Town Planning Scheme No 3
Amendment No 131
PLANNING AND DEVELOPMENT ACT 2005
RESOLUTION DECIDING TO AMEND A TOWN PLANNING SCHEME
CITY OF MANDURAH
TOWN PLANNING SCHEME NO 3
AMENDMENT NO 131
RESOLVED THAT Council in pursuance of Section 75 of the Planning and Development Act
2005 amend the CITY OF MANDURAH TOWN PLANNING SCHEME NO.3 by:
(a)
Rezoning Lot 151 Mississippi Drive Greenfields from ‘Residential R20’ to ‘Residential
R40’;
(b)
Identifying Lot 151 Mississippi Drive as ‘DCA1’ Scheme map.
(c)
Adding the following text to Appendix 11 (Developer Contribution Areas) of the Scheme
Text
No
1.
Description of
Land
Lot
151
Mississippi
Drive
Greenfields
Infrastructure to which cost
sharing arrangements relate
The construction of a fully
constructed, drained, kerbed,
and sealed six metre wide road
pavement
and
associated
verge treatments and dual use
paths to the standards and
specifications of the City.
Cost sharing arrangements
The owner of Lot 151 Mississippi Drive
Greenfields being responsible for a
contribution no greater that one third of
the cost as a condition of subdivision or
development.
The Amendment is complex under the provisions of the Planning and Development (Local
Planning Schemes) Regulations 2015 for the following reason:
•
The proposed amendment results in the creation of a developer contribution area
pursuant to section 72 of the Regulations.
Dated this 10th day of November 2015
...................................................................
Mark R Newman
CHIEF EXECUTIVE OFFICER
Proposal to Amend a Town Planning Scheme
1. Local Authority:
City of Mandurah
2. Description of Town
Planning Scheme:
Town Planning Scheme No 3
3. Type of Scheme:
District Zoning Scheme
4. Town Planning Scheme
No 3 Gazettal Date:
21 July 1999
5. Serial Number of Amendment:
Amendment No 131
6.
To increase the density of Lot 151, No. 124
Mississippi
Drive
Greenfields
from
‘Residential R20’ to ‘Residential R40’. The
proposed amendment will allow for the
development of 12 grouped dwellings on the
property in a similar manner as has been
developed nearby.
Proposal:
REPORT
ON SCHEME
AMENDMENT
City of Mandurah Town Planning Scheme No 3 Amendment No 131
Summary
Council is requested to adopt a proposed amendment to the Town Planning Scheme No 3
(Scheme 3) for the purpose of initiating public consultation.
The proposed amendment seeks to increase the density of Lot 151, No. 124 Mississippi Drive
Greenfields from ‘Residential R20’ to ‘Residential R40’. The proposed amendment will allow for
the development of 12 grouped dwellings on the property in a similar manner as has been
developed nearby.
In order to facilitate the ultimate construction of the unmade road to the north of the site, it is
proposed to support the increase in density and amend Appendix 2 of the Scheme to add the
subject property to require a contribution to the construction of the currently unmade road. The
contribution proposed amounts to one third of the cost of construction. This road link will provide
additional permeability and access to Lakes Road for the existing and future residents of the
area.
Background
The subject property, once developed, will finalise the development within this subdivision which
has been gradually developed since the mid 1990’s with the following context:
•
•
•
•
The site is surrounding by existing residential development with a density of R20 ranging
between 500 and 600 square metre lots;
More recently developed residential exists to the east of the subject lot with a density of R25
and characterised by lots ranging between 350 and 450 square metres;
The final stage of the Lady Brand retirement village currently, which is under construction, lies
to the north of the subject property with the unmade road in between. The Lady Brand village
has a density code of R30, however with density concessions granted to aged dependant
living developments, it has been developed at a density consistent with R40;
A reserve for Public Open Space (POS), predominantly undeveloped, is situated to the west
of the property along the Mississippi Drive boundary.
Comment
Proposal
The proposed Scheme Amendment seeks to retain the ‘Residential’ zoning of the property
however increase the density resulting in the opportunity to develop 12 grouped dwellings in lieu
of the maximum 6 that could be developed currently. The applicant has provided a concept
design as to the intended development for the subject property.
Density
The proposed amendment seeks to increase the density for the subject property. Currently the
site is considered low density with a density code of R20 whereas it is proposed to be increased
to R40 which is defined as medium density. Guidance to the density is provided through a
number of State and Council endorsed documents as set out below.
Directions 2031 Spatial Framework for Perth and Peel
Directions 2031 and Beyond (Directions 2031) establishes the framework to guide the detailed
planning of housing and infrastructure. Through this function Directions 2031 set target densities
of 15 dwellings per gross urban hectare, representing a 50 percent improvement on the
City of Mandurah Town Planning Scheme No 3 Amendment No 131
greenfield development density currently seen throughout WA. With the current site at the
existing R20 density, the development potential is six dwellings. The proposed density and
concepts received by the applicant suggest a development potential of 12 dwellings, representing
a doubling of the density, although when considered in the broader context of the locality, the
increase is relatively minor.
Towards Perth and Peel @ 3.5 million
The South Metropolitan Sub-regional Planning Framework Draft (Towards Perth and Peel @ 3/.5
Million) also discusses the need to increase both infill development and increase the density for
urban zoned land through the Perth and Peel Region.
Liveable Neighbourhoods (2015 Draft)
Liveable Neighbourhoods provides guidance as to the appropriate location of medium and high
density development. It suggests that medium density should be located within 400 metres of a
neighbourhood centre or 800 metres of a district centre. The subject site is located approximately
400 metres from the Lakes / Pinjarra Road Showroom development. While this does not fit within
the definition of a neighbourhood centre, which is primarily to serve the day to day needs of the
community surrounding rather than a bulky goods showroom development, the Lakes / Pinjarra
Road ODP provides the opportunity to develop up to 3000 square metres of retail floor space.
While this portion of land has yet to be developed, a small supermarket could be developed
under the terms of the ODP.
Mandurah East Structure Plan (MESP)
The MESP is a structure plan approved by Council and the WAPC is 2009 to guide the future
land use and development of the broader undeveloped area near the Lakes Road / Pinjarra Road
intersection. While the subject property does not fall within the MESP, it is assumed this due to
the development of the plan being after the majority of the subdivision was already built out.
Notation seven of the MESP is still considered to be relevant for the ultimate development of the
subject site. This note states:
“Predominant R30 and R40 development within 400m radius catchment of the new Local
Centre”
It is noted the subject property is within the 400 metre radius to the future local centre and within
the 450 metre radius from the existing Murdoch Drive centre. It is also noted the direct access to
the existing Murdoch Drive centre is predicated on the construction of the unmade road.
Urban Form and Housing Strategy
The Urban form and housing strategy developed in 2013 reinforces the desired increased density
discussed in the Directions 2031 documents and specifies the specific areas within Mandurah
and the future development and density standards. For the Greenfields area the desired density
range is R25-R60.
Existing pattern of Development
Approximately 200 metres to the east of the subject site is a similar small parcel of standalone
R40 zoned land comprising 3 lots of approximately 2000 square metres each and there is another
standalone R40 site approximately 200 metres to the north of the subject site measuring 3296
square metres (image below). Both of these site have been developed as single storey grouped
dwellings in a similar manner to that proposed in this instance.
City of Mandurah Town Planning Scheme No 3 Amendment No 131
Subject Lot
Unmade Road
As discussed above, there is an unmade road to the immediate north of the subject property.
More accurately, this parcel is currently a Right Of Way (ROW) in the ownership of the State,
however the City is currently progressing to have the parcel dedicated as a road (image below).
This connection is identified on the MESP and a ‘Key Local Road Connection’.
The current concepts have been drafted such that no vehicle access is gained from the unmade
road, rather the vehicles are served by a common property access from Mississippi Drive. They
City of Mandurah Town Planning Scheme No 3 Amendment No 131
are designed, however, such that the front doors open to and address the future road. Based on
this and the ultimate permeability the connection between Lakes Road and the Murdoch Drive
Local Centre the road connection will provide benefit to not only the existing residents of the area
but to a great extent the proposed additional residents of the proposed dwellings.
The Planning and Development Regulations (section 71) and State Planning Policy 3.6 (SPP3.6)
provides the framework under which contributions for infrastructure are required. Developer
contributions are only enforceable once incorporated into the Scheme. As such, it is
recommended that Appendix 11 of the Scheme be amended such that reference is given to the
requirement of a developer contribution for the cost of construction of the unmade road
connection upon development and / or subdivision of the site.
SPP 3.6 also sets out he guiding principles for the development of a contribution plan.
Need and nexus
The need for the road to be constructed and the applicability to the subject lots needs to be
demonstrated. In this case, the proposed development, while gaining vehicle access from the
existing Mississippi Drive will develop with the front door addressing the future road and gaining
pedestrian access from the same. In addition, the additional traffic link to Lakes Road will provide
greater permeability and alleviate local traffic.
Transparency
The method of calculating the contribution and the manner it is to be applied should be clear and
transparent. The City has determined an approximate cost for the construction of a standard road
including a footpath for the required length. In developing a contribution plan the applicant is
entitled to provide additional cost estimates and the figure can be agreed from these figures.
Equity
The developer contribution should be levied from all developers within a developer contribution
area based on their relative contribution to need. It is considered based on the additional 12
dwellings proposed fronting the road, a one third contribution to the infrastructure is appropriate
with the City and the developer to the north being responsible for the remainder of the costs.
Certainty
All development contributions should be clearly identified and methods of accounting for cost
adjustments determined at the commencement of a development. As part of the amendment it is
recommended Appendix 2 of the Scheme be also amended to include the necessary provisions
for the developer contribution and the accounting provisions.
The City has undertaken some preliminary costings for the construction with the connection being
estimated to be approximately $100,000. With the proposed development yielding 12 dwellings,
the contribution sought for the road construction equates to approximately $3,000 per dwelling.
City of Mandurah Town Planning Scheme No 3 Amendment No 131
Developer Contribution Plan
It is included in the recommendation that the City will prepare a Developer Contribution Plan
(DCP) in accordance with section 71 of the Planning and Development Regulations (officer
comment is italics):
•
The development contribution area to which it applies;
The DCP will apply to Lot 151 Mississippi Drive Greenfields and will be depicted and
referenced on the Scheme map.
•
The infrastructure and administrative items to be funded through the plan;
The DCP will be prepared for the construction of the road connection between Kwella
Entrance and Mississippi Drive.
•
The method of determining the contribution of each owner of land in the DCP;
The costs shall be determined on the construction of a standard 6 metre wide sealed
pavement, drainage and verge treatment including a dual use pedestrian /cycle path within
the road reserve.
•
The priority and timing for the provision of the infrastructure;
The City will budget for the construction of the road upon receipt of the contribution to
undertake the works within an appropriate timeframe.
•
Whether costs of providing infrastructure and administrative item are to be reviewed annually
and if so, the method proposed for the review of costs; and
While it is presumed the applicant is seeking to develop the site in the short term, the DCP
can include mechanisms to ensure the costs are reviewed and agreed prior to the contribution
being made. This may include the possibility the applicant can seek quotations.
•
The term for which the plan is to have effect.
The intent is that the contribution will be made as a condition of subdivision or development of
the subject property and as such will be considered finalised upon the City receiving the
contribution.
It is considered that based on the single lot and single landowner involvement, that he
preparation of a DCP will not be onerous or overly complex.
Conclusion
The proposed increase in density is consistent with the desired increase in infill and greenfield
density established through the state level strategic planning documents. While acknowledged
the Scheme amendment is on a small scale, it is considered that there is merit in supporting such
a proposal for the purposes of initiating public consultation. The increase in density and additional
houses also provide the need and nexus required to warrant the construction of the currently
unmade road and in accordance with SPP 3.6 it is considered pertinent to include provisions
within the Scheme to allow for the preparation of a developer contribution plan.
City of Mandurah Town Planning Scheme No 3 Amendment No 131
SCHEME
AMENDMENT
TEXT
City of Mandurah Town Planning Scheme No 3 Amendment No 131
PLANNING AND DEVELOPMENT ACT 2005
CITY OF MANDURAH
TOWN PLANNING SCHEME NO.3
AMENDMENT NO.131
The City of Mandurah under and by virtue of the powers conferred upon it by the Planning and
Development Act 2005, hereby amends the above Town Planning Scheme by:
(a)
Rezoning Lot 151 Mississippi Drive Greenfields from ‘Residential R20’ to ‘Residential
R40’;
(b)
Identifying Lot 151 Mississippi Drive as ‘DCA1’ Scheme map.
(c)
Adding the following text to Appendix 11 (Developer Contribution Areas) of the Scheme
Text
No
1.
Description of
Land
Lot
151
Mississippi
Drive
Greenfields
Infrastructure to which cost
sharing arrangements relate
The construction of a fully
constructed, drained, kerbed,
and sealed six metre wide road
pavement
and
associated
verge treatments and dual use
paths to the standards and
specifications of the City.
Cost sharing arrangements
The owner of Lot 151 Mississippi Drive
Greenfields being responsible for a
contribution no greater that one third of
the cost as a condition of subdivision or
development.
The Amendment is complex under the provisions of the Planning and Development (Local
Planning Schemes) Regulations 2015 for the following reason:
•
The proposed amendment results in the creation of a developer contribution area
pursuant to section 72 of the Regulations.
ADOPTION
Adopted by resolution of the City of Mandurah at the Ordinary Meeting of the Council held on the
10th day of November 2015
..................................................................………
M VERGONE, MAYOR
............................................................................
M R NEWMAN, CHIEF EXECUTIVE OFFICER
FINAL ADOPTION
1.
ADOPTED FOR FINAL APPROVAL by resolution of the City Of Mandurah at the Ordinary
meeting of Council held on the …… day of ……………… 20.... The Common Seal of the
City of Mandurah was hereto affixed by authority of a resolution of the Council in the
presence of:
............................................................................
M VERGONE, MAYOR
............................................................................
M R NEWMAN, CHIEF EXECUTIVE OFFICER
2.
RECOMMENDED/SUBMITTED FOR FINAL APPROVAL
............................................................................
DELEGATED UNDER S.16 OF PD ACT 2005
............................................................................
DATE
3.
FINAL APPROVAL GRANTED
............................................................................
MINISTER FOR PLANNING
............................................................................
DATE