Directions Paper - Western Australian Planning Commission

Government of Western AustraliaDepartment for Planning and InfrastructureMarch 2009Directions Paper on theIntegration of NRM andLand Use PlanningPublic CommentDisclaimerThis document has been published by theWestern Australian Planning Commission.Any representation, statement, opinionor advice expressed or implied in thispublication is made in good faith andon the basis that the government, itsemployees and agents are not liable forany damage or loss whatsoever whichmay occur as a result of action taken ornot taken, as the case may be, in respectof any representation, statement, opinionor advice referred to herein. Professionaladvice should be obtained before applyingthe information contained in this documentto particular circumstances.© State of Western AustraliaPublished by theWestern Australian Planning CommissionAlbert Facey House469 Wellington StreetPerth WA 6000Published March 2009website: www.wapc.wa.gov.auemail: corporate@wapc.wa.gov.autel: 08 9264 7777fax: 08 9264 7566TTY: 08 9264 7535infoline: 1800 626 477Western Australian Planning Commission owns all photography inthis document unless otherwise stated. This document is available inalternative formats on application to WAPC Communication Services.

AcknowledgementsEnviroPlanning would like to acknowledge representatives from the following agencies andconsultancies for their contributions to the development of the Directions Paper.Department of WaterDepartment of Agriculture and Food WADepartment of Environment and ConservationEssential Environmental ServicesIronbark ConsultantsBroughton PlanningDepartment for Planning and InfrastructureWestern Australian Local Government AssociationEnviroPlanning Management CommitteeAcronymsCfoCCONRACEDAFWADCDECDoWDPIEPAEPASUMSTMoUNAPNHTNRMROCSATSEAVROCSPFSPPVROCWALGAWAPCCaring for our CountryCouncil of Natural Resource Agency Chief ExecutivesDepartment of Agriculture and FoodDevelopment ControlDepartment of Environment and ConservationDepartment of WaterDepartment for Planning and InfrastructureEnvironmental Protection AuthorityEnvironmental Protection Authority Service UnitModel Scheme TextMemorandum of UnderstandingNational Action Plan for Salinity and Water QualityNatural Heritage TrustNatural Resource ManagementRegional Organisation of CouncilsState Administrative TribunalSouth East Avon Regional Organisation of CouncilsState Planning FrameworkState Planning PolicyVoluntary Regional Organisation of CouncilsWestern Australian Local Government AssociationWestern Australian Planning Commission

Directions Paper on the Integration of NRM and Land Use PlanningExecutive SummaryThe EnviroPlanning project was initiated in 2006as a joint initiative between the Department forPlanning and Infrastructure (DPI), the WesternAustralian Planning Commission (WAPC), andthe Western Australian Local GovernmentAssociation (WALGA). The primary aim of theproject is to improve the integration of naturalresource management (NRM) into land useplanning through the achievement of thefollowing project objectives;• Ensure NRM considerations areincorporated into land use planningdecision making processes;• Provide advice to State governmentdepartments, local governments,regional NRM groups and the communityfor the effective integration of NRMconsiderations into land use planningprocesses; and• Actively seek implementation of land useplanning related recommendations ofNRM strategies.This Directions Paper is the synthesis of the workthat has been undertaken by EnviroPlanningsince 2007, and has been prepared for anintended audience that includes Commonwealthand State Government NRM agencies, localgovernments and regional NRM groups. TheDirections Paper combines the outcomes ofworkshops, studies, reviews, audits and grantfunded programs to demonstrate best practiceintegration of NRM into land use planning,and provides a new way forward in achievingNRM outcomes through the Western Australianplanning system. The project partners areseeking comment from stakeholders on thecontent of the Directions Paper, with a focuson improvements required to support a moreholistic approach to achieving NRM outcomesthrough land use planning processes.The key directions outlined in this report are:• Land use planning is a powerfultool through which State and localgovernments can achieve NRM outcomes.• NRM planning in Western Australia ischaracterised by a centralised land useplanning system, separate environmentaland planning legislation, and nonstatutoryarrangements for regional NRMgroups.• The Environmental Protection Authority(EPA), as the primary authority responsiblefor environmental impact assessmentin Western Australia, has a major role inNRM planning.• NRM considerations should beincorporated into the planning processas early as possible and reflected in laterstages of planning.• Peri-urban areas provide an importantinterface between NRM and land useplanning.• The local planning strategy providesa significant opportunity for localgovernment to integrate NRM into landuse planning.• The local planning scheme is an importantstatutory tool for achieving NRM outcomesat the local level.• Guidance for implementation of the StatePlanning Framework would improveintegration of NRM into land use planning.• Achievement of NRM outcomes throughland use planning is often constrained bylocal government capacity.iii

Directions Paper on the Integration of NRM and Land Use PlanningSummary of key directionsLand use planning is a powerful tool throughwhich State and local governments can achieveNRM outcomes. The Western Australian State ofthe Environment Report (2007) listed populationgrowth and consumption as one of the greatestthreats to the environment. Land use planningprovides a process for considering land usechange and ensuring NRM considerationsare factored into decision making. In addition,land use planning provides mechanisms fordelivering NRM outcomes within a sustainabilityframework, through the identification ofareas requiring protection, areas suitable fordevelopment and use, and areas requiringrestoration. It is recognised that there arelimitations to the planning system in achievingNRM outcomes, due to the complex and tieredapproval process, long time frames associatedwith amending the planning framework, relianceon land use change to trigger new requirements,and historic development focus. However ifthese limitations are taken into consideration,key outcomes can still be achieved.Western Australia’s centralised land useplanning system, separate environmentaland planning legislation, and non-statutoryarrangements for regional NRM groups, presentchallenges for integrating NRM into land useplanning that are not necessarily experiencedin other States of Australia. One of the keychallenges for NRM in Western Australia isthe effective coordination of planning andenvironmental agencies to ensure that NRMconsiderations are integrated at all stages in theplanning system.The EPA has a major role in NRM planningthrough the interface between the EnvironmentalProtection Act 1986 and the Planning andDevelopment Act 2005. There is a commonmisconception amongst planners that, if aproposal is not formally assessed by theEPA, environmental issues are consideredto have been adequately addressed by theproposal. In addition, there is a perception thatthe consideration of environmental mattersin land use planning is primarily or solely theresponsibility of the EPA and the Department ofEnvironment and Conservation. It is clear fromthe legislation, however, that some considerationof environmental matters is required through theplanning system. Few proposals are formallyassessed by the EPA, which is partly due to theexpectation that the planning system, throughthe application of State planning policies, localplanning strategies and schemes, will addresscertain environmental matters. Agreementbetween the EPA and the WAPC on theexpectations of each agency in addressing NRMmatters would assist in ensuring that proposalsnot formally assessed by the EPA will be givenappropriate consideration through land useplanning processes.Opportunities exist for integrating NRM atdifferent levels within the land use planninghierarchy, through strategic and statutoryplanning processes at the State, regional andlocal levels. NRM considerations should beincorporated into the planning process asearly as possible, and reflected in later stagesof planning. It can be difficult to achieveNRM outcomes through the subdivision anddevelopment of land, unless they have beenadequately addressed through earlier strategic(e.g. regional and local planning strategies)and statutory (e.g. regional and local planningschemes and amendments) planning. It isparticularly important to note that land zonedfor urban development is highly constrained,severely limiting opportunities to achieve NRMoutcomes such as protection of environmentalassets.Strategic planning at a regional scale providesthe most appropriate scale for considering thenatural extent and significance of environmentalassets and the possible cumulative impactsof individual planning proposals. Additionallyconsideration of NRM issues at the regionalscale, ensures that NRM is recognised andprotected through strategic and statutoryplanning at the local level. Consideration ofNRM through regional planning can be furtherenhanced by improved coordination of StateNRM agency, local government and NRMregional group involvement in identification ofiv

Directions Paper on the Integration of NRM and Land Use PlanningNRM land use planning priorities (areas wherethere is high development pressure and highenvironmental values), and collection andinterpretation of environmental information tosupport preparation of local planning strategiesand structure plans. Facilitation of workshopsfor each of the WAPC planning regions haspotential to be an effective way of involving StateNRM agencies, local governments and regionalNRM groups in the identification of priorityNRM issues, addressing information gaps andestablishing direction for how NRM issues canbe further considered through local planning.Peri-urban areas, which are the transitionbetween urban and rural land, provide animportant interface between NRM and land useplanning, due to the significant NRM assets thatthey contain and the diversity of land uses thatthey support. As the change from rural to urbanuse is usually irreversible, and the opportunitiesto achieve NRM outcomes in an urbanisedenvironment are highly constrained, land useplanning in peri-urban areas is very importantfor achieving NRM outcomes. A lack of strategicrural land use planning, increasing pressure forrural residential development, and decreasingwater availability, have been identified as keyNRM land use planning issues in peri urbanareas. Provision of clear policy direction forregional and rural land use planning, andimproving the capacity of local government toundertake rural land use planning at the locallevel, are key factors influencing NRM outcomesin peri-urban areas.The local planning strategy is a strategicdocument which sets out the long term planningdirections for a local government area andprovides the justification and rationale for theproposed zones and provisions in the localplanning scheme. Therefore, the integrationof NRM considerations into the local planningstrategy is vital to ensuring the ongoingconsideration of NRM in future decision making.As long as the local planning strategy clearlydefines expectations for NRM in relationto proposed land use and development,NRM considerations can be translated intostatutory provisions through the local planningscheme and be used to guide decisions onrezoning, subdivision and development withina sustainability framework. Currently, only 24local planning strategies have been endorsedby the WAPC, with the format and content ofthese strategies varying considerably, along withthe extent to which NRM is considered. Factorsmost affecting the quality of local planningstrategies, and the extent to which they canaddress NRM, include the guidance and level ofcoordinated support provided by State agenciesto local governments. The draft guidance on theintegration of NRM into local planning strategiesthat has been prepared by EnviroPlanning,along with greater coordination of State agencysupport for local planning strategies, shouldimprove the capacity of local planning strategiesto address NRM matters.The local planning scheme is the statutoryimplementation arm of a local planning strategy,and is used by local government to controland manage land use and developmentwithin its locality. Local planning schemesguide local government decision makingin relation to applications for developmentapproval, and guide WAPC decision makingin relation to applications for subdivision ofland. Mechanisms within a local planningscheme that may assist achievement of NRMoutcomes include reservation, zoning, specialcontrol areas, general provisions that relate toall zones, and special provisions that relate toparticular development areas. Model schemetext provisions (which are standard legaland administrative provisions that must beincluded in local planning schemes) may not beappropriate for all NRM matters, due to regionaland local differences in natural resources thatrequire specific management approaches. Amore appropriate approach to guiding localgovernments in addressing NRM through localplanning schemes would be by developing anNRM land use planning ‘tool box’ that providesexamples of ‘best practice’ scheme provisions.The State Planning Framework unites the StatePlanning Strategy, State Planning Policies,regional strategies, regional and sub-regionalstructure plans, strategic policies andv

Directions Paper on the Integration of NRM and Land Use Planningoperational policies within a central framework,to provide the context for land use planningdecision making in Western Australia. The StatePlanning Framework contains policy guidancefor a range of NRM issues including landdegradation, land use conflicts, managementof water resources, biodiversity conservation,coastal management, climate change, air qualityand energy conservation. The effectiveness ofthe policy guidance provided for different NRMmatters is variable, and in most cases requiresrefinement or further guidance to support itsinterpretation and application at different stagesof the planning process. There are a numberof shortfalls that exist within the current StatePlanning Framework that should be addressedto further support integration of NRM and landuse planning. These include the metro-centricnature of existing policies, absence of anintegrated framework for sustainable decisionmaking, limited guidance on implementation atdifferent stages of the planning process, and thecurrency and complexity of the framework.Under the Planning and Development Act2005, local government has an important rolein integrating NRM and land use planning asthey are responsible for the preparation andadministration of local planning strategiesand local planning schemes. The potentialrole of local government in achieving NRMoutcomes through local level planning isoften constrained by low capacity in terms ofresources and expertise. The majority of localgovernments outside of the Perth MetropolitanRegion and other regional centres often rely onconsultants to support their land use planningfunctions, particularly the more complex andtime consuming activities such as preparingor amending local planning strategies andschemes. There are a number of optionsto support local government’s capacity toachieve NRM outcomes through land useplanning, including the delivery of partnershipprojects, more efficient use of local governmentresources, and provision of funding support andState government assistance.Improving the Integration ofNRM into land use planningThis directions paper identifies opportunities toimprove the integration of NRM into the WesternAustralian land use planning system, whichrelate to three key themes:• Clear policy direction for integrating NRMinto the WA planning framework.• Whole of government involvement in NRMand land use planning.• Local government support for integrationof NRM into land use planning.Recommendations and actions to improvethe integration of NRM into land use planningare summarised in Table 1. Implementation ofthe majority of recommendations and actionsproposed in Table 1 require resources thatcurrently exceed those within State NRMagencies, particularly the DPI. Investmentof resources in improving the integration ofNRM into land use planning will need to beongoing and continue beyond the four yearimplementation timeframe proposed. Thefour year timeframe has been proposed toalign with NRM funding opportunities at theCommonwealth and State level.Limited opportunities for funding of therecommendations of the Directions Paperare available through the CommonwealthGovernment’s new Caring for Our Countryprogram, which predominantly focuses ondiscrete national icons and on-ground activities.Furthermore, the State Government’s recentfocus on reducing operational expenditure willaffect the capacity of the DPI to fund positionsto support implementation of recommendations.Funding for the recommendations of theDirections Paper therefore appears to bedependent on the State Government’sinvestment in implementation of the draftNatural Resource Management Plan for WesternAustralia (2008), which explicitly recognisesthat land use planning is a powerful tool toimprove strategic outcomes for NRM in WesternAustralia.vi

Directions Paper on the Integration of NRM and Land Use PlanningTable 1: Recommendations and actions to improve the integration of NRM into land use planningThemes Recommendations Actions ResponsibleAgenciesImplementationTimeframe(from 2009/10)ReportReferenceClear policy directionfor integrating NRMinto the WA planningframework.o Review and update theState PlanningFramework to improveintegration of NRM intoland use planning• Consider comments and recommendations ofEnviroPlanning's Review of the State PlanningFramework when undertaking review and update ofState Planning Strategy, State planning policies andDevelopment Control policies• Develop a State-wide State planning policy for nativevegetationDPI Years 1-4 Section 5.1DPI Year 1 Section 5.1 &6.4.6o Update the ModelScheme Text, PlanningSchemes Manual andstandard subdivisionconditions to improveintegration of NRM intoland use planningo Establish a jointapproach by the EPAand the WAPC toaddress NRM mattersthrough land useplanning• Audit and update the State Planning Framework toincorporate climate change mitigation and adaptationmeasures• Prepare guidelines to support implementation of SPP1, 2.4, 2.5, 2.9, 3 and new SPPs such as the proposedSPP for native vegetation• Develop Model Scheme Text provisions to addressNRM issues• Incorporate NRM planning advice in the 'Guidance forPreparation of Local Planning Strategies' section of thePlanning Schemes Manual• Review and update standard subdivision conditions toaddress NRM• Prepare a Memorandum of Understanding (MoU)between EPA and WAPC, to establish agreement onthe expectations of the two agencies in addressingNRM matters through land use planning, to establishinitial priorities for integrated environmental planning(e.g. EPA Section 16 advice), and to developenvironmental conditions and advice for planningproposals, schemes and amendmentso Integrate EPA Section 16 advice into land use planningprocesseso Implement the WAPC's commitments under theEPA/WAPC MoUo Undertake an annual review of priorities for integratedenvironmental planning identified in the EPA/WAPC MoUDPI Year 2 Section 5.1DPI Years 1-4 Section 5.1DPI Years 1-4Section 5.3.1Section 5.3.1Section 5.6DPI / DEC Years 1-2 Section 4.3.2DPI / DEC Years 2-4 Section 4.3.2DPI Years 2-4 Section 4.3.2DPI / DEC Years 3-4 Section 4.3.2vii

Directions Paper on the Integration of NRM and Land Use PlanningThemes Recommendations Actions ResponsibleAgenciesImplementationTimeframe(from 2009/10)ReportReferenceWhole of governmentinvolvement in NRMand land use planningo Introduce newprocesses to improvethe DPI's considerationof NRM in land useplanningo Supportimplementation of EPApolicy in land useplanningo Establish a crossagencyagreement onthe roles andresponsibilities of StateNRM agencies in landuse planningo Develop and deliver atraining and awarenessprogram for NRMplanningo Develop a procedures manual to guide DPI's internal andexternal planning processes relevant to NRMo Implement new DPI procedures for integrating NRM intoland use planningo Promote and allocate resources for implementation ofEPA Guidance Statement No. 33o Prepare an agreement through the Council of NaturalResource Agency Chief Executives (CONRACE) thatdefines the roles and responsibilities of State NRMagencies at different stages of the planning process (e.g.strategies, schemes, amendments, subdivisions)o Prepare a list of key agency contacts to correspond withrelevant roles and responsibilities for NRM through landuse planningo Clarify the roles of DEC and EPA in supporting localbiodiversity conservation, including formal considerationand endorsement of local biodiversity strategieso Facilitate forums with State NRM agencies, localgovernments and regional NRM groups on the integrationof NRM into land use planningDPI Years 1-2 Section 4.1.2DPI Years 2-4 Section 4.1.2DEC Years 1-2 Section 4.3.3DPI / DEC /DAF / DoWDPI / DEC /DAF / DoWDEC / DPI /WALGAYears 1-2 Section 4.8Year 1 Section 4.8Years 1-2 Section 6.5.2DPI Year 1-4 Section 4.8o Develop and deliver training for DPI staff on the NRMplanning procedures manualDPI Years 2-3 Section 4.1.2o Support regional NRMland use planningprojectso Support the integrationof NRM into localplanning strategies ando Develop and support delivery of projects which seek toaddress information and policy gaps identified throughEPA/WAPC priorities for integrated environmentalplanningo Facilitate workshops with State NRM agencies, localgovernments and regional NRM groups on the role oflocal planning strategies in NRMschemes o Conduct an audit of the progress and status of localplanning strategies, and identify priorities for futuredevelopment of strategies and schemesDPI / DEC /DAF / DoW /WALGA /NRMYears 1-4 Section 5.2DPI Year 1 Section 5.3.1DPI Years 1-4 Section 5.3viii

Directions Paper on the Integration of NRM and Land Use PlanningThemes Recommendations Actions ResponsibleAgenciesImplementationTimeframe(from 2009/10)ReportReferenceo Facilitate workshops for each of the Planning Regions(involving State NRM agencies, local governments andregional NRM groups) to identify priority NRM issuesand areas to be considered in development of localplanning strategies and schemeso Identify NRM data requirements to supportdevelopment of local planning strategiesDPI Years 1-4 Section 5.2 &5.3DPI / DEC /DAF / DoW /WALGA /NRMYears 1-4 Section 5.3o Develop an NRM landuse planning toolboxo Coordinate DPI and State NRM agency support to localgovernments for integrating NRM into local planningstrategieso Conduct an audit of local planning schemes andstrategies to identify 'best practice' examples ofintegrating NRM into land use planningo Prepare case studies and practice notes to supportlocal government integration of NRM into land useplanningDPI / DEC /DAF / DoWYears 1-4 Section 5.3DPI Years 1-2 Section 5.3DPI / DEC /DAF / DoW /WALGAYears 1-4 Section 5.4 &5.5Local Governmentsupport forintegration of NRMinto land use planningo Provide support tolocal governmentthrough the delivery ofa Local GovernmentPartnership Programo Seek funding from the State NRM Plan andCommonwealth Government's Caring for our Countryprogram, and administer funding to support localgovernment projects that address the integration ofNRM into land use planningo Provide support to WALGA and local governments forthe integration of local biodiversity strategies into localplanning strategies, schemes and structure plansDPI Years 1-4 Section 4.2.2DPI / DEC Years 1-4 Section 6.5.3o Facilitate more efficientuse of localgovernment resourceso Provide technical planning support to localgovernments for the integration of NRM into land useplanningo Explore opportunities for regional cooperation acrosslocal governments to share planning resourcesDPI Years 1-4 Section 4.2DPI / WALGA Years 1-4 Section 4.2.2ix

Directions Paper on the Integration of NRM and Land Use PlanningContents1 Executive summary 42 Introduction 12.1 The enviroplanning project 12.2 Directions paper 33 NRM and land use planning context 43.1 Natural resource management in WA 43.2 The wa planning system 53.2.1 Legislative basis for the wa planning system 53.2.2 Tiers of decision making 63.2.3 Strategic and statutory planning 73.2.4 Further information 73.3 Comparison with other states 83.4 NRM as a planning consideration 83.4.1 The legislative basis for the consideration of nrm in land use planning 93.4.2 The state planning strategy 1997 103.4.3 Planning as a land use control 103.4.4 Planning as a mechanism for achieving nrm outcomes 103.5 Recognising the limitations for NRM 114 The main players 134.1 Department for Planning and Infrastructure/Western AustralianPlanning Commission 134.1.1 WAPC committees 134.1.2 DPI organisational structure 144.1.3 DPI and WAPC involvement in commonwealth and state fundedregional NRM delivery programs 154.2 Local government/western australian local government association 154.2.1 Local government capacity 154.2.2 Improving local government capacity 164.3 Environmental protection authority 184.3.1 Relationship with the department of environment and conservation 184.3.2 Environmental impact assessment and advice 184.3.3 Epa guidance statements 214.4 Department of Environment and Conservation (DEC) 224.5 Department of Water 244.6 Department of Agriculture And Food Western Australia 264.7 Regional NRM groups 284.7.1 Review of regional NRM strategies 284.8 Coordination of agencies 294.8.1 Roles and responsibilities 294.8.2 Partnerships 294.8.3 Whole of government approach to regional planning 304.8.4 Communication and networking 30x

Directions Paper on the Integration of NRM and Land Use Planning5 Integrating NRM and landuse planning 315.1 State planning framework 315.1.1 Introduction 315.1.2 State planning strategy 315.1.3 State planning policy 325.1.4 Regional and sub-regional planning strategies 335.1.5 Development control policies 335.1.6 Shortfalls of the existing state planning framework 335.2 Regional planning 365.2.1 Introduction 365.2.2 Relevance to NRM 375.2.3 Current level of guidance 385.2.4 Agency roles 385.2.5 A new way forward for regional NRM planning 395.3 Local planning strategies and schemes 405.3.1 Current level of guidance 415.3.2 Relevance to NRM 445.3.3 Agency roles 525.4 Local planning policies 545.4.1 Relevance to NRM 555.4.2 Guidance available 565.5 Structure plans 565.5.1 Level of guidance provided 585.5.2 Opportunities for integrating NRM 605.5.3 Role of agencies 625.6 Subdivision and development 635.7 Summary of opportunities within land use planning to address NRM 646 Biodiversity conservation through land use planning 666.1 Introduction 666.2 Biodiversity and its conservation 666.2.1 Biodiversity and natural areas 666.2.2 Biodiversity benefits 676.2.3 Conservation values of Western Australia 676.2.4 Threats to biodiversity in southwest Australia 706.2.5 Conservation planning in southwest Australia 726.3 Biodiversity conservation at the international and national scales 736.3.1 Convention on biological diversity 736.3.2 Environment protection and biodiversity conservation act 746.3.3 National targets for biodiversity conservation 746.3.4 National targets for biodiversity conservation 756.4 Legislative and policy framework for biodiversity conservation in WA 766.4.1 Wildlife conservation act 766.4.2 Conservation and land management act 776.4.3 Environmental protection act 77xi

