Amendment No. 38. Civic Centre Cnr Sandgate Street and South Terrace SOUTH PERTH WA 6151

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1 Town Planning Scheme No. 6 Amendment No. 38 Lots 46, 47, 382, 48 (Nos. 33, 31, 29) Canning Highway cnr Way Road, South Perth Civic Centre Cnr Sandgate Street and South Terrace SOUTH PERTH WA 6151 Monday to Friday: 8.30am to 5.00pm Enquiries: Gina Fraser, Senior Strategic Planning Officer Telephone: Facsimile: Web:

2 CITY OF SOUTH PERTH TOWN PLANNING SCHEME NO. 6 AMENDMENT NO. 38 LOTS 46, 47, 382, 48 (NOS. 33, 31, 29) CANNING HIGHWAY, SOUTH PERTH Prepared by JULY 2012

3 MINISTER FOR PLANNING FILE: PART OF AGENDA: PROPOSAL TO AMEND A TOWN PLANNING SCHEME LOCAL AUTHORITY : City of South Perth DESCRIPTION OF TOWN PLANNING SCHEME : Town Planning Scheme No. 6 TYPE OF SCHEME : District Scheme SERIAL NUMBER OF AMENDMENT : Amendment No. 38 PROPOSAL : To rezone Lots 46, 47, 382, 48 (Nos. 33, 31, 29) Canning Highway, South Perth from Residential with a density coding of R15 to Highway Commercial with a density coding of R80

4 RESOLUTION DECIDING TO AMEND CITY OF SOUTH PERTH TOWN PLANNING SCHEME NO. 6

5 PLANNING AND DEVELOPMENT ACT 2005 RESOLUTION DECIDING TO AMEND A LOCAL PLANNING SCHEME CITY OF SOUTH PERTH TOWN PLANNING SCHEME NUMBER 6 AMENDMENT NO. 38 RESOLVED that the Council of the City of South Perth, in pursuance of Section 75 of the Planning and Development Act 2005, amend the City of South Perth Town Planning Scheme No. 6 by: (i) rezoning Lots 46, 47, 382, and 48 (Nos. 33, 31 and 29) Canning Highway cnr Way Road, South Perth, from Residential with an R15 density coding, to Highway Commercial with R80 density coding; (ii) deleting Item No. 2 relating to Lot 48 (No. 29) Canning Highway NW cnr Way Road, from Schedule 2 Additional Uses ; and (iii) amending the Scheme Zoning Map for Precinct 5 Arlington, accordingly. Council Meeting dated: 23 October 2012 A C FREWING CHIEF EXECUTIVE OFFICER

6 SCHEME AMENDMENT REPORT

7 Report on Amendment No. 38 Town Planning Scheme No INTRODUCTION Amendment No. 38 seeks to rezone Lots 46, 47, 382, 48 (No. 33, 31, 29) Canning Highway, South Perth ( the subject sites ) from Residential zone with a density coding of R15, to Highway Commercial zone with a density coding of R80. Lot 48 also has an Additional Use which is identified in Schedule 2 of the City of South Perth Town Planning Scheme No. 6 (TPS6). This will be deleted by Amendment No. 38. The Amendment will provide for development of the subject sites in accordance with the Highway Commercial/R80 provisions of TPS6, similar to other Highway Commercial/R80 zoned sites along Canning Highway at key road intersections. Lot 382 is an unusual small sliver of land (5 sq. metres in area) along the Way Road boundary of Lot 47 and forms part of the title of Lot 47. Reference throughout this report to Lot 47 should also be taken to include Lot 382 as being part of that lot. Street View 1. The subject sites: Lots 46, 47, 48 (Nos. 33, 31, 29) Canning Highway cnr Way Road, South Perth Page 1

8 2.0 SITE CONTEXT 2.1 Location The subject sites are situated in the locality of South Perth, which is approximately 1.5km south of the Perth Central Business District. The site is situated at the T-junction of Canning Highway and Way Street (see Figure 1 Location Plan). Figure 1. Location Plan of Subject Sites (Source : Google Maps, 2012) The subject sites comprise Lots 382, 46, 47 and 48 Canning Highway, as follows (see also Figure 2 Cadastral/Aerial Plan, below): Table 1. Land description and area of lots comprising subject sites Lot Plan Volume/Folio Area 46 P / m 2 47 P / m 2 48 P / m P /509 5m 2 (Source of lot areas: Landgate, 2012) Page 2

