TBB Reacts: Consistency of Local Planning Schemes

Author

Cassie Barrow
Associate

10 Jun 2024

Our latest TBB Reacts explains the new reforms to improve the consistency of local planning schemes, and what this means for both local governments and developers.

After receiving an endorsement from the WAPC in March, we are pleased to see the publication of the final Consistent Local Planning Schemes report, which was published by the Department of Planning, Lands and Heritage yesterday. The report outlines a roadmap of progressive changes that will be made to the planning system to improve the consistency of local planning schemes across the State.

The reforms focus on modernising, refining and streamlining the list of zones and reserves, and land use terms, and standardising land use and development controls associated with the industrial and commercial development in the metropolitan Perth and Peel regions.

A number of short and long term actions to implement the reforms  were outlined, including:

• modifications to the Planning and Development (Local Planning Scheme) Regulations 2015 (Regulations),
• further investigation and stakeholder consultation on developing a design code (similar to the R-Codes) for industrial and potentially service commercial zones; and
• developing guidance to support local governments with the undertaking of the preparation and amendment of local planning schemes.

This work reflects the State Government's initiative to make local planning more consistent across the State, as guided by the Action Plan for Planning Reform.

We're pleased that the Department has responded to a number of concerns raised with the advertised proposal.

A snapshot of the reforms…

Changes to Land Use Terms and Definitions

Various changes to the land use terms and definitions listed in the Model Provisions are outlined in the report. These changes are informed by the general principle of making land use terms less specific and less prescriptive to reduce complexity and the need for additional terms and definitions to be added over time.

With this principle in mind, the definitions of various existing land use terms such as 'Service Station' and 'Warehouse/Storage' are outlined. Fifteen new land use terms and associated definitions are outlined, some of which replace existing terms. Examples include ‘Shop – Small’ and ‘Shop – Large’, which replace the existing ‘Shop’ land use term, and ‘Beverage Production Facility’, which replaces the existing 'Brewery' and 'Winery' land use terms.

We're pleased that the Department has responded to a number of concerns raised with the advertised proposal, including the maintenance of key elements of the Bulky Good Showroom definition.

Changes to Zones and Reserves, and Associated Objectives

Various changes to the zones and reserves in the Model Provisions are outlined in the report, which have been informed by the same general principle mentioned above. The report outlines that the ‘Commercial’ zone will be phased out, after being made redundant via a wider ‘Centre’ zone.

Six new zones are outlined, such as 'Local Centre' and 'Neighborhood Centre'. Modifications are outlined to the objectives for a number of zones including the 'Centre', 'Mixed Use', 'Strategic Industry' and 'Service Commercial' zones.

Various public purpose reserves have been rationalised, and a new 'Foreshore Reserve' has been added.

Land Use Permissibility for Commercial and Industrial

A standardised land use table for commercial and industrial type zones in the Metropolitan Perth and Peel regions was proposed through the consultation period. This approach was to be implemented through amendments to the Model Provisions initially, followed by transition to the Deemed Provisions in the longer term.

Responding to feedback, the final report scraps this proposal and recommends that a zoning table be outlined in future guidance.

While TBB is supportive of the intention to make land use more consistent across the regions in industrial and commercial areas, it is important that consideration is given to the context of each locality, the vision for precincts and the appropriateness of uses in this context. Particularly when it comes to allowing for complimentary uses that provide for diverse and competitive local economies, respond to land availability and supply critical amenity for workers in industrial areas.

Development Requirements for Commercial and Industrial

The idea of a design code to outline development requirements for industrial type development and potentially service commercial development, was consulted on. As a result of the consultation period, this proposal has been abandoned and will be the subject of further investigation and stakeholder consultation by DPLH in the future. The report suggests a combination of local planning scheme and local planning policy provisions are used to control development, with only primary, critical provisions such as lot sizes, elevated to a scheme level.

TBB is pleased that the Department has responded to a number of concerns raised with the advertised proposal. As highly experienced planners in industrial development within the Western Australian context, we are very familiar with the extremely diverse nature of industrial uses, and the need for flexibility and responsiveness to the practical needs of tenants and operators. The provision of design guidance for individual development precincts needs to consider the local context and vision for that precinct and is appropriately addressed at a local level through the preparation of a Precinct Plan or Design Guideline through the local government. Elevating controls to the local planning scheme should be avoided where possible to maintain flexibility and allow for more efficient processes to take place through amendments to local planning policy to remain agile and respond to varying conditions.

Our team looks forward to the opportunity to be involved in further discussions with the Department about the development of a design code.

What does this mean for local governments?

While the publication of this report provides direction to local governments on future changes to the Regulations and the content of WAPC guidance documentation, the changes outlined will not come into effect until such time that the Regulations are amended, and the guidance is developed and endorsed. This can be expected within a 1 – 3 year horizon.

New local planning schemes or amendments that have been given consent to advertise prior to the amendments to the Regulations will not be required to be made consistent.

For local governments who are about to commence, or are in the early stages of the scheme review process, there is an opportunity to get on the front foot and avoid the need for further review by aligning schemes with the expected changes to the Regulations.

...there is an opportunity to get on the front foot and avoid the need for further review by aligning schemes with the expected changes to the Regulations.

If you would like to discuss the implications and opportunities of the next stage of planning reforms on your local planning scheme, please get in touch with your usual TBB contact or you may contact me directly.

What can development applicants expect?

Changes to land use permissibility and development controls should not be expected immediately. They are, however, expected to be progressively rolled out over time. Future changes to the local planning framework, which may have implications on your development proposals, include:

• The land use term that your operations typically fall within may change. For example, if your operations previously fell within a ‘Brewery’ use class, applicants can now expect a transition to ‘Beverage Production Facility’.
• The level of acceptability of land uses within industrial and commercial areas may change.
• Development controls, such as height limits, building setbacks and car parking minimums, may change.

We hope to see a transition of controls out of local planning schemes and a redirection of these controls to local planning policies. Applicants may see the introduction of new local planning policies and precinct plans to guide industrial and commercial development. We encourage applicants to remain alert and take opportunities to provide feedback on specific local planning schemes or amendments, and new or amended precinct plans and/or local planning policies when advertised.

We encourage applicants to remain alert and take opportunities to provide feedback on specific local planning schemes or amendments.

If you would like to discuss the implications and opportunities of the next stage of planning reforms on your project , please get in touch with your usual TBB contact or you may contact me directly.

Access the final documents on the WAPC site here