City of
Cockburn
TOWN PLANNING SCHEME NO. 3
AMENDMENT NO. 97
September 2012
PLANNING AND DEVELOPMENT ACT, 2005
RESOLUTION TO AMEND A TOWN PLANNING SCHEME
CITY OF COCKBURN
TOWN PLANNING SCHEME NO 3
AMENDMENT NO. 97
RESOLVED, in pursuance of Section 75 of the Planning and Development Act
2005 (“Act”), initiate an amendment to the City of Cockburn Town Planning
Scheme No. 3 (“Scheme”) for the purposes of:
1. Providing additional clarification as to the methodology of the calculation
for development contributions for Development Contribution Plan 13 into
Schedule 12 as follows (additional wording shown in bold text):
Method for
calculating
contributions
The City's Plan for the District identifies the needs that impact on
the Development Contribution Plan. The contributions outlined in
this plan have been derived based on the need for the facilities
generated by the additional development in the Development
Contribution Plan. This calculation excludes the demand for a
facility that is generated by the current population in existing
dwellings.
Contributions shall be calculated on the basis of the number of new
lots and/or dwellings created. Existing dwellings on a lot or lots to
be subdivided or developed will be exempt from the contribution.
Land required for public roads, public open space, drainage and
other uses not including residential development will not be
assessable. Where a lot may have further subdivisional potential,
for example as a grouped dwelling site, contributions will be sought
at the next development approval stage where additional dwellings
or lots are created.
Contributions applying to development of aged or dependant
persons dwellings or single bedroom dwellings shall be calculated
on the number of dwelling units permitted prior to the application of
the variations permissible under clause 6.1.3.A3.1 of State Planning
Policy Residential Design Codes.
Notwithstanding the definition of ‘lot’ listed in Schedule 1, for
the purposes of calculating cost contribution liability within
DCA13, the term lot will be inclusive of green title, survey
strata and built strata subdivisions.
2. note as the amendment is in the opinion of Council consistent with
Regulation 25(2) of the Town Planning Regulations 1967 (“Regulations”),
the amendment be referred to the Environmental Protection Authority
(“EPA”) as required by Section 81 of the Act, and on receipt of a response
from the EPA indicating that the amendment is not subject to formal
environmental assessment, be advertised for a period of 42 days in
accordance with the Regulations.
Dated this 13th day of September 2012
________________________
CHIEF EXECUTIVE OFFICER
FILE NO. 93097
REPORT
1.
LOCAL AUTHORITY
City of Cockburn
2.
DESCRIPTION OF TOWN
PLANNING SCHEME:
Town Planning Scheme No. 3
3.
TYPE OF SCHEME:
District Zoning Scheme
4.
SERIAL NO. OF AMENDMENT:
Amendment No. 97
5.
PROPOSAL:
Insertion of additional wording to
introduce clarity to the Town Planning
Scheme wording, in particular the
methodology described for Development
Contribution Plan (DCP)13 within
Schedule 12.
AMENDMENT REPORT
1.0 Introduction
The purpose of this amendment is to insert additional wording to introduce clarity
to the existing Town Planning Scheme wording, in particular the methodology
described for Development Contribution Plan (DCP)13 within Schedule 12.
2.0 Background:
Development Contribution Plan 13 (‘DCP13’)was included in the City’s Town
Planning Scheme No. 3 via Amendment No. 81, gazetted in August 2011 and
relates to community infrastructure.
Community infrastructure is the land, structures and facilities which help
communities and neighbourhoods function effectively. This includes facilities
such as sporting and recreational facilities, community centres, child care and
after care centres, libraries and cultural facilities. They are often highly valued by
their communities and add greatly to the overall quality of life by providing
opportunities for physical activity and social interaction.
It is widely accepted that the use of community facilities has a direct correlation to
the number of people using them. This is clear in the intent and basis of the
relevant State Planning Policy 3.6 Development Contributions for Infrastructure
as well as the City’s DCP13.
What has also become clear with some applicants, being quite a complicated
matter, is that they require some further clarity in the wording of Council’s Town
Planning Scheme to ensure they understand the intent behind DCP13 and their
cost contribution liability is as clear to them as possible.
