08 Oct 2015
Taking effect on 19th October 2015, the new Planning and Development (Local Planning Schemes) Regulations 2015 (The Regulations) are a much needed replacement for the longstanding Town Planning Regulations 1967 and associated Model Scheme Text. The new Regulations were recently gazetted on August 25th 2015 and reflect the state government’s commitment to streamline planning schemes across all local governments statewide.
Before their finalisation, draft Regulations were released for industry consultation and refinement. The end result is a direct response to submissions made on the draft Regulations and focuses on three key areas as follows.
- Regulations that cover local planning schemes, local planning strategies, and local planning scheme amendments.
- A new Model Scheme Text for local planning schemes.
- Deemed provisions for procedural matters in local planning schemes, including local structure plans.
Significantly, The Regulations introduce timeframes for many of the processes that WAPC is responsible for. This will make it easier and faster for industry, small business and homeowners to obtain building and renovation approvals.
TBB staff have attended training organised by the Department of Planning and have a thorough understanding of the application of the new Regulations to Development Applications, Structure Plans, Local Development Plans, Scheme Amendments and new Scheme preparation. TBB has also sought written clarification on a number of provisions, particularly as they relate to existing structure plans, in order to better inform its clients on implications of the new Regulations.
Future Amendments – Bushfire Regulations
Towards the end of 2015, the Regulations are due for further amendment to introduce the new Bushfire Regulations. This gives the industry a couple of months to trial the Regulations and suggest changes where needed. The Department of Planning has indicated they will welcome feedback on the Regulations and may include necessary modifications when the Bushfire Regulations component is introduced.
In addition to the new Regulations, we have also reviewed and become familiar with the newly released Structure Plan Preparation Framework, which has been released for 6-month trial and review.
The most significant change TBB is focused on is the non-statutory nature of structure plans. With projects in the pipeline, TBB is committed to ensuring structure plans in the system are not unduly impacted by the reforms, whilst new structure plans will be consistent with the Commission’s expectations.
- Download the 2015 Regulations here:https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_13670_homepage.html
- News article: "WA Government announces gazettal of new Local Planning Schemes regulations"