FAQs – Amendment 113
What is Local Planning Scheme Amendment 113?
The purpose of Amendment 113 to the Local Planning Scheme (LPS 3) is to include a Special Control Area and incorporate the draft Development Contribution Plan (DCP) for the High Wycombe South (HWS) Residential Precinct into Local Planning Scheme No. 3 (LPS 3). The details of the DCP are included in Schedule 12 of the LPS 3, and the area affected (the Development Contribution Area) is illustrated on the LPS 3 Map. Together, these changes form Amendment 113, and ensure the statutory requirements are created administer and manage the DCP.
The DCP Report (currently draft for advertising) is not included in LPS 3, however supports Amendment 113 by providing details on the needs analysis, estimated infrastructure and administrative costs, timing and priority principles for delivery, and cost apportionment. The DCP Report, once adopted is to be reviewed and updated annually.
What is a Development Contribution Plan (DCP)?
A DCP provides for the implementation of a cost-sharing arrangement, to levy development contributions for planned infrastructure that is required to be shared across a development area.
Development contributions are a levy that helps pay for local infrastructure associated with new housing and development. Funds levied from development contributions are used to pay for infrastructure like roads and footpaths, drainage, parks and other community facilities that are needed to accompany new housing developments.
Development contributions are intended to operate under the principle of ‘beneficiary pays’, a charge on the user of infrastructure, because the people that pay for the infrastructure directly benefit from it.
A DCP is required to be prepared to stipulate the development contributions for landowners in a Development Contribution Area (DCA). The draft DCP identifies a DCA that includes all lots subject to the Residential Precinct Local Structure Plan.
Development contributions are levied through subdivision and development processes, and where there are multiple landowners, through a DCP.
For further information, refer to the City’s Frequently Asked Questions with general information about DCP’s, available here.
What has been the process for Local Planning Scheme Amendment 113?
Proposed Amendment 113 and the draft DCP Report for the HWS Residential Precinct were considered by the Council at the Ordinary Council Meeting (OCM) in April 2023 where the Council resolved to forward the amendment to the Western Australian Planning Commission (WAPC) for their approval to proceed to advertise the amendment.
As part of the resolution the Council requested the WAPC reclassify areas identified as Local Open Space on the HWS Residential Precinct Local Structure Plan within the “Green Link” from Urban to a Parks and Recreation Reserve. The purpose of this is to ensure that those parcels of land are afforded appropriate protection for their regionally significant environmental values, and could be purchased by the WAPC through the Metropolitan Region Improvement Fund (MRIF). The MRS Amendment is yet to be initiated by the WAPC.
Following a detailed examination of proposed Amendment 113 by the WAPC, the City received confirmation on 17 October 2023 advising that the amendment is suitable to be advertised, however, encouraged the City to undertake six modifications prior to commencing advertising. These six modifications are summarised in this FAQ below.
The Council, at its Ordinary Council Meeting on 12 December 2023, resolved to proceed to advertise Amendment 113 supporting three of the encouraged modifications and not supporting the other three. The Council also resolved to undertake representations to the WAPC to amend the MRS and reclassify land within the green link from Urban to Parks and Recreation, and to further advocate for government pre-funding for enabling infrastructure to minimise the infrastructure costs to the DCP and support the transition of the Residential Precinct.
Further detailed information regarding these modifications is available in the Ordinary Council Meeting - 12 December 2023 Minutes.
What are the next steps, and who decides what the final modifications are for the DCP?
While the City is required to consider the WAPC’s encouraged modifications, the modifications are not required at this stage (prior to advertising). Therefore, at this point in the process there is open for the City to accept or reject the suggested modifications prior to advertising. The Council has resolved to make three of the modifications and not make the other three modifications.
Following the advertising period, and subject to consideration of any submissions made, the amendment is referred to the WAPC who will recommend to the Minister for Planning to either approve the amendment with or without changes or to not approve the amendment. Should the Minister decide the amendment requires further modifications the Minister could also require the amendment be readvertised. In this event the finalisation of Amendment 113 could be delayed enabling further updates to the DCP and advertising to occur.
What is proposed to be included in the DCP?
The DCP provides for the collection of cost contributions to assist with the coordinated delivery of:
a) Upgrades to existing road infrastructure and delivery of new road infrastructure (roads and intersections);
b) Improvements to public open space (POS), although not all POS or green space shown on the plan has been
included (see below).
c) Coordinated stormwater drainage.
d) Land required to facilitate the delivery of the infrastructure (roads, POS, and drainage).
e) Administration costs.
The DCP has been prepared with the exclusion of land costs associated with Local Open Space within the ‘Green Link’, an ecological corridor generally along the northern side of Brand Road and connecting Poison Gully and an existing Bushforever site on Sultana Road West.
The rate applicable under the draft DCP is currently forecast to be $72.07/m².
What are the modifications that are “encouraged” by the WAPC and the Council’s response? a) Brae Street – Minor Infrastructure Items
This modification requires the removal of references and costs for minor infrastructure items relating to pram ramps, signage and traffic managements/overheads on Brae Street. The WAPC considered that these items did not meet the principles of need and nexus and that the cost could be borne by the developer at the subdivision stage.
This encouraged modification has been supported by the Council and is reflected in the draft Amendment 113 documentation.
Sultana Road West Apportionment
An administrative error was identified in the DCP Report which resulted in a duplication of the costs for the upgrade of this segment of Sultana Road West. The WAPC suggested that the DCP be modified to rectify the error prior to advertising.
This encouraged modification has been supported by the Council and is reflected in the draft Amendment 113 documentation.
