Initiation of Local Planning Scheme Amendments

Scheme Amendment Guidance – Council Policy 3.5 - Initiation of Local Planning Scheme Amendments

The City has and will continue to receive Scheme Amendment requests ahead of the new Local Planning Strategy and new Local Planning Scheme being finalised.

Due to the length of time it takes to prepare and approve strategic documents such as the Strategy and Scheme, there is a period where landowners and applicants may wish to progress Scheme Amendments ahead of these documents being finalised.

Whilst individual applications should be considered on their merit, there is currently no guidance or systematic framework to guide the consideration of merits to a specific proposal, and consequently whether to initiate an Amendment to a Local Planning Scheme.

At the 30 August 2022, Council unanimously approved the draft Council Policy 3.5 Initiation of Local Planning Scheme Amendments proceeding to public consultation. The proposed Council Policy will outline key considerations that will be used in assessing these requests to initiate an amendment to the City’s Local Planning Schemes.

This will assist the City Officers and Council to ensure decisions are consistent, transparent and merit based.

What issues will this proposed Council Policy address?

1. Without such a policy to guide decision making, there is a risk that Scheme Amendments may be sought and progressed in a manner that could undermine the intent of the Strategy or the Scheme and ultimately be to the detriment of the future form and function of the city.

2. Without such a policy, there is also a risk that uncertainty of outcome (until the new Strategy and Scheme are finalised) could be a disincentive to submission of development proposals that would result in positive investment and development outcomes for the city.

What is the new Council Policy proposing?

The content of the policy aims to define the ‘merit’ that Scheme Amendments will be considered appropriate for initiation ahead of the new Scheme.

Key themes of the ‘Position Statement’ include -

• Type of Proposal: procedural vs increasing development potential

• Strategic alignment: compatibility with the Local Planning Strategy

• Orderly & Proper Planning: the level of deviation from existing Scheme

• Community Benefit: what is the benefit, or uniqueness of proposal?

Your Feedback and Comments

Council Policy 3.5 (CP 3.5) was advertised for 42 days, from 13 October and closing on 2 December 2022. During the consultation period, four submissions were received. Two submissions supported CP 3.5, and two submissions conditionally supported the policy, subject to modifications.

In response to the submissions received, minor modifications to CP 3.5 were identified to address the matters raised.

A copy of the Schedule of Submissions, the City’s responses to matters raised, and the final policy for Council’s approval are available for view in the attachments of the 28 February 2023 Ordinary Council Meeting Agenda.

Next Steps

The Council adopted the Policy on the 28 February 2023.

The Policy will apply for Scheme Amendment requests while Local Planning Scheme No.3 is being finalised. The City will review the effectiveness of the Policy in February 2025.

The City requests all applicants consider whether proposal meet the provisions of the Policy prior to approaching the City to request initiation of an Amendment. The City welcomes and encourages early engagement to provide preliminary advice and progress proposals.

Further Information

• See ‘Project Documents’ section for more information.