The City's response to PerthNow about convenience stores, 16.2.26
Question: I was wondering what planning rules Cockburn has for convenience stores?
Answer: Convenience stores are ‘Permitted’ within Centre zones, require advertising if proposed within Residential or Rural Living zones and are ‘Discretionary’ in Mixed Use zones.
Question: Are they exempt from seeking approval or is it already required?
Answer: Convenience stores generally require planning approval before they can operate. There are no blanket exemptions for convenience stores; each proposed location is assessed to ensure it aligns with the zoning and planning framework.
Question: How are applications handled?
Answer: Applications for new convenience stores are considered under the City’s planning framework. The assessment focuses on factors such as the compatibility of the use with the surrounding area, parking, traffic and overall amenity. Where a store is subject to discretionary decision making, applications are publicly advertised to allow the community to provide comment.
It is important to note that planning approval does not extend to policing product sales, including tobacco or vape products.
Question: Are there any proposed changes in the works?
Answer: The City of Cockburn planning teams do not consider planning controls to be an appropriate or effective mechanism for addressing the sale of illegal tobacco products.
Planning frameworks exist to manage land use, development, amenity and the orderly growth of our communities, not to police or regulate commercial product compliance.
Issues relating to the sale of illicit tobacco are matters for enforcement agencies such as WA Police and WA Health, which have the powers and expertise to investigate and act.
Using planning schemes to target specific products sets a concerning precedent and risks undermining the purpose of planning regulation, while doing little to address the underlying problem.
Approving or refusing a discretionary use application because of the potential sale of tobacco would be difficult to justify legally and would likely be subject to appeal.
In short, relying on planning controls to manage tobacco sales is considered ineffective.
Question: Has the city received or have any concerns about stores selling illegal tobacco products within its boundaries?
Answer: Yes. A complaint was received by a member of the public who alerted the City to a shop selling illegal vapes. The City alerted the Department of Health and it is understood the business no longer operates.