Amendment No. 80 to Town Planning Scheme No. 1

Consultation has concluded

Town of Victoria Park Town Planning Scheme (TPS 1) was gazetted on 30 September 1998. The TPS 1 Scheme Text defines various general terms and land uses and outlines their permissibility within the different zones within the Town.

When an application for development approval is received that proposes a land use that is not defined in the Scheme Text or cannot reasonably be determined as falling within the interpretation of one of the listed uses, it must be considered an ‘Unlisted Use’. It is recognised that the extent of uses included in the current Scheme is not comprehensive and that

Town of Victoria Park Town Planning Scheme (TPS 1) was gazetted on 30 September 1998. The TPS 1 Scheme Text defines various general terms and land uses and outlines their permissibility within the different zones within the Town.

When an application for development approval is received that proposes a land use that is not defined in the Scheme Text or cannot reasonably be determined as falling within the interpretation of one of the listed uses, it must be considered an ‘Unlisted Use’. It is recognised that the extent of uses included in the current Scheme is not comprehensive and that many typical land uses common to the urban environment must instead be considered as ‘Unlisted Uses’ and subject to discretion as to whether they meet the objectives of a particular zone.

The classification of a land use as an ‘Unlisted Use’ should be reserved for uncommon land uses which due to their unique nature do not fit into the classification of any land use in a Scheme. These uses are generally proposed infrequently and as such their appropriateness must be determined as part of a more rigorous assessment process including a longer consultation period and a report to Council for consideration.

From an administrative perspective, this means that many typical urban land uses proposed within the Town which do fit into a land use classification are being considered as ‘Unlisted Uses’ simply because the Scheme does not include a comprehensive set of common land uses classifications. A common example has been applications for gymnasiums.

The Planning and Development (Local Planning Schemes) Regulations 2015 came into effect on 19 October 2015. Schedule 1 of the Regulations include Model provisions for local planning schemes which includes accompanying general definitions and land use terms to be used in Schemes across Western Australia.

Details

The Town of Victoria Park has resolved to initiate the above Town Planning Scheme Amendment to modify Town Planning Scheme No. 1 to introduce new use classes and amend the general and land use definitions including:

1. Introduce several new land use definitions into the scheme text and zoning table and identify the permissibility of the uses in each zone;

2. Introduce several new general definitions;

3. Modify several existing land use definitions to align with those contained in Schedule 1 'Model provisions for local planning schemes' of the Planning and Development (Local Planning Schemes) Regulations 2015 ('the Regulations');

4. Modify several existing general definitions to align with those contained in Schedule 1 of 'the Regulations';

5. Delete several land use definitions from the scheme and zoning table;

6. Modify the zoning table to separate grouped (nested) land use classes for greater legibility and simplicity in interpreting the zoning table.

7. Updating the extract of the zoning table that appears in all precinct plans for all zones to reflect the modifications to the zoning table in the scheme text referred to in the items above.

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