Building a Better Planning System - Western Australian Planning ...

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Overview of the WA Planning Framework 1. Current planning framework The current planning system in Western Australia consists of the: • State planning framework which sets out the general principles for planning and development and brings together existing State and regional policies, strategies and guidelines into a central, comprehensive framework. • Regional planning framework comprising regional strategies (which provide the broad framework for planning at the regional level and the strategic context for local planning schemes) and region schemes (which provide the statutory mechanism to implement regional strategies, coordinate the provision of major infrastructure and set aside areas for regional open space and other community purposes). • Local planning framework comprising local planning strategies which set out the general aims and directions of local governments for planning in their areas. Strategies are particularly important in interpreting State and regional policies at the local level and providing the rationale for the zones, reservations and planning controls in the local scheme. Local planning schemes provide the statutory mechanisms for local governments to implement local planning strategies through zonings, reservations and planning controls. This system of planning is underpinned by planning legislation. The Planning and Development Act 2005 (PD Act) sets out the functions of the Minister, the Western Australian Planning Commission (WAPC) and local governments as well as, the statutory powers for the adoption of planning instruments and the approval processes which implement the plans and policies. 2. The WA Planning Model The ‘WA model’ is the Minister for Planning, Department for Planning and Infrastructure (DPI) and the WAPC working together on planning issues where the WAPC’s functions and resources are employed in accordance with government and WAPC policy, and where the DPI provides both the professional planning and the administrative support to achieve the government’s and/or the WAPC’s desired outcomes. Specifically, the WA planning system is regulated on three levels: • Minister for Planning; • WAPC; and • local government. 2.1 Minister for Planning The Minister for Planning is the State government’s elected representative and has the ultimate authority for planning in Western Australia. The Minister is responsible for: • overseeing the administration of planning agencies; • maintaining and reviewing planning legislation; • directing statutory and strategic planning matters; • approving regional planning schemes and local planning schemes; and • approving some planning policies. 2.2 Western Australian Planning Commission (WAPC) The WAPC has 45 years of operation as the custodian of the planning system. It provides advice to the Minister for Planning and is the responsible authority for land use planning and development matters. The functions of the WAPC include: determining all subdivision applications; administering regional planning schemes like the Perth Metropolitan Region Scheme; and, recommendations to the Minister on local planning schemes. To help in its roles, the WAPC has a number of specialised committees that make decisions on its behalf. 29 Building a Better Planning System | Consultation Paper
The DPI provides professional advice and administrative services to the WAPC and, where appropriate, implements the WAPC’s decisions. The Department for Planning and Infrastructure has a Perth office and regional offices in Bunbury, Albany, Geraldton, Kalgoorlie and Broome. The WAPC may delegate some of its functions to officers of DPI. This delegated authority includes decisions on some subdivision and development applications, when they comply with the WAPC’s policies and practices. 2.3 Local government There are 139 local governments in Western Australia. Local governments are responsible for planning their local communities by ensuring appropriate planning controls exist for land use and development. They do this by preparing and administering their local planning strategies and schemes. In the Perth region and in areas subject to regional planning schemes, local governments are required to ensure their local planning schemes and policies are consistent with State and regional planning objectives and requirements. Essentially, local governments are responsible for establishing planning controls for matters such as appropriate land uses and residential densities. Local governments must base their planning decisions on the provisions and controls in their local planning scheme(s), which must be reviewed every five years. The WAPC has delegated to local government the quasi–judicial power to determine some development applications under the Metropolitan Region Scheme. Local governments are also invited by the WAPC to comment on subdivision proposals and planning policies that guide decisions on subdivision or development matters. 3 Principal Acts There are a number of Acts that give effect to and enable the operation of the planning system. 3.1 Planning and Development Act 2005 The Planning and Development Act 2005 is the principal town planning legislation in Western Australia and came into operation on 9 April 2006. The Act is an enabling piece of legislation which brings together three former separate Acts, namely the: • Western Australian Planning Commission Act 1985; • Metropolitan Region Town Planning Scheme Act 1959; and • Town Planning and Development Act 1928. This consolidation has streamlined the WA planning legislation, making it more accessible to users and providing greater consistency and certainty when making decisions on sustainable land use and development. It introduces new definitions and removes redundant definitions and processes for greater understanding and consistency. There are also a number of improvements to key planning processes for making or amending a planning scheme. It extends consultation requirements and rights of review for greater transparency, fairness and equity. For more information on the Planning and Development Act 2005, refer to the WAPC’s Planning Bulletins 76, 78 and 81. 3.2 Town Planning Regulations 1967 These town planning regulations prescribe the procedures for initiating, preparing, advertising and approving local planning schemes and scheme amendments. The Model Scheme Text provisions are an appendix to these regulations. As part of the Model Scheme Text review these regulations are being revised. 3.3 Town Planning and Development (Subdivision) Regulations 2000 Town Planning and Development (Subdivision) Regulations 2000 relate to the subdivision (including survey–strata subdivision) of land process provided for under the Town Planning and Development Act 2005. These regulations have been updated and consolidated and will soon be forwarded for promulgation. Building a Better Planning System | Consultation Paper 30
Page 1 and 2: Building a Better Planning System C
Page 3 and 4: Foreword Eric Lumsden, PSM Director
Page 5 and 6: Contents Our Approach..............
Page 7 and 8: Par t 1 Overview and Strategic Issu
Page 9 and 10: • a degree of duplication, incons
Page 11 and 12: to $12.5 billion. Western Australia
Page 13 and 14: Principles for Better Planning The
Page 15 and 16: Par t 2 Strategic Priorities Action
Page 17 and 18: 1.2 Simplify approvals for multi-un
Page 19 and 20: A ‘track-based’ approach needs
Page 21 and 22: 2 More Effective Planning Instrumen
Page 23 and 24: 2.9 Underpin planning by supporting
Page 25 and 26: 4 Integrated Coordination of Infras
Page 27 and 28: 5 A Comprehensive Regional Planning
Page 29 and 30: 6 Strengthen Governance and Institu
Page 31 and 32: Case Study of Strategic Renewal MDP
Page 33: App e n d i x The Western Australia
Page 37 and 38: Regional structure plans set out th
Page 39 and 40: Chart 2 - Infrastructure Planning C
Page 41 and 42: Region Planning Scheme A planning s
Page 43 and 44: Notes: Building a Better Planning S

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