FAQ

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A Local Planning Scheme (previously called a Town Planning Scheme) is a legal document that prescribes land use and development throughout a local government area. The reserves, zones and land uses in the Scheme are closely informed by the City’s Local Planning Strategy (endorsed by the Western Australian Planning Commission on 24 October 2017). These reserves and zones also need to be consistent with the State government’s Metropolitan Region Scheme zones.

The City’s draft Local Planning Scheme No. 42 will replace the current Town Planning Scheme No. 40 as the legal document that prescribes land use and development across the City.

The purposes of Local Planning Schemes are to:

1. set out the local government’s planning aims for the Scheme area, and implement the Local Planning Strategy;
2. set aside land as reserves for public purposes, in accordance with the aims of the Scheme and the Local Planning Strategy;
3. zone land within the Scheme area in accordance with the aims of the scheme and the Local Planning Strategy;
4. control and guide land use and development in accordance with the aims of the Scheme and the objectives of the respective reserves and zones;
5. make provision for the administration and enforcement of the Scheme where necessary to supplement the provisions in the Planning and Development Act 2005; and
6. provide for such other matters as set out in the Schedule 7 to the Planning and Development Act 2005 as are necessary and appropriate to the local area.

The Metropolitan Region Scheme is an overarching planning scheme for land use in the Perth metropolitan area. This area stretches from Singleton in the south to Two Rocks in the north and east to The Lakes, and includes the City of Canning. The Metropolitan Region Scheme has been in operation since 1963 and provides the legal basis for land use planning in the Perth metropolitan region

The Metropolitan Region Scheme defines the future use of land, dividing it into broad zones and reservations. Local government local planning schemes are required under the Metropolitan Region Scheme to provide detailed plans for their part of the region. These schemes must be consistent with the Metropolitan Region Scheme.

The Metropolitan Region Scheme is available on the Department of Planning, Lands and Heritage website through the link below:

https://www.planning.wa.gov.au/1222.aspx

The Western Australian planning system involves a mix of State and local government planning tools. The State’s strategic land use planning direction is detailed in the Perth and Peel@3.5million metropolitan planning strategy, which was finalised and released in March 2018.

Perth and Peel@3.5million is available on the Department of Planning, Lands and Heritage website through the link below:

https://www.planning.wa.gov.au/10586.aspx

Current State government strategic land use planning requires higher densities to be located within activity centres, activity corridors, around train stations and in close proximity to high frequency public transport to ensure more people can live near public transport services, shops and other essential services. This approach also makes better use of existing infrastructure, focuses redevelopment in specific areas and allows other residential areas to be retained at lower densities.

Further, established industrial areas are required to be protected to prevent encroachment of sensitive or incompatible uses (such as residential or more commercial uses). This protection is achieved through the Metropolitan Region Scheme ‘Industrial’ zoning, and local governments must reflect this zoning in their Local Planning Schemes.

The City’s Local Planning Strategy follows the State government direction in determining areas where residential intensity should be increased, and the retention of industrial areas in accordance with Perth and Peel@3.5million and the Metropolitan Region Scheme. Draft Local Planning Scheme No. 42 reflects the directions of the Local Planning Strategy.

A Local Planning Strategy is a strategic planning document that sets out the long-term vision, objectives and actions for land use planning within the City of Canning. The Local Planning Strategy provides guidance for a 10 year period to ensure that all aspects of land use are considered and that population growth is appropriately planned for.

The Local Planning Strategy is closely informed by the following informing strategies and plans:

• Local Environment Strategy (adopted by Council 18 February 2014);
• Local Water Management Strategy (Adopted by Council 15 April 2014);
• Local Housing Strategy (adopted by Council 21 October 2014);
• Community Development Strategy (adopted by Council 17 March 2015);
• City of Canning Heritage Strategy (adopted by Council 19 May 2015);
• Public Open Space Strategy (adopted by Council 16 June 2015);
• Integrated Transport Strategy (adopted by Council 20 August 2015);
• Local Commercial and Activity Centres Strategy (adopted by Council 13 October 2015);
• City of Canning Cycling and Walking Plan (adopted by Council 15 May 2018); and
• Local Biodiversity Strategy (adopted by Council 19 June 2018).