9 Figure 2. Aerial/Cadastral Plan of subject sites (Source: Landgate, 2012) Figure 3 - Plan 2043, below, shows the cadastral boundaries of Lot 382: Figure 3. Plan 2043 extract showing Lot 382 dimensions and area Page 3

10 2.2 Surrounding Context The subject sites are within a mature established locality where residential development is occurring predominantly through intensification, rather than through the development of green-field sites. The land adjacent to the subject sites is zoned Residential R15 with established dwellings constructed circa 1950s and 1960s. Along Canning Highway there are commercial developments, which are generally interspersed with and adjoined by both historic and new residential development of varying quality and density. Historically, many commercial land uses have been developed along Canning Highway, with commercial development focused particularly around key Canning Highway intersections. In many parts, Canning Highway represents a mixed streetscape and the built form and density along the Highway does not reflect a consistent pattern of development. Figure 4 Surrounding Context and Street Views 2 and 3, below, provide an overview of the subject sites in relation to surrounding land use and environment. Inset Figure 4. Surrounding context of subject sites [indicated by red border] Page 4

11 Street View 2. sites Looking south-west along Canning Highway from the vicinity of the subject Street View 3. sites Looking north-east along Canning Highway from the vicinity of the subject Page 5

12 3.0 SITE DESCRIPTION 3.1 Existing Development on Subject Sites Lot 46 (No. 33) Canning Highway A building archive search at the City offices indicates that the existing single storey brick and metal roof dwelling was constructed circa 1930s. A change of use from residence to Consulting Rooms was approved on 5 October 1972, with provision of six car bays relying on a reciprocal parking agreement with the adjoining property at No. 31 Canning Highway (approved as a Dental Clinic ). The floor area of the existing Consulting Rooms is approximately 110 sq. metres and includes two Consulting Rooms in the front rooms of the building. A ramp has been provided at the rear of the building for disabled access. The building currently operates as Consulting Rooms and has been used for this purpose for the last 40 years. Street View 4. Lot 46 (No. 33) Canning Highway Page 6

13 Lot 47 (No. 31) Canning Highway SW cnr Way Road A building archive search at the City offices indicates that the two storey existing brick and tile roof commercial building was constructed in The building was designed for the purpose of a Dental Clinic and was approved on 23 November It is not clear from the City s archival records whether the land was vacant, or whether there was an existing dwelling which was subsequently demolished to make way for the new Dental Clinic building. The ground floor area of the existing dental clinic building is approximately 130 sq. metres with up to three consulting rooms. The second storey was approved as a residence which contained two bedrooms, kitchen, bathroom, and living areas. The floor area of the second storey is approximately 65 sq. metres. The total floor area of the building is approximately 195 sq. metres. The dental clinic was approved with provision of five car bays, relying on a reciprocal parking agreement with the adjoining property at No. 33 Canning Highway. The building currently operates as Consulting Rooms and has been used for this purpose for the last 42 years. Street View 5. Lot 47 (No. 31) Canning Highway SW cnr Way Road Page 7

14 Lot 48 (No. 29) Canning Highway NW cnr Way Road A building archive search at the City offices was not undertaken for Lot 48 (No. 29) Canning Highway, however, the existing single storey brick and metal roof residential building is in good condition, with a floor area of approximately 170 sq. metres. At the rear of the property, a brick paved car parking area has been developed which accommodates up to eight cars. The existing building enjoys an Additional Use status as an Office. This use was approved by the Council following an Amendment to the City s former Town Planning Scheme No. 5 in The building still operates as an Office and has been doing so for many years. The external façade of the building and the surrounding landscaped areas of the site are in good condition and are well maintained. Street View 6. Lot 48 (No. 29) Canning Highway NW cnr Way Road Street View 7. All three subject sites. Page 8

15 3.2 Vehicular Access Canning Highway is a Primary Regional Road under the Metropolitan Region Scheme and a portion of the front of the lots is reserved as Primary Regional Roads. The proposed Scheme Amendment does not seek to rezone this Primary Regional Road reservation and the MRS reservation will remain. Canning Highway traverses the City of South Perth in a SW NE orientation and is intersected by key local roads for its whole length. The Highway provides the subject sites with excellent commercial exposure and accessibility. Way Road meets Canning Highway as a T-junction and provides Lots 47 and 48 with corner exposure and access. Way Road effectively forms an extension of Mill Point Road, providing a link with Canning Highway. Mill Point Road is a major east-west district distributor road providing access between Canning Highway and the local and neighbourhood centres along Mill Point Road. This places the subject sites in a prominent and strategic location. Lot 46 (No. 33) Canning Highway Vehicular access to Lot 46 is both from Canning Highway (via a direct single crossover) and from Way Road through the rear of Lot 47 (No. 31) Canning Highway, behind the buildings. There is no formal easement for access across Lot 47, however, both properties are currently in the same ownership. Street Views 8 and 9 show the vehicular entry point to Lot 46 from Canning Highway. Lot 47 (No. 31) Canning Highway SW cnr Way Road Vehicular access to Lot 47 is via a double-width crossover from Way Road at the rear of the existing building. Access to the hard stand paved area at the front of the building is via the single crossover on Lot 46. Street View 10 shows the doublewidth vehicular entry point to Lot 47 from Way Road. Lot 48 (No. 29) Canning Highway NW cnr Way Road Vehicular access to Lot 48 is via a double-width crossover from Way Road at the rear of the existing building. Page 9

16 Street View 8. Lot 46 single crossover access onto Canning Highway Street View 9. Lot 46 vehicular access from Canning Highway down side of building to rear car parking area Page 10

17 Street View 10. parking area Lot 47 double-width crossover access from Way Road to rear car View of the two vehicular access points to Lots 46 and 47, showing the shared parking area at the rear View of vehicular access point to Lot 48 from Way Road Page 11

18 3.3 Car Parking Lots 46, 47 and 48 all have rear car parking areas. There are no delineated car parking bays within the front setback areas. However, with regard to Lots 46 and 47, there is a hard stand paving area at the front of each building which could provide opportunity for car parking for up to two car bays (in tandem arrangement on Lot 46 and side by side on Lot 47). The following is an approximation of current car parking potential for the subject sites: Subject site Estimated potential number of Car Parking Bays Lot 46 6 bays (Bays are provided within front setback area and at rear of the site, independent of access through Lot 47) Lot 47 7bays or 9 bays* (Bays are provided within front setback area and in tandem at the rear. *Estimate is based on not providing vehicular access through the rear of Lot 47 from Way Road to Lot 46) Lot 48 8 bays (Bays are provided in a rear parking area) Street View 11. Existing car park at rear of Lot 46 Page 12

19 Street View 12. Hard stand paved areas within front setback of Lots 46 and Public Transport Canning Highway is a medium frequency public transport route for bus services as identified in the WAPC Draft Capital City Planning Framework. In addition to regular bus services, the Highway is a major route for feeder buses that provide patrons with public transport services to the Canning Bridge transit station located approximately 4.1kms to the south-west of the subject sites. The nearest bus stops are Bus Stop No (north side Canning Hwy) and No (south side Canning Hwy) approximately 80 metres south-west from the subject sites. There are also bus stops on Mill Point Road (i.e. Bus Stop 11836) approximately 200 metres from the subject sites, which can provide transport to the South Perth Ferry Terminal. 3.5 Heritage The existing buildings on the subject sites are not listed under the City of South Perth Municipal Heritage Inventory, nor the State Heritage Register. It is not likely that the buildings will, in future, be considered for listing under either the Municipal Heritage Inventory or State Heritage Register. Page 13

20 4.0 KEY PLANNING FRAMEWORK STATE & REGIONAL PLANNING 4.1 Metropolitan Region Scheme Under the Metropolitan Region Scheme (MRS) the subject sites are zoned as Urban with a narrow strip at the front of the lots being Primary Regional Road. The Canning Highway Reservation Review has been undertaken recently by consultants appointed by the WA Department of Transport. The purpose of the study was to produce a single comprehensive plan for road requirements and land use planning for the section of Canning Highway from Albany Highway to Canning Bridge. It involved: preparation of an access strategy that minimises frontage access onto Canning Highway; investigation of the potential for up-coding of affected properties along the Highway by way of a study of urban design and desired building form; and preparation of a road design concept and reservation plans that accommodate the requirements of an activity corridor. The study has been completed. The preferred design concept for future road widening (ie. typical section) generally fits within the existing Canning Highway Primary Regional Road reservation as shown on the Metropolitan Region Scheme maps. However, at some intersections, it will be necessary to expand the existing MRS reservation and incorporate additional land to accommodate elements of the proposed road design. At the Way Road junction, the study has found that, on the south-west corner, the land already reserved under the MRS is sufficient for the future road widening. On the north-west corner, in addition to land already reserved under the MRS, the study has found that a further 36 sq. metres would need to be reserved and eventually acquired from the corner of Lot 48. This future amendment to the Metropolitan Region Schemes does not impinge upon the merits of the currently proposed Amendment to TPS6. At its June 2012 meeting, the Council resolved to support in principle, the proposals in the Canning Highway Reservation Review as detailed in the Final Planning Report dated 10 January Council also resolved that the WA Department of Planning be requested to expedite the purchase of all of the land required to facilitate the proposed widening and upgrading of Canning Highway. The outcome of the Canning Highway Reservation Review and its effect on the subject properties has been drawn to the attention of the applicants. At this stage, the subject sites are suitably zoned under the MRS for commercial/ residential use and do not require an amendment to the MRS. Page 14

21 LOCAL PLANNING 4.2 City of South Perth Town Planning Scheme No. 6 Lots 46, 47 and 48 are zoned Residential with a density coding of R15 under TPS6. In addition, Lot 48 has been allocated an Additional Use for Offices, as follows: Item No. Street Name Particulars of Land Street Lot Location No. No. No. Precinct Permitted Additional Use Maximum Plot Ratio Development Requirements Requirements other than Plot Ratio 2. Canning Highway NW Cnr Way Road Swan 37 Precinct 5 : Arlington Offices Minimum setback from Canning Highway : 4.0m. 2. Minimum number of car parking bays: Refer to Table 6. The MRS Primary Regional Roads reservation across the front of the subject sites is reflected in TPS6. Development of the sites is subject to the provisions of TPS6 and related planning policies. The proposed Scheme Amendment will retain the Primary Regional Roads reservation as per TPS City of South Perth Local Commercial Strategy 2004 The purpose of the City of South Perth Local Commercial Strategy 2004 (LCS) is to set out the short and long-term planning directions for commercial development within the City between It also provides a rationale and basis for zoning and other provisions contained in TPS6. Despite having Residential zoning, the subject sites are recognised in the LCS as forming the Canning Highway/Way Road Centre in Figure 6 of the Strategy. The LCS recognises the strategic location of the subject sites for their continued commercial use into the future. For the Canning Highway/Way Road Centre, the LCS recommends that minor further expansion should be contingent on improved amenity and refurbishment. Figure 6 of the LCS is reproduced below: Page 15

22 (Source: City of South Perth Local Commercial Strategy 2004) Figure 5. Extract from the City of South Perth Local Commercial Strategy 2004 showing Figure 6 of the Strategy which includes the subject sites as the Canning Highway/Way Road Highway Commercial Centre Page 16

23 5.0 AMENDMENT RATIONALE 5.1 City of South Perth Local Commercial Strategy The proposed amendment seeks to rationalise the Highway Commercial status provided for the subject sites in the LCS, by allocating the appropriate commercial zoning to the sites. The following is an extract from the Strategy (page12), identifying the current and future potential floor area expansion for the subject sites: Figure 6. Extract from the City of South Perth Local Commercial Strategy 2004 The above extract from the LCS proposes no significant expansion of the subject sites for the Highway Commercial centre at the corner of Canning Highway and Way Road. However, the Strategy does recommend that any minor expansion be considered on the basis that such improvements (i.e. refurbishments) will enhance the quality and amenity of the development and the streetscape. Any future redevelopment of the site will need to take into consideration the LCS objectives for the Highway Commercial Centres which are as follows: To encourage upgrading of commercial facilities adjoining the City s two major regional roads, Canning Highway and Manning Road, for uses and development which: a) Require a regional road frontage for accessibility or exposure; b) Contribute to the physical appearance of development adjacent to the roads and to the variety and diversity of commercial facilities available to the local community; c) Will not adversely jeopardise access or safety aspects of either road s primary function as important roads within the region; and Page 17

24 d) Are compatible with the long-term road widening requirements on both Canning Highway and Manning Road. Future development within the Highway Commercial Canning Highway/Way Road Centre will also need to be consistent with the Recommended Actions for Highway Commercial Centres as stated in the Strategy (page13) as follows: The Council should use the expansion potential at the various points along Canning Highway to promote redevelopment and refurbishment. In the case of additions to an existing building, notwithstanding the maximum plot ratio prescribed in TPS6, where proposed additions involve an increase in floor area of more than 10%, such development should only be approved if the existing building is significantly upgraded. Development should not be supported by Council unless vehicular access to and from lots which abut Canning Highway or Manning Road are: (i) (ii) confined to the minimum necessary in the opinion of the Council for orderly traffic movement; and designed in such a manner as to facilitate entry onto the road in a forward gear. In any new development within the zone, retailing floor space should be incidental to the predominant use of the site or is of a nature reliant on passing trade for predominant patronage. Development should not occur on land affected by road widening. The Council should be satisfied that the physical appearance, amenity and service offered by any new development is compatible with the objectives for this type of centre. To promote the upgrading and improvements to the physical appearance of the commercial development as viewed from Canning Highway and Manning Road, the Council should consider relaxing parking requirements, or allowing the use of streets for parking where adjoining land uses are non-residential: (i) (ii) Where such parking cannot be provided on-site or where it would be visually intrusive to do so; and By so doing, better landscaping and/or refurbishment of existing development can occur on the site. The Council should discourage excessive signage other than what may be reasonably required to advertise highway businesses and should support variations to signage policy where consolidation of, or improvement to, existing advertising is proposed. The Council should encourage integrated development between adjoining commercial properties, and could require cross access and reciprocal parking arrangements and/or lot amalgamation as part of development proposals. Given the over-supply of Local and Neighbourhood floorspace throughout the City, and the resistance by the Commission to ad hoc Highway Commercial development, no additional areas are recommended for Highway Commercial zoning other than those already identified in TPS6. Page 18

25 5.2 City of South Perth Town Planning Scheme No. 6 The overall objective of TPS6 is to promote precinct-orientated, performance based development which retains and enhances the overall attributes of the City and the particular objectives and attributes of each precinct. For commercial development, the relevant objectives as stated in clause 1.6 (2)(j) are as follows: (j) In all commercial centres, promote an appropriate range of land uses consistent with: (i) (ii) the designated function of each centre as set out in the Local Commercial Strategy; and the preservation of the amenity of the locality. The proposed Scheme Amendment seeks to rezone the subject sites to be more consistent with the Canning Highway/Way Road Highway Commercial Centre status recommended in the LCS. This is also consistent with clause 1.6 (2)(j) of TPS6 above. As stated in clause 8.2 of the Strategy: The final LCS, endorsed by the Western Australian Planning Commission will become one of the supporting documents to TPS6 under Clause 1.5 and Clause 9.6 of the Scheme. By so doing, it is one of the foremost matters that the Council must take into account under clause 7.5 of the Scheme. It would therefore effectively be part of the Scheme. 5.3 City of South Perth Draft Local Housing Strategy The subject sites fall within the proposed Eastern Activity Centre Plan precinct as shown in Figure 7 Eastern Activity Centre Plan of the City s draft Local Housing Strategy (LHS). The LHS recommends retaining Residential zoning on the southwestern side of Way Road, however on the north-eastern side of Way Road, Mixed Use is proposed. The proposed Scheme Amendment to rezone the subject sites to Highway Commercial/R80 will provide opportunity for mixed use redevelopment to a density of R80. The higher residential density of R80 is consistent with the current Highway Commercial/R80 zoned sites along Canning Highway and Manning Road. Figure 7. Eastern Activity Centre Plan, Draft City of South Perth Local Housing Strategy, 2012 Page 19

26 An R80 density coding provides opportunity for diversity of residential accommodation (ie. single bedroom and double bedroom/double bathroom units) and creation of more affordable housing. For residential development, it is likely that the higher density coding of R80 would be needed in order to warrant demolition of the commercial buildings and offset associated commercial losses. Under the LHS, it is proposed that medium density coding be provided as a transition between the higher density coding along Canning Highway, and lower density codings further removed from the Highway. The LHS proposes an increase from the restrictive maximum 0.5 plot ratio for the Highway Commercial zone under TPS6, to a maximum plot ratio of 1.0, consistent with the maximum plot ratio prescribed by the R-Codes for R80. This would provide for more development options and maximise site potential. 5.4 General Rationale for Scheme Amendment Additional rationale for the proposed Scheme Amendment is provided as follows: Undesirability of subject sites for residential living The amenity of the subject sites for single dwelling residential living is significantly reduced by being adjacent to the traffic lights at the T-junction at the corner of Way Road and Canning Highway. At frequent times during the day, especially during peak periods, there is a build-up of cars forming a column waiting to turn left and right onto Canning Highway from Way Road. In addition there can be a buildup of cars at the traffic lights directly in front of Lots 46 and 47 on Canning Highway. The noise and fumes generated by vehicles at the signal-controlled junction reduces the residential appeal of the subject sites. Residential amenity could possibly be improved through the construction of high solid walls along the front boundary of the lots (similar to opposite side of the highway), however, this is not a desirable outcome for the streetscape. Under the Amendment proposal, there would be opportunity for new R80 Multiple Dwelling development, which could incorporate design measures to mitigate noise and other adverse impacts associated with the signal-controlled intersection and traffic queuing. This could include increased front setback, building design and construction solutions, such as window glazing and bedrooms located towards the rear, and other design solutions. Any new R80 development would need to comply with the R-Codes, TPS6 and related policies. Current Residential zoning obsolete For the past 40 years the subject sites have been used for non-residential purposes and it is highly unlikely that the sites would be converted back for residential use due to their commercial value. This makes the current Residential zoning obsolete. As identified in the LCS, the key junction of Canning Highway and Way Road (extension of Mill Point Road) makes the subject sites an ideal location for commercial use due to their exposure and accessibility. The existing Residential R15 zoning of the subject sites limits the commercial potential of the site. Page 20

27 Spot Rezoning The proposed Scheme Amendment is not considered to be a spot rezoning for the following reasons: (i) the subject sites form the Highway Commercial Canning Highway/Way Road Centre as identified in the City s draft Local Planning Strategy. It is therefore not an ad hoc commercial site without context. The current Residential zoning does not reflect this commercial node and its commercial potential as recognised by the Strategy; (ii) the subject sites are situated at a key strategic road junction, being Canning Highway and Way Road, with Way Road effectively forming an extension of Mill Point Road, which makes the Amendment site unique; (iii) the proposed Amendment is not introducing non-residential uses to these sites for the first time, because commercial uses have been operating for many years (over 40 years in the case of Lots 46 and 47), representing a wellestablished and accepted commercial node within the local community; (iv) the subject sites are of adequate commercial size, with a combined area of 1,341 sq. metres, which warrants rezoning consideration; and (v) the Amendment would not create an undesirable zoning precedent, as it is recognising the Highway Commercial node which is identified in the LCS. Impact on Low Density Residential Neighbouring Properties The proposed Scheme Amendment does not involve any redevelopment at this stage. Any future development, including extensions/alterations to the existing buildings, change of use or new development (after demolition of existing buildings), will be subject to an application for planning approval under TPS6. The development provisions of TPS6, R-Codes and related Council policies are statutory planning controls designed to ensure that any redevelopment of the subject sites will not adversely affect the amenity of the locality. Development aspects such as building height, setbacks, vehicular access, landscaping, hours of operation, car parking, etc, will be examined at the time of any future development application. Further, EPA noise regulations prescribe acceptable noise levels adjacent to sensitive land uses, such as residential. At the time of consideration of future development applications, any requested variation from TPS6 and relevant Policy development controls which, in the Council s opinion, are likely to adversely affect any neighbouring properties, requires referral to those neighbouring landowners for comment, prior to the Council s determination. The Council may then, at its discretion, allow the variation or require the applicant to amend the proposal, taking into consideration any neighbouring landowner comments. It should be noted that the TPS6 Building Height Limit of 7.0 metres which currently applies to the subject sites is not proposed to be changed and will remain in operation. The 7.0 metre Building Height Limit (ie. two storeys) will therefore continue to apply to both residential and non-residential development. The appropriate setbacks for residential and non-residential development to neighbouring property boundaries will apply under TPS6. Page 21

28 Any overshadowing of neighbouring properties is limited by the orientation of the subject sites with each lot having a narrow frontage on to Canning Highway. Any residential development would need to comply with the overshadowing requirements of the R-Codes and Council policies. Under existing TPS6 provisions, two storey development is permitted. Similarly, under the proposed Amendment, any redevelopment of the subject sites for residential purposes could also have two storeys, with walk-up Multiple Dwellings a likely option. The design and quality of development would need to be considered under the provisions of TPS6 and taking into consideration neighbours amenity, including setbacks from lot boundaries, overshadowing, building height, vehicular access and privacy. As stated above, any variation from the R-Codes regarding any aspect of the development requires Council s discretionary approval and neighbourhood referral and comment. Land Use Compatibility Table 1 of TPS6 (Figure 8, below) provides an overview of the land uses currently permissible within the Residential and the Highway Commercial zones. The Highway Commercial land uses would be compatible with the location of the site and the surrounding context. It should be noted that the uses highlighted in pink would be highly unlikely to occur, however, due to the size of the subject sites (even if amalgamated) and the ability to accommodate these uses, particularly after taking into consideration the TPS6 requirements for provision of landscaping, setbacks and car parking on each site. Such uses are discretionary under TPS6 and Council has power to exercise its discretion to refuse applications if the uses are deemed to be detrimental to neighbours, the streetscape or are inconsistent with the objectives and aims of TPS6 or the LCS. Page 22

29 Residential Zone Single House P Ancillary Accommodation P Grouped Dwelling P Multiple Dwelling X Aged Dependent Persons Dwelling D Aged or Dependent Persons Amenities D Single Bedroom Dwelling D Residential Building DC Student Housing DC Bed and Breakfast DC Home Occupation D Home Office P Café/Restaurant DC Child Day Care Centre DC Cinema/Theatre X Civic Use DC Club Premises X Consulting Rooms DC Convenience Store X Educational Establishment DC Family Day Care DC High Level Residential Aged Care Facility DC Hospital DC Hotel X Indoor Sporting Activities X Light Industry X Industry Service X Local Shop DC Mixed Development D Motor Vehicle and Equipment Hire X Motor Vehicle and Marine Sales Premises X Motor Vehicle Wash X Night Club X Office X Public Parking Station X Public Utility D Radio and Television Installation X Reception Centre X Religious Activities DC Research and Development X Service Station X Shop X Showroom X Take-Away Food Outlet X Tavern X Telecommunications Infrastructure - D Tennis Court (Private) DC Tourist Accommodation X Veterinary Clinic - DC Highway Commercial Zone Single House X Ancillary Accommodation X Grouped Dwelling D Multiple Dwelling D Aged Dependent Persons Dwelling X Aged Dependent Persons Amenities X Single Bedroom Dwelling D Residential Building D Student Housing X Bed and Breakfast DC Home Occupation D Home Office P Café/Restaurant D Child Day Care Centre X Cinema/Theatre DC Civic Use D Club Premises DC Consulting Rooms - DC Convenience Store D Educational Establishment - D Family Day Care X High Level Residential Aged Care Facility X Hospital X Hotel DC Indoor Sporting Activities DC Light Industry DC Industry Service P Local Shop D Mixed Development D Motor Vehicle and Equipment Hire DC Motor Vehicle and Marine Sales Premises DC Motor Vehicle Wash D Night Club DC Office D Public Parking Station DC Public Utility P Radio and Television Installation D Reception Centre DC Religious Activities X Research and Development DC Service Station DC Shop D Showroom D Take-Away Food Outlet DC Tavern DC Telecommunications Infrastructure D Tennis Court (Private) X Tourist Accommodation DC Veterinary Clinic - DC LAND USE PERMISSIBILITY P Permitted use D Discretionary use DC Discretionary use with consultation X Prohibited use LEGEND Land uses potentially permissible which are common to both Residential zone and Highway Commercial zone and could be considered appropriate uses for the subject sites. Land uses which might be considered undesirable for the Highway Commercial Canning Highway/Way Road Centre. However, these uses are highly unlikely to be viable due to limited land area of the subject sites. Land uses which are only associated with the current Residential zone and would be lost if the subject sites were rezoned from Residential to Highway Commercial. NOTE: Uses which are X (Prohibited) in both zones are not listed above. Figure 8. Comparison of land use permissibility between Residential zone and Highway Commercial zone, extracted from Table 1 of TPS6 Page 23

