Region Scheme Development Approval Process

The Planning and Development Act 2005 (P&D Act) and Texts (MRS, GBRS and PRS) contain specific references to the nature and purpose of a region scheme, noting that it is different from a local planning scheme.  The P&D Act in section 34(1) states that region schemes are intended to address matters of State or regional importance. The new MRS text in clause 4 explains that the MRS has a different role to a local planning scheme notwithstanding that they may both apply to the same land. It is proposed that a similar clause will be inserted in both the GBRS and PRS.

A region scheme is focused on broader strategic matters to guide overall planning and this principle also guides decision making under a region scheme. The provision included in the MRS and similar clauses to be provided in the GBRS and PRS provide greater clarity as to the relationship and interaction between local and region planning schemes. Therefore, development approval may be required under a local planning scheme but not the region scheme, or vice versa.

The legislative note in the MRS text draws attention to the fact that under section 124 of the P&D Act, a region planning scheme (MRS, GBRS and PRS) prevails over a local planning scheme to the extent of any inconsistency. As local and region planning schemes have different roles and focus, there will be no inconsistency between a local and a region planning scheme to the extent they deal with different development approvals.

Importantly, it is not the role of the WAPC under a region scheme simply to replicate or second guess assessments by local governments under their relevant local planning scheme. Rather, attention should be drawn to the fact that the WAPC’s role and the focus applied under a region scheme is different.

In the context of the MRS cl 28 Notice, GBRS cl 27 Notice and PRS cl 21 Notice State and regional significance applies to the nature of the development in context of the scheme, being the focus on high level strategic matters, as opposed to the fine detail that characterises local planning.

What does State or Regional Significance mean?

There is no prescribed definition of what a development of State and regional significance is, largely because the concept is meant to have a degree of flexibility. However, the concept is reasonably well understood by planning practitioners having been used in the previous cl.32 Notice of the MRS (now a cl. 28 Notice), and the equivalent cl 27 and cl 21 Notices of the GBRS and PRS respectively.

In general, State and regional significance can relate to social, economic and environmental importance of the development, including:

• the nature, scale and/or geographical area of influence. 
• the potential contribution to delivery of physical, community or other infrastructure and/or building sustainable communities.
• the potential contribution to the economic well-being of the State or region such as by facilitating local employment opportunities. 
• the potential contribution to the strategic direction or strategic outcomes identified in relevant State policies, plans or strategies including industry development initiatives or regional or sub-regional strategies; and
• the potential to make an important contribution for the State or region to promotion of the sustainable use and development of land and the general principles of the State Planning Framework.

What is the process for development applications of state or regional significance or in the public interest? 

If a particular development proposal is of state or regional significance or if it’s in the public interest that the matter is determined by the WAPC, the Department of Planning Lands and Heritage will bring the matter to the attention of the WAPC Chair. Under Instrument of Delegation DEL 2025/05, the WAPC Chair and Deputy Chair have delegated authority to form an opinion as to whether a matter is of State or regional significance, or whether, for public interest reasons, it should be determined by the WAPC. If the WAPC Chair is of the opinion that the matter is indeed of State or regional significance and needs to be determined by the WAPC, the relevant Local Government will be notified in writing that a region scheme application is required and that the application will be assessed and determined by the WAPC.

In the context of the regional functions of a region scheme, the de minimis principle should be considered. This principle comes from the legal maxim de minimis non curat lex, which means ‘the law does not concern itself with trifles’. Therefore, even though both the region scheme and the local scheme use the same definition of development from the P& D Act, it may be that some development which requires approval under a local planning scheme would in fact be de minimis from a regional perspective and would not require approval under the region scheme.

The terms ancillary and incidental are existing planning terms. Incidental use is defined in the Planning and Development (Local Planning Scheme) Regulations 2015 (LPS Regs) and means “use of premises or proposed development which is consequent on, or naturally attaching, appertaining or relating to, the predominant use” and generally does not require separate development approval if the predominant existent use has a development approval. Ancillary is defined in the dictionary as providing support to the primary activity, ie it is additional, extra, supplemental. Whether a use is incidental or ancillary to the primary or predominant use is a matter of fact and degree. It depends on each individual application. 

When is approval required for development on zoned land?

Most development on zoned land is exempt from the requirement for development approval unless included in a notice issued by the WAPC under the region scheme. The notices for each region scheme can be accessed here MRS Clause 28 Notice, GBRS Clause 27 Notice and PRS Clause 21.

Additionally clause 27 (1)(c) of the MRS requires that planning approval is required for land comprised in a lot any part of which (but not all of which) is within the Swan Canning development control area; or land (including water) that abuts the Swan Canning development control area.

Where there is a requirement for region scheme approval on zoned land, the development may also require approval under the local planning scheme. In most instances where dual approval is needed, the region scheme assessment and determination is delegated to the local government. For certain types of development such as public works, the decision-making powers are delegated to State agencies.

Development that does not require approval under a local planning scheme because of the deemed provisions at clause 61(1)(b) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 has generally also been exempted through the provisions of the MRS cl 28 notice to avoid any confusion.

When is approval required for development on reserved land?

The requirement for development on reserved land are prescribed in the text of each region scheme. Some public works may be exempt.

Application under the local planning scheme is taken to be application under MRS, (cl.34). If development approval is required under both a local planning scheme and the MRS, the local panning scheme application form is also the application under the MRS. These provisions have not yet been inserted into the GBRS and PRS and a separate application form (form 1) will need to be completed for those two schemes.

If there is only a region scheme development application, for example for Public Works or development on a region scheme reservation, the region scheme form 1 is to be used. New provisions have been included in the MRS to allow for amendments to approvals (cl.54) and this can be done by lodgement of MRS form 2.

Region Scheme Forms are available here Region Scheme Forms.

Application for DPLH advice and/or recommendations or applications for WAPC determination should be lodged via the Planning Online Portal.

Delegation instruments have been approved by the WAPC for local government and state agencies. They can be found here WAPC Delegation Instruments.

The delegation instruments contain the referral requirements for each type of development and the relevant conditions that apply to each instrument. In general terms, if a delegate accepts the advice and/or recommendations (if any received) of the public authorities, the delegate can determine the application on behalf of the WAPC. If the delegate cannot meet the referral requirements or the conditions of the delegation, the application will need to be determined by the WAPC.