The Local Planning Strategy is a link between regional and local planning and takes direction from the informing strategies, as well as Perth and Peel@3.5million.

The Local Planning Strategy was adopted by Council on 20 June 2017, and endorsed by the Western Australian Planning Commission on 24 October 2017.

The Local Planning Strategy and sub strategies are available on the City of Canning website through the link below:

https://www.canning.wa.gov.au/Residents/Plan-and-Build/Strategic-Planning/Local-Planning-Strategy

The Local Planning Scheme is the statutory document which implements the objectives of the Local Planning Strategy. The Local Planning Strategy details the background and rationale for proposed zone, density and land use controls introduced in draft Local Planning Scheme No. 42.

Under the Planning and Development (Local Planning Schemes) Regulations 2015, a Local Planning Strategy is an essential component of the development and delivery of a Local Planning Scheme.

The Residential Design Codes of Western Australia (R-Codes) are a State Planning Policy which control residential density and development throughout Western Australia. The R-Code densities are expressed in numbers, such as R20, R40 etc. which relate to density –the number refers to the number of dwellings permitted on a 10,000m² piece of land. All land in the Residential, District Centre and Mixed Use zones will have an R-Code allocated to it on the draft Local Planning Scheme No. 42 Map.

The R-Codes further set out specific requirements relating to frontage, setbacks, open space, building heights, parking, visual privacy, overshadowing and others relating to residential development and residential components of mixed development.

The R-Codes and Explanatory Guidelines are available on the Department of Planning, Lands and Heritage’s website through the link below:

https://www.planning.wa.gov.au/Residential-design-codes.aspx

The Planning and Development (Local Planning Schemes) Regulations 2015 require local governments to review their local planning schemes every five years. The current Town Planning Scheme No. 40 was Gazetted on 18 February 1994, and is presently 24 years old. While it has been amended numerous times, no comprehensive review of Town Planning Scheme No. 40 had been completed until 2016. The Scheme Review Report recommended that a new Local Planning Scheme should be prepared and Town Planning Scheme No. 40 repealed upon its Gazettal.

The Scheme Review Report is available on the City of Canning website through the link below:

https://www.canning.wa.gov.au/en/Residents/Plan-and-Build/Strategic-Planning/Town-Planning-Scheme

Draft Local Planning Scheme No. 42 has been prepared in accordance with this recommendation, and following the Planning and Development (Local Planning Schemes) Regulations 2015.

Most reserves, zones and land uses from the current Town Planning Scheme No. 40 are carried across into draft Local Planning Scheme No. 42, with the structure of both Schemes being generally the same. Some key changes included in draft Local Planning Scheme No. 42 are:

• Introduction of ‘urban corridors’ along Albany Highway and Manning Road. These corridors include densities of R80 and R60 and some R100 in the vicinity of Albany and Leach Highways, and are intended to allow more intensive development in close proximity to good public transport infrastructure.
• A marginal increase in density from the current R30 to R40 in parts of Bentley, St James and Wilson (north of Leach Highway) that are outside the Albany highway and Manning Road urban corridors. A multi-criteria analysis identified redevelopment potential in these areas, and an R40 density is considered to facilitate redevelopment of aging properties.
• Introduction of an ‘urban corridor’ along Leach Highway from Webb Street to High Road, and along High Road, Willetton (between Leach Highway and Willeri Drive). This corridor increases the density of Residential-zoned properties to R40 (from R20 and R25), again to allow more intensive development close to public transport infrastructure connecting into Bull Creek Station.
• A change in zoning for the Willetton Industrial Area from the existing Mixed Business zone to Light Industry (with the exception of properties between High Road and Roxby Lane, which will retain a Commercial zoning). Due to an underlying Metropolitan Region Scheme ‘Industrial’ zone, the City is restricted to applying an industrial zone to this area. Light Industry is considered the most appropriate zone based on existing land uses and the need to adequately manage impacts with surrounding Residential-zoned properties.
• A density of R40 to Residential-zoned properties surrounding Riverton, Southlands and Livingston District Centres. This allows a marginal increase in intensity for developments close to these District-level commercial centres.

These key changes are consistent with the City’s Local Planning Strategy and reflect the strategic planning direction of Perth and Peel@3.5million.

If you own a property or live in the City of Canning, your property may be subject to some change in development potential through draft Local Planning Scheme No. 42. The main changes introduced through the Scheme provide for increased land use intensity in certain areas, where redevelopment potential is identified and high frequency public transport exists. Increasing densities in these key areas allows for some of the lower density residential areas to remain unchanged.

As a result of the proposed density increases, you may be able to develop your property with additional dwellings, or you may see townhouses or apartment buildings under construction in your neighbourhood.

If you would like to discuss changes that affect you or how changes to nearby properties may relate to your property please contact the City’s Strategic Planning department on 1300 422 664 or customer@canning.wa.gov.au.

Please note that the City does not obtain information regarding, and therefore cannot provide comment on, how any proposed zoning or density changes may affect individual property value. It is recommended that you seek professional advice from a licensed property valuer to obtain information on these matters.

Local planning schemes only affect the ways in which land can be developed and used.  Therefore, the Scheme does not affect the provision of infrastructure, paid parking (either on public or private land) and public transport services, routes and frequency.

No. The Canning City Centre Activity Centre Plan area and the Queens Park Local Structure Plan area retain a ‘Centre’ zone, as in Town Planning Scheme No. 40. Similarly, Lot 99 Portcullis Drive and Lot 130 Woodthorpe Drive, and the Bentley 360 area retain an ‘Urban Development’ zone in draft Local Planning Scheme No. 42. The relevant activity centre and structure plans are not changed under draft Local Planning Scheme No. 42, and they will continue to apply in these areas.

In accordance with regulation 22 of the Planning and Development (Local Planning Schemes) Regulations 2015, the City is required to advertise a draft Local Planning Scheme for public inspection. This is an opportunity for the community to understand how feedback provided for each of the informing strategies and plans, and the Local Planning Strategy, has been incorporated into draft Local Planning Scheme No. 42.

Draft Local Planning Scheme No. 42 is required to be advertised for 90 days. The City will undergo this advertising process from 4 September 2018 to 3 December 2018.

Submissions must be received by 5pm, Monday 3 December 2018.

Draft Local Planning Scheme No. 42 is available to view electronically and download on the City’s website, and in this project's Documents Library. Hard copies of draft Local Planning Scheme No. 42 are also available at the following locations for viewing:

• City of Canning Civic and Administration Centre, cnr. George Street West & Albany Highway, Cannington.
• Bentley Library, cnr. Hedley Place & Manning Road, Bentley.
• Cannington Library, Cannington Leisureplex, 233 Sevenoaks Street, Cannington.
• Riverton Library, 67 Riley Road, Riverton.
• Willetton Library, 39 Burrendah Boulevard, Willetton.

You can view the draft Local Planning Scheme No. 42 Maps online on the Draft LPS 42 IntraMaps online mapping portal accessible through the link below.

https://bit.ly/2wvyNLN

This online mapping portal includes a slider that allows you to see the current zoning or classification of any property in the City, and the proposed zoning or classification under draft Local Planning Scheme No. 42. Instructions for using the online mapping portal are available on the Your Say Canning page at the link below.

https://www.yoursaycanning.com.au/

Submissions can be made through Your Say Canning, electronically or in hardcopy using the Form 3A available in the Documents Library, or by email to customer@canning.wa.gov.au.

Submissions on a draft Local Planning Scheme must be made in writing, and must include the following information as required by the Planning and Development (Local Planning Schemes) Regulations 2015:

• The name and address of the person making the submission; and
• A statement about the capacity in which you are making a submission (i.e. landowner, resident, business owner, business tenant etc.) 

Anonymous submissions, or those that are missing this information, cannot be considered under the Planning and Development (Local Planning Schemes) Regulations 2015.

You are encouraged to include an email address in the submission, which will assist the City in providing periodic updates on draft Local Planning Scheme No. 42 after the end of public advertising.

For equity, the City will treat multiple submissions received from the same property as one submission. Any number of matters relevant to draft Local Planning Scheme No. 42 may be included in the same submission.

Your Say Canning allows one submission per registered user. If you have multiple comments you can include them all in the same submission.

Additional comments can be emailed to the City at customer@canning.wa.gov.au. For your additional comments to be valid, please make sure you include the information required for submissions (as specified above) and provide a short statement explaining whether you are making additional comments or changing your previous submission.

Your Say Canning is an engagement platform managed by the City of Canning, with Engagement HQ software provided by Bang the Table. Bang the Table are an Australian based online community engagement and public participation provider. Your Say Canning is hosted in Australia and all responses are kept on Bang the Table’s Australian servers in Sydney. 

Any data collected through Your Say Canning is provided to the City of Canning exclusively and not shared with any other external company. The data is kept on the server as long as Bang the Table is engaged by the City of Canning. On completion of the City’s contract with Bang the Table all data is removed from Bang the Table’s server and destroyed.

No. Submissions are not confidential and for a submission to be considered valid a name and address must be included.

A Schedule of all Submissions, including name and address details of submitters and submission text (summarised for long submissions), must be referred to Council along with draft Local Planning Scheme No. 42 after public advertising. The Schedule of Submissions and copies of the full submissions are required to be provided to the Western Australian Planning Commission after Council makes a decision on the Scheme. The City will redact email and telephone numbers from copies of full submissions forwarded to the Western Australian Planning Commission.

The City will review each submission against planning considerations, and include them in a Schedule of Submissions that will be attached to the Council report, and subsequently provided to the Western Australian Planning Commission. Long submissions will be summarised in the Schedule of Submissions. The City will also make a recommendation to Council on each submission, which may include noting aspects of the submission, responding to comments or issues raised, and identifying any relevant modifications to draft Local Planning Scheme No. 42.

In accordance with the Planning and Development (Local Planning Schemes) Regulations 2015, Council will then consider the recommendations in the report and resolve –

1. to support draft Local Planning Scheme No. 42 without modifications; or
2. to support draft Local Planning Scheme No. 42 with proposed modifications to address issues raised in the submissions; or
3. not to support draft Local Planning Scheme No. 42.

The Schedule of Submissions and copies of each full submission will then be forwarded to the Western Australian Planning Commission for consideration and recommendation to the Minister for Planning.

The City will review each submission and respond to matters raised in the Schedule of Submissions. Modifications to draft Local Planning Scheme No. 42 may be made, provided there is appropriate planning rationale for the modification and the modification is consistent with the Local Planning Strategy, and/or Perth and Peel@3.5million.

Should modifications be recommended to draft Local Planning Scheme No. 42, the City will prepare a Schedule of Modifications that outlines the specific modification requested and the justification to support the modification. The Schedule of Modifications will then be referred to Council with draft Local Planning Scheme No. 42, and subsequently be forwarded to the Western Australian Planning Commission for consideration and recommendation to the Minister for Planning.

