Planning Regulations Amendment Regulations 2020 (WA)
G c.zette ISSN 1448-949X (print) PRINT POST APPROVED PP665002/00041 WESTERN AUSTRALIAN GOVERNMENT
4605
ISSN 2204-4264 (online)
| PERTH, FRIDAY, 18 DECEMBER 2020 No. 210 SPECIAL |
PUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER
© STATE OF WESTERN AUSTRALIA
Planning and Development Act 2005
Planning Regulations Amendment
Regulations 2020
SL 2020/252
Made by the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the Planning Regulations Amendment
Regulations 2020.
2. Commencement
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are published in the Gazette;
(b) Part 2 Division 3 — on 1 July 2021; (c) the rest of the regulations — on 15 February 2021.
4606 GOVERNMENT GAZETTE, WA 18 December 2020 Planning Regulations Amendment Regulations 2020
Part 2 Planning and Development (Local Planning Schemes) Regulations 2015 amended
18 December 2020 GOVERNMENT GAZETTE, WA 4607 Planning Regulations Amendment Regulations 2020
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6. Regulation 11 amended
Before regulation 11(2)(a) insert:
(aa) be prepared in a manner and form approved by
the Commission; and
7. Regulation 13 amended
(1) In regulation 13(1):
(a) delete paragraphs (a) and (b) and insert:
(a) publish in accordance with regulation 76A the strategy and a notice giving details of —
(i) how the strategy is made available to the regulation 76A; and
(ii) the manner and form in which submissions may be made; and
(iii) the period under subregulation (2) for making submissions and the last day of that period;
(b) delete paragraph (d).
(2) Delete regulation 13(2) and (3) and insert:
(2) The period for making submissions on a local planning strategy is —
(a)
the period of 21 days after the day on which the notice of the strategy is first published under subregulation (1)(a); or
(b) a longer period approved by the Commission.
4608 GOVERNMENT GAZETTE, WA 18 December 2020 Planning Regulations Amendment Regulations 2020
Part 2 Planning and Development (Local Planning Schemes) Regulations 2015 amended
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11. Regulation 22 amended
(1) Delete regulation 22(1)(b) and (c) and insert:
(b)
how the draft scheme is to be made available to the public in accordance with regulation 76A; and
(c)
the manner and form in which submissions may be made; and
(d)
the period under subregulation (3) for making submissions and the last day of that period.
(2) Delete regulation 22(2)(a) to (e) and insert:
(a) publish in accordance with regulation 76A — (i) the notice; and
(ii) the draft local planning scheme;
(b)
give a copy of the notice to each public authority that the local government considers is likely to be affected by the draft local planning scheme;
(c)
advertise the draft local planning scheme as directed by the Commission and in any other way the local government considers appropriate.
(3) Delete regulation 22(3) and (4) and insert:
(3) The period for making submissions on a draft local planning scheme is —
(a) the period of 90 days after the day on which the subregulation (2)(a)(i); or
4610 GOVERNMENT GAZETTE, WA 18 December 2020 Planning Regulations Amendment Regulations 2020
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(3) Delete regulation 26(5) and insert:
(5) The period for making submissions on the proposed modification is —
(a) the period of 60 days after the day on which the notice under subregulation (4) is first advertised; or (b) a longer period approved by the Commission.
14. Regulation 33 amended
Delete regulation 33(2) and insert:
(2) For the purposes of section 87(4B)(a) of the Act, the
local government must advertise the local planningscheme as follows —
(a) publish a copy of the notice referred to in subregulation (1) in accordance with regulation 76A; (b) publish the local planning scheme in accordance with regulation 76A; (c) notify each person who made a submission in relation to the local planning scheme —
(i) that the local planning scheme has been approved; and
(ii) of the details of how the local planning scheme is made available to the public in accordance with regulation 76A.
(3) Subregulation (2)(b) is an ongoing publication
requirement for the purposes of regulation 76A(5)(a).
4612 GOVERNMENT GAZETTE, WA 18 December 2020 Planning Regulations Amendment Regulations 2020
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r. 17reasonably practicable after the amendment to the
local planning scheme takes effect; and
(b) a structure plan that is the subject of a statement under paragraph (b) must be amended in accordance with the statement as soon as is reasonably practicable after the amendment to the local planning scheme takes effect.
17. Regulation 38 amended
(1) Delete regulation 38(1)(b) and (c) and insert:
(b)
how the amendment is to be made available to the public in accordance with regulation 76A; and
(c)
the manner and form in which submissions may be made; and
(d)
the period under subregulation (3) for making submissions and the last day of that period.
(2) In regulation 38(2):
(a) delete paragraphs (a) and (b) and insert:
(a) publish in accordance with regulation 76A — (i) the notice; and
(ii) the amendment;
(b) delete paragraph (d).
4614 GOVERNMENT GAZETTE, WA 18 December 2020 Planning Regulations Amendment Regulations 2020
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(4) Delete regulation 42(4) and (5) and insert:
(4) Any advertisement of a proposed modification to a
complex amendment to a local planning scheme mustinclude a notice specifying —
(a)
the proposed modification to be made to the advertised amendment to the local planning scheme; and
(b)
details of how the proposed modification is made available to the public; and
(c)
the manner and form in which submissions may be made; and
(d)
the period under subregulation (5) for making submissions and the last day of that period.
(5) The period for making submissions on the proposed modification is —
(a)
the period of 42 days after the day on which the notice under subregulation (4) is first advertised; or
(b) a longer period approved by the Commission.
(5) In regulation 42(7)(a) delete “modifications” and insert: modification 20. Regulation 47 amended
(1) Delete regulation 47(1)(b) and (c) and insert:
(b)
how the amendment is to be made available to the public in accordance with regulation 76A; and
4616 GOVERNMENT GAZETTE, WA 18 December 2020 Planning Regulations Amendment Regulations 2020
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21. Regulation 50 amended
In regulation 50(1) in the definition of submission period delete
“specified in the notice in respect of the amendment referred to
in regulation 47(1).” and insert:
that applies under regulation 47(3).
22. Regulation 51 amended
(1) In regulation 51(2) delete “amendment.” and insert: standard amendment. (2) In regulation 51(3) delete “an amendment” and insert: a standard amendment (3) Delete regulation 51(4) and (5) and insert:
(4) Any advertisement of a proposed modification to a
standard amendment to a local planning scheme mustinclude a notice specifying —
(a)
the proposed modification to be made to the advertised amendment to the local planning scheme; and
(b)
details of how the proposed modification is made available to the public; and
(c)
the manner and form in which submissions may be made; and
(d)
the period under subregulation (5) for making submissions and the last day of that period.
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(ii) should be amended; or
(iii) should be revoked and a new strategy prepared in its place;
and (c) whether any structure plan or local development plan approved under the scheme —
(i) is satisfactory in its existing form; or
(ii) should be amended; or
(iii) should have its approval revoked.
25. Regulation 67 amended
In regulation 67(2) delete the passage that begins with
“must —” and ends with “office of the local government.” and
insert:
must publish in accordance with regulation 76A —
(a) the report; and
(b) notice of the Commission’s decision.
26. Regulations 76A and 76B inserted
At the end of Part 8 insert:
76A. Requirements for making documents available to
public
(1) This regulation applies if under a provision of these
regulations (other than Schedule 1 or 2) a local
government is required to publish in accordance with
this regulation a notice, scheme, amendment or other
document (the document).
4620 GOVERNMENT GAZETTE, WA 18 December 2020 Planning Regulations Amendment Regulations 2020
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(b) if the document is published in compliance with a requirement to advertise for submissions or recommendations under these regulations —
during the whole of the period within which
submissions or recommendations may be made;
or(c) if paragraphs (a) and (b) do not apply — during a period that the local government considers is
reasonable.
76B. Commission may approve varied requirements for
publication of documents
(1) In this regulation — document has the meaning given in regulation 76A(1); publication requirements means the requirements of
regulation 76A(3) to (5) in relation to making
documents available to the public.(2) If the Commission considers that it is not practicable
for a local government to comply with any of the
publication requirements in relation to documents that
it is or may become required to publish, the
Commission may give the local government a written
notice approving varied requirements that apply in
relation to the local government making documents
available to the public.(3) If a notice under subregulation (2) is in effect in
relation to a local government, the local government is
taken to comply with the applicable publication
requirements in relation to a document if the local
government complies with those requirements as varied
by the notice.
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r. 30Division 2 comes into operation, this regulation applies subject to Schedule 2 clause 92 (as that clause applies as part of local planning schemes).
30. Part 9 Division 2 inserted
At the end of Part 9 insert:
Division 2 — Transitional provisions for Planning Regulations Amendment Regulations 2020
82. Advertising processes in progress on commencement day
(1) In this regulation — amended regulations means these regulations as
amended by the Planning Regulations Amendment
Regulations 2020 Part 2 Division 2;commencement day means the day on which the Planning Regulations Amendment Regulations 2020 Part 2 Division 2 comes into operation; former regulations means these regulations as in force
immediately before commencement day;relevant advertising process —
(a) means any of the following processes — (i) the advertising of a local planning strategy, or amendment to a local planning strategy, under regulation 13;
(ii) the advertising of a resolution to prepare or adopt a local planning scheme under regulation 20;
(iii) the advertising of a draft local planning scheme under regulation 22;
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r. 31(4) If the process of advertising an amendment to a local planning scheme commenced before commencement day, regulation 35A does not apply to the amendment.
31. Schedule 1 clause 8 amended
In Schedule 1 clause 8(d) delete “plans, activity centre plans and”
and insert:
plans and
32. Schedule 1 clause 18 amended
(1) In Schedule 1 clause 18(2):
(a) delete “giving notice” and insert: advertising the application
(b) delete the notes and insert: Notes for this clause:
1. The development approval of the local government may be required to carry out works on land in addition to any approval granted for the use of land. In normal circumstances 1 application is made for both the
carrying out of works on, and the use of, land.
2. Under clause 61 of the deemed provisions, certain works and uses are exempt from the requirement for development approval.
3. Clause 67 of the deemed provisions deals with the consideration of applications for development approval by the local government. Under that clause, development approval cannot be granted for development that is a class X use in relation to the zone in which the development is located, except in certain circumstances where land is being used for a non-conforming use.
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(2) Delete Schedule 1 clause 25(4) and insert:
(4) The R-Codes apply to an area if —
(a) the area has a coding number superimposed on it in accordance with subclause (3); or (b) a provision of this Scheme provides that the R-Codes apply to the area.
35. Schedule 1 clause 27 amended
Delete Schedule 1 clause 27(2) and insert:
(2) The local government must ensure that State Planning
Policy 3.6 is published in accordance with clause 87 of the
deemed provisions.(3) Subclause (2) is an ongoing publication requirement for the
purposes of clause 87(5)(a) of the deemed provisions.
36. Schedule 1 clause 29 amended
Delete Schedule 1 clause 29(2) and insert:
(2) The local government must ensure that each State planning
policy referred to in subclause (1) is published in accordance
with clause 87 of the deemed provisions.(3) Subclause (2) is an ongoing publication requirement for the
purposes of clause 87(5)(a) of the deemed provisions.
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18 December 2020 GOVERNMENT GAZETTE, WA 4629 Planning Regulations Amendment Regulations 2020
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r. 40
Table
Additional requirements that apply to land covered by structure plan
or local development plan
No. Description of land Requirement (The Table of additional requirements that apply to land as a result
of a precinct structure plan, a structure plan approved before
19 October 2015 or a local development plan may be set out as aSchedule to the Scheme.
If no additional requirements are to apply as a result of a structure
plan of that kind or a local development plan that applies in the
Scheme area, insert the words “There are no additional
requirements that apply to this Scheme.”.)
