CockburnCoast - Western Australian Planning Commission

CockburnCoast
3.3.7 Other statutory approvals
In addition to the statutory approvals required through the MRS,
local planning schemes and legislation governing environmental
matters, it is anticipated that the following site-specific approvals will
be required:
• Section 18 clearance under the Aboriginal Heritage Act
1972, where disturbance of Indigenous sites of
significance is proposed;
• development referral to the Heritage Council under the
Heritage of Western Australia Act 1990, where any
changes or works are proposed that may affect the
place's heritage significance; and
• Contaminated Sites Act 2003 is the main mechanism for
identifying and managing known and suspected
contaminated sites. The process for addressing
contaminated sites through the Act is discussed in section
4.6.
3.4 Transitional arrangements
Specific consideration needs to be given to the transitional
arrangements, given the potential land use conflict between current
and proposed development. This is particularly the case within the
Darkan and Emplacement precincts due to the extent and nature of
existing developments.
It is a key objective of the structure plan to maintain diversity of land
use and employment in order to create a mixed use environment. It
is a clear desire not to create a bedroom community. Models which
have been used in similar context are East Perth and Subiaco where
transition is accommodated in recognition of existing uses and
users.
Principles:
• Maintain local employment.
• Acknowledge and protect significant local uses.
• Facilitate transition to higher order uses over time.
• Maintain amenity and safety for local population.
Operation:
• Non-conforming use rights apply throughout.
• Mixed use sites which adjoin industrial uses must
demonstrate compliance with noise, dust, odour etc to
EPA standards prior to residential development being
permissible.
• Mixed business sites can maintain existing business,
however can accommodate higher order uses such as
office and commercial.
Implementation:
• District structure plan - principles.
• Local structure plan - detail.
• Development application - compliance.
3.5 Non-conforming use
rights
Non-conforming use rights exist within both the City of Fremantle
and City of Cockburn local planning schemes. Similar protection is
expected with any alternative scheme which may be applied over
the area. The key elements which should be considered are the
protection of the existing approved operation (in compliance with
any conditions which may apply), the expansion of any such use
and the potential termination of the use.
3.5.1 Protection of existing uses
Existing uses are protected to continue operation under current and
valid planning and environmental approvals. Landowners may
continue to operate current approved land uses on existing
premises within the structure plan area until alternative premises
can be secured, the necessary licences gained and construction of
infrastructure can be completed, in the event of relocation of the
operations.
To ensure this is maintained, any proposed change of use adjoining
an existing industrial use needs to demonstrate that:
• the proposed use would comply with any buffer
requirements associated with the existing adjoining use;
• the proposed use/development does not undermine the
potential for the existing operation to continue normal
operational activity; and
• the proposed use/development would not be adversely
affected in terms of odour, safety, noise or visual amenity,
particularly where the proposed use is to include
residential development.
This requirement is proposed to be founded in the information
supplied as part of the local structure plan, however this is required
to be demonstrated at the development stage also.
3.5.2 Expansion of existing use
Although capacity exists for non-conforming uses to expand, such
proposals must be advertised and council must determine that the
proposed expansion would not increase the impact on the locality.
Alternatively, a non-conforming use can seek to be replaced by
another non-conforming use, however this is subject to the
proposed change being deemed to have less impact than the
existing use.
3.5.3 Termination of existing use
There is potential to terminate a non-conforming use, should this be
deemed to be in the broader public interest. Importantly, current
scheme provisions require that any such termination can only take
effect through purchase of the property, payment of compensation
or both.
Clearly the cost associated with termination means that this would
only be applied in circumstances where the existing use is
considered to be detrimental to the extent that it prevents
achievement of critical objectives or presents unacceptable risk
and/or impact to the local area.
district structure plan
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