FAQs

Following the expiry of the Minim Cove Outline Development Plan in October 2025, the Town is proposing to modify/revoke two local planning policies that were originally written to support it:

·       LPP3 – Minim Cove Estate Design Guidelines (Modify)

·       LPP11 – Design Guidelines and Local Development Plan (Lot 200 McCabe Street) (Revoke)

The proposed modifications to LPP3 and revoking LPP11 will remove provisions of the policies that originally referenced previous planning controls that expired in October of 2025.  LPP3 will retain provisions relating to maximum building height to reflect the legal agreements (restrictive covenants) that exist on properties within the Minim Cove area.

As these policies reference planning documents that no longer exist, they need to be updated or removed. This is part of the Town's broader effort to keep our planning framework clear, current, and consistent across the whole community.

Some of the current policy provisions are also now outdated and can make the planning process more complicated than it needs to be.

This change is about simplifying the rules and ensuring everyone is working from the same, up-to-date framework.

Moving forward, development in Minim Cove will primarily be guided by the Town’s current planning scheme and the Residential Design Codes - just like the rest of the community.

The expiry of both documents was set into State Planning legislation and took effect in October 2025. The Town asked the State Government to extend the ODP so it could continue to guide development in Minim Cove, but that request was unfortunately not granted. 

As for the Tuttlebee Terrace LDP, the area it covered has already been primarily fully developed, so extending it was not considered necessary. 

Overall, this means both policies have naturally run their course and are no longer required in their current format.

Once the LPPs have been modified or revoked, the Town will primarily use the State Government’s Residential Design Codes (R-Codes) for assessing new development applications in Minim Cove. 

Building height in Minim Cove will continue to be controlled through a modified LPP3, ensuring the planning framework remains consistent with the legal agreements (restrictive covenants) already on property titles throughout the area.

The R-Codes are the standard for residential design across all of Western Australia and offer two assessment pathways:  

• Deemed-to-comply - a straightforward pathway for proposals that meet set requirements.
• Design Principles - a more flexible pathway that allows for high quality design outcomes where a proposal varies from the standard requirements. Together, these pathways allow the Town to maintain the character and quality of Minim Cove that residents have come to expect, while keeping the planning process clear and consistent.

The restrictive covenant is a separate legal tool that exists independently of the Town’s planning policies. It was put in place to protect the amenity and character of Minim Cove.  

A restrictive covenant continues to apply regardless of changes to planning policies. This covenant was put in place when the estate was originally developed. To make sure the Town's planning framework aligns with the covenant, the 8.5m height limit will be retained within a modified LPP3. This helps maintain the look, feel, and amenity of the area, including building scale and views, as originally intended. By ensuring that height limits remain consistent, it gives residents ongoing certainty about what can be built around them.

No action is required from homeowners. The restrictive covenant is already registered on your title. The updates to the LPP simply ensures that the Town assesses new planning applications in a way that is consistent with the restrictive covenants.

By maintaining the 8.5m height limit through the covenant and policies, the Town is ensuring that the primary design feature of the estate, being protected views and consistent scale, is maintained, providing certainty for all residents.

The Town will assess any application in accordance with the requirements of the R Codes and height controls of the policies. Any non-planning related matters that sat within the local planning policy will no longer be assessed. It is questionable as to what degree or authority the Town had in assessing matters that did not fall within the jurisdiction of the Planning and Development Act. A good example is the approval of garden bores, which is not something the Town has the power to regulate through the planning system.