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Local Planning Scheme and Local Planning Strategy

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Local Planning Scheme and Local Planning Strategy

Local Planning Scheme No. 23

Local Planning Scheme No. 23 (LPS 23) applies to the entire Shire and is the primary statutory planning instrument against which development is guided and controlled. LPS 23 was gazetted on 19 February 2010.

LPS 23 provides clear, concise and current planning controls to guide future development and to best serve the needs of the community. The aims of LPS 23 are to:

  • ensure there is a sufficient and sustainable supply of serviced and suitable land for housing, commercial activities, community facilities, recreation and open space;
  • support such expansion as is consistent with the provision and improvement of infrastructure, services and facilities;
  • provide for a range of accommodation choices that meet the needs and aspirations of the community;
  • provide for convenient, attractive and viable commercial areas and tourist facilities to serve the needs of the residents and visitors;
  • encourage the development of businesses that will strengthen the economic base of the central business district;
  • ensure the use and development of land does not result in significant adverse impacts on physical and social environment;
  • promote the sustainable use of land for agriculture, forestry and aquaculture whilst accommodating other compatible rural activities;
  • protect the agricultural areas from inappropriate development and intrusion by urban and semi-rural uses;
  • protect the amenity and enhance the quality of urban, rural and coastal environments;
  • protect and enhance the environment and natural resources, including waterways and wetlands, of the local government district;
  • protect remnant vegetation;
  • protect local public drinking water supply areas from inappropriate development; and
  • protect objects and places of outstanding natural, historic, architectural, scientific and cultural significance.

 

LPS 23 is complemented by a suite of Local Planning Policies (LPPs) that seek to provide the Council, Planning Services staff and the community with direction on those matters where the local government may exercise discretion.

Local Planning Scheme No. 23 (text and maps) can be downloaded from the Western Australian Planning Commission’s website – www.planning.wa.gov.au.

Local Planning Scheme No. 23 - List of Scheme Amendments
Amendment Number Details of Amendment Date Initiated by Council Current Status Relevant Document
1. Minor Omnibus 23 March, 2010 Amendment approved in Government Gazette on 31 December, 2010 Amendment Report
2.

Rezoning of Lot 64 Bandy Creek Road, Bandy Creek from "Agriculture - General" to "Special Use"

23 March, 2010 Awaiting modifications to Scheme Amendment report to facilitate referral to EPA for consent to advertise Amendment Report
3. Rezoning ptn of Lot 250 Hockey Place, West Beach to "Residential R12.5/R20" 23 March, 2010

Final approval granted by Hon Minister for Planning on 7 December, 2010

Rezoning took effect on 14 December, 2010 - being the date notification appeared in the Government Gazette

Amendment Report
4. Rezoning of Lot 408 Yallambee Road, Myrup from "Agriculture - General" to "Rural Residential" 27 April, 2011 Refused by the Hon Minister for Planning effective 22 August, 2012 Amendment Report
5. Amendment not proceeded with. - Amendment not proceeded with -
6. Rezoning of Lot 16 Sampson Street and Lots 2 and 29 Thomas Street, Monjingup from “Agriculture – General” to “Industry – General” 28 September, 2010

Adopted by Council in April 2011

Rezoning took effect on 22 November, 2011 - being the date notification appeared in the Government Gazette

Amendment Report
7. Rezoning of Lot 200 Orleans Bay Road, Condingup from the "Agriculture - General" zone to the "Rural Residential" zone and incorporate appropriate Special Provisions within Schedule 5 - Rural Residential Provisions 28 June, 2011 Consent not given to advertise -
8. Minor Omnibus 22 March, 2011

Adopted by Council in August 2011

Amendment took effect on 27 January, 2012 - being the date notification appeared in the Government Gazette

Amendment Report
9. Rezoning of Lot 2 Coolgardie Esperance Highway Monjingup from "Agriculture - General" to "Rural Smallholdings" 27 April, 2011

Adopted by Council in August 2011

Rezoning took effect on 13 January, 2012 - being the date notification appeared in the Government Gazette

Amendment Report
10. Rezoning of Lots 145-148 Phyllis Street & Lots 239-242 Daphne Street, Castletown from "Residential R20" to "Residential R30" 27 April, 2011

Adopted by Council in August 2011

Rezoning took effect on 27 October, 2011 - being the date notification appeared in the Government Gazette

Amendment Report
11. Modifying Rural Residential 2 (RR2) provisions by supporting subdivision of lot 9501 (formerly part of already subdivided lot 775) where it is consistent with an outline development plan approved by the Shire of Esperance and endorsed by the Western Australian Planning Commission 24 July, 2012 Amendment approved in Government Gazette on 24 May, 2013 Amendment Report
12. Rezoning of Lots 1 and 5 Wharton Road, Condingup from 'Tourism' to 'Special Use' 27 November, 2012 Refused by the Hon Minister for Planning on 27 September, 2013 Amendment Report
13. Rezoning of Lot 100 Coolgardie-Esperance Highway from "Agriculture - General" to "Rural Smallholdings" 24 July, 2012 Amendment approved in Government Gazette on 24 May, 2013 Amendment Report
14. Major Omnibus 25 June, 2013 Amendment approved in Government Gazette on 5 December, 2014

Amendment Report - Original

Amendment Report - Revised

15. Rezoning of Flinders Commercial Area to Residential 26 March, 2013 Amendment approved in Government Gazette on 4 February, 2014 Amendment Report
16. Major Omnibus 23 July, 2013 Amendment approved in Government Gazette on 11 March, 2014 Amendment Report
17. Rezoning of Lot 2 Sinclair Street, Castletown from "Residential" to "Industry - Business" 24 June, 2014 Amendment approved in Government Gazette on 8 April, 2016 Amendment Report
18. Rezoning from 'Agriculture - General' to 'Special Use' 24 February, 2015 Refused by the Hon Minister for Planning on 7 January, 2016 Amendment Report
19. Major Omnibus 28 July, 2015 Awaiting advice from Department of Planning Amendment Report
20. Minor Omnibus 27 January, 2016 Amendment approved in Government Gazette on 12 August, 2016 Amendment Report
21. Additional Use - Caravan Park, Lot 4 Warden Road, Chadwick   Advertising for public comment until 21 October, 2016 Advertisement

Moratorium - Amendments to Local Planning Scheme No. 23

A moratorium has been placed on any future amendments to rezone the Shire of Esperance Local Planning Scheme No. 23 in order to avoid any potential delays to the finalisation of Local Planning Scheme No. 24.

Local Planning Strategy

The Shire of Esperance Local Planning Strategy (Strategy) guides the management of population growth, land use planning and development over a 10 to 15 year period, to balance the needs and expectations for varying lifestyles, economic and community development of the Shire and to ensure appropriate management of the built and natural environment that makes the Shire of Esperance a unique place to live.

The Strategy consists of both written text and maps, illustrating the future direction for growth and land use within the Local Government area. The Strategy provides the basis for the zoning and provisions of the Shire of Esperance Local Planning Scheme No. 23 (LPS 23). LPS 23 provides the statutory framework to achieve the vision and strategies of the Strategy. The Strategy, however, does not form part of the LPS 23. Although the Strategy does not form part of the LPS 23, the Council and the State Government (e.g. Department of Planning, Western Australian Planning Commission, the Minister for Planning and the State Administrative Tribunal in particular) are required to have due regard to the direction set by the Strategy when considering applications for development, subdivision or amendment to the Scheme, as the Strategy is the basis upon which the local content associated with the statutory provisions of the LPS 23 has been developed.

The Strategy was endorsed and took effect on 4 February 2010.

Draft Local Planning Strategy

The Draft Local Planning Strategy is now being advertised for public comment, see the Public Advertisement of Planning Proposals page for further information.

Moratorium - Amendments to Local Planning Scheme No. 23

A moratorium has been placed on any future amendments to rezone the Shire of Esperance Local Planning Scheme No. 23 in order to avoid any potential delays to the finalisation of Local Planning Scheme No. 24.

For additional information or assistance, contact Planning Services on (08) 9071 0676 or call in to the Shire Administration Building on Windich Street.