Substitute Local Open Space Improvement Costs for Green Link LOS Land Acquisition Costs
The current draft DCP includes improvement costs for all Local Open Space (LOS) land within the HWS Precinct but does not include the land acquisition costs for the LOS land within the Green Link. In April 2023 the Council resolved to request the WAPC to amend the MRS for the LOS parcels within the Green Link from Urban to Parks and Recreation. The requested change to the MRS is due to the environmental values and connectivity through the Green Link, and the increasing apportionment costs to the DCP.
Since mid-2020 the WAPC has progressively acquired eight lots within the Green Link, all containing areas classified as LOS. Management arrangements established under the Residential Precinct LSP identified potential funds from the DCP being utilised for the acquisition of this land. The WAPC is seeking to recoup the costs associated with the purchase of these parcels of land by substituting the LOS land acquisition costs (only within the Green Link) with all the LOS improvement costs throughout the HWS Precinct. The WAPC has encouraged the City to seek alternative funding to meet the costs of LOS improvements, however, this is considered by the City to be impractical and inconsistent with the DCP Principles under the State Planning Policy 3.6. (SPP 3.6). This suggested substitution would place a substantial future burden on the City and local community, and potentially impact on the quality of open spaces in this community.
This modification was not supported by the Council.
List Drainage Infrastructure in POS Improvement Costs
This modification is an administrative change to list the drainage infrastructure costs under the LOS improvement costs in the DCP Report. The proposed change satisfies the provisions of SPP 3.6 which specifies that the development of POS includes drainage elements.
This encouraged modification has been supported by the Council and is reflected in the draft Amendment 113 documentation.
Identify LOS Improvement Items for Funding by Remaining LOS Allocations
The suggested modification is predicated on the encouraged modification to substitute LOS acquisition with improvement costs referred to in 5.3 above. In the circumstances that the encouraged substitution is not supported and does not occur this modification is considered not applicable.
This encouraged modification was therefore not supported by the Council.
Reduce Operational Period from 30 Years to 20 Years
Amendment 113 was initiated by the Council with a proposed 30-year operational period to reflect the scale and complexity of the development and infrastructure provision for the HWS Residential Precinct and the anticipated build out horizon. This timeframe was determined based on extensive analysis undertaken by the City. The WAPC encouraged modifications note the majority of the road infrastructure is identified as being required by 2041, and that time extensions could be applied for and granted, and therefore suggest a 20 year operational period. While this advice is correct, the implementation of the DCP would necessitate prefunding for the road infrastructure from the City, developer or other party who would need to be reimbursed as part of the operational life of the DCP. The suggested reduction of the DCP life would require prioritisation of road infrastructure over other items within the DCP. The reduction in the timeframe also introduces a degree of uncertainty for the delivery of all identified items. While extensions to the timeframe can be sought there is no guarantee that a future WAPC and Minister will agree to an extension beyond the 20 years should that be necessary.
This encouraged modification was therefore not supported by the Council.
How should I make a submission on the Amendment?
Regulation 40 of the Regulations stipulates the requirements for making a submission on a complex amendment (see below). It should be noted that any submissions that do not meet the criteria will not be considered.
Could the advertising of the Scheme Amendment without all the “encouraged” modifications cause delays to the introduction of the DCP and the development of the HWS precinct?
Yes, if the WAPC recommend to the Minister for Planning to require all of the encouraged modifications and the Minister supports this recommendation. The Minister could also require the amendment to be readvertised and the amendment would need to be updated for advertising and approval.
How will my property be impacted if it is one of the remaining designated LOS properties not yet purchased and the suggested modification is ultimately required by the Minister?
The City is mindful to ensure the WAPC, and the Minister, understands the Council’s position, and the issues potentially facing the property owners. The Council also resolved (OCM 12 December 2023) to request the CEO make representations to the WAPC to amend the Metropolitan Region Scheme, to reclassify areas identified as LOS on the High Wycombe South Residential Precinct LSP within the ‘Green Link’, from Urban to a Parks and Recreation Reserve. This will enable land classified as Parks and recreation under the Metropolitan Region Scheme to be purchased by the State through the Metropolitan Region Improvement Fund.
On the assumption that the suggested modifications not supported by the City are accepted by the WAPC/Minister how long before the amendment is finalised and the DCP operational?
Once advertised, Amendment 113 is required to be given due regard in making decisions on subdivision and development proposals. The final approved DCP becomes operational following gazettal of the Amendment 113. The timing around the finalisation of Amendment 113 remains uncertain given the nature of modifications under consideration.
What are the next steps?
Amendment 113 and the supporting draft DCP Report were considered at the Ordinary Council Meeting (OCM) on 12 December 2023. The following summarises the key outcomes regarding the next steps for the DCP:
1. Advertise the Amendment for a minimum period of 90 days.
2. Writing to landowners and stakeholders, publishing all documentation online and undertaking one on one or small group meetings and consultation during the advertising period.
3. Following the advertising period a further report to the Council will be prepared analysing and commenting on the submissions received during the advertising period with a recommendation on whether to proceed, with or without modifications.
4. Continue to advocate for the WAPC to initiate an amendment to the Metropolitan Region Scheme to reclassify all land within the ‘Green Link’ (an ecological corridor traversing the HWS Residential Precinct) as Parks and Recreation.
Where can I find out more or organise a meeting to discuss Amendment 113 and the draft DCP?
Documentation and information on the High Wycombe South project can be found at on the project page.
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If you have further queries please contact the City’s Strategic Planning Services during office hours on 9257 9999 or