Category: Uncategorized

Many people will be well aware that the long anticipated updates to Part 6 of the R-Codes have been in incubation for quite some time now. On Friday 24 May 2019, State Planning Policy 7.3: Residential Design Codes Volume 2 – Apartments will become operational. This is a policy for apartments and mixed-use developments which focuses on improved design outcomes for apartments, and will replace Part 6 of the existing R-Codes.

Volume 2 of the new R-Codes will provide a far more comprehensive (and some will argue a far more complex) guiding document for design and assessment of ‘apartments’ in this sector. Clearly this is in response to broad concerns in the community about the quality and appropriateness of some built form that has emerged in recent years. There is plenty of further information available on the complete suite of changes that fall under the umbrella of ‘DesignWA’ which can be accessed online at: https://www.dplh.wa.gov.au/designwa

Proponents considering or preparing applications that will be affected by the new R-Codes should not assume there is nothing to be wary of if they lodge such an application before the implementation date. To the contrary, any application in the system and not yet determined by 24 May will be considered and assessed against the new R-Codes. In addition, any decision on an application under review at SAT will also be affected by the implementation date. A decision-maker will not retrospectively have regard to the framework at the lodgement date.

Altus Planning’s advice to clients is that from this point forward, any new application should be prepared on the basis that the new R-Codes will come into effect before a decision is likely to be made and therefore will be subject to the new requirements.

Many local government decision-makers still struggle with understanding the relationship between the ‘deemed-to-comply’ provisions versus the ‘design principles’ in applying the Residential Design Codes (R-Codes) to development proposals. Altus Planning successfully sought the approval of a three storey dwelling in City Beach which the Town of Cambridge refused arguing that it was an overdevelopment due to the cumulative impact of a number of ‘variations’ to the deemed-to-comply provisions.

The Tribunal’s oral decision that was handed down on 5 October made clear that just because a proposal does not meet the deemed-to-comply provisions and therefore must be assessed against the design principles, this is not of itself a ‘variation’ to the R-Codes.

For more information, you are welcome to contact our Director, Joe Algeri, who was agent in this matter or Ben Laycock, Senior Planner who provided expert planning evidence.

Providing representation and expert evidence for an applicant at the State Administrative Tribunal, Altus Planning successfully sought the approval of three multiple dwellings and a 25 person restaurant without on-site parking in the City of Fremantle.

The Tribunal handed down its oral decision on 9 August 2018 and we were successful in all five issues for determination. The Tribunal observed that the City’s Local Planning Scheme No. 4 is unique amongst those in the State in so far as there are incentives for reduced parking for developments in particular locations. Working together with Sam Laybutt from Cardno, we convinced the Tribunal that having regard to the scale and the particular location of the development, there would be no expectation for on-site parking and more importantly, there would be no adverse impact on the street parking currently available in the immediate locality.

The case highlighted that even with more progressively minded local governments such as the City of Fremantle, objections from neighbours and residents can impact the decision making by the elected members notwithstanding the virtues of urban centres which are well serviced by public transport and favour pedestrian and bicycle movements.

For more information on this matter, you are welcome to contact our Director, Joe Algeri, direct.

Last week, Altus Planning bid farewell to Josh Arnott after 3 years of dedicated service. We wish Josh all the very best as he embarks on his new venture in the local government space.

We are also excited to announce that Xiao-Ling Chong has been promoted from Planning Assistant to Town Planner and has commenced working on a part-time basis. Xiao-Ling has recently completed her undergraduate degree in Urban and Regional Planning at Curtin University and will assist our team with the research and preparation of Tribunal documents, as well as preparing and managing development and subdivision applications. Xiao-Ling is also likely to answer the phone next time you call.

The team at Altus Planning are pleased to announce that we have recently received conditional approval from the Western Australian Planning Commission for two subdivisions resulting in 30 lots in what is part of an exciting and rapidly growing sector of the south-east corridor of the metropolitan area.

Whilst applications for review (appeals) remain a strong focus of Altus Planning, we also provide the regular suite of town planning services including the preparation of structure plans and subdivision design. We welcome your next enquiry.