FAQ

An original dwelling is an existing dwelling on a site, generally constructed prior to 1945, that is the first dwelling to be constructed on the site and is considered to make a positive contribution to the streetscape due to its architectural form and character.

A map of the Residential Character Study Area has been uploaded in the document library on this page. The map details the boundaries of the Residential Character Study Area, with the properties that are shaded containing an original dwelling.

If you require further information, please visit the Town’s IntraMaps map portal. Use the ‘Address Search’ button, and then choose ‘Property Planning Enquiry’ from the list of Modules on the top left hand box.

Until October 2015, development approval was required from the Town to demolish a dwelling in the RCSA or to undertake most building works including new dwellings and additions or alterations to existing dwellings. Applications for development approval were assessed by the Town in accordance with the Town’s Local Planning Policy (LPP25) ‘Streetscape’ and other planning documents, with the Town considering the impact of the proposal on the streetscape character prior to either approving or refusing the application.

Since October 2015, State Planning Regulations have been operating which have exempted certain forms of development from development approval. Development approval is no longer required for demolition of a single dwelling, or the construction of a single house complying the Residential Design Codes (R-Codes). This has impacted upon the ability of the Town to protect and maintain the character of the area, and has resulted in the demolition of a number of original dwellings from the RCSA. 

There is concern that the further demolition of original dwellings and the construction of new development not in keeping with the streetscape character has the potential to erode the quality of the RCSA.

The intent of Amendment 73 was to reinstate the requirement for development approval that existed prior to October 2015, through the designation of the RCSA as a special control area. As a special control area, the exemptions under the regulations for demolition, and additions to or construction of a single house (where compliant with the R-Codes) would no longer apply, and would therefore be subject to the dwelling retention and design requirements of Council’s LPP25 ‘Streetscape’

As a result of community consultation, Council resolved to modify Amendment 73 by removing the need for development approval for demolition of a dwelling in the RCSA, or the construction of a new dwelling or additions to an existing dwelling. 

Further details on the Council’s consideration of Amendment 73, and the community feedback received, can be obtained from the document titled 'Minutes of Ordinary Council Meeting dated 12 September 2017' relating to Amendment 73

Amendment 73 was refused by the Minister for Planning, Lands and Heritage.

Given this outcome the Town considers the issue to be ongoing and is keen to best identify the wishes of the broader community. 

While Council received 69 public submissions when Amendment 73 was advertised for public comments, there is scope for much greater feedback that provides a more comprehensive representative sampling. As such, the Town is seeking to understand the broader views of the community.

When Council resolved to modify Amendment 73 at its meeting on 12 September 2017, it also resolved to appoint a consultant to undertake a comprehensive community engagement project, and review of the Town’s existing planning policies to identify the wishes of the community with respect to the retention of dwellings and the issue of character generally in the RCSA.

Survey results will be analysed and reported to the Town’s Elected Members. The survey results will then be taken into consideration when compiling the final report before the report is presented to the Town.

Yes, members of the community who provided submissions on the first round of consultation will be asked asked to provide further feedback on the draft recommendations report prepared by Element WA.

There will be no further opportunity to provide comment on the recommendations. 

The purpose of Scheme Amendment No. 88 is to reintroduce planning controls to the Residential Character Study Area that enable the Town to consider the contribution made by original dwellings (dwellings constructed prior to 1946) towards streetscape character and facilitate the consideration of streetscape character in development proposals.  It is considered that these measures will enhance and retain the character of these areas.

 

A review of the Town’s Residential Character Study Area (RCSA) undertaken in 2018-2019 identified that that residential and streetscape character is an important part of Victoria Park, and that many members of our community believe that neighbourhood character should be preserved and enhanced.

In October 2015, the State Government introduced the Planning and Development (Local Planning Schemes) Regulations 2015 (‘the Regulations’), which includes ‘deemed provisions’ which were automatically included in all Local Planning Schemes. This included provisions that removed the need to obtain development approval to demolish single houses and/or for new development works, where the works are compliant with the deemed-to-comply requirements of State Planning Policy 7.3 Residential Design Codes and relevant local planning policies. 

Prior to 2015, an Application for Development Approval was required for most forms of development, include the demolition of dwellings and the construction of new dwellings. Previously, the Town had the ability to maintain the essence of the RCSA through the assessment and determination of development applications against the character provisions of Local Planning Policy 25 - Streetscape. 