30 6.0 CONCLUSION The subject sites have been used in the past (ie. established over 40 years ago) for nonresidential purposes and it is highly unlikely that the existing buildings would be converted back for residential use due to their commercial land value. The location of the sites provides excellent commercial exposure and accessibility. Furthermore, the sites are situated adjacent to the traffic-light controlled T-junction of Canning Highway and Way Road, which makes the sites less appealing for single dwelling residential living. The proposed Amendment No. 38 to rezone the three sites to Highway Commercial/R80 will bring their zoning into consistency with the City s LCS and would be similar to other Highway Commercial/R80 zoned sites located at key road intersections along Canning Highway. Existing vehicular access to the sites is predominantly from Way Road, except for Lot 46 which has the option of accessing the site via a single crossover from Canning Highway. Additional access points onto Canning Highway would not be encouraged. Rather, continued access from Way Road would be encouraged to avoid conflict with traffic queuing at the traffic lights. As stated in the LCS, any future development or redevelopment of the subject sites would require the refurbishment and/or upgrading of the buildings and landscaping to improve the functionality of the buildings and the streetscape. Future development would be subject to Council approval and the provisions of TPS6 for Highway Commercial/R80 development. The subject sites are situated at a prominent junction and the proposed Highway Commercial/R80 zoning could provide significantly more commercial development options, which could lead to a better built form and development outcome at this location. Maintaining the current Residential R15 zoning would limit the potential of the subject sites, would likely result in status quo and would not reflect the Canning Highway/Way Road Highway Commercial status of the subject sites in the City s adopted Local Commercial Strategy. Page 24

31 AMENDING DOCUMENTS

32 PLANNING AND DEVELOPMENT ACT 2005 CITY OF SOUTH PERTH TOWN PLANNING SCHEME NO. 6 AMENDMENT NO. 38 The Council of the City of South Perth under the powers conferred upon it by the Planning and Development Act 2005, hereby amends the City of South Perth Town Planning Scheme No. 6 by: (i) rezoning Lots 46, 47, 382, and 48 (Nos. 33, 31 and 29) Canning Highway cnr Way Road, South Perth, from Residential with an R15 density coding, to Highway Commercial with R80 density coding; (ii) deleting Item No. 2 relating to Lot 48 (No. 29) Canning Highway NW cnr Way Road, from Schedule 2 Additional Uses ; and (iii) amending the Scheme Zoning Map for Precinct 5 Arlington, accordingly.

33 CITY OF SOUTH PERTH TOWN PLANNING SCHEME NO. 6 AMENDMENT NO. 38

34 ADOPTION ADOPTED by resolution of the Council of the City of South Perth at the Ordinary Council meeting held on 23 October SUE DOHERTY MAYOR A C FREWING CHIEF EXECUTIVE OFFICER FINAL APPROVAL ADOPTED for Final Approval by resolution of the Council of the City of South Perth at the Ordinary Council meeting held on 2012, and the Seal of the City was hereunto affixed by the authority of a resolution of the Council in the presence of: SUE DOHERTY MAYOR A C FREWING CHIEF EXECUTIVE OFFICER Recommended/Submitted for Final Approval Delegated under S.16 of the PD Act 2005 Final Approval Granted Date Minister for Planning Date

4. Recognise the land use and functional requirements of the adjoining local centre on the corner of South Terrace and Wray Avenue.

4. Recognise the land use and functional requirements of the adjoining local centre on the corner of South Terrace and Wray Avenue. D.G.F29 SUFFOLK TO SOUTH STREETS LOCAL AREA OBJECTIVE The objectives of this Policy are to: 1. Ensure that any new development in or adjoining the policy area contributes to the preservation and enhancement

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