Planning Controls and Reviews

Local Planning Framework - Town of Cottesloe

Local Planning Strategy

For information regarding the Local Planning Strategy, visit Strategic Planning.

Local Planning Scheme No 3

The Town of Cottesloe Local Planning Scheme No.3 (LPS3) governs development throughout the Town of Cottesloe, having the same statutory status as a Local Law. LPS3 governs zoning and land use, in addition to development requirements within each zone. Zoning throughout the Town can be viewed from the LPS3 map below.

Local Planning Scheme 3 - Town of Cottesloe - Scheme Text (Updated September 2022 to include reference to the Deemed provisions)
Local Planning Scheme 3 - Town of Cottesloe - Scheme Text (Gazetted copy)
Local Planning Scheme No. 3 - Map
Town of Cottesloe - Intramaps
Deemed provisions for Scheme Text

The Planning and Development Act (Local Planning Schemes) Regulations 2015 came into operation on 19 October 2015. Schedule 2 - Deemed provisions for local planning schemes of the Regulations is a set of mandatory provisions containing standardised procedures for all local planning schemes. The deemed provisions now form part of, and are to be read in conjunction with, the existing Scheme Text above. The deemed provisions replace various provisions of the Scheme Text and prevail where there is any inconsistency, while provisions of the Scheme Text which are not inconsistent with the deemed provisions continue to apply.

Report of Review of Local Planning Scheme No.3

In accordance with regulation 65 of the Planning and Development (Local Planning Schemes) Regulations 2015, the Town has undertaken a Report of Review on the functions of its Local Planning Scheme No.3. The Report of Review is effectively an assessment of the operation of the Town’s Local Planning Scheme No.3 and Local Planning Strategy. The Report of Review examined key changes, challenges and opportunities experienced since the adoption of these planning instruments in 2012 and 2014 respectively and considered what is working well and what areas require attention.

At the Ordinary meeting of Council on 23 November 2021, Council resolved to approve the Report of Review and to forward it to the Western Australian Planning Commission for consideration and agreement of the recommendations. The Report of Review recommended that a new Local Planning Scheme should be prepared and the Town of Cottesloe Local Planning Scheme No. 3 should be repealed upon the approval of the new scheme. It also recommended that the current Town of Cottesloe Local Planning Strategy should be reviewed and revoked once a new Local Planning Strategy is prepared and approved.

Attached is a link to the Report of Review that has been considered by the Western Australian Planning Commission (WAPC). On 3 August 2022 the Town received confirmation from the WAPC (refer attached link to letter) that it has considered the Report of Review of Local Planning Scheme No.3 and agrees with the recommendations of the report.

Please be advised that a copy of each of the documents is available for viewing at the Town’s Administration office (109 Broome Street, Cottesloe).

Proposed Amendments to Local Planning Scheme No 3

Scheme Amendment 12: 7-11 Station Street, Cottesloe – currently on advertising until 10 October 2022.

Summary of Scheme Amendments:

Amendments to Local Planning Scheme No.3 - Town of Cottesloe

Amendment No.	Gazetted	Details
	1 Aug 2014	New Local Planning Scheme 3
1	24 Mar 2015	To provide Council with guided discretion for height variations in relation to existing dwellings and heritage buildings as specified in particular provisions.
2	29 May 2015	To amend the Scheme Map and Schedule 15 in the Building Control Diagrams to correct anomalies in the zoning and development requirements applicable to Lots 101-103 Eileen Street.
3	14 Jul 2015	Amend wall height for single storey buildings, so design is not unduly constrained.
4	27 May 2016	Amend the Scheme Text to exclude roof terraces from being counted as open space in residential developments in certain circumstances.
5	27 Oct 2017	To amend the residential density for Lots 24 and 25 corner Railway and Congdon Streets from R20 to R60; and to insert associated provisions for the land in Schedule 2: Additional Uses and Schedule 12: Special Provisions.
6	4 Nov 2016	To amend the Scheme Text to introduce some additional discretion in relation to the residential building height controls.
7	13 Jul 2018	Amending the Scheme Text to refine a particular provision in relation to residential building height in clause 5.3.5 in its second paragraph.
8	16 Jun 2020	To amend the Scheme Text and Map to reflect Amendment 1210/41 to the Metropolitan Region Scheme (MRS) and enable the Stirling Highway Rationalisation and extend zoning to adjacent land.
9	11 Dec 2019	Amend the Scheme Text to allow for six storey development and insert a new subclause 3(b) under Schedule 15 for Lot 92 Marine Parade, Cottesloe (Seapines Site).
10	29 Nov 2019	Amend the Scheme Text and Map to include an Additional Use of "Medical Centre" for Lot 50 No.36 Eric Street, Cottesloe.
11	19 Jan 2021	To amend the Scheme Text and Map to include an Additional Use of "Short Stay Accommodation" and "Community Purpose" for Lot 400 No.24 Jarrad Street, Cottesloe ("John Curtin House").

State Planning Policy 7.3 - Residential Design Codes

The Residential Design Codes ("R-Codes") form part of Local Planning Scheme No. 3, as referred to therein. The R-Codes govern and influence the design of residential development throughout Western Australia based upon residential density. The R-Codes is a State Planning Policy applied to all local planning schemes. They are contained in a separate publication as an adjunct to the Scheme.

Local Development Plans

Master Plans

Local Planning Policies

The Town of Cottesloe has Local Planning Policies that need to be consulted for planning applications. It is recommended that the policies are viewed before completing an application.

LPS3 - Local Planning Policy No 1 - Parking Matters Policy

This Local Planning Policy deals with particular parking matters under Local Planning Scheme No. 3 (LPS3) to supplement Scheme provisions.

The Scheme contains certain parking provisions that involve discretion and require a policy to become operative, which this Policy addresses. Other Scheme provisions regarding parking, including any discretion, operate directly as part of the Scheme.

All of the Town's other policies can be accessed from the Policies page here.

Design Guidelines

Similar to Policies, Design Guidelines are made in accordance with Schedule 2 - Deemed provisions for local planning schemes of the Planning and Development Act (Local Planning Schemes) Regulations 2015. Design Guidelines are for the purposes of:

providing more detail to guide the planning and design of development proposals; and
providing a basis on which the Council may exercise its discretion on the design aspects of development proposals.

Town and Local Centres Design Guidelines: These guidelines apply to three specific areas of the municipality:

The Town Centre (zoned "Town Centre");
The Eric Street Local Centre (zoned "Local Centre");
The Railway Street Local Centre (zoned "Local Centre").

Restricted Foreshore Centre Zone Design Guidelines for Setbacks: These guidelines prescribe minimum boundary setbacks in the Restricted Foreshore Centre Zone.

Reviews

Appeals

On application, the decision of the Town of Cottesloe in relation to any development application or subdivision/strata application may be reviewed by the:State Administrative Tribunal

Level 6, 565 Hay Street (Reception and Counter) PERTH WA 6000

Review Application Forms (State Administrative Tribunal site)