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Planning and Development Act 2005
Approved Local Planning Scheme Amendment

Shire of Nannup Local Planning Scheme No. 3 - Amendment 19 

Ref: TPS/1975

It is hereby notified for public information, in accordance with section 87 of the Planning and Development Act 2005 that the Minister for Planning approved the Shire of Nannup Local Planning Scheme amendment on 23 March 2018 for the purpose of:

  1. Deleting the following Parts, clauses, sub-clauses and Schedules from the Scheme text, as they have been superseded by the deemed provisions set out in Schedule 2 of the Planning and Development (Local Planning Scheme) Regulations 2015:
  • Part 2 in its entirety;
  • Part 4, Clauses 4.13.4.3, 4.13.9.2(b), 4.13.9.4, 4.13.10.2(c), 4.13.10.8, 4.13.12.1(c) and 4.13.12.2 to 4.13.12.10;
  • Part 5, Clauses 5.8.14.2(b), 5.8.14.6, 5.8.14.7, 5.8.14.8, 5.8.14.10 and 5.8.15;
  • Part 6, Clauses 6.2.3.3 to 2.3.6;
  • Part 7 in its entirety;
  • Part 8 in its entirety except portions of clause 8.2 which is to be inserted into Schedule A - Supplemental Provisions;
  • Part 9 in its entirety;
  • Part 10 in its entirety;
  • Part 11 in its entirety;
  • Schedules 5, 6, 7, 8, 9 and 14 in their entirety; and
  • Part 13, Clauses 13.1 to 8.
  1. Deleting the following definitions from Schedule 1, as they have been superseded by the following definitions in the deemed provisions set out in Schedule 2 of the Planning and Development (Local Planning Scheme) Regulations 2015:
  • advertisement;
  • amenity;
  • Building Code of Australia;
  • cultural heritage significance
  • local government
  • owner;
  • premises;
  • substantially commenced; and
  • zone.
  1. Deleting the following definitions from Schedule 1:
  • Residential Planning Codes; and
  • Scheme
  1. Deleting reference to the following terms 'planning approval', 'planning consent', 'planning application', 'single dwelling' and 'Residential Planning Codes' throughout the Scheme and replace them with the corresponding terms 'development approval', 'development application', 'single house' and 'Residential Design Codes' throughout the Scheme.
  1. Modifying Clause 5.8.14.5 through deleting 'Schedule 5' and replacing it with 'adopted local planning policy' and deleting:

'The exemptions listed in Schedule 5 do not apply to places, buildings, conservation areas or landscape protection zones which are either:

