The consideration of potential future land use and zonings for the western section of the former Roe Highway corridor is underway.
Overview
In late 2022 the State Government commenced the planning processes to determine the future use of the final unconstructed portions of Roe Highway (Stages 8 West and 9) primary regional road reservation.
Metropolitan Region Scheme (MRS) Amendment
MRS Amendment 1404/41 is now complete. On 28 November 2024 the MRS Amendment survived a motion of disallowance and was passed by Parliament.
The outcome was published in the
Government Gazette 146 of 2024 (legislation.wa.gov.au), with the plan being effective as of Friday 29 November 2024.
Relevant documents, including the initial proposal and report on submissions are available online from the Department of Planning and Heritage website:
MRS Major Amendment 1404/41 – Roe 8 Remainder and Roe 9 (Removal of Primary Regional Roads reservation) – Outcome of Amendment (www.wa.gov.au)
An extract of the current MRS Amending Plan is available in the document below.
TPS3 Amendment
The City’s local planning scheme now needs to be changed to respond to the MRS outcome. In anticipation of the likely MRS outcome, on 14 December 2023 Council initiated Amendment 166 to TPS3 (
OCM Minutes - Item 14.1.2)
On 5 December 2024 the Minister for Planning granted ‘Consent to Advertise’ Amendment No.166. In doing so he required modifications prior to advertising, most notably conversion of the Healy Road & Cardigan Street Precinct to Development Area 47, to allow a future structure plan to investigate whether a balanced approach between the landscape characteristics and bushfire management can result in a denser form of residential development.
Copies of the modified documents will be published on the City’s consultation website (Comment on Cockburn). As a ‘complex’ amendment, the proposal needs to be advertised for a minimum period of 60 days.
Who is the decision maker?The Minister for Planning.
What role does the City and Council play in the redevelopment process?The City is responsible for ensuring the local scheme is updated in response to the recent Metropolitan Region Scheme (MRS) Amendment outcome. At the completion of advertising, it must consider submissions and make a recommendation to the Minister on how the Local Scheme Amendment should be finalised.
It is not responsible for the preparation of local structure plans. This process is typically instigated by submission of a draft proposal by the landowner (or a consultant on their behalf).
Whilst the City is responsible for the initial processing of local structure plans (including advertising and providing a recommendation on how it should be finalised), the Western Australian Planning Commission is the final decision maker.
Why doesn’t the amendment cover the entire Roe Highway Stage 8 and 9 area?The local Scheme Amendment primarily focuses on the areas of the MRS Amendment that were transferred from ‘Primary Regional Road’ to the ‘Urban’ zone.
The area of remnant bushland at the intersection of Stock and Forrest Road was excluded from the MRS amendment and therefore remains reserved as a ‘Primary Regional Road’. MRS Regional Reserves cannot be adjusted via a local scheme amendment
Clearing of bush/vegetation and wildlife concerns.The Metropolitan Region Scheme amendment was accompanied by an
Environmental Assessment Study which identified areas of high, medium and low ecological value across the former Roe Highway reserve. Most areas which were identified as having medium or higher ecological value have either been retained within the ‘Primary Regional Road’ reserve or are effectively protected via their inclusion within a regional ‘Parks and Recreation’ reserve.
The proposal does not include any additional environmental or technical studies. Further detailed analysis will occur, most notably for the proposed ‘Development Areas’ via the subsequent Local Structure Planning process.
The MRS amendment has removed a Primary Regional Road the City had previously expected would be constructed. Its removal will inevitably lead to impacts to the City’s local road network.
The Local Scheme Amendment proposes no change to the current local road network. It is the City’s expectation that a detailed Traffic Impact Assessment will be prepared as part of the subsequent Structure Planning process for Development Areas 46 and 47 -
see the City’s Comment on Cockburn page. Smaller, more localised assessments may be required to accompany subdivision and/or development proposals for other areas.
The Scheme Amendment is principally an enabling mechanism to allow a structure plan to be prepared over most of the former regional road reservation and surrounding fringe areas, to ensure a properly integrated development outcome.
To avoid compromising future outcomes or giving rise to any claim for injurious affection, the location and alignment of an appropriate green (Ecological) link is best determined through the subsequent local structure planning process.
To ensure this occurs, the Scheme Amendment proposes a special provision for Development Area 46 (Provision 2a), requiring such a link to be provided as an integral element of any structure plan prepared.
Why, if my property is already zoned, has it been included within the proposed Development Area 46 boundary?To ensure the future Structure Plan is appropriately integrated with surrounding development, the Special Control Area (Development Area 46) boundary extends approximately one street block beyond the proposed ‘Development’ zone.
This will ensure the Structure Plan properly considers and captures any necessary physical changes outside of the Development zone (e.g. potential upgrading or adjustment to existing roads). Despite Provision 1 of Development Area 46 requiring the approval of a Structure Plan ahead of future subdivision and development, small scale proposals such as housing additions (carports, patios etc), will still be considered where it can be demonstrated that they are unlikely to prejudice the future structure planning outcome.
What is a Structure Plan?A key instrument for coordinating future zoning, subdivision and development of an area of land.
Who will undertake the Structure Plan?
