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Who is affected

• Local governments: greatest operational burden — must follow the procedural steps, hold advertising periods, prepare reports, publish documents, and interact with the Commission and Minister (numerous provisions across Parts 3–6 and Schedule 2).

• Landowners and developers: affected by the classification of amendments, the advertising and submission processes, costs of advertising (regs 22, 38, 47 etc.), the development approval rules and exemptions (Schedule 2 cl. 61), parking payment/ shared parking regimes (cls 77A–77Q), and development contribution plans (regs 70–73).

• The Western Australian Planning Commission and the Minister: exercise multiple gatekeeping and decision functions (e.g. certification, endorsement, directions to advertise, time extensions, approval/refusal/modification of schemes and amendments — regs 12, 15, 21A, 29, 31–33, 45, 55, 60 etc.).

• Public authorities and statutory consultees (EPA, heritage bodies, utilities): formal consultation and environmental/heritage statements and conditions feed into amendment and scheme processes (see regs 25, 27, Schedule 2 clauses on heritage and environmental incorporation).

• Residents, neighbours and community stakeholders: have structured opportunities to make submissions on strategies, schemes, amendments, development applications and planning policies (various advertising clauses — regs 13, 22, 38, 47; Schedule 2 clauses 18, 50, 64).

Why it matters (official purpose and practical testing)

• Officially, the Regulations provide consistent statewide rules so that local planning schemes operate within a single, predictable framework. They aim to ensure public notice, consultation, environmental and heritage protection, orderly and proper planning, and clear decision timeframes. (See Regulation 10 and Schedule 2 clauses 2, 67.)

• Practical trade‑offs and what to watch for:

  • Who pays: owners/developers can be required to pay advertising costs (regs 23, 39, 48, 64A) and, where applicable, payments‑in‑lieu of parking (cls 77H–77I) or contributions under development contribution plans (regs 70–73). Those are concentrated costs on property owners or proponents rather than general taxpayers.
  • Incentives and timing: the three amendment tracks create incentives to frame changes as ‘standard’ or ‘basic’ where possible (lower advertising and referral burdens). Conversely, the complex track ensures additional scrutiny where impacts are larger (regulation 34). Time limits for Commission/Minister action (e.g. regs 21A, 29, 37A, 45, 55; Schedule 2 cl. 22(5), cl. 75) create procedural certainty but also risk delays when statutory timeframes are extended by the Minister or authorised persons.
  • Bureaucratic discretion and scope creep: the Commission and Minister have broad powers to direct advertising, require modifications, and designate authorised persons (regs 4, 21A, 30, 46, 56, 61). That central role concentrates decision power above councils and can shift outcomes away from locally‑initiated proposals (see regs 21A, 37A, 46B). The Regulations also add substantive policy tools (parking‑in‑lieu, development contribution plans, emergency planning exemptions, controls on short‑term rentals and single‑house delegations) that extend regulatory reach beyond basic scheme drafting.
  • Compliance and administrative burden: local governments must publish and keep documents current online, run multiple advertising processes, prepare detailed schedules of submissions and reports, and comply with environmental and heritage statements (regulation 76A, Schedule 2 clauses 28, 44, 53, 66, 31, 8). Smaller councils may face capacity and cost constraints.
  • Effects on private choice and firms: rules on exemptions, R‑Codes integration, and delegated single‑house functions (new 2024 provisions) change transaction costs and timelines for residential builders and small developers — sometimes reducing approvals friction (delegations for single houses, cl. 84C) and sometimes increasing cost (payments‑in‑lieu, development contributions).
  • Competition and prices: charging developers for advertising, contributions and parking in lieu are mechanisms that shift infrastructure costs onto developers/landowners and may be passed through in land or housing prices. The Regulations create mechanisms for local governments to capture funding for off‑site infrastructure rather than rely on ratepayers.
  • Implementation risk and legal friction: the deemed provisions override inconsistent scheme text (regulation 10(4)); that can create legal uncertainty if local schemes are not updated, and generates transition work (Part 9 transitional provisions). Multiple cross‑references to the Act, the EPA, the Heritage Act and other instruments increase the chance of procedural error.

Concrete behavioural changes created by the Regulations

• Local governments must follow prescriptive steps and publish documents online (regulation 76A); they will allocate staff time to compliance and may recover some costs from proponents (regs 23, 39, 48, 64A, 74).

• Developers must factor in advertising periods, possible referral delays and the potential for required modifications, environmental conditions, contributions and payments‑in‑lieu (see regs 22, 25, 27, 73, Schedule 2 cls 77H–77I).

• Landowners can ask the Commission for advice on whether an amendment is basic/standard/complex (regulation 36), and may be required to accept heritage notices or compensatory processes (Schedule 2 cls 13, 75).

Key sections to consult: Regulation 10 (deemed/model provisions), Regulation 76A (publication), Regulation 34 (amendment classification), Part 5 (amendment procedures), Part 7 (development contribution plans), Schedule 2 clause 61 (development approval exemptions) and clauses 77A–77Q (parking/payment in lieu), Parts 10A and 10B (bushfire & emergency exemptions).

21B. Modifications to local planning scheme submitted for approval to advertise 15

22. Advertisement of local planning scheme 15

23. Land owner may be required to pay costs of publication 17

24. Submissions on local planning scheme 17

25. Consideration of submissions 17

26. Local government may advertise proposed modifications to local planning scheme 19

27. Incorporation of environmental conditions 20

28. Provision of local planning scheme and documents to Commission 21

29. Commission to submit local planning scheme and documents to Minister 22

30. Minister or authorised person may direct modifications to local planning scheme be advertised 23

Division 3 — Giving effect to decision on local planning scheme

31. Decision by Minister to refuse to approve local planning scheme 24

32. Decision by Minister to require modification of local planning scheme 24

32A. Decision by Minister to approve local planning scheme 25

32B. Certified copy of local planning scheme 25

33. Advertisement of approved local planning scheme 25

Part 5 — Amending local planning scheme

Division 1 — Preliminary

34. Terms used 27

35. Resolution to prepare or adopt amendment to local planning scheme 30

35A. Amendment to local planning scheme affecting area to which structure plan relates 31

36. Landowner may request Commission’s advice on type of amendment 31

Division 2 — Process for complex amendments to local planning scheme

37. Resolution to seek approval to advertise complex amendment and provision of amendment to Commission 32

37A. Submission of complex amendment for advertising approval with recommendation 33

37B. Modifications to complex amendment submitted for approval to advertise 34

38. Advertisement of complex amendment 34

39. Land owner may be required to pay costs of publication 36

40. Submissions on complex amendment 36

41. Consideration of submissions on complex amendments 36

42. Local government may advertise proposed modifications to complex amendment 38

43. Incorporation of environmental conditions 39

44. Provision of complex amendment and documents to Commission 40

45. Commission to submit complex amendment and documents to Minister 42

46. Minister or authorised person may direct modifications to complex amendment be advertised 43

Division 3 — Process for standard amendments to local planning scheme

46A. Resolution to seek approval to advertise standard amendment and provision of amendment to Commission 43

