Shouldn't a development comply with the requirements?
Proposed developments within the City are assessed under the City of Vincent Town Planning Scheme, relevant planning policies or the Residential Design Codes which:
- aims to control and guide development and growth in a responsible manner and
- accommodate and respond to change.
Whilst the Town Planning Scheme 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 a minimum of 14 days, in accordance with Policy No. 4.1.5 relating to Community Consultation.
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 the Council approve a non-complying application?
A planning application for residential development is generally assessed against the Residential Design Codes and the City's Residential Design Elements Policy. Both the Codes and the City's Policy comprise two approaches for assessing and determining a planning application:
1. Design Principles/Design Solution and
2. Deemed-to-Comply Provisions.
Design Principles/Design Solution 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/Design Solution 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 focussing 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' illustrate one way of satisfactorily meeting the Design Principles/Design Solution. 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 the Council needs to determine if the application still meets the Design Principles/Design Solution (i.e. does it achieve the desired outcome). It is in situations like this that the Council needs to exercise discretion in deciding whether the Design Principles/Design Solution have been met.
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
-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.
For further information on assessing a planning application, including definitions of common planning
terminology, visit our website www.vincent.wa.gov.au/communityconsultation (scroll down to Definitions of
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
You may also contact the Planning Officer, whose name appears on the consultation letter.
What should my submission say?
What if I am satisfied with the proposed development application? Do I have to make a submission?
What will happen to my submission?
Will the applicant or anyone else know that I have made a submission?
Should I sign a petition?
Will the application be reported to the council for determination?
Primary responsibility for making decisions rests with the elected Council, at a Council Meeting. However, for some development applications, the Council has also delegated some decision-making responsibility to the Chief Executive Officer.
Details on what is required to be reported to the Council are outlined in the Delegated Authority Register, which is available on the City's website. Generally, it is only larger applications which are determined by the Council (e.g. a patio or addition to a dwelling would generally not require the Council‟s determination).
However, if there are more than five (5) written objections received for an application, the application must be
reported to the Council for determination.
Can a decision be appealed?
Third party participation in planning appeals