40. Schedule 1 clause 34 amended
(1) In Schedule 1 clause 34(4)(a) delete “clause 64” and insert: clause 64(4) (2) In Schedule 1 clause 34(5)(a) delete “clause 67” and insert: clause 67(2)
4630 GOVERNMENT GAZETTE, WA 18 December 2020 Planning Regulations Amendment Regulations 2020
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18 December 2020 GOVERNMENT GAZETTE, WA 4631 Planning Regulations Amendment Regulations 2020
Planning and Development (Local Planning Schemes) Part 2
Regulations 2015 amended
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r. 44
(2) In Schedule 1 clause 38 in the definition of hospital delete “Hospitals and Health Services Act 1927 section 2(1);” and insert: Health Services Act 2016 section 8(4); 44. Schedule 2 clause 1 amended
(1) In Schedule 2 clause 1 delete “In this Scheme —” and insert: If a word or expression used in this Scheme is listed in this
clause, its meaning is as follows —
(2) In Schedule 2 clause 1 insert in alphabetical order: activity centre means —
(a)
an area of land identified in accordance with a State planning policy as an activity centre; or
(b)
an area of land identified by the Commission as an activity centre;
ancillary dwelling has the meaning given in the R-Codes;
building height, in relation to a building —
(a) if the building is used for residential purposes — has the meaning given in the R-Codes; or
(b) if the building is used for purposes other than residential purposes — means the maximum
vertical distance between the natural ground level
and the finished roof height directly above,
excluding minor projections as that term is defined
in the R-Codes;
class A use, in relation to a zone, means a use identified in the zoning table for this Scheme (regardless of the symbol used) as a use that is not permitted in the zone unless the
local government has exercised its discretion by granting
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18 December 2020 GOVERNMENT GAZETTE, WA 4633 Planning Regulations Amendment Regulations 2020
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r. 44in the zoning table for this Scheme in respect of the
zone in which the development is located; or
(b)
an application of a kind identified elsewhere in this Scheme, or in a local planning policy, as a complex application for development approval;
container has the meaning given in the WARR Act
section 47C(1);
container collection cage means a cage or other structure in
which members of the public may place empty containers
for the purposes of the container deposit scheme, withoutreceiving payment of the refund amount in exchange;
container deposit recycling centre means a refund point that
has or can accommodate facilities for the consolidation or
sorting of empty containers pending collection for thepurposes of the container deposit scheme;
container deposit scheme means the scheme established by
the WARR Act Part 5A;deemed-to-comply provision, of the R-Codes, means a provision of the R-Codes described in the R-Codes as a deemed-to-comply provision or a deemed-to-comply
requirement;
drop-off refund point means a refund point that —
(a) is located in a building; and (b) is not a container deposit recycling centre;
excluded holiday period day means a day that is in —
(a)
a period commencing on 25 December in a year and ending on the next 1 January; or
(b)
a period of 7 days commencing on Good Friday in a year;
frontage, in relation to a building —
(a) if the building is used for residential purposes — has the meaning given in the R-Codes; or
(b) if the building is used for purposes other than residential purposes — means the line where a road
reserve and the front of a lot meet and, if a lot abuts
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Amendments commencing on 15 February 2021 Division 2
r. 44apply to the land, the more recent of the
following) —
(i) a condition on an approval of a plan of subdivision that specifies a ground level;
(ii) a previous development approval for site works on the land that specifies a ground level;
or
(b) if paragraph (a) does not apply — the level of the land before any disturbance to the land relating to
the development;
net lettable area or nla means the area of all floors within the internal finished surfaces of permanent walls but does
not include the following areas —
(a) stairs, toilets, cleaner’s cupboards, lift shafts and motor rooms, escalators, tea rooms and plant rooms,
and other service areas;(b)
lobbies between lifts facing other lifts serving the same floor;
(c)
areas set aside as public space or thoroughfares and not for the exclusive use of occupiers of the floor or building;
(d)
areas set aside for the provision of facilities or services to the floor or building where those facilities are not for the exclusive use of occupiers of the floor or building;
non-conforming use has the meaning given in section 172
of the Act;
Peel Region Scheme area means the area to which the Peel
Region Scheme applies;
refund amount has the meaning given in the WARR Act
section 47C(1);
refund point has the meaning given in the WARR Act
section 47C(1);
4636 GOVERNMENT GAZETTE, WA 18 December 2020 Planning Regulations Amendment Regulations 2020
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r. 45from the natural ground level of the boundary of the property that is closest to the wall to the point where the wall meets the roof or parapet;
WARR Act means the Waste Avoidance and Resource
Recovery Act 2007;
(3) In Schedule 2 clause 1 in the definition of built heritage conservation delete “Heritage of Western Australia Act 1990
section 3(1);” and insert:Heritage Act 2018 section 4; (4) In Schedule 2 clause 1 in the definition of cultural heritage significance delete “meaning given in the Heritage of Western
Australia Act 1990 section 3(1);” and insert:the meaning given in the Heritage Act 2018 section 5(1); (5) In Schedule 2 clause 1 in the definition of works paragraph (c) delete “a Conservation Order made under the Heritage of Western Australia Act 1990 section 59” and insert: a protection order made under the Heritage Act 2018 Part 4 Division 1 45. Schedule 2 clauses 1A to 1C inserted
At the end of Schedule 2 Part 1 insert:
1A. Heritage-protected places
(1) A heritage-protected place is a place —
(a)
that is entered in the State Register of Heritage Places under the Heritage Act 2018 section 42; or
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r. 46(ii) for a provision of a local development plan or local planning policy where the plan or policy is required to be approved by the
Commission under the R-Codes — the plan
or policy is approved by the Commission;
or
(b) a provision that — (i) is in a structure plan that was approved before 19 October 2015; and
(ii) amends or replaces the deemed-to-comply provision.
1C. Excluded holiday period days not counted in time
periodsFor the purposes of this Scheme, an excluded holiday period
day is not to be counted in calculating a period of time that
is expressed as a number of days, business days or working
days.46. Schedule 2 clause 4 amended
(1) Delete Schedule 2 clause 4(1)(a) and insert:
(a) publish in accordance with clause 87 the proposed policy and a notice giving details of —
(i) the subject and nature of the proposed policy; and
(ii) the objectives of the proposed policy; and
(iii) how the proposed policy is made available to the public in accordance with clause 87; and
(iv) the manner and form in which submissions may be made; and
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r. 47(7) Subclause (6) is an ongoing publication requirement for the
purposes of clause 87(5)(a).
47. Schedule 2 clause 6 amended
Delete Schedule 2 clause 6(b)(ii) and insert:
(ii) published by the local government in accordance with clause 87.
48. Schedule 2 clause 7 amended
In Schedule 2 clause 7 in the definition of place delete “Heritage
of Western Australia Act 1990 section 3(1).” and insert:
Heritage Act 2018 section 7(1).
