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Draft City Planning Scheme 4, October 2004 Update

Draft City Planning Scheme 4 is now with the Western Australian Planning Commission (WAPC) and Minister for Planning and Infrastructure for final approval. Council granted final approval to the document at its meeting on 27 April 2004. More information on the background to this project is provided below.

Final approval from the WAPC and Minister Planning and Infrastructure may take anywhere between 6 and 12 months. The City hopes the new scheme will be in place in early 2005. We’ll provide updates through this web page and the local press.

The draft CPS4 was advertised for public comment between June and mid October 2003.

The City of Fremantle considered issues arising from the submissions and subsequent changes to the document during February and March 2004, before granting final approval in April 2004.

Key elements of the final draft of CPS4 recommended to the Minister for approval are listed below.

It is important to remember that the WAPC and/or Minister’s office could instruct the City to amend the scheme text and map.

Density Codes

Density codings were largely retained as advertised in draft CPS4.

Split density codings, of R20/25, are proposed in parts of White Gum Valley, Beaconsfield and Hilton, as advertised. Split codes as advertised in parts of Fremantle and South Fremantle, were also retained but these vary, so check the map.

Subdivision at the higher density coding may be supported by Council under the following circumstances:
Where a site is identified as having a split density coding and is connected to reticulated sewerage, the higher code may only be applied where one or more of the following specific requirements are addressed to the satisfaction of Council:

(a) a building of cultural heritage significance is retained on the lot,
(b) provision of ‘low income housing’,
(c) buildings designed in accordance with Council's energy efficiency and sustainability schedule (note this is still being finalised), and
(d) removal of a non-conforming use.

In all other circumstances, the lower of the two codes prevails.

At the Council meeting on 27 April 2004, the Council also agreed to include the area bounded by Carrington, Clarke, Victor and South Streets, in the R20/25 code. Further work is required in the area east of Victor Street to assess additional development potential and form, most importantly, the role of the existing rear laneways.

O’Connor Residence-Industry Interface

The interface between housing and industrial enterprises in O’Connor needs to be managed to provide reasonable amenity for residents and not restrict legitimate industrial activities.

The proposed interface controls in CPS4 have been amended to ensure general, cottage, service and light industry, storage, warehousing, motor vehicle repairs and transport depots remain permitted, or ‘P’ uses in CPS4. All other industrial use activities will require advertising and a Council decision.

Land Use Table

Modifications were made to the land use table as follows:

· Consulting rooms and medical centres to be ‘A’ uses in the Residence zone, across Fremantle.
· All forms of residential use are now proposed to be ‘A’ uses in the Mixed Use and Local Centre zones.
· Shop with dwelling or Homestore is now a ‘D’ use in the Residence zone.
· Service Industry and Warehouses, now ‘A’ use not ‘X’ in the Commercial zone.
(P=permitted, D=discretionary, A=advertising required, X=prohibited)

North Fremantle Mixed Use Zone

At the request of various landowners, the Mixed Use zone will be applied to all areas of North Fremantle currently zoned Inner Urban. The draft CPS4 as advertised, had proposed replacement with the Residence zone in many locations.

Development Areas

Numerous redevelopment sites are identified in the scheme. These include vacant and underutilised sites where additional planning will be required to examine land use, access, residential densities and other site specific controls that may be relevant. It has also been applied to various redevelopment sites to ensure an integrated approach is taken. Sites added include the former nurses quarters on Hampton Road, McCabe Street industrial area and the Strang Street area.

The development areas are all numbers and listed in a schedule in the scheme text. Density codes have not bee applied to these sites and structure planning will be required to determine the appropriate densities if residential use is proposed on the site/ares.

Commercial Zone

The Commercial zone has been applied to the majority of lots fronting major roads on the periphery of the O’Connor industrial area. It has also been applied to the southern side of Norfolk Street, on the interface between the central city and residential areas to the south.

Heritage Controls

As with many elements of the new scheme, the City has adopted the Model Scheme Text provisions for heritage controls. Additional policy work will be undertaken to provide sufficient guidance to protect Fremantle’s heritage.

BACKGROUND TO CPS4

Work has been underway on this project for about 6 years. The new scheme once adopted, will replace existing Town Planning Scheme 3 and will apply across all of Fremantle. This complex task has been divided into various stages including:

1. a strategic framework (Fremantle Planning Strategy or FPS) (completed, adopted by Council as a final draft in July 2001);
2. new statutory scheme text (City Planning Scheme No. 4, or CPS4) and zoning map for the city (final version adopted by Council in April 2004); and
3. a revised policy manual (ongoing).

An overview of the project is provided below.

1. Fremantle Planning Strategy

The Fremantle Planning Strategy (FPS) is the key strategic town planning document for Fremantle and will be read in conjunction with the City Planning Scheme No. 4 (CPS4) and the Fremantle City Plan (overall strategic plan for Fremantle and the City as an organisation). The FPS was adopted by Council in July 2001, however, may be modified to ensure consistency when the CPS4 is finalised by the Minister for Planning and Infrastructure.

The purpose of the FPS is to:

(a) set out the framework of State and regional policies and interpreting these for Fremantle;
(b) provide the planning context for the zones, reservations and statutory provisions contained in the City Planning Scheme;
(c) provide the strategic direction of future population and employment; the broad strategies for housing, employment, shopping and business activities; and proposals for transport, parks, regional open space and other public uses.

The FPS has been developed together with the Fremantle community, and represents the culmination of many participation and consultation steps. The document was released for 5 months public comment in late 2000 and early 2001. The input from the Fremantle community is acknowledged as a critical component in the content and design of the FPS. Preparation has also included assessment of all relevant state and regional plans, policies and strategies, including a comprehensive review of all local strategies and numerous long standing City policies.

2. City Planning Scheme 4

CPS4 will be the legal document, or the rule book, that sets out the processes and controls for new land uses and development in Fremantle. It will replace Town Planning Scheme No. 3 which has been in place since 1987.

The purpose of the scheme is to:

(i) identify the City's planning aims and intentions for the scheme area:;
(ii) set aside land as reserves for public purposes (eg. roads, schools, hospitals, port land and parks);
(iii) zone land within the scheme area for specific purposes as defined in the scheme (e.g residential, industrial and commercial);
(iv) control and guide land use and development to ensure that the future development and use of land within the area occurs in the desired way; and
(v) set out the procedures for the assessment and determination of planning applications.

CPS4 follows the prescribed format of the state government’s Town Planning Amendment Regulations (Model Scheme Text). CPS4 will be consistent with the FPS and follows the same structure of dividing the municipality into Local Planning Areas for the purpose of detailing objectives, local character, and outlining general and specific development provisions.

The document was released for public comment between June and October 2003. Council adopted a final form of CPS4 in April 2004 and has requested approval from the WAPC and the Minister for Planning and Infrastructure.

3. Revised Policy Manual

CPS4 will be supported by a series of planning policies. These policies are important as they can provide guidance, interpretation and direction on development and planning matters. City planning policies are continuously being updated, amended and/or deleted and this process will be ongoing for the life of the scheme.