13 Baxter Way, Padbury – Three New Grouped Dwellings


The City has received a copy of a planning application for three grouped dwellings at the above address.

A copy of the development plans can be viewed below.

The application has been submitted by the Department of Communities, as the proposal constitutes a “public work”. As such the City of Joondalup is not the decision-making authority for the application. Instead, the Department of Communities is responsible for issuing the planning decision, as it has delegated authority to determine applications under the Metropolitan Region Scheme where such applications comply with the Council’s Town Planning Scheme and propose the construction of no more than 10 dwellings of a height of two storeys or less.

The City’s role is to assess the application against the City’s local planning scheme, State Planning Policy 7.3 Residential Design Codes Volume 1 and the City’s Residential Development Local Planning Policy (RDLPP), and to provide comments and a recommendation to the Department of Communities. The Department of Communities will then take the City’s comments and recommendation(s) into account as part of its assessment and in making its decision on the application.

Residential development in the City of Joondalup is required to meet the requirements of the Residential Design Codes of Western Australia (R-Codes) and the City’s Residential Development Local Planning Policy. Both are divided up into different ‘design elements’ (for example; site area, street setbacks, street walls and fences, open space, building height, parking, landscaping).

For all ‘design elements’, there are objectives that need to be met. There are two different ways that can be used to assess if the objectives are being met – known as ‘deemed-to-comply standards’ and ‘design principles’.

If the proposal meets the deemed-to-comply standards, it is automatically considered to meet the objective and should be approved in accordance with the requirements of the R-Codes.

Where the deemed-to-comply standards are not met, this does not necessarily mean that the proposal does not meet the objective. Instead, the City needs to exercise some judgement (referred to as ‘discretion’) in considering whether the proposal meets the design principles, which may result in a better built form outcome than a proposal which has met the ‘deemed-to-comply’ requirements.

In this circumstance the applicant is seeking discretion with regards to the following design elements:

  • Visitor parking (RDLPP)
  • Open space (unit 2)
  • Fill greater than 0.5 metres within one metre of a lot boundary
  • Setback of retaining walls from the eastern lot boundary.

Should you wish to provide a submission on the proposal, you may do so as a written comment, by Monday 22 February 2021.

Submissions can be made via the online Planning Consultation Submission Form below, via email or via post to PO Box 21, Joondalup WA 6919.

Submissions will be forwarded to the Department of Communities to form part of the overall decision-making process.