The State Government, through various agencies, is the primary landowner within the Scheme Amendment area. The City has consistently advised the State Government that a lead agency (such as Development WA) should be appointed to prepare the structure plan for the area Local Structure Planning (LSP)
Some areas will also need to form the subject of a Local Structure Plan before further subdivision and/or development can occur.
To ensure an appropriately integrated outcome, the local scheme amendment includes the creation of a special control area (Development Area 46) that extends beyond the proposed Development zone. By doing so, the City is not seeking to preclude minor development or improvements of land consistent with its existing zoning and residential density coding (e.g. construction of single houses and/or extensions etc.), rather it seeks to:
- encourage landowners to check the progress of the structure planning process and consider the opportunities it may present; and
- formally trigger City assessment of the impact development may have on the structure plan, ahead of major investment occurring on the ground that might unnecessarily compromise its outcome.
Timeline
October 2022The Department of Planning, Lands and Heritage (DPLH) commenced community engagement into the preparation of a draft Concept Plan for the residual portions of the Roe Highway primary regional road reservation.
A copy of the advertised Draft Concept is available in the document below.
The City provided officer advice on the Draft Concept, recommending a number of changes and identifying key areas where it believed further investigation is required.
July 2023WAPC commenced formal Public Consultation on MRS Amendment 1404/41 which seeks to transfer relates to re-zoning Roe Highway Primary Regional Roads reserve in Hamilton Hill, Coolbellup and Bibra Lake.
The proposal was informed by an evolved ‘Indicative Concept Plan’, of which the primary extract is available in the document below.
Council resolved to support the MRS Amendment subject to modifications. A key recommendation was to advise the State of its intention to mandate the requirement for future structure planning to include an east-west ‘green link’ in the responding local scheme amendment.
You can read more in the
Council Meeting Minutes – 14 September 2023 (Item 14.1.2).
Council resolved to initiate an amendment to the City’s local planning scheme (TPS3) to respond to the proposed MRS amendment (
Council Meeting - Minutes 14 December 2023).
The scheme amendment proposes:
- Replacing the current Roe Highway reservation with a Development zone, which will require the preparation of a local structure plan prior to any subdivision or development occurring.
- Outlining the area for which a local structure plan would be required
- Introducing a special control area, which will require the structure plan to provide for:
- a green (ecological) link from the east to the west;
- appropriate education, recreation and local commercial areas;
- an appropriate mix of residential densities; and
- local road linkages
The City requires the State government’s permission to publicly advertise the amendment (Environmental Protection Authority, and Minister for Planning).
The MRS Amendment was considered by the Western Australian Planning Commission (WAPC) at its meeting on Wednesday 17 January 2024.
A copy of the agenda and minutes (including a summary of the deputations made) can be sourced directly from the
Western Australian Planning Commission Agenda and Minutes page of the
Department of Planning, Lands and Heritage website.
A recommendation to the Minister on whether to allow the TPS Amendment in its current or a modified form, was considered by the WAPC at its Statutory Planning Committee (SPC) meeting on Tuesday 28 May 2024.
A copy of the agenda and minutes can be sourced directly from the
Statutory Planning Committee Agenda and Minutes page of the DPLH website.
Please note that consistent with its handling of all Scheme Amendments (for which the WAPC are not the determining authority), the proposal is listed as a Confidential Item, meaning that only the key matters for consideration are published.
On 10 June 2024 the City received correspondence advising that the Amendment has been endorsed by the Minister for Planning without modification and approved by the Governor, and will now be presented to both Houses of Parliament. The amendment will remain in Parliament for twelve sitting days during which time it may, by resolution, disallow the amendment. As soon as the amendment is no longer subject to disallowance it becomes legally effective in the MRS.
The WAPC has considered and published all submissions received on the MRS amendment. Of note:
- Section 7 of the Report on Submissions (pages 2-6 / pdf pages 12-16), includes a summary of the key issues raised and the WAPC’s response.
- Schedule 2 – Submission No.185 (pdf pages 130-134), includes a summary and slightly more detailed commentary relating to the City’s own submission.
On 4 December 2024 the City received confirmation that MRS Amendment 1404/41 is complete. The outcome was published in the
Government Gazette 146 of 2024, with the plan being effective as of Friday 29 November 2024.
On 5 December 2024 the Minister for Planning granted ‘Consent to Advertise’ Amendment No.166 subject to a list of modifications.
Advertising for proposed Scheme Amendment No. 166 commenced on 17 January 2025 and closes on 19 March 2025. Comments on the proposal are invited and can be made by following the process identified on the Comment on Cockburn page.
Structure Plan – more detailed planning
This Local Planning Scheme Amendment is not a structure plan. A structure plan provides more detail such as where housing or parks are to be located and key road links. This will happen later and will take time. Read more about this process on the Structure Plan Framework and Process page.
This process is typically instigated by submission of a draft proposal by the landowner (or a consultant engaged on their behalf).
A number of different State Government Agencies, including Main Roads Western Australia, the Western Australian Planning Commission and Department of Communities, collectively own the majority of the existing corridor and therefore the State Government is responsible for developing the structure plan, not the local government.
The Council has consistently advised the State government that a lead agency (such as DevelopmentWA) should be appointed to prepare the local structure plan for the area.
Questions about the local planning scheme and structure plan processes can be directed to the City on 08 9411 3444 or [email protected].