49. Schedule 2 clause 8 amended
(1) Delete Schedule 2 clause 8(2) and insert:
(2) A heritage list established under subclause (1) must set out a
description of each place and the reason for its entry on the
heritage list.(2A) The local government must ensure that an up-to-date copy
of the heritage list is published in accordance with clause 87.(2B) Subclause (2A) is an ongoing publication requirement for
the purposes of clause 87(5)(a).
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r. 51(ii) erecting a sign giving notice of the proposed designation in a prominent location in the area that would be affected by the designation;
and
(c)
carry out any other consultation the local government considers appropriate.
(4) Notice of a proposed designation under subclause (3)(b) must specify —
(a)
the area that is the subject of the proposed designation; and
(b)
details of how the proposed local planning policy for the heritage area is made available to the public under clause 4(1)(a); and
(c)
the manner and form in which submissions may be made; and
(d)
the period for making submissions and the last day of that period.
(5) The period for making submissions specified in the notice under subclause (4)(d) must not be less than the period of 21 days after the day on which the notice is first published under subclause (3)(b)(i).
51. Schedule 2 clause 10 amended
In Schedule 2 clause 10(1) delete “Heritage of Western Australia
Act 1990 section 29,” and insert:
Heritage Act 2018 Part 7,
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(b)
any heritage area that was designated under the former Scheme immediately before this Scheme comes into operation continues under this Scheme
and is taken to be a heritage area designated under
clause 9; and(c)
any local planning policy of a kind referred to in clause 9(2) in effect under the former Scheme immediately before this Scheme comes into operation continues under this Scheme and is taken to be a local planning policy in effect under Part 2 Division 2.
(3) This clause does not prevent the amendment, modification or revocation under this Scheme of the heritage list or any designation of a heritage area or local planning policy.
54. Schedule 2 clause 14 replaced
Delete Schedule 2 clause 14 and insert:
14. Terms used
In this Part —
precinct structure plan means a plan for the coordination of
future subdivision, zoning and development of an area of
land;standard structure plan means a plan for the coordination
of future subdivision and zoning of an area of land;structure plan means a standard structure plan or a precinct
structure plan.
4646 GOVERNMENT GAZETTE, WA 18 December 2020 Planning Regulations Amendment Regulations 2020
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18 December 2020 GOVERNMENT GAZETTE, WA 4647 Planning Regulations Amendment Regulations 2020
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r. 56
(b) a precinct structure plan must also include the following information —
(i) the standards to be applied for the buildings, other structures and works that form part of the subdivision and development covered
by the plan;
(ii) arrangements for the management of development covered by the plan;
(iii) arrangements to be made for vehicles to access the area covered by the plan;
(iv) the proposed staging of the development covered by the plan.
56. Schedule 2 clause 18 amended
Delete Schedule 2 clause 18(2) and (3) and insert:
(2) The local government —
(a) must advertise the proposed structure plan by publishing in accordance with clause 87 —
(i) the proposed structure plan; and
(ii) a notice of the proposed structure plan; and
(iii) any accompanying material in relation to the proposed structure plan that the local government considers should be published;
and (b) may also advertise the proposed structure plan by doing either or both of the following —
(i) giving notice of the proposed structure plan to owners and occupiers who, in the opinion of the local government, are likely to be
affected by the approval of the proposed
structure plan;
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r. 59approval is granted (or, if development approval is not
required, before development commences).
(2) In Schedule 2 clause 24(2) after “(1)” insert: or (1A)
Note: The heading to amended Schedule 2 clause 24 is to read: Structure plan may provide for later approval of details of
subdivision or development
59. Schedule 2 clause 28 replaced
Delete Schedule 2 clause 28 and insert:
28. Duration of approval
(1) Subject to this clause and clause 29A, the approval of a structure plan has effect for —
(a)
the period of 10 years commencing on the day on which the Commission approves the plan; or
(b)
another period determined by the Commission when approving the plan.
(2) The Commission may extend the period for which the
approval of a structure plan has effect under subclause (1) if
there are no changes to the terms of the plan.(3) The Commission may revoke its approval of a structure plan if —
(a)
a new structure plan is approved in relation to the area to which the structure plan to be revoked relates; or
(b)
the Commission considers that the plan has been implemented or is otherwise no longer required; or
(c)
the Commission considers that the structure plan cannot be effectively implemented because of a
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r. 62
(b) the amendment includes a statement in relation to the structure plan under the Planning and Development (Local Planning Schemes)
Regulations 2015 regulation 35A(a).
(2) If an amendment to this Scheme that affects the area to
which a structure plan relates takes effect, and that
amendment includes a statement in relation to the structure
plan under the Planning and Development (Local Planning
Schemes) Regulations 2015 regulation 35A(b), the
Commission must as soon as is reasonably practicable
amend the structure plan in accordance with the statement.(3) The procedures referred to in clause 29(2) do not apply in
relation to the amendment of a structure plan under
subclause (2).
62. Schedule 2 Part 5 deleted
Delete Schedule 2 Part 5.
63. Schedule 2 clause 47 amended
In Schedule 2 clause 47:
(a) in paragraph (b) delete “a structure plan” and insert: a local planning policy or structure plan
(b) delete paragraph (c) and insert:
(c)
another provision of this Scheme requires a local development plan to be prepared for the area; or
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Part 2 Planning and Development (Local Planning Schemes) Regulations 2015 amended
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r. 65
(b)
the period for making submissions and the last day of that period.
(5) The period for making submissions specified in a notice
under subclause (4)(b) must not be less than the period of
14 days after the day on which the notice of the proposed
local development plan is first published under
subclause (2)(a)(ii).
65. Schedule 2 clause 51 amended
In Schedule 2 clause 51(c) delete “clause 67” and insert:
clause 67(2)
66. Schedule 2 clause 52 amended
(1) After Schedule 2 clause 52(1) insert: (1A) The local government must not approve a local development plan under subclause (1) if —
(a) the local development plan amends or replaces a deemed-to-comply provision of the R-Codes; and (b) under the R-Codes, the Commission’s approval is
required for the local development plan; and
(c)
the Commission has not approved the local development plan.
(2) In Schedule 2 clause 52(2)(a) delete “specified in a notice given or published under clause 50(2)” and insert: specified in accordance with clause 50(5)
4654 GOVERNMENT GAZETTE, WA 18 December 2020 Planning Regulations Amendment Regulations 2020
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r. 70
70. Schedule 2 clause 61 replaced
Delete Schedule 2 clause 61 and insert:
61. Development for which development approval not required
(1) Development approval is not required for works if —
(a) the works are of a class specified in Column 1 of an item in the Table; and (b) if conditions are set out in Column 2 of the Table opposite that item — all of those conditions are
satisfied in relation to the works.
Table
Column 1 Column 2 Works Conditions
1. The demolition or removal of The works are not located in a any of the following — heritage-protected place.
(a) a single house; (b) an ancillary dwelling; (c) an outbuilding; (d) an external fixture; (e) a boundary wall or
fence;(f) a patio; (g) a pergola; (h) a verandah; (i) a deck;
(j) a garage; (k) a carport;
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Column 1 Column 2 Works Conditions
6. The erection of, or alterations (a) The R-Codes apply to the or additions to, a single works. house on a lot. (b) The works comply with the provisions of the R-Codes.
(c) The works are not located in a heritage-protected place. 7. The erection or installation (a) The R-Codes apply to the of, or alterations or additions works. to, any of the following on (b) The works comply with the the same lot as a single house deemed-to-comply or a grouped dwelling — provisions of the R-Codes.
(a) an ancillary dwelling;
(c) The works are not located in
(b) an outbuilding; a heritage-protected place. (c) an external fixture; (d) a boundary wall or
fence;(e) a patio; (f) a pergola; (g) a verandah; (h) a deck; (i) a garage; (j) a carport.
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Column 1 Column 2 Works Conditions
(d) The advertisement is removed no later than 48 hours after the election, referendum or poll is
conducted.(e) The advertisement is not
erected or installed within
1.5 m of any part of acrossover or street truncation.
10. The erection or installation of (a) The sign complies with any a sign of a class specified in requirements specified in the a local planning policy or local planning policy or local local development plan that development plan in relation applies to the works as not to the exemption from the requiring development requirement for development approval. approval. (b)
The sign is not erected or installed within 1.5 m of any part of a crossover or street truncation.
(c) The works are not located in a heritage-protected place. 11. Works to change an existing (a) The erection or installation of sign that has been erected or the existing sign was the installed on land. subject of development
approval or was exempt from
the requirement for
development approval.(b) The changes do not alter the existing sign or result in the
sign containing any
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Column 1 Column 2 Works Conditions
13. The erection or installation of (a) The cubbyhouse is not a cubbyhouse. erected or installed in the
street setback area of a
building.(b)
The floor of the cubbyhouse is no more than 1 m above the natural ground level.
(c) cubbyhouse is no more than
The wall height of the ground level.
(d) cubbyhouse is no more than
The building height of the level.
(e) The area of the floor of the cubbyhouse is no more than 2
10 m .
(f) The cubbyhouse is not
erected or installed within
1 m of more than 1 boundaryof the lot.
14. The erection or installation of (a) The height of the flagpole is a flagpole. no more than 6 m above the
natural ground level.(b)
The flagpole is no more than 200 mm in diameter.
(c)
The flagpole is not used for advertising.
(d) There is no more than 1 flagpole on the lot.
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Column 1 Column 2 Works Conditions
19. Works that are wholly
located on an area identified as a regional reserve under a
region planning scheme.
20.
Works specified in a local The works comply with any planning policy or local requirements specified in the local development plan that planning policy or local applies to the works as works development plan in relation to the that do not require exemption from the requirement for development approval (other development approval. than works referred to in
item 10).
21.
Works of a type identified The works comply with any elsewhere in this Scheme as requirements specified in this works that do not require Scheme in relation to the exemption development approval. from the requirement for development approval.
Notes for this subclause:
1. Approval may be required from the Commission for development on a regional reserve under a region planning scheme.
2. Section 157 of the Act applies in respect of the carrying out of works necessary to enable the subdivision of land if the Commission has approved a plan of the subdivision.
3. Section 6 of the Act applies in respect of the carrying out of public works.
4. Clause 1B sets out circumstances in which development is taken to comply with a deemed-to-comply provision of the R-Codes.
(2) Development approval of the local government is not
required for the following uses —
(a)
a use that is wholly located on an area identified as a regional reserve under a region planning scheme;
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r. 70(3) For the purposes of subclause (2)(c), a use of land is an
exempt class D use in relation to the zone in which the landis located if —
(a) the use is a class D use in relation to the zone; and (b) the use is of a class set out in Column 1 of an item in the Table; and (c) the zone is of a class set out in Column 2 of the Table opposite that item; and (d) if conditions are set out in Column 3 of the Table opposite that item — all of those conditions are
satisfied in relation to the use.
Table
Column 1 Column 2 Column 3 Use Zones Conditions
1. Shop Commercial, Net lettable area is no more 2
centre or mixed than 300 m . use zone
2. Restaurant/cafe Commercial, Net lettable area is no more 2
centre or mixed than 300 m . use zone
3. Convenience Commercial, Store is not used for the store centre or mixed sale of petroleum products. use zone 4. Consulting Commercial, No more than 60% of the rooms centre or mixed glass surface of any use zone window on the ground floor
of the consulting rooms isobscured glass. 5. Office Commercial, Office is not located on the centre or mixed ground floor of a building. use zone
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r. 70(4)
A reference in Column 1 of the Table to subclause (3) to a class of land use is a reference to that use as defined in the
Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 1 clause 38, whether or not —
(a) the relevant definition is included in this Scheme; or (b)
this Scheme includes a different definition for that use; or
(c)
this Scheme refers to that class of land use by a different name.
(5) Subclause (2) has effect despite the zoning table for this
Scheme.(6) Despite subclauses (1) and (2), an exemption under those subclauses does not apply to development if —
(a)
the development is undertaken in a special control area and the special provisions that apply to that area under this Scheme provide that development approval is required for the development; or
(b)
the development is undertaken on land designated by an order made under the Fire and Emergency Services Act 1998 section 18P as a bush fire prone area and development approval is required under clause 78D(3) for the development.
(7)
An exemption from the requirement for development approval that applies under this clause (other than an exemption under item 10 or 20 in the Table to subclause (1))
is not affected by any provision of a local planning policy or
local development plan.(8) If development consists of both works and use of land —
(a)
subject to subclause (2)(b)(ii) and (c)(ii), any exemption under subclause (1) that applies to the works does not affect whether development approval is required for the use; and
(b)
any exemption under subclause (2) that applies to the use does not affect whether development approval is required for the works.
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r. 71government is not satisfied as referred to in
paragraph (a).
(5) The local government may, by written notice given to the Commission and published in accordance with clause 87 —
(a) elect to provide advice under this clause; or (b) revoke an election under paragraph (a).
71. Schedule 2 clause 64 replaced
Delete Schedule 2 clause 64 and insert:
63A. Action by local government on receipt of application
(1) On receipt of an application for development approval, the local government must —
(a) consider whether the application and accompanying material comply with clauses 62 and 63; and (b) within 7 days after the day on which the application is received, advise the applicant by written notice —
(i) if the local government is satisfied that the application and accompanying material
comply with clauses 62 and 63 — that the
application has been accepted for
assessment; or(ii) otherwise — that the applicant must amend
the application, or provide further accompanying material, before the application can be accepted for assessment.
(2) If the local government does not give advice under
subclause (1)(b) within the 7-day period referred to in that
subclause, the application is taken to be accepted for
assessment on the day after the end of that period.(3) If the local government gives advice under
subclause (1)(b)(ii) and the applicant amends the application
4670 GOVERNMENT GAZETTE, WA 18 December 2020 Planning Regulations Amendment Regulations 2020
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r. 71(3) For the purposes of subclause (1)(a), a complex application is advertised by doing all of the following —
(a) publishing in accordance with clause 87 — (i) a notice of the proposed development in the form set out in clause 86(3); and
(ii) the application for development approval; and
(iii) any accompanying material in relation to the application that the local government considers should be published;
(b) giving notice of the proposed development — (i) to the owners and occupiers of every property that is within 200 m of the proposed development; and
(ii) to any other owners and occupiers of properties in the vicinity of the proposed development who, in the opinion of the local government, are likely to be affected by the granting of development approval;
(c)
erecting, in the manner and form approved by the Commission, a sign or signs in a conspicuous place on the land the subject of the application giving notice of the proposed development in the form set out in clause 86(3).
Note for this subclause:
Under clause 88, the Commission may approve varied
requirements that apply if it is not practicable for the localgovernment to comply with subclause (3)(b) or (c).
(4) For the purposes of subclause (1)(b) or (c), an application
that is not a complex application is advertised by doing any
or all of the following, as determined by the localgovernment —
(a) publishing in accordance with clause 87 — (i) a notice of the proposed development in the form set out in clause 86(3); and
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r. 72(7) The period to be specified in a notice published or given, or
on a sign erected, in accordance with subclause (4) in
relation to an application that is not a complex applicationis —
(a)
the period of 14 days after the day on which the notice of the application is first published or given, or the sign is first erected, as the case requires; or
(b)
a longer period agreed in writing between the applicant and the local government.
64A. Applicant for development approval may be required to
pay costs of advertising or erect signs
(1) The local government may require an applicant for development approval to pay the costs of the local government advertising the application for development approval under clause 64. (2) The local government may, instead of erecting signs under
clause 64(3)(c) or (4)(c), require the applicant for
development approval to erect those signs.
72. Schedule 2 clauses 65A and 65B inserted
At the beginning of Schedule 2 Part 9 insert:
65A. Local government may request additional information
or material
(1) If an application for development approval has been
accepted for assessment, the local government may, by
written notice given to the applicant, request the applicant to
provide any further information or material that the local
government reasonably requires to determine the
application.
4674 GOVERNMENT GAZETTE, WA 18 December 2020 Planning Regulations Amendment Regulations 2020
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r. 73(4) For the purposes of subclause (3), the period —
(a) begins on the day on which the applicant agrees to the request; and (b) ends on the earlier of the following — (i) the day on which the applicant gives the information or material specified in the request to the local government;
(ii) the last day of the period stated in the notice of request under clause 65A(3).
(5) If an applicant refuses a request under clause 65A(1) —
(a) the local government must not refuse to determine the application for development approval merely because the applicant has refused the request; and (b) the making of the request does not affect when the application for development approval must be determined under clause 75(1).
73. Schedule 2 clause 66 amended
(1) In Schedule 2 clause 66(3) delete “allows,” and insert: allows in accordance with subclause (3A), (2) After Schedule 2 clause 66(3) insert: (3A) The local government may extend the 42-day period
referred to in subclause (3) once only by a period of not
more than 14 days.
4676 GOVERNMENT GAZETTE, WA 18 December 2020 Planning Regulations Amendment Regulations 2020
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r. 74(b) after paragraph (f) insert:
(fa) any local planning strategy for this Scheme
endorsed by the Commission;(c) in paragraph (h) delete “plan, activity centre plan or” and insert:
plan or
(d) delete paragraph (m) and insert:
(m) the compatibility of the development with its
setting, including —
(i) the compatibility of the development with the desired future character of its setting; and
(ii) the relationship of the development to development on adjoining land or on other land in the locality including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development;
(3) At the end of Schedule 2 clause 67 insert:
(3) Subclause (1) has effect despite the zoning table for this
Scheme.Note: The heading to amended Schedule 2 clause 67 is to read:
Consideration of application by local government
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r. 77
77. Schedule 2 clause 75 amended
Delete Schedule 2 clause 75(1)(a) and (b) and insert:
(a) if the application is advertised in compliance with a requirement under clause 64(1)(a) or (b) or a copy of the application is provided to a statutory, public or planning authority under clause 66 — within
90 days after the day on which the application is
accepted for assessment; or(b) otherwise — within 60 days after the day on which the application is accepted for assessment; or
78. Schedule 2 clause 86 amended
In Schedule 2 clause 86(3):
(a) delete “clause 64(4)” and insert: clause 64(3)(a)(i) or (c) or (4)(a)(i) or (c)
(b) in the Form delete:
Details of the proposal are available for inspection at the local government office. Comments on the proposal may be submitted to the local government in writing on or before the ............ day of ...............................
and insert:
Details of the proposal are available to the public at ...................
Submissions may be made on the proposal in the period ending on the
........... day of ............................... Comments on the proposal may be
submitted to the local government in writing on or before that day.
4680 GOVERNMENT GAZETTE, WA 18 December 2020 Planning Regulations Amendment Regulations 2020
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r. 79(5) The local government must ensure that the document
remains published under subclause (3)(a) and (if applicable)available for public inspection under subclause (3)(b) —
(a) if the document is published in compliance with a requirement that is expressed to be an ongoing publication requirement — at all times that the
document is in effect; or
(b) if the document is published in compliance with a requirement to advertise for submissions under this Scheme — during the whole of the period within
which submissions may be made; or
(c) if paragraphs (a) and (b) do not apply — during a period that the local government considers is
reasonable.
88. Commission may approve varied requirements for publication of documents and advertising of complex applications
(1) In this clause — complex application notice and signage requirements means the requirements of clause 64(3)(b) and (c) in relation
to advertising complex applications;document has the meaning given in clause 87(1); publication requirements means the requirements of
clause 87(3) to (5) in relation to making documents
available to the public.(2) If the Commission considers that it is not practicable for the
local government to comply with any of the publication
requirements in relation to documents that it is or may
become required to publish, the Commission may give the
local government a written notice approving varied
requirements that apply in relation to the local government
making documents available to the public.(3)
If a notice under subclause (2) is in effect, the local government is taken to comply with the applicable publication requirements in relation to a document if the
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r. 79amended by the Planning Regulations Amendment
Regulations 2020 Part 2 Division 2;
commencement day means the day on which the Planning
Regulations Amendment Regulations 2020 Part 2 Division 2comes into operation;
former deemed provisions means the deemed provisions of
this Scheme set out in the Planning and Development (Local
Planning Schemes) Regulations 2015 Schedule 2 as in force
immediately before commencement day.90. Application of amendments made by Planning
Regulations Amendment Regulations 2020
(1) The amendments to Part 7 made by the Planning
Regulations Amendment Regulations 2020 do not apply inrelation to development —
(a) that commenced before commencement day; or (b)
for which development approval was granted before commencement day.
(2) The amendments to Parts 8 and 9 made by the Planning
Regulations Amendment Regulations 2020 do not apply in
relation to an application for development approval made
before commencement day.91. Advertising processes in progress on commencement day
(1) In this clause — relevant advertising process —
(a) means any of the following processes — (i) the advertising of a proposed local planning policy, or amendment to a local planning policy, under clause 4;
(ii) the advertising of the proposed designation of a heritage area, or the proposed amendment or revocation of the designation of a heritage area, under clause 9;
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r. 79that is in effect under this Scheme immediately
before commencement day;
current structure plan —
(a)
means a structure plan under this Scheme for which the approval is in effect immediately before commencement day; and
(b)
includes a plan taken to be a structure plan under the Planning and Development (Local Planning Schemes) Regulations 2015 regulation 79 that is in
effect under this Scheme immediately before
commencement day.
(2) On and after commencement day, a current activity centre plan —
(a) continues in effect under this Scheme; and (b)
is taken to be a precinct structure plan approved under this Scheme for which the approval has effect; and
(c) may be amended or revoked accordingly.
(3) On and after commencement day, a current structure plan —
(a) continues in effect under this Scheme; and (b)
is taken to be a standard structure plan approved under this Scheme for which the approval has effect; and
(c) may be amended or revoked accordingly.
(4) Clause 28 of the amended deemed provisions applies to a
structure plan, whether it is a plan referred to in
subclause (2) or (3) or a plan approved under this Scheme
on or after commencement day.93. Activity centre plans or amendments in course of preparation on commencement day
(1) In this clause — preparation and approval process, in relation to an activity centre plan or amendment to an activity centre plan, means
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r. 80
(4) If subclause (3) does not apply, on and after commencement day —
(a)
the proposed activity centre plan or amendment is taken to be a proposed precinct structure plan or amendment to a precinct structure plan; and
(b)
the steps taken before commencement day in the preparation and approval process for the plan or amendment are taken to have been taken under and
in accordance with the equivalent provision of
Part 4 of the amended deemed provisions.
Division 3 — Amendments commencing on 1 July 2021
80. Schedule 2 Part 9A inserted
After Schedule 2 clause 77 insert:
Part 9A — Provisions about car parking
Division 1 — General
77A. Terms used In this Part — applicable minimum on-site parking requirement, in relation to development —
(a) means a minimum on-site parking requirement that applies to the development (and, if the local government has varied a minimum on-site parking requirement in relation to the development under clause 77D(1)(a), means that requirement as so varied); but (b) does not include a minimum on-site parking requirement that has been waived in relation to the development under clause 77D(1)(b);
minimum on-site parking requirement means a provision of this Scheme, or a local planning policy, that provides for
4688 GOVERNMENT GAZETTE, WA 18 December 2020 Planning Regulations Amendment Regulations 2020
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r. 80
A is the actual number of car parking spaces to be
provided as part of the development.
77D. Variation of minimum on-site parking requirement in
relation to development
(1) The local government may —
(a)
vary a minimum on-site parking requirement that applies to development so that the minimum number of car parking spaces that must be provided as part of the development is a lower number; or
(b)
waive a minimum on-site parking requirement that applies to development.
(2)
The local government must not vary or waive a minimum on-site parking requirement under subclause (1) in relation
to development unless the local government is satisfied —
(a) with the minimum on-site parking requirement
without adversely affecting access arrangements,that reasonable efforts have been made to comply open space, street trees or service infrastructure; and
(b) that — (i) in the case of a variation — the lower
number of car parking spaces would be
adequate for the demands of the
development, having regard to the likely
use of the car parking spaces, the
availability of off-site parking facilities and
the likely use of alternative means of
transport; or(ii) in the case of a waiver — it is not necessary
for car parking spaces to be provided as part
of the development, having regard to the
availability of off-site parking facilities and
the likely use of alternative means of
transport.
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r. 80(ii) the remainder of the car parking spaces in the parking space shortfall are to be dealt with by the shared parking arrangement
condition.
