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Changes to Development within Housing Opportunity Areas

Background

Housing Opportunity Areas are the 10 areas identified in the City of Joondalup’s Local Housing Strategy and the City’s Local Planning Scheme No 3 as appropriate areas for increased residential density.

Since implementation of the Local Housing Strategy began in early 2016, landowners in Housing Opportunity Areas have been able to redevelop their properties in line with the higher densities allocated.

However, changes made to the State Government’s Residential Design Codes to remove average site areas for multiple dwellings and a lack of State Government support for a City of Joondalup initiative to restrict the development of multiple dwellings to sites 2,000 square metres or larger, have resulted in development outcomes in the Housing Opportunity Areas that were not originally envisaged by the City. Some residents are also concerned about the type of development currently occurring in Housing Opportunity Areas and called on the City to review how infill development is managed.

The City responded to these concerns by developing draft new development standards for housing opportunity areas consisting of a local planning policy and an amendment to the City’s Local Planning Scheme No. 3. The draft new standards were considered by the Council at its meeting on 20 August 2019 and extensive community consultation was then undertaken on the draft proposals.

Following extensive community consultation, the Joondalup Council endorsed draft new development standards for Housing Opportunity Areas at a Special Meeting of Council held on 24 March 2020 (JSC02-03/20 refers). The draft new development standards were contained in both a local planning policy (LPP) and in a scheme amendment (Amendment No. 5).

Following Council’s endorsement of the LPP and Amendment No. 5, the documents were sent to the State Government’s Western Australian Planning Commission (WAPC). The WAPC makes the decision on the LPP and makes a recommendation on Amendment No. 5 to the Minister for Planning. The Minister is responsible for approving the amendment.

The main reasons that both a LPP and a scheme amendment were progressed (instead of just a LPP) were that:

  1. Some standards need to be contained in the planning scheme to help the City make recommendations on subdivisions, before planning applications for the buildings are received
  2. Standards contained in the planning scheme generally hold more weight when the City makes decisions on planning applications or defends any decisions in the State Administrative Tribunal.

It was always understood that the WAPC may not support the inclusion of all development standards in the planning scheme, given that some standards are better suited for inclusion in a LPP. However, for the reasons mentioned above, the City included all development standards in both the LPP and Amendment No. 5, hoping that as many standards as possible would find their way into the planning scheme.

Since forwarding the documents to the WAPC, the City has had regular contact with the State Government’s Department of Planning, Lands and Heritage asking that the matter be progressed as quickly as possible and strongly encouraging them to support the development standards endorsed by Council. When the WAPC considered the matter on 27 October 2020, senior City staff made a deputation to the WAPC, urging the WAPC support the standards endorsed by the Council. The Mayor of the City of Joondalup has also written to the Minister for Planning, advocating for the same.

On Thursday 10 December 2020, the Minister for Planning announced her decision, via a media statement, on Amendment No. 5 to the City’s Local Planning Scheme No. 3 (LPS3). The City received correspondence from the WAPC on Friday 11 December 2020, advising of the Minister’s decision. It is important to note that the Minister has made her decision on Amendment No. 5 only. It is understood that the WAPC will make a decision on the LPP early next year.

Most of the development standards have been removed from Amendment No. 5, including height, setbacks, parking, trees and landscaping. Amendment No. 5, which has been substantially pared back from the version adopted by Council, now only contains standards relating to lot frontage, moderation of multiple dwellings (apartments) and solar access. A table is provided below, which shows the comparison between the standards endorsed by Council and the standards approved by the Minister:

AMENDMENT ENDORSED BY COUNCIL AMENDMENT APPROVED BY MINISTER IMPLICATIONS
Lot frontage

(minimum)

