and engagement challenges.

  
  

  Specific recommendations will also deliver policy and Town Planning Scheme provisions with the aim to assist the City to improve implementation and to achieve the revised vision, design outcomes and desired community benefit Community members and stakeholders can get involved in the Place + Design project by registering their interest at yoursay.southperth.wa.gov.au.

  
  

  Background

  
  

  Amendment No.46 ‘South Perth Station Precinct’ was initiated to rectify anomalies, clarify ambiguities and strengthen performance criteria for building height variations relating to development provisions affecting the South Perth Station Precinct.

  
  

  Following an extensive and comprehensive consultation period during which the community were provided with two opportunities to comment, in April 2016, the Council unanimously endorsed the amendment and it was referred to the WA Department of Planning in May 2016 before being sent to the Minister for Planning for determination.

  
  

  Related documents

  Amendment No. 46 - Modifications as required by the Minister for Planning

• Minister decides on Amendment No. 46 ‘South Perth Station Precinct’

  Share Minister decides on Amendment No. 46 ‘South Perth Station Precinct’ on Facebook Share Minister decides on Amendment No. 46 ‘South Perth Station Precinct’ on Twitter Share Minister decides on Amendment No. 46 ‘South Perth Station Precinct’ on Linkedin Email Minister decides on Amendment No. 46 ‘South Perth Station Precinct’ link

  Planning Minister Donna Faragher has considered Amendment No. 46 to the City of South Perth’s Town Planning Scheme and requested the City make modifications before approval is given.

  
  

  In a media statement issued by the Minister’s office on Friday 16 December 2016, Ms Faragher said she had accepted recommendations of the Western Australian Planning Commission and included advice from the Office of the Government Architect.

  
  

  The Minister has not prescribed absolute height restrictions in the South Perth Station Precinct (SPSP), however has introduced provisions that mean proposals within the ‘Special Design Area’ which seek additional height above the basic height limit are to be referred to a Council-nominated design review panel and meet stringent performance-based design criteria.

  
  

  The amendment will include the following provisions:

  • Maintaining the current extent of the ‘Special Design Area’ on Mill Point Road north of Judd and Ferry streets, to the intersection with Scott Street and Frasers Lane
  • Proposals within the Special Design Area which seek additional height above the basic height limit are to be referred to a Council-nominated design review panel or any other suitably qualified consultants
  • The introduction of street setbacks (between two and four metres) to protect existing street trees and allow for new street trees to be planted
  • A requirement to undertake a traffic impact study which includes consideration of the cumulative traffic impact of concurrent development within the amendment area
  • A cap on residential car parking in developments seeking discretionary height to limit traffic generation.

  The City will meet with government authorities this week to obtain full details of the Minister’s modifications.

  
  

  Background

  
  

  Amendment No. 46 was initiated by the City to rectify anomalies, clarify ambiguities and strengthen performance criteria for building height variations relating to development provisions affecting the SPSP.

  Following an extensive and comprehensive consultation period during which the community were provided with two opportunities to comment, in April 2016, the Council unanimously endorsed the amendment and it was sent to the Minister for Planning. The amendment was then referred to the WA Department of Planning in May 2016, with the Minister making her determination on 16 December 2016.

  
  

• Council decide on South Perth Station Precinct Town Planning Scheme Amendment No. 46

  Share Council decide on South Perth Station Precinct Town Planning Scheme Amendment No. 46 on Facebook Share Council decide on South Perth Station Precinct Town Planning Scheme Amendment No. 46 on Twitter Share Council decide on South Perth Station Precinct Town Planning Scheme Amendment No. 46 on Linkedin Email Council decide on South Perth Station Precinct Town Planning Scheme Amendment No. 46 link

  At the City of South Perth Council meeting held on Tuesday 26 April, the Council recommended to the Minister for Planning that Town Planning Scheme Amendment No. 46 ‘South Perth Station Precinct’ be adopted with modifications.

  This followed a period of extensive community engagement and consideration of the public submissions, deputations and City Officer’s Report by the Council.

  Mayor Sue Doherty said that the Council has endorsed recommendations that will achieve the vision for the precinct, while protecting the amenity for the local residents.

  “The precinct is characterised by leafy, pedestrian-friendly streets, a sense of heritage and community focus. In recent times, the City has received a significant number of development applications for very tall buildings in the precinct. The scale of development and the rapid rate of change has exceeded the expectations of the City, the Council and our community.”

  “The lesson is that change can be dramatic and sudden, and if we are not ahead of the game in anticipating what can happen we can be overwhelmed by its impact.”

  “It is now appropriate to pause and take stock. To take time to understand the cumulative impact of this increased development and ensure the City’s planning controls are in place to deliver on our long-term strategic vision for a vibrant, liveable city, a business location with employment and public transport options.”

  “The Council is committed to responsibly managing the transition and balancing the needs of all parties including local residents, ratepayers, developers, and acting for the good of the greater community as we move forward.”

  “Amendment No. 46 is about ensuring that further developments enhance the area, and make a positive contribution to this unique and iconic part of Perth. Development can and will continue.”