Directions Paper on the Integration of NRM and Land Use Planning6.4.4 Epa policies on biodiversity conservation 816.4.5 Planning and development act 876.4.6 State planning policies on biodiversity conservation 886.4.7 State government policies and strategies relevant tobiodiversity conservation 916.5 Local biodiversity conservation 966.5.1 Local government biodiversity projects 976.5.2 Local biodiversity strategies 1016.6 Opportunities for biodiversity conservation through land use planning 1046.6.1 Biodiversity in local planning strategies 1086.6.2 Local planning schemes 1126.6.3 Local planning policies 1146.6.4 Structure plans and subdivision 1156.6.5 Conservation covenants 1186.7 The future of biodiversity conservation through land use planning 1207 NRM and land use planning in peri urban regions 1227.1 Introduction 1227.2 Level of guidance provided 1227.2.1 Development control policies 1237.2.2 Regional and sub-regional planning strategies 1237.3 Land use planning issues in peri urban areas 1247.4 Nrm issues within peri-urban areas 1267.5 Addressing land use planning issues in peri urban areas 1288 Conclusion 1299 References 130Appendix 1: Summary of local government partnership program projects. 133Appendix 2: Regional land use forums summary report 136Appendix 3: Review of the regional nrm strategies from a land use planning perspective. 151Appendix 4: DPI organisational chart. 161Appendix 5: DEC administrative boundaries 162Appendix 6: NRM regions and constituent local governments. 163Appendix 7: Review of state planning policies and development control policies 166Appendix 8: Local planning schemes – amendment process 183Appendix 9:Draft guidance for the integration of natural resource managementinto local planning strategies 184Appendix 10: Shire of northampton local planning strategy extract 189xii

Directions Paper on the Integration of NRM and Land Use Planning2 IntroductionLand use planning has been widely recognised(including via the Regional NRM Strategies)as a powerful and flexible tool through whichLocal and State Government can consider andpromote natural resource management (NRM)matters in its decision making processes. In alegislative context, the land use planning systemis a proactive management tool with the abilityachieve strategic, catchment scale outcomes.One of the difficulties in establishing a clear linkbetween land use planning and NRM is the factthat the land use planning system is complex.This complexity is due to a variety of factorsincluding:• a variety of legislative and policyrequirements that govern planning;• interaction of State and LocalGovernments through specialist advice;• information requirements for receivingenvironment;• landscape and local scale decisionrequirements;• stakeholder consultation, communityaspirations and Local and State politics;and• the inevitable time lags in facilitatingchange in the system such asamendments to town planning schemes(a process that can take in excess of 12months).In the context of NRM, the complexity of theLand Use Planning system is exacerbatedby the need for decisions which accountfor interrelated natural systems on both thelocal and landscape scale. As a result, theintegration of natural resource matters into theplanning system has not always been effective.2.1 The EnviroPlanningprojectThe EnviroPlanning project was initiated in 2006by officers of the Department for Planning andInfrastructure(DPI) and the Western AustralianLocal Government Association (WALGA), withthe support of the Western Australian PlanningCommission (WAPC), with the primary aimof improving the integration of NRM into landuse planning through the achievement of thefollowing project objectives;1. Ensure NRM considerations areincorporated into land use planningdecision making processes;2. Provide advice to State governmentdepartments, local governments,regional NRM groups and the communityfor the effective integration of NRMconsiderations into land use planningprocesses; and3. Actively seek implementation of land useplanning related recommendations ofNRM strategies.Support for the project was gained from the sixNRM regions, and funding obtained throughthe strategic reserve component of the NaturalHeritage Trust. The project was developed asa partnership between the DPI, WALGA and theWAPC and is hosted by the DPI.The EnviroPlanning project consists of threecore components as depicted in Figure 1 andsummarised below.Local government partnership programThe local government partnership program wasestablished to address the recognised lack ofresources within local government to implementNRM related policies and requirements throughtheir local planning framework. In addition, theprogram was aimed at providing case studyexamples of how the improved integration of1

Directions Paper on the Integration of NRM and Land Use PlanningNRM principles, targets and actions into the landuse planning system could be achieved. Duringthe operation of the EnviroPlanning project over$400,000 was distributed to local governmentpartnership projects. The projects ranged fromdeveloping a local planning policy to encouragelow rainfall tree farming in the Avon through toimproving the consideration of natural resourcemanagement into a local planning strategy in theShire of Busselton. Summaries of the projectsfunded can be found in Appendix 1.Awareness raisingThe main purpose of the AwarenessRaising component of the project was, asthe name suggests, to raise awareness ofthe opportunities available to improve theintegration of NRM into land use planning. Theprogram had two key objectives, to improvethe understanding of NRM professionals of theland use planning system and how it can beused to achieve NRM outcomes, and secondlyto improve the awareness of land use plannersof NRM and of the opportunities to improve theintegration of NRM into land use planning.Forums on integrating NRM and land useplanning were held in Geraldton, Northam,Albany, Bunbury and Perth by EnviroPlanningand were attended by a range of NRM andplanning professionals. The forums provideda useful opportunity for both the NRM andplanning professionals to network, exchangeideas, and hear from the various agenciesopportunities for improving the integration ofNRM into land use planning. The networkingand information sharing were found to behighlights of the forums by participants. A copyof the forum summary report has been includedwithin Appendix 2.In addition a workshop was held to highlightNRM and land use planning issues withinperi-urban areas, presentations were madeto relevant planner forums, articles placed innewsletters of regional NRM groups and WALGAand an EnviroPlanning web page establishedto promote the progress of the project. Furtherinformation is available from: www.wapc.wa.gov.au/Initiatives/EnviroPlanning/default.aspx.Figure 1: Three components of the EnviroPlanning Project, culminating in this Directions Paper.2

Directions Paper on the Integration of NRM and Land Use PlanningState land use planning and NRM frameworkThe third major component of the EnviroPlanningproject was the review of the State PlanningFramework to examine how the integration ofNRM into land use planning could be improved.A number of investigations into the land useframework were undertaken, such as a reviewof the NRM regional strategies from a landuse planning perspective, review of the stateplanning framework to determine the level bywhich it currently guides the integration of NRM,preparation of guidance on integrating NRM intolocal planning strategies, exploration of the rolesand responsibilities of the key state agencies inthe land use planning system and a review ofEPA guidance statements. Outcomes of theseinvestigations have been incorporated into thisDirection Paper.2.2 Directions paperThis Directions Paper is the synthesis of the workundertaken by EnviroPlanning since 2006 andcombines the outcomes of workshops, studies,reviews, audits and grant funded programs todemonstrate best practice integration of NRMinto land use planning, and a new way forwardin the WA planning system.will require involvement from various State Govtdepartments, WALGA and the regional NRMgroups. The main body of the report is largelydirected to increasing the knowledge of NRMprofessionals, and providing information for localgovernments, on the opportunities available forintegrating NRM and land use planning.The paper begins with an overview of the currentframework for NRM and land use planning withinWestern Australia and establishes the linksbetween the two systems. It discusses the roleof the key agencies within these frameworks andthe limitations of the land use planning systemin dealing with natural resource managementissues.The second major component of the directionspaper explores the opportunities for integratingNRM into the current land use planningsystem, highlighting the barriers and proposingrecommendations for addressing these barriers.Finally, the Direction’s paper provides a detailedcase study example of how one NRM issue,biodiversity, can be addressed through theplanning system.The purpose of the Directions Paper is to:• Identify opportunities and constraints ofintegrating NRM into land use planning• Provide recommendations as to howintegration of NRM into land use planningcan be improvedThe paper is targeted at a wide audienceincluding the regional NRM groups, localgovernments, State NRM agencies, the WesternAustralian Planning Commission and theDepartment for Planning and Infrastructure.The recommendations arising out of the reportare directed at the WAPC, however the actionsrequired to implement the recommendations3

Directions Paper on the Integration of NRM and Land Use Planning3 NRM and landuse planningcontextIn order to effectively examine the ways in whichto improve the integration of NRM into land useplanning, it is important to understand whatNRM and land use planning is, and how the tworelate. This chapter has been written to providea basic understanding of both NRM and landuse planning in Western Australia. Website linksand references to key documents have beenprovided to enable the reader to obtain moredetailed information where desired.3.1 Natural resourcemanagement in WANRM for the purposes of the EnviroPlanningproject was defined as:“A process that seeks the best long termoutcomes for our land, air and water, throughcontrolling the interaction of society with theenvironment.”Natural Resource Management has a widerapplication than just the protection of discrete‘environmental’ assets, as it deals with themanagement and protection of all naturalresources with values or uses important forhealthy ecosystems and human services. TheDraft Natural Resource Management Plan forWestern Australia in defining natural resources,states that natural resources “can be discretesuch as a piece of bushland, a river, a wetlandor native animal, or dispersed such as ongoingwater supply, agricultural land or remnantvegetation”. It goes on to state that “naturalresource management relates to the humanactivities that use, enhance, protect or conservethese assets and values”.Within Western Australia, there is no singleagency responsible for undertaking the role ofNRM, rather this role is undertaken by a rangeof community, state and local governmentagencies. Chapter 4, provides further detailon the various agencies involved in NaturalResource Management. Similarly, there is noone piece of legislation governing NRM, with theimplementation of NRM drawing on a numberof different Acts such as the EnvironmentalProtection Act 1986, Wildlife Conservation Act1950, Soil and Land Conservation Act 1945 andthe Commonwealth’s Environmental Protectionand Biodiversity Conservation Act 1999.The National Action Plan for Salinity and WaterQuality (NAP) and Natural Heritage Trust(NHT) were major national programs that werecooperatively implemented by the Australian,State and Territory Governments aimed atimproving the management of Australia’s naturalresources. Both the NAP and the NHT werepartnerships between all levels of communityand Government, working together to protectthe environment and natural resources, andto sustain agricultural industries and regionalcommunities.As part of the delivery framework for NAPand NHT, 57 regions were identified acrossAustralia for the purposes of determiningNRM and sustainable agriculture priorities.Six regions were identified within WesternAustralia consisting of the South West, GreatSouthern, Swan, Northern Agricultural, Avon andRangelands regions.Each of the Regions were required to developa regional strategy based on a ‘whole ofregion’ approach to address significant naturalresource management issues incorporatingenvironmental, social and economic aspects.Development of the NRM regional strategieswere led by the NRM regional groups. Theseregional strategies identify strategic, prioritisedand achievable actions to address the range ofNRM issues and achieve the regional targets.4

Directions Paper on the Integration of NRM and Land Use PlanningThe strategies also form the basis of rollinginvestment plans that guide the delivery of fundswithin the region.Further information on the NRM regions and theirroles can be found atwww.nrm.gov.au/nrm/wa.html and within Section4.7 of this report.In March 2008, the Commonwealth Governmentannounced a refocus of its NRM programsthrough the new Caring for our Country initiativeto better target national priorities. Under theCaring for our Country program, six nationalpriority areas have been established:• A national reserve system,• Biodiversity and natural icons,• Coastal environments and critical aquatichabitats,• Sustainable farm practices,• Natural resource management in remoteand northern Australia, and• Community skills, knowledge andengagement.$2.25 billion in funding over five years from 1July 2008 to June 2013 has been allocatedto the program with the program designedto remove restrictions imposed on ‘national’,‘regional’ and ‘local’ level funding to provide theopportunity for non-government organisations,regional bodies, Local Government and State,Territory and Australian Government agenciesto access funds to help achieve the nationalpriorities.Under the new program, regional bodies will beprovided with a base level of funding to invest inactions that complement and contribute to thenational priorities. The regions will also be ableto bid for funds under a competitive process.Details of the Caring for out Country programcan be found atwww.nrm.gov.au/funding/future.htmlAt a State level, the Draft Natural ResourceManagement Plan for Western Australia (June2008), identifies six key priorities for NRM:• Recover and conserve Western Australia’sbiodiversity,• Maintain and enhance the condition andbeneficial use of Western Australia’spriority waterways,• Protect Western Australia’s marine andcoastal environment,• Ensure sustainable management ofWestern Australia’s agricultural and otherland resources,• Planning and management of urban andperi-urban areas to mitigate adversesocial and environmental impacts of rapidpopulation growth,• Enhance community skills, knowledge andengagement through support, knowledgemanagement, resource conditionassessment and evaluation of outcomes.This plan has been developed to providedirection for the management and protection ofthe State’s natural resources and to assist in thecoordination of the State’s investment in NRM.The draft NRM plan can be found atwww.nrm.wa.gov.au/draftNRMPlan.htm3.2 The WA planningsystemIn simple terms, land use planning is aboutdesigning the communities in which we live,work and play. It balances the built and naturalenvironment, community needs, culturalsignificance and economic sustainability in aneffort to improve our way of life.3.2.1 Legislative basis for theWA planning systemThe main legislative basis for the WesternAustralian land use planning system comes fromthe following acts and regulations:5

Directions Paper on the Integration of NRM and Land Use PlanningPlanning and Development Act 2005The Planning and Development Act 2005 is theprinciple piece of legislation for planning in WA.It sets out the procedures and requirements forsuch matters as the membership of the WAPC,the preparation of State Planning Policies,local planning schemes, subdivision, setting ofconditions and appeal procedures. PlanningBulletin No. 76, produced by the WesternAustralian Planning Commission provides agood overview of the Act and can be foundat the following link: www.wapc.wa.gov.au/Publications/742.aspxEnvironmental Protection Act 1986The EP Act establishes the requirement for theenvironmental impact assessment of proposalsincluding schemes and their amendments,as well as subdivisions and developmentapplications.Town Planning Regulations 1967The Town Planning Regulations 1967 prescribethe procedures for initiating, preparing,advertising and approving local governmentlocal planning schemes and local planningscheme amendments.Town Planning and Development(Subdivision) Regulations 2000These regulations relate to the subdivision(including survey-strata subdivision) of landprocess provided for under the Planning andDevelopment Act 2005.3.2.2 Tiers of decision makingThe role of land use planning is undertaken bythree main tiers of decision makers as depictedin Figure 2.The Minister for Planning and Infrastructureis a state government elected representative.The Minister is responsible for overseeing theadministration of planning agencies, maintainingand reviewing planning legislation, directingstatutory and strategic planning matters,approving regional planning schemes andlocal planning schemes, and approving someplanning policies.The Western Australian Planning Commissionand the DPI form the next tier. The WAPC isan advisory body to the Minister for Planningand Infrastructure and is the statutory planningauthority responsible for land use planning anddevelopment matters throughout the State.This includes the determination of subdivisionapplications, administration of regional planningschemes, endorsement of local planningstrategies and the provision of advice to theMinister on matters such as Local Governmentschemes and amendments.The WAPC operates with the support of the DPI.The DPI provides professional and technicalexpertise as well as administrative servicesfor the WAPC. The department has somedelegated authority to deal with subdivision anddevelopment applications where they complywith state policy.Local Governments make up the final tier andare responsible for controlling developmenton a local level through the implementation oftheir local planning schemes and strategies.These planning controls basically control landuses and residential densities within the areasand must be consistent with State and Regionalplanning strategies, schemes and policies.Local Government can also be delegated thepower to determine applications under a RegionScheme through Section 16 of the Planning andDevelopment Act. There are currently 142 localgovernments within WA.Separate to the three tiers of decision makersis the State Administrative Tribunal (SAT). TheSAT was established in WA in 2005 (prior to thiswas the Town Planning Appeals Tribunal) andserves as an independent body that makesand reviews a range of administrative decisionsincluding decisions made under the Planningand Development Act and subsidiary legislation.An applicant has the right to appeal a refusal6

Directions Paper on the Integration of NRM and Land Use PlanningMinister for Planning and InfrastructureWesternAustralianPlanningCommission(statutory authority)Technical adviceandadministrative servicesDepartment forPlanning andInfrastructure(public sectoragency)SATEPALocal GovernmentFigure 2: WA Land Use Planning HierarchyFigure 2: WA Land Use Planning Hierarchyand conditions of approval if dissatisfied withan outcome, and SAT will review the decisionin light of all applicable legislation, statutoryrequirements and policy. There are no third partyappeals in Western Australia.The EPA also is involved in the decision makingprocess through the environmental impactassessment process and has the ability to haltthe planning process by determining a proposalto be environmental unacceptable. This role isfurther discussed in Section 4.3 below.3.2.3 Strategic and Statutory PlanningThere are two main categories of land useplanning, strategic planning and statutoryplanning.In strategic planning, the focus is on the bigpicture, long term and regional planning. Itaims to integrate a wide range of economic,social, environmental and infrastructure issuesand looks at the way they might be managed.It includes such tools as regional strategies,polices and local planning strategies. Essentiallystrategic planning provides the direction andrationale for statutory planning.Statutory planning is the legal arm of planningand includes those planning tools that controldevelopment and manage the process of landuse, subdivision and urban development.It is recognised that the strategic componentof land use planning provides the greatestopportunities to facilitate improved NRMoutcomes as it seeks to balance a widerange of environmental, social and economicissues and often occurs earlier in the land useplanning process. Strategic planning tools sucha regional and local planning strategies alsoprovide the direction and rationale for statutoryregional and local planning schemes and theresulting reservations, zonings, subdivisions anddevelopment applications determined underthese.3.2.4 Further InformationIt is not the intention of this paper to providedetailed information on the WA planning systemand its processes, rather it will examine thoseaspects that are relevant to the improvedintegration of NRM into the land use planningsystem. Further information on the planningprocess itself can be found in the WAPCpublication ‘An introduction to the WesternAustralian Planning System’ which can beaccessed at the WAPC website on the followinglink; www.wapc.wa.gov.au/Publications/1468.aspx7

Directions Paper on the Integration of NRM and Land Use Planning3.3 Comparison withother statesIn Western Australia the land use planningsystem is characterised by a highly centralisedsystem with the State having retained a strongdegree of control over planning, unlike otherStates where systems are based on extensivedelegation to local government. In additionWA has separate planning and environmentallegislation that has resulted in NRMconsiderations not always being well integratedinto land use planning decisions.In regards to NRM, WA is one of four statesthat do not have statutory NRM arrangementsfor its regional NRM groups. As such, regionalNRM groups have no direct influence over theplanning process and links between the regionalNRM bodies and land use planning is primarilydependant on the role land use planning has inachieving the targets and actions identified inthe regional strategies.In comparison, it appears that NRM is wellintegrated into land use planning in New SouthWales (NSW) and Victoria, due to integratedenvironmental and planning legislation (NSWEnvironmental Planning and Assessment Act1979, and Victorian Planning and EnvironmentAct 1987) and statutory arrangements forNRM at the State and regional levels (NSWNatural Resources Commission Act 2003 andCatchment Management Authorities Act 2003,and Victorian Catchment and Land ProtectionAct 1994) (Environmental Defender’s Office NSW2008).Queensland (QLD) also has integratedenvironmental and planning legislation, theIntegrated Planning Act 1997, but lackslegislation to support State or regional NRMdelivery (State of Queensland 2008). SouthAustralia (SA) and Tasmania, on the other hand,have statutory NRM arrangements (SA NaturalResources Management Act 2004; TasmanianNatural Resource Management Act 2002) butseparate environmental and planning legislation.3.4 NRM as a planningconsiderationTo improve the integration of NRM into landuse planning, it is important to establishnatural resource matters as valid planningTable 2 : Status of integration of NRM into considerations land use planning the decision across making Australia. process.State/TerritoryIntegratedenvironmentaland planninglegislationSeparateenvironmentaland planninglegislationStatutory NRMarrangementsNon-statutoryNRMarrangementsNSW X XQLD X XVictoria X XSA X XTasmania X XWA X XNT X XACT X XTable 2 : Status of integration of NRM into land use planning across Australia.8

Directions Paper on the Integration of NRM and Land Use Planning3.4.1 The legislative basis for theconsideration of NRM in land useplanningThe Planning and Development Act 2005establishes the legislative basis for the landuse planning process. The Act which came intoeffect in April 2006 is primarily a consolidation ofprevious planning legislation.Some amendments were made to further includethe consideration of environmental issues intothe planning decision-making process. Theconcept of sustainability was recognised by thepromotion of sustainable use and developmentof land being included as a primary purposeof the Act. In addition the Act expanded themembership and functions of the WAPC toinclude members with experience or practicalknowledge of NRM matters.Regulations made under the previous planninglegislation continue to have effect under thePlanning and Development Act 2005. Themost notable of these are the Town PlanningRegulations 1967, which set out the processby which local governments can make localplanning schemes and local planning strategies.Role of the Western Australian PlanningCommissionPart 2 of the Act establishes the WesternAustralian Planning Commission and definesits functions and powers. The Commission hasa board of management which is responsiblefor performing the functions of the Commissionunder the Act. Its membership (under s10) mustinclude a person having experience in the fieldof coastal planning and management, a personhaving practical knowledge and experiencein one or more of the fields of environmentalconservation, natural resource management orheritage interests, the CEO of the departmentprincipally assisting in the administration of theEnvironmental Protection Act 1986 and the CEOof the Water and Rivers Commission establishedby the Water and Rivers Commission Act 1995.The function of the Commission includesthe coordination and promotion of land use,transport planning and land development in theState in a sustainable manner, which requiresthe consideration of social, economic andenvironmental outcomes in decision making.Formal referral proceduresThe Planning and Development Act 2005 setsup formal links to the Environmental ProtectionAct 1986 by requiring formal referral ofproposals to the EPA. This includes the referralto the EPA of Region Planning Schemes andtheir amendments (s38), local planning schemesand their amendments (81) and may includethe referral of State Planning Policies (s32).This enables the EPA to determine whether aproposal is likely to have a significant impacton the environment and to set an appropriatelevel of environmental assessment. The Actthen requires the relevant planning authorityto undertake an environmental review of theproposed scheme or policy in accordance withinstructions provided by the EPA.In addition to requiring the referral of proposalsto the EPA, the Act also establishes aconsultation process for state planning policies,region schemes, local planning schemes,and their amendments, interim developmentorders, subdivision and development, whichrequires consultation with any public authorityand person that may be likely to be affectedby the proposal. (s28,43,83, 89,104 & 142).This enables agencies such as the Departmentof Water and the Department of Agricultureand Food, and in some instances NRMregional groups, and interested persons inthe community an opportunity to input into theplanning process and provide advice basedon areas of expertise. In making a decision,consideration must be given to commentsreceived during the consultation process.9

Directions Paper on the Integration of NRM and Land Use PlanningEnvironmental Considerations asPlanning MattersThe Act includes NRM considerations as matterswhich may be dealt with by local planningschemes, region schemes and State planningpolicies. Schedule 7 of the Act describes thosematters which may be dealt with by a localplanning scheme, and includes:• The conservation of the naturalenvironment of the scheme area includingthe protection of natural resources, thepreservation of trees, vegetation and otherflora and fauna, and the maintenanceof ecological processes and geneticdiversity; and• The conservation of water.Schedule 7 forms the basis for those matterswhich may be dealt with by a State PlanningPolicy(s26(3)), a region scheme (s34(2)) and bya local planning scheme (s69 (1)). The role ofeach of these planning mechanisms and theirrelevance to achieving NRM outcomes is furtherdiscussed in Chapter 4.3.4.2 The State Planning Strategy 1997The State Planning Strategy provides thebasis for long-term State and regional landuse planning and sets a broad strategicdirection and common vision for the sustainabledevelopment of WA up until 2029. The Strategywas prepared in accordance with a requirementunder the Planning and Development Act 2005Division 2, Section 14 (b) which requires theWestern Australian Planning Commission toprepare and keep under review a planningstrategy for the State that provides a basis forcoordinating and promoting land use planning,transport planning and land development in asustainable manner, and to provide guidancefor public authorities and local governments onthese matters.The strategy sets out five key principles relatingto the environment, community, economy,infrastructure and regional development to guidethe way in which future planning decisions aremade. The Strategy establishes the need ‘toprotect and enhance the key natural and culturalassets of the State and deliver to all WestAustralians a high quality of life which is basedon sound environmentally sustainable principles’as a key consideration in land use planningdecision making.The State Planning Strategy can be foundat the following link: www.wapc.wa.gov.au/Publications/52.aspx and is further discussed inSection 5.1.2.3.4.3 Planning as a land use controlThe 2007 State of the Environment Report (2007)identified population growth and consumption asone of the greatest threats to the environment.Therefore, where we place our landuses, andhow we control those land uses is an importantconsideration when looking to protect the naturalenvironment. Land use planning provides aprocess for considering land use change andcan ensure that NRM matters are factored intodecision making.3.4.4 Planning as a mechanism forachieving NRM outcomesPlanning can provide a mechanism fordelivering NRM outcomes through theidentification of areas requiring protection, areassuitable for development and use, and areasrequiring restoration, within a sustainabilityframework. This can include provisions such asrequirements for foreshore reserves, protectionof drinking water supply areas and measuresfor managing flood risk. Opportunities foraddressing NRM outcomes through the planningsystem are discussed further in Chapter 4.In a review of the six Regional NRM Strategiesfor Western Australia from a land use planningperspective, many of the objectives and targetsthat were set within the strategies were able tobe addressed in part by effective considerationof NRM in the land use planning process.Such issues included but are not limited to, theprotection of key agricultural, biodiversity and10

Directions Paper on the Integration of NRM and Land Use Planningbasic raw material areas, preventing or limitingexposure of acid sulphate soils, floodplainmanagement, ensuring land use reflectsland capability, protection of coastal habitat,landforms and process and protecting thequality of ground and surface water supplies.A full copy of the review of the NRM regionalstrategies has been included within Appendix 3,and further discussion on the review of the sixNRM regional strategies is provided inSection 4.7.1.3.5 Recognising the limitationsfor NRMWhilst the links between planning and NRM arewell established, there are some fundamentallimitations in using the planning system toachieve NRM outcomes. Recognising theselimitations is essential to using the planningsystem effectively. Key considerations include;• Land use change is required to trigger theland use planning process.• The WA planning system is a complexsystem with a tiered approval process.• Time frames associated with the planningapproval and development process.• A historic development focus withinWestern Australia.Land use changeLand use planning is a process for managingand coordinating land use change and it istherefore land use change that triggers the landuse planning process. Whilst some managementor protection measures can be requiredthrough the planning system, (for examplea requirement to prepare and implement aforeshore management plan) the offset is usuallysome form of subdivision or development. Landuse planning therefore has limited influencein pastoral or broadacre farming areas wherethere is minimal change in land use, and is mosteffective in those areas undergoing developmentpressure.Tiered approval processThe WA planning system is made up of amulti layered approval process with planningoccurring at the State, regional and local levels.Prior to subdivision or development, a proposalmust be in accordance with an endorsed localplanning strategy and local planning scheme,be on land that is zoned appropriately andmust be in accordance within any applicableendorsed structure plan. Approvals are requiredat each stage of the process, and it is importantthat NRM considerations are made as earlyin the process as possible, to enable theseconsiderations to flow through the process intothe detailed design stages. It is very difficult toeffectively address NRM at the subdivision anddevelopment stages where these issues havenot been previously raised, as opportunitiesare limited to statutory requirements, such asthe maximum requirement of 10% public openspace. Chapter 5 outlines the opportunities andconstraints for addressing NRM through eachstage of the planning process.Time framesTimeframes associated with making changesto the land use planning framework, and inthe planning approvals process, can resultin significant delays in achieving NRMoutcomes through land use planning. Theintegration of NRM considerations into thelocal planning strategy has been identifiedby the EnviroPlanning project as providingthe greatest opportunity for improving theconsideration of NRM in decision making (seeSection 5.3 for further detail). The time takento prepare, obtain endorsement and amenda local planning strategy can however, takeupwards of 12months. In the absence of astrategic framework, statutory planning is stillundertaken, and decisions can be made thatmay compromise the direction of the localplanning strategy.Similarly, when NRM considerations areincluded within the planning framework (eg NRMprovisions within a local planning scheme) thetime taken to modify these provisions shouldbest practice change, can be lengthy.11

Directions Paper on the Integration of NRM and Land Use PlanningHistoric development focusLand use planning is a process for coordinatingland use and development. Historically thefocus of land use planning within WA has beendevelopment, with success of planning oftenmeasured according to land release measuressuch as number of residential lots created.In some circumstances this has resulted in ageneral lack of monitoring and evaluation toensure NRM outcomes sought were achieved.This is often related to a lack of resources andexpertise within decision making bodies. It isimportant to examine whether or not desiredNRM outcomes were achieved through thedesign process, ensure conditions related toNRM outcomes were successfully implementedand on-going management is secured, andundertake compliance monitoring. Resources toundertake this work are often limited, particularlywithin local government.In addition to the above limitations, there arefurther barriers to the integration of NRM andland use planning including institutional barriers,a lack of resources and a lack of communicationand coordination between key NRM andplanning organisation. These barriers are furtherexplored within Chapter 4 of this report.12

Directions Paper on the Integration of NRM and Land Use Planning4 The main playersThere are a number of different agencies andorganisations responsible for NRM withinWestern Australia. This chapter provides anoverview of the role of each of these agencies,how their role interfaces with land useplanning and specific programs that are beingundertaken that may be of relevance. Furtherinformation on the role of the agencies as itrelates to the different stages of the planningprocess can be found within Chapter 5.4.1 Department forPlanning andInfrastructure/WesternAustralian PlanningCommissionAs mentioned in section 3.2.2, both the WAPCand the DPI have important roles in relation toland use planning decision making. The WAPCdetermines subdivision applications, administersregional planning schemes, endorses localplanning strategies, and advises the Minister onmatters such as local planning schemes andamendments. The DPI provides professional andtechnical expertise and administrative servicesto the WAPC. The DPI also has delegatedauthority to determine subdivision anddevelopment applications, where these complywith State policy.The integration of NRM into land use planningis largely governed by the State PlanningFramework and the support that the DPI andthe WAPC provide for implementation of theframework. The specific policies of relevanceto NRM are not detailed in this section ratherdiscussion on these can be found in section5.1. The WAPC, through a number of itssubcommittees, and the DPI, through itsorganisational structure, provide some capacityto address NRM matters through implementationof the State Planning Framework.4.1.1 WAPC committeesThe WAPC has a number of committees thatadvise it on matters relevant to the integration ofNRM into land use planning, including the;• Environment and Natural ResourcesManagement Committee - advises theWAPC on ways in which statutory orstrategic land use planning can assist inachieving sustainable management of theenvironment and natural resources.• Sustainability Committee - establishedas an outcome of the State SustainabilityStrategy to advise the WAPC on theintegration of sustainability into theplanning system.• Coastal Planning and CoordinationCouncil - provides high-level strategicand integrated advice to the WAPC on thesustainable and coordinated planning andmanagement of the Western Australiancoast.Environment and Natural ResourceManagement CommitteeThe Environment and Natural ResourcesCommittee, as evidenced by its terms ofreference, has an important role in facilitating theintegration of NRM into land use planning. Thecommittee undertakes the following activities:• Drafts policy and other appropriatedocuments for land use planning relevantto the sustainable management and useof the environment and natural resources;• Presents to the Commission thecoordinated views of stakeholders relatingto land uses affecting the managementand use of natural resources, in order tofacilitate an optimal planning outcome;• Reviews the capacity of existing strategicand statutory planning mechanisms andprocesses of the Commission to deal withnatural resource issues and advise onsuggested amendments;13

Directions Paper on the Integration of NRM and Land Use Planning• Advises on land use planningmechanisms or policies that could beused to resolve or minimise conflict andachieve optimal use of land where thereare competing uses or pressures; and• Advises on land use planning instrumentsor mechanisms that could be used toameliorate land degradation or achieveagreed conservation objectives.Many of the actions identified throughout thepaper to improve the integration of NRM andland use planning are consistent with theterms of reference of the Environment andNatural Resources Management Committee,and therefore would be suitable for furtherinvestigation by the Committee.4.1.2 DPI organisational structureDPI has recently undertaken a review andrealignment of its organisational structure, withone of the more significant changes being theintegration of environmental planning expertisethroughout a number of directorates withinDPI’s State and Regional Policy and StatutoryPlanning Divisions (refer to Appendix 4 fororganisation chart). This change is in responseto the need to integrate consideration of NRMand environmental matters throughout DPI,instead of centralising this function within onedirectorate.The former Environment and SustainabilityDirectorate of the DPI performed the corefunction of facilitating the consideration ofenvironmental and NRM matters throughDPI and WAPC decision making processes.Specifically the role of the former Environmentand Sustainability Directorate included:• Provision of expert environmental andNRM advice to support DPI’s strategic,statutory, legislative and other activities• Coordination of coastal planning policyand grants administration;• Implementation and review of plans,policies and programs (e.g. BushForever, Gnangara Land Use and WaterManagement Strategy);• Provision of support to environmental andnatural resource management (NRM)committees including those of the WAPC;• Leading and facilitating debate ondevelopment and transport issues as theyaffect the environment (e.g. contaminatedsites);• Evaluation and development ofenvironmental policy for internaland external clients (e.g. Air Quality,Greenhouse).The Directorate tended to focus more on thedevelopment of strategic policy, with limitedcapacity to be involved in strategic and statutoryplanning referrals.The review and resulting realignment of DPI’sorganisational structure provides a significantopportunity to better address NRM mattersthrough DPI and WAPC processes, providedadequate resources are made available andprocesses are established to support theconsideration of NRM matters. Additionally thereview and realignment of DPI also providesan opportunity to take a more focusedapproach to supporting the development ofland use planning initiatives where there is highdevelopment pressure and high environmentalvalues. Currently the integration of environmentalplanning expertise is currently limited to theSouthern, Central and Northern country planningregions and does not yet include the Peel, SouthWest and Metropolitan planning regions.To assist the DPI during the transition ofintegrating environmental planning expertisethroughout the department, it is suggested thatan NRM procedures manual be prepared forthe DPI officers. An NRM procedures manualshould provide direction on those environmentalmatters that need to considered by the DPI,identify those matters where advice should besought from the DPI environmental planners andrecognise those matters where the DPI shouldseek expert advice from other agencies.14

Directions Paper on the Integration of NRM and Land Use PlanningRecommended actions:• Develop a procedures manual to guidethe DPI’s internal and external planningprocesses that are relevant to NRM.• Implement new DPI procedures forintegrating NRM into land use planning.• Develop and deliver training for DPIstaff on the NRM planning proceduresmanual.4.1.3 DPI and WAPC involvementin Commonwealth and Statefunded regional NRM deliveryprogramsThe DPI’s main involvement in regional NRMdelivery has been through providing seniorofficer representation on key NRM committees,including CONRACE, State NRM Council,Australian and State Government Joint SteeringCommittee, and the Senior Officers Group.The DPI has also provided senior officerrepresentation on the board of two of theregional NRM groups and representation onreference/working groups of four of the regionalNRM groups.Given the links between land use planning andNRM it is important that the DPI maintain itsrepresentation in relevant NRM committees atthe State level. DPI representation on boardsof regional NRM groups can be advantageous,however the resources to support suchrepresentation are limited. Therefore DPI effortsin working with the regional NRM groups areprobably best targeted at supporting thedevelopment and delivery of partnershipprojects that assist NRM matters to beaddressed through land use planning, ratherthan ongoing representation on the boards ofregional NRM groups.4.2 Local Government/Western AustralianLocal GovernmentAssociationLocal government is responsible for policydevelopment and implementation of land useplanning as well as regulating a wide range ofactivities that may impact upon NRM (Binninget al. 1999). As managers of public land, localgovernment also has a key role to play intranslating the policies of Commonwealth andState government into on-ground projects.The Local Government Act 1995 (the LG Act)and the Planning and Development Act 2005(the P & D Act) provide local government with arange of functions, powers and responsibilitiesto influence NRM on public and private land.The LG Act recognises that ‘in carrying outits functions, a Local Government is to use itsbest endeavours to meet the needs of currentand future generations through integration ofenvironmental protection, social advancementand economic prosperity’. Under the Planningand Development Act 2005, local governmenthas an important role in integrating NRM andland use planning as they are responsible forpreparing and administrating their local planningstrategies and local planning schemes as furtherdiscussed in Chapter 5. Furthermore, localgovernments are required to prepare a plan forthe future of their district that establishes broadobjectives for the local government over a twoyear timeframe. It is through these future plansthat broad direction can be established andresources allocated to undertaking activities thatmay include those relevant to NRM and land useplanning. This can include resourcing actionsidentified within the local planning strategy.4.2.1 Local Government CapacityThe capacity of local government to addressNRM matters through the preparation andadministration of local planning strategies andschemes is varied. The Western AustralianLocal Government Association’s (WALGA)15

Directions Paper on the Integration of NRM and Land Use Planningdraft report ‘The Journey: Sustainability Intothe Future’ acknowledged that the attractionand retention of appropriately qualified landuse planning staff is an issue of concern formany local governments. The majority of localgovernments outside of the Perth MetropolitanRegion and other regional centres havelimited environmental planning capacity andoften rely on consultants to support their landuse planning functions, particularly the morecomplex and time consuming activities, such aspreparing or amending local planning strategiesand schemes.The limited capacity of local governmentto support NRM through land use planningis perhaps most evident in those localgovernments with extensive peri urban areas.Peri urban areas are transitional areas betweenurban and rural land and as such represent animportant interface between NRM and land useplanning due to the significant environmentalassets they contain and the diversity of landuses that they support. Often the demand forland use change and development in peri urbanareas exceeds the resources available to Stateand local government to effectively plan for suchdevelopment.Local government is also under-resourcedfor large scale management of its naturalresources. This includes a lack of staff resourcesfor checking compliance and enforcement ofconditions of planning approvals, as well as onground management of natural resources thatare to be protected through retention in localreserves.4.2.2 Improving local governmentcapacityThere are a number of options to improvelocal government’s capacity to achieve NRMoutcomes through land use planning, includingdelivery of partnership projects, more efficientuse of local government resources, provisionof funding support and State governmentassistance.Partnership projectsThe development of partnership projectsprovides an opportunity for various stakeholdersto more efficiently and effectively engage andsupport local government to address NRMmatters through local planning strategies andschemes. WALGA, as the peak industry bodyfor local government, has played an importantrole in developing partnership projects to assistlocal governments to achieve NRM outcomesthrough land use planning. In addition to theEnviroPlanning project, WALGA is a partner in anumber of projects including biodiversity, waterand climate change projects that seek to betterintegrate consideration of those matters throughState and local government land use planningprocesses. WALGA delivers the Perth andSouth West Biodiversity Projects in partnershipwith the Perth Region and South West NRMregional groups and State government. WALGAalso partnered with DPI, DEC and DoW insourcing Commonwealth government fundingthrough the Coastal Catchments Initiative tosupport development of the Better Urban WaterManagement Framework. More recently, WALGAentered into a partnership with the DEC todeliver the Climate Change in Local Governmentproject, which seeks to build the capacity localgovernment to address climate change issues.The Climate Change in Local GovernmentProject will amongst other things, develop modelpolicies to assist local government to considerclimate change issues through their land useplanning decisions.Efficient use of local government resourcesMore efficient use of local government resourcesmight be achieved through amalgamationof local governments, formation of RegionalOrganisation of Councils, or the preparation ofregional local planning strategies.In recent years there has been some debateabout the role of amalgamation of localgovernments to overcome resource shortagesand facilitate more efficient service delivery.The advantage of amalgamations from a landuse planning perspective is that it would assist16

Directions Paper on the Integration of NRM and Land Use Planningin facilitating a more regional approach to landuse planning as local planning strategies andschemes could be prepared over a wider landarea.An alternative to the amalgamation of localgovernments is the formation of RegionalOrganisation of Councils (ROC) or VoluntaryRegional Organisation of Councils (VROC).The South East Avon Regional Organisationof Councils (SEAVROC), which consists ofthe Shires of York, Cunderdin, Quairading,Beverley and Brookton, is one such example.SEAVROC has formed a sustainable land usemanagement group with representatives fromeach of the Shires and State NRM agencies, todiscuss opportunities to improve sustainableland use management across the region. Thesustainable land use management grouprecently initiated a project, funded throughEnviroPlanning’s Local Government Partnershipprogram, to develop a local planning policyfor tree farming in low rainfall areas acrossthe five shires. The sustainable land usemanagement group has also initiated a projectto facilitate a more consistent approach to landuse planning decision making across the fiveshires. The project involves reviewing eachlocal government’s planning framework, anddeveloping a checklist, process and GIS tosupport sustainable land use planning decisionmaking across the five shires.When preparing local planning strategies,local governments could consider cooperationwith other councils within their region orcatchment to address common NRM issues.Water and biodiversity related issues are oftenbest addressed within a regional context,so cooperation between neighbouring localgovernments would provide an opportunity toimprove NRM outcomes.Recommended actions:• Explore opportunities for regionalcooperation across local governments toshare planning resources.• Seek funding from the State NRM Planand Commonwealth Government’sCaring for our Country program, andadminister funding to support localgovernment projects that addressthe integration of NRM into land useplanning.Funding support and State governmentassistanceIn recent years the EnviroPlanning project hasprovided funding assistance through a localgovernment partnership program, of whichsome $300,000 has been invested to supportachievement of NRM outcomes through landuse planning. At regional forums delivered byEnviroPlanning, local governments and otherstakeholders indicated a strong desire forcontinuation of grant funding to support land useplanning initiatives to better address NRM.The DPI in 2005/07 received funding from theWAPC for the employment of regional supportofficers to provide support to low capacity localgovernments in the preparation of local planningstrategies and schemes. Funding for the projectwas for one year only, however benefits to localgovernments included improved guidanceon the process of preparing a local planningstrategy, education forums and general supportto local governments. Whilst the structuralreview and realignment of DPI’s State andRegional Policy Division (resulting in threeplanning directorates for southern, central andnorthern regions), will potentially provide someopportunities to better support local governmentwith preparation of local planning strategiesand schemes, consideration should be givento how low capacity councils, particularlythose with extensive areas of peri urban areascan be further supported. It is suggested thatconsideration should be given to the formation17

Directions Paper on the Integration of NRM and Land Use Planningof a local government support unit within DPI toprepare local planning strategies and schemesfor lower capacity local governments.Recommended action:• Provide technical planning support tolocal governments for the integrationof NRM into land use planning.4.3 EnvironmentalProtection AuthorityThe Environmental Protection Authority (EPA)is a statutory authority established under theEnvironmental Protection Act 1986, and is theprimary provider of independent environmentaladvice to the government. The EPA consists offive members, including a full time chairperson,and is supported by the EPA service unit of theDepartment of Environment and Conservation(DEC). The EPA’s objectives are to protect theenvironment and to prevent, control and abatepollution and the EPA achieves this primarilythrough:• Providing advice to the community,stakeholders, developers, regulators andthose within Government who formulateenvironmental policy;• Preparing Environmental ProtectionPolicies which have the force of law; and• Assessing development proposals andactivities that have the potential to impacton the environment, and advising theMinster for the Environment regardingtheir environmental acceptability.Further information on the role of the EPA can befound on their website www.epa.wa.gov.au4.3.1 Relationship with the Departmentof Environment and ConservationThe EPA is supported by the EPA service unitwhich comprises the Environmental ImpactAssessment and Policy Divisions of the DEC.This unit provides professional and technicalsupport to the EPA in carrying out its duties.In undertaking its function, the EPA service unitworks closely with officers within DEC, takinginto consideration advice and recommendationsfrom the regional office’s and the technicaldivisions within DEC. Any proposal or schemethat requires referral to the EPA for a decision onthe level of assessment does not usually requirea separate referral to DEC.4.3.2 Environmental impact assessmentand adviceThe EPA’s role in land use planning is clearlyestablished through the interface between theEnvironmental Protection Act 1986 and thePlanning and Development Act 2005, whichsets up a formal referral and environmentalimpact assessment process for developmentproposals, planning schemes and schemeamendments. The Planning and DevelopmentAct 2005 requires the formal referral of schemesto the EPA and establishes how the EIA processis integrated into the planning process. TheEnvironmental Protection Act 1986 sets up themechanisms for assessment and the process ofEnvironmental Impact Assessment and providesthe EPA with the ability to provide informalstrategic environmental advice when requestedby the Minister.Informal strategic environmental advice(s16(e))Section 16 (e) of the Act provides for the EPA to“advise the Minister on environmental mattersgenerally and on any matter which he may referto it for advice, including the environmentalprotection aspects of any proposal or scheme”.Advice provided under this section of the Actis non-binding and has been used primarily toidentify key environmental issues associatedwith broad scale proposals including adviceon whether a proposal may be potentiallyacceptable. One recent example of the use ofstrategic environmental advice is the PrestonIndustrial Park development, a project covering2950ha. The EPA provided strategic advice tothe Minister for the Environment, on the projectbeing undertaken by the DPI, on behalf ofthe WAPC, to develop a structure plan for the18

Directions Paper on the Integration of NRM and Land Use PlanningPreston Industrial Park. Recommendationswere provided on the need to protect significantareas of regionally significant vegetation andother natural areas required for the purpose ofenhancing and restoring ecological linkages,and on the need for additional studies on arange of matters including wetland buffers,water quantity and quality, acid sulphate soils,floodway management and waste management.The DPI and the EPA have been collaborating ona process to resolve the environmental mattersat an early stage in order to allow for detailedplanning for the area to proceed. (EPA BulletinNo. 1282).Referral of schemes (s48)Region schemes, local planning schemesand their amendments are referred by theresponsible authority (the Local Governmentin respect to local planning schemes andamendments, and the WAPC in respect toRegion Schemes and amendments) to theEPA under section 48 of the EP Act 1986for assessment. The underlying reasoningbehind requiring the referral of schemes andamendments is to ensure the environmentalsuitability of land for proposed uses priorto rezoning, and identification of criticalenvironmental management requirementsaffecting the use and development of the land,so that it is not necessary for all subsequentdevelopment and subdivision applications to besubject to environmental assessment.Currently all schemes and amendments arerequired to be referred regardless of the levelof potential impact on the environment theamendment may have. In addition, referral ofscheme amendments by the local governmentoccurs prior to consideration of the validityof the amendment by the Western AustralianPlanning Commission, which can result inthe EPA assessing a proposal that is unlikelyto be approved (eg. an amendment that isinconsistent with a local planning strategy).There is therefore a potential ability to furtherstreamline the environmental assessmentprocess.Referral of proposals (s38)Section 38 of the EP Act requires all proposalsthat are likely to have a significant effect onthe environment to be referred to the EPA forassessment by the decision making authority.Subdivisions and development applications aretypes of proposals that fall under this category.Not all significant proposals are required to bereferred to the EPA. Proposals are generally notrequired to be referred if they;a) have environmental impacts that can bemanaged by enforceable requirements;b) are in accordance with an assessedscheme, that has had all theenvironmental issues previously assessed;c) have been previously referred;d) are likely to be refused; ore) will be subject to an amendment;In addition to significant proposals, amendmentsto the EP Act in 2003 introduced the ability of theEPA to assess strategic proposals under s38.Under section 37B(2) a proposal is classifiedas a strategic proposal if, and to the extent withwhich it identifies:a) a future proposal that will be a significantproposal; orb) future proposals likely, if implementedin combination with each other, to havesignificant effect on the environment.The concept of strategic environmentalassessment of proposals is relatively new, andthe EPA is currently trialling the assessment ofstrategic proposals before publishing detailedguidelines. Referral of a strategic proposal willusually be by the proponent on a voluntary basisand is initiated through discussions with theEPA.Environmental impact assessmentIn determining the environmental significanceof a proposal and deciding whether a proposalwill be formally assessed, several factors aretaken into consideration as prescribed in the19

