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MINUTES OF THE ORDINARY MEETING OF COUNCIL 21 AUGUST 2012 a. Residential Density shall not exceed R30; and b. Subdivision is to be in accordance with a subdivision concept plan, adopted by the Council, which improves road connectivity to the locality and addresses the nature of surrounding development, be INITIATED and PROCESSED in accordance with the Town Planning Regulations. Report Purpose To re-consider initiating a Scheme Amendment to rezone Lot 201, House Number 19, Gribble Road, Gwelup from Residential R20 to Special Use Zone, as a consequence of an Order made by the Minister for Planning under section 76(1) of the Planning and Development Act 2005. Relevant Documents Attachments Attachment 1 - Ministers Orders (ECM Doc No: 3123842) Available for viewing at the meeting Rezoning Application (ECM Doc No: 2602632) Background At the Council meeting held 22 March 2011, Council considered a request to rezone Lot 201, House Number 19, Gribble Road, Gwelup from Residential R20 to Residential R30. The original officer's recommendation to the Planning and Development Committee was that an Amendment be initiated accordingly. However, Council did not agree with this Recommendation and resolved (Council Resolution Number 0311/050) as follows: "That Council, pursuant to section 75 of the Planning and Development Act 2005, DOES NOT INITIATE an Amendment to Local Planning Scheme No 3 to rezone Lot 201 House Number 19 Gribble Road, Gwelup from 'Residential R20' to Special Use - Uses as per Residential Zone." Council's reason for a change to the officer's recommendation was that it "considered the rezoning not warranted at this location as it is not in close proximity to transport services or commercial centres". On the 26 June 2012, the City received Orders from the Minister for Planning (refer Attachment 1), under section 76(1) of the Planning and Development Act 2005, stating:- "1. I, the Hon John Day MLA, Minister for Planning, pursuant to section 76(1) of the Planning and Development Act 2005 (the Act), order the City of Stirling to initiate an Amendment to Local Planning Scheme No 3 as outlined in the representation of Mr. Paul Bashall of PlanWest dated 27 July 2011, a copy of which is attached to this order. 2. The City of Stirling is to comply with this Order on or before 11 July 2012." 40
MINUTES OF THE ORDINARY MEETING OF COUNCIL 21 AUGUST 2012 The Orders were dated the 21 June 2012 and the cover letter advises the City there is no right of appeal against this decision. It is noted that the time limitation specified by the Minister has not been met, however, the Orders were not received with sufficient time for a report to be prepared for consideration by the Planning and Development Committee and subsequently Council in July 2012. This issue was discussed with Officers from the Department of Planning who acknowledged that the Amendment would be considered by Council on 21 August 2012. As a consequence of the Minister's Orders, it is necessary for Council to re-consider the rezoning request. Summary of Proposal Current Zoning: Proposed Zoning: MRS - Urban LPS3 - Residential R20 LPS3 - Special Use Zone: Uses as per Residential Zone (R30). Size of Site: 7843m 2 Concept Plan: A subdivision concept plan has been submitted for this proposal indicating 18 single residential lots ranging in size from 300m 2 to 445m 2 (average 336m 2 ). The subdivision is in accordance with the Outline Development Plan for this area other than the size of the lots proposed. Location Plan 41
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minutes - City of Stirling

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