FAQs

When a change or multiple changes are required to made to the City of Cockburn’s Town Planning Scheme No.3 this can occur through a scheme amendment. A scheme amendment can be proposed by landowners, State Government agencies or the City itself.

A scheme amendment is initiated by the City at an Ordinary Council Meeting (OCM) with the City then becoming responsible for progressing the scheme amendment.  However, the Minister for Planning is the ultimate determining authority.   

Scheme amendments can occur for different reasons including:

• A change to zoning to accommodate specific land uses or development;
• A change in residential density coding; 
• A change in the scheme's wording for more effective planning; 
• To implement strategic vision within the local planning strategy; and/or 
• To ensure orderly and proper planning.

Yes, there are three types of scheme amendments: basic, standard and complex. 

Scheme Amendment No.158 is being progressed as a standard amendment which means it needs to be advertising for 42 days. 

The standard amendment process is defined in the Part 5, Division 1, Regulation 34 of the Planning and Development (Local Planning Schemes) Regulations 2015. 

A standard amendment can be used where an amendment meets one or many of the requirements below: 

• An amendment relating to a zone or reserve that is consistent with the objectives identified in the scheme for that zone or reserve
• An amendment that is consistent with a local planning strategy for the scheme that has been endorsed by the Commission
• An amendment to the scheme so that it is consistent with a region planning scheme that applies to the scheme area, other than an amendment that is a basic amendment
• An amendment to the scheme map that is consistent with a structure plan or local development plan that has been approved under the scheme for the land to which the amendment relates if the scheme does not currently include zones of all the types that are outlined in the plan
• An amendment that would have minimal impact on land in the scheme area that is not the subject of the amendment
• An amendment that does not result in any significant environmental, social, economic or governance impacts on land in the scheme area
• Any other amendment that is not a complex or basic amendment.

The proposed changes as part of Amendment No.158, specifically relate to Clause 4.18 within the (TPS3). 

Amendment No.158 seeks to replace the existing Clause 4.18 in the TPS3 with a revised provision with sub-clauses to detail how Tree Preservation Orders will be assessed, considered and determined.

There should be no immediate effects on landowner or occupiers as a result of Amendment No.158 as the changes will not be applied retrospectively to existing significant trees. 

Amendment No.158 will purely seek to introduce stronger provisions into the TPS3 to allow for greater protection of outstanding trees by means of tree preservation orders.

The City’s Urban Forest Plan 2018 – 2028 seeks to improve the City’s tree canopy cover by expanding and managing the urban forest. 

Amendment No.158 does not interact with the Urban Forest Plan 2018 – 2028 but rather seeks to introduce provisions for tree preservation orders into the TPS3. 

For a tree to be considered as worth of having a tree preservation order, it must address and respond to the specific criteria, which relates to cultural, historical and aesthetic values and not just environmental values. The criteria is listed on the City's website. 

The closing date for submission is Monday 29 May 2023. 

Submissions can be made by any of the following methods: 

• Online - on the Comment on Cockburn website via online form; or
• Mail – to the City of Cockburn PO BOX 1215 Bibra Lake DC WA 6965; or
• Email – to Strategic Planning at [email protected]. 

Please be aware if you make a submission, it will be included in a Council Agenda report, which is available for public viewing. 

Please clearly state in your submission if you want your details to be kept confidential.