Background to the reform process

In October 2015, the Planning and Development (Local Planning Scheme) Regulations 2015 (WA) (LPS Regulations) came into effect. The LPS Regulations introduced provisions which are deemed to apply to all local planning schemes in Western Australia (Deemed Provisions).

In 2017, the Minister for Planning commissioned an independent review of the Western Australian planning system. The review identified an 'excessive level of inconsistency' across local planning schemes which 'creates confusion and unnecessary costs for business'. The review found that the model zones, reserves and land use definitions, which were introduced by the LPS Regulations, did not cover all scenarios and were not widely incorporated into local planning schemes.

Following this review, in May 2018, a green paper, 'Modernising Western Australia’s Planning System – Green paper concepts for a strategically-led system: Discussion paper for planning reform' (Green Paper) was released for public consultation. The Green Paper outlined reforms to the planning system, including a set of standardised zones, land uses and land use permissibility to Perth and major regional centres.

In August 2019, the Minister for Planning released the State Government’s Action Plan for Planning Reform (Action Plan). The Action Plan was designed to, amongst other things:

• provide clear strategic direction across the planning framework and enable the community to be more involved in strategic planning and have a better understanding of the planning system; and
• support new ways of working to reduce unnecessary red-tape, increase cooperation and create more consistency and efficiency in the planning system

In August 2020, the State Government released for public comment the Planning Regulations Amendment Regulations 2020 (WA) (Draft Regulations), which, if gazetted, will amend the LPS Regulations.
The period for public comment closed on 25 September 2020. It is expected that the Draft Regulations will be gazetted in November or December 2020.

Proposed changes under the Draft Regulations. Small project exemptions

The Deemed Provisions will expand the list of works which will not require a development approval. This will include:

• certain cubby houses, flag poles and water tanks
• shade sails and decks that meet deemed-to-comply provisions under the R Codes
• solar panels installed (flush with the roof) on non-residential buildings
• maintenance and repair works
• the demolition of certain detached, non-residential buildings
• minor site works for non-residential development, where the excavation or fill is 0.5m or less.

These exemptions generally will not apply to works on a heritage protected place.

The Deemed Provisions will have new definitions for zones and uses. There will be exemptions from development approval in some commercial, centre, light industrial and mixed-use zones. Examples of exempt uses include:

• shop of less than 400sqm
• restaurant/café
• convenience store not used for the sale of petroleum products
• office not located on the ground floor of a building.

Additional information requests 

A new clause in the Deemed Provisions will require a local government to advise an applicant, within 7 days of receiving an application, whether all required information has been submitted. If no advice is received within 7 days, the application is taken to have been accepted for assessment by the local government.

There will be a limit of only one request by a local government for further information for applications that do not require advertising or referral.

Public consultation for complex development applications

The Deemed Provisions will contain new consultation requirements for complex development applications. These will include:

• extending the period for which applications must be advertised for public comment from not less than 14 days to a period of 28 days. A longer period of time must be agreed by the applicant and the local government; and
• requiring that advertising includes:
  • signage in a manner and form approved by the WAPC; and
  • written notification to owners and occupiers within a minimum 200m radius of the site.

Car parking provisions

A new Part 9A will be introduced to the Deemed Provisions which will apply a consistent approach to car parking across local planning schemes.. Part 9A includes a new clause which deals with cash-in-lieu of parking and which:

• provides that a local government cannot impose conditions requiring for the payment in lieu of parking unless a payment in lieu of parking plan has been properly prepared in a manner and form approved by the WAPC; and
• requires:
  
  • local government to place all received monies into a reserve account established under section 6.11 of the Local Government Act 1995 (WA); and
  • if after 10 years the local government has not applied monies (and any interest earned) for the purposes set out in the parking plan, the local government must repay the monies and interest.

If you would like to know more about the Draft Regulations and the likely impact in your local area, please contact: