Rarely a Dull Moment – Heritage, Planning, Pavements, Pollution

We here at Shipping News are astonished.

Two hours and eight minutes. For an agenda this size. Six of the reports were passed en-bloc (“as a whole : in a mass”, as defined by Merriam Webster dictionary), which means that they were swiftly adopted without discussion or debate. One big item was deferred. It took longer for me to write about it than it did to watch the meeting!

Must have been in a hurry to get home before the storm hit, leaving many stunned report writers in their wake as the decisions sailed through. You simply never know what will hit the spotlight. There were a few absent councillors as well due to sickness thanks to the flu season sweeping through the port city. Yours truly writes this as a fellow sniffly invalid.

This marks one of the final meetings before the shutdown kicks in for Council caretaker period from around early September. Only business as usual, including development applications, will be progressed during that time. Which means that this particular night, perhaps, is one of the most exciting of the year as we see as many items squeezed into the agenda as possible!

ADOPTION OF AMENDED SOUTH FREMANTLE HERITAGE AREA, INDIVIDUALLY LISTED PROPERTIES, AND HERITAGE-RELATED LOCAL PLANNING POLICIES

This item will be deferred to the next meeting of Council due to an unfortunate mix of councillors either being absent due to sickness or unable to vote due to having a personal interest in the area.

The culmination of years of hard work to review the South Fremantle Heritage Area in accordance with the relatively new Heritage Act WA 2018, as readers might recall from the last time this item was reported on a few months back.

In summary, the boundaries of the South Fremantle Heritage Area are proposed to be shifted to better reflect the extent of historic patterns of development within the area (which still includes part of Beaconsfield). Meanwhile, a series of places identified as contributing to the heritage significance of the area via a “street by street, place by place” survey will now be formally recognised and protected.

Engagement for the project commenced in 2023. At that time, City staff endeavoured to:

• Learn what is important to the South Fremantle community about their heritage;
• Collaborate with the community to inform shared understanding about local heritage places via documentary evidence and other sources;
• Educate the community about local heritage.

This, coupled with extensive research, provided a foundation for the project to build upon.

All the 900+ contributory places will now be clearly listed within a new policy as well to aid in identification. This tends to capture historic built form mainly from the late 1800s (approaching the Federation era of Australia) to the mid-1940s (post-World War II), although there are examples outside of this timeframe that have also been included for their representativeness. That in itself is an interesting topic as it provokes the question of whether the post-war era was significant for South Fremantle? An era when car ownership established itself much more strongly and influenced how we design our streets, an enduring legacy. I think we’ve just answered the question.

This process is accompanied by the review of various heritage planning policies, and related policies, to clarify what is expected when a proposal affecting a heritage place is lodged with the City. The most comprehensive change being the review of Local Planning Policy 3.6 – Heritage Protected Places, Built Form and Land Use, which provides a compendium of design requirements and explanation contemplating various development scenarios for heritage sites. At over eighty pages in length, it is a substantial body of work.

The upgrade of that particular policy (which previously only related to Heritage Areas, not inclusive of Hilton at the time) and the others means that it is possible now to retire the following policies and thus simplify the policy framework for City officers and applicants:

• LPP 2.5: External Treatment of Buildings;
• LPP 2.7: Archaeological Investigation as a Condition of Planning Approval;
• LPP 2.20: Discretion to Vary Local Planning Scheme Site or Development Requirements for Heritage Purposes; and
• LPP 3.7: “Hilton Garden Suburb Precinct” Heritage Area Local Planning Policy

In respect to what is exempt from requiring planning approval within a Heritage Area, amendments have been introduced to exempt works within Heritage Areas “only where they do not impact the original building exterior” which includes amending the following to make it clear that the following are only exempt where they comply with LPP 3.6:

• Single storey side and rear additions (single and grouped dwellings)
• Interior of buildings in a Heritage Area
• Modification of openings
• New outbuildings to Level 3 heritage-listed places
• Render
• Wall cladding
• Roof replacement

The final phase of community engagement for the project ran from 2 June 2025 to 27 June 2025, attracting two submissions on the policy review whom asserted that the policies are either too prescriptive or they are an overreach of planning controls. The officer report defends the policies on the basis that the revised policies formalise and simplify existing practices, and provide greater certainty as a result.

14 objections were provided in relation to South Fremantle heritage place listings, some unhappy with the plan to protect them, others providing further evidence to correct or inform the heritage place records. One such example including the Californian post-war bungalow next to St Paul’s Church at 166 Hampton Road in Beaconsfield, which ultimately the City disagreed with in the report and elected to press on with protecting it. Some submissions provided sufficient evidence to compel an alternative outcome, with subsequent changing of their heritage level or even agreement to not include them on the Heritage List.

