Amended Planning and Development (Local Planning Schemes) Regulations 2015
On Friday 18 December 2020, the Planning Regulation Amendment Regulations 2020 were gazetted, introducing amendments to the Planning and Development (Local Planning Schemes) Regulations 2015 (the LPS Regulations). These amendments will make various improvements to local planning processes which will be introduced in two stages.
An updated version of the LPS Regulations will be available 15 February 2021, when the first stage of the amendments become operational.
View the gazetted Planning Regulations Amendment Regulations 2020.
These amendments will make various improvements to local planning processes which will become operational in two stages.
From 15 February 2021, there will be a broader range of exemptions for small home projects such patios, water tanks, and cubby houses.
A ‘deemed-to-comply’ check enables local government to ensure compliance with the Residential Design Codes, allowing such development proposals to progress straight to the building approval stage, which is still a requirement.
Other Regulatory changes will improve processes, reduce administration and improve consultation practices, including:
- removing the need for planning approvals for certain change-of-use applications, such as to establish a small café or restaurant
- a limit of only one further request for additional information from local governments for applications that do not require public consultation or referral, streamlining
- consistent public consultation requirements for complex development applications
- prioritising online publication of planning documents, with an option for hard copies to be made available and
- introducing a single planning process for structure plans and precinct structure plans.
There are various conditions relating to the above listed exemptions, so please refer to the Planning Regulations Amendment Regulations 2020 themselves for the details.
From 1 July 2021, a second stage of regulatory changes relating to car parking provision in developments will take effect. Further consultation with local government regarding a proposed consistent method of calculating cash-in-lieu for car parking will be undertaken during the first quarter of 2021. Following this, the Western Australian Planning Commission will determine and gazette the method of calculation as required under the new regulations.
This new approach will be ready for the start of the new financial year. In response to feedback from public consultation, the new approach will apply only to planning applications in the Perth and Peel region scheme areas.
Fact sheets and guidance documents
The LPS Regulations are a major part of Western Australia’s planning reform agenda, affecting arrangements for local planning strategies, schemes and amendments. In addition to a Model Scheme Text, the LPS Regulations introduce a set of deemed provisions that form part of every local planning scheme in the State.
Detailed flowcharts are available on the Planning process flow charts page.
In response to the gazettal of the Planning Regulations Amendment Regulations 2020, which has made amendments to the LPS Regulations, a number of new manner and form and explanatory guidance documents are being prepared, which will be available prior to the applicable operational dates on 15 February 2021 and 1 July 2021 (car parking based provisions). A number of forms are also currently being updated and will be available prior to the 15 February 2021.