Amendment 77 to Town Planning Scheme No. 1

Consultation has concluded

Background

The Town Planning Scheme No. 1 (TPS 1) was gazetted on 30 September 1998. The TPS 1 Scheme Text defines various land uses and outlines their permissibility within the different zones within the Town.

In 2016, Council officers received an enquiry from a business proprietor on Albany Highway in relation to a proposal to produce food on a premises for wholesaling, in addition to retail sales on the premises. Council officers sought legal advice on the appropriate classification of the proposal, with it being concluded that the proposal would be regarded as an industry use. This conclusion was based

Background

The Town Planning Scheme No. 1 (TPS 1) was gazetted on 30 September 1998. The TPS 1 Scheme Text defines various land uses and outlines their permissibility within the different zones within the Town.

In 2016, Council officers received an enquiry from a business proprietor on Albany Highway in relation to a proposal to produce food on a premises for wholesaling, in addition to retail sales on the premises. Council officers sought legal advice on the appropriate classification of the proposal, with it being concluded that the proposal would be regarded as an industry use. This conclusion was based upon the significant volumes of production occurring on the premises meaning that it would be regarded as a separate use (not an incidental use), and the definition of industry under the Scheme including the making, altering or adapting for sale of articles or goods.

Accordingly, the enquirer was advised that the proposed use could not be approved as the use of the land for industry purposes is prohibited under the Scheme.

Subsequently, an application for development approval has been submitted, where the planning consultant acting for the business proprietor, submits that the proposed manufacturing of goods is incidental to the predominant use of the land, and therefore is capable of being approved by the Town. Based upon the legal advice previously received, Council officers do not agree with this position and have advised the proponent that the application is not able to be approved.

Council officers also note a level of interest from landowners in recent times in relation to other potential uses that would involve industrial type activities of a scale that would fall under the Industry definition, including micro-breweries, bakeries, dry cleaners and laundromats.

For more detailed information, read the Council minutes from the September 2017 Ordinary Council Meeting.

What is happening now?

It is recognised that there is a trend towards commercial or retail-based businesses undertaking such activities in association with other activities occurring on the same site. There are situations where such activities can be undertaken in a manner that is discrete and has no adverse impact upon the amenity of an area, and allows for businesses to diversify. In order to provide scope for Council to consider applications for such activities, it is proposed to modify the Scheme as follows:

1. Modify the definition of ‘industry’ in Schedule B ‘Definitions’ of the Scheme Text.

2. Modify the definition of ‘light industry’ in Schedule B ‘Definitions’ of the Scheme Text.

3. Insert a definition of ‘service industry’ in Schedule B ‘Definitions’ of the Scheme Text.

4. Modify the Zoning Table in the Scheme Text by adding the use class ‘Service Industry’ in the left hand column under the heading ‘Use Class’ and inserting the permissibility of this use in each zone.

5. 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 item four above.

How can I be involved?

Contributions to this consultation are closed for evaluation and review.

If you would like any further information, you can ask a question.