TOWN PLANNING SCHEME NO. 40 - City of Canning€¦ · TOWN PLANNING SCHEME NO. 40 Gazetted: 18...

TOWN PLANNING

SCHEME NO. 40

Gazetted: 18 February 1994

Last Scheme Amendment: 5 April 2019

Last Document Update: 8 April 2019

Disclaimer

Whilst this document is generally believed tobe complete at the time of compilation and allreasonable efforts are made to ensure itscurrency, no warranty is given that it is freefrom error or omission.

The definitive City of Canning Town PlanningScheme No. 40 Text (and Scheme Maps) isthat which is held by the City of Canning atany point in time.

CITY OF CANNING TPS 40 – TEXT AMENDMENTS

AMDNo.

GAZETTAL DATE DETAILS

1 26 / 06 / 1994Appendix 5: Delete Additional Use No. 28 and substitute with a

new Additional Use No. 28.

3 12 / 07 / 1994Appendix 5: Insert Additional Use No. 44, 59-89 Pilbara Street

(Pt Lot 3).

6 16 / 09 / 1994Zoning Table: Delete Night Club/Tavern and enter as separate

entries.

4 07 / 10/ 1994Appendix 5: Insert Additional Use No. 45, 288 High Road (Lot

1112), Riverton.

8 11 / 10 / 1994Appendix 5: Insert Additional Use No. 47, 24-26 Ewing Street

(Lot 201), Bentley.

9 14 / 10 / 1994

Zoning Table: Insert Convenience Store.Table 4B: Insert Convenience Store.Table 7B: Insert Convenience Store.Appendix 1: Insert Convenience Store.Appendix 5: Amend Additional Use No. 1, 11, 12, 13, 16, 19, 20,

25 & 39 by inserting Convenience Store.

12 16 / 12 / 1994

Appendix 5: Amend Additional Use No. 42, 21-39 Burton Street, Bentley.

Appendix 5: Insert Additional Use No. 49, 5-19 Burton Street (Lot63), Bentley.

13 16 / 12 / 1994Appendix 5: Insert Additional Use No. 50, 24 Augusta Street (Lot

136), Willetton.

14 17 / 02 / 1995Appendix 5: Insert Additional Use No. 51, 382-412 Orrong Road,

Welshpool.

19 05 / 05 / 1995Appendix 5: Insert Additional Use No. 53, 192-194 Bannister

Road (Lot 401), Canning Vale.

17 26 / 05 / 1995 Part 2: Amend paragraph2.3.7.1, subclause 2.5.5.Insert paragraph 2.3.8.4.

Zoning Table: Insert use class 'Family Day Care Centre'.Amend use class 'Kennels'.Amend use class 'Educational Establishment'.Amend use class 'Open Air Display'.

Part 4: Amend paragraph 4.5.2.2.Delete subclause 4.5.6.

Table 4B: Insert 'Retail Establishment'.Amend 'Vehicle Workshop'.

Part 5: Amend subclause 5.4.3, 5.4.7.Part 6: Amend paragraph 6.4.5.1, 6.4.5.2(b), 6.4.2.2 &

subclause 6.4.4.Insert paragraph 6.4.2.1, renumber existing paragraph 6.4.2.1 to 6.4.2.2.Delete subclause 6.4.7.

Table 6B: Amend 'Vehicle Workshop'.Part 7: Amend paragraph 7.4.5.1, 7.4.5.2(b), 7.4.2.2 &

subclause 7.4.4.

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Delete subclause 7.4.7.Table 7A: Delete column headed 'Minimum Frontage in

Metres'.Table 7B: Insert 'Retail Establishment'.

Amend 'Vehicle Workshop'.Part 8: Insert subclause 8.4.4.

Appendix 1: Insert definition of 'stall'.Amend the definition of 'home occupation'.Amend the definition of 'Canteen'.Amend the definition of 'non-conforming use'.Amend the definition of 'vehicle workshop'.Amend the definition of 'service station'.Insert definition of 'Net lettable area'.

Appendix 5: Amend heading of column 4.


(Lot 8), Welshpool.

22 11 / 07 / 1995Appendix 5: Insert Additional Use No. 55, 8 & 10 Purkiss Street

(Lot 33 & 34), Cannington.

25 11 / 07 / 1995Part 5: Amend paragraph 5.4.5.2.Appendix 1: Amend the definition of 'commercial vehicle'.

39 26 / 07 / 1995Part 2: Insert new subclause 2.3.9A – Power to Reconsider

Applications.

26 17 / 11 / 1995Appendix 5: Insert Additional Use No. 58, 246 High Road (Lot

40) & 81 Vahland Avenue (Lot 36), Riverton.


501), Willetton.

24 30 / 04 / 1996Appendix 5: Insert Additional Use No. 56, 271-291 Treasure

Road (Lot 22), Welshpool.

37 16 / 08 / 1996Appendix 5: Insert Additional Use No. 62, 113 Collins Road (Lot

53), Canning Vale.

28 27 / 08 / 1996

Appendix 5: Insert Additional Use No. 59, 2, 4 & Pt 6 Madeira Road (Lot 134, 133 & part of Lot 132), part of 9-11 and 13-15 Gavin Court (part of Lot 124 & 123), Parkwood.

44 24 / 09 / 1996Appendix 5: Amend Additional Use No. 51, 382-412 Orrong

Road (part of Lot 304), Welshpool.

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34 31 / 01 / 1997

Part 6: Amend subclause 6.4.10.Amend paragraph 6.4.2.3(b).

Part 5: Amend paragraph 5.4.5.2(c).Appendix 1: Amend definition of 'vehicle sales premises', 'retail

establishment', 'lunch bar', 'shop' and 'child day carecentre'.Delete the definition of 'Gross Leasable Area'.

Table 4B: Amend 'Lunch Bar' use.Delete reference to “Gross Leasable Area” and substitute with “Net Lettable Area (NLA)”.Insert requirement for 'Office' of 1 space per 30m2 GFA except for areas open to the public.



52 11 / 03 / 1997Appendix 5: Insert Additional Use No. 65, 88 Catalano Circuit

(Lot 10), Canning Vale.

50

18 / 03 / 1997 Appendix 5: Amend Additional Use No. 37 to insert “Development to be in accordance with an Outline Development Concept Plan approved by the Council.” in the 'Additional Development Requirements' column.

33 27 / 03 / 1997

Appendix 5: Insert Additional Use No. 61, Lot 198 Bannister Road (cnr Canvale Road) Canning Vale.Amend Additional Use No. 43 to change property details to 10-16 Mills Street (Lot 5), Cannington.

54 18 / 04 / 1997Appendix 5: Insert Additional Use No. 66, 38 Vahland Avenue

(Lot 57), Riverton.

35 16 / 05 / 1997

Part 2: Amend subclause 2.1.1.Delete subclause 2.1.2.Amend paragraph 2.3.1.5.Amend paragraphs 2.3.3.1, 2.3.3.2 & 2.3.3.3.Amend the heading of subclause 2.3.10.Insert paragraph 2.3.10.2A.

59 16 / 05 / 1997Appendix 5: Insert Additional Use No. 68, 2-4 Lynwood Avenue

(Lot 213), Lynwood.

55 30 / 05 / 1997

Appendix 5: Amend Additional Use No. 43, 10-16 Mills Street (Lot 5), Cannington.Insert Additional Use No. 67, 17 Mills Street (Lot 67), Cannington.

60 20 / 06 / 1997 Part 2: Insert new subclause 2.2.6 – Temporary Uses.

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45 08 / 07 / 1997Appendix 5: Insert Additional Use No. 64, Lot 500 Aveley Street /

Leach Highway, Willetton.

29 16 / 09 / 1997

Part 5: Delete paragraph 5.4.1.5 and substitute with new paragraph 5.4.1.5.Delete subclause 5.4.2 and substitute with new subclause 5.4.2.

Appendix 1: Insert definition of “development site frontage”.Appendix 7: Delete Appendix 7 and substitute with new Appendix

7.

53 24 / 10 / 1997

Table 4B & 7B:

Amend “shop” land use to “Shop and Shopping Centres – 6 spaces per 100m2 NLA provided that where the aggregate floorspace is less than 1,500m2 NLA Council may reduce the parking provision to 5 spaces per 100m2 NLA.Amend “restaurant”, lunch bar” and “take-away food outlet” by inserting after the prescribed minimum parking standards “unless part of a Shopping Centrein excess of 1500m2 NLA in which occupants share a common parking area, in which case the standards for shopping centres shall apply as if any floorspace used for the designated use were lettable.”

69 24 / 10 / 1997Appendix 5: Insert Additional Use No. 72, 7 Herald Avenue (Lot

194), Willetton.

66 05 / 12 / 1997Appendix 5: Amend Additional Use No. 68, 2-4 Lynwood Avenue

(Lot 213), Lynwood.

62 09 / 12 / 1997

Appendix 5: Amend Additional Use No. 2, 564 Metcalfe Road (Lot 1), Ferndale.Amend Additional Use No. 3, 560 Metcalfe Road (Lot 2), Ferndale.

23

27 / 02 / 1998 Part 2: Amend heading of subclause 2.2.5 and paragraph 2.2.5.4.

Appendix 5: Amend heading and format of Appendix 5.Amend Additional Use No. 57, Pt Lot 14 Bannister Road, Canning Vale.

75 06 / 03 / 1998Appendix 5: Insert Additional Use No. 73, 3-5 Woodthorpe Drive

(Lot 20), Willetton.

40 & 41 01 / 05 / 1998

Amendment 41 is a correction to Amendment 40Appendix 5: Insert Additional Use No. 63, area bounded by

Railway Reservation, Clifton Road, Bannister Road and Ranford Road, Canning Vale.

Appendix 5: Insert Additional Use No. 74, area bounded by Railway Reservation, Clifton Road, Bannister Road and Water Authority Depot, Canning Vale.

Appendix 1: Insert definition of “pet cemetery”.

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51 23 / 06 / 1998

Part 2: Insert clause 2.8 – Control of Satellite Dishes, Microwave Antennae and Radio Masts.

Appendix 1: Amend definition of “Radio & TV Installation – Private”.

Appendix 1: Insert definition “telecommunications infrastructure”.Table 3: Delete use class “Radio and TV Installations –

Private”Table 3: Insert use class “Telecommunications Infrastructure”

as an “SA” use in all zones.

92 23 / 07 / 1998 Part 2: Amend subclause 2.1.10.

76 01 / 12 / 1998Appendix 5: Insert Additional Use No. 76, 43 Bungaree Road

(Lot 6), Wilson.


(Lot 6), Wilson.

78 30 / 03 / 1999Appendix 5: Amend Additional Use No. 50, 24 Augusta Street &

3 Whyalla Street (Lot 136 and part of Lot 112), Willetton.

83 23 / 04 / 1999Appendix 5: Insert Additional Use No. 77, 53-61 Kewdale Road

(Lot 56), Welshpool.

89 15 / 06 / 1999Appendix 5: Insert Additional Use No. 79, 1443 Albany Highway

(Lot 4), Cannington.

85 23 / 07 / 1999Appendix 5: Insert Additional Use No. 78, 21 Woodthorpe Drive


88 14 / 09 / 1999Appendix 5: Insert Additional Use No. 80, 83-85 Catalano Circuit


95 24 / 09 / 1999Appendix 5: Insert Additional Use No. 83, 300 Vahland Avenue

(Pt Lot 3), Willetton.


(Lot 1764), Wilson.

98 21 / 07/ 2000Appendix 5: Amend Additional Use No. 66, 36-38 Vahland

Avenue (Lot 56 & 57), Riverton.

104 12 / 01 / 2001

Appendix 1: Insert definition of “home office”.Delete definition of “home occupation” and substitute with a new definition of “home occupation”.

Table 3: Insert use class of “home office”.Part 2: Amend paragraph 2.3.1.3.

99 23 / 03 / 2001Appendix 5: Insert Additional Use No. 85, 190-208 Welshpool

Road (portion of Lot 501), Welshpool.


220), Riverton.


(Lot 3), Welshpool.

114 15 / 01 / 2002Appendix 5: Amend Additional Use No. 83, 300 Vahland Avenue

(Pt Lot 3), Willetton.

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110 04 / 02 / 2003Appendix 5: Insert Additional Use No. 89, 412-420 Welshpool

Road (Lot 200), Welshpool.

119 18 / 02 / 2003Appendix 5: Insert Additional Use No. 91, 206 High Road (Lot 4),

Riverton.

117 21 / 02 / 2003Appendix 5: Insert Additional Use No. 88, Lot 20 Felspar Street,

Welshpool.

113 22 / 08 / 2003Appendix 5: Insert Additional Use No. 90, 239-247 High Road &

86 Vahland Avenue (Lot 10 & 11), Willetton.

133 13 / 05 / 2005Appendix 5: Amend Additional Use No. 64, 6-8 Aveley Street (Lot

500), Willetton.

128 20 / 05 / 2005Part 2: Amend paragraph 2.3.1.3.

Amend paragraph 2.3.1.7.Insert clause 2.9 – Special Control Areas.

130 17 / 06 / 2005Appendix 5: Insert Additional Use No. 34, 7 Cumulus Place & 36

Granville Way (Lot 101 & 501), Willetton.

123 01 / 07 / 2005Appendix 5: Insert Additional Use No. 94, 57-85 Radium Street,

Cannington.


62), Willetton.

140 09 / 12 / 2005Appendix 5: Delete Additional Use No. 29, 36 Marjorie Avenue,

corner Barbican Street (Lot 4), Riverton.

143

07 / 02 / 2006 Appendix 5: Delete Additional Use No. 9, 1123-1124 Albany Highway (Lot 2 & 3), Bentley.Insert Additional Use No. 100, 1121 & 1123 & 1125 Albany Highway (Lot 1, 2 & 3) & 1 & 3 Coolgardie Street (Lot 4 & 5), St James.

122 27 / 06 / 2006Appendix 5: Insert Additional Use No. 95, northern portion of Lot

302 Madeira Road, Parkwood.

139 06 / 10 / 2006Appendix 5: Insert Additional Use No. 99, Lot 166, 167 & 168

Wharf Street, Queens Park.

150 18 / 03 / 2008 Part 2: Insert subclause 2.7.14 – Restrictive Covenants.

148 24 / 04 / 2008Part 2: Amend paragraph 2.9.1.1.

Insert subclause 2.9.3 – Jandakot Airport Buffer Special Control Area.

158 13 / 02 / 2009Zoning Table: Amend “multiple dwelling” land use as “AA” in the

City Centre Deferred Zone.

153 29 / 05 / 2009Appendix 5: Insert Additional Use No. 101, 2-10 Adams Drive

(corner Welshpool Road), Welshpool.

166 25 / 06 / 2010Appendix 5: Amend Additional Use No. 91, 206 High Road (Lot

4), Riverton.


218), Riverton.

190 01 / 02 / 2013Appendix 5: Amend Additional Use No. 27, 241 & 245 Ferndale

Crescent (Lot 2), Ferndale.

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180 09 / 08 / 2013 Part 2: Delete subclause 2.2.6 – Temporary Uses.

191 09 / 08 / 2013Appendix 5: Amend Additional Use No. 28, 363 High Road (Lot

2), Riverton.

195 20 / 08 / 2013

Part 2: Amend Table 2 in subclause 2.2.1 – Classification.Amend subclause 2.9.1 – Operation of Special Control Areas.Insert new subclause 2.9.4 – Development Areas.

Zoning Table: Insert “Development” zone.Part 4: Delete subclause 4.4.1 & 4.4.2 and substitute with

new subclause 4.4.1 – Canning City Centre Policies.Part 5: Delete subclause 5.3.3 and substitute with a new

subclause 5.3.3 – Historical Structure Plans.Part 10: Insert new Part 10 – Development Zones.Part 11: Insert new Part 11 – Structure Plans.Appendix 6: Amend title to “Areas Subject to Historical Structure

Plans – 'Livingston Estate'” & “Areas Subject to Historical Structure Plans – 'Ranford Estate'”.

Appendix 9: Insert new Appendix 9 – Development Areas.

184 09 / 05 / 2014 Appendix 9: Insert DA1 to Appendix 9.

199 09 / 05 / 2014Appendix 5: Amend Additional Use No. 15, 5 Rangeview Place


167 24 / 06 / 2014Appendix 5: Insert Additional Use No. 103, 56-58 Kent Street

(Lot 51), Cannington.

197 01 / 08 / 2014

Part 2: Amend subclause 2.2.4 – Uses Not Listed.Amend paragraph 2.3.7.1, 2.3.7.2 & 2.3.8.3

Part 3: Insert new subclause 3.1.8 – Variations to Site and Development Standards and Requirements.

205 30 / 01 / 2015Appendix 5: Amend Additional Use No. 66, 36-38 Vahland

Avenue (Lot 56 & 57) & 213 Corinthian Road (Lot 55), Riverton.

201 30 / 01 / 2015Appendix 5: Insert Additional Use No. 107, 1-3 Glenmoy Avenue

(Lot 1), Willetton.

209 28 / 07 / 2015Appendix 5: Amend Additional Use No. 97, 29 Augusta Street


N/A 25 / 08 / 2015

Planning and Development Regulations 2015 – Deemed ProvisionsSchedule A: Move subclause 2.5.5 to Schedule A and strike

through.Scheme Text: Strike through various clauses now superseded by

the Deemed Provisions.

207 25 / 09 / 2015Appendix 5: Insert Additional Use No. 108, 1 Wilfred Road (Lot

11), Canning Vale.

160 06 / 11 / 2015Part 5: Delete subclause 5.3.3.Appendix 5: Delete Additional Use No. 35 & 37.Appendix 6: Delete structure plan maps, retain heading.

198 08 / 12 / 2015 Part 2: Amend subclause 2.2.2.

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Part 3: Replace Table 3 – Zoning Table with Table 3A – Zoning Table.Insert new Table 3B – Land Use Parking Requirements.

Part 4: Amend subclause 4.5.1, 4.5.2, 4.5.3 & paragraph 4.5.4.2 (a).Rename Table 4A to Table 4.Delete Table 4B.

Part 5: Delete paragraph 5.4.1.6 & subclause 5.4.2.Amend subclause 5.4.4, 5.4.7 & 5.4.9.Delete Table 5.

Part 6: Amend subclause 6.4.1, 6.4.2, paragraph 6.4.2.3 (g)& sub-clause 6.4.3.Rename Table 6A to Table 6.Delete Table 6B.

Part 7: Amend subclause 7.4.2, 7.4.3, paragraph 7.4.4.2 (a)& subclause 7.4.9.Rename Table 7A to Table 7.Delete Table 7B.

Part 8: Amend paragraph 8.4.1 (e) & subclause 8.4.2.Rename Table 8A to Table 8.Delete Table 8B.

Part 9: Amend subclause 9.4.3.Delete Table 9.

Appendix 1: Insert “bed and breakfast” & “home business”.Amend “shop” & “service station”.Delete “milk depot”, “amenity building” & “canteen”.

Appendix 7: Delete Appendix 7 in its entirety.

210 15 / 01 / 2016Appendix 5: Amend Additional Use No. 91, 206, 208 and 208A

High Road, Riverton.

206 05 / 02 / 2016Appendix 9: Insert DA4, Lot 99 Portcullis Drive & Lot 130

Woodthorpe Drive, Willetton.

220 03 / 06 / 2016 Part 1: Amend clause 1.2.Part 2: Delete subclause 2.1.4 (last paragraph), 2.1.6,

2.1.7, 2.1.8, 2.1.9, 2.1.10, 2.1.11, 2.3.1, 2.3.2, 2.3.3.1, 2.3.3.2, 2.3.3.4, 2.3.4, 2.3.5, 2.3.8, 2.3.9, 2.3.9A, 2.3.10, 2.3.11, 2.3.12, 2.5.2, 2.5.4, 2.5.5, 2.5.6, 2.5.7, 2.5.8, 2.5.9, 2.5.10, 2.5.11, 2.6.1.2, 2.6.1.3, 2.6.2, 2.6.3, 2.6.4, 2.7.1, 2.7.2, 2.7.3, 2.7.4, 2.7.5, 2.7.6, 2.7.7, 2.7.8, 2.7.9, 2.7.10, 2.7.11, 2.7.12, 2.7.13, 2.8.3 & 2.8.6.Amend subclause 2.1.1, 2.2.3, 2.2.4, 2.3.6.2, 2.3.7.2, 2.3.7.3, 2.4.4.2, 2.9.4.1.

Part 3: Amend subclause 3.1.5, 3.1.8.2(a), 3.1.8.3(a), 3.2.8.1(e), 3.2.8.2(f).

Part 4: Amend subclause 4.6.3.Part 5: Delete paragraph 5.4.1.3.

Amend subclause 5.4.8(a).Part 7: Amend subclause 7.4.1.Part 10: Delete subclause 10.4.3 & clause 10.5.

Amend subclause 10.4.1.

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Part 11: Delete all clauses except 11.2.Move clause 11.2 to paragraph 2.9.4.1.

Schedule A: Insert new Schedule A – Supplemental Provisions tothe Deemed Provisions.

Appendix 1: Rename to Schedule B – Definitions.Delete “the Act”, “advertisement”, “amenity”, “Building Code of Australia”, “owner”, “reserve”, “Residential Planning Codes or R-Codes”, “zone”.Amend the definition of “Part”.

Appendix 2: Rename to Schedule C – Car Parking and Manoeuvre Specifications.

Appendix 3: Delete.Appendix 4: Rename to Schedule D – Heritage List.Appendix 5: Rename to Schedule E – Schedule of Additional or

Prohibited Uses.Appendix 6: Delete.Appendix 7: Delete.Appendix 8: Delete.Appendix 9: Rename to Schedule F – Development Areas.All document: Replace references to various acts and legislation

with updated acts and legislation.Update all numbering and cross-references.

208 29 / 07 / 2016

Part 1: Amend clause 1.2.Part 2: Amend Table 2 – Zones.

Insert “Centre” zone and associated land use permissibility in Table 3A – Zoning Table.Insert “Small Bar” in Table 3A – Zoning Table.

Part 3: Insert “Small Bar” in Table 3B – Land Use Parking Requirements.

Part 4: Amend clause 4.1, 4.2, insert new subclause 4.3.3, insert clause 4.7.

Schedule B: Insert “small bar”.

216 07 / 10 / 2016 Schedule E: Amend Additional Use No. 76.

217 07 / 10 / 2016 Schedule E: Amend Additional Use No. 58.

221 21 / 10 / 2016 Insert new parts into the Scheme as follows:

Part 1 – PreliminaryPart 2 – ReservesPart 3 – Zones and Use of LandPart 4 – General Development RequirementsPart 5 – Special Control AreasPart 6 – Terms Referred to in the Scheme

Move the contents of old Parts 4, 5, 6, 7, 8 & 9 into new Part 4.Move old clause 2.9 into new Part 5.Move contents of Schedule B into new Part 6.Insert Model Provisions into Parts 1, 2 & 3 with some modifications.Update various land use definitions.Delete Schedule B and renumber remaining Schedules as

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required.Update all numbering and cross-references as necessary.

222 17/02/2017

Schedule D: Delete Additional Use No. 4, 5, 10, 17, 27, 30, 44 & 90.Amend Additional Use No. 1, 7, 11, 15, 25, 38, 40, 42, 48, 49, 50, 51, 57, 61, 62, 64, 73, 77, 80, 88, 89,95, 97, 99 & 104.Amend references from “Pt” and “Ptn” to “Portion”, “and” to “&”, “Gross Floor Area” to “GFA” and numbers written as words to numercal values.Delete empty Additional Use No. 9, 29, 35, 37, 46, 52, 54, 69, 70, 71, 75, 81, 82, 92, 96, 98, 105 & 106.

196 09/06/2017

Part 2: Delete the “City Centre” and “City Centre Deferred” zones in Table 2 – Zone Objectives.Amend the objective of “Highway Commercial” zonein Table 2 – Zone Objectives.

Part 3: Delete the “City Centre” and “City Centre Deferred” columns in Table 3 – Zoning Table, move the “Centre” column after the “General Industry” column and renumber.

Part 4: Amend paragraph 4.10.5(a) & 4.11.5(a).Delete clause 4.14 in its entirety including Table 8.

Part 6: Delete the definition of “Canning Regional Centre” and replace with a new definition of “Canning City Centre”.Delete the definition of “Regional Centre”.

Schedule D: Delete Additional Use No. 36.

225 15/08/2017

Part 3: Amend the name of various land uses to match those in the regulations and ensure consistency.Insert the land use “Holiday Accommodation”, “Holiday House”, “Hospital”, “Liquor Store – Large”, “Liquor – Small” and “Motor Vehicle Wash”.Delete the land use “Factory Tenement Building”.

Part 4: Amend the parking rate for the land uses “Bed and Breakfast”, “Lunch Bar”, “Office”, “Restaurant/Cafe” and “Take-Away Food Outlet”.Delete subclause 4.8.5 Control of Advertisements and subclause 4.8.7 Control of Satellite Dishes, Microwave Antennae and Radio Masts. Renumber subclause 4.8.6 Heritage Protection to 4.8.5.Introduce a minimum lot size for the Rural and Special Rural zones in Table 7.

Part 5: Amend paragraph 5.1.2(b) and 5.1.3(b) to reduce DA requirement where a notification on title is already present.

Schedule B: Delete and renumber following schedules.Various: Various changes to wording, numbering and

formatting to simplify the Scheme.

226 22/08/2017Schedule C: Amend Additional Use No. 8 to increase number of

practitioners to 6.

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228 03/10/2017

Part 4: Delete the heading of clause 4.8.Delete subclause 4.9.3, 4.10.2, 4.11.2, 4.12.5 & 4.13.3.Renumber clause 4.9-4.16 to 4.14-4.21.Renumber subclause 4.8.1, 4.8.2, 4.8.3, 4.8.4, 4.8.5to clause 4.8, 4.9, 4.10, 4.11, 4.13.Amend subclause 4.11.1.Insert new subclause 4.11.8 heading between paragraph 4.11.7(g) and (h) and renumber.Insert clause 4.12 Bicycle Parking and End of Trip Facilities.Delete Table 4 and replaced with a new Table 4.

230 06/04/2018Part 4: Delete subclause 4.14.1 and renumber subsequent

subclauses accordingly.

231 01/06/2018 Part 1: Amend clause 1.11.Part 2: Amend Table 1 change the reserves ‘Local Park &

Recreation Area’ and ‘Civic and Cultural Areas’ to ‘Public Open Space’ and ‘Civic and Community’.

Part 3: Amend Table 3 to delete the ‘Special Residential/Kennel’ zone row.Amend the name of the zone ‘Development’, ‘Highway Commercial’, ‘Special Rural’ and ‘Private Clubs & Institutions’ to ‘Urban Development’, ‘Service Commercial’, ‘Rural Residential’ and ‘Private Community Purposes’ respectively in Table 2.Amend Table 2 to replace the objectives of the ‘Urban Development’, ‘Service Commercial’, ‘Rural Residential’ and ‘Private Community Purposes’ zones.Remove the following land uses from Table 3 – Auction Mart, Cattery, Contractor’s Yard, Display Home Centre, Motor Vehicle Wrecking, Occasional Uses, Open Air Display, Salvage Yard, Special Facilities, Spray Painting (Non-Automotive), Stable, Stock Holding and Salesyards and Veterinary Hospital.Amend Table 3 by renaming the following land uses – Health Centre to Medical Centre, Kennels to Animal Establishment, Medical Consulting Rooms toConsulting Rooms, Public Amusement to Amusement Parlour, Retail Establishment to Trade Supplies, Rural Pursuit to Agriculture – Intensive, Showroom to Bulky Goods Showroom, Take Away Food Outlet to Fast Food Outlet, Veterinary Clinic to Veterinary Centre, Warehouse to Warehouse/Storage, Retirement Village to Aged Care Facility.Amend Table 3 by inserting the following land uses – Animal Husbandry – Intensive, Cinema/Theatre, Recreation – Private.

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Amend Table 3 by amending the land use permissibility of the following land uses – Convenience Store, Place of Worship and Trade Supplies.

Part 4: Amend Table 4 by removing the following land uses – Auction Mart, Cattery, Contractor’s Yard, Display Home Centre, Motor Vehicle Wrecking, Occasional Uses, Open Air Display, Salvage Yard, Special Facilities, Spray Painting (Non-Automotive), Stable, Stock Holding and Salesyards and Veterinary Hospital.Amend Table 4 by renaming the following land uses – Health Centre to Medical Centre, Kennels to Animal Establishment, Medical Consulting Rooms toConsulting Rooms, Public Amusement to Amusement Parlour, Retail Establishment to Trade Supplies, Rural Pursuit to Agriculture – Intensive, Showroom to Bulky Goods Showroom, Take Away Food Outlet to Fast Food Outlet, Veterinary Clinic to Veterinary Centre, Warehouse to Warehouse/Storage, Retirement Village to Aged Care Facility.Amend Table 4 by inserting the following land uses and associated car parking standards – Animal Husbandry – Intensive, Cinema/Theatre and Recreation – Private.Amend Table 4 by amending the car parking requirements for Consulting Rooms and Convenience Store.Various changes to a number of clauses to increase consistency and streamline the Scheme.

Part 5: Amend subclause 5.1.2 to replace ‘Town Planning and Development Act’ with ‘Act’.

Part 6: Delete the following definitions from clause 6.1 – building, Canning City Centre, curtilage, development, development application, Gazettal date, habitable room, land, lot, Metropolitan Region Scheme, Minister, Outline Development Concept Plan, Part, public authority, public parking station, Regulations and schedule.Replace the definition of the following terms in clause 6.1 – Net lettable area (nla) with net lettable area or nla and plot ratio with plot ratio from the Regulations.Insert the following definitions into clause 6.1 – incidental use, precinct, wall height and wholesale.Delete the following land use definitions from clause6.2 – Auction Mart, Cattery, Contractor’s Yard, Display Home Centre, Motor Vehicle Wrecking, Occasional Uses, Open Air Display, Pet Cemetery, Salvage Yard, Special Facilities, Spray Painting (Non-Automotive), Stable, Stock Holding and

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Salesyards and Veterinary Hospital.Amend clause 6.2 by renaming the following land uses – Health Centre to Medical Centre, Kennels to Animal Establishment, Medical Consulting Rooms toConsulting Rooms, Public Amusement to Amusement Parlour, Retail Establishment to Trade Supplies, Rural Pursuit to Agriculture – Intensive, Showroom to Bulky Goods Showroom, Take Away Food Outlet to Fast Food Outlet, Veterinary Clinic to Veterinary Centre, Warehouse to Warehouse/Storage, Retirement Village to Aged Care Facility.Amend clause 6.2 by inserting the following land use definitions – animal husbandry – intensive, cinema/theatre and recreation – private.Amend clause 6.2 by amending the definitions of thefollowing land uses – aged care facility, agriculture –intensive, amusement parlour, animal establishment, bulky goods showroom, consulting rooms, convenience store, fast food outlet, lunch bar, medical centre, service station, trade supplies, veterinary centre and warehouse/storage.

Schedule A: Amending Schedule A by replacing clause 61(1)(k) with “There are no supplemental provisions to the deemed provisions that apply to this Scheme.”

Schedule C: Delete additional uses 21, 32, 40, 47, 58, 84, 87, 107.Amend additional uses 2, 3, 6, 8, 13, 14, 15, 16, 18, 24, 25, 28, 31, 33, 34, 39, 42, 45, 48, 49, 50, 53, 56,57, 59, 60, 62, 63, 64, 65, 66, 67, 68, 72, 76, 77, 80,83, 86, 91, 94, 97, 104 and 108.Insert Additional Use No. 109.

Schedule D: Replace the words “Brownlie, Bentley” in the Name & Location column of DA1 and replace with the words “Bentley 360, Bentley”.Replace the words “Brownlie Precinct” in the Purpose column of DA1 and replace with the words “Bentley 360 project”.

232 15/01/2019

Part 4: Delete clause 4.13 and renumber following clauses, subclauses and paragraphs and update cross references.

Schedule A: Delete existing wording and insert new significant tree register provisions.

Schedule B: Delete Schedule B and renumber the following schedules.

233 15/02/2019 Part 3: Amend the permissibility of “Motor Vehicle Wash” in the Shopping zone to “D”.

Part 4: Amend the numbering of clause 4.8.Amend clause 4.11.Insert new clause 4.12.Amend clause 4.13.

xiv

AMDNo.


Insert new clause 4.14.Amend the parking requirements in Table 4 for ChildCare Premises, Educational Establishment, Fuel Depot, Industry, Industry – Extractive, Industry – Hazardous, Industry – Light, Industry – Noxious, Industry – Service, Motor Vehicle Repair, Motor Vehicle Workshop, Motor Vehicle, Boat or Caravan Sales, Office, Reception Centre and Warehouse/Storage.Insert new clause 4.15Amend clause 4.16, 4.17, Table 5, clause 4.18, Table 6, clause 4.19, Table 7, clause 4.20.

Part 5: Replace part 5 with clauses from the Model Provisions and a new Table 8 Special Control Areas.

215 05/04/2019

Schedule B: Amend Additional Use No. 14 to include 257 and 259-261 Bannister Road and 87-91 Catalano Circuit, Canning Vale and provide for additional usesof ‘Educational Establishment’, ‘Industry – Light’ and‘Motor Vehicle Workshop’.Delete Additional Use No. 18.

xv

Table of Contents

PART 1 – PRELIMINARY.................................................................................................................1

1.1 CITATION.............................................................................................................................1

1.2 COMMENCEMENT.............................................................................................................1

1.3 SCHEME REVOKED...........................................................................................................1

1.4 NOTES DO NOT FORM PART OF THE SCHEME..............................................................1

1.5 RESPONSIBILITY FOR SCHEME.......................................................................................1

1.6 SCHEME AREA...................................................................................................................1

1.7 CONTENTS OF SCHEME...................................................................................................1

1.8 PURPOSES OF SCHEME...................................................................................................2

1.9 AIMS OF SCHEME..............................................................................................................2

1.10 RELATIONSHIP WITH LOCAL LAWS...............................................................................2

1.11 RELATIONSHIP WITH OTHER LOCAL PLANNING SCHEMES........................................3

1.12 RELATIONSHIP WITH REGION PLANNING SCHEME.....................................................3

PART 2 – RESERVES......................................................................................................................5

2.1 REGIONAL RESERVES......................................................................................................5

2.2 LOCAL RESERVES.............................................................................................................5

2.3 ADDITIONAL USES FOR LOCAL RESERVES....................................................................6

PART 3 – ZONES AND USE OF LAND............................................................................................8

3.1 ZONES................................................................................................................................8

3.2 ZONING TABLE.................................................................................................................10

3.3 INTERPRETING ZONING TABLE.....................................................................................14

3.4 ADDITIONAL AND PROHIBITED USES............................................................................15

3.5 RESTRICTED USES.........................................................................................................15

3.6 SPECIAL USE ZONES......................................................................................................15

3.7 NON-CONFORMING USES..............................................................................................16

3.8 CHANGES TO NON-CONFORMING USE........................................................................16

3.9 REGISTER OF NON-CONFORMING USES.....................................................................17

PART 4 – GENERAL DEVELOPMENT REQUIREMENTS.............................................................19

4.1 R-CODES..........................................................................................................................19

4.2 MODIFICATION OF R-CODES..........................................................................................19

4.3 STATE PLANNING POLICY 3.6 TO BE READ AS PART OF SCHEME.............................19

4.4 MODIFICATION OF STATE PLANNING POLICY 3.6........................................................19

4.5 OTHER STATE PLANNING POLICIES TO BE READ AS PART OF SCHEME..................19

4.6 MODIFICATION OF STATE PLANNING POLICIES...........................................................20

4.7 ENVIRONMENTAL CONDITIONS.....................................................................................20

4.8 CONNECTION TO RETICULATED SEWERAGE SYSTEM..............................................20

xvi

4.9 SETBACKS TO ROADS TO BE WIDENED.......................................................................20

4.10 REQUIREMENTS UNDER DEVELOPMENT SCHEMES................................................20

4.11 CAR PARKING.................................................................................................................21

4.11.1 General Requirements..............................................................................................21

4.11.2 Unit of Measurement................................................................................................21

4.11.3 Joint Use of Parking Facilities...................................................................................21

4.11.4 Cash Payment in Lieu of Providing Parking Spaces.................................................22

4.11.5 Land Transfer in Lieu of Providing Parking Spaces..................................................23

4.12 SERVICE ACCESS..........................................................................................................24

4.13 BICYCLE PARKING AND END OF TRIP FACILITIES.....................................................25

4.13.1 Bicycle Parking.........................................................................................................25

4.13.2 End of Trip Facilities.................................................................................................25

4.13.3 Unit of Measurement................................................................................................25

4.14 PARKING AND SERVICE ACCESS DESIGN REQUIREMENTS.....................................25

4.15 HOME BASED BUSINESSES.........................................................................................38

4.16 RESIDENTIAL ZONE DEVELOPMENT REQUIREMENTS.............................................38

4.16.1 Minimum Development Standards............................................................................38

4.16.2 Commercial Vehicle Parking in the Residential Zone...............................................38

4.16.3 Home Store..............................................................................................................40

4.16.4 Construction of Boats or Recreation Vehicles in the Residential Zone.....................40

4.17 INDUSTRIAL ZONES DEVELOPMENT REQUIREMENTS.............................................41

4.17.1 Setback Requirements.............................................................................................41

4.17.2 Landscaping Requirements......................................................................................42

4.17.3 Facades...................................................................................................................43

4.17.4 Storage of Goods and Materials...............................................................................43

4.18 COMMERCIAL ZONES DEVELOPMENT REQUIREMENTS..........................................46



4.18.3 Facades...................................................................................................................48

4.18.4 Mixed Use Development..........................................................................................48

4.19 RURAL ZONES DEVELOPMENT REQUIREMENTS......................................................50

4.19.1 Setbacks and Density...............................................................................................50

4.19.2 Character.................................................................................................................50

4.19.3 Land Use..................................................................................................................51

4.19.4 Environment and Vegetation....................................................................................51

4.19.5 Commercial Vehicle Parking in Rural Zones.............................................................51

4.20 PRIVATE COMMUNITY PURPOSES ZONE DEVELOPMENT REQUIREMENTS..........54

4.20.1 Minimum Development Standards............................................................................54



4.21 SCHEME TO PREVAIL....................................................................................................55

4.22 VARIATIONS TO SITE AND DEVELOPMENT REQUIREMENTS...................................55

xvii

4.23 RESTRICTIVE COVENANTS..........................................................................................56

PART 5 – SPECIAL CONTROL AREAS.........................................................................................57

5.1 SPECIAL CONTROL AREAS.............................................................................................57

PART 6 – TERMS REFERRED TO IN THE SCHEME....................................................................61

6.1 TERMS USED...................................................................................................................61

6.2 LAND USE TERMS USED.................................................................................................64

Schedules

Schedule A – Supplemental Provisions To The Deemed Provisions...............................................74

Schedule B – Schedule of Additional or Prohibited Uses................................................................76

Schedule C – Development Areas..................................................................................................90

Tables

Table 1 – Reserve objectives............................................................................................................5

Table 2 – Zone objectives.................................................................................................................8

Table 3 – Zone Table......................................................................................................................11

Table 4 – Land Use Parking Requirements....................................................................................26

Table 5 – Industrial Zones Requirements.......................................................................................45

Table 6 – Commercial Zones Requirements...................................................................................49

Table 7 – Rural Zones Requirements.............................................................................................53

Table 8 – Special Control Areas......................................................................................................58

xviii

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xix

PART 1 – PRELIMINARY 1

1.1 CITATION

This local planning scheme is the City of Canning Scheme No. 40.

1.2 COMMENCEMENT

Under section 87(4) of the Act, this local planning scheme comes into operation on theday on which it is published in the Gazette.

1.3 SCHEME REVOKED

The following local planning scheme is revoked –

Name Gazettal date

City of Canning Town Planning Scheme No. 16 16 October 1973

1.4 NOTES DO NOT FORM PART OF THE SCHEME

Notes, and instructions printed in italics, do not form part of this Scheme.

Note: The Interpretation Act 1984 section 32 makes provision in relation to whether headingsform part of the written law.

1.5 RESPONSIBILITY FOR SCHEME

The City of Canning (herein referred to as “the local government”) is the local governmentresponsible for the enforcement and implementation of this Scheme and the execution ofany works required to be executed under this Scheme.

1.6 SCHEME AREA

This Scheme applies to the whole of the district of the City of Canning, comprising thearea identified and contained within the inner edge of a broken black line on the Schememap.

Note: The Scheme area (or part) is also subject to the Metropolitan Region planning scheme(see clause 1.12) and other local planning schemes (see clause 1.11).

1.7 CONTENTS OF SCHEME

1.7.1 In addition to the provisions set out in this document (the scheme text), thisScheme includes the following –

(a) the deemed provisions (set out in the Planning and Development (LocalPlanning Schemes) Regulations 2015 Schedule 2);

(b) the Scheme Map.

1.7.2 This Scheme is to be read in conjunction with any local planning strategy for theScheme area.

1

1.8 PURPOSES OF SCHEME

The purposes of this Scheme are to –

(a) set out the local government’s planning aims and intentions for the Scheme area;and

(b) set aside land as local reserves for public purposes; and

(c) zone land within the Scheme area for the purposes defined in this Scheme; and

(d) control and guide development including processes for the preparation ofstructure plans, activity centre plans and local development plans; and

(e) set out procedures for the assessment and determination of developmentapplications; and

(f) set out procedures for contributions to be made for the costs of providinginfrastructure in connection with development through development contributionplans; and

(g) make provision for the administration and enforcement of this Scheme; and

(h) address other matters referred to in Schedule 7 of the Act.

1.9 AIMS OF SCHEME

The aims of this Scheme are:

(a) To zone and classify the land within the local government for the purposesdescribed in the Scheme so as to promote the orderly and proper development ofland, and make suitable provisions for the use of land within the local government;

(b) To secure the amenity, health and convenience of the local government and theinhabitants thereof;

(c) To set aside land used or to be secured for use as reserves for public purposes;

(d) To make provision for the conservation and enhancement of places of culturalheritage significance; and

(e) To make provision for other matters incidental to town planning and land use.

1.10 RELATIONSHIP WITH LOCAL LAWS

Where a provision of this Scheme is inconsistent with a local law, the provision of thisScheme prevails to the extent of the inconsistency.

2

1.11 RELATIONSHIP WITH OTHER LOCAL PLANNING SCHEMES

The following local planning schemes of the City of Canning also apply in the Schemearea –

Scheme No. 17A Gazettal date 20 March 1998

Scheme No. 21 Gazettal date 4 June 1982

Scheme No. 23 Gazettal date 19 November 1971

Scheme No. 24 Gazettal date 27 June 1975

Scheme No. 29 Gazettal date 15 April 1977

Scheme No. 38 Gazettal date 30 March 1990

Scheme No. 39 Gazettal date 18 November 1994

1.12 RELATIONSHIP WITH REGION PLANNING SCHEME

The Metropolitan Region Scheme continued under Part 4 of the Act applies in respect ofall of the Scheme area.

Note: The authority responsible for implementing the Metropolitan Region Scheme is theWestern Australian Planning Commission.

3


4

PART 2 – RESERVES 2

2.1 REGIONAL RESERVES

2.1.1 Regional reserves are marked on the Scheme Map according to the legend onthe Scheme Map.

2.1.2 The lands marked as regional reserves are lands reserved for a public purposeunder the Metropolitan Region Scheme.

Note: The process of reserving land under a regional planning scheme is separate from theprocess of reserving land under the Land Administration Act 1997 section 41.

2.2 LOCAL RESERVES

2.2.1 In this clause –

Department of Main Roads means the department principally assisting in theadministration of the Main Roads Act 1930;

Western Australian Road Hierarchy means the document of that nameavailable on the website maintained by the Department of Main Roads.

2.2.2 Local reserves are shown on the Scheme Map according to the legend on theScheme Map.

2.2.3 The objectives of each local reserve are as follows –

Table 1 – Reserve objectives

Reserve name Objectives

Public Open Space

• To set aside areas for public open space, particularlythose established under the Planning andDevelopment Act 2005 s. 152.

• To provide for a range of active and passiverecreation uses such as recreation buildings andcourts and associated car parking and drainage.

Civic and Community

• To provide for a range of community facilities whichare compatible with surrounding development.

• To provide for public facilities such as halls, theatres,art galleries, educational, health and social carefacilities, accommodation for the aged, and otherservices by organisations involved in activities forcommunity benefit.

Public Purposes• To provide for a range of essential physical and

community infrastructure.

Primary Distributor Road

• To set aside land required for a primary distributorroad being a road classified as a Regional Distributoror Primary Distributor under the Western AustralianRoad Hierarchy.

5

Reserve name Objectives

District Distributor Road

• To set aside land required for a District Distributorroad being a road classified as a Distributor A orDistributor B under the Western Australian RoadHierarchy.

Local Distributor Road• To set aside land required for a local distributor road

being a road classified as a Local Distributor underthe Western Australian Road Hierarchy.

Local Road• To set aside land required for a local road being a

road classified as an Access Road under the WesternAustralian Road Hierarchy.

2.3 ADDITIONAL USES FOR LOCAL RESERVES

There are no additional uses for land in local reserves that apply to this Scheme.

6


7

PART 3 – ZONES AND USE OF LAND 3

3.1 ZONES

3.1.1 Zones are shown on the Scheme Map according to the legend on the SchemeMap.

3.1.2 The objectives of each zone are as follows –

Table 2 – Zone objectives

Zone name Objectives

Centre

• To designate land for future development as a town centreor activity centre.

• To provide a basis for future detailed planning inaccordance with the structure planning provisions of thisScheme or the Activity Centres State Planning Policy.

Commercial

• To provide for a range of shops, offices, restaurants andother commercial outlets in defined townsites or activitycentres.

• To maintain the compatibility with the general streetscape,for all new buildings in terms of scale, height, style,materials, street alignment and design of facades.

• To ensure that development is not detrimental to theamenity of adjoining owners or residential properties inthe locality.

General Industry

• To provide for a broad range of industrial, service andstorage activities which, by the nature of their operations,should be isolated from residential and other sensitiveland uses.

• To accommodate industry that would not otherwisecomply with the performance standards of light industry.

• Seek to manage impacts such as noise, dust and odourwithin the zone.

Industrial Service

• To provide for the development of uses which providecommercial support and servicing facilities predominantlyfor the industrial workforce within established industrialareas.

Light Industry

• To provide for a range of industrial uses and serviceindustries generally compatible with urban areas, thatcannot be located in commercial zones.

• To ensure that where any development adjoins zoned ordeveloped residential properties, the development issuitably set back, screened or otherwise treated so as notto detract from the residential amenity.

8


Mixed Business

• To provide a suitable planned environment toaccommodate a wide range of light industrial and servicecommercial uses together with small scale enterpriseswhich are not readily accommodated in existingCommercial Centres.

Private Community Purposes

• To provide sites for privately owned and operatedrecreation, institutions and places of worship.

• To integrate private recreation areas with public recreationareas wherever possible.

• To separate potentially noisy engine sports fromincompatible uses.

• To provide for a range of privately owned communityfacilities, and uses that are incidental and ancillary to theprovision of those facilities, which are compatible withsurrounding development.

• To ensure that the standard of development is in keepingwith surrounding development and protects the amenity ofthe area.

Residential

• To provide for a range of housing and a choice ofresidential densities to meet the needs of the community.

• To facilitate and encourage high quality design, built formand streetscapes throughout residential areas.

• To provide for a range of non-residential uses, which arecompatible with and complimentary to residentialdevelopment.

Rural

• To provide for the maintenance and enhancement ofspecific local rural character.

• To protect broad acre agricultural activities such ascropping and grazing and intensive uses such ashorticulture as primary uses, with other rural pursuits andrural industries as secondary uses in circumstanceswhere they demonstrate compatibility with the primaryuse.

• To maintain and enhance the environmental qualities ofthe landscape, vegetation, soils and water bodies, toprotect sensitive areas especially the natural valley andwatercourse systems from damage.

• To provide for the operation and development of existing,future and potential rural land uses by limiting theintroduction of sensitive land uses in the Rural zone.

• To provide for a range of non-rural land uses where theyhave demonstrated benefit and are compatible withsurrounding rural uses.

9


Rural Residential

• To provide for lot sizes in the range of 1 ha to 4 ha.

• To provide opportunities for a range of limited rural andrelated ancillary pursuits on rural-residential lots wherethose activities will be consistent with the amenity of thelocality and the conservation and landscape attributes ofthe land.

• To set aside areas for the retention of vegetation andlandform or other features which distinguish the land.

Service Commercial

• To accommodate commercial activities which, because ofthe nature of the business, require good vehicular accessand/or large sites.

• To provide for a range of wholesale sales, showrooms,trade and services which, by reason of their scale,character, operational or land requirements, are notgenerally appropriate in, or cannot conveniently oreconomically be accommodated in, the central area,shops and offices or industrial zones.

Service Station• To provide specifically for the development of Service

Stations and ancillary facilities.

Shopping

• To provide for a range of retail shopping facilities to servethe community in accordance with the adopted policy forsuch development as prescribed by the WesternAustralian Planning Commission and the localgovernment.

Urban Development

• To provide an intention of future land use and a basis formore detailed structure planning in accordance with theprovisions of this Scheme.

• To provide for a range of residential densities toencourage a variety of residential accommodation.

• To provide for the progressive and planned developmentof future urban areas for residential purposes and forcommercial and other uses normally associated withresidential development.

• To provide an intermediate transitional zone following the lifting of an urban deferred zoning within the Metropolitan Region Scheme.

3.2 ZONING TABLE

3.2.1 The zoning table for this Scheme is as follows –

10

Table 3 – Zone Table

Use Classes

1. Residential

2. Mixed Business

3. Light Industry

4. General Industry

5. Centre

6. Shopping

7. Comm

ercial

8. Service Comm

ercial

9. Industrial Service

10. Service Station

11. Rural

12. Rural Residential

13. Private Comm

unity Purposes

14. Urban Development

Aged Care Facility A X X X A X X X X X A X D

Refer to structure plan

Aged or Dependent Persons’ Dwelling D X X X D D X X X X D X D

Agriculture – Intensive X X X X X X X X X X D X X

Amusement Parlour X A A X D D D A D X X X D

Ancillary Dwelling P X X X D X X X X X P P X

Animal Establishment X X X X X X X X X X X X X

Animal Husbandry – Intensive X X X X X X X X X X D X X

Bed and Breakfast A X X X A X X X X X A A X

Bulky Goods Showroom X P P P A P P P P X X X X

Caravan Park X X X X X A A A X X D X X

Caretaker's Dwelling X I I I I I I I I X X X I

Car Park X D D D D D D D D X X X D

Child Care Premises A A X X D D A X X X A X D

Cinema/Theatre X A A X D D D A D X X X D

Club Premises X A A X D D D A D X X X D

Community Building A X X X A X X X X X A X A

Community Purpose A D D D D D D D D X D A D

Consulting Rooms A X X X A X X X X X A A X

Convenience Store X I I I D P I I D P X X X

Educational Establishment A D D D D D D D X D A A D

Exhibition Centre A D X X D D D A X X D A D

Family Day Care D X X X A X X X X X D D X

Fast Food Outlet X A X X D D D A D X X X X

Fuel Depot X A A D X X X X X X X X X

Funeral Parlour X A A X X X A A X X X X X

Garden Centre X D D D X P D D D X P X X

Grouped Dwelling D X X X D X X X X X X X X

Holiday Accommodation A X X X D X X X X X X X X

Holiday House D X X X D X X X X X D D X

Home Business A X X X A X X X X X A A X

Home Occupation D X X X A X X X X X D D X

Home Office P X X X D X X X X X P P X

Home Store A X X X A X X X X X A A X

11

Use Classes

1. Residential

2. Mixed Business

3. Light Industry

4. General Industry

5. Centre

6. Shopping

7. Comm

ercial

8. Service Comm

ercial


10. Service Station

11. Rural


13. Private Comm

unity Purposes


Hospital X X X X A A X X X X X X A

Re

fer to

structu

re p

lan

Hotel X X X X D A A A X X X X X

Industry X X X P X X X X X X X X X

Industry – Cottage A X X X A X X X X X D A X

Industry – Extractive X X X A X X X X X X A X X

Industry – Hazardous X X X A X X X X X X X X X

Industry – Light X D P P X I I X X X X X X

Industry – Noxious X X X A X X X X X X X X X

Industry – Primary Production X X X X X X X X X X D X X

Industry – Service X P P P X D D D P X X X X

Liquor Store – Large X X X X A A X X A X X X X

Liquor Store – Small X X X X D D X X D X X X X

Lunch Bar X D D D X D D X D X X X X

Market X A A A D A A A A X X X X

Medical Centre X D D D D D D D D X X X D

Mixed Development X X X X D D D X X X X X X

Motel X X X X X A A A X X X X X

Motor Vehicle, Boat or Caravan Sales X D D D A X D D D X X X X

Motor Vehicle Repair X D D D A X A A A D X X X

Motor Vehicle Wash X D D D A D A D D D X X X

Motor Vehicle Workshop X A A D X X X X X A X X X

Multiple Dwelling D X X X D X X X X X X X X

Night Club X X X X A X X X X X X X X

Office X I I I D P D I D X X X I

Place of Worship A X D D A X X X X X A X D

Public Utility P P P P P P P P P P P P P

Reception Centre X A X X A D D A X X X X D

Recreation – Private X A A A D D D A D X X X D

Recreational Vehicle Construction D X X X X X X X X X D D X

Residential Building A X X X D X X X X X A A A

Restaurant/cafe X A X X D P D A D X X X X

Restricted Premises X A A A A A A A A X X X X

Service Station X X X X A X X X X P X X X

Shop X I I I D P I I D I X X X

12

Use Classes

1. Residential

2. Mixed Business

3. Light Industry

4. General Industry

5. Centre

6. Shopping

7. Comm

ercial

8. Service Comm

ercial


10. Service Station

11. Rural


13. Private Comm

unity Purposes


Single Bedroom Dwelling D X X X D X X X X X X X X

Re

fer to

structu

re p

lan

Single House P X X X D X X X X X P P X

Small Bar X X X X D A A A X X X X X

Stall X D D D D D D D X X X X X

Storage Yard X D D P X X D D X X X X X

Tavern X X X X D A A A X X X X X

Telecommunications Infrastructure A A A A A A A A A A A A A

Trade Display X D D D D D D D D D X X X

Trade Supplies X D D D D X D D X X X X X

Transport Depot X A A D X X X X X X X X X

Veterinary Centre A D D X D X D D X X D A X

Warehouse/Storage X P P P I P P P P X X X X

13

3.3 INTERPRETING ZONING TABLE

3.3.1 The permissibility of uses of land in the various zones in the Scheme area isdetermined by cross-reference between the list of use classes on the left handside of the zoning table and the list of zones at the top of the zoning table.

3.3.2 The symbols used in the zoning table have the following meanings –

P means that the use is permitted if it complies with any relevantdevelopment standards and requirements of this Scheme;

I means that the use is permitted if it is consequent on, or naturallyattaching, appertaining or relating to the predominant use of land and itcomplies with any relevant development standards and requirements ofthis Scheme;

D means that the use is not permitted unless the local government hasexercised its discretion by granting development approval;

A means that the use is not permitted unless the local government hasexercised its discretion by granting development approval after givingnotice in accordance with clause 64 of the deemed provisions;

X means that the use is not permitted by this Scheme.

Note:

1. The development approval of the local government may be required to carry outworks on land in addition to any approval granted for the use of land. In normalcircumstances one application is made for both the carrying out of works on,and the use of, land. For development on land that does not requiredevelopment approval see clause 61 of the deemed provisions.

2. In considering an application for development approval, the local governmentwill have regard to clause 67 of the deemed provisions.

3.3.3 A specific use class referred to in the zoning table is excluded from any other useclass described in more general terms.

3.3.4 The local government may, in respect of a use that is not specifically referred toin the zoning table and that cannot reasonably be determined as falling within ause class referred to in the zoning table –

(a) determine that the use is consistent with the objectives of a particularzone and is therefore a use that may be permitted in the zone subject toconditions imposed by the local government; or

(b) determine that the use may be consistent with the objectives of aparticular zone and give notice under clause 64 of the deemedprovisions before considering an application for development approvalfor the use of the land; or

(c) determine that the use is not consistent with the objectives of a particularzone and is therefore not permitted in the zone.

14

3.3.5 If a use of land is identified in a zone as being a class P or class I use, the localgovernment may not refuse an application for development approval for that usein that zone but may require works that are to be undertaken in connection withthat use to have development approval.

3.3.6 If a use of land is identified in a zone as being a class X use, the localgovernment must refuse an application for development approval for that use inthat zone unless –

(a) the development approval application relates to land that is being usedfor a non-conforming use; and

(b) the local government considers that the proposed use of the land wouldbe less detrimental than the non-conforming use.

3.3.7 If the zoning table does not identify any permissible uses for land in a zone thelocal government may, in considering an application for development approval forland within the zone, have due regard to any of the following plans that apply tothe land –

(a) a structure plan;

(b) an activity centre plan;

(c) a local development plan.

3.4 ADDITIONAL AND PROHIBITED USES

3.4.1 The Additional and Prohibited Uses table at Schedule B of this Scheme sets out–

(a) Classes of use for specified land that are additional to or prohibited fromthe classes of use that are permissible in the zone in which the land islocated; and

(b) The conditions that apply to those additional or prohibited uses.

3.4.2 Despite anything contained in the zoning table, land that is specified in ScheduleB may be used for the additional class of use set out in respect of that landsubject to the conditions that apply to that use.

3.5 RESTRICTED USES

There are no restricted uses which apply to this Scheme.

3.6 SPECIAL USE ZONES

There are no special use zones which apply to this Scheme.

15

3.7 NON-CONFORMING USES

3.7.1 Unless specifically provided, this Scheme does not prevent –

(a) the continued use of any land, or any structure or building on land, forthe purpose for which it was being lawfully used immediately before thecommencement of this Scheme; or

(b) the carrying out of development on land if –

(i) before the commencement of this Scheme, the developmentwas lawfully approved; and

(ii) the approval has not expired or been cancelled.

3.7.2 Subclause 3.7.1 does not apply if –

(a) the non-conforming use of the land is discontinued; and

(b) a period of 6 months, or a longer period approved by the localgovernment, has elapsed since the discontinuance of the non-conforming use.

3.7.3 Subclause 3.7.1 does not apply in respect of a non-conforming use of land if,under Part 11 of the Act, the local government –

(a) purchases the land; or

(b) pays compensation to the owner of the land in relation to the non-conforming use.

3.8 CHANGES TO NON-CONFORMING USE

3.8.1 A person must not, without development approval –

(a) alter or extend a non-conforming use of land; or

(b) erect, alter or extend a building used for, or in conjunction with, a non-conforming use; or

(c) repair, rebuild, alter or extend a building used for a non-conforming usethat is destroyed to the extent of 75% or more of its value; or

(d) change the use of land from a non-conforming use to another use that isnot permitted by the Scheme.

3.8.2 An application for development approval for the purposes of this clause must beadvertised in accordance with clause 64 of the deemed provisions.

3.8.3 A local government may only grant development approval for a change of use ofland referred to in subclause 3.8.1(d) if, in the opinion of the local government,the proposed use –

(a) is less detrimental to the amenity of the locality than the existing non-conforming use; and

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(b) is closer to the intended purpose of the zone in which the land issituated.

3.9 REGISTER OF NON-CONFORMING USES

3.9.1 The local government may prepare a register of land within the Scheme area thatis being used for a non-conforming use.

3.9.2 A register prepared by the local government must set out the following –

(a) a description of each area of land that is being used for a non-conforming use;

(b) a description of any building on the land;

(c) a description of the non-conforming use;

(d) the date on which any discontinuance of the non-conforming use isnoted.

3.9.3 If the local government prepares a register under subclause 3.9.1 the localgovernment –

(a) must ensure that the register is kept up to date; and

(b) must make a copy of the register available for public inspection duringbusiness hours at the offices of the local government; and

(c) may publish a copy of the register on the website of the localgovernment.

3.9.4 An entry in the register in relation to land that is being used for a non-conforminguse is evidence of the matters set out in the entry, unless the contrary is proved.

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18

PART 4 – GENERAL DEVELOPMENT REQUIREMENTS 4

4.1 R-CODES

4.1.1 The R-Codes, modified as set out in clause 4.2, are to be read as part of thisScheme.

4.1.2 The local government –

(a) must make a copy of the R-Codes available for public inspection duringbusiness hours at the offices of the local government; and

(b) may publish a copy of the R Codes on the website of the localgovernment.

4.1.3 The coding of land for the purposes of the R-Codes is shown by the codingnumber superimposed on a particular area contained within the boundaries of thearea shown on the Scheme Map.

4.1.4 The R-Codes apply to an area if the area has a coding number superimposed onit in accordance with subclause 4.1.3.

4.2 MODIFICATION OF R-CODES

There are no modifications to the R-Codes.

4.3 STATE PLANNING POLICY 3.6 TO BE READ AS PART OF SCHEME

4.3.1 State Planning Policy 3.6 – Development Contributions for Infrastructure,modified as set out in clause 4.4, is to be read as part of this Scheme.

4.3.2 The local government –

(a) must make a copy of State Planning Policy 3.6 available for publicinspection during business hours at the offices of the local government;and

(b) may publish a copy of State Planning Policy 3.6 on the website of thelocal government.

4.4 MODIFICATION OF STATE PLANNING POLICY 3.6

There are no modifications to State Planning Policy 3.6.

4.5 OTHER STATE PLANNING POLICIES TO BE READ AS PART OF SCHEME

There are no other State planning policies that are to be read as part of the Scheme.

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4.6 MODIFICATION OF STATE PLANNING POLICIES

There are no modifications to a State planning policy that, under clause 4.5 is to be readas part of the Scheme.

4.7 ENVIRONMENTAL CONDITIONS

There are no environmental conditions imposed under the Environmental Protection Act1986 that apply to this Scheme.

4.8 CONNECTION TO RETICULATED SEWERAGE SYSTEM

4.8.1 All residential development, apart from a single house or an existingdevelopment, is required to be connected to a reticulated sewerage system.

4.8.2 If no sewer is available, development in excess of a single house is not permittedunless such development complies with the requirements of the GovernmentSewerage Policy.

4.8.3 The local government may refuse to permit the erection of any grouped ormultiple dwelling units in any zone unless such dwelling units are connected to areticulated sewerage system.

4.9 SETBACKS TO ROADS TO BE WIDENED

Subject to any requirement of the Commission, in the case of a development on landabutting a road reserved under the Metropolitan Region Scheme which is proposed to bewidened, where a proposed development has a frontage to that road, any buildingcomprised in such development shall be set back from the road as if the road had beenwidened as proposed unless determined otherwise by the local government or theCommission as appropriate.

4.10 REQUIREMENTS UNDER DEVELOPMENT SCHEMES

Where land contained in the Scheme area of one of the local government's gazettedDevelopment Schemes is:

(a) given dual residential coding; or

(b) rezoned

under this Scheme, and the provisions of the Development Scheme impose a requirementof payment of a money contribution or performance of some other obligation, the landshall not be developed under the new zoning otherwise than for residential developmentin accordance with the standards applicable to the lower coding under this Scheme,unless and until arrangements satisfactory to the local government have been made tocomply with the requirements for payment of the money contribution or to comply with anyother obligation under the Development Scheme.

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4.11 CAR PARKING

4.11.1 General Requirements

(a) In any application for development approval, provision shall be made for theoff-street parking of cars in accordance with the requirements in Table 4.

(b) The number of car parking spaces required in Table 4 shall be rounded to thenearest whole number.

(c) Notwithstanding the requirements of paragraph 4.11.1(a), if a change of useapplication in the Centre zone results in more car parking spaces on the sitethan the maximum prescribed in Table 4, the excess car parking spaces maybe retained for use on the site.

(d) If the number of car parking spaces for a land use is not specified in Table 4,the local government shall determine the appropriate number of parkingspaces.

(e) All car parking spaces shall be provided on the same lot as the developmentunless otherwise approved by the local government.

(f) Land set aside for car parking shall be used only for the parking of cars usedby employees or visitors to the lot, unless otherwise approved by the localgovernment.

(g) No building or land the subject of a development approval shall be occupieduntil all required car parking spaces have been provided to the satisfaction ofthe local government.

4.11.2 Unit of Measurement

When the unit of measurement is based on the number of employees, the shift oremployment period during which the greatest number of employees are present on thelot shall be used in the calculation.

4.11.3 Joint Use of Parking Facilities

(a) Parking facilities may be provided jointly by two or more owners or users ofland or by one owner or user in respect of separate buildings or uses, subjectto the satisfaction of the standards and requirements hereinafter set out in thisparagraph.

(b) If there is a deficiency in the number of parking spaces provided to serve anybuilding or use, the local government may permit the parking spaces for thatbuilding or use to be provided jointly with any one or more other buildings oruses whether or not those others separately have the prescribed number ofparking spaces provided that the peak hours of operation of the buildings oruses so sharing are different and do not substantially overlap.

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(c) The local government may require that reciprocal access and circulationarrangements are provided for any buildings or uses affected by thisparagraph when, in the opinion of the local government, such arrangementsare deemed necessary to improve design or amenity.

(d) The following requirements shall be complied with by any person seeking totake advantage of the provisions of this paragraph:

(i) evidence shall be provided sufficient to satisfy the local governmentthat no substantial conflict will exist in the peak hours or operation ofthe buildings or uses for which the joint use of parking spaces or thereciprocal access and circulation arrangements is proposed;

(ii) the number of parking spaces which may be credited from onebuilding or use to another building or use shall not exceed the numberof spaces reasonably anticipated to be in excess of the requirementof the first building or use during its off peak hours of operation; and

(iii) the local government may require an agreement to be prepared by asolicitor at the expense of the person seeking to take advantage ofthe provisions of this paragraph, detailing the relevant issues of thejoint usage, and executed by all parties concerned. Any suchagreement shall be capable of operating as an easement, aneasement in gross and/or a restrictive covenant against any landproviding parking spaces, reciprocal access or circulationarrangements and shall ensure that where the easement or restrictionis made expressly in favour of an adjacent landowner other than thelocal government, that the restraint cannot be removed without theconsent of the local government upon the local government beingsatisfied that the joint use of parking facilities is no longer required.

4.11.4 Cash Payment in Lieu of Providing Parking Spaces

(a) The local government may require an applicant for development approval toprovide, or may otherwise agree to accept from an applicant a cash paymentin lieu of the provision of all or any of the number of paved car parking spacesrequired under the Scheme but subject to the following requirements ofsubclause 4.11.4:

(b) A cash in lieu payment shall be not less than the sum of:

(i) the estimated cost of providing and constructing the number ofparking spaces required by the Scheme; and

(ii) the value as estimated by a licensed valuer appointed by the localgovernment of that area of the applicant's land which would havebeen occupied by the parking spaces, access ways, manoeuvringareas, and landscape areas determined in accordance with theprovisions of the Scheme.

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(c) The cost of providing and constructing paved car parking spaces shall includeinter alia the cost of construction, sealing, draining and curbing to the localgovernment's specifications and requirements and unless otherwisedetermined by the local government shall also include line marking,landscaping, fencing, signage, elimination and footpath construction and mayin any case include other matters relevant to parking in the locality asdetermined by the local government.

(d) The moneys received by the local government under this paragraph shall bepaid into a trust fund and shall only be used for the acquisition and/ordevelopment of land as a public car park in the locality of the land the subjectof the development proposal or to reimburse the local government anyexpenses it has incurred in respect thereof including loan repayments.

(e) The local government shall prior to accepting cash in lieu of parking prepareand adopt a programme to acquire and develop land as a public carpark inaccordance with (d) above.

(f) The local government shall in accordance with the provisions of Part 2 of theDeemed Provisions but prior to accepting cash in lieu of parking adopt a policydefining the areas within which it will give consideration to not requiring thephysical provision of car parking on site and to requiring or accepting a cashpayment in lieu.

(g) All costs incurred in obtaining the valuation referred to in (b) above shall beborne by the applicant for development approval.

4.11.5 Land Transfer in Lieu of Providing Parking Spaces

The local government may require an application for development approval to provide,or may otherwise agree to accept from an applicant a land transfer in lieu of theprovisions of all or any of the number of paved car parking spaces subject to thefollowing requirements of this paragraph:

(a) The area of the land so transferred shall not be less than the area required toaccommodate the determined number of car parking spaces including accessways, manoeuvring areas and landscape areas determined in accordancewith the provisions of the Scheme.

(b) Where the local government agrees to the transfer of land in lieu of theprovision of all or any of the required number of car parking spaces the landshall be situated in a position suitable to the local government and shall besubsequently transferred to the local government free of cost for anunencumbered estate in fee simple.

(c) In addition to the land transferred to it, the local government shall require thepayment to it of the cost or estimated cost of construction on the landtransferred of the substituted number of car parking spaces, the cost beingcalculated or estimated in accordance with the provisions of Item (c) insubclause 4.11.4.

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(d) The local government shall prior to accepting land in lieu of parking prepareand adopt a programme to develop land as a public car park within aprescribed period.

(e) Notwithstanding the preceding provisions of this paragraph, the localgovernment may, in determining the land area required in lieu of the provisionof car parking spaces require that such area shall be of the size and valuewhich includes both the area required to accommodate the number of baysrequired plus the estimated cost to the local government of constructing thenumber of parking spaces required on the land.

(f) The local government shall in accordance with the provisions of Part 2 of theDeemed Provisions, prior to accepting any land in lieu of parking, adopt apolicy defining the areas within which consideration will be given to acceptingthe transfer of land in lieu of the provision of car parking spaces.

(g) Notwithstanding the provisions of Item (f), the local government shall notaccept land in lieu of parking unless it is situated in the locality of the land thesubject of the development proposal.

(h) Any land received by the local government under this paragraph shall only beused for public car park purposes and any money obtained from the disposalof such land will be used to acquire and develop land as a public carpark inaccordance with paragraph 4.11.5(d).

4.12 SERVICE ACCESS

4.12.1 Provision shall be made for service access for the purposes of loading andunloading to the rear or side of any non-residential development, unlessotherwise approved by the local government.

4.12.2 Service access provided pursuant to subclause 4.12.1 is to comply with thefollowing requirements:

(a) The access way and loading areas shall be designed to allow servicevehicles to manoeuvre and return to a street or right of way in forwardgear;

(b) Vehicles loading or unloading are to do so within the lot/s boundary andare not to do so from a public street or right of way;

(c) Access ways shall be designed to segregate service vehicles fromparking areas and access ways provided for customer parking to thesatisfaction of the local government; and

(d) Development in the industrial zones on lots with a frontage of 28 metresor more is to be designed to be serviced by a minimum 12.5 metre longmedium rigid vehicle.

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4.13 BICYCLE PARKING AND END OF TRIP FACILITIES

4.13.1 Bicycle Parking

(a) Bicycle parking shall be provided and maintained for all developments inaccordance with the rates set out in Table 4.

(b) The number of bicycle parking spaces required in Table 4 shall be rounded upto the nearest whole number.

(c) Bicycle parking spaces required under the provisions of paragraph 4.13.1(a)shall be sheltered by a water impermeable roof structure.

(d) If the Scheme does not specify the number of bicycle parking spaces requiredin respect of any particular use, then the number of bicycle parking spaces tobe provided shall be fixed by the local government having regard to otherrelevant uses, if any.

4.13.2 End of Trip Facilities

(a) Where bicycle parking spaces are required to be provided for employees, 1male and 1 female shower (or 2 unisex) shall be provided per 8 bicycleparking spaces or part thereof, up to a maximum of 6 male and 6 femaleshowers (or 12 unisex).

(b) Lockers shall be provided and maintained for all developments at a rate of 1locker per bicycle parking space required for the development in Table 4.

4.13.3 Unit of Measurement

When the unit of measurement is based on the number of employees, the shift oremployment period during which the greatest number of employees are present on thelot shall be used in the calculation.

4.14 PARKING AND SERVICE ACCESS DESIGN REQUIREMENTS

All car parking, bicycle parking, access ways and unloading and loading facilities shall bedesigned in accordance with the relevant part of AS 2890.

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Table 4 – Land Use Parking Requirements

Land Use

Car Parking RequirementsBicycle Parking

(Minimum)Centre ZoneOther Zones(Minimum)

Aged Care FacilityMinimum: 0.5 spaces per unit.

Maximum: 1 space per unit.

0.5 spaces per residential unit plus 1 space per employee.

Centre Zone

0.6 spaces per 100m2 NLA (0.5 spaces for employees plus 0.1 spaces for guests).

Other Zones


Aged or Dependent Persons’ Dwellings

As per R-Codes. As per R-Codes. As per R-Codes.

Agriculture – Intensive N/A. N/A. N/A.

Amusement Parlour

Minimum: 1 space per 16 persons the building is designed to accommodate.

Maximum: 1 space per 8 persons the building is designed to accommodate.

1 space per 4 persons the building is designed to accommodate.

0.5 spaces per 100m2 NLA (0.4 spaces for visitors plus 0.1 spaces for employees).

Ancillary Dwelling As per R-Codes. As per R-Codes. As per R-Codes.

Animal Establishment N/A. N/A. N/A.

Animal Husbandry – Intensive N/A. N/A. N/A.

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Land Use



Bed and Breakfast

Minimum: 0.5 spaces per bedroomin addition to the residential requirement.

Maximum: 1 space per bedroom in addition to the residential requirement.

1 space per bedroom in addition to the residential requirement.

N/A.

Bulky Goods ShowroomMinimum: 1 space per 100m2 NLA.

Maximum: 1 space per 50m2 NLA.

1 space per 40m2 of areas open to the public. Storage areas to be calculated at the Warehouse/Storage parking rate.

0.2 spaces per 100m2 NLA.

Caravan Park N/A.1 space per unit of accommodation plus 1 space per employee.

1 space per 3 units of accommodation.

Caretaker's DwellingParking to be negotiated with the local government.

N/A. N/A.

Car Park N/A. N/A. N/A.

Child Care Premises

Minimum: 0.5 space per employee plus 1 space per 40 children.

Maximum: 1 space per employee plus 1 space per 20 children.

1 space per employee plus a pavedpick-up area to the satisfaction of the local government.


Cinema/Theatre





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Land Use



Club Premises

Minimum: 1 space per 8m2 of eating, drinking or lounge area.

