Armadale Redevelopment Amendment Regulations 2006 (WA)

5 April 2007 GOVERNMENT GAZETTE, WA 1525

Regulations 2006.

AB301*

Armadale Redevelopment Act 2001

Armadale Redevelopment Amendment

Regulations 2006

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Armadale Redevelopment Amendment

1526 GOVERNMENT GAZETTE, WA 5 April 2007

2.            The regulations amended

The amendments in these regulations are to the Arinadale
Redevelopment Regulations 2003*.

[* Published in Gazette 29 August 2003, p. 3834-9.

For amendments to 25 July 2006 see Western Australian Legislation Information Tables for 2005, Table 4, p. 24.1

3.            Regulation 2 amended

(1) Regulation 2(1) is amended as follows:

(a) by deleting paragraphs (d) and (e) and the or" after

paragraph (e) and inserting instead -

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(d) the use of land, or any work on land, by the Authority, that where the land is held by the Authority or a public authority, providing the

use or work complies with subregulation (2a);

(e)	the carrying out of any work on any building or structure if that work does not materially affect the external appearance of the building and is
not related to a change of use, except where the building or structure -

(i)     is located in a place that has been entered in the Register of Heritage Places under the Heritage of Western Australia Act 1990; or

(ii)     is the subject of an order under the Heritage of Western Australia Act 1990 Part 6; or

(iii)     is included within a heritage strategy prepared and adopted under the Scheme clause 9.1;

(b) at the end of paragraph (0 by deleting "applies." and	inserting instead -
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applies;

(g) the extension of a single house on a lot, or the

erection of an outbuilding of less than
60 square metres in floor area, or the
construction of a swimming pool, except where
the extension, erection or construction -

(i)     requires the exercise of the Authority's discretion to vary the provisions of the R-Codes; or

(ii)

will be located on land included within under the Scheme clause 9.1; or

5 April 2007 GOVERNMENT GAZETTE, WA 1527

(iii) will be located on land affected by, or
within, the "management area" within
the meaning of that term in the Swan

River Trust Act 1988;

(h) a home office, as defined by the Scheme clause 2;

(i)     any works or activities that are temporary and are in existence for less than 48 consecutive hours, or such longer time as may be agreed by the Authority on a case by case basis;

(j)	the erection, maintenance or alteration of a boundary fence or wall, if the proposal does not require the Authority to exercise its discretion under the Scheme or the R-Codes;
(k)	minor filling, excavation or re-contouring of land, provided there is no more than a 0.5 m change to the natural ground level, which change is to include any sand pad or site works associated with building development.

(2) After regulation 2(2) the following subregulation is inserted

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(2a) For the purposes of subregulation (1)(d) —

(a)	the use or work must be categorised as permitted pursuant to the Scheme clause 6.2; and
(b)	the use must be permitted without requiring the exercise of the Authority's discretion under that clause.

(3) Regulation 2(3) is amended by inserting in the appropriate

alphabetical positions

44 "R-Codes" means the Residential Design Codes set

out in provisions of the Statement of Planning
Policy No. 1 State Planning Framework Policy
continued by the Planning and Development

Act 2005 section 25;

"Scheme" means the Armadale Redevelopment

Scheme 2004;

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.