Date published: 26/07/2019
The Western Australian Planning Commission (WAPC) is seeking comment on the revised State Planning Policy 3.6 infrastructure contributions (SPP 3.6).
The policy aims to ensure greater accountability, transparency and consistency in providing for developer infrastructure contributions.
SPP 3.6 does not address public art as an essential infrastructure item for developer contributions. It does specifically list public art as an item not included in Development Contribution Plans.
This exclusion will allow Local Government Authorities (LGA) to continue to impose Percent for Art requirements on Developer Agreements, whereas the inclusion of public art would have prevented it.
However, there is a need for the policy to ensure that the exclusion of public art does not mean it should not be a development requirement. It must also ensure that SPP 3.6 doesn't prevent the application of the State Government's own Percent for Art projects within State investments and LGA mandating their Developer Percent for Art schemes.
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I am writing in response to the Draft State Planning Policy 3.6 – Development Contributions for Infrastructure.
My understanding of the Draft policy is that:
SPP 3.6 will not address public art as an essential infrastructure item for developer contributions;
SPP 3.6 will, in fact specifically list public art as an item not included in Development Contributions; and
that this exclusion will allow LGAs to continue to impose Percent for Art requirements on Development Applications, whereas its inclusion would have prevented it.
Given the above, my feedback on the Draft SPP 3.6 is that:
there is the need for a statement within the policy (or and FAQ) to ensure that the exclusion of public art within SPP 3.6 does not infer that public art is not a fit item to be required for development through conditions; and
the DPLH needs to ensure that SPP 3.6 does not, by implication, otherwise prevent either the application of the State Government’s own Percent for Art projects within State investments, or Local Government Authorities mandating Developers’ Percent for Art schemes.