Maximum: 1 space per 4m2 of eating, drinking or lounge area.



Community BuildingMinimum: 1 space per 100m2 NLA.


Parking to be negotiated with the local government.


Community PurposeMinimum: 1 space per 100m2 NLA.




Consulting RoomsMinimum: 1 space per 40m2 NLA.


6 spaces for the first practitioner plus 4 spaces for the second practitioner.

Centre Zone

0.6 spaces per 100m2 NLA (0.5 spaces for employees plus 0.1 spaces for visitors).

Other Zones


Convenience Store

Minimum: 2.1 spaces per 100m2 NLA.

Maximum: 4.2 spaces per 100m2 NLA.

5 spaces per 100m2 NLA.0.5 spaces per 100m2 NLA (0.4 spaces for visitors plus 0.1 spaces for employees).

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Land Use



Educational Establishment

Minimum: 0.3 spaces per employee plus parking for students to be negotiated with the local government.

Maximum: 0.6 spaces per employee plus parking for students to be negotiated with the local government.

1 space per employee plus parking for students to be negotiated with the local government.

Primary and secondary

0.5 spaces per student plus 0.1 spaces per employee on premises.

Tertiary

0.15 spaces per student and employee on premises.

Exhibition CentreMinimum: 1 space per 100m2 NLA.




Family Day Care

A paved pick-up area to the satisfaction of the local government in addition to residential requirements.

A paved pick-up area to the satisfaction of the local government in addition to residential requirements.

N/A.

Fast Food Outlet

Minimum: 1 space per 100m2 NLA (car queuing areas can be calculated as parking spaces).

Maximum: 1 space per 50m2 NLA (car queuing areas can be calculated as parking spaces).

1 space per 15m2 NLA (car queuingareas can be calculated as parking spaces), unless part of a shopping centre in excess of 1500m2 NLA with a shared car parking area, in which case the parking standards for a Shop shall apply.


Fuel Depot N/A. 1 space per 100m2 NLA. N/A.

Funeral Parlour N/A.

6 spaces plus additional parking spaces to be negotiated with the local government where a chapel is included.

N/A.

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Land Use



Garden Centre N/A.1 space per 50m2 display and sales area.


Grouped Dwelling As per R-Codes. As per R-Codes. As per R-Codes.

Holiday Accommodation

Minimum: 1 space for the first bedroom plus 0.5 spaces for every additional bedroom.

Maximum: 1 space for the first 2 bedrooms plus 1 space for every additional bedroom.

1 space for the first 2 bedrooms plus 1 space for every additional bedroom.

N/A.

Holiday House

Minimum: 1 space for the first bedroom plus 0.5 spaces for every additional bedroom.

Maximum: 1 space for the first 2 bedrooms plus 1 space for every additional bedroom.

1 space for the first 2 bedrooms plus 1 space for every additional bedroom.

N/A.

Home Business

Minimum: 0.5 spaces per employee in addition to the residential requirement. Visitor parking to be negotiated with the local government.

Maximum: 1 space per employee in addition to the residential requirement. Visitor parking to be negotiated with the local government.

1 space per employee in addition tothe residential requirement. Visitor parking to be negotiated with the local government.

N/A.

Home Occupation As per definition in Part 6. As per definition in Part 6. N/A.

Home Office As per definition in Part 6. As per definition in Part 6. N/A.

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Land Use



Home Store

Extra parking in addition to the residential requirement to be negotiated with the local government.

5 spaces in addition to residential requirement.

1 space in addition to the residentialrequirement for visitors.

HospitalMinimum: 1 space per 100m2 NLA.


1 space per 4 patient beds plus 1 space for each staff member on duty at any one time.

Centre Zone


Other Zones


HotelMinimum: 1 space per 8 rooms.

Maximum: 1 space per 4 rooms.

1 space per 2m2 public drinking area.1 space per 7m2 restaurant.1 space per bedroom.1 space per 4m2 other public areas.

Centre Zone


Other Zones


Industry N/A. 1 space per 100m2 NLA. 0.2 spaces per 100m2 NLA.

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Land Use



Industry – Cottage

Minimum: 0.5 spaces per employee in addition to residential requirement.

Maximum: 1 space per employee in addition to residential requirement.

1 space per employee in addition toresidential requirement.

N/A.

Industry – Extractive N/A. 1 space per 100m2 NLA. 0.2 spaces per 100m2 NLA.

Industry – Hazardous N/A. 1 space per 100m2 NLA. 0.2 spaces per 100m2 NLA.

Industry – Light N/A. 1 space per 100m2 NLA. 0.2 spaces per 100m2 NLA.

Industry – Noxious N/A. 1 space per 100m2 NLA. 0.2 spaces per 100m2 NLA.

Industry – Primary Production N/A. N/A. N/A.

Industry – Service N/A. 1 space per 100m2 NLA. 0.2 spaces per 100m2 NLA.

Liquor Store – Large




Liquor Store – Small




Lunch Bar N/A.

1 space per 15m2 NLA unless part of a shopping centre in excess of 1500m2 NLA with a shared car parking area, in which case the parking standards for a Shop shall apply.


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Land Use



Market



3 spaces per stall or 1 space per 10m2 whichever is the greater.


Medical CentreMinimum: 1 space per 40m2 NLA.


6 spaces for 1 practitioner plus 4 spaces for each subsequent practitioner.

Centre Zone


Other Zones


Mixed DevelopmentParking in accordance with the requirements for each individual land use.

Parking in accordance with the requirements for each individual land use.

Parking in accordance with the requirements for each individual land use.

Motel N/A.

1 space per 2m2 public drinking area.1 space per 7m2 restaurant.1 space per bedroom.1 space per 4m2 other public areas.

N/A.

Motor Vehicle, Boat or Caravan Sales

Minimum: 1 space per 200m2 NLA.


1 space per 100m2 open display area.


Motor Vehicle RepairMinimum: 1 space per 200m2 NLA.

Maximum: 1 space per 100m2 NLA.1 space per 100m2 NLA. N/A.

Motor vehicle WashParking to be negotiated with the local government.


N/A.

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Land Use



Motor Vehicle Workshop N/A. 1 space per 100m2 NLA. N/A.

Multiple Dwelling As per R-Codes. As per R-Codes. As per R-Codes.

Night Club



1 space per 2m2 public drinking area.1 space per 7m2 restaurant.1 space per 4m2 other public areas.

N/A.

Office



1 space per 30m2 NLA.

Centre Zone


Other Zones


Place of WorshipMinimum: 1 space per 100m2 NLA.




Public Utility N/A. N/A. N/A.

Reception Centre

Minimum: 1 space per 8m2 seating area or 1 space per 100m2 NLA, whichever is the lesser.

Maximum: 1 space per 4m2 seatingarea, or 1 space per 50m2 NLA, whichever is the lesser.

1 space per 4m2 NLA. N/A.

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Land Use



Recreation – Private





Recreational Vehicle Construction N/A. N/A. N/A.

Residential Building

Minimum: 0.25 spaces per bed space.

Maximum: 0.5 spaces per bed space.

0.5 spaces per bed space. N/A.

Restaurant/cafeMinimum: 1 space per 100m2 NLA.


1 space per 5 seats or 1 space per 5m2 of seating area, whichever is the greater, unless part of a shopping centre in excess of 1500m2 NLA with a shared car parking area, in which case the parking standards for a Shop shall apply.


Restricted Premises



6 spaces per 100m2 NLA provided that where the aggregate floorspaceis less than 1500m2 NLA the local government may reduce the parkingprovision to 5 spaces per 100m2 NLA.


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Land Use



Service Station

Minimum: 0.5 spaces per working bay plus 0.5 spaces per employee.

Maximum: 1 space per working bay plus 1 space per employee.

1 space per working bay plus.1 space per employee.

N/A.

Shop



6 spaces per 100m2 NLA provided that where the aggregate floorspaceis less than 1500m2 NLA the local government may reduce the parkingprovision to 5 spaces per 100m2 NLA.


Single Bedroom Dwelling As per R-Codes. As per the R-Codes. As per R-Codes.

Single House As per R-Codes. As per the R-Codes. As per R-Codes.

Small Bar



1 space per 4m2 of eating, drinking or lounge area.


StallParking to be negotiated with the local government.

N/A. N/A.

Storage Yard N/A.

1 space per 200m2 of area occupiedby the storage yard land use or 1 space per employee whichever is the greater.


TavernMinimum: 1 space per 100m2 NLA.


1 space per 2m2 public drinking area.1 space per 7m2 restaurant.1 space per 4m2 other public areas.


Telecommunications Infrastructure N/A. N/A. N/A.

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Land Use



Trade Display N/A. N/A. N/A.

Trade SuppliesMinimum: 1 space per 100m2 NLA.

Maximum: 1 space per 50m2 NLA.1 space per 25m2 of NLA.


Transport Depot N/A.1 space per 75m2 GFA or 1 space per employee whichever is the greater.

N/A.

Veterinary Centre

Minimum: 1 space per 40m2 in addition to the residential requirement.

Maximum: 1 space per 20m2 in addition to the residential requirement.

4 spaces per practitioner.

Centre Zone


Other Zones


Warehouse/Storage

Warehouse/storage up to 5,000m2 NLA.



Warehouse/storage above 5,000m2 NLA.



1 space per 100m2 NLA for developments with warehouse/storage area of up to 5,000m2 NLA.

1 space per 200m2 NLA for developments with warehouse/storage area above 5,000m2 NLA.


Note: see paragraph 4.11.1(d) & paragraph 4.13.1(d) in relation to land uses not listed in the table above.

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4.15 HOME BASED BUSINESSES

4.15.1 For the purposes of this clause, a home based business includes:

(a) Home Occupation;

(b) Home Business;

(c) Family Day Care; and

(d) Industry – Cottage.

4.15.2 The approval of a home based business shall be personal to the applicant andshall not be transferred or assigned to another person.

4.15.3 The approval shall not run with the land in respect of which it was granted.

4.15.4 The person to whom approval is granted by the local government to carry on ahome based business shall not carry on that home based business on any otherland.

4.15.5 If a home based business has been carried out with the approval of the localgovernment and if in the opinion of the local government the home basedbusiness is causing nuisance or annoyance to surrounding landowners oroccupants, the local government may rescind the approval.

4.16 RESIDENTIAL ZONE DEVELOPMENT REQUIREMENTS

The provisions of this clause are applicable to the Residential zone.

4.16.1 Minimum Development Standards

Development or use of a building or land in the Residential zone for any purpose otherthan a residential purpose or for a community building or residential building, shallcomply with the minimum development standards for residential development as setout in the R-Codes and development should also be generally in accordance with thefollowing performance standards:

(a) The proposed development will not detract from the safety and amenity of theresidential area by overshadowing, overlooking and visual intrusion;

(b) The scale and intensity of uses and buildings should be compatible with theproposed uses and buildings permitted under the maximum residential densityin that locality, and be compatible with surrounding development in terms ofstreetscape and screening; and

(c) Adequate and conveniently situated off-street car parking areas are providedfor any development permitted in residential areas.

4.16.2 Commercial Vehicle Parking in the Residential Zone

Parking of commercial vehicles in the Residential zone shall be permitted subject to thefollowing provisions:

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(a) A person shall not park, or permit to be parked, more than one CommercialVehicle on any lot in the Residential zone.

(b) A person may only park or permit to be parked one Commercial Vehicle onany lot in the Residential zone if:

(i) The lot on which the vehicle is parked contains only a single houseand associated outbuildings provided that the local government maypermit the parking of such vehicle on a lot which contains groupeddwellings if it is of the opinion that this will not adversely affect theamenity of the surrounding area;

(ii) The vehicle is parked entirely on the subject lot and is located on ahard standing area which is located behind the front building line, oralternatively the vehicle is parked within a garage;

(iii) The vehicle is used as an essential part of the lawful occupation of anoccupant of the house. The requirement in this item shall not besatisfied in any case unless the owner of the vehicle or an occupier ofthe house within 7 days of the local government making a request,supplies to the local government full information as to the name,address and occupation of the person said to be using the vehicle.The request for that information is made for the purpose of this itemby posting of the request to the address of the owner of the vehicleshown on the vehicle registration, or by posting the request to orleaving it at the house addressed in a general way to the occupier.The parking of the vehicle on the lot does not authorise the conducton that lot of the occupation of the vehicle user;

(iv) The vehicle does not exceed 3 metres in height, 2.5 metres in widthor 8 metres in length;

(v) The vehicle is not started or manoeuvred on site between the hoursof 12:00 midnight and 6:00 am the next following day;

(vi) While on the lot, the vehicle's motor is not left running while thevehicle is unattended or in any event for any period in excess of 5minutes;

(vii) Any noise created by the vehicle does not exceed the standards forthe relevant area set out in Environmental Protection (Noise)Regulations 1997;

(viii) Only minor servicing or cleaning of the vehicle is carried out on the lotand then provided that work is carried out behind the front buildingline;

(ix) Storage of liquid fuels on the lot complies with the Dangerous GoodsSafety Act 2004;

(x) The vehicle is not used or designed for use for the transportation oflivestock or the transportation or disposal of liquid or solid wastes;and

39

(xi) The vehicle is not carrying a refrigeration unit which is operating on acontinuous or intermittent basis.

(c) The local government may approve a variation to any of the requirements ofparagraphs 4.16.2(b)(ii) and 4.16.2(b)(iv) provided the local government issatisfied in the circumstances that the variation will not adversely affect theamenity of the area surrounding the subject land. Surrounding land ownersand occupants may be invited to comment on the proposed variation.

(d) An approval of the local government granted under paragraph 4.16.2(c) ispersonal to the person to whom it was granted, is not capable of beingtransferred or assigned to any other person, and does not run with the land inrespect of which it is granted.

(e) A vehicle shall be considered to be parked on a lot for the purpose of thisclause if it remains on that lot for more than one hour in aggregate over anyperiod of twenty four hours unless the vehicle is being used bona fide inconnection with ongoing construction work legally being carried out on the lot,the burden of proving which shall lie upon the person asserting it.

4.16.3 Home Store

Notwithstanding any other provision of the Scheme to the contrary, the localgovernment shall not grant development approval involving the construction of a HomeStore within the Residential zone unless:

(a) The shop is an integral part of a single, grouped or multiple dwelling unitdevelopment;

(b) The gross leasable area of the shop does not exceed 100m2; and

(c) Off street parking for the shop is provided in accordance with the requirementsof Table 4.

4.16.4 Construction of Boats or Recreation Vehicles in the Residential Zone

The exercising of the local government's discretion to approve or refuse an applicationunder this clause shall be governed by the following provisions:

(a) The construction and/or major repair of boats or recreation vehicles within theResidential zone shall not be commenced or undertaken without the approval ofthe local government.

(b) Before granting development approval, the local government shall seek thewritten opinions of owners of residential lots which are in close proximity to thesubject land, and shall consider these written opinions when reaching a decisionon the application for permission to construct or make major repairs to a boat orrecreation vehicle, in addition to the following matters:

(i) the purpose of construction and the length of time during whichconstruction is to take place;

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(ii) the siting of the craft or recreational vehicle with regard to visual impacton the street and adjoining properties;

(iii) the hours during which the work shall be carried out; and

(iv) the effect of such activity on the amenity of the neighbourhood.

(c) Approval to construct and/or make major repairs to a boat or recreation vehicleshall not be construed as a right to construct and/or make major repairs to morethan one such craft or vehicle; and the local government's approval shall not begranted where construction and/or major repairs are being undertaken for thepurpose of sale and/or re-sale.

(d) At its discretion, the local government may order operations to be discontinued ifcomplaints are received and substantiated, or if in the opinion of the localgovernment the amenity of the area is prejudiced by the aforesaid operations.

4.17 INDUSTRIAL ZONES DEVELOPMENT REQUIREMENTS

The provisions of this clause are applicable to the following zones:

(a) General Industry;

(b) Light Industry; and

(c) Mixed Business.

4.17.1 Setback Requirements

Setback requirements for all developments in industrial zones to which this clauseapplies shall be in accordance with the provisions of Table 5.

(a) Reduced Setbacks

The local government may permit a reduction in the setback requirements ofTable 5 where it is satisfied that:

(i) No adverse impact will occur with respect to the adjoining propertiesor the street appearance;

(ii) The development will constitute a general improvement to theaesthetic appearance of the area;

(iii) The development will be generally compatible with the character ofthe locality and surrounding developments with regard to height, bulk,scale and orientation;

(iv) The design and scale of the portion of the building encroachingforward of the required setback

- forms an integral part of the building and the overall layout ofthe site with respect to vehicle access, parking andlandscaping;

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- does not have an adverse impact on the interface of theproperty with the street.

(v) Vehicle parking is easily accessible and visible from the street; and

(vi) There will be no significant reduction in amenities beyond theimmediate vicinity of the site or of any highways or major throughtraffic routes.

(b) Use of Setbacks

No person shall within an industrial zone, use the area of land between abuilding setback line and a street for any purpose other than one or more ofthe following:

(i) a means of access;

(ii) the loading and unloading of vehicles including overhead cover forsuch activities;

(iii) landscaping;

(iv) the daily parking of vehicles by employees and customers or clientsbut subject to the requirements of the Scheme as to off street parking;

(v) with the permission of the local government for Trade Display,provided that no more than 20% of the area shall be used for tradedisplay purposes;

(vi) with the permission of the local government, display of vehiclesassociated with Motor Vehicle, Boat or Caravan Sales;

(vii) the erection of transformer compounds, water tanks and gas storageinfrastructure;

(viii) With the permission of the local government, pergolas, carports,patios and cantilevered buildings; and

(ix) With the permission of the local government on corner lots and lotswith frontage to Controlled Access Highways, the open storage ofgoods within the secondary street setback in relation to corner lots,and within the setback to the Controlled Access Highway for lots whichabut a Controlled Access Highway.

No such area shall be used for the parking of vehicles which are beingwrecked or repaired, or for the stacking or storage of fuel, raw materials,products, or by-products or wastes of manufacture.

4.17.2 Landscaping Requirements

Landscaping for any development in the industrial zones shall be provided andmaintained in accordance with the following provisions:

(a) a minimum 2 metre wide landscaping strip shall be provided along theboundary of any street to which the lot abuts;

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(b) shade trees shall be provided in accordance with the provisions of an adoptedlocal planning policy;

(c) any landscaped areas should be separated from an adjacent vehicular area bya wall or kerb at least 150mm higher than the adjacent vehicular areas, or insome other manner so as to be protected from vehicular damage; and

(d) landscaped areas provided under this subclause shall be planted inaccordance with an approved plan, and within 90 days of the commencementof development or occupation of the site, as determined by the localgovernment or at such later time as may be agreed in writing by the localgovernment.