Directions Paper on the Integration of NRM and Land Use PlanningEnvironmental Impact Assessment (Part IVDivision 1) Administrative Procedures 2002.These include:i) the extent and consequence ofbiophysical impacts;ii) the environmental values of the areaaffected;’iii) the extent of emissions and their potentialto unreasonably interfere with the health,welfare, convenience, comfort or amenityof people;iv) the potential for biophysical impacts ofthe proposal to significantly and adverselychange peoples social surroundings;v) the extent and rigour to which potentialimpacts have been investigated anddescribed in the referral, and theconfidence in the reliability of predictedimpacts;vi) the extent to which the proposalimplements the principles of sustainability;vii) the ability of decision making authoritiesto place conditions on the proposals toensure required environmental outcomesare achieved; andviii) the likely level of public interest, andthe extent to which the proponent hasconsulted with interested and affectedpeople and responded to the issuesraised.The Environmental Impact Assessment (Part IVDivision 1) Administrative Procedures 2002 areavailable from:www.epa.wa.gov.au/template.asp?ID=2&area=EIA&Cat=EIA+Process+Information. Furtherinformation on the EIA process can also befound within EPA Guidance Statement No. 33.In 2006-07, the EPA reported that 507 proposalsand schemes were referred for a decision onthe level of assessment. Of these, only 38 wereformally assessed. 305 were not assessed withpublic advice given, and the remainder were notassessed.Sometimes the proponent or responsibleauthority consults with the EPA Service Unitor the DEC region before, or upon, making areferral to the EPA, and may make modificationsbefore the level of assessment is set. This is afactor that contributes to the low percentage offormal assessments undertaken by the EPA.There is a common misconception amongstplanners that if a proposal or scheme is notformally assessed by the EPA, all environmentalissues have been considered to be adequatelyaddressed. It is also incorrect for planners toassume that consideration of environmentalmatters in the land use planning system isprimarily or solely the responsibility of the EPAor the DEC. Planning agencies are responsiblefor sustainable use and development in WAunder the planning legislation and WAPCplanning strategies and policies. The EPA has awatchdog function, and uses this to ensure theprotection of environmental factors of regionaland higher significance. However, it expects thatplanning agencies will ensure environmentallysound outcomes at each stage of planningincluding the local and higher levels of planning.This position is set out in EPA GuidanceStatement No. 33.Of the 469 proposals and schemes not formallyassessed by the EPA in 2006/07, 65% wereissued with public advice on environmentalaspects of the proposals. This advice isprovided to decision makers for considerationin the decision making process, however is notlegally binding on either the decision makeror the proponent. There is a need to ensurethat the advice provided is clear about theexpectations of the EPA with regards to anypotential impact future development may haveon the environment or whether there are anyrequirements to be addressed prior to futureplanning stages, to ensure that these can beadequately implemented. For example, whenproviding advice on a scheme amendment, itmay be beneficial for the advice to recommendstandard scheme provisions to ensurerequirements are assessed at the subdivisionstage. It is suggested that a review of thestandard environmental conditions and advice20

Directions Paper on the Integration of NRM and Land Use Planningby the DPI, DEC and EPASU be undertakenin order to improve the transferability ofenvironmental protection requirements throughthe planning system.Recommended actions:• Prepare a Memorandum ofUnderstanding (MoU) between EPAand WAPC, to establish agreement onthe expectations of the two agencies inaddressing NRM matters through landuse planning, to establish initial prioritiesfor integrated environmental planning(e.g. EPA Section 16 advice), and todevelop environmental conditions andadvice for planning proposals, schemesand amendments.• Integrate EPA Section 16 advice intoland use planning process.• Implement the WAPC’s commitmentsunder the EPA/WAPC MoU.• Undertake an annual review of prioritiesfor integrated environmental planningidentified in the EPA/WAPC MoU.4.3.3 EPA Guidance StatementsGuidance Statements are issued by the EPA toassist proponents, consultants and the publicgenerally to gain additional information aboutthe EPA’s thinking in relation to aspects of theEIA process. The Guidance Statements providethe basis for EPA’s evaluation of, and adviceon, development proposals, schemes and theiramendments subject to EIA.EPA Guidance Statement No. 33 – EnvironmentalGuidance for Planning and Development(May 2008) is particularly relevant to land useplanners and was developed as a resource forlocal government, State government agencies,consultants, proponents and the public toassist in achieving environmentally acceptableoutcomes. The stated purpose of the GuidanceStatement is to:• describe the processes the EPA mayapply under the Environmental ProtectionAct 1986 to land use planning anddevelopment in Western Australia, inparticular the Environmental ImpactAssessment process applied to schemes;and• provide information and advice on arange of environmental issues and theirprotection and management.The Guidance Statement directly addresses theintersection of environmental assessment andprotection with land use planning and is brokeninto five (5) main parts:• Part A - An overview of the environmentalprotection and land use planning inWestern Australia;• Part B - EPA’s advice on protecting arange of biophysical factors to assist landuse planning;• Part C - The EPA’s advice on managingpotential pollutants, waste, and water, toassist land use planning;• Part D - EPA advice on protecting aspectsof the biophysical environment of culturaland social significance, and the EPAposition on risk; and• Part E - Sources of Information.The Guidance Statement serves as a fairlyuseful repository for land use planners on NRMconsiderations within the land use planningprocess and potentially has a significant roleto play in ensuring environmental matters areintegrated into the decision making process.Part A of the Guidance Statement defines theroles of the EPA and the DEC in relationshipto land use planning, provides an overviewof the Environmental Impact Assessmentprocess, explains the relationship betweenWA EIA process and the requirements of theCommonwealth Environmental Protectionand Biodiversity Conservation Act 1999, andprovides an overview of the WA planningprocess and the links to environmentalconsideration. Two scales of planning areidentified and used throughout the GuidanceStatement:21

Directions Paper on the Integration of NRM and Land Use Planning• Broad scale planning –strategic and moststructure planning, region schemes andtheir amendments, whole of municipalitytown planning schemes and some townplanning scheme amendments.• Local area planning – subdivision anddevelopment, some town planningscheme amendments and detailed localstructure plans.The Guidance includes a checklist ofenvironmental factors and outlines a processto assist the appropriate consideration ofenvironmental issues for both scales of decisionmaking. In implementing these steps however,there is a need for support from relevant stateagencies (eg DEC, DoW, DAFWA) to assistlocal government in determining priorityenvironmental issues to be considered inthe decision making process, as the levelof expertise required to adequately assessthe implications of development on theenvironment may not always be present withinthe decision making authority. It is suggestedthat an opportunity exists for relevant agenciesto provide this direction through regionalworkshops for those areas experiencingincreasing development pressure. This conceptis further discussed in Section 5.2.Parts B, C and D of the Guidance providemore detailed advice on specific environmentalfactors or issues that may need considerationin land use planning. Useful information withinthese sections includes potential impacts andthreats to environmental assets, checklists forbroad scale and local scale planning, a list ofother relevant EPA guidance documents andpolicies, advice on when a proposal affectingthe assets should be referred to the EPA andmeasures to manage or protect environmentalassets.Whilst the Guidance Statement provides a goodbasis for land use planners, there is a lack ofawareness of the document and understandingof how the document can be used. Thecomprehensive nature of the document means itis difficult to ascertain which components are tobe addressed by the local government withoutdirection from the EPA or DEC, and the size itselfcan be daunting for a land use planner. Thisis not to suggest that the Guidance Statementshould be reduced in size, rather that anawareness raising and training program wouldbe beneficial.Recommended action:• Promote and allocate resources forimplementation of EPA GuidanceStatement No. 33.4.4 Department ofEnvironment andConservation (DEC)The Department of Environment andConservation (DEC) is the lead agencyresponsible for the protection and conservationof many aspects of the State’s environment,including the management of the State’s nationalparks, marine parks, conservation parks, naturereserves, State forest and timber reserves.The Department was formed in July 2006bringing together functions of the Department ofEnvironment (excluding functions transferred tothe Department of Water) and the Departmentof Conservation and Land Management.Legislation administered by the DEC includes;• Carbon Rights Act 2003,• Conservation and Land Management Act1984,• Contaminated Sites Act 2003,• Environmental Protection Act 1986,• Environmental Protection (Landfill) LevyAct 1998,• National Environment Protection Council(Western Australia) Act 1996,• Reserves (National Parks andConservation Parks) Act 2004,• Reserves (National Parks, ConservationParks and Other Reserves) Act 2004,• Reserves (National Parks, ConservationParks, Nature Reserves and OtherReserves) Act 2004,22

Directions Paper on the Integration of NRM and Land Use Planning• Sandalwood Act 1929, and• Wildlife Conservation Act 1950Key functions of DEC include regulatory,management, protection and advisory roles inmany aspects of the States natural resourcessuch as biodiversity and natural areas(conservation reserves, threatened ecologicalcommunities and rare species, wetlands),DEC managed areas (conservation estate),and pollution prevention and management(acid sulphate soils, contaminated sites,discharges air quality, noise and vibration). DECcontributes to the development of environmentalprotection policies and assists the EPA tomanage the EIA process in order to achieveimproved environmental outcomes. DEC isalso responsible for fire preparedness, pestanimal and weed control on 89 million hectaresof unallocated Crown land and unmanagedreserves. Also sitting within the Department isthe EPA Support Unit which provides supportservices to the EPA for EIA of proposals.Links to land use planningDEC’s role in land use planning is predominantlyas an advisory body to decision making bodies(as opposed to the EPA who have a statutoryrole in providing advice to the Minister), andcontributes to the State’s policy, strategic andstatutory land use planning processes. DECreceives planning referrals from the DPI, localgovernments and redevelopment authoritiesincluding statutory and non-statutory referrals,and is responsible for ensuring subdivisionconditions relating to their functions are met.Some scheme provisions may require DEC toapprove or provide advice on environmentalmanagement matters at specified stages ofplanning. From time to time DEC officers arerequired to provide expert evidence whenplanning applications are appealed. Where aplanning instrument (eg scheme amendment)must be referred to the EPA, it generally doesnot need to be separately referred to DEC. TheEPA Service Unit typically seeks advice fromother parts of DEC and incorporates that advicein its advice.When there is a clear need for DEC advice,the first points of contact in DEC for land useplanning related matters are the regional offices.A map of the DEC regions and a contact listhas been included within Appendix 5. Thereis currently no permanent central coordinationof the DEC’s land use planning function, andthis together with limited resources for land useplanning within the regions has resulted in thelevel of support for this function varying greatlybetween the regions. At the regional forums heldby EnviroPlanning, this was of particular concernto local governments.When the split into the functions of theDepartment of Water and the Department ofEnvironment and Conservation occurred, thededicated land use planning officers from theDepartment of Environment trained in providingadvice on pollution management and otherissues were absorbed by the Department ofWater, leaving DEC with restricted capacity torespond to land use planning referrals. Thisand other issues have been recognised bythe Department with a review of the deliveryof planning and development advice in DECcurrently being undertaken. The review willseek to make recommendations on processeswithin DEC for providing land use planningadvice, including the role of DEC in land useplanning, and providing guidelines on thefactors on which DEC is able to provide advice.Key recommendations of the review are likely toinclude establishing a central land use planningcoordination section within DEC. In the interimthe DEC is developing training and guidelinesto assist regions to deal with land use planningissues.EPA Guidance Statement No. 33 as discussedin Section 4.3.3 above, provides guidanceon protecting and managing a range ofenvironmental factors during planning. DECencourages use of this document for adviceon how to deal with certain matters in the firstinstance. See comments on EPA GuidanceStatement No. 33 in 1.1. 3.23

Directions Paper on the Integration of NRM and Land Use PlanningFurther information on DEC’s role in land useplanning along with guidance on land useplanning referrals and the factors on whichDEC may comment can be found at the DEC’swebsite at the following link:www.dec.wa.gov.au/management-andprotection/land-use-planning/index.htmlDEC and DPI are developing an administrativeagreement for development and subdivisionproposals that includes guidelines on the referralof proposals to DEC.4.5 Department of WaterThe Department of Water (DoW) was formed inJanuary 2006, following the restructure of theDepartment of Environment and Departmentof Conservation and Land Management, forthe purposes of ensuring the “states waterresources are planned and managed to meetcommunity requirements, now and into thefuture”. The Department’s Strategic Plan 2007-08 summarises the key responsibilities of theDepartment into four key roles:• Water Governance;“To improve and facilitate the governanceof water resources and the water industryso all West Australians have access to thewater services they need.”• Water Knowledge;“To increase our knowledge of WesternAustralia’s water resources and set valuesthat govern its management.”• Water Use and Impact Management; and”To manage people’s use of and impacton water resources.”• Capacity Building“To increase our own knowledge and thatof the community, leading to appropriatecorporate, community and individualactions.”The full copy of the Departments strategic planis available from;www.portal.water.wa.gov.au/portal/page/portal/home/AboutUs/Content/DoW_StrategicPlan_lowres.pdfLinks to Land Use PlanningWithin the State Planning Framework, waterissues have been clearly established asa relevant planning consideration. StatePlanning Policy No. 2 – Environment andNatural Resources Policy recognises water asfundamental to human life and the environmentand provides broad guidance on the mattersthat should be considered within localplanning strategies, schemes and in decisionmaking including matters relating to wetlands,waterways, floodway, drinking water sourcesand drainage. SPP No. 2 is further supportedby supplementary policies including SPP 2.1Peel-Harvey Catchment, SPP 2.2 GnangaraGroundwater Protection, SPP 2.3 JandakotGroundwater Protection, SPP 2.7 Public DrinkingWater Source and SPP 2.9 – Water ResourcesPolicy.The State Water Plan outlines the Government’scommitment to strategically and effectivelymanaging water resources recognising thestrong link with water planning and land useplanning. The Plan states “Water Planningshould inform and integrate with land useplanning. Increasingly, it is intended thatwater planning should precede land useplanning. This will not only provide an importantnatural resource management context forland planning, but will identify resourceopportunities, constraints and incompatibleland use activities.” The Department of Water isresponsible for the implementation of the StateWater Plan and has a strong commitment tothe integration of water planning with land useplanning.DoW provides comments on statutory planningreferrals (scheme amendments, subdivisionsand development applications) through itsregional office’s on a range of issues relating tothe protection of the State’s Water Resources.24

Directions Paper on the Integration of NRM and Land Use PlanningThe regions are supported by a central land useplanning section within head office that dealsprimarily with procedural and policy issues, themaintenance of a central database, trainingand the provision of advice to the regionswhere required. Statutory referrals are in thefirst instance to be directed to the appropriateregional office.As well as providing recommendations andadvice on statutory referrals, the Department isincreasing its focus on improving the interfacebetween strategic water planning and strategicland use planning and is responsible for thepreparation and implementation of ;• Regional Water Plans• Statutory Water Management Plans• Drinking Water Source protection plans• Drainage Plans; and• Floodplain Management Plans.There is a need for the DoW and the DPI tomaintain strong communication links to ensurestrategic level water planning can occur aheadof the development front, and prevent the needfor consideration of water issues on a caseby case basis at the statutory planning level.Greater collaboration between DPI and the DoWin setting priorities for regional water planningby DoW will ensure information is available in atimely manner for development hotspots withinthe State.Better Urban Water Management FrameworkThe DPI, the Western Australian LocalGovernment Association and the Departmentof Environment, Water Heritage and Artsand the Department of Water have workedcollaboratively to develop the Better UrbanWater Management Framework. This Frameworkhas been designed to ensure that anappropriate level of consideration is given to thetotal water cycle at each stage of the planningsystem requiring adequate investigations tobe undertaken prior to planning decisionsbeing made. It recognises the role that landuse planning has in achieving better watermanagement, and seeks to align requirementswith the different stages of the planningprocess. The development of the frameworkdemonstrates the benefits of collaborationbetween the planning and NRM agencies inachieving integration of NRM considerations inland use planning.Figure 3 - Water Planning Framework as depicted in the State Water Plan25

Directions Paper on the Integration of NRM and Land Use PlanningThe diagram below provides an overviewof the framework and how water planning isconsidered within the hierarchy of the planningsystem.Essentially the framework provides guidancefor developers, planners and decision makersregarding the consideration of water issues inplanning for greenfield and redevelopment areasand is applicable to residential, commercial,industrial and rural residential developments.The framework recognises the hierarchy ofplanning and seeks to ensure an appropriatelevel of consideration of water issues isconsidered at each stage. The frameworkis available from www.wapc.wa.gov.au/Publications/1725.aspx4.6 Department ofAgriculture and FoodWestern AustraliaThe Department for Agriculture and FoodWestern Australia (DAFWA) according to itsStrategic Plan 2003-2013, seeks to acceleratethe success of the agriculture, food and fibreindustries through information, science andinnovation, responsible management of theresource base, policy and regulation acrossall elements of the supply chain. DAFWA isresponsible for the legislative requirementsunder the Soil and Land Conservation Act 1945,Agricultural and Related Resources ProtectionAct 1976, Exotic Diseases of Animals Act 1993and Stock Diseases Act and Regulation 1968.In a land use planning context, State PlanningPolicy 2.5 Agricultural and Rural Land UsePlanning and State Planning Policy 2.1Peel-Harvey Coastal Plain Catchment makespecific reference to DAFWA having a rolein their implementation. For example SPPFigure 4: Better Urban Water Management Framework26

Directions Paper on the Integration of NRM and Land Use Planning2.1 makes specific reference to the role ofDAFWA in providing advice or information tosupport consideration of development andrezoning applications for intensive agricultureand SPP 2.5 recognises that DAFWA has thefollowing responsibilities in assisting with theimplementation of the policy:• Where there is a need to assess anagricultural area for its State or regionalsignificance, DAFWA may initiate aprocess with the relevant governmentagencies, the local government, otherstakeholders and the community toidentify such an area.• When reviewing or preparing a localplanning strategy and town planningscheme, a local government may requestDAFWA to assist in the identification ofthese areas.• Agricultural Priority Management Areasidentified within the SPP will be the subjectof further investigation and refinement byDAFWA, Department of Environment andConservation (DEC), local governmentand stakeholders to identify agriculturalareas of State or regional significance thatwould require appropriate zoning in townplanning schemes.• DAFWA will make available land resourceinformation and agricultural industryrequirements to local government(particularly to small local governmentswhere additional assistance may berequired) to assist with reviewing orpreparing local planning strategies andtown planning schemes and identify areasof local significance and suitability foragriculture production for local planningpurposes.DAFWA’s link with land use planning in the pasthas mostly related to the identification andprotection of areas of agricultural significanceand recommendations relating to land suitabilityfor different agricultural land uses and stockingrates for grazing animals. DAFWA has indicatedthat, based on its resources and expertise, itspreference in providing advice on land capabilityand supporting the identification and protectionof areas of agricultural significance is throughproviding assistance for the development ofState wide policy (e.g. State Planning Policy2.5 Agricultural and Rural Land Use Planning)and regional and local planning strategies.DAFWA rarely provides advice on schemeamendments and does not provide advice onsubdivision or development applications, nordoes it provide expert evidence on agriculturalsignificance in the State Administrative Tribunalfor planning appeals. DAFWA has a centralisedland use planning function, provided through asustainability and agriculture land use planningposition in Perth, which supports the regionaloffices in dealing with land use planning matters.Planning applications should be referred to theregional offices in the first instance.DAFWA’s preference is to provide supportand advice on agricultural matters andmapping of priority agricultural areas throughregional and local planning strategies, ratherthan commenting on scheme amendments,subdivisions and development applications.This is contrary to the DAFWA responsibilitiescommunicated through SPP 2.1 for the Peel-Harvey Coastal Plain Catchment Policy. ThisState policy currently relies on the DAFWA toprovide mapping regarding priority agricultureareas and to comment on some subdivisionand development applications regardingintensive agricultural proposals. This issue isfurther explored in Appendix 7 which providesrecommendations for modifications to StatePlanning and Development Control policies.DAFWA is currently revising the methodologyused to identify areas of agriculturalsignificance. Information and advice foridentifying areas of agricultural significance inthe Central, Northern Agricultural and SouthCoast regions is not as comprehensive aswhat exists for the South West. The DAFWAhas indicated that its land capability datawhich has been captured at a regional scalerequires clear guidance on its use for land useplanning to guard against inappropriate use.27

Directions Paper on the Integration of NRM and Land Use PlanningThere are concerns that regional land capabilityinformation has been used inappropriately ata local level to justify subdivision and rezoningapplications.In light of a number of issues including DAFWA’spreferred involvement in land use planningand the appropriate use of regional scale landcapability information, DPI is currently reviewingSPP 2.5. As part of the review of SPP 2.5 it issuggested that guidance on the use of landcapability assessment to support rural land useplanning through local planning strategies bedeveloped.4.7 Regional NRM groupsAs outlined in Section 3.1 the NRM regionswere formed in response to a shift in theprogram delivery of NRM in Australia to aregional delivery model for the implementationof the National Action Plan for Salinity andWater Quality (NAP) and the second phaseof the Natural Heritage Trust (NHT). Thereare six regional groups in Western Australiaworking with all tiers of government, regionalorganisations, industry, landowners, researchersand environmental community groups. Theregional groups and their constituent localgovernments are listed within Appendix 6.Each of the regional groups has developeda regional strategy and investment plan thataddresses significant NRM issues within theirregions and incorporates the environmental,social, and economic aspects of naturalresource management. These six strategies,which have been accredited by the State andAustralian Governments, cover the whole ofWA. These strategies identify in detail the valueof the natural assets within a region, the extentand degree of threats against those assets, theresource condition targets to be achieved andtheir priorities, and the intervention required toachieve those targets.4.7.1 Review of regional NRMstrategiesThe regional NRM groups have no statutorypowers and have no direct influence over theplanning process, therefore the links betweenthe regional NRM bodies and land use planningis primarily dependant on the role land useplanning has in achieving the targets andactions identified in the regional strategies.A review of the six regional NRM strategieswas undertaken to evaluate the effectivenesswith which they acknowledge, guide, integrateand support the land use planning process inachieving NRM outcomes. Broadly speaking,recognition and understanding of how the landuse planning system can be used to addressNRM was greatest in the South West andPerth (formerly Swan) NRM Regions, which isunderstandable given the significant role landuse planning plays in NRM in these regionsdue to growth pressures. The review identifiedthose actions and targets that had relevance toland use planning and looked at the planningmechanisms that can be used to achieve thetargets. A copy of the full report has beenincluded within Appendix 3.In summary, the review recommended thefollowing;• In order to effectively understand howthe planning system can support theachievement of NRM outcomes, preparea summary of the planning documentsaffecting the region, their status anda brief explanation of how they cancontribute to the resource conditiontargets, management action targets andactions of the NRM strategy.• A review of the strategies should beundertaken to identify those NRM issues,targets and actions relevant to land useplanning and those land use planningmechanisms suitable for resolving theidentified issues, targets and actions.• In consultation with DPI and localgovernment, roles and responsibilities,resources required and feasibility28

Directions Paper on the Integration of NRM and Land Use Planningand achievability of the managementactions should be determined. It maybe appropriate to formalise roles andresponsibilities and allocation of resourcesthrough Memoranda of Understanding orsimilar.• Land use planning related resourcecondition and management actionsshould be reviewed to ensure they areunambiguous and measurable; and• The limits of the land use planning systemin addressing NRM issues, particularly inrelation to broad acre farming or pastoraloperations needs to be recognised.NRM Regional groups have the potential tofurther actions and targets relevant to landuse planning that were identified within theNRM regional strategies, through assistingthe collection of environmental information tosupport planning decisions and assisting themanagement of environmental assets retained orprotected through planning processes.4.8 Coordination ofAgenciesCoordination between NRM agencies andplanning agencies was identified by attendeesat EnviroPlanning’s regional forums as one ofthe key elements required to achieve integrationof NRM into land use planning that could beimproved upon. This required clarification ofroles and responsibilities, the developmentof partnerships between agencies, a wholeof government approach to NRM in land useplanning and improved communication andnetworking between agencies.4.8.1 Roles and responsibilitiesSome confusion exists regarding agency rolesand responsibilities for NRM, especially where itinvolves input into land use planning processes.The planning system recognises the importanceof obtaining feedback from stakeholders onproposals so that the outcome achieves abalance between the objectives of sustainableplanning. This requires agencies to participatein the feedback process in an appropriate way– providing comment on proposals regardingissues which are their responsibility, in a timely,specific and relevant fashion. It is not unusualfor submissions from NRM agencies to belate and not relevant to the planning decisionbeing made. This is further complicatedwhere conflicting advice is received fromother agencies and there are unclear rolesand responsibilities regarding the NRM issuesraised.Effective engagement and involvement of StateNRM agencies in supporting achievement ofNRM outcomes through land use planningwould be assisted by State NRM agencies,local governments and the regional NRMgroups having a clear understanding of therelevant roles and responsibilities of each other.Furthermore through EnviroPlanning’s regionalforums DEC, DOW and DAF communicated apreference for resolving NRM related issuesthrough providing support for strategic planninginitiatives such as preparation of State planningpolicies and regional and local planningstrategies. It is therefore important that roles,responsibilities and expectations associatedwith State NRM agency input and involvement inlocal and regional planning strategies are clearlydefined and understood. Once clear roles andresponsibilities are identified and documented itwould be appropriate for these to be endorsedat a senior management level, perhaps throughCONRACE. Following endorsement of roles andresponsibilities, key contacts for each agencyshould be identified and communicated torelevant stakeholders.4.8.2 PartnershipsThe development of partnership projectsprovides an opportunity for NRM regionalgroups to more efficiently and effectively engageand support State (particularly DPI) and localgovernments to address NRM land use planningissues. Whilst there are a some very goodexamples of partnership projects that assistthe achievement of NRM outcomes through29

Directions Paper on the Integration of NRM and Land Use Planningland use planning in peri urban areas (e.g.Geraldton and Albany regional native vegetationsurvey projects, EnviroPlanning South West),resources and effort of State agencies thatcould be directed to developing similar projectsare often tied up in providing representationon the committees of regional NRM groups.It is through these committees of the regionalNRM groups that decisions are made aboutwhich projects to fund, therefore representationon them can be advantageous, but oftenthese committees deal with matters that areinconsequential to achieving NRM outcomesthrough land use planning. Notwithstandingthis, land use planning is a very importanttool in achieving NRM outcomes in peri urbanand urban areas and therefore more effectiveand efficient engagement of DPI and localgovernments is required.4.8.3 Whole of government approach toregional planningWhilst there are a number of regional andsubregional planning strategies that have beenprepared with the involvement of relevant StateNRM agencies there is often no commitmentor budget allocated to the implementation ofthe strategy. It was suggested through theregional forums delivered by EnviroPlanningthat a whole of government approach not onlyto the development of regional strategies, butalso to the implementation of the strategies wasrequired. A regional planning synopsis recentlycommissioned by the DPI also recognised theimportance of a whole of government approachto regional planning.4.8.4 Communication and NetworkingApart from the Government Officers TechnicalAdvisory Group (GOTAG) operating in theSouth Coast region, the Integrated Land andWater Planning Group within the MetropolitanRegion, and the Planning Land Use ManagersGroup within the south east Avon, thereare currently very few formal or informalnetworking opportunities for NRM and planningprofessionals within State and local government.It was suggested by a number of participantsat the peri urban workshop and regionalforums delivered by EnviroPlanning, that similarworkshops and forums be held in the future on aregular basis..Recommended actions:• Prepare an agreement through theCouncil of Natural Resource AgencyChief Executives (CONRACE) thatdefines the roles and responsibilities ofSTATE NRM agencies at different stagesof the planning process (eg strategies,schemes, amendments, subdivisions).• Prepare a list of key agency contacts tocorrespond with the relevant roles andresponsibilities for NRM through landuse planning• Facilitate forums with State NRMagencies, local governments andregional NRM groups on the integrationof NRM into land use planning.30

Directions Paper on the Integration of NRM and Land Use Planning5 IntegratingNRM andlanduse planning5.1 State planningframework5.1.1 IntroductionThe State planning framework is set out in StatePlanning Policy No 1 (Variation No 2) (2006).It informs the WAPC, local government andothers involved in the planning process on thoseaspects of State level planning policy that areto be taken into account, and given effect to,in order to ensure integrated decision-makingacross all spheres of planning.The State planning framework unites the StatePlanning Strategy, State Planning Policies,regional strategies, regional and sub-regionalstructure plans, strategic policies andoperational policies within a central framework toprovide a context for land use planning decisionmaking in WA.A review of the State planning framework wasundertaken by EnviroPlanning to ascertainhow it currently supports the consideration andNRM issue Strategies Schemes StructurePlansLanddegradationLand useconflictsWaterresourcesBiodiversityCoastalOther31integration of NRM assets and issues into thelanduse planning process. The State planningframework contains policy guidance for rangeof NRM issues including land degradation, landuse conflicts, water resources, biodiversity,coastal and other NRM related matters suchas climate change, air quality and energyconservation. The effectiveness of the policyguidance provided for different NRM matters ishowever variable and in most cases requiresrefinement or further guidance to support itsinterpretation and application at the differentstages of the planning process. The table belowshows that generally current guidance on NRMissues is more relevant to strategic planningthan it is to statutory planning. Despite thisthere are number of shortfalls within the existingplanning framework that need to be addressedto facilitate improved integration of NRM intolanduse planning.This section provides an overview of some of thekey elements of the State Planning Frameworkthat have relevance to NRM.Subdivision DevelopmentTable 3 : Level of guidance provided by State Planning Frameworkfor addressing NRM issues (green - good, orange - some,red - none or limited)5.1.2 State PlanningStrategyThe State PlanningStrategy (WAPC, 1997)outlines key principleswhich underpin the Stateplanning frameworkto guide planning forsustainable land useand development.Five key principlesare identified in theareas of environment,community, economy,infrastructure andregional development.The environmentalprinciple in the State

Directions Paper on the Integration of NRM and Land Use PlanningPlanning Strategy (1997) is:To protect and enhance the key natural andcultural assets of the State and deliverto all West Australians a high quality oflife which is based on environmentallysustainable principles.The State Planning Strategy contains a numberof strategies aimed at securing a high qualityenvironment. The strategies listed below providebroad enough scope to allow for developmentof more detailed direction on NRM through theremainder of the SPF:• Increasingly use energy sources whichhave minimal impact on the environment;• Prevent further loss in biodiversity;• Ensure that air quality is protected;• Ensure that water resources areconserved and their quality protected;• Ensure that land and soil is safeguardedand that degradation does not occur;• Reduce consumption of materials andpromote recycling;• Promote planning, management andprotection of resources;• Protect landscape, open space andpublic access;• Enhance the quality of life for all WesternAustralians; and• Protect the State’s cultural heritage.DPI is currently undertaking a review of the StatePlanning Strategy as it is more than 10 years old.The review provides an opportunity for the StatePlanning Strategy to better address number ofcontemporary environmental planning issues,such as sustainability and climate change.5.1.3 State planning policyState Planning Policies (SPP) are preparedunder Part 3 of the Planning and DevelopmentAct 2005, and are directed towards broadgeneral planning matters and facilitating thecoordination of planning throughout the Stateby local governments. SPP’s can be made forany matter which may be the subject of a localplanning scheme, and can be prepared toapply to either the whole State or for a specifiedportion of the State. Local Government musthave due regard to the State Planning Policieswhen preparing or amending local planningschemes and making decisions on planningmatters.State Planning Policy No. 1 is the overarchingSPP that brings together State and regionalpolicies and plans into a State PlanningFramework. SPP No. 1 outlines the keyprinciples for sustainable land use anddevelopment including principles relating to theenvironment, community, economy, infrastructureand regional development.Under this policy are sector policies dealingwith the key principles of the framework(numbered SPP2-6), which includes SPP No.2 – Environment and Natural Resources Policy.Supplementary policies are numbered assubsets of the sector policies.The Environment and Natural Resources SPPdefines the “principles and considerationsthat represent good and responsible planningin terms of environment and natural resourceissues”. It has three primary objectives whichare;- To integrate environment and naturalresource management with broader landuse planning and decision making;- To protect, conserve and enhance thenatural environment; and- To promote and assist in the wise andsustainable use and management ofnatural resources.SPP No. 2 therefore, further establishesenvironmental considerations as validplanning considerations. The supplementaryenvironmental polices cover a range of issuesincluding water resources, biodiversity, andprotection of agricultural land (as well as soiland land quality), with many of these policiesrequiring implementation through the local32

Directions Paper on the Integration of NRM and Land Use Planningplanning strategy and scheme. These policyprovisions are required to be consideredin conjunction with other issues such asurban growth and settlement, economy andemployment, transport and infrastructure andregional development.EnviroPlanning, in a review of the State PlanningFramework, examined the suite of SPP’s, theresults of which are included within AppendixNo. 7. Each SPP was examined with respectto its relevance to NRM and recommendationsfor enhancing their capacity to address NRMissues. The comments and recommendationswithin Appendix 7 will be used by DPI andthe WAPC to better address NRM as theyprogressively review and update existingpolicies.5.1.4 Regional and sub-regionalplanning strategiesRegional and sub-regional planning strategiesare prepared to guide and coordinategovernment land use and infrastructure planningfor those matters (for example protection ofnatural resources, provision of regional openspace and transport infrastructure) that canoften only be planned for across areas greaterthan that of one local government. Regional andsub-regional planning strategies are intendedto interpret the State Planning Strategy at theregional level and provide further directionfor local government to plan at the local level.Further discussion on regional planning isprovided in section 5.2.5.1.5 Development control policiesDevelopment control (DC) policies are theWAPC’s operational policies for dealing withthe subdivision and development of land. It isimportant to note that the DC policies highlightthe importance of ensuring the subdivision ofland is properly planned for and addressedthrough local planning strategies and schemes,if it is not then subdivision is generally notsupported. There are numerous DC policiesthat provide some guidance on addressingNRM through land use planning, these DCpolicies are listed in Appendix 7 along withcomments relating to their relevance to NRMand recommendations for enhancing theircapacity to address NRM issues. The commentsand recommendations within Appendix 7 willbe used by DPI to better address NRM asthey progressively review and update existingpolicies.5.1.6 Shortfalls of the existing stateplanning frameworkThere are a number of shortfalls that exist withinthe current SPF that need to be addressed tofacilitate improved integration of NRM into landuse planning, these include:• Metro-centric nature of existing policies• absence of integrated framework forsustainable decision making• extent of guidance provided for theapplication and implementation of policywithin the framework at the differentstages of the land use planning process;• currency of it in relation to contemporaryNRM and planning principles at a global,national, state and regional levels; and• complexity of the framework.5.1.6.1 Metro-centric nature of existingpoliciesAt regional forums facilitated by EnviroPlanningthroughout the State, various stakeholders(including local and State government plannersand NRM professionals) have expressedconcern that the State Planning Frameworktends to focus on planning issues in and aroundthe Perth Metropolitan Region and provideslittle direction on planning outside of the PerthMetropolitan Region. Settlement planning, alongwith the NRM issues of native vegetation andbasic raw materials were identified as planningissues requiring greater guidance outside of thePerth Metropolitan Region.Currently specific SPPs exist for the PerthMetropolitan Region for basic raw materials (SPP2.4 Basic Raw Materials) and native vegetation33

Directions Paper on the Integration of NRM and Land Use Planning(SPP 2.8 Draft Bushland Policy for the PerthMetropolitan Region), but not for other areas ofthe State. State wide SPPs for native vegetationand basic raw materials are a priority from aNRM perspective especially in peri urban areaswhere there is demand for basic raw materialsand pressure to subdivide and develop landcontaining native vegetation given its proximityto urban centres. DPI is currently reviewingSPP 2.4 Basic Raw Materials to extend it statewide and is preparing a strategy for basic rawmaterials to determine the adequacy of currentand future supplies of basic raw materials toservice demand within the south west of WA.In addition to extending some metropolitanfocused policies State wide there is alsopotential benefit in including region specificpolicy measures or the flexibility to accountfor regional differences. For example in thewater resources SPP specific advice could beprovided to guide land use planning in certainwater catchments (for example Peel-Harvey).Guidance on settlement planning outside ofthe Perth Metropolitan Region at a State andregional level is mainly provided through StatePlanning Policy 3 Urban Growth and Settlementand regional planning strategies and at alocal level through Local government’s localplanning strategies. SPP3 was developed toestablish principles and considerations to assistplanning for urban growth and settlement, butcurrently fails to establish a settlement hierarchy.Establishment of a settlement hierarchy is animportant element of planning for and managinggrowth to minimise adverse impacts on naturalresources. The issue of settlement planning,particularly in relation to rural residentialdevelopment is considered further in the PeriUrban Planning chapter (see Chapter 7).5.1.6.2 Integrated framework for sustainabledecision makingThe State Planning Framework provides littledirection for resolving conflicts or tradeoffsbetween different policies, as there is atendency for policies within the State PlanningFramework to deal with individual issues (e.g.bushland, basic raw materials, coastal etc)and to be implemented independent of otherpolicies. Reconciling conflicts and tradeoffsis particularly important in achieving NRMoutcomes through land use planning, especiallyin peri urban areas where there is a diversityof land uses and environmental assets. TheState Planning framework would benefit froman overarching sustainability framework toreconcile conflicts and tradeoffs and identifywhich policies take precedence over otherpolicies. As it is the intended purpose of StatePlanning Policy 1 State Planning FrameworkPolicy to unite existing state and regionalpolices, strategies and guidelines within acentral framework that provides a context fordecision making on landuse and development,it is recommended that this policy be updatedto introduce the concept of sustainability as ameans of achieving a balance between the keyconsiderations, tradeoffs and contradictionsbetween different policies.5.1.6.3 Guidance on implementation atdifferent stages of the planningprocessCurrently the capacity of the state planningframework to provide guidance on addressingNRM issues at the different stages of theplanning process is varied. SPPs are currentlya mixture of high level principles andoperational guidance, which often makes theirimplementation difficult not only from an NRMperspective but for land use planning in general.Guidance on the implementation of SPPs at thedifferent stages of the planning process wouldassist ease of implementation. It is important thatwhere guidance is prepared it is given head ofpower through reference in the relevant SPP andit is prepared concurrent with development ofthe policy or the review and update of the policy.SPPs that have specific relevance to NRM thatwould benefit from further guidance to supporttheir implementation include the following:• SPP 2.4 Basic Raw Materials• SPP 2.5 Agricultural and Rural Land UsePlanning• SPP 2.9 Water Resources34

Directions Paper on the Integration of NRM and Land Use Planning5.1.6.4 Currency of the frameworkReview and update of policies within the StatePlanning Framework is opportunistic rather thanregular and tends to be responsive to individualplanning issues. Many of the policies in theState Planning Framework are over 10 years oldand contain references to policy and agencieswhich have been superseded. The referencesto outdated policy in the majority of documentsmakes them hard to apply and often results inconflicts. Significant NRM issues that are notadequately addressed through the current StatePlanning Framework include climate change,land capability, native vegetation and basic rawmaterials. Opportunities to better address nativevegetation and basic raw materials throughthe State Planning Framework are provided inprevious sections.Given the significance of the climate changeissue it is suggested that an audit of the StatePlanning Framework be undertaken to identifyhow climate change mitigation and adaptationmeasures are currently addressed, with aview to consolidating and addressing gapsthrough integration of additional climate changemitigation and adaptation measures into existingpolicies.Currently there are a number of policies withinthe existing State Planning Framework includingSPP 2.2 Gnangara groundwater protection,SPP 2.3 Jandakot groundwater protection,SPP 2.5 agricultural and rural land use andSPP 6.1 Leeuwin-Naturaliste Ridge that referto the need to have “regard to the capabilityof land to accommodate different land usesand developments”. Any requirements forland capability assessment, especially whereit relates to the protection of agricultural landshould be reviewed to reflect the capacity ofexisting information and expertise within Stateand local government to effectively apply landcapability assessment to land use planningdecisions.5.1.6.5 Complexity of the frameworkThe number and complexity of issues coveredby the State planning framework throughnumerous state Planning Policies, developmentcontrol policies and planning bulletins meansthat it is difficult to retain an understandingof how the issues should be addressed andwhich policies should be used to aid decisionsat the various stages of the planning process.Given the complexity of the framework thereis a tendency for planners to make decisionsbased on experience and knowledge rather thanspecific reference to policy, consequently in a lotof instances, policy is only applied or used whena decision has been challenged by an appeal.Contributing to the complexity of the frameworkis the often overlapping role of SPPs, DCpolicies and planning bulletins. SPPs arecurrently a mixture of high level principles andoperational guidance, which creates confusionas DC policies are meant to provide operationalguidance for subdivision and development.Furthermore whilst it is the intent of PlanningBulletins to canvass proposed policy changesor highlight information about Western AustralianPlanning Commission and Department forPlanning and Infrastructure practices on avariety of planning matters, there are a numberof bulletins that could be considered policyin their own right (e.g. Planning for Tourism,Acid Sulphate Soils, Farm Forestry Policy) andtherefore consideration should be given to theintegration of those planning bulletins into SPPsor DC policies.There are a number of policies that address thesame NRM issue but for different geographicareas. Essentially the policy guidance providedwithin such policies is the same and thereforethere is potential to consolidate policy advicefor such issues under one policy. For examplea number of policies exist for the protection ofwater resources across the State, particularly inrelation to public drinking water source areas,including SPPs 2.2, 2.3, 2.7 and 2.9 and DCpolicy 6.3. There is potential to consolidate allthese policies under the Water Resources SPP2.9 and where required make mention of location35

Directions Paper on the Integration of NRM and Land Use Planningspecific policy measures such as those for theJandakot and Gnangara groundwater protectionareas.There is also potential to reduce the complexityof the State Planning Framework throughintegrating NRM issues into existing SPPs.Salinity and acid sulfate soils are two suchissues where there is potential to better addressthese issues and reduce complexity of the StatePlanning Framework through expanding thescope of SPP 3.4 Natural Hazards and Disastersto consider salinity and acid sulfate soil issues.As with natural hazards that are already includedin SPP 3.4 (e.g. flooding) the most effectivestrategy for reducing the long-term impactsof salinity and acid sulfate soil is to integratemitigation activities into the process of landuse planning. SPP 3.4 provides an appropriateopportunity to do that.Recommended actions:• Consider comments andrecommendations of EnviroPlanning’sReview of the State Planning Frameworkwhen undertaking review and update ofState Planning Strategy, State planningpolicies and Development Controlpolicies.• Develop a State-wide State planningpolicy for native vegetation.• Audit and update the State PlanningFramework to incorporate climatechange mitigation and adaptationmeasures.• Prepare guidelines to supportimplementation of SPP 1, 2.4, 2.5, 2.9, 3and new SPPs such as the proposedSPP for native vegetation.5.2 Regional planning5.2.1 IntroductionRegional land use planning tools in WA includeboth strategic (regional and sub regionalplanning strategies and structure plans) andstatutory (regional planning schemes) planningtools. Regional planning provides an opportunityto provide guidance for the implementation ofstate policies and priorities at the local level.Additionally information to support considerationof NRM at the local level is often best collectedand considered within a regional context.Regional and sub-regional planning strategiesare prepared by the WAPC to guide andcoordinate government land use andinfrastructure planning for those matters whichcan often only be planned for across areasgreater than that of one local government(for example protection of natural resources,provision of regional open space and transportinfrastructure). It is intended that regional andsub-regional planning strategies assist localgovernment in preparing and implementinglocal planning strategies, schemes and otherlocal planning and development matters throughproviding interpretation of the State PlanningStrategy within a regional context. A recentexample of a regional planning strategy is theSouth West Planning Framework, which seeksto present an agreed government position onthe broad future planning direction for the SouthWest.Regional and sub regional structure plans arestrategic plans that provide a broad frameworkfor planning at the regional or sub-regionallevels to address planning issues including limitsto growth in urban areas, population trends,employment areas, major commercial centres,transport links, infrastructure and servicingrequirements, environmental protection andregional open space. SPP 1 lists the regionaland sub regional planning strategies andstructure plans that have been prepared by theWAPC.36

Directions Paper on the Integration of NRM and Land Use PlanningThe Planning and Development Act 2005provides for the preparation of region planningschemes to deal with matters of State or regionalimportance. Regional planning schemes outlineobjectives for state and regional developmentand provide a statutory mechanism to assiststrategic planning, coordinate the provisionof major infrastructure and set aside areas forregional open space and other communitypurposes. The content of a region planningscheme normally includes broad land use zonesor policy areas and land identified for regionalpurposes. A region planning scheme usuallycovers more than one local government area.Currently regional planning schemes exist forthe Perth Metropolitan Region, the Peel Regionand the Greater Bunbury Region. Part 9 of thePlanning and Development Act 2005 requiresthat local planning schemes are consistent withregional planning schemes.5.2.2 Relevance to NRMLand use planning at a regional scale canassist achievement of NRM outcomes at thelocal level through providing a regional contextfor identifying key environmental assets anddetermining the location of development.Planning and management of natural assetssuch as rivers and biodiversity is often bestdone at a scale that reflects their natural extentand area of influence, for example a catchmentor bioregion. Regional planning provides ansignificant opportunity to consider the naturalextent and significance of environmental assetsacross a number of local governments andprovide direction for recognising and protectingthose assets through local level planning.Planning and management of coastal areasis often also done at a regional or subregionalscale to inform local level planning and decisionmaking. Regional coastal planning strategiesare particularly effective in those areas where aregional scheme does not exist as it provides aregional framework for resolving issues relatingto coastal access, recreation and tourism at thelocal level.As recognised in Chapter 4 there are a numberof State agencies responsible for the planningand management of natural resources.Regional land use planning through strategiesand structure plans can assist in facilitatingcoordination between the different agenciesresponsible for the planning and managementof natural resources. Additionally the StatePlanning Strategy states that regional planningstrategies need to give an emphasis to themanagement of natural resources such as primeagricultural land, fisheries, water catchmentsand forests. Most of the current regional andsub-regional planning strategies tend tohave a section on the environment or naturalresources that includes principles, issues,strategies and actions. Environment and naturalresource matters are often also acknowledgedin relation to content contained in regional andsub-regional strategies on issues relating toagriculture, landscape, tourism and settlementplanning.The extent to which regional planning strategiesand structure plans can consider NRM mattersis largely dependent on available informationand the commitment of the relevant Stateagencies to supporting their development andimplementation.Whilst NRM information needs to be collectedand considered within a regional context,the most effective and practical use of NRMinformation is often through local planningstrategies. Local planning strategies aregenerally prepared by individual localgovernments, but their development canbe assisted by a regional approach to theidentification and collection of information onNRM assets, development pressures and NRMland use planning issues. A regional approachto identifying and collecting information tosupport local planning strategies requires acooperative approach between the relevantState agencies and local governments.In addition to the ability to utilise regionalplanning to identify information needs and NRMpriorities to provide guidance at the local level,there are opportunities to consider NRM matters37

Directions Paper on the Integration of NRM and Land Use Planningthrough the preparation and amendment ofRegional Planning Schemes including the:• Requirement to refer newly preparedschemes or amendments to the EPA forconsideration for formal assessment• Reservation of lands for public purposesoften provides opportunities to acquireland containing regionally significantbushland or wetlands, although funds todo this in the Peel and Bunbury regionsare limited relative to the Perth region.• Special control areas to identify andprotect surface and groundwatercatchments• Environmental conditions for the regionscheme determined by Minister for theEnvironment may be incorporated intothe region scheme in a schedule ofenvironmental conditions.It is important to note that when land is zonedurban through a region scheme the opportunityto achieve NRM outcomes such as protectionof environmental assets (e.g. bushland andwetlands) is highly constrained and oftendependent on the level of assessment andadvice provided by the EPA. Land zoned urbandeferred, which is land identified for future urbanuses following the extension of urban services,the progressive development of adjacent urbanareas, and resolution of any environmental andplanning requirements relating to development,is often also highly constrained in terms of theNRM outcomes that can be achieved.The use of urban deferred zoning incircumstances where environmental issues stillneed to be resolved is considered inappropriateas it creates the expectation that the land willeventually be fully developed for urban uses.To guard against unrealistic developmentexpectations it is considered more appropriatethat for land where environmental issues havenot been resolved, the land should remain ruralzoned, rather than be zoned urban deferred.From an NRM perspective it is preferred thaturban deferment only be used to facilitate landassembly and stage future urban developmentonce environmental issues have been resolved.5.2.3 Current level of guidanceOwing to varying levels of planning capacity andexpertise, differing State agency administrativeboundaries and the diversity of environmental,social, cultural, economic issues and sizedifferences associated with regional andsub-regional areas in WA, standard modelsof regional planning strategies have beenconsidered irrelevant or ineffective (WAPC,1995). Generally development of regional andsub-regional planning strategies is guidedby the broad principles of the State PlanningStrategy.At the regional forums facilitated byEnviroPlanning throughout the State, localgovernment planners expressed concernsabout the inability of some regional planningstrategies to provide adequate guidance anddirection to local governments on planningto address issues such as managing urbangrowth, facilitating appropriate rural residentialdevelopment, identifying priority agriculturalland and significant environmental assets. Itwas acknowledged that a lack of region specificguidance through State Planning Policiescontributed to the ineffectiveness of regionalplanning strategies. A copy of the regionalforums summary report has been includedwithin Appendix 2.5.2.4 Agency rolesCollection of asset based NRM information (e.g.native vegetation, water, priority agriculturalland etc) by State NRM agencies at a regionalscale is vital for ensuring that both regional andlocal planning processes adequately considerNRM matters. This requires an integrated andcoordinated approach to NRM by the StateNRM agencies to ensure that this informationis available. This can be difficult to achievedue to the differing resource managementmissions and objectives of each of the agencies,along with the different regional administrativeboundaries that each agency operates under. Itis therefore important from a land use planningperspective that DPI effectively communicatesto the key NRM agencies where there in an38

Directions Paper on the Integration of NRM and Land Use Planningimmediate and likely future demand for regionalNRM information to support strategic planningat a regional and local levels. The recentstructural review and realignment of DPI’s Stateand Regional Policy Division to form threeplanning directorates for the southern, centraland northern planning regions provides anopportunity for DPI to provide direction to keyNRM agencies on where information is requiredto support strategic planning at regional andlocal levels.Commitment and support of State NRMagencies for the preparation and implementationof regional planning strategies is vital inensuring NRM is adequately consideredthrough the direction provided by regionalstrategies for matters such as managing urbangrowth, facilitating appropriate rural residentialdevelopment, identifying priority agricultural landand significant environmental assets.There are a number of regional planningstrategies throughout the State and whilst someof these identify strategies or actions to addressgaps in regional NRM information, there is oftenno commitment from the relevant State agencyto the funding of the action. Consequently thereis a tendency for collection of NRM informationidentified in regional planning strategies tobe opportunistic and dependent on fundingsourced external to State agencies. For examplethe Geraldton Regional Flora and Vegetationsurvey was initiated through funding sourcedthrough the EnviroPlanning project to address aninformation gap identified by comments madeby the EPA on the Geraldton Region Plan.The EPA has a potential role in encouragingthe consideration of environmental mattersat a regional scale by facilitating a regionalapproach to undertaking informal strategicassessments under Section 16 (e) of theEnvironmental Protection Act 1986. Forexample the EPA recently began a strategicassessment of environmental opportunitiesand constraints for the coastal strip betweenDawesville Cut and Binningup in recognitionof the important environmental values andincreasing expectations for developmentof the coastal strip. It is anticipated that thestrategic environmental assessment will assistdevelopment of a joint EPA and WAPC positionon the potential opportunities and constraintsto development of the coastal strip betweenDawesville Cut and Binningup. Whilst resourcesfor this type of assessment are limited, similarregional strategic assessments for areas havinghigh development expectations and importantenvironmental values should be considered.In addition, region planning schemes andtheir amendments are referred by the WAPCto the EPA under section 48 of the EP Act1986. Currently all region schemes andamendments are required to be referred to theEPA regardless of the level of potential impacton the environment the amendment may have.The underlying reasoning behind requiringthe referral of schemes and amendments, isto ensure the suitability of particular land forproposed uses prior to rezoning, so that it isnot necessary for all subsequent developmentand subdivision applications to be subject toenvironmental assessment.5.2.5 A new way forward for regionalNRM planningStrategic planning at a regional scale providesthe most appropriate scale for considering thenatural extent and significance of environmentalassets and for ensuring that they are recognisedand protected through strategic and statutoryplanning at the local level. Consideration ofNRM through regional planning can be furtherenhanced by improved coordination of StateNRM agency, local government and NRMregional group involvement in identification ofNRM land use planning priorities (areas wherethere is high development pressure and highenvironmental values), and collection andinterpretation of environmental information tosupport preparation of local planning strategiesand sub-regional structure plans. Facilitationof workshops for each of the WAPC planningregions has potential to be an effectiveway of involving State NRM agencies, localgovernments and regional NRM groups in the39

Directions Paper on the Integration of NRM and Land Use Planningidentification of priority NRM issues and areas tobe considered in development of local planningstrategies.Recommended action:• Facilitate workshops for each of thePlanning regions (involving State NRMagencies, local governments andregional NRM groups) to identify priorityNRM issues and areas to be consideredin land use planning.• Develop and support delivery of projectswhich seek to address informationand policy gaps identified throughEPA/WAPC priorities for integratedenvironmental planning.5.3 Local planningstrategies and schemesLocal Planning Strategies present one ofthe greatest opportunities for improving theintegration of NRM into land use planning anddecision making. The local planning strategy isa strategic document that;• Sets out the long-term planning directionsfor the local government over a 10-15 yeartime frame;• Provides a mechanism for applying Stateand regional planning policies at the locallevel;• Provides the rationale for proposed zonesand other provisions of the scheme.In 1999, amendments to the Town Planning andDevelopment Regulations 1967 introduced therequirement for all councils in Western Australiato prepare a Local Planning Strategy whensubstantially reviewing or preparing a new LocalPlanning Scheme. A Local Planning Strategyis a valuable strategic planning tool that canguide decisions on development, subdivisionand rezoning which promote sustainabledevelopment, by considering the social,economic and environmental needs of the localgovernment area in a wider regional context. Itplaces particular emphasis on appropriate useand development of land, and minimisation ofpotential land use conflict. Determinations underthe subsequent scheme must also be consistentwith the Local Planning Strategy.Local Planning Strategies are prepared by theLocal Government, or consultants acting on theirbehalf, and are granted final endorsement bythe Western Australian Planning Commission.Procedures for the advertisement and adoptionof local planning strategies are outlined withinthe Town Planning Regulations 1967 (asamended) available at www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_2133_homepage.html.The local planning scheme is the statutoryimplementation arm to the local planningstrategy and is used to control land use anddevelopment within a locality. Under thePlanning and Development Act 2005, localgovernments are responsible for the preparationand implementation of local planning schemes.Local Planning Schemes are a statutoryplanning tool that classify areas for land use andinclude provisions to coordinate development ina locality. Put simply, a local planning schemeconsists of scheme maps and associated text,with the maps identifying reserves and zonesthat apply to land use, and the text providingdetailed provisions which apply to developmentof the land.The process for preparing and amending alocal planning scheme is set out in the Planningand Development Act 2005. The processincludes a formal assessment by the EPAunder s48 of the Environmental Protection Act1986, public consultation, consideration by theWAPC, approval by the Minister for Planning,and gazettal in the government gazette. A flowchart of the process has been included withinAppendix 8.Under the Act, Local Governments are requiredto review their local planning schemes every5 years, however this doesn’t always occur inpractice with many town planning schemes40

Directions Paper on the Integration of NRM and Land Use Planningbeing over 20 years old. In the meantime, alocal government can amend their schemethrough either a textual amendment or a changein the zoning of land subject to the proposalbeing consistent with the direction provided forwithin the local planning strategy. This processinvolves an initiation of a scheme amendment bythe local government, assessment by the EPAunder s48 of the EP Act 1986, a 42 day publicadvertising period, and approval by the Ministerfor Planning and Infrastructure. The processinvolved with amending a scheme is describedin the WAPC publication ‘An introduction to theWA planning system’.Together, the local planning strategy and thelocal planning scheme provide the means forcontrolling land use and development at thelocal level.5.3.1 Current Level of GuidanceCurrently the WAPC provides formal guidanceon the development and preparation of localplanning strategies and schemes through thePlanning Schemes Manual as well as through it’ssuite of State Planning Policies.The EPA also provides guidance on how toaddress environmental issues in broad scaleplanning (which includes local planningstrategies and schemes) through its GuidanceStatement No. 33. A summary of the guidanceprovided by the EPA is given below.In addition to the formal publications providingassistance to local governments in thepreparation of local planning schemes andstrategies, officers within DPI, responsible for theassessment of strategies and schemes, provideongoing support to local governments. Thisincludes advice on the process of preparing alocal planning strategy, consultation methods,implications of state and regional policy, andidentification of key issues relevant to the localgovernment area.Planning Schemes ManualThe Planning Schemes Manual produced by theWAPC, provides guidance for local governmentson the preparation of local planning strategiesand schemes. It incorporates the Model SchemeText as prescribed by the Town PlanningAmendment Regulations 1999, explanatoryguidelines on the Model Scheme Text, guidanceon the format of local planning strategies and auser’s guide to local planning schemes.The Model Scheme Text was developed in orderto promote greater consistency in the basic legaland administrative provisions of local planningschemes across Local Governments whilstallowing flexibility in the strategic and planningcontent of schemes. Local Governments arerequired to follow the structure provided withinthe Model Scheme Text when preparing anew scheme. The guidelines associated withthe model scheme text provide explanatoryinformation on how the scheme can be used toaddress the particular requirements of differentlocal governments.Currently, standard provisions relating to NRMmatters are limited to the consideration ofenvironmental conditions as set by the EPAfollowing an assessment of a scheme or schemeamendment, definitions, and informationrequirements for planning approvals. Thisincludes vegetation plans and any specialistenvironmental studies that may be required bythe local government to consider an application.As mentioned above, the Model Scheme Textwas designed to standardise basic legal andadministrative provisions whilst allowing flexibilityin local planning schemes. The lack of NRMrelated standard provisions within the ModelScheme Text does not preclude local planningschemes from addressing NRM, rather itprovides the flexibility for each local governmentto tailor the scheme to their situation, allowing forthe regional differences across the State.There may be opportunity for NRM relatedprovisions that are likely to be consistent acrossthe State to be included within the ModelScheme Text, such as provisions relating to41

Directions Paper on the Integration of NRM and Land Use Planningrequirements for Water Sensitive Urban Design,however caution should be exercised in thisapproach to ensure the Model Scheme Textdoes not become too prescriptive to allowfor regional variations and changes in bestmanagement practices.The Planning Schemes Manual also providesguidance on the role and format of localplanning strategies. Section 2.2 of the ModelScheme Text Guidelines component of thePlanning Schemes Manual provides anexplanation of the changes to regulations withrespect to the requirement to prepare a LocalPlanning Strategy. This includes the purposeof a local planning strategy as well as theprocedures for advertising and endorsementof local planning strategies as set out in theregulations. This section of the PlanningSchemes Manual is simply a statement of whatthe regulations require.More specific guidance is provided within the‘Guidance on the Format of Local PlanningStrategies’ component of the manual, whichwas developed and released in July 2000.The Guidance describes the elements tobe incorporated into a strategy, provides asuggested format for local planning strategiesdesigned to satisfy the guidelines for themodel scheme text, and includes references toinformation that may be of relevance to LocalGovernments preparing a strategy.Two different formats are provided, one forMetropolitan Local Governments and CountryUrban Centres, and one for Country RuralLocal Governments. The manual does notrequire Local Governments to follow theprovided format, however it suggests that localgovernments will need to adopt a local planningstrategy that most suits its area and local issues.Little process information is provided withinthe manual on how to prepare a local planningstrategy beyond the procedures for advertisingand endorsement as set out in the regulations.This process information is currently providedinformally by DPI officers responsible for theassessment of local planning strategies.In respect to addressing NRM matters withina local planning strategy, some guidance isprovided on the types of issues that should beconsidered within the ‘profile and key issues’section. These issues vary between the twosuggested formats to reflect the varying issuesbetween a predominantly urban environmentversus a predominantly rural environment. Inkeeping with the remainder of the document,the guidance provided is brief and does notprovide direction on how these matters shouldbe integrated into the overall direction and visionof the Local Government. Appendix 1 and 2provide source information for materials requiredin the preparation of a local planning strategy.Currently no information sources are listed forNRM related matters.A review of the guidelines to include processinformation on how environmental, socialand economic considerations are integratedto provide a sustainable framework for thefuture growth and development of the Shirewould greatly improve the usefulness of theguidelines. A review of the current level ofguidance provided to local government on therequirements of a local planning strategy andthe process of preparing a strategy is essentialto ensuring a more consistent product isdeveloped.Clear guidance on the role of natural resourcemanagement within planning along with adviceon how to integrate NRM into the developmentof a local planning strategy, would be a usefuladdition to the guidelines. A draft set ofguidelines for the integration of NRM into localplanning strategies has been prepared andincluded within Appendix 9.The Western Australian Planning Commissionis currently in the process of reviewing thePlanning Schemes Manual which will involveboth a review of the Model Scheme Text anda review of the guidance provided. This wouldbe an opportune time to improve the level ofguidance provided on the integration of NRMmatters into local planning strategies.42

Directions Paper on the Integration of NRM and Land Use PlanningIn addition to the preparation of more detailedguidance on the preparation of local planningstrategies, an education and awarenesscampaign on the role and significance of localplanning strategies is recommended. Thisshould apply to local governments, governmentagencies and consultants undertaking thepreparation of local planning strategies onbehalf of local governments and include acomponent on how NRM matters are consideredin the strategy preparation.State planning policiesWithin the State Planning Framework, StatePlanning Policies arguably provide the greatestdirection on matters that should be consideredand addressed within Local Planning Strategiesand Schemes. Local Planning Strategies providethe opportunity to interpret these State policiesin the local context and incorporate strategiesand actions designed to implement thesepolicies at the local level. Strategies and actionsoutlined in the local planning strategy can thenbe translated into statutory provisions under thelocal planning scheme.As discussed in Section 5.1.3 above, LocalGovernment, through the regional forums heldacross the State, expressed some criticism ofthe state policy framework, as it was considereddifficult to apply the broad principles andobjectives of many of the policies to thelocal level. The policies were said to provideinsufficient guidance for their implementationparticularly in regard to regional variations.In addition, due to the large number of stateplanning policies, the duplication of issueswithin the policies, and the complexity of theframework resulted in difficulty in balancingcompeting needs (eg environmental, economicand social needs).The current ‘Guidance for the preparationof Local Planning Strategies’ does not crossreference State Planning Policies in respectto issues required to be addressed by LocalPlanning Strategies, however this would providea useful ‘one stop shop’ for Local Governmentswhen preparing a local planning strategy.EPA Guidance Statement No. 33Outside of the guidance provide by the WesternAustralian Planning Commission, further adviceon the environmental matters of relevance tobroad scale planning (regional planning, localplanning strategies and schemes) has beenprovided by the Environmental ProtectionAuthority through it’s Guidance Statement No.33 – Environmental Guidance for Planning andDevelopment, May 2008. Section A 1.4.1 of thedocument provides a suggested nine (9) stepframework to ensure environmental issues areappropriately considered at the broad scaleplanning stage.The framework is based around;• identifying all environmental factors,relevant policy and legislation,• identifying environmental objectives,priorities and targets,• considering the impacts of future land usechanges, and• identifying appropriate planningmechanisms to achieve environmentalobjectives.The 9 step framework is supported by theremainder of the guidance document whichprovides detailed issue based guidance.As discussed in Section 3.4.1, EPA GuidanceStatement No. 33 provides a useful repository ofinformation for land use planners, however dueto its comprehensive nature it can be difficult toascertain what the key issues are that need tobe addressed within the local planning strategy.Through early consultation with the DEC,DoW and the EPA, key NRM issues relevantto particular locations can be identified, afterwhich the Guidance Statement can be used todetermine how these issues can be consideredand addressed in the planning process.43

Directions Paper on the Integration of NRM and Land Use PlanningRecommended actions:• Develop Model Scheme Text provisionsto address NRM issues where consistentacross the State.• Incorporate NRM planning advice inthe ‘Guidance for Preparation of LocalPlanning Strategies’ section of thePlanning Schemes Manual.• Facilitate workshops with State NRMagencies, local governments andregional NRM groups on the role of localplanning strategies in NRM.5.3.2 Relevance to NRMLocal planning strategyAs a strategic document, the local planningstrategy has the potential to be an importanttool for implementing NRM priorities, providedplanning policy settings are clearly defined inrelation to proposed land use and developmentto ensure they can deliver the NRM outcomessought. As discussed above, the localplanning strategy provides the justificationand rationale for the local planning scheme,which is the statutory implementation arm of thestrategy. Therefore if NRM considerations areengrained in the local planning strategy, theseconsiderations can be ultimately translated intostatutory considerations, which in turn ensuresNRM matters are considered in the decisionmaking process.The local planning strategy can achieve NRMoutcomes through;1. Directing future development awayfrom environmentally sensitive areas ornatural resources requiring protection.The local planning strategy provides thelong term planning direction for a localgovernment and provides the justificationand rationale for any proposed zoning orprovisions within the scheme. Therefore,if significant NRM issues have beenidentified, one option is to ensure futuredevelopment will not impact on the asset.For example, agricultural resources canbe protected by limiting the expansionof rural residential development to areasadjacent to existing development andaway from priority agricultural areas,thereby minimising land use conflict.Similarly, land largely covered by remnantvegetation or other major constraints(such as low land capability, floodwaysand high bushfire risk areas) should beavoided for future urban expansion orinappropriate development.2. Identifying significant environmentalissues relevant to future decisionmaking, and identifying actions requiredto address these issues. Actions mayinclude means of implementing strategiesthrough the planning scheme (egintroducing scheme provisions, newzones, special control areas, new policy),actions to address gaps in information/knowledge necessary to inform gooddecision making, actions required to beundertaken prior to future developmentbeing considered, as well as actionsrelating to seeking funding, liaising withrelevant agencies and monitoring andevaluation. Strategies and actions shouldbe clear and useable and be justifiedthrough the background component of thestrategy.Although the format and content of localplanning strategies vary between localgovernments, a local planning strategy willgenerally consist of three key components,a background report, a strategy andimplementation section, and the spatialrepresentation of the strategy.In reviewing existing local planning strategiesand strategies under development, a commonfinding was that whilst many local governmentsmay achieve the protection of natural resourcesby default (through directing developmentaway from sensitive areas), and provide arange of information relevant to NRM withinthe background report, there is little analysisof the planning implications of the NRM issuesraised, and limited translation of these issuesinto the strategy component of the document.44

Directions Paper on the Integration of NRM and Land Use PlanningIt is important that the issues raised within thebackground component are addressed withinthe strategy component as it is the strategiesand actions from which future decision makingwill be based.Many local governments include an‘environment’ section within their strategywith appropriate actions related solely to aparticular environmental issue, however fewlocal governments demonstrated the integrationof environmental considerations into overalldecision making.Local planning schemeAs discussed in Section 3.4.1, Schedule 7 of thePlanning and Development Act 2005 outlinesthe matters which may be dealt with by a localplanning scheme. These include:• The conservation of the naturalenvironment of the scheme area, includingthe protection of natural resources, thepreservation of trees, vegetation and otherflora and fauna, and the maintenance ofecological process and genetic diversity;and• The conservation of water.The Act establishes the consideration of thenatural environment and natural resources asvalid planning considerations within the scheme.The primary purpose of a local planningscheme is to control development within thescheme area. In considering an application forplanning approval under a scheme, the Councilis required to have due regard to all of theprovisions within the scheme.As a statutory tool, a local planning schemeprovides the opportunity to implement thestrategic direction outlined in the local planningstrategy, and can do this through a varietyof mechanisms as further discussed belowand illustrated in Figure 5. The suitability ofeach mechanism to address natural resourcemanagement issues can vary between issuesand between local governments, and in someinstances a combination of mechanisms willachieve the best result.- ReservationUnder a local planning scheme, land can be setaside and reserved for public purposes. In mostcases, land is already in government ownership,however in some instances private land can bereserved for future acquisition.Under a local planning scheme, reserves aredesignated for particular purposes which caninclude parks and recreation, conservation,drainage, civic and cultural and waterwaysreserves. It is important that the designationof the reserve reflects the purposes for whichthe land is used, or is intended to be used anddeveloped, as in determining an applicationfor the development of a reserve, the localgovernment has to have due regard to theultimate purpose intended for that reserve.Reservation of land can provide the greatestlevel of protection to an environmental assetunder the scheme, provided the designationof the reserve matches the intended use.In addition to protection under the Scheme,reservation of land results in title basedprotection, with land being under crownownership with a management order registeredto the title, specifying the purpose for which theland may be used.Whilst a reserve status can provide thegreatest level of protection to natural areasthe reservation of land beyond what is givenup during the process of subdivision, can befinancially onerous on local governments due tocompensation requirements under the Planningand Development Act 2005.- ZoningUnder a local planning scheme, land use zonesare applied to all land within the scheme area.For each zone, an objective is set and provisionsprepared setting out development requirementssuch as minimum lot sizes, the uses permittedwithin the zone and any special provisions45

Directions Paper on the Integration of NRM and Land Use PlanningReservation(Part 3 of the Model Scheme Text)Zoning(Part 4 of the Model Scheme Text)Special Control Areas(Part 6 of the Model Scheme Text)Reservation of land ensuringdesignation is appropriate for theintended use of the land ie.Conservation.Zoning controls the use anddevelopment of land within that zone.Can stipulate minimum lot sizes,permitted uses and specialrequirements.Special Control Areas provide anopportunity to highlight issues thatcross more than one zone andprovide additional requirements thatapply within the special control areas.General ProvisionsIncludes general objectives of thescheme, requirements for planningapproval and criteria for rezoningapplications.Special ProvisionsProvisions specifically related to aparticular development or area ofland. Commonly found within aSchedule to the Scheme.Development ControlThe provisions of the Scheme are used in the assessment of development applications,subdivision applications and rezoning applications. Applications cannot be approvedwhere they are inconsistent with the provisions of the scheme.Figure 5 Local Planning Scheme Mechanismsrelating to the zone. Essentially zoning controlswhat land use can go where and as such canprovide a valuable tool for achieving NRMoutcomes.Within urban zonings, including residential,industrial and commercial zonings, opportunitiesto achieve NRM outcomes can be limited.Therefore, directing these zones away fromsensitive environments, such as areas highlyconstrained by drainage issues, wetlands orsignificant vegetation, is a means of protectingnatural resources.In the preparation of a local planning strategy,modifications to zoning of land should beconsidered in the context of a range of factorsincluding environmental considerations,proximity to services, land capability, economicconsiderations and settlement hierarchy. Thelocal planning strategy can also guide futureexpansions and may include criteria whichmust be addressed prior to initiation of ascheme amendment proposing a change inland zoning. For example, the Shire of Toodyay,within their local planning strategy, identifiedthat new rural residential zonings would only beconsidered where certain criteria could be met,46

