FAQs

Draft Local Planning Policy 32 (LPP32) was approved for public advertising by Council at its Ordinary Council Meeting (OCM) of 22 November 2022. It was subsequently advertised between 10 December 2022 and 4 February 2023.

In considering feedback from the community during formal advertising and an internal review of draft LPP32, the policy has undergone thorough assessment and re-work. 

Given the level of modifications proposed and to enable additional feedback from the community, a revised draft LPP32 has been prepared and will be out for public consultation following Council’s endorsement to re-advertise.

The policy seeks to provide guidance to both the Town and developers, when developers are seeking to provide community benefits in exchange for consideration of performance-based assessments for plot ratio and building height. This will assist decision makers in assessing the use of and exercising of discretion in such circumstances.

The policy further establishes the Town’s position regarding development incentives for community benefit and defines community value, linking benefit incentives to Council’s endorsed Community Needs Analysis (CNA), and the delivery of community benefit projects and initiatives.

Discretion is currently being applied across Western Australia with respect to building height and plot ratio, with or without a local planning policy guiding development incentives for community benefits. 

LPP32 does not introduce any new application or approval pathway in which additional height or plot ratio can be introduced; it merely seeks to further clarify with guidance, what the Town of Mosman Park deems to be important and prioritised with respect to contributions proposed by developers within the existing applicable and currently functioning planning framework. 

There are no bonus heights or plot ratio bonuses proposed in LPP32 that are not already in application through the state planning framework and subsequently embedded into the Town’s Local Planning Scheme No.3.

The Town is not selling density. Each land parcel, as applicable, has a respective density coding. Discretion to vary the development provisions relevant to the density coding already exists within the WA planning framework.

It is up to the developer to propose and convince assessors/the Town and decision makers that the benefits proposed are tangible and needed. It does not merely echo the design elements; it elaborates and expands on them to provide a localised response using the planning guidance in the state planning policy. 

No. LPP32 as a community benefit contribution plan is not a Development Contributions Plan (DCP). A DCP is an established planning tool, embedded within a local planning scheme, and used to fund the provision or upgrade of essential civil and/or community infrastructure via direct demand from population growth and new development.

For significant development, usually with a value over $2million the development application would generally be lodged with the Development Assessment Panel which is a state government approval authority https://www.wa.gov.au/organisation/department-of-planning-lands-and-heritage/development-assessment-panels This pathway is subject to Planning Reform measure which may see changes in terms of lodgement criteria, how many panels and permanent appointees.

For larger or state significant projects the State Development Assessment Unit or SDAU was established during the Covid Pandemic. There are a number of applications which still remain in the system which have yet to be determined. https://www.wa.gov.au/organisation/department-of-planning-lands-and-heritage/state-development-assessment-unit-applications 

The Town will continue to receive development applications where building height and plot ratio discretion is sought. We will not, however, have localised guidance with regards to the Town negotiating community benefits. The benefit of LPP32 is that the Town will be in a better position to negotiate with developers within a framework and priority, as informed by the community.

Revised draft LPP32 would only apply to the following areas:

1. For sites within the Scheme Area which are subject to State Planning Policy 7.3 R Codes Volume 2 (Apartment Design Guidelines) and/ or

1. For sites within the Scheme Area which are subject to State Planning Policy 7.2 Precinct Design.

This essentially refers only to those areas with a density coding of R80 and above, and those that are designated as in a Precinct as prescribed in State Planning Policy 7.2 Precinct Design