4Amending clause 4.3 “Modifications of R-Codes” by changing sub-clause 4.3.2 to read as

4 Amending clause 4.3 “Modifications of R-Codes” by changing sub-clause 4.3.2 to read as follows— “Building height provisions as specified under— (a) Table 3, and Deemed-to-Comply provision 5.1.6 C6 of Volume 1 of the R-Codes, and (b) Table 2.1, and Acceptable Outcome A2.2.1 of Volume 2 of the R-Codes; do not apply, except to land coded R-AC3, R-AC4, R-AC0 or R80. In all other areas, maximum building height requirements are required to comply with the provisions of clause 4.8 of the Scheme.” 5. Amending clause 4.8 “Height of Buildings” by amending sub-clause 4.8.9, removing reference to “Centre” zone. 6. Amending clause 4.22.1 by removing reference to “Centre” zone, “Dunn Bay Road”, “Naturaliste Terrace” and “Dunsborough” and amending the title of Clause 4.22 to read ‘Development in the Regional Centre and District Centre Zones.’ 7. Inserting a new clause 4.22.2 as follows, and renumbering subsequent clauses and clause references (including within the clauses and sub-clauses themselves) (as applicable) throughout the Scheme— “4.22.2 Development in the District Centre Zone Development within the District Centre zone shall address the following provisions— (a) In addition to the provisions of Volume 2 of the R-Codes, the following provisions apply to land coded R-AC0— i Table 2 sets out the primary controls; and ii Primary controls shall apply to Building Height Areas as shown on the Scheme Map. TABLE 2—R-AC0 PRIMARY CONTROLS Building Height Area (BHA) / Primary Controls 4 Storey BHA 5 Storey BHA Boundary Wall Height (Storey) 3 3 Setback—Minimum Primary Street Nil, unless otherwise specified in clause 4.22.2 Setback—Minimum Secondary Street Commercial use: Nil; and Non-commercial use: 2m; or Unless otherwise specified in clause 4.22.2 Setback—Minimum Side Nil, unless otherwise specified in clause 4.22.2 Setback—Minimum Rear Nil, unless otherwise specified in clause 4.22.2 Plot Ratio 1.5 2.0 (b) To achieve a consistent building line, increased lot boundary setbacks may be required on Naturaliste Terrace, between the intersections of Cyrillean Way and Dunn Bay Road; (c) A 5 metre lot boundary setback shall be provided on the west side of Naturaliste Terrace, between the intersections of Dunn Bay Road and Caves Road. The setback area shall include— (i) A minimum 2.5 metre wide footpath and pedestrian shelter; and (ii) A landscaped area adjacent to the boundary; (d) Additional primary and secondary street setbacks may be considered where development is providing an associated alfresco space within the setback area; (e) Development abutting Caves Road shall respond to the prominence and scenic character of Caves Road by addressing the following matters— (i) Buildings shall not be located within 6 metres of the Caves Road boundary; (ii) Building design, finishes and materials shall respond to and enhance the scenic character of Caves Road; (iii) Building services such as bin storage, utilities, storage tanks and the like shall be adequately concealed so they are not visible from Caves Road; and (iv) Landscape planting shall provide an attractive interface between development and Caves Road; (f) The upper storey external wall face and/or balcony roofs shall be setback from the ground floor external wall face, in accordance with the following— i. Four and/or five storey development: the fourth and fifth storey setback a minimum of 6m on all boundaries. (g) No residential uses shall be permitted at ground floor fronting Dunn Bay Road, Naturaliste Terrace or Clark Street;