 9 metres (all dwellings) 9 metres (single/grouped dwellings) Many lots are between 18 – 20 metres wide. A minimum frontage of 9 metres will allow more side-by-side subdivision, instead of ‘battle-axe’ development (currently the only option for lots under 18 metres wide).
7.5 metres (lots with rear lane access) – would apply mainly to Sorrento laneway lots Standard was deleted 7.5 metre frontage was originally proposed to provide better interaction with the street and avoid garages/crossovers dominating the streetscape on narrower lot frontages.
Standard not included 20 metres (multiple dwellings) Would restrict development of multiple dwellings (apartments) in cul-de-sacs, unless lots were amalgamated – could encourage lot amalgamation.
Standard not included 6 metres (corner lots – rear vehicle access) 6 metre frontage generally not supported by community during consultation – removed from Council’s endorsed version of amendment.
Moderation of multiple dwellings (apartments) For multiple dwellings in all areas:

Limit the number of multiple dwellings that can be built on a lot by applying an average site area per dwelling, unless the lot is located:

  • Within 800 metre walkable catchment of a strategic metropolitan, secondary, district or specialised activity centre or railway station; and
  • On a busier road (classified as a local distributor or above, as determined by the City).
 For multiple dwellings in R20/60 areas:

  • No average site area applies.
 The standards limiting the number of multiple dwellings on a lot will apply to fewer lots than the standards endorsed by Council.

Council’s version was significantly more restrictive.
For multiple dwellings in R20/40 areas:

Limit the number of multiple dwellings that can be built on a lot by applying an average site area per dwelling, unless the lot:

  • has primary street frontage to a busier road (with scheme reservation classification of Local Distributor Road or Other Regional Road); or
  • Is located within 800m walkable catchment of a strategic metropolitan, secondary or specialised activity centre or railway station; or
  • is located within 400m walkable catchment of a district activity centre.
Solar access More stringent development standards relating to overshadowing of adjoining properties As per amendment endorsed by Council More restrictive than current requirements.

The City was required to modify the Amendment No. 5 documents to comply with the Minister’s decision. The documents were subsequently modified and returned to the Western Australian Planning Commission.

The Minister for Planning has now formally approved Amendment No. 5 as outlined above, and the amendment came into effect on 29 January 2021 when a notice was published in the Government Gazette (see document below).

The location criteria outlined in the table above is shown on the Multiple Dwelling Site Area Restriction maps which can assessed online.

In regard to the draft Development in Housing Opportunity Areas Local Planning Policy, the Statutory Planning Committee (SPC) of the Western Australian Planning Commission considered the draft Development in Housing Opportunity Areas Local Planning Policy at its meeting dated 16 February 2021.

The SPC approved the policy, subject to modifications. A summary of the key modifications and their implications is provided below:

Setbacks

Policy endorsed by Council Policy approved by SPC Implications
Side setback Ground floor 1.5m (single/grouped)

2.0m (multiple)

 1.0m Under the SPC-approved version of the policy, buildings will be able to be located closer to side and rear boundaries.
Upper floor 3.0m 2.0m
Rear setback Ground floor 3.0m 1.0m
Upper floor 3.0m (R20/25 – R20/30)

6.0m (R20/40 – R20/60)

 2.0m

Visitor parking

Policy endorsed by Council Policy approved by SPC Implications
Visitor parking Single/grouped dwellings 0.5 bays per dwelling 1 bay per 4 dwellings The SPC-approved version of the policy reverts to the visitor parking ratios of the R-Codes, which means less visitor parking is required.
Multiple dwellings 0.5 bays per dwelling 1 bay per 4 dwellings (up to 12 dwellings);

1 bay per 8 dwelling (for 13th dwelling and above)

Landscape area

Policy endorsed by Council Policy approved by SPC Implications
Amount of landscape area 0 – 300m2 20% 20% The SPC-approved version of the policy requires less landscape area to be provided on larger sites.

