Local Planning Policy 2.21 : R60 bonus in Mixed Use zone

Consultation has concluded.

On Wednesday 27 June 2018 the City of Fremantle Council gave its final approval to Local Planning Policy 2.21 R60 development under clause 4.2.5 of LPS4 by voting to support the policy with minor modifications to clarify the intent of the policy.


On Wednesday 27 June 2018 the City of Fremantle Council gave its final approval to Local Planning Policy 2.21 R60 development under clause 4.2.5 of LPS4 by voting to support the policy with minor modifications to clarify the intent of the policy. View the City's agendas and minutes here.

This policy provides guidance on the criteria against which impact on amenity will be assessed under Clause 4.2.5 of LPS4 in order to provide greater certainty and consistency of decision-making, and promote better built form and community outcomes.

A full copy of the final policy can be viewed on the City's planning policies page here.



Local Planning Policy 2.21 outlines some criteria for assessing amenity impacts under Clause 4.2.5 of the City’s Local Planning Scheme. The policy has been developed to provide clearer guidance to applicants and decision-makers and deliver better built form and community outcomes.


What is clause 4.2.5?

The local planning scheme provides for a discretionary increase in residential density to R60 under clause 4.2.5 if a site is located within a local centre, neighbourhood centre or mixed use zone. The development application must propose ‘mixed use development’ as defined in the City’s local planning scheme and not be 'detrimental to the amenity of an area'.

Please note: Clause 4.2.5 currently exists in the City's planning Scheme. This policy does not change clause 4.2.5. Please see below and read the draft proposed policy in the document library for the proposed policy.


Why was the policy proposed?

Several recent development applications reliant upon clause 4.2.5 to obtain approval have demonstrated the challenges associated in determining whether a proposal is detrimental to the amenity of an area and the subjective assessment required. Of particular concern has been the assessment of impact on adjoining properties. Adjoining property owners often object to aspects of higher density development and for whom the requirement that proposals be ‘not detrimental’ generates a very different expectation than that interpreted by proponents. Greater clarity is therefore required on how discretion may be exercised under this part of clause 4.2.5, including guidance on the amenity considerations. This will allow proposals to be assessed consistently and expectations communicated clearly to all stakeholders.

What is a density coding?

Residential density codes are statutory planning controls which relate to the density (number of dwellings or floorspace per hectare) at which residential development may occur in a given area. As well as controlling the number of dwellings allowed on a site, varying development standards such as building height and setbacks apply to each coding.

The height of proposed development would be in line with Schedule 8 of the City's local planning scheme

What does the new policy say?

Local planning policy 2.21 has the following key elements:

  • Recognise that mixed use zones and local/neighbourhood centres have potential to accommodate higher density and intensity, but within which new development should acknowledge and be respectful of existing / traditional development as part of a responsible evolution.
  • Stipulate that the deemed-to-comply standards (excluding site area) of the base density are acceptable as a starting point for R60 development.
  • Where the base code deemed-to-comply standards are not met, consider variations up to the R60 coding only where assessed to not be detrimental to the surrounding area based on a series of considerations as set out in the policy relating to the impact on amenity; including impact on streetscape, heritage character, neighbour amenity, traffic and safety, impact on trees and quality of the built environment.
  • Stipulate some specific requirements / expectations in regards to commonly contested aspects including that plot ratio in excess of the deemed-to-comply standard for R60 will not be supported.
  • Require a site context assessment to accompany any proposal seeking an increase in density beyond the base coding.



On Wednesday 27 June 2018 the City of Fremantle Council gave its final approval to Local Planning Policy 2.21 R60 development under clause 4.2.5 of LPS4 by voting to support the policy with minor modifications to clarify the intent of the policy. View the City's agendas and minutes here.

This policy provides guidance on the criteria against which impact on amenity will be assessed under Clause 4.2.5 of LPS4 in order to provide greater certainty and consistency of decision-making, and promote better built form and community outcomes.

A full copy of the final policy can be viewed on the City's planning policies page here.



Local Planning Policy 2.21 outlines some criteria for assessing amenity impacts under Clause 4.2.5 of the City’s Local Planning Scheme. The policy has been developed to provide clearer guidance to applicants and decision-makers and deliver better built form and community outcomes.


What is clause 4.2.5?

The local planning scheme provides for a discretionary increase in residential density to R60 under clause 4.2.5 if a site is located within a local centre, neighbourhood centre or mixed use zone. The development application must propose ‘mixed use development’ as defined in the City’s local planning scheme and not be 'detrimental to the amenity of an area'.

Please note: Clause 4.2.5 currently exists in the City's planning Scheme. This policy does not change clause 4.2.5. Please see below and read the draft proposed policy in the document library for the proposed policy.


Why was the policy proposed?

Several recent development applications reliant upon clause 4.2.5 to obtain approval have demonstrated the challenges associated in determining whether a proposal is detrimental to the amenity of an area and the subjective assessment required. Of particular concern has been the assessment of impact on adjoining properties. Adjoining property owners often object to aspects of higher density development and for whom the requirement that proposals be ‘not detrimental’ generates a very different expectation than that interpreted by proponents. Greater clarity is therefore required on how discretion may be exercised under this part of clause 4.2.5, including guidance on the amenity considerations. This will allow proposals to be assessed consistently and expectations communicated clearly to all stakeholders.

What is a density coding?

Residential density codes are statutory planning controls which relate to the density (number of dwellings or floorspace per hectare) at which residential development may occur in a given area. As well as controlling the number of dwellings allowed on a site, varying development standards such as building height and setbacks apply to each coding.

The height of proposed development would be in line with Schedule 8 of the City's local planning scheme

What does the new policy say?

Local planning policy 2.21 has the following key elements:

  • Recognise that mixed use zones and local/neighbourhood centres have potential to accommodate higher density and intensity, but within which new development should acknowledge and be respectful of existing / traditional development as part of a responsible evolution.
  • Stipulate that the deemed-to-comply standards (excluding site area) of the base density are acceptable as a starting point for R60 development.
  • Where the base code deemed-to-comply standards are not met, consider variations up to the R60 coding only where assessed to not be detrimental to the surrounding area based on a series of considerations as set out in the policy relating to the impact on amenity; including impact on streetscape, heritage character, neighbour amenity, traffic and safety, impact on trees and quality of the built environment.
  • Stipulate some specific requirements / expectations in regards to commonly contested aspects including that plot ratio in excess of the deemed-to-comply standard for R60 will not be supported.
  • Require a site context assessment to accompany any proposal seeking an increase in density beyond the base coding.