Three members of the public arrived to speak on the item and proceeded to do so, regardless. The heritage consultant representing the landowners of 166 Hampton Road had ironically sought a deferral of the item on the basis they are contesting the inclusion of it as a contributory place to the heritage values of South Fremantle. This site is planned to eventually be redeveloped for social or affordable housing, and the consultant argued that the place does not form part of a significant group and there are “literally hundreds of identical properties” in their professional opinion and argued that such effort should be directed towards places that deserve.

Another landowner in Beaconsfield argued that the revised changes to the heritage policies fail to provide greater clarity for property owners and are concerned about the impact of the proposed changes to their planned renovations. The third spoke on the proposed inclusion of their property in South Fremantle in support amendments to their place record and requested that it not be included in the inHerit database.

These matters will be explored further once the report is brought back to Council.

At that meeting, Council will be considering the recommendation that it:

1. In relation to the South Fremantle Heritage Area and as per Schedule 2 Regulations 8 and 9 of the Planning and Development (Local Planning Schemes) Regulations 2015: Adopts the additions to the Heritage List and Local Heritage Survey within Attachment 2;
   • Adopts the removals from the Heritage List within Attachment 3;
   • Adopts the changes to the management categories of properties within Attachment 4;
   • Adopts the changes to the South Fremantle Heritage Area boundaries, changes to the Statement of Significance, and the addition of Contributory properties as shown in LPP 3.6.1 (Attachment 5); and
   • Gives notice accordingly.
2. Adopts the following new or amended local planning policies and gives notice accordingly as per Schedule 2 Regulation 4 and 5 of the Planning and Development (Local Planning Schemes) Regulations 2015:
   • Draft LPP 3.6.1: Heritage Areas Listings (Attachment 5);
   • Amended LPP 1.6: Heritage Administration and Procedures (Attachment 6);
   • Amended LPP 1.7: Development Exempt From Approval Under LPS4 (Attachment 7);
   • Amended LPP 2.8: Fences (Attachment 8); and e. Amended LPP 3.6: Heritage-protected Places Built Form and Land Use (Attachment 9).
3. Revokes the following local planning policies and gives notice accordingly as per Schedule 2 Regulation 6 of the Planning and Development (Local Planning Schemes) Regulations 2015.
   • LPP 2.5: External Treatment of Buildings;
   • LPP 2.7: Archaeological Investigation as a Condition of Planning Approval;
   • LPP 2.20: Discretion to Vary Local Planning Scheme Site or Development Requirements for Heritage Purposes; and
   • LPP 3.7: “Hilton Garden Suburb Precinct” Heritage Area Local Planning Policy.

2025 ANNUAL UPDATE OF THE HERITAGE LIST AND LOCAL HERITAGE SURVEY

Coinciding neatly with all the South Fremantle heritage work and policy reviews. The Heritage List and supporting Local Heritage Survey are updated every year to correct data where new evidence comes to light, add new places, and modify or remove places as appropriate.

The officer recommendation was for the Local Heritage Survey and Heritage List to be updated for:

• Retention of 1 place on the list with changes to the management category and information to match its inclusion on the State Register of Heritage Places; 
• Removal of 4 places from the Heritage List; and
• Addition of 5 places to the Heritage List.

As of the latest count, the Heritage List contains approximately 2,380 places! These are protected on the basis that they hold heritage value and reflect recognised attributes in accordance with the Burra Charter:

• Aesthetic;
• Historic;
• Social; or
• Scientific significance; and/or
• Contribution to the streetscape, local area and City of Fremantle more broadly. 

The Local Heritage Survey itself is a database of heritage places that records more extensive information than the Heritage List and also includes places that may not meet the criteria for inclusion on the Heritage List. It can currently be accessed via the State Government website “inHerit” but the City is currently working to reflect all such information with its own publicly accessible database.

Importantly, inclusion of a place on the Heritage List does not preclude it from alterations or significant development. Rather, it acts as a trigger for the City to assess the works in the context of a planning (development) application to determine whether the impact will be detrimental to the place.

The City advertised this year’s update of the Heritage List and Local Heritage Survey during 16 June and 4 July 2025, and received three responses. The authors of those responses requested that the City reconsider inclusion of the places out of concern it could affect development potential of the site (namely the warehouse at 64 Queen Victoria Street sitting on the street corner and only part of the site, known as Robert Jowitt & Sons Warehouse), or that the dwellings have been modified in the past to the point that they are no longer of sufficient significance. The officer response acknowledges the points made in the submissions and refutes them respectfully on the basis that the items of objection have already been considered and accounted for. Notwithstanding this, it was agreed to defer consideration of 64 Queen Victoria Street this time.

Council resolved that it:

1. Note the submissions received in relation to the 2025 Local Heritage Survey and Heritage List Yearly Update as outlined in Attachment 1.
2. Endorses the following modifications to the Local Heritage Survey (LHS) and Heritage List in accordance with regulation 8 of the Planning and Development (Local Planning Schemes) Regulations 2015 (Attachment 2):
3. Defer consideration of the Robert Jowitt & Sons Warehouse, 64 Queen Victoria Street, Fremantle, to the next Local Heritage Survey and Heritage List review, to enable further consultation with the property owner

– Retention on Heritage List but modification of name and LHS management category and information to reflect inclusion on State Heritage Register:

• Ford Motor Co. Factory (Fmr.), 130 Stirling Highway, North Fremantle.

– Removal from Heritage List and updating of LHS accordingly:

• House, 81 South Street and 2B McCleery Street, South Fremantle; House 66 Jenkin Street, South Fremantle; House, 4 Coventry Parage, North Fremantle; and 71a Wood Street, White Gum Valley.

– Addition to the Heritage List and updating of LHS accordingly:

• House, 11 Tuckfield Street, Fremantle;
• House, 3B Montreal Street, Fremantle;
• House, 220 South Terrace, Fremantle;
• Duplex 1 Knutsford Street, Fremantle; and
• Duplex 3 Knutsford Street, Fremantle.

3. Defer consideration of the Robert Jowitt & Sons Warehouse, 64 Queen Victoria Street, Fremantle, to the next Local Heritage Survey and Heritage List review, to enable further consultation with the property owner.

REVIEW OF LOCAL PLANNING SCHEME NO. 4

As far as any urban planner is concerned, this is quite the highlight.

The current Local Planning Scheme for the City of Fremantle (“LPS4”) was originally gazetted on 8 March 2007. It has been amended several times to account for change and incorporate regulatory requirements made at State level, lending to its complexity. This review signifies the end of that era so to speak and paves the way for a brand new, shiny modern, and more user-friendly scheme. Ideally.

This particular report seeks Council permission to formally approach the Western Australian Planning Commission (WAPC) and propose that it is time for a new scheme.

Regulation 65 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations) requires that planning schemes are reviewed every 5 years. This is required to be preceded by a Local Planning Strategy to guide the direction of the scheme. Few local governments meet this timeframe dead-on due to the intensive nature of the work, especially for the older schemes requiring substantial reworking to bridge the gap between community and State expectations.

For further background, the City’s official Local Planning Strategy dates back to 9 July 2001 although it is unclear whether this was ever formally endorsed by the State Government. The new Strategy, however, is well on its way and will be headed back to Council after the election caretaker period.

The City did previously present a report on LPS4 to the WAPC in February 2020 with a recommendation that the scheme be kept and updated. The WAPC said no. So here we are.

Most of the work will be done inhouse in all probability, with exception of some select studies including in relation to housing. Community engagement will follow on later as the project takes shape, but it is noted that useful feedback has been provided already via pivotal projects such as the City Plan for central Fremantle and City Plan for North Fremantle.

That nonetheless attracted criticism from a member of the public during Public Question Time on the back of their concerns about limited consultation for extensions to the South Beach carpark (shared by other public speakers on the same night) and the recent JDAP decision for the South Fremantle car wash.

In the interim the City has recorded over time any issues identified by proponents or City staff while administering the scheme, which includes but is not limited to:

• “Many sections have not been holistically reviewed and sometimes result in internal conflicts. 
• The Scheme should be in accordance with current State Planning Policies and Residential Design Codes.
• Scheme provisions for built form can be overly complex in some areas and do not reflect contemporary Residential Design Codes. A thorough area-by area review is recommended to determine the purpose of the provisions and whether they should be carried over.
• The scheme should be reviewed to ensure it is in keeping with contemporary state legislation, including bringing it into line with the model scheme text.
• The Scheme text and map should be amended to ensure it reflects the direction in the Local Planning Strategy, which was recently endorsed for advertising by the WAPC.
• The Scheme includes provisions that would be more appropriately located in a local planning policy, such as car parking ratios.
• A number of Development Areas are built out and should be partially or wholly rationalised into the Scheme.
• The Scheme should begin responding to historic changes that are likely to arise in the long term, such as the relocation of Fremantle Ports and current Future Fremantle master planning.
• A new scheme should consider special control areas for coastal processes and inner-city noise management.”

The new scheme will ultimately require State Government approval to have formal effect. In order for that to occur, it must satisfy various requirements relating to standard format (known as the “Model Scheme Text”) and requires significant simplification compared to older iterations of local planning schemes. This also includes relinquishment of large portions of content previously included in schemes to local planning policies instead, where they would have at best “due regard status” as opposed to the inviolability of the scheme, so to speak. A matter of no small ire for many communities and local governments. Common items of contention there tend to relate to building heights, car parking, and so on.

The item was passed on en-bloc without discussion. Astonishing!

Watch this space for very interesting times indeed.

Council resolved en-bloc to:

1. Recommend to the Western Australian Planning Commission that a new scheme should be prepared and the current one repealed upon the approval of the new scheme pursuant to Regulation 66(3) of the Planning and Development (Local Planning Schemes) Regulations 2015.
2. Advertise the intent to review the scheme to adjoining local governments and other relevant agencies as per Regulation 20 of the Planning and Development (Local Planning Schemes) Regulations 2015.

SCHEME AMENDMENT 88 AND LOCAL PLANNING POLICY ON SHORT TERM RENTAL ACCOMMODATION – WAPC RECOMMENDATION

RADM readers will remember the previous report on this matter. So I won’t repeat myself. But anyone who operates, or is thinking of operating, or lives next to a short stay (also known as “Short Term Rental Accommodation”) ought to stay abreast of the changes at local government level in response to state direction here.

In other words, Planning Approval will be required before one can go ahead and run a short stay.

Council resolved en-bloc without discussion to:

1. Refer Amendment 88 (Attachment 1) to the Western Australian Planning Commission with a recommendation for support without modifications in accordance with Schedule 2 Regulation 50 of the Planning and Development (Local Planning Schemes) Regulations 2015.
2. Amend Local Planning Policy 1.7: Development Exempt from Approval Under Local Planning Scheme No. 4 to delete the following clause and renumber the remaining clauses accordingly without advertising the amendment in accordance with Schedule 2, Part 2, Regulation 5 of the Planning and Development (Local Planning Schemes) Regulations 2015:
   1. The use of a single house, grouped dwelling or multiple dwelling as a short stay dwelling, where occupied by 6 or fewer persons.
3. Adopt Local Planning Policy 2.27: Short Term Rental Accommodation (Attachment 4) in accordance with Schedule 2, Part 2, Regulation 4 of the Planning and Development (Local Planning Schemes) Regulations 2015.
4. Supports that publishing the notice bringing parts 2 and 3 above into effect will only occur concurrently with gazettal of Local Planning Scheme No. 4 Amendment 88.

HIT THE GROUND RUNNING! THE CITY STREETS ENHANCEMENT STRATEGY, REVIEW OF THE FOOTPATHS COUNCIL POLICY, & REVIEW OF THE CROSSOVERS COUNCIL POLICY

Bless them. I didn’t think it was possible to make a report about paving interesting and here I am eating my words along with a spoonful of gravel.

Turns out there’s a science to our paths and the character they quietly inject into our streets.

Cr Williamson-Wong noted conversations she has been involved in where it was requested that accessibility as a metric be ranked higher as a key consideration and reiterated that it is indeed a higher priority for high compared to the aesthetics of the pavement treatment.

“We’ve never had a more local government-y conversation”, confessed Mayor Fitzhardinge, who reflected that while it may seem like an innocuous topic, it is surprisingly complex and challenging given how extensive the input can be into designing streets. Further, our streets could wind up looking quite different if accessibility were the highest ranking factor, which would certainly transform problematic stretches of footpaths along High Street or the Esplanade.

Next time you’re out for a stroll, don’t neglect to admire the ground you tread on.

Council unanimously resolved that it:

1. Adopts the City Streets Enhancement Strategy, as provided in attachment 1, to guide infrastructure investment in footpath renewal and street enhancement.
2. Revokes D.E.4 Paving Policy for Central Fremantle, provided in attachment 2, and gives notice in accordance with Schedule 2, Regulation 6 of the Planning and Development (Local Planning Schemes) Regulations 2015.

Related items, which were passed en-bloc, are the Footpaths Policy and Crossovers Policy, as per the Council decision below to:

1. Revokes the Fremantle Suburban Footpaths Council Policy, provided in Attachment 1.
2. Adopts the Footpaths Council Policy, as provided in Attachment 2.

Council adopt the Crossovers Council Policy, as provided in Attachment 1.

COMMUNITY EMISSIONS REDUCTION ACTIONS FOR 2025/26

Around this time last year, the Community Emissions Working Group formed to develop plans and strategies to promote reductions in community emissions. Cr Williamson-Wong moved an alternative motion on this item to embellish it and emphasize the positive, collaborative intent of the Actions. She commented on the surprising fact that Snapshot Climate revealed households are not the leader contributor of emissions, whereas apparently schools, retail, and industry alongside Fremantle Ports are.

Parameters used to decided upon the Actions include:

• Estimated impact of emissions reduction exceeds 5,000 tCO₂-e/yr
• Deliverable within 12 months
• Resources required don’t exceed $10,000
• Requires City staff time within existing resources
• Impact of the action will reach a large amount of people

Discussion amongst the elected members ensued about the desire for free transit to extend beyond to greater Fremantle, particularly in the wake of the traffic bridge works. Mayor Fitzhardinge expressed her thanks to Cr Williamson-Wong and her excitement on seeing the progress of the Actions 12 months from now.

Council unanimously resolved that it:

1. Endorse the Community Emissions Reduction Actions, provided in attachment 1.
2. Approve the priority Actions for implementation in 2025/26, with staff to prepare a report back to Council summarising outcomes and results in 2026, which include:

• Collaborate with Fremantle Ports to understand its position on reducing emissions, share opportunities it could take to reduce emissions and understand how the City of Fremantle can assist.
• Advocate for the creation of a Free Transit Zone within the City of Fremantle.
• Implement the Safe Active Streets program and improvements to the City’s bike network to make cycling and walking safer and more accessible.
• Support our community and existing community groups to Electrify Everything.

OTHER EMISSIONS – NOT QUITE OVER IN A PUFF OF SMOKE

Cr Lawver urged the CEO in his Notice of Motion to explore options on how best to curtail the proliferation of convenience stores in Fremantle on the basis that “in just the past few months, I have personally been offered to purchase illegal tobacco products in no less than a half a dozen of these newly-opened convenience type shops.”  

I have to admit that I personally never expected to see a resurgence of convenience stores, fearing that they would die a slow death alongside other retail bricks and mortar with the advent of online shopping, but much like records and 90’s jumpers they are making an unprecedented comeback thanks to goods including international lolly / candy / sweetie brands and (allegedly) illegal tobacco items including vapes.

Councillors were broadly in agreement about the extent of this problem especially in Fremantle where there is a desire to ensure the West End remains family friendly, despite one store even selling machetes! Cr Mofflin argued you can’t plan your way out of this problem, however, and that it ultimately lies in enforcement. And we learned that all retail tenancies tend to have a lifespan of five years, with it being very challenging to kick out a tenant prior to that point.

The Mayor praised the efforts of Rosslyn de Souza who, with the community, worked to map all of the local convenience stores and present it to the City and WA Police, who were taken about at the extent of the problem.

The alternative motion proposed to have the City’s letter displayed on its MySay platform and offer community members an opportunity to add their name to it. The CEO expressed his trepidation of a second-hand petition, so to speak, best to do either a letter or a petition, and be clear about it, echoed by several councillors.

Council voted unanimously that it:

Requests the Chief Executive Officer to provide recommendations to Council on what local governments can do to curb the proliferation of convenience type shops often selling vaping products, tobacco, and other associated paraphernalia, including but not be limited to:

1. Planning scheme amendments to restrict locations where convenience type shops can be located;
2. Policy changes to limit convenience type shops more generally;
3. Tougher penalties for illegal or unauthorised activities;
4. Strategies for enforcing any existing restrictions or eliminate illegal activities; and
5. Any other measures/actions the Chief Executive Officers deems appropriate to help reduce illegal activity and limit the spread of convenience type shops in Fremantle.

IN OTHER NEWS

A new two-storey mixed use development has been approved in the spot where Freocast used to have their pop-up container recording studio in South Fremantle and a private laneway off Lefroy Road is being advertised to the community for potential upgrade and dedication as a public road. Meanwhile, as part of the comprehensive policy sweep up, the City will soon be advertising various new and amended policies, including the policy governing development outcomes in O’Connor, Beaconsfield, Samson, and part of White Gum Valley, and the waste management policy.

All up, as Cr Graham observed alongside helpful typographical corrections and more critical commentary on the potential nature of proposed amendments, it was a rather informal meeting but a positive one with councillors attempting to support each other in deciding upon the most pragmatic wording for each item. Or at least, that’s how it came across.

So there you go. I was expecting this meeting to take at least four or fix hours with debate and perhaps impassioned speeches on the strategic and heritage planning items. Not so. More like Never a Predictable Moment.

See you next fortnight where we will be discussing the South Fremantle Heritage Area again!