OFFICIAL NOTICE – MULTIPLE RECIPIENTS (PLANNING & LOCAL GOVERNMENT AUTHORITIES)

City of Gosnells – Planning Services
2120 Albany Highway, Gosnells WA 6110
By email: planning@gosnells.wa.gov.au

Chief Executive Officer – City of Gosnells
2120 Albany Highway, Gosnells WA 6110
By email: council@gosnells.wa.gov.au

Mayor – City of Gosnells
2120 Albany Highway, Gosnells WA 6110
By email: mayor@gosnells.wa.gov.au

Hon John Carey MLA – Minister for Planning
Dumas House, 2 Havelock Street, West Perth WA 6005
By email: minister.carey@dpc.wa.gov.au

Hon David Michael MLA – Minister for Local Government
Dumas House, 2 Havelock Street, West Perth WA 6005
By email: minister.michael@dpc.wa.gov.au

Western Australian Planning Commission (WAPC)
Locked Bag 2506, Perth WA 6001
By email: wapc@dplh.wa.gov.au

Department of Planning, Lands and Heritage (DPLH)
140 William Street, Perth WA 6000
By email: info@dplh.wa.gov.au

Metro Outer Joint Development Assessment Panel (JDAP)
c/o Department of Planning, Lands and Heritage, 140 William Street, Perth WA 6000
By email: jdap@dplh.wa.gov.au

This letter is published as an open public record. Recipients are notified by email with a link to this page and a copy of the letter.

Re: Statutory Basis for Multiple Modular Dwellings on R80 Land Without Subdivision

Dear Sir/Madam,

I write to provide a clear statutory justification for the installation of multiple modular dwellings on my R80‑zoned property. This letter sets out the correct legal position under State Planning Policy 7.3 (Residential Design Codes), the Planning and Development Act 2005, and the City of Gosnells Local Planning Scheme No. 6.

1. R80 Zoning Permits Multiple Dwellings on a Single Lot

Under State Planning Policy 7.3 – R‑Codes Volume 2 (Multiple Dwellings), R80 zoning expressly permits multiple dwellings on a single parent lot. The R‑Codes define multiple dwellings as:

“Self‑contained dwellings in a group of more than one dwelling on a lot where none of the dwellings are ancillary dwellings.”

There is no requirement for subdivision before multiple dwellings may be approved.

2. Subdivision Is Optional, Not Mandatory

Subdivision is only required where the landowner seeks separate titles. Where the landowner intends to retain a single parent lot, the R‑Codes allow multiple dwellings to be approved and constructed without subdivision.

3. Assessment Must Be Under R‑Codes Part 6

As the proposal is for multiple dwellings, the correct statutory assessment pathway is:

• R‑Codes Volume 2 (Part 6)
• Plot ratio
• Height
• Setbacks
• Parking
• Landscaping

These are the applicable standards for R80 development.

4. Modular Construction Is Not a Planning Constraint

The R‑Codes regulate land use and built form, not construction method. Modular dwellings are fully compliant with the Building Code of Australia and must be assessed identically to conventional dwellings.

5. Local Planning Scheme No. 6 Adopts the R‑Codes

The City’s scheme adopts the R‑Codes without modification. There is no scheme provision requiring subdivision for multiple dwellings.

6. Request

I request that the City assess my proposal strictly under:

• SPP 7.3 R‑Codes Volume 2 (Multiple Dwellings)
• Local Planning Scheme No. 6
• Planning and Development Act 2005

and confirm that subdivision is not required for approval of multiple modular dwellings on R80 land.

Yours faithfully,
Nicholas N. Chin