18B. Planning for use and development of land in SCA No. 2 11
18C. Planning requirements — SCA No. 2 11
18D. Consultation 11
Part 6 — Development of land
Requirement for approval to commence development 13
Permitted development on reserved land 13
Use of reserved land by a public authority 16
Resolution as to development in respect of zoned land requiring approval 16
Deemed determination of application to commence development where power is delegated to local government 16
Extensions and changes to a non conforming use 17
Amending or revoking a planning approval 18
Unauthorised existing developments 18
Existing uses 18
Existing approvals 18
Part 7 — Applications for planning approval
Form of application 20
Accompanying material 20
Application procedure 21
Advertising of applications 22
Determination by Commission 23
Part 8 — Procedure for dealing with applications
Consultation with other authorities 24
Matters to be considered by Commission 24
Determination of applications 26
Form and date of determination 27
Term of planning approval 27
Temporary planning approval 27
Scope of planning approval 27
Approval subject to later approval of details 28
Deemed refusal 28
Application for review 29
Part 9 — Enforcement and administration
Compensation 30
Powers of the Commission 30
Person must comply with provisions of Scheme 30
Environmental conditions 31
Certificates 31
Schedule 1 — Forms
Schedule 2 — Environmental conditions
Management Plans 38
Biological Survey 38
Connection to Reticulated Sewerage 38
Old Coast Road Wetland 39
Schedule 3 — Certificate
Notes
Compilation table 41
Western Australia
Planning and Development Act 2005 2
Peel Region Scheme
Part 1 — Preliminary
1. Citation
This region planning scheme may be cited as the Peel Region Scheme.
[Clause 1 amended: Gazette 21 May 2013 p. 2004.]
2. Definitions
(1) Subject to subclause (2), words and expressions used in the Scheme have the same respective meanings as they have in the Act.
[(a), (b) deleted]
(2) In this Scheme —
***artificial waterway*** means an artificial channel, lake, harbour or embayment, for navigational, ornamental and recreational purposes, or for any other purposes, and includes any addition to, or alteration of an artificial waterway as so defined;
Department of Water means the department of the Public Service principally assisting in the administration of the Water Agencies (Powers) Act 1984;
local government means a local government of a district in the Region;
region means the Peel Region described in clause 3;
reserved land means land reserved under the Scheme for a public purpose;
reserved land owned by or vested in a public authority includes reserved land in relation to which a public authority has an easement, right of way, right of occupation, or any other interest or right, privilege or concession;
SCA No. 1 means the Water Catchments — Special Control Area shown on the Scheme Map;
SCA No. 2 means the Wastewater Treatment Plant Odour Buffers — Special Control Area shown on the Scheme Map;
Scheme means the Peel Region Scheme;
State forest has the same meaning as in the Conservation and Land Management Act 1984;
State Planning Framework means the State planning policy of that title approved under section 29 of the Act;
Water Corporation means the Water Corporation established by the Water Corporation Act 1995 section 4.
[Clause 2 amended: Gazette 3 Jun 2005 p. 2503; 21 May 2013 p. 2004-5.]
3. Application of Scheme
The Scheme applies to the Peel Region which comprises all of the districts of the City of Mandurah, the Shire of Murray and the Shire of Waroona, as shown on the Scheme Map.
4. Contents of Scheme
The Scheme comprises —
(a) the Scheme Text; and
(b) the Scheme Map (sheets 1 20).
5. Purposes of Scheme
The purposes of the Scheme are to —
(a) provide for the reservation and protection of land for regional transport, conservation, recreation, cultural and other public uses;
(b) provide for the zoning of land for living, working and rural land uses;
(c) provide a mechanism for landowners to be compensated in a fair and equitable manner where land is reserved for a public purpose;
(d) provide an opportunity for the formal environmental assessment of regional planning proposals and provide increased certainty to such proposals;
(e) provide a mechanism for certain development of regional significance, and development in areas of regional significance, to be considered and approved by the Commission; and
(f) identify and protect land having strategic importance for industrial and future urban use.
[Clause 5 amended: Gazette 21 May 2013 p. 2005.]
