Shouldn't a development comply with the requirements?
Proposed developments within the City are assessed under the City of Vincent Local Planning Scheme No. 2, State Planning Policy 7.3 Residential Design Codes - Volume 2 Apartments and relevant local planning policies:
- aims to control and guide development and growth in a responsible manner and
- accommodate and respond to change.
Whilst the Local Planning Scheme No. 2 and relevant planning policies aim to respond to best practice planning principles, they cannot cater for all development scenarios. For this reason they have been developed with a focus on what they are trying to achieve rather than on how to achieve it. This is more clearly explained in the next section. This approach, which is called a performance based approach, may require the City to exercise some discretion. Where discretion is required the application will be advertised, generally for 28 days, in accordance with the City's Stakeholder Engagement Policy.
Following the period of consultation, the City‟s Officers will consider the merits of the application to ensure that the proposal is appropriate and will not have an undue impact on the amenity of the area.
All comments or submissions received by the City will be considered when determining any development application/proposal, in the context of the City's legal responsibilities, the interests of the affected community and the reasonable expectations and rights of the applicant.
How can a non-complying application be considered or approved?
The proposal will be assessed against the Residential Design Codes and the City's Local Planning Policy. Both the Codes and the City's Policy comprise two approaches for assessing and determining a planning application:
1. Design Principles / Element Objectives; and
2. Deemed-to-Comply Provisions / Acceptable Outcomes.
Design Principles/Element Objectives describe the outcome that is sought rather than the way that it can be achieved. For example, when considering privacy requirements the Performance Criteria Design Principles/Element Objective state that the direct overlooking of active habitable spaces (e.g. bedrooms, living areas) should be minimised through building layout, location of major openings and screening. No hard and fast rule is defined. By focusing on the desired outcome rather than providing a prescriptive rule creative designs are not stifled and a wide range of designs can be contemplated.
Deemed-to-Comply / Acceptable Outcomes illustrate one way of satisfactorily meeting the Design Principles / Element Objectives. This provides some certainty to an applicant by defining one of the ways to meet the Design Principles/Design Solution, but it is not necessarily the only way. If an application does not meet the Deemed-to-Comply Provisions / Acceptable Outcomes the Decision Maker needs to determine if the application still meets the Design Principles/Element Objectives (i.e. does it achieve the desired outcome). It is in situations like this that the Decision Maker needs to exercise discretion in deciding whether the Design Principles/Element Objective have been met.
In regards to Local Planning Policies, the City is not allowed to refuse an application for a particular element if the application meets the Deemed-to-Comply Provisions for that element. City Officers assess each application to identify where the Deemed-to-Comply Provisions have been met and therefore must be accepted. Those elements that do not meet the Deemed -to -Comply Provisions, and therefore must be assessed against the Design Principles/Design Solution, are identified and are listed for consideration by the neighbours and affected parties, and ultimately for assessment by the City.
Can I obtain more information about the Proposal?
Yes. Large scale site plans, plans, elevations and other relevant information is available for public viewing at the Administration and Civic Centre, 244 Vincent Street (cnr Loftus Street), Leederville between 8.00am and 5.00pm, Monday to Friday (excluding public holidays) or at the Library and Local History Centre during opening hours.
You may also contact the us to find out more.
What should my submission say?
What if I am satisfied with the proposed development application? Do I have to make a submission?
If you are satisfied with the proposed development, you can provide the City with a submission of support.
It is important for the City to understand the range of views across the community.
In any case, a Officer will make an assessment of the proposal and all submissions received from the community. This includes matters including but not limited to building design, overshadowing, privacy, noise, traffic and parking.
Should I sign a petition?
What will happen to my submission?
Will the applicant or anyone else know that I have made a submission?
The City has a policy relating to Privacy Management and will not disclose names and other personal information to a third party, without your prior consent.
The Council is subject to the Freedom of Information laws and does not publish the names or addresses of those who make submissions. However, in some circumstances the applicant may be advised of the source and issues raised in the submissions to enable them to resolve any problems raised. You will be advised in such cases.
Can a decision be appealed?
Third party participation in planning appeals