Directions Paper on the Integration of NRM and Land Use Planningincluding criteria relating to land capability andenvironmental protection. An extract of the Shireof Toodyay’s Local Planning Strategy has beenincluded below.Shire of Toodyay– Local Planning Strategy ExcerptAny scheme amendment to create RuralResidential (previously known as Special Rural)areas or the subdivision of land zoned RuralResidential under Local Planning Scheme No 4will only be considered where compliance withthe following criteria can be achieved:• The preparation of a Development Planwhich considers:- Land capability with demonstratedfair to high capability of sustaining theproposed development and use;- Impact on scenic landscape,conservation and heritage attributes;- Risk of land and water degradation,with regard to flooding, soil erosion,salinity, landslip or any other form ofenvironment;- The proposed lot layout and roadconfiguration, having regard to thetopography, vegetation and land formof the area;- The Development Plan is to considerthe future subdivision of adjoining landareas and the Council may require thatthe Development Plan be expandedto consider adjoining properties thatmay not be subject of a subdivision orrezoning proposal;- Important natural resources and areasof environmental sensitivity;- Fire risk assessment and management;- Building envelopes;• The land will not restrict or compromisefuture urban expansion, consideringareas suitable for urban developmentin terms of their characteristics andproximity to urban services;• The land can be appropriately servicedand will support the role of the Toodyaytownsite as the District Service Centre;• The future development of RuralResidential (previously known as SpecialRural) land will not have a negativeimpact on surrounding or nearbyproductive rural uses;• All created lots will be able to supportdevelopment that does not conflict withthe objectives of the Toodyay TownsiteLandscape Protection Area and theRoad Landscape Protection Buffers orresult in development situated on criticalskylines. This may include the use ofbuilding envelopes and may influencesetback requirements and resultant lotsizes; and• The proposal must address therequirements contained in Part 4 of theLocal Planning Strategy.The Council may resolve not to initiate ascheme amendment or may recommendrefusal of a subdivision application to theWestern Australian Planning Commission if itconsiders that the above requirements havenot been addressed or if the release of the landis not appropriate at that time.- Provision of infrastructure; and- An impact assessment to considerpossible conflicts between existingand future possible land uses.47

Directions Paper on the Integration of NRM and Land Use PlanningOnce land has been zoned, provisionsspecifically related to the use and developmentof the zone can assist in managing the potentialimpact of land use on natural resources.This can include requirements relating to theprovision of building envelopes, setbacks towetlands and watercourses, requirementsregarding fire management, stocking rates andrequirements for water sensitive urban design.Some local governments have used zoning asan opportunity for achieving NRM outcomes,such as the protection of vegetation, whilst stillallowing for some form of development (ie. theprovision of lifestyle lots). When using zoningin this way it is important to ensure that theproposed provisions relating to the zone willresult in the outcomes desired. For example, inthe past rural residential development (1-4halots) has been seen as a mechanism to ensureprotection of remnant vegetation (by allowingresidential living in a bush environment withstronger controls on clearing) or as a meansof ensuring improved land managementpractices (encouraging subdivision on landsubject to land degradation and requiringstricter stock management control). Ruralresidential developments can however result infragmentation of bushland through clearing ofbuilding envelopes, bushfire control (provision offirebreaks, and reduction of flammable material),fencing and inappropriate stock management.The lot sizes created as a result of conventionalrural residential developments are insufficient toachieve good conservation outcomes.The introduction of ‘conservation’ themedzones as an alternative means of encouragingprivate land conservation, has recently occurredacross a number of local governments. DC3.4 currently allows for the excision of a singleconservation lot from a rural lot, in order topreserve significant environmental features andremnant vegetation subject to the satisfactionof a number of criteria. The creation of multipleconservation lots however requires a zoningchange.The intent of introducing a ‘conservation’ themedzone relates to the provision of subdivisionincentives to landowners with lots containingsignificant natural features, in return for a greaterlevel of protection and management of thenatural feature. The Shire of Northampton isone such Council considering the introductionof a ‘conservation’ themed zone into their localplanning scheme to achieve conservationoutcomes. In determining whether such a zoneis appropriate it is important to ensure that theprovisions relating to the zone will achieve theoutcomes sought.Shire of Northampton Draft LocalPlanning Strategy– Rural Conservation ZoneThe Shire ofNorthampton, whenpreparing their localplanning strategy,identified a needto provide privateconservation incentivesto protect large tracks of remnant vegetationon private land.The strategy proposed the creation of a ruralconservation zone to;• Promote a positive conservationoutcome whilst minimising the impact ongovernment and community services;• Seek the protection and long termmanagement of native vegetation outsidethe existing conservation reserves; and• Minimise further fragmentation of thenative vegetation and where possiblepromote ecological linkages whereclearing has resulted in the currentfragmentation of the remaining nativevegetation in the Shire.In establishing the circumstances where arural conservation zone may be considered,wider sustainability issues of increasing thepopulation in rural areas and the potentialdemand this may have on government andcommunity services were required to be takeninto consideration.48

Directions Paper on the Integration of NRM and Land Use PlanningThe proposed rural conservation zone willprovide a subdivision incentive in return forplacing greater restrictions on the use of theland and requiring the management of issuessuch as fire management, fencing, clearingcontrols, stock control and the on-goingmanagement of the bushland.It was recognised that green title subdivision,although having a role to play in contributingto the protection of native vegetation, couldpotentially result in further fragmentationof existing bushland over well designed,innovative, cluster style survey stratasubdivisions. Incentives, therefore, in the formof significant additional lot yield were beenprovided to those landowners who choose tocreate an innovative cluster style subdivisionthat protects the remaining native vegetationas one entity (i.e. as one common lot).An excerpt of the criteria established toidentify areas in which rezoning of land to therural conservation zone has been included inAppendix 10.The new scheme currently being prepared willintroduce the rural conservation zone, identifyland uses consistent with the objective of thezone, and identify special provisions relatingto the land.- Special Control AreasSpecial control areas are a mechanism intendedto deal with specific issues which may overlapzone and reserve boundaries. A special controlarea can place additional requirements onareas within the special control area, over andabove the zoning of the land, to ensure landis developed consistent with the purpose ofthe special control. Planning Bulletin No. 74describes the role of Special Control Areas andoutlines four key functions of this tool. SpecialControl Areas can;• identify planning issues requiring specialconsideration (eg areas subject toflooding, water source protection areas,bushfire hazard areas, wetlands);• control building and works within thespecial control area in response toparticular issues (eg restricting buildingwithin floodways, specifying minimumfinished floor levels for buildings within aflood fringe);• set out guidelines on the specialconsiderations to be taken into accountin considering development withinthe special control area (eg prior todevelopment being considered a firemanagement plan must be prepared inaccordance with DC 3.7 Planning for BushFire protection); and• identify relevant specialist agenciesto be consulted prior to determiningapplications within the special controlarea (eg all applications for developmentwithin the flood way will be referred to theDepartment of Water for consideration).Special Control Areas can provide an effectivemechanism for those NRM issues that crossa number of different zones and allow for theidentification of these issues via the schememaps without the need to refer to individualdocuments or maps. It is important howeverto clearly identify how the identified issue willaffect decision making and ensure that specialcontrol areas are based on appropriate studiesto verify the boundaries of the area to whichthe additional special control provisions are toapply. It would not be appropriate for exampleto include all remnant vegetation within a specialcontrol area with special requirements on theconsideration of remnant vegetation within thedevelopment process. In this case it would bemore appropriate to include such requirementswithin the general provisions of the scheme.Special control areas are most effective for thoseissues that occur over a discrete area and canbe clearly defined.Additional guidance on the use of specialcontrol areas is provided within PlanningBulletin74 located at the following linkwww.wapc.wa.gov.au/Publications/707.aspx49

Directions Paper on the Integration of NRM and Land Use PlanningCity of Armadale- Public Drinking Water Source SCAWithin theirLocal PlanningStrategy, theCity of Armadalerecognised that the Wungong Reservoir,Churchman Brook Dam and Canning DamWater Source Protection Plans were beingprepared, and that there was a need tohighlight the importance of the City’s waterresources through the introduction of aprotection mechanism within the Scheme.The City of Armadale’s Town Planning SchemeNo. 4 achieves this through the inclusion of aspecial control area for Public Drinking WaterSupply Areas. The purpose of the SCA is toprovide a basis for the protection of thoseresources through the control of land useor development, which has the potential toprejudice the quality of water supplies forpublic uses.The Special Control Area requires alldevelopment within the Public Drinking WaterSource areas to have the prior approval ofCouncil including those land uses that wouldotherwise be permitted by Council withoutapproval, and outlines those matters whichwill be considered in the decision makingprocess including;• Advice received by the Department ofWater;• The potential impact of the proposal onthe quality of the water resource;• The ability to manage run-off anddrainage.The special control area clearly identifiesthose areas subject to the special provisionsand highlights additional responsibilities forthose within the catchment area.- General ProvisionsGeneral provisions within the scheme which aidthe consideration of NRM in the decision makingprocess can also be prepared and includedwithin a local planning scheme. Generalprovisions relate to the operation of the scheme,and matters that apply to all development.This can include ensuring the objectives ofthe scheme contain an NRM related objective,requiring the submission of relevant datawith applications for development and withinstructure plans, and detailing minimum criteriato be met prior to rezoning applications beingconsidered.The Model Scheme Text includes many of thestandard general provisions to be includedwithin a local planning scheme. The PlanningSchemes Manual provides guidance on whichsections may be modified or added to by thelocal government when preparing a scheme andprovides an opportunity to improve or clarify theconsideration of NRM in decision making.Examples of general provisions are provided inExample 1 and Example 2.Example 1 – General Provision relating todevelopment within floodwaysNotwithstanding any other provision of thisScheme:(a) the Council shall not grant consent tothe carrying out of any developmenton land that is shown on the SchemeMap as being within, or partly within,a Floodway, unless it has made anassessment of:(i)the effect of the proposed developmenton the efficiency and capacity ofthe floodway to carry and dischargefloodwaters;(ii) the safety of the proposed developmentin time of flood; and(iii) whether the proposed developmentinvolves any possible risk to life, humansafety, or private property in time offlood.50

Directions Paper on the Integration of NRM and Land Use PlanningExample 2 – Information to accompany astructure planStructure plans shall include any of thefollowing matters that the Council considersappropriate in relation to the nature of thestructure plan:(b) a site analysis assessment and keyopportunities and constraints of thestructure planning area includinglandform, topography, hydrology,landscape, vegetation, soils,conservation and heritage values, mainphysical/natural features, ownership,land use, roads and public transport,and services;(d) environmental considerations.- Special ProvisionsCompared with general provisions, which applyto all areas, special provisions relate to particularareas or developments within the schemearea. Most commonly these provisions arisethrough the rezoning process, where specialprovisions are proposed to manage specificissues related to the development, which mayinclude environmental issues. Special provisionsprovide a useful tool for those areas with specificNRM issues that need to be factored into futuredecision making on land use. An example isprovided below of special provisions relatingto a rural residential development situated inclose proximity to Lake Clifton, a RAMSAR listedwetland.Example:City of Mandurah Town Planning Scheme No. 3Appendix 4, Special Provision relating to a Rural Residential Development within close proximity toLake Clifton.Area 3- 1. Council shall require all undeveloped Rural Residential lots which abut Lake Cliftonand have already been created as 2 to 4 hectare lots to be developed so as to:AMD 22 GG 4/2/05a) require the maximum possible setback from that boundary of the lotthat fronts or abuts Lake Clifton to be achieved to bring developmenton these lots generally in line with the requirements of Area 4.b) Prohibit Intensive Agriculture on this land.c) Groundwater metered bores or wells will be permitted subject tofirst obtaining a Groundwater Well Licence for the Water and RiversCommission and any extraction will be limited by that authority.The domestic water allocation for those properties within the Lake Cliftoncatchment area may be limited to 1500 kilolitres per lot per annum.In the event that the Environmental Protection Authority (EPA) determinesthat the Lake Clifton environment has been or may be damaged by the useof groundwater bores, that Authority will call upon the Water and RiversCommission to withdraw the bore licences until such time as it is determinedby the EPA that continued use of bores in accordance with any conditionsthat may be imposed by the EPA, will not result in any damage to theenvironment.51

Directions Paper on the Integration of NRM and Land Use Planning5.3.3 Agency RolesThe support of NRM agencies in the preparationof a local planning strategy is vital to theeffective consideration of NRM matters in thefuture direction and development of a localgovernment area. As the local planning strategyis the precursor to the local planning schemeit is also important that the NRM agenciesrecognise the role of a local planning strategy ininfluencing future decision making and in settingpriorities for future growth.Resources are often limited within localgovernment, and it is therefore importantthat effort is focused on those NRM issues ofgreatest priority within the local governmentarea. This includes issues affecting thoseareas under development pressure, significantenvironmental values and assets within the LocalGovernment area, as well as significant landmanagement issues. The regional priority settingworkshops discussed in Section 5.2 above,present an opportunity for the NRM agencies toprovide this strategic direction and identify keyNRM issues required to be addressed by localgovernments in the preparation of their localplanning strategy. The role of the agencies inproviding advice on individual local planningstrategies would then be related to ensuringthese issues are effectively integrated into theoverall local planning strategy.In the absence of regional strategic direction,the early engagement of the NRM agenciesby the local government or its consultation,can greatly improve the integration of NRMinto the development of the strategy. Thiswill aid in the identification of NRM priorities,information sources and potential assistancethat may be available to the local government.The role and level of input from agencies suchas the Department of Water, Department ofEnvironment and Conservation and Departmentof Agriculture and Food in the past has variedbetween local governments largely dependingon the level of consultation undertaken by thelocal government in the preparation of thestrategy.In some instances the only opportunity foragencies to input into the process has beenwhen the strategy is publicly advertised anddistributed for comment in draft format. Atthis stage it can be difficult to integrate NRMconsiderations into the strategy effectively as thedirection for future growth of the Shire has beenset, with a great deal of effort having alreadybeen put into the strategy. It can be difficult tosignificantly influence the direction of a strategyat this stage.One of the main issues raised by the agenciesis that the form in which requests for informationregarding proposed local planning strategiesare made, and the lead time given to providethe information are insufficient, impacting on thelevel and quality of advice that can be provided.Agency involvement in providing direction forand commenting on local planning strategiescan also depend on the resources availablewithin the State NRM agencies for strategicplanning within the agencies themselves. TheDepartment of Agriculture and Food has placedincreasing emphasis on strategic planning andpolicy preparation whilst DoW and DEC havetraditionally placed greater effort in statutoryplanning. This is changing however, with therecognition that strategic planning has thepotential to significantly influence the integrationof NRM into land use planning.In providing comment on draft local planningstrategies it is important that agencies commentnot only on the background information withinthe strategy, but also on the implementationcomponents of the document (the strategyand strategy map). In many cases, a lot ofeffort is placed on ensuring the backgroundcomponent of the document contains all therelevant information without ensuring NRMconsiderations are integrated into the objectives,strategies and actions. Comments providedare also often general in nature making theimplications for planning difficult to identify.Currently many agencies place emphasis onresponding to statutory referrals with limitedresources being available for input into strategiclevel planning. Education on the role of local52

Directions Paper on the Integration of NRM and Land Use Planningplanning strategies, and the subsequent localplanning scheme, in setting the directionfor future decision making would assist inhighlighting to agencies the importance ofinputting into these stages of planning.The NRM Regional Groups have had veryminimal involvement in the development of localplanning strategies to date, however thesestrategies can provide an effective mechanismfor achieving some of the targets under theNRM regional strategy. An increased investment(funding) into the preparation of local planningstrategies by the groups would result in animprovement in the consideration of NRM inthe decision making framework. In addition,the NRM regions often have relevant data andinformation that can be accessed by the localgovernment. The NRM regional strategiesthemselves provide a good resource for LocalGovernments of the NRM issues and prioritieswithin a region and the regional groups arepotentially a good source of data.Western Australian Planning Commission/Department for Planning and InfrastructureUnder the Town Planning Regulations,consent to advertise and the endorsementof local planning strategies by the WesternAustralian Planning Commission is required.The DPI assists in this task by providingrecommendations to the Commission on thecompliance of the local planning strategy withthe requirements of the Regulations.The support of officers within DPI to LocalGovernment during the preparation of localplanning strategies prior to the above stagesplays an important role in the quality of the finalproduct referred to the WAPC for consent toadvertise. This includes the provision of adviceregarding the preferred process of preparinga local planning strategy, state and regionalpriorities for the Local Government area, adviceon key issues and priorities required to beaddressed and assistance with mapping. Thiscan assist in refining the scope of the localplanning strategy and ensure that time and effortis placed on the key issues within the regionrather than producing an overly comprehensivedocument that does not address the issues.The current guidance on the preparation oflocal planning strategies within the PlanningSchemes Manual provides limited informationon the preparation of a strategy as discussedabove. This has resulted in varying levels ofinvolvement of the DPI in the preparation of alocal planning strategy. In some instances localplanning strategies are submitted for consentto advertise, with no previous involvementfrom DPI officers. This can result in significantchanges being required and delays in theassessment of the strategy due to the strategynot meeting requirements. The incorporation ofa recommended process for developing a localplanning strategy within the current guidanceis considered an important step to improvingquality of local planning strategies.The EPAUnder legislation, there is no formal requirementfor a local planning strategy to be assessed bythe EPA, yet a local planning scheme and itsamendments, requires assessment by the EPAunder section 48 of the EP Act. As it is the localplanning strategy that is providing the rationaleand justification for the scheme it is considerednecessary to have some involvement of theEPA or its service unit in the preparation and/orendorsement of local planning strategies. EPAinvolvement at the local planning strategy stagewould ensure that NRM matters are consideredappropriately in shaping the future growth anddevelopment of the local government area,that there are no fatal flaws in the strategy, andthat no significant environmental impacts willoccur in the implementation of the strategy.Initial assessment of the strategy would alsoassist in streamlining the assessment of localplanning schemes and amendments developedin accordance with a strategy addressing EPAadvice.The EPA has formal involvement in theassessment of local planning schemes andtheir amendments. Prior to these documentsbeing advertised for public comment, schemes53

Directions Paper on the Integration of NRM and Land Use Planningand scheme amendments are required to bereferred to the EPA for environmental impactassessment. The process of environmentalimpact assessment can be found at; www.epa.wa.gov.au/template.asp?ID=2&area=EIA&Cat=EIA+Process+InformationRecommended actions:• Conduct an audit of the progress andstatus of local planning strategies, andidentify priorities for future developmentof strategies and schemes.• Facilitate workshops for each of thePlanning Regions (involving StateNRM agencies, local governments andregional NRM groups) to identify priorityNRM issues and areas to be consideredin development of local planningstrategies and schemes.• Identify NRM data requirements tosupport development of local planningstrategies.• Coordinate DPI and State NRM agencysupport to local governments forintegrating NRM into local planningstrategies.ª Conduct an audit of endorsed localplanning schemes and strategies toidentify ‘best practice’ examples ofintegrating NRM into land use planning.5.4 Local Planning PoliciesLocal Planning Policies provide an opportunityto provide additional guidelines to assist localgovernments in making decisions under theScheme. The Model Scheme Text includesstandard scheme provisions relating to theability for a local government to prepare a LocalPlanning Policy in respect to any matter relatedto the planning and development of the Schemearea so as to apply –(a) generally or for a particular class orclasses of matters; andLocal Planning Policies should;• Be consistent with the local planningstrategy and state policy,• Relate to a valid planning process and bebased on planning principles• Provide guidance in exercising orinforming discretion under the scheme.• Be concise and clearly explain the policyobjectives and how it will influencedecision making under the scheme.Local Planning Policies do not form part of thelocal planning scheme, and as such Council’sare not bound by the policies, however musthave regard to the policy provisions and theobjectives which the policy was designed toachieve when making decisions. Consistencywith State and regional policy and consistencyin applying the policy is essential to ensuring therequirements of a policy are upheld in the caseof an appeal.Local Planning Policies are prepared, adoptedand implemented by the Local Government.Standard procedures for the making oramending of polices are contained within theModel Scheme Text and include;• Resolution to prepare a local planningpolicy – The local planning policy isprepared by the local government, and aresolution passed to adopt the policy forthe purposes of advertising.• Public Advertising – The policy isadvertised for public comment over aminimum period of 21 days.• Adoption of Policy – Following theadvertising period, any submissions madeare considered by Council. Council mayresolve to adopt the policy with or withoutmodification, or resolve not to proceedwith the policy.Local planning policies are not required to beendorsed by the Western Australian PlanningCommission.(b) throughout the Scheme area or in one ormore parts of the Scheme area.54

Directions Paper on the Integration of NRM and Land Use Planning5.4.1 Relevance to NRMAs mentioned above, local planning policiesafford an opportunity to provide a greater levelof guidance on matters within the scheme toassist local governments in decision making.This extends to those NRM requirements that areidentified within the scheme.ExamplesScheme ProvisionNo dams or lakes shall be createdexcept with the approval of Council.Unless the local governmentwaives any particular requirement,every application for planningapproval is to be accompanied byany specialist studies that localgovernment may require theapplication to undertake in supportof the application such as traffic,heritage, environmental,engineering or urban designstudies.Local Planning PolicyDams PolicyProvide guidance on the application and assessmentrequirements for the construction of dams to ensure;- Environmental and landscape amenity ofwatercourses are maintained;- Construction does not lead to adverse environmentalimpacts;- Impacts of earthworks and the removal of riparianvegetation are minimised.Water Sensitive Urban Design PolicyProvide guidance on the application of Water SensitiveUrban Design principles, in accordance with the BetterUrban Water Management Framework, when undertakingstatutory and strategic planning.Provide guidance on agreed environmental quality criteriato be met through Water Sensitive Urban Design.Detail minimum information requirements to be submittedfor different scales of development.Benefits of a preparing a local planning policyfor an NRM related matter, include:• the ability to provide a greater level ofguidance on how NRM matters are to beconsidered in decision making, providinggreater guidance for decision makers andcertainty for proponents.• the ability to interpret state policy at thelocal level; and• greater flexibility in being able to amendrequirements in line with changing/contemporary practices due to thetime frames for preparing and adoptinga policy being significantly less thanthat associated with amending a localplanning scheme.Care needs to be given when preparing apolicy to establish the NRM matter as a validplanning consideration through links to the localplanning scheme and state policy. In addition,the policy requirements must be consistentwith the scheme and state policy, as if anyinconsistencies arise between the scheme andthe policy, the scheme provisions will prevail.In considering the use of a local planning policyto further achieve NRM outcomes, it is importantto consider the resources available to prepare,implement and enforce requirements. This55

Directions Paper on the Integration of NRM and Land Use Planningincludes the ability and expertise to adequatelyassess information required to be submitted inaccordance with a local planning policy.As Local Planning Policies provides anotherconsideration to an already complex planningsystem, any policy created needs to ensure thepolicy objectives and requirements are clear,easily implementable, equitable and can beconsistently applied.5.4.2 Guidance AvailableThere is currently little guidance available on thepreparation of a local planning policy, beyondwhat is provided for in the Model Schemes TextGuidelines. These guidelines describe the roleof a local planning policy and its relationshipto the Local Planning Scheme. No detail isprovided within these guidelines on how to dealwith particular issues through a local planningpolicy, including NRM issues.There are 141 local governments within WesternAustralia, with each local government havingits own set of local planning policies, many ofwhich include polices on NRM related matters.An opportunity exists to facilitate informationsharing across local governments through theprovision of a ‘local government toolbox’ forNRM or similar, which could provide a resourcefor local governments looking to address NRMwithin their planning framework.Recommended action:• Prepare case studies and practice notesto support local government integrationof NRM into local planning policies.5.5 Structure PlansA structure plan provides a framework for thecoordinated provision of land use, development,infrastructure, and allocation of services. Putsimply, a structure plan identifies the proposedlocations of distributor roads, commercialcentres, public open spaces, schools andresidential areas. In addition a structure plancan govern lot sizes by allocating densitieswithin the structure plan area. Structure planningcan occur at the regional, district or local leveland occurs for a number of different types ofdevelopments including residential estates,industrial precincts, town centres and ruralresidential developments. Essentially a structureplan provides a guide for the future subdivisionof land. Other terms commonly used for astructure plan include outline developmentplans, comprehensive development plans andsubdivision guide plans.Structure Plans can be either developed undera requirement of a local planning scheme(statutory) or as a non-statutory plan whichserves as a guide for future subdivision. Thissection will predominantly deal with the processof developing and endorsing district and localstatutory plans, however the principles forachieving NRM outcomes apply equally to nonstatutorystructure plans.In general, a structure plan will comprise of threecomponents; a spatial plan, statutory provisionsand a background technical report. The spatialplan is essentially a diagrammatic representationof the future planning for an area. The statutoryprovisions support the implementation of thestructure plan and outline requirements tobe met prior to and during subdivision. Thestatutory provisions may either be annotatedon the spatial plan, or be contained in thesupporting documentation. The provisionshave the same force and effect as if they wereprovisions of the Scheme. For example thestatutory provisions may include a requirementfor water sensitive design principles to beapplied, a fauna protection plan to be preparedprior to subdivision and requirements to protectvegetation during construction as well as other56

Directions Paper on the Integration of NRM and Land Use Planningnon NRM conditions such as requirements foraccess, infrastructure contributions and designcriteria. The final component, the backgroundreport, provides all of the site investigations,planning background and justifications for thestructure plan design and general guidance forfuture development. As with the local planningstrategy, it is important that NRM considerationsare translated from the background report intothe spatial plan and statutory provisions, asit is these components that will guide futuresubdivision/decision making and are mattersfor which conditions can be formulated andapplied. The background report, whilst usefulfor providing the rationale for the design of thestructure plan, is used only for guidance and isnot enforceable in a statutory sense.ScaleAs mentioned above, structure plans can beprepared at the regional, district and localscales, and the level of detail displayed in thestructure plan varies between scales. Figure6 below depicts the relationship between thevarious scales of structure plan. Essentially as astructure plan moves from a district level downto a local level structure plan, an increasinglevel is detail is provided in order to guide futuresubdivision. This chapter will focus on structureplans prepared at the district and local scales.District and large scale structure plans ingeneral describe broad land use zones, identifymajor distributor roads and connections withadjoining developments, show natural featuressuch as watercourses and remnant vegetationand locate future school sites, neighbourhoodcentres, and major areas of public open space.They may identify requirements to be consideredin the more detailed stages of planning, suchas the need to determine a coastal setbackline, or the need for a spring flora survey to beundertaken prior to determining the final locationof public open space.The local level structure plan provides a greaterlevel of detail and may include the allocationof proposed residential densities, depictingthe proposed street network, proposedtransportation corridors footpath networks andpublic transport routes, identifying the locationof public open space areas, and identifyingwater sensitive urban design requirements(ie drainage reserves and swales). The localstructure plan guides the future subdivision ofthe land.There is however no uniform structure or contentrequirements for structure plans and structureplan requirements can vary between localgovernments. The DPI have been reviewingcurrent issues with structure plans and arelooking to clarify the level of content and detailneeded for different scales of plan.Distrct structure planLocal structure planFigure 6: Example of a distrct structure plan and a local structure plan57

Directions Paper on the Integration of NRM and Land Use PlanningProceduresProcedures for the preparation and endorsementof structure plans are set within local planningschemes, and model scheme provisionsare provided through Planning BulletinNo. 37 available at www.wapc.wa.gov.au/Publications/189.aspx. The general process fordeveloping and endorsing structure plans isdescribed below;• Preparation– A structure plan may beprepared either by the local governmentauthority or by a proponent/landholder.In the preparation of a structure plan,consideration must be given to StatePolicy, the Local Planning Strategy andScheme and any relevant local planningpolicies. The process for preparing astructure plan requires consultation withservicing authorities and key agencies todetermine minimum requirements for thestructure plan area, and considerationof environmental, social, economic,infrastructure, transport and servicingfactors. Where a structure plan has beenprepared by a proponent, the structureplan is submitted to the local governmentfor assessment.• Adoption for advertising – Once astructure plan has been received, thelocal government must determine whetherthe structure plan is adequate or whethermodifications are required. When thestructure plan has been prepared to thesatisfaction of the local government, theCouncil may adopt the structure plan forthe purposes of advertising.• Advertising – The structure plan isrequired to be advertised for a minimumof 21 days. This includes notification ofall landowners affected by the proposalas well as relevant service agencies andgovernment authorities.• Endorsement by Council – On the closeof advertising Council is required toconsider all submissions made andmake recommendations for the finalendorsement of the structure plan, with orwithout modification.• Endorsement by WAPC – The plan is thenreferred to the WAPC for assessmentand endorsement. Further modificationsmay be recommended/undertaken atthis stage, in response to state policyrequirements, environmental or planningconsiderations.Once a structure plan has been endorsed,the statutory provisions of the structure planhave the effect of the Scheme and apply toany subsequent subdivision or developmentproposals.5.5.1 Level of Guidance ProvidedGuidance on the preparation and endorsementof local planning strategies is currently providedin a number of different guidance documents asdiscussed below:Liveable Neighbourhoods (October 2007)Liveable Neighbourhoods is an operationalpolicy adopted by the Western AustralianPlanning Commission, used for the designand assessment of structure plans and thesubdivision of new urban areas. The documenthas 12 principal aims which essentially seekto create liveable walkable neighbourhoodsthat foster a strong sense of community andmaximises efficient use of urban land. One ofthe 12 aims is to ensure the avoidance of keyenvironmental areas and the incorporation ofsignificant cultural and environmental featuresof a site into the design of an area. LiveableNeighbourhoods can be accessed at thefollowing link:www.wapc.wa.gov.au/Publications/1594.aspx.Liveable Neighbourhoods establishes 8 keyelements required to be considered in thepreparation of a structure plan: Communitydesign, movement network, lot layout, publicparkland, urban water management, utilities,activities centres and employment andschools. Each element contains objectives andrequirements to be achieved within a structureplan design.58

Directions Paper on the Integration of NRM and Land Use PlanningThe current structure of the document focuseson achievement of the design elements witha strong emphasis on the need to achievea balance between the ‘extensive spatialrequirements of some environmental outcomes’with efficient walkable mixed-use urbanism. Theguidelines are restrictive in the ability to protectnatural features within public open space, withonly 2% of the gross subdividable area able tobe credited as public open space when usedto protect natural areas and cultural features,urban water management measures and naturalwetlands. This does not mean that the remaining8% cannot be vegetated, rather that the openspace must be available for recreationalpurposes. Where additional areas are requiredto be protected, for example conservationcategory wetlands or threatened ecologicalcommunities, these may not be included in thepublic open space contribution however will bededucted from the gross subdivisible area fromwhich the 10% open space is calculated.Element 5 of the document provides guidanceon urban water management, and aims toachieve greater sustainable developmentthrough reducing the amount of watertransported between catchments, optimisingthe use of rainwater that falls in urban areas,achieving appropriate water quality and quantitytargets, and achieving sustainable urbanstructure and form. Again it is emphasised thatprimary design considerations are to minimise“development costs, and provide a compactwalkable neighbourhood and town structurethat is not severely dissected by environmentalcorridors” demonstrating the need to balanceeconomic, social and environmental factorswithin the structure plan design.Liveable Neighbourhoods is the WAPC’spreferred policy to guide structure planningand subdivision of land for developments of 20lots or more. The WAPC will supersede specificdevelopment control policies over time withsubsequent reviews of the document ensuringreflection of contemporary principles andtechnological advances.Development Control Policies(www.wapc.wa.gov.au/Publications/Development+control+policies/default.aspx)As discussed in section 5.1.5 developmentcontrol polices are the WAPC’s operationalpolicies for dealing with the subdivision anddevelopment of land. Guidance is provided ona number of issues relevant to structure plandesign including residential road planning,public open space, school sites and bicycleplanning. Apart from DC 2.3 Public OpenSpace, no guidance is provided on how tospecifically address NRM within structureplanning and subdivision, although the policiesdo aim to promote walkable catchments, useof public transport as well as provide guidanceon planning for fire protection and subdivisiondesign. DC 2.3 provides the basis for requiring aminimum of 10% public open space to fulfil bothactive and passive recreation needs. It includesa policy objective ‘to protect and conserve themargins of wetlands, water-courses and theforeshore adjacent to residential development’and provides guidance on how public openspace is to be calculated, requiring the provisionof foreshore reserves to be ceded free of cost asa condition of subdivision.Additional guidance on the implementationof the DC Policies is provided within the‘Guidelines for the preparation of local structureplans for urban release areas’, which werereleased by the WAPC in 1992. These guidelinesprovide direction on the process for developinga local structure plan as well as on their formand content.Planning Bulletin 37 (February 2000)Planning Bulletin No. 37 provides model schemeprovisions for the requirement for structureplans in order to have consistency acrosslocal governments, as discussed above. Theprovisions outline the process requirements forthe preparation and approval of structure plans.The Model Scheme Text review should formalisethese provisions through inclusion into the modelscheme text.59

Directions Paper on the Integration of NRM and Land Use PlanningBetter Urban Water Management Framework2008The Better Urban Water ManagementFramework provides guidance on the levelof information required to support structureplanning from a water planning perspective.The level of investigations varies according tothe scale of structure plan. At the local structureplan level it is expected that the proponent willdemonstrate how the proposed urban structurewill address water use and management.If structure planning is occurring prior torezoning, or as part of the rezoning process, theproponent will also be required to demonstratethat the area is able to support the proposedland uses. Detailed guidance on how to addressthis issue/water management issues at eachstage in the planning process is contained withinthe framework.5.5.2 Opportunities for integrating NRMStructure Planning is the stage in the planningprocess where previous strategic directioncan begin to be implemented through onground design and the application of statutoryprotection measures. Where there is a knownenvironmental asset, or NRM outcome (eg.Water sensitive urban design, land use reflectiveof land capability, wetlands and waterways)a structure plan can be used to identify andachieve these outcomes in the context ofsustainable development. For example astructure plan can:• Seek to achieve solar orientation of lots;• Ensure significant environmental assetsare protected within POS and/or privateproperty(eg through allocation of buildingenvelopes and building setback lines);• Designate densities appropriate tolandform;• Encourage use of public transport andwalkability through appropriate design;• Ensure infrastructure requirements forwater sensitive urban design can beaccommodated within the design;• Provide for water conservation measuresto be implemented;• Retain important visual landscapes andlandscape features; and• Protect wetlands and waterways ensuringadequate buffers to urban developmentare provided.As mentioned above, local structure plansconsist of three components, the backgroundreport, the spatial plan and the statutoryprovisions. The structure plan represents aguide for future subdivision, and the statutoryprovisions have the same affect as provisionswithin the scheme. As such, it is essential thatrequirements to be met at the subdivision stageare incorporated within the statutory provisionsor annotated on the spatial plan. Statutoryprovisions can be included for requirementssuch as the need to ensure water sensitiveurban design principles are adhered to, andthat solar orientation is considered in lot design.Examples are provided below.Example 1:Statutory provisions to ensure POS resultsin the protection of significant vegetationwithin District Level Structure Plan.A minimum of 10% of the gross subdivisiblearea is to be set aside as POS in accordancewith WAPC policy and should achieve thefollowing:• Set aside 9ha for conservation purposeswithin the site. The conserved openspace/s should either form an extensionto the Bush Forever site and/or be aminimum of 4 hectares and regularlyconfigured with a low edge to area ratio,subject to area and viability issues beingconfirmed through the preparation of avegetation management plan;• A maximum of 6ha for district openspace co located with the westernmosthigh school and primary school in thelocation depicted on the Structure Plan;60

Directions Paper on the Integration of NRM and Land Use Planning• Locate the north-south mixed use openspace/vegetation corridor as generallydepicted on the Structure Plan;• Provide a practical balance between theprotection of local vegetation, communityrequirements and provision of active andpassive parkland;• Provide a range of passive ‘pocketparks’ with a high amenity focus;• Provide good connectivity to and throughthe open spaces and ensure mostresidents are no more than 450 metresfrom an open space; and• Integration of drainage into multiple useopen space corridors to promote bestpractice water sensitive urban design.This does not preclude the use of basinswhere appropriate.Example 2:Local Structure Plan Provision relating toWater Sensitive Urban DesignFinalise the preparation and implementationof an Integrated Urban Water ManagementPlan consistent with Liveable Neighbourhoodsand DEC Stormwater management manualfor WA to incorporate best practice urbanwater management techniques including,where appropriate, stormwater harvesting,wastewater treatment and reuse (including3rd pipe technologies), water demandmanagement (including landscaping, POS,nutrient management) and overall waterquality management.The spatial plan associated with a structure planprovides a diagrammatic representation of howthe land will be developed. Natural featuresrequiring protection, such as foreshore reserves,EPP and conservation category wetlands, andvegetation protected under legislation (such asdeclared rare flora and threatened ecologicalcommunities) are identified as reserves andremoved from the subdividable area.The structure plan then identifies how theremaining area of land will be developed.Beyond those areas required to be protectedunder policy and legislation as outlined above,opportunities to achieve NRM outcomes,once land has been zoned for development,particularly urban development, withoutconsideration of key NRM factors in previousstages of planning, are limited. This is due to theassessment of structure plans being governedby statutory requirements.For example, 10% of the subdivisible area isrequired to be given up free of cost as publicopen space for both the active and passiverecreational needs of the community. LiveableNeighbourhoods contains criteria on how thispublic open space should be used, includinglimiting the protection of natural features anddrainage requirements to 2%, with the remaining8% being made available for recreational needs.This can limit the amount of locally significantremnant vegetation and natural features that canbe protected within zoned land. It is thereforeimportant that strategic level guidance has beenprovided to identify what the important assetsare to be protected and that an appropriatehead of power has been established within thelocal planning scheme enable consideration ofNRM matters within decision making.There are opportunities to build on theseminimum requirements through negotiationwith the landowner or developer, and the useof incentives such as density bonuses, offsetsand distribution of lot yields, provided thatoutcomes are consistent with State policy. Thesenegotiations should involve all parties includingthe developer, local government and the WAPCas the final approval body.Examples include:- Retaining the permitted lot yield butincreasing the density of developmentto allow greater areas to be retained forconservation purposes (ie reducing thedevelopment footprint).- Providing bonuses for improved NRMoutcomes, such as POS concessions,additional height bonuses or residentialdensity bonuses in return for increased61

Directions Paper on the Integration of NRM and Land Use Planningvegetation retention, improved solarrating of buildings or provision of wetlandbuffers.It is important that a strategic basis has beenprovided in determining NRM outcomes forstructure plans and that sufficient information isavailable on which to base these negotiations.For example, a local biodiversity strategy canprovide the strategic context for determiningwhich areas of remnant vegetation arepriorities for retention (See Chapter _ for moreinformation).Enquiry by Design WorkshopsOne method for facilitating positive outcomes,through bringing together major stakeholdersin designing a structure plan, is the enquiryby-designprocess. This process is designedto facilitate a workshop within which optionsto address specific issues can be discussed,and possible design and planning solutionsdeveloped to form a preferred structure plandesign. This process is generally used forstructure plan areas that have multiple orconflicting issues and for more contentiousdevelopments.Enquiry by Design workshops are typically nonbinding, however provide an opportunity toconsider and debate a wide range of optionswhilst taking into consideration all factorsincluding environmental, traffic, engineering,landscape, design and drainage requirements.The Shire of Serpentine Jarrahdale is using thisprocess in the development of the MundijongWhitby Structure Plan. The process has soughtto identify issues, requirements, opportunitiesand constraints within the study area for anumber of key components including theenvironment, infrastructure and services, trafficand transport, urban water management,and community facilities and services.EnviroPlanning, through its Local GovernmentPartnership Program has partially funded theenvironmental study component, which seeksto identify key environmental issues within thestudy area, highlight the implications of theseissues for the future development of the area,and identify potential planning mechanisms toensure NRM is integrated into the final design.An enquiry by design workshop will be heldto enable all outcomes of each of the keycomponents to be considered concurrently, anddesign options to be explored.5.5.3 Role of AgenciesAs it is the structure plan that guides futuresubdivisions it is important that all NRM issuesare identified and addressed at the structureplanning stage. Whilst it may be appropriatefor some issues to be dealt with via a conditionon the subdivision approval (for example theneed to prepare and implement a foreshoremanagement plan), any NRM issue that mayaffect implementation of the future subdivision(such as the implementation of water sensitiveurban, vegetation surveys or determinationof wetland boundaries) should occur at thestructure plan stage. If a subdivision applicationis submitted in accordance with an approvedstructure plan, it is very difficult to introducenew NRM considerations which may affect thesubdivision design.As mentioned above, the endorsement ofstructure plans includes a public consultationperiod which includes consultation with the StateNRM agencies. This provides an opportunityfor the agencies to comment on how thestructure plan addresses NRM issues. Referralto the EPA is only required where the proposeddevelopment is not considered to be consistentwith an assessed scheme.Recommended action:• Prepare case studies and practice notesto support local government integrationof NRM into local structure plans.62

Directions Paper on the Integration of NRM and Land Use Planning5.6 Subdivision andDevelopmentThe subdivision and development of land are thelast stages of the planning approvals process.Subdivision and development of land canonly occur once land has been appropriatelyzoned, where it complies with the local planningscheme and policy provisions, and whenpreliminary planning such as structure planninghas been finalised.The Western Australian Planning Commissionis the responsible decision making authorityfor subdivisions under the Planning andDevelopment Act 2005. The process forassessing subdivision applications is prescribedin the Act including statutory timeframes fordealing with applications. Once an applicationhas been received, the application is referred tothe relevant local government, service authoritiesand state agencies for comment over a 42 dayperiod. Once comments have been received adetermination is made by the Western AustralianPlanning Commission. Determinations arerequired to be made within 90days or else theapplication can be considered refused by theapplicant and an appeal can be lodged. Inmaking a determination the Commission hasregard to the local planning scheme, localplanning strategy and state policy, and hasthe ability to place conditions on any approvalgiven. Applicants have the right to appeal arefusal or any condition made on an approval.Development applications are made to the localgovernment, unless development approval isrequired under a region scheme, in which casea development application is also required tobe submitted to the Western Australian PlanningCommission. Depending on the permissibility ofthe use proposed, applications may or may notbe required to be advertised for public commentand referred to relevant government agencies.Applications must be consistent with the localplanning scheme and local planning policiesand may be subject to conditions. An applicanthas the right of appeal should an application berefused or on conditions of approval.Conditions may be applied to both subdivisionand development approvals to ensuredevelopment is consistent with State and localplanning frameworks. In creating conditionsthere are a number of basic principles whichshould be applied to ensure the conditionsare valid and will be upheld in the case of anappeal. These include;1. The condition must have a planningpurpose. That is the condition must relateto relevant planning considerations andcannot address matters covered by otherlegislation.2. The condition must fairly and reasonablyrelate to the development being approvedand must support what has been appliedfor, not significantly change it. If significantchanges are required, the applicationshould be refused and a new applicationsubmitted. The condition should relateonly to the current application and notfetter any future decisions.3. The condition must be clear and final.With respect to the imposition of conditions,the WAPC has a list of standard subdivisionconditions that may be applied to subdivisionapprovals. This standard list is not definititive,however was introduced to ensure consistencyin requirements across the State. In additionmany agencies have standard advice andrecommendations that they provide inresponse to referrals from the WAPC and localgovernments regarding both subdivision anddevelopment applications. Discussions withthe relevant NRM agencies have expressedconcern that the standard conditions usedby the WAPC do not always adequatelyreflect the desired NRM outcomes. Similarly,concern has been expressed that the adviceand recommendations provided by the NRMagencies are not always able to be translatedeffectively into planning conditions as perthe basic principles above. It is thereforerecommended that a review be undertaken,both by the WAPC and relevant NRM agencies,of standard advice and conditions relevant toNRM.63

Directions Paper on the Integration of NRM and Land Use PlanningRecommended actions:• Review and update standard subdivisionconditions to address NRMRelevance to NRMAs subdivision and development result in onground implementation, these stages of thedevelopment process provide an opportunityto ensure NRM outcomes are achieved on theground. It is at these stages where an applicantcan be required to undertake such measures asthe preparation and implementation of foreshoreand wetland management plans, setting asideareas for public open space and implementingwater sensitive urban design. This is generallyachieved through the application of conditionson subdivision and development, however asmentioned above, conditions must be basedon sound policy and statutory requirements. Itis also at the subdivision stage where areas ofpublic open space and foreshore reserves aregiven up to the Crown as a reserve and vestedwith an appropriate authority.Conditions that are placed on a subdivisionapproval are required to be completed andsigned off by the relevant clearing authoritybefore lots can be officially created. Thisensures that all conditions relating to thedevelopment are met. With developmentapprovals however, compliance with conditionsis the responsibility of the local governmentauthority, and the follow up to ensure conditionsare met can vary depending on the resourcesof the local government. Compliance withconditions is vital to ensuring the NRM outcomesare achieved on the ground.5.7 Summary ofopportunities withinland use planningto address NRMOpportunities exist for integrating NRM at alllevels within the current land use planninghierarchy, through strategic and statutoryplanning processes at the State, regional andlocal levels. NRM considerations should beincorporated into the planning process asearly as possible, and reflected in later stagesof planning. It can be difficult to achieveNRM outcomes through the subdivision anddevelopment of land via planning conditionsand advice on preliminary approvals, unlessthey have been adequately addressed throughearlier strategic (e.g. regional and local planningstrategies) and statutory (e.g. regional andlocal planning schemes and amendments)planning. It is particularly important to note thatland zoned for urban development is highlyconstrained, severely limiting opportunities toachieve NRM outcomes such as protection ofenvironmental assets. It is therefore importantthat NRM considerations are made prior to thezoning of land, and that these considerations areengrained into the local planning strategy andscheme.The subdivision and development stages are thelast stages in a multi-staged planning processand the relevance to NRM is largely limited toensuring that the on ground implementationof NRM outcomes previously determined areachieved. If NRM issues have not been raisedand addressed prior to the subdivision anddevelopment stages, the ability to deal withthese issues will be minimised.64

Directions Paper on the Integration of NRM and Land Use PlanningState and Regional Planning FrameworkProvides Statewide direction. Local Planning must be consistent with Stateand Regional PlanningLocal Planning Strategy and SchemeProvides Strategic Direction and Development ControlHigh level ofopportunity forintegrationLocal Planning PolicyProvides additional guidance onScheme provisionsStructure PlanImplementation ofstrategic directionthrough on grounddesignSubdivisionandDevelopmentImplementationOpportunities forintegration limitedto statutoryrequirements65