Planning subdivision fees and forms

How do I apply for an extension of time under section 145A?

Applications to extend the period of time are to be made via the Form 4A and must include:

• Evidence that the applicant has done everything that is reasonably practicable to enable the applicant to submit, and request approval of, the diagram or plan of survey in the original timeframe; and
• Correspondence from the Local Government confirming that the plan of subdivision remains consistent with the local planning framework applicable to the area covered by the plan of subdivision.

The required accompanying information/documentation is set out on the Form 4A which can be accessed on the Department of Planning, Lands and Heritage’s website.

There is currently no application fee associated with a Form 4A application.

How long before the expiration of my subdivision approval should a Form 4A application be submitted?

For an extension to be granted, the WAPC needs to be satisfied that the criteria under section 145A(4) has been met and the applicant needs to demonstrate that all efforts have been made to comply with the conditions of approval within the original subdivision approval period. This may be difficult to achieve if the Form 4A application is submitted when there is more than 6 months remaining on a 3-year approval (5 lots or less), or more than 12 months remaining on a 4-year approval (more than 5 lots).

If the application is submitted earlier than this, then the WAPC may consider that the applicant has not done everything that is reasonably practicable to enable the submission, and approval, of the diagram or plan of survey, and that the remaining time within the subdivision approval period is sufficient to satisfy the outstanding conditions.

An application may not be accepted if the requirements of the Form 4A are incomplete and/or the additional information outlined in sections 5, 6 and 7 of the Form 4A is not provided.

My subdivision approval is about to expire, but I have not taken any steps to satisfy any conditions of the approval. Can I lodge a Form 4A application?

An application is unlikely to be successful as it would be difficult for the applicant to demonstrate they have done everything that is reasonably practicable to enable the submission, and approval, of the diagram or plan of survey within the original subdivision approval period. 

I submitted my Form 4A application before my subdivision approval expired, but the extension wasn’t granted until after the expiration of the approval. What happens now?

The subdivision approval is taken to have not expired, and the 2-year extension to the approval period still applies. 

In these instances, the 2-year extension is from the original subdivision approval expiry date, and not from the date that the Form 4A was determined.

What criteria will the WAPC consider when assessing my application?

The WAPC must be satisfied that the applicant has done everything that is reasonably practicable to enable the submission, and request approval of, the diagram or plan of survey within the original subdivision approval period. The applicant must demonstrate to the WAPC, with supporting evidence from the relevant clearing authority, that: 

• where conditions of subdivision approval require that studies/reports/plans/technical drawings are to be prepared, these have been prepared and signed off by the relevant public authority/local government/utility service provider; and
• construction/building/servicing works are substantially progressed. In this case the applicant must provide a reasonable timeline for completion. Evidence to this effect can include service agreements, building contracts, photographs, and correspondence with relevant agencies.

Reasons for incomplete works, which are likely to support a grant of an extension are those relating to unforeseen or extreme events, such as disruption or delays to supply chains and trades, and is unlikely to include personal business or financial considerations.

The WAPC must also be satisfied that since the approval of the plan of subdivision was granted, there have been no significant changes to the requirements that apply under the Planning and Development Act 2005 to the area covered by the plan of subdivision. Correspondence from the relevant local government confirming that the plan is still consistent with the local planning framework applicable to the area is to accompany the Form 4A application.

How long will it take for the WAPC to determine my application once submitted?

Section 145A(6) specifies that the WAPC must try to deal with an application within the period of 30 days after the day on which the application is made or within such longer period after that day as may be agreed in writing between the WAPC and the applicant.

Should the WAPC require more than 30 days to make a determination, then the applicant will be advised and a deferral of time arrangement can be entered into between the WAPC and the applicant.

What happens if my application is refused?

Should an applicant be aggrieved by the WAPC’s decision, there is a right to apply for a review of that decision under Part 14 section 251(6) of the Planning and Development Act 2005. 

How is this section 145A application for an extension different to the automatic extension that applies under Part 18 of the Planning and Development Act 2005?

The Part 18 Extension of time for endorsement of diagram or plan of survey due to COVID-19 pandemic granted an automatic 2-year extension to certain subdivision approvals due to the State of emergency that took effect on 16 March 2020. 

Applications that were granted this automatic extension were those that were either approved prior to 16 March 2020 (and had not yet expired), or those that were submitted prior to 16 March 2020 and had not been determined.

If my subdivision was subject to the automatic extension under Part 18, can I also apply for a further extension under Section 145A?

No. Section 288(3) of the Planning and Development Act 2005 specifies that the WAPC cannot also grant an extension under Section 145A in relation to the plan of subdivision.

How many extensions of time under section 145A can be granted?

In accordance with section 145A(5) of the Planning and Development Act 2005 the WAPC must not grant more than 1 extension.