Planning and Development (Significant Development) Amendment Regulations 2025 (WA)

Western Australia

Planning and Development Act 2005

Planning and Development (Significant Development) Amendment Regulations 2025

Western Australia

Planning and Development (Significant Development) Amendment Regulations 2025 Contents Planning and Development Act 2005

Planning and Development Act 2005

Planning and Development (Significant Development) Amendment Regulations 2025

Made by the Governor in Executive Council.

1.Citation

These regulations are the Planning and Development (Significant Development) Amendment Regulations 2025.

2.Commencement

These regulations come into operation as follows —

• (a)

  regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

• (b)

  the rest of the regulations — on 30 May 2025.

3.Regulations amended

These regulations amend the Planning and Development (Significant Development) Regulations 2024.

4.Regulation 5 replaced

Delete regulation 5 and insert:

5. Prescribed significant development (s. 171I(1))

• (1)

  In this regulation —

commercial, centre or mixed use zone has the meaning given in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 clause 1;

community housing has the meaning given in the Planning and Development (Development Assessment Panels) Regulations 2011 regulation 3(1);

multiple dwelling has the meaning given in the R‑Codes;

R‑Codes has the meaning given in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 clause 1;

registered community housing provider has the meaning given in the Planning and Development (Development Assessment Panels) Regulations 2011 regulation 3(1);

relevant activity centre means an area of land identified as an activity centre in the State Planning Policy 4.2 Appendix 1 under the headings Capital City, Strategic Centres, Secondary Centres or District Centres.

• (2)

  For the purposes of section 171I(1) of the Act, development is prescribed significant development if —

  • (a)

    for development in an area to which the Swan Valley Planning Scheme applies — the estimated cost of the development is $20 million or more; or

  • (b)

    for development in an area to which the Metropolitan Region Scheme or the Peel Region Scheme applies —

    • (i)

      the estimated cost of the development is $20 million or more; or

    • (ii)

      the development meets the requirements of subregulation (3);

  or

  • (c)

    otherwise —

    • (i)

      the estimated cost of the development is $5 million or more; or

    • (ii)

      the development meets the requirements of subregulation (4).

• (3)

  For subregulation (2)(b)(ii), the requirements are that —

  • (a)

    the development includes multiple dwellings and at least 5% of the total number of multiple dwellings is community housing that is to be provided by a registered community housing provider on the development’s completion; and

  • (b)

    the applicable planning instrument for the development application does not prohibit development consisting of multiple dwellings; and

  • (c)

    either —

    • (i)

      the development is in an area designated under a planning scheme as residential density code R30, R35, R40, R50, R60, R80, R100, R160, R‑AC0, R‑AC1, R‑AC2, R‑AC3 or R‑AC4; or

    • (ii)

      the development is in an area that is not designated under a planning scheme as a residential density code;

  and

  • (d)

    either or both of the following apply —

    • (i)

      the development is within 800 metres of a railway station;

    • (ii)

      the development is in a relevant activity centre.

• (4)

  For subregulation (2)(c)(ii), the requirements are that —

  • (a)

    the development includes multiple dwellings and at least 5% of the total number of multiple dwellings is community housing that is to be provided by a registered community housing provider on the development’s completion; and

  • (b)

    the applicable planning instrument for the development application does not prohibit development consisting of multiple dwellings; and

  • (c)

    the development is in, or within 800 metres of, an area that is identified under a local planning scheme as a commercial, centre or mixed use zone.

     

N. HAGLEY, Clerk of the Executive Council