4.17.3 Facades

(a) Any building with the exception of buildings associated with Trade Displayerected within an industrial zone to which this clause applies shall comply withthe following facade requirements:

(i) Each facade of the building shall be constructed of brick, stone,concrete or glass or a combination of those materials or similarmaterial as approved by the local government; and

(ii) Panel filling of other building materials to a design approved by thelocal government may be permitted on external walls above 2 metresfrom the level of the ground floor.

(b) In cases where the facade of a building is set back no less than 21 metresfrom the street which it faces or otherwise which is nearest to it, the localgovernment may permit the walls in the facade to be constructed of materialsother than those required by paragraph 4.17.3(a), provided that the materialsproposed to be used are structurally and aesthetically acceptable to the localgovernment.

4.17.4 Storage of Goods and Materials

(a) In any industrial zone where the open storage of goods or materials ispermitted and the goods and materials stored are, in the opinion of the localgovernment, of an untidy nature and likely to give offence to adjoining ownersor have an adverse effect upon the general appearance of the area, the localgovernment may require:

(i) the owner or occupier to restrict the height to which goods andmaterials may be stored; and

(ii) the screening of the open storage areas by a visually impermeablefence and the planting of trees and/or shrubs as may be considereddesirable.

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(b) The height to which storage is to be restricted, the height, design andspecifications of the fence, distance from side or rear boundaries of the site,and the nature and extent of the planting shall be determined by the localgovernment in respect of each case taking into consideration any matters itconsiders relevant including the physical characteristics and the zoningclassification of surrounding land.

(c) A front fence erected pursuant to this subclause shall not be erected in front ofthe setback line unless approved otherwise by the local government.

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Table 5 – Industrial Zones Requirements

ZoneMinimum

Frontage inMetres

Minimum Setback from Boundaries inMetres

Other RequirementsPrimaryStreet

OtherStreets

Other sideor rear

GeneralIndustry

20 15 7.5 Nil

Provision of a parkingreserve on site estimated at8 parking spaces per1,000m2 of land area.

Refer Clause 4.17 forrequirements relating to:

- Setbacks

- Landscaping

- Facades

- Storage of Goods and Materials

LightIndustry

15 7.5 Nil

MixedBusiness

15 7.5 Nil

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4.18 COMMERCIAL ZONES DEVELOPMENT REQUIREMENTS


(a) Commercial;

(b) Industrial Service;

(c) Service Commercial;

(d) Service Station; and

(e) Shopping.


The setback requirements for all developments in a commercial zone shall be inaccordance with the provisions of Table 6.

(a) Reduced Setbacks

The local government may permit a reduction in the setback requirements ofTable 6 where it is satisfied that:

(i) No adverse impact will occur with respect to the adjoining propertiesor the street appearance;

(ii) The development will constitute a general improvement to theaesthetic appearance of the area;

(iii) The development will be generally compatible with the character ofthe locality and surrounding developments with regard to height, bulk,scale and orientation;

(iv) The design and scale of the portion of the building encroachingforward of the required setback:

- forms an integral part of the building and the overall layout ofthe site with respect to vehicle access, parking andlandscaping;

- does not have an adverse impact on the interface of theproperty with the street.

(v) Vehicle parking is easily accessible and visible from the street; and

(vi) There will be no significant reduction in amenities beyond theimmediate vicinity of the site or of any highways or major throughtraffic routes.

(b) Use of Setbacks

No person shall within a commercial zone use the area of land between abuilding setback line and a street for any purpose other than one or more ofthe following:

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(i) a means of access;

(ii) the loading and unloading of vehicles;

(iii) landscaping;

(iv) the daily parking of vehicles used by employees and customers orclients but subject to the requirements of the Scheme as to off streetparking;

(v) with the permission of the local government for Trade Display,provided that no more than 20% of the area shall be used for tradedisplay purposes;

(vi) with the permission of the local government, display of vehiclesassociated with Motor Vehicle, Boat or Caravan Sales;

(vii) the erection of transformer compounds and/or canopies for servicestations;

(viii) With the permission of the local government, pergolas, carports,patios and cantilevered buildings; and

(ix) With the permission of the local government on corner lots and lotswith frontage to Controlled Access Highways, the open storage ofgoods within the secondary street setback in relation to corner lots,and within the setback to the Controlled Access Highway for lotswhich abut a Controlled Access Highway.

No such area shall be used for the parking of vehicles which are beingwrecked or repaired, for the stacking or storage of fuel or for waste ofmanufacture.


Landscaping for any development in the commercial zones shall be provided andmaintained in accordance with the following provisions:

(a) the required landscaping shall cover a minimum of 10% of the total lot area;

(b) a minimum 2 metre landscaping strip shall be provided along the boundary ofany street to which the lot abuts. The area of the landscaping strip shall beincluded within the 10% landscaping area required on the lot pursuant toparagraph 4.18.2(a);

(c) shade trees shall be provided in accordance with the provisions of an adoptedlocal planning policy;

(d) any landscaped areas shall be separated from an adjacent vehicular area by awall or kerb at least 150mm higher than the adjacent vehicular area, or insome other manner so as to be protected from vehicular damage; and

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(e) landscaped areas provided under this subclause shall be planted inaccordance with an approved plan, and within 90 days of the commencementof development or occupation of the site as determined by the localgovernment or at such later time as may be agreed in writing by the localgovernment.

4.18.3 Facades

Any building with the exception of buildings associated with Trade Display erectedwithin a commercial zone to which this clause applies shall comply with the followingfacade requirements:

(a) Each facade of the building shall be constructed of brick, stone, concrete orglass or a combination of those materials or similar material as approved bythe local government; and

(b) Panel filling of other building materials to a design approved by the localgovernment may be permitted on external walls above 2 metres from the levelof the ground floor.

4.18.4 Mixed Use Development

Where commercial and residential uses are combined within a development, thestandards applicable under Table 6 will generally apply for the commercial componentand the residential component shall comply with the requirements of the R-Codes witha maximum density code of R40, provided that such requirements may be varied at thediscretion of local government in the interests of orderly and proper planning.

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Table 6 – Commercial Zones Requirements

ZoneMinimumLot Size

in m2

Minimum Setback from Boundary inMetres

Other RequirementsPrimaryStreet

OtherStreets

Other side orrear

Shopping 12 3 Nil Refer Clause 4.18 forrequirements relating to:

- Setbacks

- Landscaping

- Facades

- Mixed Use Development

Commercial 12 3 Nil

ServiceCommercial

12 3 Nil

IndustrialService

12 3 Nil

Service Station 2,500 12 3 Nil

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4.19 RURAL ZONES DEVELOPMENT REQUIREMENTS


(a) Rural; and

(b) Rural Residential.

4.19.1 Setbacks and Density

(a) All development within the Rural and Rural Residential zones shall complywith the requirements of Table 7 and in a particular case the local governmentmay, if it considers it desirable, increase setback distances or indicate an areaof the lot in which buildings may be constructed, and if it does so, a personshall not construct a building otherwise and in accordance with the increaseddistances or otherwise in that area.

(b) The front setback requirement may be averaged as provided for under the R-Codes.

(c) Notwithstanding any provision in the Building Code of Australia to the contrary,not more than one dwelling shall be erected upon any lot.

4.19.2 Character

(a) So far as practicable where development occurs the rural character andlandscape of the area shall be maintained and native trees retained, and nobuilding shall be constructed within the zone of materials the nature and colouror texture of which in the opinion of the local government is undesirable for thelocality.

(b) Except with the approval of the local government, no boundary fence within aRural Residential zone shall be constructed of the following materials:

(i) Fibre cement sheeting;

(ii) Metal sheeting; or

(iii) Wooden pickets.

(c) No lot shall display a sign, hoarding or bill board without the prior consent ofthe local government and in any event the local government shall not giveapproval to the display on any lot of a sign, hoarding or bill board other than asingle sign advertising activities conducted on site, and any such sign shall notexceed 0.2m2 in area.

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4.19.3 Land Use

Within the rural zones, land uses other than a single house are only permitted when thelocal government is satisfied that the land use does not involve excessive nutrientapplication, clearing of land or has adverse effects on the amenity and character of thespecific zone.

4.19.4 Environment and Vegetation

(a) Unless the local government approves otherwise, a person shall not graze orkeep any animals unless the local government is satisfied that the grazing orkeeping of any animal will not result in the removal or damage of thevegetation and trees or result in soil erosion and dust pollution. As a conditionof approval the local government may require the animals to be stabled orcorralled.

(b) No indigenous vegetation or trees shall be destroyed or cleared unlessapproved by the local government where such vegetation or trees are dead,diseased or where the clearing is required for the purpose of a fire break,dwelling, outbuilding, fence and/or house driveways.

(c) Where in the opinion of the local government additional tree planting on a lotwill assist in the control of soil erosion, the local government may direct thelandowner(s) to plant on the lot indigenous and native trees and shrubs of aspecies and at a density, distribution and at a time to be determined by thelocal government.

(d) The landowner(s) of a lot shall be responsible for the maintenance and thereplacement, if and where necessary, of trees and vegetation on the lot to thesatisfaction of the local government.

(e) A portion of land within the Rural Residential zone has been constituted anddeclared to be a part of the Jandakot Pollution Control Area under theMetropolitan Water Supply, Sewerage and Drainage Act 1909 and is subject tothe provisions of that Act and By-laws made thereunder including the licensingof wells and bores.

4.19.5 Commercial Vehicle Parking in Rural Zones

Parking of Commercial Vehicles in the rural zones shall be permitted subject to thefollowing provisions:

(a) A person shall not park, or permit to be parked, more than one CommercialVehicle on any lot in the rural zones.

(b) A person may only park or permit to be parked one Commercial Vehicle onany lot in the rural zones if:

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(i) The vehicle is parked entirely on the subject lot and is located on ahard standing area which is located behind the front building line, oralternatively the vehicle is parked within a garage;

(ii) The vehicle is used as an essential part of the lawful occupation of anoccupant of the dwelling and that occupation if carried on upon thatlot does not contravene the Scheme;

(iii) The vehicle does not exceed 3 metres in height, 2.5 metres in widthor 8 metres in length;

(iv) The vehicle is not started or manoeuvred on site between the hoursof 12:00 midnight and 6:00 am;

(v) While on the lot, the vehicle's motor is not left running while thevehicle is unattended or in any event for any period in excess of fiveminutes;

(vi) Any noise created by the vehicle does not exceed the standards forthe relevant area set out in the Environmental Protection (Noise)Regulations 1997;

(vii) Only minor servicing or cleaning of the vehicle is carried out on the lotand then provided that work is carried out behind the front buildingline; and

(viii) Storage of liquid fuels on the lot is to comply with the Explosives andDangerous Goods Act, 1961.

(c) The local government may approve a variation to any of the requirements ofitems 4.19.5(b)(i) and 4.19.5(b)(iii) in any case provided that local governmentis satisfied that the variation will not adversely affect the amenity of the areasurrounding the subject land. Surrounding land owners and occupants maybe invited to comment on the proposed variation.

(d) An approval of the local government granted under paragraph 4.19.5(c) ispersonal to the person to whom it was granted, is not capable of beingtransferred or assigned to any other person, and does not run with the land inrespect of which it is granted.

(e) A vehicle shall be considered to be parked on a lot for the purpose of thisclause if it remains on that lot for more than one hour in aggregate over anyperiod of twenty four hours unless the vehicle is being used bona fide inconnection with ongoing construction work legally being carried out on the lot,the burden of proving which shall lie upon the person asserting it.

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Table 7 – Rural Zones Requirements

ZoneMinimum Lot

Size in m2

Minimum Setback from Boundaries inMetres Other Requirements

Front Side Rear

RuralResidential

10,000 15 5 7.5Refer clause 4.19 forRural developmentstandards applicable toRural Residential andRural zones.

Rural 20,000 15 5 7.5

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4.20 PRIVATE COMMUNITY PURPOSES ZONE DEVELOPMENT REQUIREMENTS

The provisions of this clause are applicable to the Private Community Purposes zone.

4.20.1 Minimum Development Standards

(a) Development or use of a building or land in a Private Community Purposeszone for any purpose other than a residential purpose shall comply with theminimum development standards as set out in the R-Codes and suchdevelopment is also to be generally in accordance with the followingperformance standards:

(i) The proposed development will not detract from the safety andamenity of the residential area by overshadowing, overlooking andvisual intrusion;

(ii) The scale and intensity of uses and buildings should be compatiblewith the proposed uses and buildings permitted under the maximumresidential density in that locality, and be compatible with surroundingdevelopment in terms of streetscape and screening; and

(iii) Adequate and conveniently situated off street car parking areas areprovided for any development permitted in residential areas.


The setback requirements for all developments in a zone to which this clause appliesshall be in accordance with the provisions of the R-Codes and requirements specifiedin subclause 4.20.1.


(a) In connection with any application for development approval in a zone towhich this clause applies, the local government shall if it appears to be in theinterest of amenity and orderly and proper planning to do so, require that suchlandscaping be provided as the local government sees fit, applying theprinciples and standards set out in paragraph 4.20.3(b).

(b) Landscaping for any development in the Private Community Purposes zoneshall be provided and maintained in accordance with the following provisions:

(i) the required landscaping shall cover a minimum of 25% of thedesignated setback area for each site with a minimum provision of a 2metre strip of landscaping adjoining any street to which the lot abuts;

(ii) shade trees shall be provided in accordance with the provisions of anadopted local planning policy;

54

(iii) any landscaped areas shall be separated from an adjacent vehiculararea by a wall or kerb at least 150mm higher than the adjacentvehicular area, or in some other manner so as to be protected fromvehicular damage; and

(iv) landscaped areas provided under this subclause shall be planted inaccordance with an approved plan, and within 90 days of thecommencement of development or occupation of the site, or at suchlater time as may be agreed in writing by the local government.

4.21 SCHEME TO PREVAIL

To the extent that a requirement referred to in clauses 4.8 to 4.20 is inconsistent with arequirement in the R-Codes, an activity centre plan, a local development plan or a State orlocal planning policy the requirements referred to in Clauses 4.8 to 4.20 prevail.

4.22 VARIATIONS TO SITE AND DEVELOPMENT REQUIREMENTS

4.22.1 In this clause –

additional site and development requirements means requirements set out inclauses 4.8 to 4.21.

4.22.2 The local government may approve an application for a development approvalthat does not comply with an additional site and development requirements.

4.22.3 An approval under subclause 4.22.2 may be unconditional or subject to anyconditions the local government considers appropriate.

4.22.4 If the local government is of the opinion that the non-compliance with anadditional site and development requirement will mean that the development islikely to adversely affect any owners or occupiers in the general locality or in anarea adjoining the site of the development the local government must –

(a) consult the affected owners or occupiers by following one or more of theprovisions for advertising applications for development approval underclause 64 of the deemed provisions; and

(b) have regard to any expressed views prior to making its determination togrant development approval under this clause.

4.22.5 The local government may only approve an application for development approvalunder this clause if the local government is satisfied that –

(a) approval of the proposed development would be appropriate havingregard to the matters that the local government is to have regard to inconsidering an application for development approval as set out in clause67 of the deemed provisions; and

(b) the non-compliance with the additional site and developmentrequirement will not have a significant adverse effect on the occupiers orusers of the development, the inhabitants of the locality or the likelyfuture development of the locality.

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4.23 RESTRICTIVE COVENANTS

4.23.1 A restrictive covenant affecting land in the Scheme area that would have theeffect of limiting the number of residential dwellings which may be constructed onthe land is extinguished or varied to the extent that the number of residentialdwellings that may be constructed is less than the number that could beconstructed on the land under this Scheme.

4.23.2 If subclause 4.23.1 operates to extinguish or vary a restrictive covenant –

(a) development approval is required to construct a residential dwelling thatwould result in the number of residential dwellings on the land exceedingthe number that would have been allowed under the restrictive covenant;and

(b) the local government must not grant development approval for theconstruction of the residential dwelling unless it gives notice of theapplication for development approval in accordance with clause 64 ofthe deemed provisions.

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PART 5 – SPECIAL CONTROL AREAS 5

5.1 SPECIAL CONTROL AREAS

5.1.1 Special control areas are marked on the Scheme Map according to the legend onthe Scheme Map.

5.1.2 The purpose, objectives and additional provisions that apply to each specialcontrol area is set out in Table 8.

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Table 8 – Special Control Areas

Name of area Purpose Objectives Additional provisions

SCA 1 – Perth AirportBuffer Special ControlArea

To support theimplementation of StatePlanning Policy No. 5.1 –Land Use Planning in theVicinity of Perth Airport.

To promote the long term viabilityof the Perth Airport so as toenable its on-going developmentand operation;

To prevent unreasonableencroachment of incompatible(noise sensitive) land uses andthose activities affected orpotentially impacted upon byaircraft noise;

To provide for appropriatelydesigned and constructeddevelopment of low to mediumdensity residential uses withinsuitable locations within theSpecial Control Area; and

To minimise the impact of aircraftnoise on existing and futurecommunities within the SpecialControl Area.

The development of a single house between the 20 and 25ANEF Contours of the Perth Airport Buffer Special ControlArea requires development approval if no notification relatingto aircraft noise is on the land title.

The development of a single house above the 25 ANEFContour of the Perth Airport Buffer Special Control Arearequires development approval.

Development applications for residential development abovethe 25 ANEF contour must be accompanied by a statementor report which demonstrates that the development achievesall of the relevant policy measures under the State PlanningPolicy No. 5.1 – Land Use Planning in the Vicinity of PerthAirport.

Applications for development approval in the Perth AirportBuffer Special Control Area may be referred to the PerthAirport Pty. Ltd. for comment and advice in accordance withState Planning Policy No. 5.1 – Land Use Planning in theVicinity of Perth Airport.

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Name of area Purpose Objectives Additional provisions

SCA 2 – JandakotAirport Buffer SpecialControl Area

To support theimplementation of StatePlanning Policy No. 5.3 –Land Use Planning in theVicinity of Jandakot Airport.

To promote the long term viabilityof the Jandakot Airport so as toenable its on-going developmentand operation;

To prevent unreasonableencroachment of incompatible(noise sensitive) land uses andthose activities affected orpotentially impacted upon byaircraft noise;

To provide for appropriatelydesigned and constructeddevelopment of low to mediumdensity residential uses withinsuitable locations within theSpecial Control Area; and

To minimise the impact of aircraftnoise on existing and futurecommunities within the SpecialControl Area.

The development of a single house between the 20 and 25ANEF Contours of the Jandakot Airport Buffer SpecialControl Area requires development approval if no notificationrelating to aircraft noise is on the land title.

The development of a single house above the 25 ANEFContour of the Jandakot Airport Buffer Special Control Arearequires development approval.

Development applications for residential development abovethe 25 ANEF contour must be accompanied by a statementor report which demonstrates that the development achievesall of the relevant policy measures under the State PlanningPolicy No. 5.3 – Land Use Planning in the Vicinity ofJandakot Airport.

