When the New Regulations take effect on 19 October 2015, the
existing Town Planning Regulations 1967 (WA) and
associated Model Scheme Text
(Old Regulations) will be repealed and
replaced by the New Regulations, including new Model Scheme
The New Regulations also introduce 'Deemed
Provisions' which will automatically form part of every local
planning scheme in WA, whether or not they are incorporated into
the local planning scheme text. Introduction of these Deemed
Provisions is one of the most significant aspects of these
regulatory reforms and will operate to provide greater consistency
between local planning schemes in Western Australia. To the extent
there is any inconsistency between a Deemed Provision and a local
planning scheme (LPS), the Deemed Provision
Key 'Deemed Provision' changes
The following key aspects of WA's agreed reform initiatives
will be implemented by the Deemed Provisions when the New
Regulations take effect:
The structure plan preparation and approval processes will be
streamlined, including the identification of a single determining
authority, the WAPC, for approval of structure plans.
Decision-makers will be required to have due regard to an approved
structure plan when considering a development or subdivision
approval application but will not be bound by them.
Standard framework provisions with respect to the development
approval process, local planning policies, activity centre plans,
local development plans, heritage protection and delegations will
be introduced across local governments.
Other significant changes
The following further changes will also be implemented upon the
New Regulations taking effect:
Local governments will be required to include the new Model
Scheme Text in all new or updated local planning schemes, to
achieve greater consistency in the schemes across WA. Any
alteration to the model provisions will require the Minister's
approval. A key aspect of the new Model Scheme Text is the
inclusion of consistent reserves and zones and the amendment of the
land use definitions.
The local planning scheme preparation process and requirements
will be streamlined to remove some of the existing regulatory
burden, including simplifying the advertising and consultation
The scheme amendment process (for both LPS text and zoning
amendments) will be simplified, streamlined and more flexible
through the introduction of multiple risk-based amendment streams
classified as either 'complex', 'standard' or
'basic'. Different timeframes and process requirements
(e.g. regarding advertising and consultation) will apply, depending
on the stream.
The New Regulations require local planning schemes to be
reviewed every five years. Earlier drafts of the New Regulations
would have led to the immediate trigger of this review requirement
for a very large number of schemes across WA . However amendments
made to the gazetted version of New Regulations allow more time by
stating that schemes gazetted more than five years ago will be
taken to have been published three years before the date the New
Regulations come into operation. These amendments will be in
conjunction with anticipated changes to the consolidated procedures
under the Planning and Development Act 2005 (WA).
Some consequential amendments to the Planning and
Development Regulations 2009 (WA) relating to structure plans
and activity centre plans will also commence on 19 October 2015.
These amendments are set out in the Planning and Development
Amendment Regulations 2015 (WA) which were also gazetted on 25
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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