Planning and Development (Local Planning Schemes) Regulations 2015

The Planning and Development (Local Planning Schemes) Regulations 2015 took effect in October 2015, and were amended in 2020 as part of major reform of the State’s planning system.

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 have made various improvements to local planning processes and have been introduced in two stages. 

The first stage included 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
  • 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 took effect. In response to feedback from public consultation, the new approach will apply only to planning applications in the Perth and Peel region scheme areas.

The key parts to these provisions include parking exemptions for certain types of development and a standard and consistent approach to car parking variations, waivers, cash in lieu and shared parking.

The Regulations can be downloaded below. 

Fact sheets

The following fact sheets provide information on reform initiatives. 

Fact Sheet - Planning Reform (LPS Regulations Cutting Red Tape)
Fact Sheet - Planning Reform (LPS Regulations Improved Consultation Practices)
Fact Sheet - Planning Reform (LPS Regulations Streamlined Approvals Processes)

Regulations

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, Deemed Provisions and FAQ documents have been updated to reflect all amendments gazetted.

Detailed flowcharts are available on the Planning process flow charts page.

Planning and Development (Local Planning Schemes) Regulations 2015
Practitioners’ Frequently Asked Questions (updated April 2021)
Planning and Development (LPS) Regulations 2015 February 2021 operational amendments

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, a manner and form document is provided below.

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.

Form 1A Resolution of a local government to prepare or adopt a new local planning scheme
Form 1B Notification of resolution to prepare or adopt a new local planning scheme
Form 1D Advertisement for significant modification to a new local planning scheme amendment by local government
Form 2A Resolution to prepare or adopt a local planning scheme amendment
Form 2B Advertisement for a standard or complex local planning scheme amendment
Form 2C Advertisement for significant modification to a local planning scheme amendment by local government
Form 3B Advertisement of approved local planning scheme or scheme amendment by local government

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.  

Form 5A - Notification of advertising of a structure plan (Local Governments only)
Form 5B - Application for determination of a structure plan (Local Governments only)
Form 5C - Application to amend an approved structure plan (Local Governments only)
Form 5D - Application to extend the approval period of a structure plan (Local Governments only)
Form 5E - Structure Plan Modification and Resubmission (Local Governments only)
Form 5F - Further information for a structure plan (Local Governments only)

Development assessment - Planning approval exemptions and streamlined approval processes

A number of explanatory guidance and manner and form documents have been prepared in response to amendments to the Regulations that either became operational on 15 February 2021 or 1 July (Part 9A - Provisions about car parking).

The explanatory guidance documents explain how specific clauses with the Deemed Provisions (Schedule 2) of the Regulations are to operate and support specific clauses within the Deemed Provisions (Schedule 2) of the Regulations that require conformance with manner and form.

Explanatory Guidelines clause 61A Advice on planning approval exemptions for single houses
Explanatory Guidelines clause 63A Accepting a development application for assessment
Explanatory Guidelines clause 65A and 65B Requests for additional information for development applications accepted for assessment
Clause 61A Advice on planning approval exemptions for single houses (deemed to comply check) - Advice of local government form
Clause 61A Advice on planning approval exemptions for single houses (deemed-to-comply check) - Application for advice
Clause 64(3)(c) and (4)(c) – Erecting signs for notice of development applications

Development assessment - Cash in lieu for on-site non-residential car parking

The explanatory guidance and manner and form documents provided below support provisions within Part 9A of the Regulations, specific to cash in lieu.  

The manner and form document must be used to prepare a Payment in Lieu of Parking Plan (Plan) if a local government wants to apply cash in lieu conditions to non-residential development approvals.  

The explanatory guidance provides information on how to prepare a Plan, including what information should be included and how best to implement it.  

On 8 June 2021, the Method of Calculation provided below was published in the Gazette and it became operational on 1 July 2021.  The Method of Calculation is required to be used by local government to calculate cash in lieu.

It is important to note that a two-year transition period is available for local governments to prepare a Plan while still enabling cash in lieu conditions to be applied to development approvals.  This is only available if a local government already had an existing plan to spend cash in lieu, enabled by provisions within a local planning scheme or similar.  The Method of Calculation provided below must however be used to calculate cash in lieu payments.

A fact sheet and flow chart to explain how cash in lieu is considered through a development assessment process is also provided.

Explanatory Guidelines - Payment in Lieu of Parking Plan
Page reviewed 27 August 2021