The recent changes to the Planning and Development (Local Planning Schemes) Regulations 2015 make it easier for businesses to establish themselves by removing the need to apply for a planning approval or to provide extra parking.
For example a shop, restaurant/café, small bar or office can be established in any commercial area where these are permitted uses without the need to provide extra parking.
The Regulations have also been updated to limit where a cash in lieu payment can be required.
LPP 1.6 needs to be updated to acknowledge this change.
LPP 1.6 contains a clause which allows for developers satisfy an onsite parking shortfall through a payment to the City which can then be spent on car parking provision or other streetscape improvements. This clause is no longer valid as cash in lieu requirements are limited and now contained within Planning Regulations.
The state government has created a template to guide payment in lieu of parking schemes. This sets out the matters which can be considered in this plan and also sets out the manner and form a payment in lieu of parking plan can take.
A number of Activity Centre Plans (ACP’s), sometimes known as structure plans, are in place across the City of Melville. These ACP’s set out the parking requirements for these individual precincts.
The ACPs for Murdoch, Canning Bridge and Melville City Centre set out maximum car parking provisions for non-residential developments. LPP 1.6 has been updated to make it clearer as to the hierarchy in circumstance of conflict in what parking requirement applies for car parking in these areas.
Other local governments have parking and access policies or local planning scheme provisions to provide guidance on this, however not many are mandating AS2890.1:2004 as having hierarchy over the Residential Design Codes in terms of vehicle access sightlines – the City is seeking to become leaders in this space to ensure the safety of pedestrians is held as highest priority. However, this will require subsequent approval from the State Government prior to the City being able to implement greater vehicle access sightline requirements for residential development.
There is no change to the car parking ratios required for development and use. Applications seeking lesser car parking than that required under the policy may seek discretion through a development application to reduce the requirement – however this needs to be supported and substantiated against the policy objectives in order to be considered favourably by the City.
The Strategic Community Plan identifies that there is a desire for people to be able to access local services, such as café’s, shops and other business in their community.
Allowing businesses to move into a locality quickly and easily reduces costs and makes doing business in the City of Melville more attractive and will ensure this desire can be met.
We also need to prioritise and encourage other more sustainable forms of transport such as walking, cycling and public transport and over-provision of car parking can erode this.
The Planning and Development (Local Planning Schemes) Regulations 2015 enable local governments to prepare Local Planning Policies (LPPs) on any planning matter relating to the planning and development of the scheme area. A local planning policy may be very specific, relating to a particular development type or be more general relating to the entire scheme area.
A local planning policy is not legally binding however it is required to be given due regard by a decision maker. A Local Planning Policy guides decision making to ensure transparency and consistency and also to provide standard and guidance to applicants around what is acceptable and how the City exercises any discretion.
The decision-maker for this proposal is the City of Melville Council, however some provisions will need to be endorsed by the State Government prior to implementation.
Following the conclusion of the public consultation period, a report will be presented to Council at the next available Council meeting to consider the outcomes of consultation and finalising draft amended LPP 1.6. In the event no submissions are received in response to consultation, it is recommended that the amendments to LPP 1.6 be adopted without further referral to Council.