Directions Paper - Western Australian Planning Commission

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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
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