 

As a result of the State planning framework changes, the level of protection for original dwellings and maintenance of residential character has been significantly reduced. Since 2015, some original dwellings have been demolished which may have otherwise been retained, and it could be possible to undertake building works that are not in keeping with the character of an area.

To check if your property is in this area please refer to the Proposed Character Retention Area map available in the Document Library here. If you require further clarification, please contact the Town’s Urban Planning team on 9311 8111.

A Special Control Area is an area identified on the Scheme map that has additional development requirements to address constraints and/or achieve certain development objectives or outcomes. 

In this instance, the proposed Residential Character Special Control Area will include provisions relating to protecting and maintaining residential character within the area. 

If your property is located within the proposed Special Control Area you may need to obtain development approval for certain types of development works. Please refer to the FAQ ‘What will I need to get development approval for?’.

No. Scheme Amendment 88 does not propose heritage listing for properties within the Special Control Area.

Heritage protection, through the introduction of a statutory Heritage List or an identified Heritage Area, is dealt with separately under the Regulations.  The Town has developed an updated Municipal Heritage Inventory, now known as a Local Heritage Survey, which will now inform the preparation of a Heritage List.  A copy of the Local Heritage Survey 2021 is available on the Town’s website here.

The issue that Scheme Amendment 88 aims to address is one of character, not heritage. The majority of dwellings in the RCSA do not have individual heritage significance in their own right, but collectively they form a distinct and identifiable character.

Yes. The changes to the Regulations in 2015 prompted the Town to propose Scheme Amendment 73. Scheme Amendment 73, as initiated and advertised for public comments, proposed:

• Introducing the need for development approval for:
  • Demolition of ‘original dwellings’
  • All forms of development, other than those listed as exempt under a local planning policy.
• Requiring development to conform with:
  • The objectives of the RCSA.
  • The future Local Planning Policy specific to the RCSA.
  • Requirements for demolition, namely that demolition of dwellings not being permitted except where:
    • The dwelling is determined by Council to be structurally unsound; or
    • The dwelling is wholly clad in fibro or asbestos wall cladding; or
    • Council considers that the dwelling does not make a positive contribution to the character of the area as a result of it having had significant external alterations.
• Powers for the Town to issue a Conservation Notice requiring a landowner to undertake repairs/improvements to a property if it is considered by the Town that the property is not being properly maintained.

Council considered the public submissions received on Amendment 73, and resolved to support the Amendment with significant changes. The Minister for Planning did not support the modified Amendment 73.

While there are some similarities between the previous Amendment 73 and proposed Amendment 88, there are also some significant differences including :

1. Amendment 88 allows for a greater range of works to be undertaken without requiring development approval;
2. An ‘original dwelling’ is defined as being a dwelling constructed prior to 1946, whereas previously it relied upon a subjective assessment undertaken by Council Officers as to whether the dwelling was the original dwelling on the site.
3. Amendment 88 does not propose to provide power to issue Conservation Notices to a property owner to maintain their property.

While the majority of submissions received objected to Amendment 73 (51 submissions out of 69 received), there were over 5000 letters sent to owners and occupiers of land in the area. Given the relatively low response rate, Council considered that Amendment 73 did not identify whether there was a broad level of community support or opposition to strengthening planning controls to protect and maintain residential character.  

Accordingly, Council sought to obtain further community feedback on the matter. Subsequently, consultants were engaged to undertake an independent review of the Town’s planning framework for the RCSA and engage the community. Based on the community feedback received, the majority of respondents (271 out of 357, or 76%) indicated that they believed that the character of the area deserves protection and that Council should play a role in this.

Following these findings, the recommendations report prepared by Element determined a Scheme Amendment to establish a Special Control Area (SCA) over the RCSA as being the most desirable option for character retention.

Background information on Scheme Amendment No. 73 is available in the Scheme Amendment No. 88 Report which is available to download from the Document Library. In addition, copies of the previous RSCA consultation survey results are also available to download from the Document Library.

Yes, if your house was built prior to 1 January 1946 you will need to lodge an Application for Development Approval prior to lodging an Application for Demolition Permit.  Development Applications will be considered on its merits, and it should not be assumed that demolition will be refused.   In considering whether or not to approve a development application for demolition, regard will be given to the contribution that the dwelling makes to the streetscape character.