46B. Submission of standard amendment for advertising approval 44

46C. Modifications to standard amendment submitted for approval to advertise 45

47. Advertisement of standard amendment 46

48. Land owner may be required to pay costs of publication 47

49. Submissions on standard amendment 47

50. Consideration of submissions on standard amendments 48

51. Local government may advertise proposed modifications to standard amendment 49

52. Incorporation of environmental conditions 51

53. Provision of standard amendment and documents to Commission 51

54. Commission to submit standard amendment and documents to Minister 53

55. Minister or authorised person may direct modifications to standard amendment be advertised 54

Division 4 — Process for basic amendments to local planning scheme

57. Basic amendment not required to be advertised 55

58. Basic amendment to be provided to Commission 55

59. Commission may direct amendment be treated as complex or standard amendment 56

60. Commission to submit basic amendment to Minister 56

61. Minister or authorised person may direct basic amendment be advertised 57

Division 5 — Giving effect to decision on amendment to local planning scheme

62. Decision by Minister to refuse to approve amendment to local planning scheme 57

63. Decision by Minister to require modification of amendment to local planning scheme 58

63A. Decision by Minister to approve amendment to local planning scheme 59

63B. Certified copy of amendment to local planning scheme 59

64. Advertisement of approved amendment to local planning scheme 59

Part 6 — Review and consolidation of local planning schemes

Division 1 — Review of local planning scheme

65. Review of local planning scheme 61

66. Report of review 61

67. Decision of Commission 63

Division 2 — Consolidation of local planning schemes

68. Consolidation of local planning schemes 64

69. Amendment of local planning scheme arising from consolidation 64

Part 7 — Development contribution plans

70. Development contribution area 65

71. Development contribution plan 65

72. Development contribution area and plans are complex amendments 66

73. Effect of development contribution plan 66

Part 8 — Miscellaneous

74. Expenses of environmental review 67

75. Compensation 69

76. Transitional arrangements for replacement local planning schemes 69

76A. Requirements for making documents available to public 69

76B. Commission may approve varied requirements for publication of documents 71

Part 9 — Repeal and transitional provisions

Division 1 — Transitional provisions for Planning and Development (Local Planning Schemes) Regulations 2015

77. Terms used 73

78. Town Planning Regulations 1967 repealed 73

79. Planning instruments continued 73

80. Planning instruments in course of preparation 74

81. Development applications 75

Division 2 — Transitional provisions for Planning Regulations Amendment Regulations 2020

82. Advertising processes in progress on commencement day 75

Division 3 — Transitional provisions for Planning and Development (Local Planning Schemes) Amendment Regulations 2024

83. Term used: former Act 77

84. Provision of local planning scheme that applies State planning policy of no effect 77

Schedule 1 — Model provisions for local planning schemes

Part 1 — Preliminary

1. Citation 78

2. Commencement 78

3. Scheme revoked 78

4. Notes do not form part of Scheme 78

5. Responsibility for Scheme 78

6. Scheme area 79

7. Contents of Scheme 79

8. Purposes of Scheme 79

9. Aims of Scheme 80

10. Relationship with local laws 80

11. Relationship with other local planning schemes 80

12. Relationship with region planning scheme 81

Part 2 — Reserves

13. Regional Reserves 81

14. Local reserves 81

15. Additional uses for local reserves 84

Part 3 — Zones and use of land

16. Zones 85

17. Zoning table 90

18. Interpreting zoning table 90

19. Additional uses 92

20. Restricted uses 93

21. Special use zones 94

22. Non‑conforming uses 94

23. Changes to non‑conforming use 95

24. Register of non-conforming uses 96

Part 4 — General development requirements

25. R-Codes 97

26. Modification of R-Codes 97

27. Other planning codes to be read as part of Scheme 98

28. Modification of planning codes 98

29. Environmental conditions 98

30. Additional site and development requirements 99

31. Additional site and development requirements for areas covered by structure plan or local development plan 100

32. Variations to site and development requirements 101

33. Restrictive covenants 102

Part 5 — Special control areas

36. Special control areas 103

Part 6 — Terms referred to in Scheme

Division 1 — General definitions used in Scheme

37. Terms used 104

Division 2 — Land use terms used in Scheme

38. Land use terms used 105

Schedule 2 — Deemed provisions for local planning schemes

Part 1 — Preliminary

1. Terms used 119

1A. Heritage‑protected places 128

1B. Development taken to comply with deemed‑to‑comply provision of R‑Codes 129

1C. Excluded holiday period days not counted in time periods 129

Part 2 — Local planning framework

Division 1 — Local planning strategy

2. Local planning strategy 129

Division 2 — Local planning policies

3. Local planning policies 130

4. Procedure for making local planning policy 130

5. Procedure for amending local planning policy 132

6. Revocation of local planning policy 132

Part 3 — Heritage protection

7. Terms used 132

8. Heritage list 133

9. Designation of heritage areas 134

10. Heritage agreements 136

11. Heritage assessment 136

12. Variations to local planning scheme provisions for heritage purposes 136

13. Heritage conservation notice 137

13A. Heritage list and heritage areas under former Scheme 138

Part 4 — Structure plans

14. Terms used 139

15. When structure plan may be prepared 139

16. Preparation of structure plan 140

17. Action by local government on receipt of application 141

18. Advertising structure plan 142

19. Consideration of submissions 143

20. Local government report to Commission 144

21. Cost and expenses incurred by local government 145

22. Decision of Commission 145

23. Further services or information from local government 146

24. Structure plan may provide for later approval of details of subdivision or development 147

25. Review 147

26. Publication of structure plan approved by Commission 147

27. Effect of structure plan 148

28. Duration of approval 148

29. Amendment of structure plan 149

29A. Revocation or amendment of structure plan resulting from scheme amendment 149

Part 6 — Local development plans

46. Term used: local development plan 150

47. When local development plan may be prepared 150

48. Preparation of local development plan 151

49. Action by local government on receipt of application 151

50. Advertising of local development plan 152

51. Consideration of submissions 153

52. Decision of local government 154

53. Local development plan may provide for later approval of details of development 155

54. Review 155

55. Publication of local development plan approved by local government 156

56. Effect of local development plan 156

57. Duration of approval 156

58. Revocation of local development plan 157

59. Amendment of local development plan 157

Part 7 — Requirement for development approval

60. Requirement for development approval 157

61. Development for which development approval not required 158

61A. Advice by local government that development approval not required for erection of, or alterations or additions to, single house 173

Part 8 — Applications for development approval

62. Form of application 174

63. Accompanying material 176

63A. Action by local government on receipt of application 178

64. Advertising applications 178

64A. Applicant for development approval may be required to pay costs of advertising or erect signs 181

65. Subsequent approval of development 181

Part 9 — Procedure for dealing with applications for development approval

65A. Local government may request additional information or material 182

65B. Applicant may agree to or refuse request for additional information or material 182

66. Consultation with other authorities 183

67. Consideration of application by local government 184

68. Determination of applications 187

69. Application not to be refused if development contribution plan not in place 188

70. Form and date of determination 188

71. Commencement of development under development approval 189

72. Temporary development approval 189

73. Scope of development approval 189

74. Approval subject to later approval of details 190

75. Time for deciding application for development approval 190

76. Review of decisions 191

77. Amending or cancelling development approval 191

Part 9A — Provisions about car parking

Division 1 — General

77A. Terms used 192

77B. Development to which this Part applies 193

77C. Parking space shortfall for development 193

77D. Variation of minimum on‑site parking requirement in relation to development 194

77E. Development that does not comply with applicable minimum on‑site parking requirement 195

77F. Imposition of both payment in lieu of parking condition and shared parking arrangement condition 195

Division 2 — Payment in lieu of provision of car parking spaces

77G. When payment in lieu of parking condition may be imposed 196

77H. Payment in lieu of parking condition 197

77I. Application of money paid under payment in lieu of parking condition 198

77J. Payment in lieu of parking plan 200

77K. Advertising payment in lieu of parking plan 200

77L. Publication of payment in lieu of parking plan 201

77M. Procedure for amending payment in lieu of parking plan 202

77N. Duration of payment in lieu of parking plan 202

77O. Payment in lieu of parking plan ceasing to be in effect when money has not been applied 203

Division 3 — Shared parking arrangements

77P. When shared parking arrangement condition may be imposed 204

77Q. Shared parking arrangement condition 204

Part 10A — Bushfire risk management

78A. Terms used 206

78B. Application of Part to development 207

78C. Determining whether development site is in a bushfire prone area 208

78D. Proposed development in a bushfire prone area 208

78E. Matters to be considered for development approval 209

78F. Transitional provisions for sites in new bushfire prone areas 209

78G. Transitional provisions relating to Planning and Development (Local Planning Schemes) Amendment Regulations 2015 210

Part 10B — Exemptions from planning requirements for state of emergency

78H. Minister may issue notice of exemption from planning requirements in state of emergency 211

78I. Process for issuing notice under cl. 78H 213

78J. Coming into effect and cessation of notices and exemptions under cl. 78H 213

Part 10 — Enforcement and administration

Division 1 — Powers of local government

78. Powers of local government 214

79. Entry and inspection powers 215

80. Repair of existing advertisements 215

Division 2 — Delegations

81. Terms used 216

82. Delegations by local government 216

83. Local government CEO may delegate powers 216

84. Other matters relevant to delegations under this Division 217

Division 2A — Performance of development approval functions in relation to single houses

84A. Terms used 217

84B. Prescribed single house development 217

84C. Performance of prescribed development approval functions in relation to prescribed single house development 218

84D. Authorisation of employees 219

Division 3 — Miscellaneous

85. Agreement to use of material provided for Scheme purposes 219

Part 11 — Forms referred to in this Scheme

86. Forms referred to in this Scheme 220

Part 12 — Miscellaneous

87. Requirements for making documents available to public 226

88. Commission may approve varied requirements for publication of documents and advertising of com

This is an opening excerpt, not the complete document.