What is a Local Planning Scheme?

    A Local Planning Scheme is a legal document that each Local Government must enforce in accordance with State Government requirements. A Local Planning Scheme is basically the ‘rule book’ for property development within a Local Government. Some ‘rules’ are set by the State Government and some are set by the Local Government through the Scheme. 

    The purpose of the City of Mandurah Local Planning Scheme is to:

    • Set out the Local Government’s planning aims and intentions for the Scheme area; 

    • Set aside land as reserves for public purposes and for protection from development; 

    • Zone land within the Scheme area for varying types of development such as; residential, commercial, industrial etc.; 

    • Control and guide development including processes for the preparation of structure plans, activity centre plans and local development plans; and

    • Set out procedures for the assessment and determination of development applications.

    Why do we have a Local Planning Scheme?

    The City of Mandurah is responsible for planning its local community by ensuring appropriate planning controls exist for land use and development.  The City does this by preparing and administering a Local Planning Scheme and Strategy.  Local governments are required to prepare a Local Planning Scheme in accordance with the Planning and Development Act 2005 and the State Government’s Peel Region Scheme.

    What is a Local Planning Strategy?

    A Local Planning Strategy is a high-level strategic document that forms the basis of the Local Planning Scheme. The Strategy provides the detail and the reasoning behind the planning controls that the Local Planning Scheme puts in place. This document can be useful to understand what the vision is for the future growth and development of Mandurah. 

    It provides the interface between State and regional policies, strategies and strategic development initiatives and local planning. The strategy includes elements of the State Planning Framework and indicates how the City of Mandurah will contribute to meeting the State’s population targets.

    The Local Planning Strategy is aligned with the Council’s Strategic Community Plan 2017-2037 and ensures that the activities and services that the city delivers are prioritised in line with the expectations and aspirations of the community.

    What is the relationship between the Local Planning Scheme and the Local Planning Strategy?

    The Local Planning Scheme is the statutory document thatimplements the objectives of the Local Planning Strategy. The Local Planning Strategy details the background and rationale for proposed zones, density and land use controls introduced in draft Local Planning Scheme No12

    Under the Planning and Development (Local Planning Schemes) Regulations 2015, a Local Planning Strategy is an essential component of the development and delivery of a Local Planning Scheme.

    Why does the City of Mandurah need a new Scheme and Strategy?

    It is a State Planning requirement that each local government in Western Australia has a Local Planning Scheme and a Local Planning Strategy. 

    The Planning and Development (Local Planning Schemes) Regulations 2015 require Local Governments to review their Local Planning Schemes every five years. The current Town Planning Scheme No 3 was brought into use in July 1999 and is presently 20 years old. While it has been amended and updated numerous times, draft Local Planning Scheme No 12 represents a more comprehensive review of the current Scheme, to bring it into line with updated planning regulations.

    How will the Local Planning Strategy affect my property?

    The Local Planning Strategy does not specify changes to individual properties. The recommendations of the Strategy inform the development of the Local Planning Scheme, which will provide more detailed planning and development guidance at an individual property level. 

    Key directions set by the Local Planning Strategy include:

    • accommodating projected increases in population through increasing the density and diversity of housing in and around activity centres, particularly Central Mandurah;

    • creating a vibrant city centre by focusing further retail and commercial activity within Central Mandurah, that along with targeted economic development interventions will foster the development of a mature local economy;

    • managing the City’s sensitive environments in a sustainable manner that will ensure development is sympathetic to the environmental values of the region;

    • protecting key tourism sites and precincts to ensure an ongoing tourism function in Mandurah, as well as providing for flexibility to allow for tourism uses within various locations where appropriate.

    How was Central Mandurah identified for future growth?

    Central Mandurah is identified as a Strategic Metropolitan Centre by the State Government. These are the main regional activity centres outside of Perth. Central Mandurah is identified in the Local Planning Strategy and draft Scheme 12 for future growth, to help achieve population targets through infill development. Central Mandurah was identified based on the planning principle of locating people close to centres of activity and public transport. It is important to note that growth areas are not intended to be exclusively residential – the general mixed-use nature of centre development, encouraged by the current planning framework, will continue.

    Why do we need more housing?

    Western Australia’s population is growing and to ensure that growth is sustainable and appropriately planned for, infill is required. The Local Planning Strategy sets out a targeted approach to residential development through future growth areas. These locations are identified as areas which would potentially benefit from an increased residential population. Growth will be different depending on current density, character of the area and ability to achieve good built environment outcomes.

    What is infill?

    Infill is a term used in relation to development that occurs within existing urban areas. Allowing for development on vacant or underused land within urban areas (through the increase in densities) will ensure that future growth can be accommodated and the region’s significant environmental attributes can be protected from further urban sprawl. The intention is to create a liveable, vibrant community where people can live close to where they work, where children can be educated close to home, where people can meet their retail, sporting, medical and recreational needs close to where they live and have access to nature.

    What are the key changes being made within Local Planning Scheme 12?

    Few changes are occurring in the proposed draft Local Planning Scheme No 12 as these documents are consolidating and updating the already existing planning framework that is currently in place. If a property is impacted by a zoning change the land owner will be directly contacted, informed of such impacts, and be given an opportunity to provide comments to the City on the proposed changes. 

    The City of Mandurah has previously had many policies, precinct plans and strategies in place as separate documents. The new Scheme and Strategy aims to bring these documents together to ensure better working practices and planning outcomes.

    Whilst there have been significant changes to the format of the local planning scheme due to the requirements of the Planning and Development (Local Planning Schemes) Regulations 2015, most reserves, zones and land uses from the current Town Planning Scheme No 3 have been carried across to draft Local Planning Scheme No 3.  Some key changes that have been proposed within draft Local Planning Scheme No. 12 include:

    • A reduction in land zoned ‘Urban Development’ due to many subdivisions now being completed. The land has been rezoned to the specific density/use previously identified within approved structure plans;

    • Consolidation of the central Mandurah area precinct plan zones into one ‘Centre’ zone;

    • Application of the ‘Centre’ zone to identified activity centres (Falcon, Halls Head and Lakelands);

    • The removal of the ‘Canal’ zone with all residential canal properties being included within the ‘residential’ zone;

    • The re-designation of ‘rural’ land into one of three zones; Rural Residential (Minimum lot size 5ha); Rural Smallholdings (Minimum lot size 10ha); and Rural;

    • The application of a threshold for the application of tree removals in tree preservation areas to reduce the need for approvals in certain circumstances;

    • The introduction of a new provision linking the identification of Flood Hazard Areas by the Department of Water to ensure the provisions of the relevant Australian Standard and Building Code of Australia can apply to the construction of new dwellings; and 

    • New provisions formalising the City’s significant tree register under the Scheme.

    Where can I get more information?

    Copies of the draft Local Planning Strategy and draft Local Planning Scheme No. 12 can be viewed at the following locations:

    • The City’s Administration Centre, during business hours; or

    • Online at Mandurah Matters website at https://www.mandurahmatters.com.au

    If you would like any further information, including specifics on how the draft Local Planning Scheme and Strategy may affect your property, you are encouraged to contact Planning Services on 9550 3748 or email planning@mandurah.wa.gov.au to arrange a time to speak with a planning officer.

    How long is the draft Local Planning Strategy and Local Planning Scheme 12 being advertised for?

    Draft Local Planning Scheme No 12 and Strategy is required to be advertised for a minimum of 90 days. The City will undergo this advertising process from 1 November 2019 to 28 February 2020. 

    Submissions must be received by 5pm, Friday 28 February 2020.

    How do I make a submission?

    Submissions on draft Local Planning Scheme must be made in writing, and sent to:

    City of Mandurah

    PO Box 210

    MANDURAH WA 6210.

    Alternatively, a submission can be made via email to planning@mandurah.wa.gov.au.

    Your submission must include the following information as required by the Planning and Development (Local Planning Schemes) Regulations 2015:

    • The name and address of the person making the submission; and

    • A statement about the capacity in which you are making a submission (i.e. landowner, resident, business owner, business tenant etc.) 

    Anonymous submissions, or those that are missing this information, cannot be considered under the Planning and Development (Local Planning Schemes) Regulations 2015.

    You are encouraged to include an email address in the submission, which will assist the City in providing periodic updates on draft Local Planning Scheme No. 12 after the end of public advertising.

    Is my submission confidential?

    No. Submissions are not confidential and for a submission to be considered valid a name and address must be included. 

    A Schedule of all Submissions, including name and address details of submitters and submission text (summarised for long submissions), must be referred to Council along with draft Local Planning Scheme No. 12 after public advertising. The Schedule of Submissions and copies of the full submissions are required to be provided to the Western Australian Planning Commission after Council makes a decision on the Scheme. The City will redact email and telephone numbers from copies of full submissions forwarded to the Western Australian Planning Commission.

    What happens with my submission after advertising?

    The City will review each submission against planning considerations, and include them in a Schedule of Submissions that will be attached to the Council report, and subsequently provided to the Western Australian Planning Commission. Long submissions will be summarised in the Schedule of Submissions. The City will also make a recommendation to Council on each submission, which may include noting aspects of the submission, responding to comments or issues raised, and identifying any relevant modifications to draft Local Planning Scheme No. 12. 

    In accordance with the Planning and Development (Local Planning Schemes) Regulations 2015, Council will then consider the recommendations in the report and resolve – 

    1. to support draft Local Planning Scheme No. 12 without modifications; or

    2. to support draft Local Planning Scheme No. 12 with proposed modifications to address issues raised in the submissions; or

    3. not to support draft Local Planning Scheme No. 12. 

    The Schedule of Submissions and copies of each full submission will then be forwarded to the Western Australian Planning Commission for consideration and recommendation to the Minister for Planning.

    How do I stay informed on the process of draft Local Planning Scheme 12?

    Once you have made a submission, the City will contact you periodically with updates on the draft Local Planning Scheme No 12 process, generally when key milestones are reached. To facilitate this process, you are encouraged to include an email address with your submission. 

    If you do not wish to make a submission but would like to stay informed, you can continue to visit the Have your Say page for updates.

    When will Local Planning Scheme 12 take effect?

    The final Local Planning Scheme No. 12 will come into operation when the Minister for Planning approves the Scheme and it is published in the Government Gazette. On that day, Town Planning Scheme No. 3 is revoked and Local Planning Scheme No. 12 becomes operational.