6. The aims of the Scheme
The aims of the Scheme are to —
(a) promote the sustainable development of land taking into account relevant environmental, social and economic factors;
(b) provide for regional transportation, community services and infrastructure in a way that is efficient, equitable and timely;
(c) protect as regional open space the region’s coastal foreshores, the foreshores of the Serpentine, Murray and Harvey Rivers and the Peel Inlet and Harvey Estuary, as well as other areas of regional conservation significance and areas for regional recreational facilities;
(d) protect surface water catchments and ground water areas for future water supplies;
(e) provide for industrial development in planned estates where land use conflicts and environmental impacts will be minimised and efficient production facilitated;
(f) provide for future urban purposes and prevent development which could prejudice the future development of urban land;
(g) protect strategic agricultural land considered to be of regional importance; and
(h) provide for the efficient and timely extraction of minerals and raw materials and subsequent rehabilitation of affected land.
7. Scheme prevails over inconsistent local planning scheme
If the Scheme is inconsistent with a local planning scheme, the Scheme prevails over the local planning scheme to the extent of the inconsistency.
[Clause 7 amended: Gazette 21 May 2013 p. 2005.]
Part 2 — State Planning Framework
8. Scheme determinations to conform with particular provisions of the State Planning Framework
Except to the extent that those provisions are inconsistent with the Scheme, determinations of the Commission under the Scheme are to be consistent with the provisions of the State Planning Framework that the Commission considers are relevant to the region.
Part 3 — Reserved lands
9. Reserves
The lands shown as Reserved Lands on the Scheme Map are reserved under the Scheme for the public purposes shown on the Scheme Map.
10. Purposes of reserves
Land is reserved under the Scheme for the following public purposes —
(a) Regional Open Space — to protect the natural environment, provide recreational and cultural opportunities, safeguard important landscapes and sites of cultural or historical significance and provide for public access;
(b) Primary Regional Roads — to provide a regional road network to accommodate current and future transport needs on roads declared under the Main Roads Act 1930;
(c) Other Regional Roads — to provide a regional road network to accommodate current and future transport needs on roads for which the planning responsibilities are shared between the Commission and local government;
(d) Railways — to provide for the passage of trains, the marshalling, maintenance and storage of rolling stock, and the conveying of the public and freight by rail;
(e) Waterways — to recognise coastal and inland waterways and lakes, provide for navigation in, and public access to, those waterways and lakes where appropriate and to protect environmental, landscape and cultural values;
(f) State Forests — to recognise State forests;
(g) Other Public Purposes — to provide for other public purposes as denoted on the Scheme Map.
[Clause 10 amended: Gazette 21 May 2013 p. 2005.]
Part 4 — Zones
11. Zones
(1) The region is classified into the zones shown on the Scheme Map.
(2) The zones are delineated and depicted on the Scheme Map according to the legend on the Scheme Map.
12. Purposes of zones
Land is classified into zones under the Scheme for the following purposes —
(a) Urban — to provide for residential development and associated local employment, recreation and open space, shopping, schools and other community facilities;
(b) Urban Deferred — land suitable for future urban development but where there are various planning, servicing and environmental requirements which need to be addressed before urban development can take place;
(c) Regional Centre — the Mandurah central business district within which commercial, civic, cultural, residential, service and administration activities serving the region should be located;
(d) Industrial — to provide for manufacturing industry, the storage and distribution of goods and associated uses;
(e) Rural — to provide for the sustainable use of land for agriculture, assist in the conservation and wise use of natural resources including water, flora, fauna and minerals, provide a distinctive rural landscape setting for the urban areas and accommodate carefully planned rural living developments;
(f) Private Recreation — to accommodate regionally significant open space and recreational activities in private use.
[Clause 12 amended: Gazette 21 May 2013 p. 2006.]
13. Change of zone by resolution
By resolution of the Commission notified in the Gazette, land may be transferred from the Urban Deferred zone to the Urban zone.
Part 5 — Special control areas
[Heading inserted: Gazette 21 May 2013 p. 2006.]
Division 1 — Operation of special control areas
[Heading inserted: Gazette 21 May 2013 p. 2006.]
14. Operation of special control areas
(1) The following special control areas are shown on the Scheme Map —
(a) Water Catchments — Special Control Area (SCA No. 1);
(b) Wastewater Treatment Plant Odour Buffers — Special Control Area (SCA No. 2).
(2) The provisions of this Part applying to the special control areas apply in addition to the provisions of the Scheme applying to any underlying zone or reserve and any general provision of the Scheme.
[Clause 14 inserted: Gazette 21 May 2013 p. 2006.]
Division 2 — Water Catchments
[Heading inserted: Gazette 21 May 2013 p. 2006.]
15. Purposes — SCA No. 1
The purposes of SCA No. 1 are —
(a) to identify proclaimed surface water catchments within the Peel Region; and
(b) to prevent land uses or development which would prejudice the quality or quantity of water supplies for public use.
[Clause 15 inserted: Gazette 21 May 2013 p. 2006.]
16. Planning requirements — SCA No. 1
In considering an application for planning approval in respect of land in SCA No. 1 the Commission is to have regard to the following —
(a) the impact of the proposal on the quality of any existing or future public drinking water supply source;
(b) the extent to which the proposal achieves and adheres to best management practices for the storage of substances that could contaminate the public drinking water sources;
(c) the adequacy of proposed measures to manage run off and drainage;
(d) whether there is any loss of native vegetation that could be detrimental to maintaining water supply and quality;
(e) the recommendations of the Department of Water;
(f) any other matters that the Commission considers relevant.
[Clause 16 inserted: Gazette 21 May 2013 p. 2006-7.]
17. Consultation
In considering an application for planning approval with respect to land wholly or partly within SCA No. 1 the Commission is to consult with the chief executive officer of the Department of Water.
[Clause 17 inserted: Gazette 21 May 2013 p. 2007.]
(a) to identify land likely to be subject to offsite odour impacts from wastewater treatment infrastructure; and
(b) to ensure that the use and development of land is compatible with the ongoing operation and expansion of wastewater treatment infrastructure to the extent possible within identified odour buffers.
[Clause 18A inserted: Gazette 21 May 2013 p. 2007.]
18B. Planning for use and development of land in SCA No. 2
(1) The Commission is to ensure that plans in respect of the future use and development of land within SCA No. 2 are prepared.
(2) The Commission may approve plans prepared in respect of the future use and development of land within SCA No. 2 if the Commission is satisfied that the plans are consistent with the purposes of SCA No. 2.
[Clause 18B inserted: Gazette 21 May 2013 p. 2007.]
18C. Planning requirements — SCA No. 2
In considering an application for planning approval in respect of land in SCA No. 2 the Commission is to have regard to the following —
(a) the compatibility of the proposal with any existing or proposed future use or development of wastewater treatment infrastructure;
(b) the extent to which the proposal is consistent with any plan approved by the Commission under clause 18B(2);
(c) recommendations of the chief executive officer of the Water Corporation;
(d) any other matters that the Commission considers relevant.
[Clause 18C inserted: Gazette 21 May 2013 p. 2007-8.]
18D. Consultation
In considering an application for planning approval with respect to land wholly or partly within SCA No. 2 the Commission is to consult with the chief executive officer of the Water Corporation.
[Clause 18D inserted: Gazette 21 May 2013 p. 2008.]
Part 6 — Development of land
18. Requirement for approval to commence development
Subject to clauses 19 and 20 a person must not commence or carry out —
(a) development on reserved land; or
(b) development of a kind or class specified in a resolution made by the Commission under clause 21,
unless that person has first applied for and obtained the planning approval of the Commission under Part 7.
Note:
Planning approval for development in an area declared to be a planning control area under section 112 of the Act must be obtained under section 116 of the Act.
[Clause 18 amended: Gazette 21 May 2013 p. 2008.]
19. Permitted development on reserved land
The following development on reserved land does not require the planning approval of the Commission —
(a) the erection, construction, maintenance, improvement or alteration of a boundary fence or wall or other means of boundary enclosure;
(b) the carrying out of any building or work which affects only the interior of a building and which does not materially affect the external appearance of the building except where the building is —
(i) located in a place that has been entered in the Register of Heritage Places under the Heritage of Western Australia Act 1990; or
(ii) the subject of an order under Part 6 of the Heritage of Western Australia Act 1990;
(c) the demolition of any building or structure except where the building or structure is —
(i) located in a place that has been entered in the Register of Heritage Places under the Heritage of Western Australia Act 1990; or
(ii) the subject of an order under Part 6 of the Heritage of Western Australia Act 1990;
(d) the erection of signs that —
(i) relate to the functions of a public authority or local government (other than signs of a promotional nature) and are constructed or exhibited by, or on behalf of, the public authority or local government;
(ii) are required for the management or control of traffic on a public road, car park, cycleway, railway or waterway and are constructed or exhibited by or on behalf of a public authority or local government; or
(iii) are required to be exhibited under a written law;
(e) development on reserved land owned by or vested in a public authority that is —
(i) works on land reserved for Primary Regional Roads or Other Regional Roads for the purpose of or in connection with a road within the meaning of the Main Roads Act 1930;
(ii) works for the purpose of, or in connection with, the supply of water or wastewater services, electricity or gas, or the drainage of surplus water or treatment of water, wastewater or surplus water;
(iii) works on land reserved for Railways, or for Primary Regional Roads or Other Regional Roads, for the purpose of or in connection with a railway, but this does not include the construction or alteration of a railway station or any related car parks, public transport interchange facilities, or associated means of pedestrian or vehicular access;
(iv) works on land reserved for Regional Open Space where the works are in accordance with a management plan endorsed by the Commission;
(v) works on land reserved for Public Purposes — High School for the purpose of or incidental to a high school;
(vi) operational works on land reserved for State Forests for the purpose of or incidental to a State forest;
(vii) development that a public authority is expressly authorised under an Act to commence or carry out without the approval of the Commission;
(f) any development or class of development that the Commission by resolution, notice of which is published in the Gazette, declares to be development not requiring the approval of the Commission;
(g) the erection, construction, maintenance, improvement or alteration of a jetty or associated structure (including a boat lifting device or mooring pile) within an artificial waterway except where the jetty or associated structure —
(i) does not comply with a policy in regard to such structures that is adopted by the relevant local government; or
(ii) is situated within the Dawesville Channel or on a regionally significant waterway identified by resolution of the Commission for the purposes of this provision.
[Clause 19 amended: Gazette 3 Jun 2005 p. 2503; 21 May 2013 p. 2008.]
20. Use of reserved land by a public authority
Without limiting clause 19, reserved land owned by or vested in a public authority may be used by the public authority without the approval of the Commission if the land is used —
(a) for the purpose for which it is reserved under the Scheme; or
(b) for any purpose for which the land may be lawfully used by the public authority.
21. Resolution as to development in respect of zoned land requiring approval
(1) The Commission may by resolution require development on land zoned under this Scheme to have the planning approval of the Commission before it is commenced or carried on.
(2) The resolution may be made so as to apply to —
(a) all land, or a specified area of land, zoned under this Scheme; and
(b) all development or classes of development or a specified development or class of development on land zoned under this Scheme.
(3) Notice of the resolution is to be —
(a) published in the Gazette; and
(b) served on each local government,
as soon as practicable after the resolution is made.
22. Deemed determination of application to commence development where power is delegated to local government
(1) If —
(a) a determination is made by a local government under a local planning scheme in respect of planning approval for development on land to which a resolution under clause 21 applies;
(b) at the same time as the application for that planning approval was made under the local planning scheme, an application was made to that local government under this Scheme for planning approval in respect of the same development; and
(c) the local government has power, pursuant to a delegation by the Commission, to determine the application made under this Scheme,
then, subject to subclause (2) and despite any other provision of this Scheme, the local government is deemed to have made, at the same time as the determination under the local planning scheme was made, the same determination under this Scheme in respect of the development.
(2) Nothing in this clause prevents the Commission from exercising its power to determine an application for planning approval in accordance with the terms of the delegation referred to in subclause (1)(c).
[Clause 22 amended: Gazette 21 May 2013 p. 2009.]
23. Extensions and changes to a non conforming use
(1) A person must not —
(a) alter or extend a non conforming use;
(b) erect, alter or extend a building used in conjunction with or in furtherance of a non conforming use; or
(c) change the use of land from a non conforming use to another non conforming use,
unless that person has first applied for and obtained planning approval under Part 7.
(2) In this clause —
non‑conforming use has the meaning given in section 172 of the Act.
[Clause 23 amended: Gazette 21 May 2013 p. 2009.]
24. Amending or revoking a planning approval
The Commission may, on written application from the owner of land in respect of which planning approval has been granted, revoke or amend the planning approval prior to the commencement of the development that is the subject of the planning approval.
25. Unauthorised existing developments
(1) Despite clauses 18, 23 and 45, the Commission may grant planning approval for a development already commenced or carried out.
(2) Subclause (1) does not affect the operation of clauses 18, 23 and 45 and Part 13 of the Act in respect of development commenced or carried out before planning approval has been granted.
(3) Development which was unlawfully commenced is not rendered lawful by the occurrence of any subsequent event except the granting of planning approval for the development, and the continuation of a development unlawfully commenced is taken to be lawful upon the grant of planning approval.
[Clause 25 amended: Gazette 21 May 2013 p. 2009.]
26. Existing uses
Nothing in this Scheme prevents the continued use of land for the purpose for which it was being lawfully used immediately before the Scheme came into effect.
27. Existing approvals
Development —
(a) that was lawfully being carried out in a local government district in the region immediately before the Scheme came into effect; or
(b) in respect of which all necessary approvals under the local planning schemes applying to that district were in force immediately before the Scheme came into effect,
may be lawfully carried out as if this Scheme had not come into effect.
