Amended Planning and Development (Local Planning Schemes) Regulations 2015
The Planning Regulation Amendment Regulations 2020 were gazetted on 18 December 2020, introducing amendments to the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations). These amendments will make various improvements to local planning processes which will be introduced in two stages.
The first stage is already operational and can be viewed below.
These include 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 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 Regulations for the details.
From 1 July 2021, a second stage (Part 9A) 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.
In the interim, please see the Planning Regulations Amendment Regulations 2020 for all amendments gazetted to date.
The following fact sheets provide information on reform initiatives.
The 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 Regulations introduce a set of deemed provisions that form part of every local planning scheme in the State.
The Regulations along with frequently asked questions (FAQ) and other applicable documents are provided below. The Regulations and Deemed Provisions documents have been updated to reflect the first stage of changes implemented as of 15 February 2021 and will be updated again as of 1 July 2021 when the second stage of car parking provisions become operational.
The FAQs have been updated in response to all amendments gazetted.
Detailed flowcharts are available on the Planning process flow charts page.
Local planning schemes
The Regulations require local planning schemes to be reviewed in the form of a report submitted to the Western Australian Planning Commission. To provide consistency in structure and content, the following manner and form document is provided:
Form 1C, 1D, 2B and 2C found within the Scheme and Amendment forms document have been updated in response to the gazettal of amendments to the Regulations on 18 December 2020.
The model scheme template is provided to assist local government planners and industry in the preparation, review or amendment of local planning schemes to align with the Model Provisions (Schedule 1) of the Regulations.
Structure plans and local development plans
The Regulations prescribe processes applicable for the preparation and amendment of structure plans and local development plans. In response to these processes, the following guidance and manner and form documents have been prepared.
Forms 5A, 5B, 5C and 5E have been updated in response to the gazettal of the amendments to the Regulations on 18 December 2020, with further amendments to the remaining documents to be undertaken in due course.
In response to the gazettal of the amendments to the Regulations on 18 December 2020, a number of new explanatory guidance and manner and form documents have been prepared and are operational. Further, explanatory guidance and manner and form documents will be provided for the car parking provisions, to come into operation on 1 July 2021.
The following explanatory guidance documents are provided, as it relates to specific clauses with the Deemed Provisions (Schedule 2) of the Regulations:
The following manner and form documents are provided, as it relates to specific clauses within the Deemed Provisions (Schedule 2) of the Regulations: