Civic Heart media enquiry
Journalist’s background: I had heard discussions about the revised plan for Civic Heart had Finbar dropping the supermarket. Is that the case? I had thought the supermarket, child care and medical centre were a crucial part of the amenity-service offering for residents that the council was pursuing. Is this still the council’s position?
Second. Impact of town planning scheme change on the council’s recommendations to JDAP on the issue of form two extensions of time for mixed use high rise already approved for the South Perth peninsula. Is it the case that the council is obliged to recommend against any extension of time for anyone of these developments on the grounds that the town planning scheme has changed? Does the council have discretion just to extend existing approvals? Does the council’s recommendation hinge on
whether the development meets requirements under the current town planning scheme?
Please attribute the following quotes to City of South Perth Deputy Mayor Glenn Cridland.
Neither the City of South Perth nor the elected council have been provided with any revised plan for the Civic Heart site.
Under Amendment No. 46, as modified by the Minister for Planning, developments are required to provide a non-residential component with a minimum plot ratio of 1.0. There are a number of preferred and discretionary land uses. Where an application seeks additional height bonuses, both local and wider community benefits are required to be provided amongst other things. These benefits could include access to such uses as a supermarket and medical consulting rooms.
An application to extend the period to substantially commence development needs to involve the reconsideration of the entire development. Finbar had not substantially commenced work on the Civic Heart approved development.
This reconsideration is because, as a matter of planning law, it is necessary to have regard to any material changes to the planning framework since the approval was originally granted.
Where such changes have occurred, it would be necessary for the City staff to assess the development against the amended planning framework at the time the amended application is being determined. The City staff prepare a report which is then considered by the decision maker – which is the Joint Development Assessment Panel (JDAP). All requirements under Amendment No. 46 (as modified by the Minister for Planning) would therefore need to be satisfied for the City staff to recommend an extension of time.
The Council does not have any discretion to extend existing approvals where the JDAP is involved. The Civic Heart development was approved by the Metro Central JDAP and any extension of time for that development or similar developments to substantially commence is considered by the Metro Central JDAP (after considering the report from the City staff). The JDAPs are a significant planning change brought in by the previous government to remove planning decision making on large developments from elected local governments.
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