CockburnCoast - Western Australian Planning Commission

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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 53
CockburnCoast 3.5.4 Darkan precinct Within the Darkan precinct, a mixed business classification is proposed, whereby the existing Fremantle Cold Store facility is able to be retained to service the local fishing industry. The use is not noxious and is considered to be able to operate within an urban context. Surrounding sites are able to develop to higher order uses, however residential development is excluded from the immediate surrounds to prevent issues of potential nuisance, particularly associated with the heavy vehicle movements for the site. Based on the evolution of the overall district and the ultimate decision of the current owners and operators, this situation is subject to review in the medium term. It is considered important, however, that a strong employment focus be retained. This is considered critical from the perspective of maintaining diversity, however also ensuring the area meets the key sustainability objective of local job opportunities and supporting traditional industries. 3.5.5 Emplacement precinct The Emplacement precinct currently accommodates a number of existing industrial and commercial uses, many of which have been developed in recent times. The most significant of these existing uses is the Alba Oils processing facility for canola oil. The Emplacement precinct is proposed to be designated as mixed use under the district structure plan, which can include residential components, although it is intended that this area would have a significant proportion of non-residential uses. Although industrial uses exist within other precincts within the structure plan, Emplacement differs due to the scale, age and nature of some of the businesses. Transitional arrangements will need to be considered and applied throughout the project area, but will be particularly important within this precinct. The canola oil facility in particular represents a challenge in ensuring protection of the existing operation, whilst facilitating redevelopment within the broader area. On this basis, the area has been identified as a special development area, where retention of employment and staging of development will require particular consideration. 3.7 Cost contributions Urban development within the Cockburn coast area is dependent on significant works, in particular the development and upgrade of infrastructure. The cost of works needs to be shared equitably amongst landowners within the district. In addition to district level works, significant cost is also associated with planning and works within precincts which are generally held under multiple ownership. A cost contribution mechanism is therefore required and needs to be applied through the local planning schemes or redevelopment scheme as applicable. The cost sharing will operate at two levels: • district level infrastructure; and • precinct planning and infrastructure. The items requiring district level contributions are those which support the overall development of the area and are likely to include: • district drainage design and infrastructure; • Cockburn Coast Drive; • Cockburn Road upgrade; • foreshore management plan(s); • rail crossings; • school site; • playing fields; • pedestrian bridges; • landscaping of pump station site; • public open space (land and works); • traffic controls and infrastructure associated with rapid transit system development; and • undergrounding of power infrastructure. Additionally, given the significant lift in property value of the project area attributed to the rezoning of land from industrial to urban use, it would not be unreasonable that landowners contribute towards the provision of the public transport infrastructure. These items need to be quantified and administered by the relevant implementation body (local governments or redevelopment authority) such that they can be applied throughout the district on a proportional basis. The infrastructure cost sharing arrangements at the precinct level will be derived and determined through the local structure plan. Following advertising and adoption by the relevant implementation agency, the costs would then be applied upon subdivision or development of the land. 54 district structure plan
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CockburnCoast district structure pl
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CockburnCoast Foreword Exciting pro
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CockburnCoast Contents Summary - Re
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CockburnCoast 3.3.4 Local structure
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CockburnCoast Summary: The regional
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CockburnCoast Figure A: Regional co
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CockburnCoast Responding to regiona
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CockburnCoast Table A: Cockburn coa
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CockburnCoast • social issues - h
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CockburnCoast Part 1 The district s
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Page 96 and 97: CockburnCoast 5.10.5 Clontarf Hill
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Page 108 and 109: CockburnCoast 6.4 European heritage
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CockburnCoast Figure 8.1: Process f
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CockburnCoast Table 8.1: Sustainabi
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CockburnCoast Appendices - glossary
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CockburnCoast Appendix A: glossary
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CockburnCoast Structure plan A plan
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CockburnCoast 17. Hiss, Tony (1990)
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CockburnCoast district structure pl
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CockburnCoast - Western Australian Planning Commission

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