Dalkeith Special Control Area

Background

In 2007, the City began preparing new development provisions for Waratah Avenue. This resulted in Council initiating changes to its Town Planning Scheme No. 2 in 2010. These changes were known formally as Amendment No. 192 and the provisions focused only on commercial properties along Waratah Avenue (refer map in related link).

Council adopted version

After Council initiated Amendment No. 192 to its Town Planning Scheme No. 2 the proposed changes were subject to public comment. Following the public comment period, Council adopted Amendment No. 192 in 2011.

The Council adopted version restricted height to three storeys and 12.5 metres for all five precincts included in Amendment No. 192.

Re-advertising Amendment No. 192

In 2011, the Western Australian Planning Commission acting on the instruction of the Minister of Planning ordered the City to re-advertise the following:

• Increasing maximum building height to four storeys and 16.5 metres (for precincts 1, 2 and 3 only).
• Changes to the proposed building envelopes to ensure that appropriate setbacks are imposed (for precincts 1, 2 and 3 only).
• Changes to the allowed building uses so that:
  • Grouped Dwellings and Multiple Dwellings are permitted uses; and
  • Amusement Parlour and Small Bar are uses that are not permitted unless Council exercises its discretion after giving special notice.
• Changes to the wording of the amendment to:
  • Allow increased flexibility in the positioning of laneways on the lots at the above addresses when redeveloping
  • Vary the Council’s ability to exercise discretion on development controls at the redevelopment stage
  • Reducing the minimum area of three bedroom dwellings from 150m2 to 120m2.

The City re-advertised the changes and forwarded the submissions from the community to the Western Australian Planning Commission.

Ministerial approval of modified Amendment No. 192

In 2012, the City was informed that the Minister of Planning had granted final approval to the modified version of Amendment No. 192.

The City was advised that in accordance with the Planning and Development Act 2005 and the Town Planning Regulations 1967, it was responsible for making arrangements to have the final approved version of Amendment No. 192 published in the Government Gazette and advertised to the wider community.

Gazettal of Amendment No. 192

The State Law Publisher published the final approved version of Amendment No. 192 in a special edition of the Government Gazette on 5 April 2012.

This means that the process of changing the Town Planning Scheme No. 2 has been completed. New development proposals will now be subject to the provisions that were granted final approval by the Minister for Planning.

Viewing the final approved Amendment No. 192 documentation

Interested people are invited to view the final approved Amendment No. 192 documentation:

• By clicking on ‘Amendment No. 192 – Gazetted version’ under Related Links on this page; or
• By visiting the front counter at the City’s Administration Centre at 71 Stirling Highway, Nedlands.

Section responsibility

Strategic Planning Team