  “There is still significant development potential for the area and the City is well on its way to achieving our infill housing targets. With the applications already approved in the precinct, along with development in other activity centres, we are on track to reach these targets.”

  “We will now be seeking to meet with the Minister for Planning as a matter of urgency to convey and clarify the Council’s decision. The Minister will have the final say on the approval of Amendment No. 46.”

  Amendment No. 46 provides an interim and improved set of provisions to guide development control in the South Perth Station Precinct. The Council has determined to engage consultants to conduct appropriate investigations to provide a firm foundation underpinning the next scheme amendment. Further community engagement will be undertaken on any proposed modifications.

  The Council’s final recommendations include:

  • Reduction in the extent of the ‘Special Design Area’ by deleting properties on Mill Point Road north of Judd Street and Ferry Street with the exception of 89 Mill Point Road and 20 Stone Street.

  • Introduction of a 4 metre street setback for the northerly portion of Mill Point Road.

  • Introduction of a 2 metre street setback for Bowman, Charles and Hardy Streets, except those lots in the ‘Special Design Area’.

  • Introduction of absolute height limits in the ‘Special Design Area’. The Council may approve heights above the ‘basic height limits’ of 25 metres and 41 metres if performance criteria are met. Absolute height limits of 55 metres (approximately 18 storeys) and 80 metres (approximately 26 storeys) respectively will apply, removing the ability to approve unlimited heights.

  • Where the Council is satisfied that a podium with a zero street setback would not adversely affect the amenity of an adjoining property, or there is a prospect of imminent redevelopment of the adjoining site, between 50% and 60% of the frontage of the site is required to have a zero setback. However, where a zero setback would adversely affect an adjoining property, the Council will require a greater street setback.

  • Where there is no prospect of imminent redevelopment on an adjoining site, and a zero setback from a side or rear boundary would adversely affect the amenity of the adjoining property, the Council will specify greater side or rear setbacks for portions of the building. Setbacks will be a minimum of 2 metres when the podium height is less than 9 metres and a minimum of 3 metres when the podium height is greater than 9 metres.

  • All comprehensive new development will be required to have a non-residential component with a minimum plot ratio of 1.0. For sites in the ‘Special Design Area’ where the total plot ratio of a Mixed Development is more than 3.0, the plot ratio of the non-residential component must be not less than 1.5.

  • In the case of an ‘under-sized’ lot which cannot be amalgamated with another lot, for the site to be eligible for any building height variation, the allowable shortfall in lot area and frontage to be not more than 10%.

• Council Agenda Briefing - Deputations on Amendment No. 46 Report on Submissions

  Share Council Agenda Briefing - Deputations on Amendment No. 46 Report on Submissions on Facebook Share Council Agenda Briefing - Deputations on Amendment No. 46 Report on Submissions on Twitter Share Council Agenda Briefing - Deputations on Amendment No. 46 Report on Submissions on Linkedin Email Council Agenda Briefing - Deputations on Amendment No. 46 Report on Submissions link

  At the City of South Perth Council’s Agenda Briefing held on Tuesday 19 April, the Council Members heard deputations from members of the public on the officer’s ‘Report on Submissions’ relating to Town Planning Scheme Amendment No. 46 ‘South Perth Station Precinct’.

  Approximately 135 people attended the meeting held at the South Perth Community Hall where 16 people presented deputations on Amendment No. 46.

  City of South Perth Mayor Sue Doherty said, “Local residents, ratepayers and developers have a strong interest in the future of the South Perth Station Precinct, and we have listened to many diverse views and opinions on proposed changes to Amendment No. 46.”

  The City conducted extensive community engagement in regard to the changes to the Scheme Amendment during the public comment period from November 2015 to February 2016 and received 882 submissions. The City held a community information session in December on Amendment No. 46.

  In March 2016, the Council invited Expressions of Interest (EOIs) from those who wished to make a deputation on the officer’s recommendations on Amendment No. 46. The City promoted the opportunity and a total of 16 EOIs were received, all of which were heard at the meeting.

  “Council will now consider the Officer’s Report, public submissions and deputations before making decisions to achieve the vision for the precinct, while protecting the amenity for the local residents. The Council is striving to create a vibrant, attractive business location featuring a rich choice of employment, public transport options, pedestrian friendly tree-lined streets with reminders of South Perth’s heritage,” the Mayor said.

  The Council will adopt recommendations on Scheme Amendment No. 46 at the Ordinary Council Meeting to be held at 6pm on Tuesday 26 April 2016. The recommendations will then be referred to the WA Minister for Planning for her final decision on the provisions to be included in Amendment No. 46.

  Read full media release here.

• Amendment No.46 Report on Submissions Released

  Share Amendment No.46 Report on Submissions Released on Facebook Share Amendment No.46 Report on Submissions Released on Twitter Share Amendment No.46 Report on Submissions Released on Linkedin Email Amendment No.46 Report on Submissions Released link

  The Council of the City of South Perth at their Ordinary Council Meeting to be held at 6pm, on Tuesday 26 April 2016 will determine Town Planning Scheme Amendment No. 46 ‘South Perth Station Precinct.’

  The City received 882 submissions on the Scheme Amendment during the public comment period November 2015 to February 2016 which expressed a diverse range of views and opinions.

  All documents including a copy of the City Officer’s 'Report on Submissions' and associated attachments in relation to Amendment No. 46 are now available on the City’s website, at the Civic Centre Office and the City Libraries.

  Modifications to Amendment No. 46 are recommended in the report, some modifications are of significance with a large number of minor ones. The recommended modifications include:

  • Reduction in the extent of the ‘Special Design Area’ by deleting properties on Mill Point Road north of Judd Street and Ferry Street with the exception of 89 Mill Point Road and 20 Stone Street.
  • Mill Point Road properties north of Judd Street will no longer be eligible for any building height variation, the applicable height limit to be changed from 25 metres (approximately 9 storeys) to 41 metres (approximately 13 storeys).
  • Strengthening existing performance criteria relating to building height variations. Variations above the basic height limits are permissible to varying degrees depending on the number of performance criteria met. Absolute height limits would apply unless all performance criteria are met.
  • A 4 metre street setback for the northerly portion of Mill Point Road.
  • Zero setbacks to be maintained where there would be no adverse effects on an adjoining property. Where zero street or side setbacks would adversely affect an adjoining property, Council to determine setbacks on a case-by-case basis, to ensure neighbours’ amenity is protected while also maintaining the viability of redevelopment for the affected properties.
  • A preferred minimum non-residential plot ratio of 1.5, with discretionary power to allow a reduction to not less than 1.0.
  • In the case of an ‘under-sized’ lot which cannot be amalgamated with another lot, for the site to be eligible for any building height variation, the allowable shortfall in lot area and frontage to be not more than 10%.

  Read the City's full media release on Amendment No 46. Report on Submissions online here.

• Now Open - Expression of Interest to Address Council on Amendment No. 46

  Share Now Open - Expression of Interest to Address Council on Amendment No. 46 on Facebook Share Now Open - Expression of Interest to Address Council on Amendment No. 46 on Twitter Share Now Open - Expression of Interest to Address Council on Amendment No. 46 on Linkedin Email Now Open - Expression of Interest to Address Council on Amendment No. 46 link

  The City of South Perth Council will be considering Town Planning Scheme Amendment No. 46 ‘South Perth Station Precinct’ at their Ordinary Council Meeting at 6pm, Tuesday 26 April 2016.

  A diverse range of views and opinions were expressed in the almost 900 submissions the City received during the public comment period for the Scheme Amendment.

  A copy of the Report on Submissions in relation to Amendment No. 46 will be made available on the City’s website, at Civic Centre offices and the City Libraries from 10am, Monday 11 April 2016.

  The Council is inviting Expressions of Interest from those who wish to make a deputation on Amendment No. 46 at an Agenda Briefing:

  5.30pm, Tuesday 19 April 2016
  South Perth Community Hall
  Cnr Sandgate St and South Tce, South Perth

  Lodge Your Expression of Interest

  Complete the Expression of Interest to Address Council on Amendment No. 46 form available on the City’s website and submit it by 5pm, Wednesday 13 April 2016.

  Please note: Only those who have lodged an Expression of Interest by the closing date will be considered to make a deputation at the meeting. Please understand that your request to make a deputation may not be fulfilled if an excessive number of requests are received. In order to reduce the number of requests received, the City is encouraging the community to submit joint deputations where appropriate.

  The final format of the meeting and deputations will be determined once the Expression of Interest period has closed. No PowerPoint presentations will be permitted. Those whose requests to make a deputation have been successful will be notified on Friday 15 April 2016.

  
  

• Thank you for your feedback - Approx. 900 submissions received

  Share Thank you for your feedback - Approx. 900 submissions received on Facebook Share Thank you for your feedback - Approx. 900 submissions received on Twitter Share Thank you for your feedback - Approx. 900 submissions received on Linkedin Email Thank you for your feedback - Approx. 900 submissions received link

  The out for comment period for changes to Amendment No. 46 South Perth Station Precinct to the Town Planning Scheme closed on Friday 5 February 2016.

  
  

  The City received approximately 900 submissions, with 250 submitted online through the yoursay.southperth portal, and no more submissions will be accepted.

  
  

  Due to the very high volume of submissions received, the City will take some time to assess and consider the submissions. This process could take a couple of months to complete, before a report on the submissions is presented to Council.
  

• Public Information Session - Presentation Available

  Share Public Information Session - Presentation Available on Facebook Share Public Information Session - Presentation Available on Twitter Share Public Information Session - Presentation Available on Linkedin Email Public Information Session - Presentation Available link

  The Amendment No. 46 presentation from the City’s public information session held on Thursday 3 December 2015 is now available to view here.
  

  Modifications to Amendment No. 46 is still open for public comment and has been extended to 5pm, Friday 5 February 2016.