The City cannot take into account matters in a submission that are not valid planning considerations, including but not limited to:

1. Perceived loss or gain of property value;
2. Assumptions or heresay;
3. Private disputes between neighbours, including personal disagreements, land/boundary disputes, damage to property, covenants, etc.;
4. Dividing fence matters;
5. The perceived or actual tenure of existing or new development, including whether a property may be owner-occupied or rented;
6. Problems arising from the construction period of any existing or future developments, such as noise, dust, construction vehicles, and hours of working;
7. Business competition concerns, for example where a person considers there is an oversupply of a particular service and any additional service should not be permitted;
8. Management type issues, including how an activity or a business is conducted or the possible behaviour of individuals/patrons/customers;
9. Judgements based on prejudices or bias relating to development, land use, social or community groups, etc.;
10. Issues relating to religious beliefs, personal views, morals or ethics;
11. The perceived or actual loss of a view from private property. Loss of views may only be valid where a proposal disrupts an important landscape vista enjoyed from public land or from private land where a variation to standard development controls is sought, however neither would present at the draft Local Planning Scheme stage; and
12. Matters that are controlled by legislation other than the Planning and Development Act 2005 and the Planning and Development (Local Planning Schemes) Regulations 2015.

Once you have made a submission, the City will contact you periodically with updates on the draft Local Planning Scheme No. 42 process, generally when key milestones are reached. To facilitate this process, you are encouraged to include an email address with your submission.

If you do not wish to make a submission but would like to stay informed, you can continue to visit the Your Say Canning page for updates.

The final Local Planning Scheme No. 42 will come into operation when the Minister for Planning approves the Scheme and it is published in the Government Gazette. On that day, Town Planning Scheme No. 40 is revoked and Local Planning Scheme No. 42 becomes operational.

The few existing amendments to Town Planning Scheme No. 40 will continue to progress as detailed in the Planning and Development (Local Planning Schemes) Regulations 2015. The City will generally not support the initiation of any new amendments to Town Planning Scheme No. 40 at this time.

Any new scheme amendment requests should rather be proposed as a submission to draft Local Planning Scheme No. 42, or as an amendment once Local Planning Scheme No. 42 is Gazetted, depending on the scale of the proposal.

Redevelopment in areas where draft Local Planning Scheme No. 42 has introduced some change could lead to increased traffic over time. However, the capacity of the local road network is generally capable of accommodating traffic increases, in accordance with the Western Australian Planning Commission’s operational policy Liveable Neighbourhoods.

Liveable Neighbourhoods is available from the Department of Planning, Lands and Heritage’s website through the link below:

https://www.planning.wa.gov.au/Liveable-neighbourhoods.aspx

Table 4 of Liveable Neighbourhoods details the indicative traffic volume that various local roads can accommodate. Typical access streets in most residential areas are designed to accommodate approximately 3,000 vehicle movements per day, with a road reserve width generally between 14.2 and 24 metres. This accords with the width of most local roads in the City. There is sufficient capacity in the local road network to accommodate the marginal levels of intensification across the City under draft Local Planning Scheme No. 42.

Given the extent of density changes around the Albany Highway  and Manning Road corridors (including the suburbs of Bentley, St James and a portion of Wilson), the City undertook a traffic modelling exercise to determine whether the road network in this area could accommodate the changes in draft Local Planning Scheme No. 42. This exercise demonstrated that additional traffic generated through progressive redevelopment as identified in the Local Planning Strategy and draft Local Planning Scheme No. 42 will be accommodated within the local road network into the future (including infrastructure upgrading detailed in the State government’s Perth and Peel@3.5million – The Transport Network).

Perth and Peel@3.5million – The Transport Network is available from the Department of Transport’s website through the link below:

https://www.transport.wa.gov.au/projects/perth-and-peel-3-5million-transport-network.asp

No. The Heritage List is empowered by Part 3 – Heritage Protection of the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 – Deemed Provisions. This means that the Heritage List does not change through the draft Local Planning Scheme No. 42 development process. Places identified on the Heritage List are not affected by the draft Scheme.

The review of the Heritage List, and the addition or removal of a heritage place is a separate process that is governed by Part 3 – Heritage Protection of the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 – Deemed Provisions.

If you require further information please contact the City’s Strategic Planning department on 1300 422 664 or email customer@canning.wa.gov.au.