The SPC-approved version of the policy allows narrower strips of landscaping to be counted toward the overall provision of landscape area for a site.
301 – 400m2 25%
401 – 500m2 30%
> 500m2 35%
Minimum dimension 2.0m 1.5m

Current Status

At its meeting dated 16 March 2021, Council resolved the following in relation to the Development in Housing Opportunity Areas Local Planning Policy:

  1. NOTES the changes to the Development in Housing Opportunity Areas Local Planning Policy (HOALPP) resulting from the Western Australian Planning Commission’s decision on the HOALPP and the Minister for Planning’s decision on associated Scheme Amendment No. 5, as outlined in Attachment 3 to Report CJ023-03/21;
  2. AGREES to formally implement the modified Development in Housing Opportunity Areas Local Planning Policy as detailed in Attachment 3 to Report CJ023-03/21 from 2 July 2021;
  3. AGREES to the transitional arrangements for introduction of the Development in Housing Opportunity Areas Local Planning Policy as outlined in Report CJ023-03/21;
  4. NOTES that further approval of the Development in Housing Opportunity Areas Local Planning Policy may be required from the Western Australian Planning Commission following finalisation of the draft Medium Density Codes;
  5. NOTES that the revised Residential Development Local Planning Policy will come into operation on the same date as the Development in Housing Opportunity Areas Local Planning Policy;
  6. AGREES that any further strategic review of the Housing Opportunity Areas, including the establishment of any Community Reference Group, will be undertaken in accordance with a review of the City’s Local Planning Strategy, currently scheduled to commence in the 2022-23 financial year.

A copy of the full report and Council decision is available on the City’s website.

At the May 2021 meeting, Council agreed to bring forward the review of the housing component of the City’s Local Planning Strategy to commence in the 2021/22 financial year, in response to ongoing concern from some community members regarding the impact of infill housing. This project will undertake a comprehensive review of the housing component of the City’s current Local Planning Strategy, inclusive of Housing Opportunity Areas and development policies related to Housing Opportunity Areas.

Further information about the review can be accessed at the following link – Building sustainable neighbourhoods

Pesticide Use Notification – Locations Map and Schedule

Please select a week below.

 

The City undertakes an integrated weed management approach which includes the use of APVMA approved herbicides  to control weed infestation within its parks/reserves, natural areas (bushland), streetscapes, road reserves, along kerbs and footpaths.

Works will be conducted by City officers and appointed licensed contractors. Vehicle-mounted signage and site signage will be in place (where practicable).

Herbicide application will be undertaken in the following areas (and may include surrounding hardstand areas and verges, tree wells, medians, kerbs and/or footpaths) weather and operational resources permitting.

Maps will be updated by close of business each Friday detailing the following week’s herbicide applications.

For further information contact the City on 9400 4255.

Locality maps

Title
Beldon Locality Map
Burns Beach Locality Map
Connolly Locality Map
Craigie Locality Map
Currambine Locality Map
Duncraig North Locality Map
Duncraig South Locality Map
Edgewater Locality Map
Greenwood Locality Map
Heathridge Locality Map
Hillarys Locality Map
Iluka Locality Map
Joondalup City Centre Locality Map
Joondalup Locality Map
Kallaroo Locality Map
Kingsley Locality Map
Kinross Locality Map
Marmion Locality Map
Mullaloo Locality Map
Ocean Reef Locality Map
Padbury Locality Map
Sorrento Locality Map
Warwick Locality Map
Woodvale Locality Map

Scheme maps

Title
Scheme Map - Beldon
Scheme Map - Burns Beach
Scheme Map - Connolly
Scheme Map - Craigie
Scheme Map - Currambine
Scheme Map - Duncraig north
Scheme Map - Duncraig south
Scheme Map - Edgewater
Scheme Map - Greenwood
Scheme Map - Heathridge
Scheme Map - Hillarys
Scheme Map - Iluka
Scheme Map - Joondalup City
Scheme Map - Joondalup Residential
Scheme Map - Kallaroo
Scheme Map - Kingsley
Scheme Map - Kinross
Scheme Map - Marmion
Scheme Map - Mullaloo
Scheme Map - Ocean Reef
Scheme Map - Padbury
Scheme Map - Sorrento
Scheme Map - Warwick
Scheme Map - Woodvale

Online maps – Intramaps

Online maps – Intramaps

Local planning scheme

Local Planning Scheme

The City’s local planning scheme is Local Planning Scheme No. 3, often known as LPS3.

