Proposed Activity Centre Plan for Kardinya District Centre

The Planning and Development (Local Planning Schemes) Regulations 2015, require any ACP received by the City to be advertised for community review and feedback.

This initial proposed Activity Centre Plan underwent a public comment period from 23 July - 3 September 2020. Submissions received along with an officer recommendation were considered by Council at its Ordinary Meeting of Council 17 November 2020. Council resolved to support the proposed Plan subject to the following:

• Councils proposed modifications being made
• advertising the modifications to the community
• holding another public comment period where community can provide feedback on the modified proposal.

View the initial ativity centre proposal

Modifications to proposed ACP requested by the City:

• modifying the proposed boundary of the ACP
• modifying the proposed maximum building height of the ACP
• modifying the proposed densities of the ACP

 View the proposed modified plan

The City’s modifications to the proposed Activity Centre Plan were advertised 27 November 2020 - 8 January 2021.

Following consideration of community submissions from the second public comment period, the City forwarded advice to the Western Australian Planning Commission (WAPC), the approval agency for an Activity Centre Plan. This advice specified that the City only supported the proposed Activity Centre Plan subject to the modifications identified by the City being implemented.

The Statutory Planning Committee (SPC) of the Western Australian Planning Commission at its meeting on 21 September 2021, under delegation of the WAPC, considered the proposal and resolved to:

• Require the City of Melville to advertise a modified Kardinya Activity Centre Plan in accordance with Attachment A, in accordance with the Clause 22(2) of Schedule 2 – Deemed Provisions for Local Planning Schemes, Planning and Development (Local Planning Schemes) Regulations 2015 (Deemed Provisions)
• Request the City of Melville to advertise the modified Kardinya Activity Centre Plan concurrently with a Scheme Amendment required to implement the ACP, in accordance with Clause 18 of the Deemed Provisions or a longer period as may be required to be consistent with the Scheme Amendment process; and
• Request the City of Melville to subsequently provide a report on the Kardinya Activity Centre Plan modifications to the Western Australian Planning Commission in accordance with clause 22(2) of the Deemed Provisions.

The proposed ACP contained elements that are different from Local Planning Scheme 6 as it currently applies to the affected area. To implement the proposals contained within the ACP the Scheme would need to be amended. While this is a separate process and the final contents of any scheme amendment may need to be adjusted to reflect any further modifications to the ACP,  the SPC requested that the scheme amendment process be initiated to enable advertising concurrently with the ACP.

The Scheme Amendment primarily proposes changes in residential density and zoning to reflect ACP proposals where they differ from the existing scheme. It also includes textual changes to the scheme where necessary to also enable implementation of the ACP proposals.

A further modified Kardinya Activity Centre Plan (ACP) document and Scheme Amendment were prepared by the applicant based on the above recommendations and were submitted to the City.

At the Ordinary Meeting of Council on 13 December 2022, Council considered the proposed Scheme Amendment in accordance with the relevant planning framework and made a determination. Consistent with the Western Australian Planning Commission (WAPC) recommendation, Council resolved to initiate the Scheme Amendment required to implement the ACP, with modifications, and to advertise both the Scheme Amendment and the ACP concurrently.

Scheme Amendments are governed under the Planning and Development Act and associated Planning Regulations. In accordance with State Planning Framework requirements, the proposed Scheme Amendment was referred to the Environmental Protection Authority (EPA) for review under the Environmental Protection Act in January 2023. The EPA determined that no further environmental assessment was required. As a result, concurrent advertising of the proposed Scheme Amendment and the State Planning Commission (SPC) proposed ACP modifications proceeded.

The final decision of the ACP was made by the Western Australian Planning Commission (WAPC), who could reject, approve or grant conditional approval on the basis of incorporating recommendations

In making this final decision, the WAPC considered community, council and officer feedback, along with relevant planning legislation and policies, including:

• State Planning Policy 4.2 Activity Centres for Perth and Peel
• City of Melville Local Planning Strategy
• Relevant provisions of the City of Melville Local Planning Scheme No.6
• Other relevant state and local planning policies

To support this decision, the City provided a report to the WAPC that included officer and council recommendations, as well as feedback received during engagement periods. More specifically, the report included a copy of submissions, the City’s response to each submission, and the City’s assessment of the proposal with recommendations for the final decision.

The Minister for Planning was the decision-maker for the proposed Scheme Amendment.

Consulation closed on  Monday, 8 May 2023.

The city communicated opportunties to participated and outcomes of this project through:

• Melville Talks page on the City of Melville website
• Posts on the City's social media channels
• Letters sent to all properties within 400m and immediately adjoining the proposed Activity Centre
• Email to all people who have submitted a comment during the first public comment period
• Two information sessions at the City of Melville Civic Centre on  Wednesday, 9 December 2020
• Letters sent, as part of the SPC Proposed Modifications, to properties in an additional area not previously included within either the original proposed ACP or the City’s recommended modified ACP.
• Ongoing updates via the follow engagement update on this page.