Applications for development approval in the JandakotAirport Buffer Special Control Area may be referred to theoperators of Jandakot Airport for comment and advice inaccordance with State Planning Policy No. 5.3 – Land UsePlanning in the Vicinity of Jandakot Airport.

Development areas To provide the planningframework in the Schemeto allow structure plans totake effect.

To identify areas to which astructure plan prepared underPart 4 of the Deemed Provisionsapplies;

To identify areas requiringcomprehensive planning; and

To coordinate subdivision anddevelopment in areas requiringcomprehensive planning.

Schedule C describes the Development Areas in more detailand sets out the purpose and particular requirements thatmay apply to the Development Area.

Notwithstanding any provision in the Scheme to the contrary,the local government may approve development required toachieve environmental or geotechnical remediation of theland within a Development Area, without requiring a structureplan to first be prepared or approved, provided that the localgovernment is satisfied that such development would notprejudice the orderly and proper development of the land.

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60

PART 6 – TERMS REFERRED TO IN THE SCHEME 6

Division 1 – General definitions used in Scheme

6.1 TERMS USED

6.1.1 If a word or expression used in this Scheme is listed in this clause, its meaning isas follows –

advertising means the publication, display or presentation of any advertisement;

advertising device means any object or structure on which any word, number, figure, image,drawing, representation or message whatsoever is written, placed, affixed, attached, painted,projected or otherwise displayed, or on which provision is made for the same, for the purpose ofadvertising any business, function, operation, development, event, undertaking, person or anyproduct or thing whatsoever, and includes any airborne device anchored to any land or building orany vehicle or trailer or other similar object placed or located so as to serve the purpose ofadvertising any business, function, operation, development, event, undertaking, person or anyproduct or thing whatsoever;

City means the municipal district of the City of Canning;

commercial vehicle means a vehicle, whether licenced or not, that has a gross vehicle mass ofgreater than 4.5 tonnes including –

(a) a utility, van, truck, tractor, bus or earthmoving equipment; and

(b) a vehicle that is, or is designed to be an attachment to a vehicle referred to in paragraph(a);

Commission means the Western Australian Planning Commission or such other body, authority orperson as from time to time exercises the powers conferred on the Western Australian PlanningCommission by the Act;

corner lot means a lot in which the internal angle between any two boundaries on the street is lessthan 135 but excludes a through lot;

Development Site means land the subject of an application for development approval for a singleintegrated development proposal;

development site frontage is defined as the total continuous frontage which the development sitehas to public streets and may include the following:

- frontage to adjoining open space where the open area forms an integral part of the totaldesign.

- frontage to Rights-of-Way as determined by local government where such ways are usedto provide the primary vehicular access to one or more of the dwellings;

facade means the exposed faces of a building toward roads or open space or the frontal outwardappearance of the building;

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frontage, in relation to a building –

(a) if the building is used for residential purposes, has the meaning given in the R-Codes; or

(b) if the building is used for purposes other than residential purposes, means the line wherea road reserve and the front of a lot meet and, if a lot abuts 2 or more road reserves, theone to which the building or proposed building faces;

Gross Floor Area (GFA) has the same meaning as "Floor Area" in the Building Codes of Australia;

height when used in relation to a building that is used for:

(a) residential purposes, has the same meaning given to it in and for the purpose of the R-Codes; or

(b) purposes other than residential purposes, means the measurement taken from the naturalground level immediately in front of the centre of the face of the building to a level of thetop of the eaves, parapet or flat roof, whichever is the highest;

incidental use means a use of premises which is consequent on, or naturally attaching,appertaining or relating to, the predominant use;

net lettable area or nla means the area of all floors within the internal finished surfaces ofpermanent walls but does not include the following areas –

(a) stairs, toilets, cleaner’s cupboards, lift shafts and motor rooms, escalators, tea rooms andplant rooms, and other service areas;

(b) lobbies between lifts facing other lifts serving the same floor;

(c) areas set aside as public space or thoroughfares and not for the exclusive use ofoccupiers of the floor or building;

(d) areas set aside for the provision of facilities or services to the floor or building where thosefacilities are not for the exclusive use of occupiers of the floor or building;

non-conforming use has the meaning given in the Planning and Development Act 2005 section172;

parking space means that area of a lot which is required for the parking of a stationary motorvehicle to the minimum dimensions specified by the Scheme, constructed and paved to thespecifications set down by the local government and includes an area considered appropriate bythe local government for access and manoeuvring on the site but does not include cross overs,service areas and landscaping;

paved car parking space or paved parking space means a parking space which is finished withan impervious surface approved by the local government which is capable of:

(a) withstanding the pressure and wear of regular and prolonged use by vehicles of the kindfor which it is provided;

(b) avoiding the collection of ponding of water on the surface of the discharge of water ontoother land; and

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(c) eliminating dust;

plot ratio means the ratio of the floor area of a building to an area of land within the boundaries ofthe lot or lots on which the building is located;

precinct means a definable area where particular planning policies, guidelines or standards apply;

predominant use means the primary use of premises to which all other uses carried out on thepremises are incidental;

public utility means any work or undertaking constructed or maintained by a public authority ormunicipality as may be required to provide water, sewerage, electricity, gas, drainage,communications, passenger transport or other similar services;

recreational vehicle means a vehicle designed or used primarily for recreational or sportingactivities or purposes, but also includes all types of caravans, trailers, camping vehicles,motorcycles, horse floats, and vehicles of a type known as "beach buggies";

retail means the sale or hire of goods or services to the public;

setback line means the horizontal distance between a wall at any point and the adjacent lotboundary measured at right angles (90°) to the wall;

short-term accommodation means temporary accommodation provided either continuously orfrom time to time with no guest accommodated for periods totalling more than 3 months in any 12month period;

sign means a notice, message or display by means of a freestanding or fixed sign or hoarding;

wall height, in relation to a wall of a building –

(a) if the building is used for residential purposes, has the meaning given in the R-Codes; or

(b) if the building is used for purposes other than residential purposes, means the verticaldistance from the natural ground level of the boundary of the property that is closest to thewall to the point where the wall meets the roof or parapet;

wholesale means the sale of goods or materials to be sold by others.

6.1.2 A word or expression that is not defined in this Scheme –

(a) has the meaning it has in the Planning and Development Act 2005; or

(b) if it is not defined in that Act – has the same meaning as it has in the R-Codes.

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Division 2 – Land use terms used in Scheme

6.2 LAND USE TERMS USED

If this Scheme refers to a category of land use that is listed in this provision, the meaningof that land use is as follows –

aged care facility means a premises used to provide accommodation and personal or nursingcare for the aged, and may include recreational, health or laundry facilities and services for theresidents of the facility;

agriculture – intensive means premises used for commercial production purposes, includingoutbuildings and earthworks, associated with any of the following –

(a) the production of grapes, vegetables, flowers, exotic or native plants, or fruit or nuts;

(b) the establishment and operation of plant or fruit nurseries;

(c) the development of land for irrigated fodder production or irrigated pasture (including turffarms);

(d) aquaculture;

amusement parlour means premises –

(a) that are open to the public; and

(b) that are used predominantly for amusement by means of amusement machines includingcomputers; and

(c) where there are 2 or more amusement machines;

animal establishment means premises used for the breeding, boarding, training or caring ofanimals for commercial purposes but does not include animal husbandry – intensive or veterinarycentre;

animal husbandry – intensive means premises used for keeping, rearing or fattening of pigs,poultry (for either egg or meat production), rabbits (for either meat or fur production) or otherlivestock in feedlots, sheds or rotational pens;

bed and breakfast means a dwelling –

(a) used by a resident of the dwelling to provide short-term accommodation, includingbreakfast, on a commercial basis for not more than 4 adult persons or one family; and

(b) containing not more than 2 guest bedrooms;

bulky goods showroom means premises –

(a) used to sell by retail any of the goods and accessories of the following types that areprincipally used for domestic purposes –

(i) automotive parts and accessories;

(ii) camping, outdoor and recreation goods;

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(iii) electric light fittings;

(iv) animal supplies including equestrian and pet goods;

(v) floor and window coverings;

(vi) furniture, bedding, furnishings, fabrics, manchester and homewares;

(vii) household appliances, electrical goods and home entertainment goods;

(viii) party supplies;

(ix) office equipment and supplies;

(x) babies’ and childrens’ goods, including play equipment and accessories;

(xi) sporting, cycling, leisure, fitness goods and accessories;

(xii) swimming pools;

or

(b) used to sell by retail goods and accessories by retail if –

(i) a large area is required for the handling, display or storage of the goods; or

(ii) vehicular access is required to the premises for the purpose of collection ofpurchased goods;

caravan park means premises that are a caravan park as defined in the Caravan Parks andCamping Grounds Act 1995 section 5(1);

caretaker’s dwelling means a dwelling on the same site as a building, operation or plant used forindustry, and occupied by a supervisor of that building, operation or plant;

car park means premises used primarily for parking vehicles whether open to the public or not butdoes not include –

(a) any part of a public road used for parking or for a taxi rank; or

(b) any premises in which cars are displayed for sale;

child care premises means premises where –

(a) an education and care service as defined in the Education and Care Services NationalLaw (Western Australia) section 5(1), other than a family day care service as defined inthat section, is provided; or

(b) a child care service as defined in the Child Care Services Act 2007 section 4 is provided;

cinema/theatre means premises where the public may view a motion picture or theatricalproduction;

club premises means premises used by a legally constituted club or association or other body ofpersons united by a common interest;

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community building means a building used or designed for use wholly or principally for thepurpose of:

(a) a home or other institution for care of persons who are physically or mentally disabled; or

(b) a rehabilitation centre or home for alcoholics, drug addicts, persons released from penalinstitutions or other persons requiring treatment as provided by such a centre;

community purpose means premises designed or adapted primarily for the provision ofeducational, social or recreational facilities or services by organisations involved in activities forcommunity benefit;

consulting rooms means premises used by no more than 2 health practitioners at the same timefor the investigation or treatment of human injuries or ailments and for general outpatient care;

convenience store means premises –

(a) used for the retail sale of convenience goods commonly sold in supermarkets,delicatessens or newsagents; and

(b) operated during hours which include, but may extend beyond, normal trading hours; and

(c) the floor area of which does not exceed 300 m2 net lettable area;

educational establishment means premises used for the purposes of providing educationincluding premises used for a school, higher education institution, business college, academy orother educational institution;

exhibition centre means premises used for the display, or display and sale, of materials of anartistic, cultural or historical nature including a museum;

family day care means premises where a family day care service as defined in the Education andCare Services National Law (Western Australia) is provided;

fast food outlet means premises, including premises with a facility for drive-through service, usedfor the preparation, sale and serving of food to customers in a form ready to be eaten –

(a) without further preparation; and

(b) primarily off the premises;

fuel depot means premises used for the storage and sale in bulk of solid or liquid or gaseous fuelbut does not include premises used –

(a) as a service station; or

(b) for the sale of fuel by retail into a vehicle for use by the vehicle;

funeral parlour means premises used –

(a) to prepare and store bodies for burial or cremation;

(b) to conduct funeral services;

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garden centre means premises used for the propagation, rearing and sale of plants, and thestorage and sale of products associated with horticulture and gardens;

holiday accommodation means 2 or more dwellings on one lot used to provide short termaccommodation for persons other than the owner of the lot;

holiday house means a single dwelling on one lot used to provide short-term accommodation butdoes not include a bed and breakfast;

home business means a dwelling or land around a dwelling used by an occupier of the dwelling tocarry out a business, service or profession if the carrying out of the business, service or profession–

(a) does not involve employing more than 2 people who are not members of the occupier’shousehold; and

(b) will not cause injury to or adversely affect the amenity of the neighbourhood; and

(c) does not occupy an area greater than 50m2; and

(d) does not involve the retail sale, display or hire of any goods unless the sale, display orhire is done only by means of the Internet; and

(e) does not result in traffic difficulties as a result of the inadequacy of parking or an increasein traffic volumes in the neighbourhood; and

(f) does not involve the presence, use or calling of a vehicle of more than 4.5 tonnes tareweight; and

(g) does not involve the use of an essential service that is greater than the use normallyrequired in the zone in which the dwelling is located;

home occupation means a dwelling or land around a dwelling used by an occupier of the dwellingto carry out an occupation if the carrying out of the occupation that –

(a) does not involve employing a person who is not a member of the occupier’s household;and

(b) will not cause injury to or adversely affect the amenity of the neighbourhood; and

(c) does not occupy an area greater than 20m2; and

(d) does not involve the display on the premises of a sign with an area exceeding 0.2m2; and

(e) does not involve the retail sale, display or hire of any goods unless the sale, display orhire is done only by means of the Internet; and

(f) does not –

(i) require a greater number of parking spaces than normally required for a singledwelling; or

(ii) result in an increase in traffic volume in the neighbourhood;

and

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(g) does not involve the presence, use or calling of a vehicle of more than 4.5 tonnes tareweight; and

(h) does not include provision for the fuelling, repair or maintenance of motor vehicles; and

(i) does not involve the use of an essential service that is greater than the use normallyrequired in the zone in which the dwelling is located;

home office means a dwelling used by an occupier of the dwelling to carry out a home occupationif the carrying out of the occupation –

(a) is solely within the dwelling; and

(b) does not entail clients or customers travelling to and from the dwelling; and

(c) does not involve the display of a sign on the premises; and

(d) does not require any change to the external appearance of the dwelling;

home store means a shop attached to a dwelling that –

(a) has a net lettable area not exceeding 100 m2; and

(b) is operated by a person residing in the dwelling;

hospital means premises that are a hospital within the meaning given in the Health Services Act2016 section 8(4);

hotel means premises the subject of a hotel licence other than a small bar or tavern licencegranted under the Liquor Control Act 1988 including any betting agency on the premises;

industry means premises used for the manufacture, dismantling, processing, assembly, treating,testing, servicing, maintenance or repairing of goods, products, articles, materials or substancesand includes facilities on the premises for any of the following purposes –

(a) the storage of goods;

(b) the work of administration or accounting;

(c) the selling of goods by wholesale or retail;

(d) the provision of amenities for employees;

(e) incidental purposes;

industry – cottage means an industry which produces arts and crafts goods which cannot becarried out under the provisions relating to a "home occupation" and that:

(a) does not cause injury to or prejudicially affect the amenity of the neighbourhood including(but without limiting the generality of the foregoing) injury, or prejudicial affections, due tothe emission of light, noise, vibration, steam, soot, ash, dust, grit, oil, liquid waste or wasteproducts;

(b) where operated in a residential zone, does not entail the employment of any person not amember of the occupier's family normally resident on the land;

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(c) is conducted in an outbuilding which is compatible with the zone and its amenity, and doesnot occupy an area in excess of 55m2; provided that the local government may increasethis area if it considers that the nature and scale of activity will not prejudicially affect theamenity of the area;

(d) does not require the provision of any essential services main of a greater capacity thannormally required in the zone in which it is located; and

(e) does not display a sign exceeding 0.2m2 in area;

industry – extractive means premises, other than premises used for mining operations, that areused for the extraction of basic raw materials including by means of ripping, blasting or dredgingand may include facilities for any of the following purposes –

(a) the processing of raw materials including crushing, screening, washing, blending orgrading;

(b) activities associated with the extraction of basic raw materials including wastewatertreatment, storage, rehabilitation, loading, transportation, maintenance and administration;

industry – hazardous means an industry which by reason of any process or method ofmanufacture it involves, or the nature of any materials used or produced in or by it, requiresisolation from other buildings;

industry – light means premises used for an industry where impacts on the amenity of the area inwhich the premises is located can be mitigated, avoided or managed;

industry – noxious means an industry in which the processes involved constitute an offensivetrade within the meaning of the Health Act 1911;

industry – primary production means premises used –

(a) to carry out a primary production business as that term is defined in the Income TaxAssessment Act 1997 (Commonwealth) section 995-1; or

(b) for a workshop servicing plant or equipment used in primary production businesses;

industry – service means an industry – light carried out on land or in buildings having a retailshop front and used as a depot for receiving goods to be serviced or for servicing industrial orcommercial premises;

liquor store – large means premises the subject of a liquor store licence granted under the LiquorControl Act 1988 with a net lettable area of more than 300 m2;

liquor store – small means premises the subject of a liquor store licence granted under the LiquorControl Act 1988 with a net lettable area of not more than 300 m2;

lunch bar means premises or part of premises used for the sale of takeaway food (in a form readyto be consumed without further preparation) within industrial or commercial areas;

market means premises used for the display and sale of goods from stalls by independentvendors;

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medical centre means premises other than a hospital used by 3 or more health practitioners at thesame time for the investigation or treatment of human injuries or ailments and for generaloutpatient care;

mixed development means development which incorporates both residential and commercialuses;

motel means premises, which may be licensed under the Liquor Control Act 1988 –

(a) used to accommodate guests in a manner similar to a hotel; and

(b) with specific provision for the accommodation of guests with motor vehicles;

motor vehicle, boat or caravan sales means premises used to sell or hire motor vehicles, boatsor caravans;

motor vehicle repair means premises used for or in connection with –

(a) electrical and mechanical repairs, or overhauls, to vehicles other than panel beating,spray painting or chassis reshaping of vehicles; or

(b) repairs to tyres other than recapping or re-treading of tyres;

motor vehicle wash means premises primarily used to wash motor vehicles;

motor vehicle workshop means any land or building used for or in connection with mechanicalrepairs and overhauls including tyre recapping, retreading, panel beating, spray painting andchassis reshaping;

nightclub means premises the subject of a nightclub licence granted under the Liquor Control Act1988;

office means premises used for administration, clerical, technical, professional or similar businessactivities;

place of worship means premises used for religious activities such as a chapel, church, mosque,synagogue or temple;

reception centre means premises used for hosted functions on formal or ceremonial occasions;

recreation – private means premises that are –

(a) used for indoor or outdoor leisure, recreation or sport; and

(b) not usually open to the public without charge;

restaurant/cafe means premises primarily used for the preparation, sale and serving of food anddrinks for consumption on the premises by customers for whom seating is provided, includingpremises that are licenced under the Liquor Control Act 1988;

restricted premises means premises used for the sale by retail or wholesale, or the offer for hire,loan or exchange, or the exhibition, display or delivery of –

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(a) publications that are classified as restricted under the Classification (Publications, Filmsand Computer Games) Act 1995 (Commonwealth); or

(b) materials, compounds, preparations or articles which are used or intended to be usedprimarily in or in connection with any form of sexual behaviour or activity; or

(c) smoking-related implements;

service station means premises other than premises used for a transport depot, panel beating,spray painting, major repairs or wrecking, that are used for –

(a) the retail sale of petroleum products, motor vehicle accessories and goods of an incidentalor convenience nature; and/or

(b) the carrying out of greasing, tyre repairs and minor mechanical repairs to motor vehicles;

shop means premises other than a bulky goods showroom, a liquor store – large or a liquor store– small used to sell goods by retail, to hire goods, or to provide services of a personal nature,including hairdressing or beauty therapy services;

small bar means premises the subject of a small bar licence granted under the Liquor Control Act1988;

stall means a place, stand, vehicle or other thing where goods are exposed or offered for sale byretail, and being distinguished from a shop in that it is not permanently housed in a place that isstructurally part of a building and of which the stallholder has exclusive possession;

storage yard means any land used for the storage of goods;

tavern means premises the subject of a tavern licence granted under the Liquor Control Act 1988;

telecommunications infrastructure means premises used to accommodate the infrastructureused by or in connection with a telecommunications network including any line, equipment,apparatus, tower, antenna, tunnel, duct, hole, pit or other structure related to the network;

trade display means premises used for the display of trade goods and equipment for the purposeof advertisement;

trade supplies means premises used to sell by wholesale or retail, or to hire, assemble ormanufacture any materials, tools, equipment, machinery or other goods used for the followingpurposes including goods which may be assembled or manufactured off the premises –

(a) automotive repairs and servicing;

(b) building including repair and maintenance;

(c) industry;

(d) landscape gardening;

(e) provision of medical services;

(f) primary production;

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(g) use by government departments or agencies, including local government;

transport depot means premises used primarily for the parking or garaging of 3 or morecommercial vehicles including –

(a) any ancillary maintenance or refuelling of those vehicles; and

(b) any ancillary storage of goods brought to the premises by those vehicles; and

(c) the transfer of goods or persons from one vehicle to another;

veterinary centre means premises used to diagnose animal diseases or disorders, to surgically ormedically treat animals, or for the prevention of animal diseases or disorders;

warehouse/storage means premises including indoor or outdoor facilities used for –

(a) the storage of goods, equipment, plant or materials; or

(b) the display or sale by wholesale of goods;

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73

Schedule A – Supplemental Provisions To The Deemed Provisions

These provisions are to be read in conjunction with the deemed provisions (Schedule 2) containedin the Planning and Development (Local Planning Schemes) Regulations 2015.