  1. listed by the National Trust;
  2. listed on the register the National Estate; and/or
  3. listed in the local government's Heritage List pursuant to Clause 7.1 of the Scheme.'
  1. Modifying Schedule 4 through deleting the following:
  • SU3 - Conditions/Special Provisions 1 - deleting 'for the approval of the local government and Commission';
  • SU4 - Conditions/Special Provisions 1 - deleting 'in accordance with Part 9 of the Scheme Text';
  • SU5 - Conditions/Special Provisions 1 - deleting 'for the approval of the local government (and Commission if for subdivision). The Structure Plan is to address, but not be limited to, the following:
    • Proposed method of effluent disposal and its impact upon the environmental values of Higgins Swamp;
    • Development and effluent disposal (if not sewerage) to the water body; and
    • Extent of earthworks (e.g. fill) required to accommodate proposed development';
  • SU6 - Conditions/Special Provisions 2 - deleting 'The plan is to be prepared in accordance with the publication 'Planning for Bush Fire Protection Policy 2001';
  • SU7 - Conditions/Special Provisions 1;
  • SU8 - Conditions/Special Provisions 1;
  • SU10 - Conditions/Special Provisions 1;
  • SU11 - Lot 10 Balingup-Nannup Road - Conditions/Special Provisions 1 and in Conditions/Special Provisions 3 deleting 'associated with the Managers Residence as shown on the Structure Plan';
  • SU11 - Nelson Location 853 Barrabup Road, Conditions/Special Provisions 1, 2 and 3;
  • SU12 - Conditions/Special Provisions 1, 2 and 3, Conditions/Special Provisions 4 deleting 'and considered under part 10 of this Scheme' and in Conditions/Special Provisions 8 deleting 'as depicted on the Structure Plan'; and
  • SU13 - Conditions/Special Provisions 1, 2 and 3.
  1. Modifying Schedule 12 through deleting the following:
  • SR1 - Condition 1;
  • SR2 - Condition 1;
  • SR3 - Condition 1;
  • SR4 - Condition 1;
  • SR5 - Condition 1;
  • SR6 - Condition 1;
  • SR7 - Condition 1;
  • SR8 - Condition 1;
  • SR9 - Condition 1;
  • SR10 - Condition 1 and 5;
  • SR11 - Condition 1 and 6;
  • SR12 - Condition 1, in Condition 2 deleting 'as identified on the Subdivision Guide Plan referred to in Special Provision (1) relating to this land' and in Condition 2(d) deleting 'as indicated on the endorsed Subdivision Guide Plan';
  • SR13 - Condition 1 and in Condition 12 deleting 'nominated on the Subdivision Guide Plan';
  • SR14 - Condition 1, 2 and 3, in Condition 6 deleting 'as depicted on the Structure Plan' and in Condition 7 deleting 'as depicted on the Structure Plan'; and
  • SR15 - Condition 1, 2 and 3, in Condition 5 deleting 'as depicted on the Structure Plan' and in Condition 6 deleting 'as depicted on the Structure Plan'.
  1. Deleting Condition 3 in Schedule 13 for Special Residential Zone 1 (SRes1).
  1. Modifying Schedule 16 through:
  • deleting points 1, 2, 3 and 4 in Land Use Expectations;
  • adding the following to Land Use Expectations 'When considering land use, due regard shall be given to the zones delineated in a Structure Plan adopted in accordance with the deemed provisions;'
  • deleting '(in addition to Schedule 14)' for the heading of the third column;
  • deleting 'proposed within the Structure Plan' in point 1 of the third column; and
  • deleting points 2 and 3 of the third column.
  1. Modifying Part 13 through:
  • changing 'Fire Management Plan' to 'Bushfire Management Plan'; and
  • deleting 'the Planning for Bush Fire Protection Guidelines (Edition 2), or any updates, 'in Clause 13.9(c) and replacing it with 'Commission guidelines'.
  1. Inserting the following provisions into Schedule A - Supplemental Provisions:

'These provisions are to be read in conjunction with the deemed provisions (Schedule 2) contained in the Planning and Development (Local Planning Scheme) Regulations 2015.

Clause 61(1) (k) - the erection or extension of a single house on a lot if a single house is a permitted ('P') use in the zone where the R-Codes do not apply except where the proposal:

  1. requires the exercise of a discretion by the local government under the scheme to vary the setback provisions of a specific zone;
  2. is outside an approved building envelope or within a building exclusion area;
  3. is within the Flood Risk Land Special Control Area;
  4. is within the Landscape Values Area; or
  5. is on a lot or location which does not have access to a dedicated and/or constructed road.

Clause 61(1) (l) - the erection or extension of an outbuilding, in a zone where the R-Codes do not apply except where the proposal:

  1. requires the exercise of a discretion by the local government under the scheme to vary the setback provisions of a specific zone;
  2. is outside an approved building envelope or within a building exclusion area;
  3. is within the Flood Risk Land Special Control Area;
  4. is within the Landscape Values Area;
  5. is on a lot or location which does not have access to a dedicated and/or constructed road; or
  6. is inconsistent with an adopted Local Planning Policy.

Clause 61(1) (m) - the construction, replacement, maintenance or repair by a Government agency or statutory undertaking, of any equipment necessary to provide and maintain a public service.

Clause 61(1) (n) - the development on land within any zone by the local government or Government agency for the purposes of roads, stormwater drainage, recreation areas, landscaping, gardening, bushfire hazard reduction, parking, amenities building, river bank stabilisation or beach rehabilitation. This includes the carrying out of development for the purpose of roads includes a reference to the winning of extractive material by the local government for the purpose of public road construction.

Clause 61(1) (o) - the carrying out of any development by the local government in connection with the construction, reconstruction, improvement, maintenance, repair or widening (where the local government has acquired the land) of any road except the realignment or relocation of the road.