The following table provides a general overview of typical forms of development works undertaken by landowners, whether or not development approval is currently required, and changes proposed:

Type of development works	Current Development Application Exemptions	Proposed Development Application Exemptions (to apply to the RCSA)
The erection or extension of a single house on a lot	Exempt if the works comply with the deemed-to-comply provisions of the R-Codes.	Exempt if the works comply with the deemed-to-comply provisions of the R-Codes and are not visible from the street.
The erection of a grouped dwelling on a lot	No exemption (i.e. requires development approval)	No exemption (i.e. requires development approval)
Alterations or additions to any of the following on the same lot as a single house, grouped dwelling or multiple dwelling(s):  an ancillary dwelling; an outbuilding; an external fixture; a boundary wall or fence; a patio; a pergola; a verandah; a garage; a carport.	Exempt if the works comply with the deemed-to-comply/acceptable outcome provisions of the R-Codes.	Exempt if the works comply with the deemed-to-comply/acceptable outcome provisions of the R-Codes and are not visible from the street, or are listed as being exempt under Local Planning Policy 32 ‘Exemptions from Development Approval’.
Demolition of a single house	Generally exempt	Exempt if constructed after 1 January 1946.
Demolition of a grouped dwelling	Generally exempt if there is no common wall with another building.	Generally exempt if there is no common wall with another building, and if constructed after 1 January 1946.
Demolition of other building structures on a residential lot	Exempt	Exempt
Demolition of buildings used for non-residential purposes (e.g. commercial buildings).	Generally exempt if there is no common wall with another building.	Generally exempt if : there is no common wall with another building; and the works do not relate to a property on the Town’s Local Heritage Survey; and the works do not relate to an original shopfront on Albany Highway.
Other works	See Local Planning Policy 32 ‘Exemptions from Development Approval’.	See amended draft Local Planning Policy 32 ‘Exemptions from Development Approval’.

As defined by both Amendment 88 and the proposed draft new Local Planning Policy - Character Retention Guidelines, 'visible from the street' only applies to a dwelling which has a frontage to a street, and refers to development which if implemented is either:

• situated wholly or partially within 12m of the street boundary, or
• wholly located greater than 12m from the street boundary and exceeding a height of 5m above the natural ground level at the street boundary.

The purpose of this policy is to set out how new development that is visible from the street should contribute positively to streetscape character, while accommodating contemporary and sustainable designs in appropriate situations.

Contemporary development within character areas provides the opportunity to bring new life into an historic area, revitalise vacant lots, encourage innovative contextual design, attract new investment whilst maintaining amenity for owners of original dwellings.

The objectives of draft new Local Planning Policy – Character Retention Guidelines are to:

• Confirm the contribution that original dwellings make to the streetscape character;
• Retain the traditional streetscape pattern in particular the existing rhythm of front and side setbacks;
• Avoid development that mimics styles of architecture from the past and instead encourage innovative new design that reflects the prevailing form, scale and materiality of the streetscape in which it is located, with particular reference to roof pitch, traditionally proportioned windows and the grain of existing building materials;
• Ensure additions and extensions to original dwellings do not visually dominate the streetscape presence of the original dwelling;
• Minimise the visual impact of car parking structures on the streetscape and in particular original dwellings;
• Retain the open nature of front gardens within the streetscape, with particular reference to low, visually permeable fencing to front and side boundaries within the street setback area; and
• Encourage the retention of mature trees wherever practical.

While this is not a planning consideration, it is understood that some landowners may perceive that the need to obtain development approval may consequently reduce the value of a property, given the inherent uncertainty and process that it involves.

However, there is no evidence of this in other similar local governments. Furthermore, the Town is proposing to reinstate similar provisions that applied to land prior to October 2015.

It is understood that some landowners may be concerned about the cost of retaining and maintaining an original house.  Council at its meeting on 15 December 2020, resolved that the Town is to investigate incentives to encourage the retention and restoration of original dwellings.  It is anticipated that this work will coincide with the development of a new Local Planning Scheme. The Town will investigate a number of financial and non-financial incentives, including, but not limited to the following:

• Waiver/refund of development application fees.
• Maintenance grants.
• Rates concessions.
• Sustainability retrofit package.
• Relaxation of development requirements.
• Transferable development rights – bonus in density to other properties.
• Technical advice to assist in development solutions.
• Smaller infill development – reduced site areas in return for retaining an original dwelling.

Further information on these incentives are available to view in the minutes of the Council meeting dated 15 December 2020 here.