LPS3 classifies land into zones, and outlines how land within those zones may be used and developed.

All local planning schemes in WA contain ‘deemed provisions’ that outline uniform processes and procedures. The ‘deemed provisions’, which are mandated by State legislation, cannot be altered or varied.

LPS3 provides the basis for how land may be used and developed in the City.

This includes:

  • The zoning of your property and types of land uses that may be allowed to operate from a site.
  • The residential density code that applies to your property, which prescribes how many dwellings can be developed.
  • The requirements to obtain development (planning) approval for development.

View the scheme maps

Local planning scheme amendments

A scheme amendment is the process of changing part of a local planning scheme. The City’s Local planning scheme is Local Planning Scheme No. 3 (LPS3).

Scheme amendments occur for a variety of reasons. Some of these reasons include:

  • A change in zoning to accommodate appropriate development.
  • A change in the wording of LPS3 to ensure the planning scheme functions effectively.
  • To implement the strategic vision of the Local Planning Strategy.
  • To ensure orderly and proper planning of the local government area.

Scheme amendments may be initiated by the City, or by an external person. The process should not be seen as a means of circumventing the existing requirements and appropriate planning justification must be submitted with a scheme amendment application.

An application fee is also applicable for scheme amendments initiated by external persons, based on the complexity of the proposal.

Rezoning or changing the residential density (R-Code) of a property

To change the zoning (rezone) of a property requires you to apply for a scheme amendment. An example of a rezoning is changing a site with a zone of ‘Mixed Use’ to ‘Commercial’.

Applications to change the residential density (the number of houses that can be built on a property) is known as recoding. These also require a scheme amendment.

The City generally does not support ad-hoc rezonings or recodings that are not in alignment with the City of Joondalup’s Local Planning Strategy.

Given the complexity of the scheme amendment process, it is recommended that a planning consultant is engaged to provide advice, and prepare an application if appropriate.

Planning in coastal hazard areas

State Planning Policy 2.6 State Coastal Planning requires local governments to identify coastal hazard areas and to inform future and current property owners in coastal hazard areas of the risk.

A coastal hazard assessment undertaken for the City’s coastline has identified that some areas may become susceptible to coastal erosion within the next 100 years. In the short term this may include beaches and associated infrastructure such as access ways and dune fencing. In the long term (greater than 50 years) additional infrastructure such as car parks, some City owned buildings within coastal foreshore areas and some private property may potentially be at risk from severe storm erosion.

Coastal hazard areas for 50 year and 100 year timeframes can be viewed by downloading the Coastal Hazard Maps. Coastal hazard areas have been identified using the methodology prescribed in State Planning Policy 2.6 and does not take into account future adaptation actions the City may take.

State Planning Policy 2.6 prescribes the following requirements for planning and development in coastal hazard areas:

  • If a planning or development application is submitted for a lot located in a coastal hazard area then a notification on the certificate of title will be required as a condition of approval
  • Coastal hazard risk management and adaptation planning needs to be undertaken prior to subdivision of undeveloped land.

All coastal local governments in Western Australia are required to implement State Planning Policy 2.6.

For further information on the implications of State Planning Policy 2.6 for property owners in coastal hazard areas please see the Coastal Vulnerability and Affected Private Property – Frequently Asked Questions and the City’s Coastal Local Planning Policy.

Property information and street numbering

Property boundaries

The City’s online maps service provides a range of property information, including property dimensions and land size, however should not be relied on to determine the exact location of your boundary.