3.0
Proposal
To introduce clarity to the Town Planning Scheme wording, in particular the
methodology described for DCP13 within Schedule 12, some additional wording
is recommended as follows (shown in bold text):
Method for
calculating
contributions
The City's Plan for the District identifies the needs that impact on
the Development Contribution Plan. The contributions outlined in
this plan have been derived based on the need for the facilities
generated by the additional development in the Development
Contribution Plan. This calculation excludes the demand for a
facility that is generated by the current population in existing
dwellings.
Contributions shall be calculated on the basis of the number of new
lots and/or dwellings created. Existing dwellings on a lot or lots to
be subdivided or developed will be exempt from the contribution.
Land required for public roads, public open space, drainage and
other uses not including residential development will not be
assessable. Where a lot may have further subdivisional potential,
for example as a grouped dwelling site, contributions will be sought
at the next development approval stage where additional dwellings
or lots are created.
Contributions applying to development of aged or dependant
persons dwellings or single bedroom dwellings shall be calculated
on the number of dwelling units permitted prior to the application of
the variations permissible under clause 6.1.3.A3.1 of State Planning
Policy Residential Design Codes.
Notwithstanding the definition of ‘lot’ listed in Schedule 1, for
the purposes of calculating cost contribution liability within
DCA13, the term lot will be inclusive of green title, survey
strata and built strata subdivisions.
The first insertion at paragraph two ensures even if the sentence is read in
isolation, rather than the context of the whole paragraph it is clear either lots or
dwellings are used in the calculation of the cost contribution liability.
The insertion at the end of the table section clarifies the use of the term ‘lot’ is
inclusive of stratas and green titles. This again is consistent with the intent of
both the SPP and Section 6.3 of the scheme which discusses development
contributions more broadly. It also rectifies a potential concern with the definition
of the term ‘lot’ within Schedule 1 which specifically excludes stratas.
5.0
Conclusion
The proposed changes should be introduced to enable further clarity in the
wording of Council’s Town Planning Scheme to ensure all developers and
landowners understand the intent behind DCP13 and their cost contribution
liability is as clear to them as possible.
PLANNING AND DEVELOPMENT ACT, 2005
CITY OF COCKBURN
TOWN PLANNING SCHEME NO 3
AMENDMENT NO. 97
The City of Cockburn under and by virtue of the powers conferred upon it by the
Planning and Development Act 2005, hereby amend the above Town Planning
Scheme for the purposes of:
1. Providing additional clarification as to the methodology of the calculation
for development contributions for Development Contribution Plan 13 into
Schedule 12 as follows (additional wording shown in bold text):
Method for
calculating
contributions
The City's Plan for the District identifies the needs that impact on
the Development Contribution Plan. The contributions outlined in
this plan have been derived based on the need for the facilities
generated by the additional development in the Development
Contribution Plan. This calculation excludes the demand for a
facility that is generated by the current population in existing
dwellings.
Contributions shall be calculated on the basis of the number of new
lots and/or dwellings created. Existing dwellings on a lot or lots to
be subdivided or developed will be exempt from the contribution.
Land required for public roads, public open space, drainage and
other uses not including residential development will not be
assessable. Where a lot may have further subdivisional potential,
for example as a grouped dwelling site, contributions will be sought
at the next development approval stage where additional dwellings
or lots are created.
Contributions applying to development of aged or dependant
persons dwellings or single bedroom dwellings shall be calculated
on the number of dwelling units permitted prior to the application of
the variations permissible under clause 6.1.3.A3.1 of State Planning
Policy Residential Design Codes.
Notwithstanding the definition of ‘lot’ listed in Schedule 1, for
the purposes of calculating cost contribution liability within
DCA13, the term lot will be inclusive of green title, survey
strata and built strata subdivisions.
ADOPTION
Adopted by resolution of the Council of the City of Cockburn at the ordinary
meeting of the Council held on 13th day of September 2012.
______________________________
MAYOR
______________________________
CHIEF EXECUTIVE OFFICER
FINAL APPROVAL
Adopted for final approval by resolution of the City of Cockburn at the
Meeting of the Council held on the ......... day of ............ 2012, and the Common
Seal of the City of Cockburn was hereunto affixed by the authority of a resolution
of the Council in the presence of:
........................................................
MAYOR
(Seal)
........................................................
CHIEF EXECUTIVE OFFICER
Recommended/Submitted for Final Approval
........................................................
DELEGATED UNDER S.16 PLANNING
AND DEVELOPMENT ACT 2005
DATE...............................................
Final Approval Granted
.........................................................
MINISTER FOR PLANNING
DATE.................................................