Clause 61(1) (p) - the erection or installation of such incidental structures which includes:

  1. a dog house, domestic animal enclosure, bird enclosure or a cubby house which does not exceed 3.0 metres in height above natural ground level and does not have any part of its structure located within 1.0 metre of the boundary with an adjacent lot;
  2. a tree house which as a structure that does not exceed 3.0 metres in height, does not have a floor area greater than 4.0m2 and is constructed in a tree on a lot used for residential purposes;
  3. a flag pole which does not exceed 6.0 metres in height above natural ground level;
  4. any pole, tower or device used solely for the purpose of providing outdoor lighting which is constructed on a lot used for residential purposes and no more than 6.0 metres in height above natural ground level;
  5. swimming pools;
  6. landscaping;
  7. letter boxes;
  8. clothes lines;
  9. unless the building is within a Heritage Area or included within the Heritage List of the Scheme, the installation of solar panels where such structures do not protrude above the surface of the roof by more than 500mm or above the ridge of the roof of any building.

Clause 61(1) (q) - the erection of a boundary fence except where otherwise required by the Scheme and where the fence is consistent with Local Planning Policies.

Clause 61(1) (r) - the carrying out of works urgently required for public safety or for the safety or security of plant or equipment used in the provision of essential services.

Clause 61(1) (s) - except for development to which the Residential Design Codes apply, the minor filling, excavation or re-contouring of land provided there is no more than 0.9 metres change to the natural ground level, it is not within flood risk land or except where otherwise required by the Scheme.

Clause 61(1) (t) - except for development to which the Residential Design Codes apply, retaining walls less than 0.9 metres in height unless the site is located in or referred to in a Local Planning Policy which specifically addresses requirements for retaining walls.

Clause 61(1) (u) - rainwater tanks.

Clause 61(1) (v) - aquaculture proposals involving the use of existing dams where no structural works are proposed.

Clause 61(1) (w) - effluent disposal systems where they comply with Scheme requirements and relevant legislation; air conditioning systems and LPG gas tanks for domestic purposes where they comply with relevant legislation.

Clause 61(1) (x) - satellite dishes and other domestic telecommunication installation unless it does not comply with any relevant adopted standards outlined in a Local Planning Policy or is located within a Heritage Area.

Clause 61(1) (y) - telecommunication infrastructure which is listed as low impact in the Telecommunications Low Impact Facilities Determination 1997 and subsequent amendments to that Determination.

Clause 61(1) (z) - dams, where the dam:

  1. has been approved or does not require approval from any State Government agency or authority; and
  2. the external foot of the dam wall, and any other part of the dam including the stored water is further than 20 metres from the boundaries of the subject lot.

Clause 61(1) (za) - the erection of placement of a temporary sea container and/or donga, where the structure would be consistent with the provisions of a Local Planning Policy.

Clause 61(1) (zb) - agroforestry provided no more than 4 hectares of planting occurs on any lot or location.

  1. Amending the following clauses by removing the cross reference to the clause deleted by the amendment and replace them with cross reference to deemed provisions set out in Schedule 2 of the Planning and Development (Local Planning Scheme) Regulations 2015:
  • Clauses 3.3.1(b), 3.3.2(a), 4.3.2, 4.3.4, 4.4.2(b), 4.8(c), 9.1, 4.13.10.5(c), 5.6.2(a), 5.6.3(a), 5.8.2.1, 6.1, 6.2.4.3;
  • Schedule 4 SU9; and
  • Schedule 4 SU12.
  1. Renumbering the remaining scheme provisions and schedules sequentially and update any cross referencing to the new clause numbers as required.
  1. Updating the Table of Contents.
  1. Inserting the following under Schedule A - Supplemental Provisions:

Clause 61(2) (g) - the use of land in a reserve, where such land is vested in the local government or vested in a Public Authority:

  1. for the purpose for which the land is reserved under the Scheme; or
  2. in the case of land vested in a public authority, for any purpose for which land may be lawfully used by that authority.

Clause 61(2) (h) - 'agriculture - extensive' and 'agriculture - intensive' in the Agriculture, Agriculture Priority 1 - Scott Coastal Plain and Agriculture Priority 2 zones.

Clause 61(2) (i) - 'rural pursuit' in all zones where it is a 'P' (permitted use).

  1. Correcting spelling errors and other grammatical errors, including the inadvertent omission of words, where necessary.

The scheme amendment was gazetted on 6th April 2018. 

T DEAN
PRESIDENT

T BISHOP
ACTING CHIEF EXECUTIVE OFFICER