[Clause 27 amended: Gazette 21 May 2013 p. 2009.]
Part 7 — Applications for planning approval
28. Form of application
An application for planning approval is to be —
(a) made in the form of Schedule 1 Form 1;
(b) signed by the owner of the land on which the development is proposed; and
(c) accompanied by such plans and other information as are required under clause 29.
29. Accompanying material
Unless the Commission waives any particular requirement, every application for planning approval is to be accompanied by —
(a) a plan or plans to a scale of not less than 1:500 showing —
(i) the location of the site including street names, lot numbers, north point and the dimensions of the site;
(ii) the existing and proposed ground levels over the whole of the land that is the subject of the application;
(iii) the location, height and type of all existing structures on the land that is the subject of the application, and all existing structures and vegetation proposed to be removed;
(iv) the existing and proposed use of the site, including proposed hours of operation, and buildings and structures to be erected on the site;
(v) the existing and proposed means of access for pedestrians and vehicles to and from the site;
(vi) the location, number, dimensions and layout of all car parking spaces intended to be provided;
(vii) the location and dimensions of any area proposed to be provided for the loading and unloading of vehicles carrying goods and commodities to and from the site and the means of access to and from those areas;
(viii) the location, dimensions and design of any open storage or trade display area, and particulars of the manner in which it is proposed to develop those areas; and
(ix) the nature and extent of any open space and landscaping proposed for the site;
and
(b) plans, elevations and sections of any building proposed to be erected or altered and of any building it is intended to retain,
and an applicant is also to provide —
(c) any specialist studies that the Commission may require the applicant to undertake in support of the application such as traffic, heritage, environmental, engineering or urban design studies;
(d) any management plans that the Commission may require to support the application; and
(e) any other plan or information relating to the proposed development that the Commission may reasonably require.
30. Application procedure
(1) An application for planning approval is to be lodged with the local government in whose district the land that is the subject of the application is situated.
(2) A local government which receives an application under subclause (1) is to forward it to the Commission within 7 days of receiving it.
(3) A local government may make recommendations to the Commission regarding an application it has forwarded to the Commission within 42 days, or such longer period as the Commission allows, of the receipt of the application by the local government.
31. Advertising of applications
(1) If the Commission is of the opinion that planning approval should not be granted before notice of the application is given, the Commission may give notice, or require the applicant to give notice, of the application for planning approval in one or more of the following ways —
(a) notice of the proposed development served on nearby owners and occupiers who, in the opinion of the Commission, are likely to be affected by the proposed development, stating that submissions may be made to the Commission by a day specified in the notice, being not less than 14 days from the day the notice is served;
(b) notice of the proposed development published in a newspaper circulating in the region stating that submissions may be made to the Commission by a day specified in the notice being not less than 14 days from the day the notice is published;
(c) a sign or signs displaying notice of the proposed development erected in a conspicuous position on the land on which development is proposed for a period of not less than 14 days from the day the notice is erected.
(2) The notice referred to in subclause (1) is to be in the form of Schedule 1 Form 2 with such modifications as are considered appropriate by the Commission.
(3) Any person may inspect the application for planning approval referred to in the notice and the material accompanying that application during business hours at the offices of the Commission.
32. Determination by Commission
After —
(a) the expiry of the period referred to in clause 30(3) within which the local government may make recommendations, or the making of recommendations by the local government under clause 30(3), whichever is sooner; and
(b) the expiry of any period specified for the purposes of clause 31(1)(a), 31(1)(b) or 31(1)(c) in respect of the notice of proposed development,
the Commission may determine the application for planning approval.
Part 8 — Procedure for dealing with applications
33. Consultation with other authorities
(1) The Commission may consult on a proposed development with any public authority it considers appropriate.
(2) The Commission is not to determine a planning application in respect of land reserved under the Scheme for the purposes of a public authority without first consulting that public authority.
34. Matters to be considered by Commission
The Commission in considering an application for planning approval is to have regard to such of the following matters as are in the opinion of the Commission relevant to the development that is the subject of the application —
(a) the aims and provisions of the Scheme and any other local planning schemes in effect within the region;
(b) the requirements of orderly and proper planning including any relevant proposed Scheme amendment, or new local planning scheme or amendment, for which consent for public submissions to be sought has been granted;
(c) any State planning policy;
(d) any environmental protection policy approved under the Environmental Protection Act 1986;
(e) any policy or strategy of the Commission and any policy adopted by the Government of the State;
(f) any catchment management plans approved by the Commission;
(g) the provisions of any Local Planning Strategy of the local government in respect of a local planning scheme, as approved by the Commission under regulation 12B of the Town Planning Regulations 1967 and amended from time to time;
(h) in the case of land reserved under the Scheme, the purpose for which the land is reserved;
(i) the conservation of any place that is —
(i) entered in the Register of Heritage Places under the Heritage of Western Australia Act 1990; or
(ii) included in a Heritage List or a Heritage Area under a local planning scheme;
(j) the compatibility of a development with its setting;
(k) any social issues that have an effect on the amenity of the locality;
(l) the cultural significance of any place or area affected by the development;
(m) the likely effect of the proposal on the natural environment and any means that are proposed to protect or to mitigate impacts on the natural environment;
(n) whether the land to which the application relates is unsuitable for the proposal by reason of it being, or being likely to be, subject to flooding, tidal inundation, subsidence, landslip, bush fire or other risk;
(o) the preservation of the amenity of the location;
(p) the relationship of the proposal to development on adjoining land or on other land in the locality, including but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the proposal;
(q) whether the proposed means of access to and egress from the site are adequate and whether adequate provision has been made for the loading, unloading, manoeuvring and parking of vehicles;
(r) the amount of traffic likely to be generated by the proposal, particularly in relation to the capacity of the road system in the locality and the probable effect on traffic flow and safety;
(s) whether public transport services are necessary and, if so, whether they are available and adequate for the proposal;
(t) whether public utility services are available and adequate for the proposal;
(u) whether adequate provision has been made for access for pedestrians and cyclists (including end of trip storage, toilet and shower facilities);
(v) whether adequate provision has been made for access by disabled persons;
(w) whether adequate provision has been made for the landscaping of the land to which the application relates and whether any trees or other vegetation on the land should be preserved;
(x) whether the proposal is likely to cause soil erosion or land degradation;
(y) the potential loss of any community service or benefit resulting from the planning approval;
(z) any relevant submissions received on the application;
(za) any recommendations received from a local government under clause 30(3);
(zb) consultations under clause 33(1); and
(zc) any other planning consideration the Commission considers relevant.
[Clause 34 amended: Gazette 21 May 2013 p. 2009-10.]
35. Determination of applications
In determining an application for planning approval the Commission may —
(a) grant its approval with or without conditions; or
(b) refuse to grant its approval.
36. Form and date of determination
(1) As soon as practicable after determining an application, the Commission is to give notice of the determination to the applicant in the form of Schedule 1 Form 3.
(2) The date of the determination is the date specified in the notice.
(3) If the Commission refuses an application for planning approval the Commission is to give reasons for its refusal.
37. Term of planning approval
(1) If the Commission grants planning approval for the development of land —
(a) the development approved is to be substantially commenced within 2 years, or such other period as is specified in the approval, after the date of the determination; and
(b) the approval lapses if the development has not substantially commenced before the expiration of that period.
(2) A written request may be made to the Commission for an extension of the term of planning approval at any time prior to the expiry of the approval period under subclause (1).
38. Temporary planning approval
If the Commission grants planning approval, the Commission may impose conditions limiting the period of time for which the approval is given.
39. Scope of planning approval
Planning approval may be granted —
(a) for the development for which the approval is sought;
(b) for that development, except for a specified part or aspect of that development; or
(c) for a specified part or aspect of that development.
40. Approval subject to later approval of details
(1) Where an application for planning approval is for a development that includes the carrying out of any building or works, the Commission may grant approval subject to matters requiring the subsequent planning approval of the Commission. These matters may include the siting, design and external appearance of the buildings, means of access, landscaping and such other matters as the Commission thinks appropriate.
(2) In respect of an approval requiring subsequent planning approval, the Commission may require such further details as it thinks appropriate prior to considering the application for subsequent planning approval.
(3) Where the Commission has granted approval subject to matters requiring the later planning approval of the Commission, an application for approval of those matters must be made not later than 2 years after the date of the determination of the first approval, or such other period as is specified in the first approval.
41. Deemed refusal
(1) Subject to subclause (2), an application for planning approval is deemed to have been refused if a determination in respect of that application is not given to the applicant by the Commission within 60 days of the receipt of the application by the Commission, or within such further time as is agreed in writing between the applicant and the Commission.
(2) An application for planning approval which is the subject of a notice under clause 31 is deemed to be refused where a determination in respect of that application is not given to the applicant by the Commission within 90 days of the receipt of the application by the Commission, or within such further time as is agreed in writing between the applicant and the Commission.
(3) Despite an application for planning approval being deemed to have been refused, the Commission may issue a determination in respect of the application at any time after the expiry of the period referred to in subclause (1) or (2), as the case requires, and that determination is as valid and effective from the date of determination as if it had been made before the period expired.
42. Application for review
An applicant aggrieved by —
(a) the exercise of a discretionary power by the Commission under the Scheme in respect of the application; or
(b) a decision of the Commission not to transfer land from the Urban Deferred zone to the Urban zone,
may apply to the State Administrative Tribunal for a review under Part 14 of the Act.
[Clause 42 amended: Gazette 21 May 2013 p. 2010.]
Part 9 — Enforcement and administration
43. Compensation
(1) A claim for compensation for injurious affection may be made under Part 11 of the Act.
(2) A claim for compensation for injurious affection to land or property other than reserved land is to be lodged at the office of the Commission within 6 months of the date of publication in the Gazette of notice of the approval of the Scheme or the amendment by which the land or property is injuriously affected.
(3) A claim for compensation is to be in the form of Schedule 1 Form 4.
(4) If compensation for injurious affection is claimed as a result of the operation of the provisions of section 174(1) of the Act the Commission may at its option elect to acquire the land so affected instead of paying compensation.
[Clause 43 amended: Gazette 21 May 2013 p. 2010.]
44. Powers of the Commission
(1) The Commission in implementing the Scheme has the power to enter into an agreement with any owner, occupier or other person having an interest in land affected by the provisions of the Scheme in respect of any matters pertaining to the Scheme.
(2) An officer of the Commission authorised by the Commission may, at all reasonable times and with such assistance as may be required, enter any building or land in the region for the purpose of ascertaining whether the provisions of the Scheme are being observed.
45. Person must comply with provisions of Scheme
A person must not —
(a) contravene the provisions of the Scheme;
(b) use a building or commence or continue to carry out any development within the region otherwise than in accordance with —
(i) the Scheme; and
(ii) any conditions imposed upon the grant of any approval under the Scheme in respect of the use or development.
46. Environmental conditions
(1) Environmental conditions incorporated into the Scheme are set out in Schedule 2.
(2) Where appropriate, the environmental conditions are indicated on the Scheme Map by the symbol EC to indicate that environmental conditions apply to the land.
(3) The Commission is to —
(a) maintain a register of all relevant statements published under sections 48F and 48G of the Environmental Protection Act 1986; and
(b) make the statements available for public inspection at the offices of the Commission.
47. Certificates
The Commission may, on payment of the relevant fee set under section 20 of the Act, issue a certificate in the form set out in Schedule 3 in respect of any land, stating the manner in which it is affected by the Scheme and the purpose, if any, for which the land is reserved under the Scheme.
[(2) deleted]
[Clause 47 amended: Gazette 1 Jun 2012 p. 2285.]
Schedule 1 — Forms
Form 1
Form of Application for Planning Approval
[cl. 28]
Peel Region Scheme
Owner details
Name:
Address:
Postcode:
Phone: (home):
(work):
Fax:
(mobile):
E-mail:
Contact person:
Signature:
Date:
Signature:
Date:
The signature of the owner(s) is required on all applications. This application will not proceed without that signature.
Applicant details
Name:
Address:
Postcode:
Phone: (home):
(work):
Fax:
(mobile):
E-mail:
Contact person for correspondence:
Signature:
Date:
Propertydetails
Lot No.:
House/Street No.:
Location No.:
Diagram or Plan No.:
Certificate of Title Vol. No.:
Folio:
Diagram or Plan No.:
Certificate of Title Vol. No.:
Folio:
Title encumbrances (e.g. easements, restrictive covenants):
Street name:
Suburb:
Nearest street intersection:
Existing building/land use:
Description of proposed development and/or use:
Nature of any existing buildings and/or use:
Approximate cost of proposed development:
Estimated time of completion:
OFFICE USE ONLY
Acceptance Officer’s initials:
Date received:
Local government reference No.:
Commission reference No.:
Form 2
Notice of Public Advertisement of Planning Proposal
[cl. 31]
Peel Region Scheme
Western Australian Planning Commission
The Commission has received an application to use and/or develop land for the following purpose and public comments are invited.
Details of the proposal are available for inspection at the Commission’s office. Comments on the proposal may be submitted to the Commission in writing on or before the ................... day of …………………………………..
Signed:
Dated:
for and on behalf of the Western Australian Planning Commission
Form 3
Notice of Determination of Application for Planning Approval
[cl. 36]
Peel Region Scheme
Western Australian Planning Commission
Location:
Lot No.: Plan/Diagram:
Vol. No.: Folio No.:
Application date: Received on:
Description of proposed development: …………………………………………………………............. …………………………………………………………………. ……………………………………………………………….....
The application for planning approval is:
granted subject to the following conditions
refused for the following reason(s):
Condition(s)/reason(s) for refusal: ………………………………………………………………...... ………………………………………………………………...... ………………………………………………………………….. …………………………………………………………………..
Note If the development that is the subject of this approval is not substantially commenced within a period of 2 years, or such other period as specified in the approval after the date of the determination, the approval shall lapse and be of no further effect.
Note Where an approval has so lapsed, no development shall be carried out without the further approval of the Commission having first been sought and obtained.
Note If an applicant is aggrieved by this determination there is a right of appeal under clause 42 of the Scheme. An appeal must be lodged within 60 days of this determination.
Signed:
Dated:
for and on behalf of the Western Australian Planning Commission
Form 4
Claim for Compensation for Injurious Affection
[cl. 43]
Peel Region Scheme
To the Western Australian Planning Commission:
Owner details*
Name:
Address:
Postcode:
Phone (home):
(work):
Fax:
(mobile):
E-mail:
[*If the claim is made under section 177(1)(a) of the Act, the details are to be those of the owner of the land at the date of reservation or alteration of the reservation, as the case requires.
If the claim is made under section 177(1)(b) of the Act, the details are to be those of the owner of the land at the date of the application for approval to carry out development.]
Contact person:
Signature: Date:
Signature: Date:
The signature of the owner(s) is required on all applications. This application will not proceed without that signature.
Details of property in respect of which claim for compensation for injurious affection is made
Lot No.: House/Street No.: Location No.:
Diagram or Plan No.: Certificate of Title Vol. No.: Folio:
Diagram or Plan No.: Certificate of Title Vol. No.: Folio:
Title encumbrances (e.g. easements, restrictive covenants):
Street name: Suburb:
Nearest street intersection:
Existing building/land use:
Description of proposed development and/or use:
Nature of any existing buildings and/or use:
State reasons for the claim that the property has been injuriously affected
State amount of compensation claimed
The amount of compensation claimed is:
which is made up as follows:
$
[Form 4 amended: Gazette 21 May 2013 p. 2010-11.]
Schedule 2 — Environmental conditions
[cl. 46]
Management Plans
1.1 The following Management Plans may be required in accordance with the specifications set out in Attachment 1 in the Minister for the Environment and Heritage’s “Statement that a Scheme may be Implemented” No. 000601 published on 2 August 2002, and shall be subsequently implemented in accordance with the provisions of the Plans, to the satisfaction of the Western Australian Planning Commission:
— Environmental Management Plans;
— Drainage, Nutrient and Water Management Plans; and
— Lake Clifton Environmental Management Plans.
Biological Survey
2.1 Prior to rezoning of land in the Scheme which has the potential to impact on regionally significant native remnant vegetation or native fauna, the Responsible Authority may require a biological survey, including a search for Declared Rare Flora and Fauna, Priority Flora, Threatened Flora Communities and Threatened Fauna, to be undertaken.
The biological survey shall be prepared to the satisfaction of the Responsible Authority having due regard for advice from relevant government authorities, and shall be taken into account when considering the rezoning and subsequent subdivision and development applications.
Connection to Reticulated Sewerage
As part of an amendment to a local town planning scheme or application to subdivide or develop land for residential, special residential, commercial, industrial or tourist purposes, the Western Australian Planning Commission or local government may require connection of the land to reticulated sewerage where the land is —
(1) within the Peel Harvey Coastal Plain Catchment Area and therefore subject to provisions of the Statement of Planning Policy No. 2 for the Peel Harvey Coastal Plain Catchment;
(2) outside the Peel Harvey Coastal Plain Catchment Area and has an Average Annual Maximum Groundwater Level of less than 1.2 metres below the natural ground surface or where subsoil drainage is proposed or will be required as a part of subdivision or development; or
(3) within the groundwater catchment of Lake Clifton.
Old Coast Road Wetland
4.1 The wetland contained on Pt Loc 1011 Willoughbridge Crescent, Erskine shall be set aside for conservation, in accordance with the requirements set out in Attachment 1 of the Minister for the Environment and Heritage’s “Statement that a Scheme may be Implemented” No. 000601 published on 2 August 2002.
Schedule 3 — Certificate
[cl. 47]
Peel Region Scheme
Scheme Certificate
In accordance with clause 47 of the Peel Region Scheme the following information is furnished in respect of: