Planning and Development (Local Planning Schemes) Regulations 2015 (WA)

Western Australia Planning and Development Act 2005 Planning and Development (Local Planning Schemes) Regulations 2015 Western Australia Planning and Development (Local Planning Schemes) Regulations 2015 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Terms used 1 3A. Excluded holiday period days not counted in time periods 1 4. Authorised persons 1 5. Provision of documents to the Commission 1 6. Scheme in respect of Crown land 1 7. Scheme by order of Minister 1 Part 2 — Elements of local planning schemes 8. Contents of local planning scheme 1 9. Defining area of local planning scheme 1 10. Local planning scheme text 1 10A. Review of Schedule 2 Part 10B 1 Part 3 — Local planning strategies 11. Requirement for local planning strategy for local planning scheme 1 12. Certification of draft local planning strategy 1 13. Advertising and notifying local planning strategy 1 14. Consideration of submissions 1 15. Endorsement by Commission 1 16. Publication of endorsed local planning strategy 1 17. Amendment to local planning strategy 1 18. Revocation of local planning strategy 1 Part 4 — Preparation or adoption of local planning scheme Division 1 — Proposal to prepare or adopt local planning scheme 19. Resolution to prepare or adopt scheme 1 20. Notification of resolution 1 Division 2 — Process for advertisement and submission of local planning scheme 21. Resolution to seek approval to advertise local planning scheme and provision of scheme to Commission 1 21A. Submission of local planning scheme for advertising approval 1 21B. Modifications to local planning scheme submitted for approval to advertise 1 22. Advertisement of local planning scheme 1 23. Land owner may be required to pay costs of publication 1 24. Submissions on local planning scheme 1 25. Consideration of submissions 1 26. Local government may advertise proposed modifications to local planning scheme 1 27. Incorporation of environmental conditions 1 28. Provision of local planning scheme and documents to Commission 1 29. Commission to submit local planning scheme and documents to Minister 1 30. Minister or authorised person may direct modifications to local planning scheme be advertised 1 Division 3 — Giving effect to decision on local planning scheme 31. Decision by Minister to refuse to approve local planning scheme 1 32. Decision by Minister to require modification of local planning scheme 1 32A. Decision by Minister to approve local planning scheme 1 32B. Certified copy of local planning scheme 1 33. Advertisement of approved local planning scheme 1 Part 5 — Amending local planning scheme Division 1 — Preliminary 34. Terms used 1 35. Resolution to prepare or adopt amendment to local planning scheme 1 35A. Amendment to local planning scheme affecting area to which structure plan relates 1 36. Landowner may request Commission's advice on type of amendment 1 Division 2 — Process for complex amendments to local planning scheme 37. Resolution to seek approval to advertise complex amendment and provision of amendment to Commission 1 37A. Submission of complex amendment for advertising approval with recommendation 1 37B. Modifications to complex amendment submitted for approval to advertise 1 38. Advertisement of complex amendment 1 39. Land owner may be required to pay costs of publication 1 40. Submissions on complex amendment 1 41. Consideration of submissions on complex amendments 1 42. Local government may advertise proposed modifications to complex amendment 1 43. Incorporation of environmental conditions 1 44. Provision of complex amendment and documents to Commission 1 45. Commission to submit complex amendment and documents to Minister 1 46. Minister or authorised person may direct modifications to complex amendment be advertised 1 Division 3 — Process for standard amendments to local planning scheme 46A. Resolution to seek approval to advertise standard amendment and provision of amendment to Commission 1 46B. Submission of standard amendment for advertising approval 1 46C. Modifications to standard amendment submitted for approval to advertise 1 47. Advertisement of standard amendment 1 48. Land owner may be required to pay costs of publication 1 49. Submissions on standard amendment 1 50. Consideration of submissions on standard amendments 1 51. Local government may advertise proposed modifications to standard amendment 1 52. Incorporation of environmental conditions 1 53. Provision of standard amendment and documents to Commission 1 55. Commission to submit standard amendment and documents to Minister 1 56. Minister or authorised person may direct modifications to standard amendment be advertised 1 Division 4 — Process for basic amendments to local planning scheme 57. Basic amendment not required to be advertised 1 58. Basic amendment to be provided to Commission 1 59. Commission may direct amendment be treated as complex or standard amendment 1 60. Commission to submit basic amendment to Minister 1 61. Minister or authorised person may direct basic amendment be advertised 1 Division 5 — Giving effect to decision on amendment to local planning scheme 62. Decision by Minister to refuse to approve amendment to local planning scheme 1 63. Decision by Minister to require modification of amendment to local planning scheme 1 63A. Decision by Minister to approve amendment to local planning scheme 1 63B. Certified copy of amendment to local planning scheme 1 64. Advertisement of approved amendment to local planning scheme 1 Part 6 — Review and consolidation of local planning schemes Division 1 — Review of local planning scheme 65. Review of local planning scheme 1 66. Report of review 1 67. Decision of Commission 1 Division 2 — Consolidation of local planning schemes 68. Consolidation of local planning schemes 1 69. Amendment of local planning scheme arising from consolidation 1 Part 7 — Development contribution plans 70. Development contribution area 1 71. Development contribution plan 1 72. Development contribution area and plans are complex amendments 1 73. Effect of development contribution plan 1 Part 8 — Miscellaneous 74. Expenses of environmental review 1 75. Compensation 1 76. Transitional arrangements for replacement local planning schemes 1 76A. Requirements for making documents available to public 1 76B. Commission may approve varied requirements for publication of documents 1 Part 9 — Repeal and transitional provisions Division 1 — Transitional provisions for Planning and Development (Local Planning Schemes) Regulations 2015 77. Terms used 1 78. Town Planning Regulations 1967 repealed 1 79. Planning instruments continued 1 80. Planning instruments in course of preparation 1 81. Development applications 1 Division 2 — Transitional provisions for Planning Regulations Amendment Regulations 2020 82. Advertising processes in progress on commencement day 1 Division 3 — Transitional provisions for Planning and Development (Local Planning Schemes) Amendment Regulations 2024 83. Term used: former Act 1 84. Provision of local planning scheme that applies State planning policy of no effect 1 Schedule 1 — Model provisions for local planning schemes Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Scheme revoked 1 4. Notes do not form part of Scheme 1 5. Responsibility for Scheme 1 6. Scheme area 1 7. Contents of Scheme 1 8. Purposes of Scheme 1 9. Aims of Scheme 1 10. Relationship with local laws 1 11. Relationship with other local planning schemes 1 12. Relationship with region planning scheme 1 Part 2 — Reserves 13. Regional Reserves 1 14. Local reserves 1 15. Additional uses for local reserves 1 Part 3 — Zones and use of land 16. Zones 1 17. Zoning table 1 18. Interpreting zoning table 1 19. Additional uses 1 20. Restricted uses 1 21. Special use zones 1 22. Non‑conforming uses 1 23. Changes to non‑conforming use 1 24. Register of non-conforming uses 1 Part 4 — General development requirements 25. R-Codes 1 26. Modification of R-Codes 1 29. Other planning codes to be read as part of Scheme 1 30. Modification of planning codes 1 31. Environmental conditions 1 32. Additional site and development requirements 1 33. Additional site and development requirements for areas covered by structure plan or local development plan 1 34. Variations to site and development requirements 1 35. Restrictive covenants 1 Part 5 — Special control areas 36. Special control areas 1 Part 6 — Terms referred to in Scheme Division 1 — General definitions used in Scheme 37. Terms used 1 Division 2 — Land use terms used in Scheme 38. Land use terms used 1 Schedule 2 — Deemed provisions for local planning schemes Part 1 — Preliminary 1. Terms used 1 1A. Heritage‑protected places 1 1B. Development taken to comply with deemed‑to‑comply provision of R‑Codes 1 1C. Excluded holiday period days not counted in time periods 1 Part 2 — Local planning framework Division 1 — Local planning strategy 2. Local planning strategy 1 Division 2 — Local planning policies 3. Local planning policies 1 4. Procedure for making local planning policy 1 5. Procedure for amending local planning policy 1 6. Revocation of local planning policy 1 Part 3 — Heritage protection 7. Terms used 1 8. Heritage list 1 9. Designation of heritage areas 1 10. Heritage agreements 1 11. Heritage assessment 1 12. Variations to local planning scheme provisions for heritage purposes 1 13. Heritage conservation notice 1 13A. Heritage list and heritage areas under former Scheme 1 Part 4 — Structure plans 14. Terms used 1 15. When structure plan may be prepared 1 16. Preparation of structure plan 1 17. Action by local government on receipt of application 1 18. Advertising structure plan 1 19. Consideration of submissions 1 20. Local government report to Commission 1 21. Cost and expenses incurred by local government 1 22. Decision of Commission 1 23. Further services or information from local government 1 24. Structure plan may provide for later approval of details of subdivision or development 1 25. Review 1 26. Publication of structure plan approved by Commission 1 27. Effect of structure plan 1 28. Duration of approval 1 29. Amendment of structure plan 1 29A. Revocation or amendment of structure plan resulting from scheme amendment 1 Part 6 — Local development plans 46. Term used: local development plan 1 47. When local development plan may be prepared 1 48. Preparation of local development plan 1 49. Action by local government on receipt of application 1 50. Advertising of local development plan 1 51. Consideration of submissions 1 52. Decision of local government 1 53. Local development plan may provide for later approval of details of development 1 54. Review 1 55. Publication of local development plan approved by local government 1 56. Effect of local development plan 1 57. Duration of approval 1 58. Revocation of local development plan 1 59. Amendment of local development plan 1 Part 7 — Requirement for development approval 60. Requirement for development approval 1 61. Development for which development approval not required 1 61A. Advice by local government that development approval not required for erection of, or alterations or additions to, single house 1 Part 8 — Applications for development approval 62. Form of application 1 63. Accompanying material 1 63A. Action by local government on receipt of application 1 64. Advertising applications 1 64A. Applicant for development approval may be required to pay costs of advertising or erect signs 1 65. Subsequent approval of development 1 Part 9 — Procedure for dealing with applications for development approval 65A. Local government may request additional information or material 1 65B. Applicant may agree to or refuse request for additional information or material 1 66. Consultation with other authorities 1 67. Consideration of application by local government 1 68. Determination of applications 1 69. Application not to be refused if development contribution plan not in place 1 70. Form and date of determination 1 71. Commencement of development under development approval 1 72. Temporary development approval 1 73. Scope of development approval 1 74. Approval subject to later approval of details 1 75. Time for deciding application for development approval 1 76. Review of decisions 1 77. Amending or cancelling development approval 1 Part 9A — Provisions about car parking Division 1 — General 77A. Terms used 1 77B. Development to which this Part applies 1 77C. Parking space shortfall for development 1 77D. Variation of minimum on‑site parking requirement in relation to development 1 77E. Development that does not comply with applicable minimum on‑site parking requirement 1 77F. Imposition of both payment in lieu of parking condition and shared parking arrangement condition 1 Division 2 — Payment in lieu of provision of car parking spaces 77G. When payment in lieu of parking condition may be imposed 1 77H. Payment in lieu of parking condition 1 77I. Application of money paid under payment in lieu of parking condition 1 77J. Payment in lieu of parking plan 1 77K. Advertising payment in lieu of parking plan 1 77L. Publication of payment in lieu of parking plan 1 77M. Procedure for amending payment in lieu of parking plan 1 77N. Duration of payment in lieu of parking plan 1 77O. Payment in lieu of parking plan ceasing to be in effect when money has not been applied 1 Division 3 — Shared parking arrangements 77P. When shared parking arrangement condition may be imposed 1 77Q. Shared parking arrangement condition 1 Part 10A — Bushfire risk management 78A. Terms used 1 78B. Application of Part to development 1 78C. Determining whether development site is in a bushfire prone area 1 78D. Proposed development in a bushfire prone area 1 78E. Matters to be considered for development approval 1 78F. Transitional provisions for sites in new bushfire prone areas 1 78G. Transitional provisions relating to Planning and Development (Local Planning Schemes) Amendment Regulations 2015 1 Part 10B — Exemptions from planning requirements for state of emergency 78H. Minister may issue notice of exemption from planning requirements in state of emergency 1 78I. Process for issuing notice under cl. 78H 1 78J. Coming into effect and cessation of notices and exemptions under cl. 78H 1 Part 10 — Enforcement and administration Division 1 — Powers of local government 78. Powers of local government 1 79. Entry and inspection powers 1 80. Repair of existing advertisements 1 Division 2 — Delegations 81. Terms used 1 82. Delegations by local government 1 83. Local government CEO may delegate powers 1 84. Other matters relevant to delegations under this Division 1 Division 2A — Performance of development approval functions in relation to single houses 84A. Terms used 1 84B. Prescribed single house development 1 84C. Performance of prescribed development approval functions in relation to prescribed single house development 1 84D. Authorisation of employees 1 Division 3 — Miscellaneous 85. Agreement to use of material provided for Scheme purposes 1 Part 11 — Forms referred to in this Scheme 86. Forms referred to in this Scheme 1 Part 12 — Miscellaneous 87. Requirements for making documents available to public 1 88. Commission may approve varied requirements for publication of documents and advertising of complex applications 1 Part 13 — Transitional provisions for Planning Regulations Amendment Regulations 2020 89. Terms used 1 90. Application of amendments made by Planning Regulations Amendment Regulations 2020 1 91. Advertising processes in progress on commencement day 1 92. Activity centre plans or structure plans in effect before commencement day 1 93. Activity centre plans or amendments in course of preparation on commencement day 1 Schedule 3 — Legends used in Scheme 1. Reserve legends used in local planning scheme maps 1 2. Zone legends used in local planning scheme maps 1 3. Additional information used in local planning scheme maps 1 Notes Compilation table 1 Other notes 1 Defined terms Planning and Development Act 2005 Planning and Development (Local Planning Schemes) Regulations 2015