To determine the exact location of your property boundary, width of your verge, or whether your fence is in the correct position, you will need to engage the services of a qualified land surveyor.

Street numbering

The City is responsible for allocating street numbers, and will allocate appropriate street numbers to newly created properties on approval of the survey plan, or upon request. All requests are to be made in writing via email.

The City will not entertain requests to change allocated street numbers due to personal preferences or a number being considered unlucky.

Coastal vulnerability

The City of Joondalup coastline is highly valued by residents and visitors. The City has been undertaking work to better understand potential future impacts of climate change, such as erosion and storm surges, on the coast.

A coastal hazard assessment has been undertaken in 2016 for the City’s coastline to identify areas that may become vulnerable to erosion over the next 100 years.

The coastal hazard assessment has found:

  • In the short term sandy beaches and associated infrastructure such as access ways and dune fencing may become vulnerable
  • In the long term (greater than 50 years) additional infrastructure such as car parks, some City owned buildings within coastal foreshore areas and some private property may potentially be at risk from severe storm erosion.

Coastal hazard areas for both 50 year and 100 year timeframes can be viewed by downloading the coastal hazard maps or by using Mapping Online.

Information on how planning and development within coastal hazard areas may be affected can be found here or in the Coastal Vulnerability and Affected Property – Frequently Asked Questions.

Coastal Infrastructure Adaptation Plan

A Coastal Infrastructure Adaptation Plan 2018-26 has been developed to ensure the City is adequately prepared to adapt to current and future coastal hazards and risk to City infrastructure and assets is minimised. The objectives of the Plan are to:

  • Improve understanding of the potential impacts of current and future coastal hazards.
  • Identify risk to the City’s infrastructure and assets as a result of current and future coastal hazards.
  • Identify and implement projects to minimise risk to the City’s infrastructure and assets from current and future coastal hazards.
  • Identify a long term approach that will guide the City’s future adaptation responses in the coastal zone.

Technical studies and investigations

Technical studies and investigations have been undertaken to better understand the potential impacts on the City’s coastline. These documents can be downloaded below.

Year

Title
2016 Joondalup Coastal Hazard Assessment 2016

Joondalup Coastal Hazard Assessment 2016 – Appendix A

Joondalup Coastal Hazard Assessment 2016 – Appendix B
2016 Coastal Monitoring Program Baseline Report 2016

Coastal Monitoring Program Baseline Report 2016 – Appendix A

Coastal Monitoring Program Baseline Report 2016 – Appendix B

Coastal Monitoring Program Baseline Report 2016 – Appendix C

Coastal Monitoring Program Baseline Report 2016 – Appendix D
2018 Coastal Monitoring Program 2017-18

Coastal Monitoring Program 2017-18 – Appendix A

Coastal Monitoring Program 2017-18 – Appendix B

Coastal Monitoring Program 2017-18 – Appendix C

Coastal Monitoring Program 2017-18 – Appendix D
2020 Coastal Monitoring Program 2019-20

Coastal Monitoring Program 2019-20 – Appendix A

Coastal Monitoring Program 2019-20 – Appendix B

Coastal Monitoring Program 2019-20 – Appendix C

Coastal Monitoring Program 2019-20 – Appendix D

Coastal Monitoring Program 2019-20 – Appendix E
2022 Coastal Monitoring Program 2021-22

Coastal Monitoring Program 2021-22 – Appendix A

Coastal Monitoring Program 2021-22 – Appendix B

Coastal Monitoring Program 2021-22 – Appendix C

Coastal Monitoring Program 2021-22 – Appendix D

Coastal Monitoring Program 2021-22 – Appendix E

Join the Coastal Vulnerability Stakeholder Notification List

Join the Coastal Vulnerability Stakeholder Notification List to be informed by email whenever new coastal vulnerability information is released and/or when opportunities to become involved in future planning for the City’s coastline become available.