Proposed Modifications - Scheme Amendment No. 130: 'Mixed Use' Area of Harvest Lakes Structure Plan

Share on Facebook Share on Twitter Share on Linkedin Email this link

Consultation has concluded


Background

On 19 December 2020, the Hon. Minister for Planning approved Amendment 130 subject to a number of modifications. This Amendment rezones 26 Lots within the Harvest Lakes Structure Plan area from ‘Development’ to ‘Residential R40’. All other land within the Structure Plan area was rezoned through Amendment 129.

The purpose of a Structure Plan is to guide subdivision and development in a greenfield or redevelopment area. Once this process is complete, the Plan serves no further purpose and the Scheme is then amended to translate the land use zones and other relevant provisions into the City’s Town Planning Scheme. At this stage, the Structure Plan is revoked and removed from the local planning framework, playing no further role in planning decisions.

Proposed Scheme Amendment No. 130

The majority of the zones in the Harvest Lakes Structure Plan convert directly into the Scheme zonings with no impact on existing or future development potential, and these lots have been rezoned through Amendment 129. The 26 lots subject to Amendment 130 have not been developed as the Structure Plan envisioned and so required a different approach to address future development potential.

The intent for the ‘Mixed Use’ land within the Harvest Lakes Structure Plan area was to provide an opportunity for a mix of land uses such as housing, offices, and commercial uses near the local centre (now the Harvest Lakes Shopping Centre). Notwithstanding this intent, this zone was subsequently developed exclusively with single dwellings.

While the City initially proposed to rezone these lots to ‘Residential R40’, reflecting its development, community consultation resulted in some landowners objecting to this proposed zoning, noting that this would remove some development potential available under the Structure Plan. Specifically, the ‘Residential’ zone would prohibit some commercial and office uses permitted under the Structure Plan. Rezoning the land to ‘Mixed Use’ was also considered inappropriate as this would render the existing single dwellings as non-conforming uses.

Council acknowledged this objection, modifying the Amendment to rezone these properties to ‘Mixed Use – R40’ zone, and permitting an ‘Additional Use’ of ‘Single House’.

Proposed 'Mixed Use' Zoning with 'Additional Use - Single House'

Council then adopted Amendment 130 with the ‘Mixed Use’ zone, submitting this to the Hon Minister for Planning for approval. Following assessment by the Department of Planning, Lands and Heritage, the Minister has determined that the 26 lots subject to the Amendment be rezoned ‘Residential R40’ as originally proposed. The Minister’s decision in this matter is final and not subject to appeal.


Background

On 19 December 2020, the Hon. Minister for Planning approved Amendment 130 subject to a number of modifications. This Amendment rezones 26 Lots within the Harvest Lakes Structure Plan area from ‘Development’ to ‘Residential R40’. All other land within the Structure Plan area was rezoned through Amendment 129.

The purpose of a Structure Plan is to guide subdivision and development in a greenfield or redevelopment area. Once this process is complete, the Plan serves no further purpose and the Scheme is then amended to translate the land use zones and other relevant provisions into the City’s Town Planning Scheme. At this stage, the Structure Plan is revoked and removed from the local planning framework, playing no further role in planning decisions.

Proposed Scheme Amendment No. 130

The majority of the zones in the Harvest Lakes Structure Plan convert directly into the Scheme zonings with no impact on existing or future development potential, and these lots have been rezoned through Amendment 129. The 26 lots subject to Amendment 130 have not been developed as the Structure Plan envisioned and so required a different approach to address future development potential.

The intent for the ‘Mixed Use’ land within the Harvest Lakes Structure Plan area was to provide an opportunity for a mix of land uses such as housing, offices, and commercial uses near the local centre (now the Harvest Lakes Shopping Centre). Notwithstanding this intent, this zone was subsequently developed exclusively with single dwellings.

While the City initially proposed to rezone these lots to ‘Residential R40’, reflecting its development, community consultation resulted in some landowners objecting to this proposed zoning, noting that this would remove some development potential available under the Structure Plan. Specifically, the ‘Residential’ zone would prohibit some commercial and office uses permitted under the Structure Plan. Rezoning the land to ‘Mixed Use’ was also considered inappropriate as this would render the existing single dwellings as non-conforming uses.

Council acknowledged this objection, modifying the Amendment to rezone these properties to ‘Mixed Use – R40’ zone, and permitting an ‘Additional Use’ of ‘Single House’.

Proposed 'Mixed Use' Zoning with 'Additional Use - Single House'

Council then adopted Amendment 130 with the ‘Mixed Use’ zone, submitting this to the Hon Minister for Planning for approval. Following assessment by the Department of Planning, Lands and Heritage, the Minister has determined that the 26 lots subject to the Amendment be rezoned ‘Residential R40’ as originally proposed. The Minister’s decision in this matter is final and not subject to appeal.

Consultation has concluded
  • Project Update

    Share on Facebook Share on Twitter Share on Linkedin Email this link
    CLOSED: This discussion has concluded.

    Thank you for your submissions. The public comment period was open from 31 October to 21 November 2019. At its meeting on 9 April 2020 (OCM Minutes 09/04/20) Council resolved to recommend approval of this modification to the Western Australian Planning Commission (WAPC).

    The Hon Minister for Planning has now made a determination on this proposal and has approved the amendment on 13 January 2021 subject to modifications removing the proposed ‘Mixed Business’ zone and rezoning all land within the amendment area to ‘Residential R40’. The Minister's decision in this matter is final.