Clause 13A Significant tree register –

(1) The local government must establish and maintain a significant treeregister to identify trees within the scheme area that are worthy ofpreservation.

(2) The significant tree register –

(a) Must set out a description of each tree, its location and thereason for its entry in the significant tree register; and

(b) Must be available, with the scheme documents, for publicinspection during business hours at the offices of the localgovernment; and

(c) May be published on the website of the local government.

(3) The local government must not enter a tree in, or remove a tree from,the significant tree register or modify the entry of a tree in thesignificant tree register unless the local government –

(a) Notifies in writing each owner and occupier of the land whichcontains the tree and provides each of them with a description ofthe tree and the reason for its proposed entry; and

(b) Invites each owner and occupier to make submissions on theproposal within 21 days of the day on which the notice is servedor within a longer period specified in the notice; and

(c) Carries out any other consultation the local governmentconsiders appropriate; and

(d) Following any consultation and consideration of the submissionsmade on the proposal, resolves that the tree be entered into thesignificant tree register with or without modifications, or that thetree be removed from the significant tree register.

(4) If the local government enters a tree in the significant tree register ormodifies an entry of a tree in the significant tree register, the localgovernment must give notice of the entry or modification to each ownerand occupier of the land which contains the tree.

(5) The local government may require assessment or certification by anaboriculturist to be carried out prior to the determination of anapplication for development approval for land which contains a treeidentified on the significant tree register.

Clause 61(1)(k) The removal of a tree unless it is identified on the significant tree register, oris required to be retained as a condition of development approval.

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Schedule B – Schedule of Additional or Prohibited Uses

No. Lot No. Address

Uses which may be prohibited or permitted in addition tothose permitted by the Zoning Table

AdditionalDevelopmentRequirementsAdditional Uses Prohibited Uses

1. 226 169 High Road, Willetton.

Service Station. Convenience Store with the approval of the local government under the “A” provisions of the Town Planning Scheme.

2. 1564 Metcalfe Road, Ferndale.

Shop.Maximum NLA – 200m2.

3. 2560 Metcalfe Road (Cnr Ferndale Crescent), Ferndale.

Shop.Maximum NLA – 200m2.

6. 60313 Glenmoy Avenue (Cnr Rentney Way), Willetton.

Place of Worship.

7. 374 Castlereagh Close, Willetton.

Medical Centre.

8. 20339 Wharf Street, QueensPark.

Medical Centre.Maximum 6 practitioners on-site at any one time.

11. 52121 Collins Road, Willetton.


76

No. Lot No. Address



12. 6113 – 115 Kurnall Road, Welshpool.

Service Station.Convenience Store with the approval of the local government under the “A” provisions of the Town Planning Scheme.

13. 1002280 Bannister Road (Cnr Ranford Road), Canning Vale.

Service Station & with local government approval those uses which the local government has the discretion to approve in the “Industrial Service” zone. Tavern and Convenience Store with the approval of the local government under the ‘A’ provisions of the Town Planning Scheme.

Maximum GFA for Tavern – 900m2.

Total maximum GFA – 7,000m2.

14. 1, 2 & 3

257 and 259-261 Bannister Road and 87-91 Catalano Circuit, Canning Vale.

Educational Establishment, Industry – Light, Motor Vehicle Workshop.

15. 105 Rangeview Place, Canning Vale.

Place of Worship & Child Care Premises.

16. 10919-21 Tribute Street, Shelley.

Service Station.

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No. Lot No. Address



19. 10465-75 Kurnal Road, Welshpool.


20. 69923-39 Kewdale Road, Welshpool.

Service Station to include Restaurant/Cafe & Fast Food Outlet. Convenience Store with the approval of the local government under the “A” provisions of the Town Planning Scheme.

22. 500124-126 Welshpool Road,Welshpool.



Caravan Park.

24. 91625-631 Metcalfe Road (Cnr Nicholson Road), Lynwood.


25.239, 235, 236,

237 & 238

96, 100-104, 106, 110 & 112 Ranford Road, Canning Vale.

Service Station.

78

No. Lot No. Address



26. Portion 761120-1124 Albany Highway (Cnr Tate Street), Bentley.

Hotel.

28. 2 363 High Road, Riverton.Hotel, Motel, Fast Food Outlet, Restaurant/Cafe, Office, Medical Centre.

Maximum GFA of Office– 2,250m2. Development to be in accordance with a localdevelopment plan approved by the local government, & designed to minimise the impact on adjoiningresidential properties.

31. 6, 7 & 5801098-1100 Albany Highway / Norman Street,Bentley.

Medical Centre, Shop.Maximum GFA of Shop– 130m2.

33.476 & Portion

Lot 53258 Burrendah Boulevard, Willetton.


34. 101 & 5017 Cumulus Place & 36 Granville Way, Willetton.

Medical Centre, Shop (“I”).

Maximum GFA of Shop– 80m2. Development to be contained within asingle storey development of residential nature. Maximum of 14 practitioners on-site at any one time.

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No. Lot No. Address



38. 80033-37 Murray Road, Welshpool.

Industry – Light.

39. 500-5021128-1132 Albany Highway, Bentley.

Service Station, Motor Vehicle Wash & Office. Convenience Store with the approval of the local government under the “A” provisions of the Town Planning Scheme.

Maximum GFA of Office– 220m2.

41. 50025 Mills Street, Cannington.

Medical Centre.

42.Portion 56,

62, 27, 61, 25,28, 29 & 21

21-39 Burton Street, Bentley.

Residential.

Maximum density of R60 & subject to approval by the local government of a local development plan.

43. 510-16 Mills Street, Cannington.

Offices, Veterinary Centre, Medical Centre.

45. 1112 288 High Road, Riverton. Office, Medical Centre.

Maximum GFA of Office– 644m2. Development to be limited to single storey & designed to minimise the impact on adjacent residential properties.

48. 8138-144 Pilbara Street, Welshpool.

Office.Maximum GFA of Office– 2,450m2.

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No. Lot No. Address



49. 138 Gochean Avenue, Bentley.

Shop.Maximum NLA of Shop – 400m2.

50. 80524 Augusta Street, Willetton.

Office.

Maximum GFA of Office– 800m2. Development to be limited to single storey to minimise the impact on adjacent residential properties.

51. Portion 304382-412 Orrong Road, Welshpool.

Service Station, Convenience Store.

53. 401192-194 Bannister Road, Canning Vale.

Office.Maximum GFA of Office– 600m2.

55. 33 & 348 & 10 Purkiss Street, Cannington.

Office, Medical Centre, Exhibition Centre.

56. 22271-291 Treasure Road, Welshpool.

Office, Exhibition Centre, Club Premises & Reception Centre.

Total GFA – 1,330m2.

57. Portion 14Bannister Road, Canning Vale.

Office (“P”)Industry (“D”)

Motor Vehicle, Boat or Caravan Sales, Fast Food Outlet, Motor Vehicle Repair, Stall, Market.

Maximum GFA of Office– 3,000m2. Development to be in accordance with a localdevelopment plan approved by the local government.

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No. Lot No. Address



59.

134, 133, aportion of 132,

a portion of124, & 123

2, 4, a portion of 6 Madeira Road, a portion of 9-11, & 13-15 Gavin Court, Parkwood.

Medical Centre, Office.

Maximum GFA of Office– 450m2. Development to be limited to single storey & designed to minimise the impact on adjacent residential properties.


Office.Maximum GFA of Office– 90m2.

61. 19860-62 Bannister Road, Canning Vale.

Restaurant/Cafe, Fast Food Outlet.

62. 53113 Collins Road, Canning Vale.

Shop. Maximum GFA – 64m2.

63.

Portion 77,Portion 78,Portion 79,

Portion 75 &Portion 74.

Area bounded by RailwayReservation, Clifton Road, Bannister Road & Ranford Road, Canning Vale.

Industry. Caretakers Dwelling.

64. 5006-8 Aveley Street / Leach Highway, Willetton.

Office.Maximum NLA – 500m2.

65. 1088 Catalano Road, Canning Vale.

Office.Maximum GFA – 600m2.

66. 55, 56 & 5738 Vahland Avenue & 211-213 Corinthian Road East, Riverton.


67. 2817 Mills Street, Cannington.


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No. Lot No. Address



68. 2132-4 Lynwood Avenue, Lynwood.


72. 1947 Herald Avenue, Willetton.


73. 203 Woodthorpe Drive, Willetton.

Place of Worship.

74. Portion 85 & 1

Area bounded by RailwayReservation, Clifton Road, Bannister Road & Water Authority Depot, Canning Vale.

Industry.

76. 643 Bungaree Road, Wilson.


77. 9819-25 Dowd Street, Welshpool.

Office.Maximum GFA – 1,450m2.

78. 2821 Woodthorpe Drive, Willetton.

Place of Worship.

Development is not to include any second storey windows facing towards adjacent residential properties, &designed to minimise the impact on adjacent residential properties.

79. 41443 Albany Highway, Cannington.

Fast Food Outlet (A).

83

No. Lot No. Address



80. 3181-85 Catalano Circuit, Canning Vale.

Place of Worship.Maximum NLA – 500m2.

83. Portion 3300 Vahland Avenue, Willetton.

Office.

Development is to be inaccordance with a localdevelopment plan approved by the local government, & designed to minimise the impact on adjacent residential properties.

85.Portion of Lot

501

190-208 Welshpool Road (Cnr Mills Street & Kewdale Road), Welshpool.

Office.

86. 359-87 Pilbara Street (Cnr Orrong Road), Welshpool.

Office.Maximum NLA of Office– 3,145m2.

88. 202 Granite Place, Welshpool.

Service Station, Convenience Store & Fast Food Outlet.


Shop.

84

No. Lot No. Address



91. 4 & 5206, 208 & 208A High Road, Riverton.

Office, Medical Centre.

Maximum 6 practitioners on-site at any one time.

At the development application stage the applicant is to make provisions to manage traffic movements ontoHigh Road to the satisfaction of the localgovernment.

94.

South-easternon portion of

Radium Street(between

Channon &Sevenoaks

Streets),Location

portion 2, Lots5-9, 11-15 &portion 25

Radium Street

57-85 Radium Street, Cannington.

Office, Educational Establishment, Car Park.

Development is to be in accordance with a local development planapproved by the local government & designed to minimise the impact on adjoiningresidential properties.

95. 5008 Madeira Road, Parkwood.

Office.


Office.Maximum NLA of Office – 100m2.

99. 1, 2 & 168323, 325 & 327 Wharf Street, Queens Park.

Mixed Development.

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No. Lot No. Address



100. 1, 2, 3, 4 & 5

1121, 1123 & 1125 (Lots 1, 2 & 3) Albany Highway & 1 & 3 (Lots 4 & 5) Coolgardie Street, St James.

Office.

101.2, Portion 19

& 56

2-10 Adams Drive (Cnr Welshpool Road, Welshpool).

Office.

103. 5156-58 Kent Street, Cannington.

Place of Worship.

104. 218 202 High Road, Riverton. Office.

108. 111 Wilfred Road, Canning Vale.

Child Care Premises, Office,Medical Centre & Restaurant/Cafe.

Maximum GFA for Office – 100m2.Maximum public seating area for Restaurant/café – 100m2.At the development application stage a traffic impact assessment is to be submitted. The assessment should identify suitable accessarrangements that do not rely on access through the adjoining lot to Ranford Road.

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No. Lot No. Address



109

All theResidentialzoned lots

that are codedR2.5 locatedto the west ofClifton Road,Canning Vale.

Acourt Road, Clifton Road, Crufts Way, Battersea Road and Candeloro Road, CanningVale.

Animal Establishment.

Development of an animal establishment shall not be permitted on a lot unless there is an existing dwelling or a dwelling is developed concurrently on the same lot, such dwelling being for the use of the animal establishment operator.

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Notes regarding missing additional uses:

Additional Use No. 4 deleted – Scheme Amendment No. 222 (Government Gazette 17/02/2017)Additional Use No. 5 deleted – Scheme Amendment No. 222 (Government Gazette 17/02/2017)Additional Use No. 9 deleted – Scheme Amendment No. 143 (Government Gazette 07/02/2006)Additional Use No. 10 deleted – Scheme Amendment No. 222 (Government Gazette 17/02/2017)Additional Use No. 17 deleted – Scheme Amendment No. 222 (Government Gazette 17/02/2017)Additional Use No. 18 deleted – Scheme Amendment No. 215 (Government Gazette 05/04/2019)Additional Use No. 21 deleted – Scheme Amendment No. 231 (Government Gazette 01/06/2018)Additional Use No. 27 deleted – Scheme Amendment No. 222 (Government Gazette 17/02/2017)Additional Use No. 29 deleted – Scheme Amendment No. 140 (Government Gazette 09/12/2005)Additional Use No. 30 deleted – Scheme Amendment No. 222 (Government Gazette 17/02/2017)Additional Use No. 32 deleted – Scheme Amendment No. 231 (Government Gazette 01/06/2018)Additional Use No. 35 deleted – Scheme Amendment No. 160 (Government Gazette 06/11/2015)Additional Use No. 36 deleted – Scheme Amendment No. 196 (Government Gazette 09/06/2017)Additional Use No. 37 deleted – Scheme Amendment No. 160 (Government Gazette 06/11/2015)Additional Use No. 40 deleted – Scheme Amendment No. 231 (Government Gazette 01/06/2018)Additional Use No. 44 deleted – Scheme Amendment No. 222 (Government Gazette 17/02/2017)Additional Use No. 46 not adopted – Scheme Amendment No. 5 (modified to remove proposed additional use)Additional Use No. 52 not adopted – Scheme Amendment No. 18Additional Use No. 54 not adopted – Scheme Amendment No. 20Additional Use No. 58 deleted – Scheme Amendment No. 231 (Government Gazette 01/06/2018)Additional Use No. 69 not adopted – Scheme Amendment No. 62Additional Use No. 70 not adopted – Scheme Amendment No.67 (refused by Minister for Planning)Additional Use No. 71 not adopted – Scheme Amendment No. 68Additional Use No. 81 not adopted – Scheme Amendment No. 90 (refused by Minister for Planning)Additional Use No. 82 not adopted – Scheme Amendment No. 91 (refused by Minister for Planning)Additional Use No. 84 deleted – Scheme Amendment No. 231 (Government Gazette 01/06/2018)Additional Use No. 87 deleted – Scheme Amendment No. 231 (Government Gazette 01/06/2018)Additional Use No. 90 deleted – Scheme Amendment No. 222 (Government Gazette 17/02/2017)Additional Use No. 92 cancelled – Scheme Amendment No. 121Additional Use No. 96 not adopted – Scheme Amendment No. 127 (refused by Minister for Planning)Additional Use No. 98 not adopted – Scheme Amendment No. 136 (refused by Minister for Planning)Additional Use No. 105 not adopted – Scheme Amendment No. 192 (refused by Minister for Planning)Additional Use No. 106 cancelled – Scheme Amendment No. 202Additional Use No. 107 deleted – Scheme Amendment No. 231 (Government Gazette 01/06/2018)

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Schedule C – Development Areas

REF. NO. NAME & LOCATION PURPOSE PROVISIONS

DA1(Inserted Scheme

Amendment No. 184 GG09/05/2014)

Bentley 360, Bentley.

Facilitate redevelopment of the Bentley 360 project for housing, retail, commercial and community uses.

Development and subdivision is to be in accordance with an approved Structure Plan.

DA4(Inserted Scheme

Amendment No. 206 GG05/02/2016)

Lot 99 Portcullis Driveand Lot 130

Woodthorpe Drive,Willetton.

Facilitate the redevelopment of the site into medium density residential development.

Development and subdivision is to be in accordance with an approved Structure Plan.

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ADOPTION

Adopted by authority of the Council of the City of Canning at the Ordinary Meeting of the Councilheld on the 27th Day of April 1993.

M S LEKIAS, Mayor, JP

I F KINNER, Town Clerk

Adopted for Final Approval by Resolution of the Council of the City of Canning at the OrdinaryMeeting of the Council held on the 21st Day of December 1993, and the Common Seal of theMunicipality was, pursuant to that Resolution, hereunto affixed in the presence of:

M S LEKIAS, MAYOR, JP

I F KINNER, TOWN CLERK

Recommended/Submitted forFinal Approval

JOHN F FORBES(for) CHAIRMAN, STATE PLANNING COMMISSION

Date: January 17, 1994

Final Approval GrantedRICHARD LEWIS

MINISTER FOR PLANNING

Date: February 15, 1994

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COMMON SEAL

TOWN PLANNING SCHEME NO. 40 - City of Canning€¦ · TOWN PLANNING SCHEME NO. 40 Gazetted: 18...

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