(2) If the local government gives a notice of apportionment under subclause (1)(b), then —
(a) for the purpose of imposing the payment in lieu of parking condition in accordance with clause 77H, the parking space shortfall for the development is taken to be the number of car parking spaces specified in the notice under subclause (1)(b)(i); and
(b)
for the purpose of imposing the shared parking arrangement condition in accordance with clause 77Q, the parking space shortfall for the development is taken to be the number of car parking spaces specified in the notice under subclause (1)(b)(ii).
Division 2 — Payment in lieu of provision of car parking spaces
77G. When payment in lieu of parking condition may be
imposed
(1) The local government must not impose a payment in lieu of
parking condition on an approval of development under
clause 68(2)(b) otherwise than in accordance with
clause 77H.(2) The local government must not impose a payment in lieu of
parking condition on an approval of development under
clause 68(2)(b) in accordance with clause 77H unless a
payment in lieu of parking plan that applies to the area in
which the development is to be located is in effect under this
Division.
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minimum on-site parking requirement, the local government may under clause 68(2)(b) impose a condition requiring the owner of the land on which the development is to be located to make a payment to the local government in lieu of
satisfying the applicable minimum on-site parking
requirement.
(2) The maximum amount of the payment required under a
condition referred to in subclause (1) is the amount
calculated in accordance with the determination under
subclause (4).(3)
Subclause (2) does not prevent the local government from imposing a condition that requires a payment that is lower than the maximum amount referred to in that subclause.
(4)
The Commission must, by notice published in the Gazette, determine the method to be used to calculate a reasonable estimate of the costs to the local government of providing in
the area to which the relevant payment in lieu of parking plan applies a number of car parking spaces equivalent to the parking space shortfall for the development.
(5) A determination under subclause (4) may provide for
different calculation methods that apply in different
circumstances.(6) The Commission may revoke a determination under
subclause (4) by a subsequent determination under that
subclause.(7) A determination under subclause (4) may be combined in a
single instrument with 1 or more other determinations of
that kind issued under 1 or more other local planning
schemes or all other local planning schemes.
77I. Application of money paid under payment in lieu of
parking condition
(1)
All money received by the local government in accordance with a payment in lieu of parking condition imposed on an approval of development in accordance with clause 77H
must be paid into a reserve account established under the
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Part 2 Planning and Development (Local Planning Schemes) Regulations 2015 amended
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Planning and Development (Local Planning Schemes) Part 2 Regulations 2015 amended
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(7)
If subclause (6) applies, then despite subclauses (2) and (3), the money and interest referred to in subclause (4)(b)(i) and
(ii) may be applied for any purpose that —
(a)
relates to the provision or maintenance of public parking infrastructure or other transport infrastructure (for example, public transport infrastructure or cycling or pedestrian paths) in the Scheme area; or
(b)
is ancillary or incidental to purposes referred to in paragraph (a).
77J. Payment in lieu of parking plan
(1) A payment in lieu of parking plan is a plan setting out the following —
(a) the area to which the plan applies; (b) the purposes for which money paid in accordance with any payment in lieu of parking condition imposed by the local government on an approval of development located in the area will be applied, which must —
(i) relate to the provision or maintenance of public parking infrastructure or other transport infrastructure (for example, public transport infrastructure or cycling or pedestrian paths) in the area to which the plan applies; or
(ii) be ancillary or incidental to purposes referred to in subparagraph (i);
(c) any other information required by the Commission.
(2) The local government may —
(a)
prepare a payment in lieu of parking plan for any part of the Scheme area; or
(b)
adopt a payment in lieu of parking plan prepared by an owner of land in the part of the Scheme area to which the plan would apply.
4696 GOVERNMENT GAZETTE, WA 18 December 2020 Planning Regulations Amendment Regulations 2020
Part 2 Planning and Development (Local Planning Schemes) Regulations 2015 amended
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(4) If the local government approves the payment in lieu of
parking plan under subclause (3)(b)(i) or (ii), the local
government must publish notice of the approval in
accordance with clause 87.
(a) the application is a complex application; or (b)
the application is required to be advertised under clause 64(1)(b); or
(c)
a copy of the application is required to be provided to a statutory, public or planning authority under clause 66; or
(d)
after the application was accepted for assessment, the applicant, on their own initiative, submitted further information or material relevant to the application to the local government and the request relates to that further information or material.
65B. Applicant may agree to or refuse request for additional
information or material
(1)
If a request under clause 65A(1) is made to an applicant for development approval, the applicant may, by written notice given to the local government within 7 days after the day on which the request is made, agree to or refuse the request.
(2)
If the applicant does not agree to or refuse the request within the 7-day period referred to in subclause (1), the applicant is taken to have refused the request.
(3) If an applicant agrees to a request under clause 65A(1), the
period set out in subclause (4) is not to be counted for the
purposes of determining when the application for
development approval must be determined under
clause 75(1).
Division 2 Amendments commencing on 15 February 2021 r. 74 74. Schedule 2 clause 67 amended
(1) At the beginning of Schedule 2 clause 67 insert:
(1) Development approval cannot be granted on an application for approval of —
(a) development that is a class X use in relation to the zone in which the development is located, unless —
(i) the development relates to land that is being used for a non-conforming use; and
(ii) the local government considers that the proposed use of the land would be less detrimental than the non-conforming use;
or
(b) development that otherwise does not comply with a requirement of this Scheme, unless —
(i) this Scheme gives the local government discretion to waive or vary the requirement or to grant development approval despite non-compliance with the requirement; or
(ii) the development is permitted under a provision of this Scheme in relation to non-conforming uses.
(2) In Schedule 2 clause 67:
(a) delete “In considering an application for development approval” and insert:
(2)
In considering an application for development approval (other than an application on which approval cannot be granted under subclause (1)),
Division 2 Amendments commencing on 15 February 2021 r. 75 75. Schedule 2 clause 68 amended
Delete Schedule 2 clause 68(1) and insert:
(1)
If an application for approval of development is advertised under clause 64, the local government must not determine
the application until after the end of —
(a) for a complex application advertised in accordance with clause 64(3) — the period for making
submissions that applies under clause 64(6); or
(b) for an application advertised in accordance with clause 64(4) — each period for making submissions
specified in a notice published or given, or on a sign
erected, in accordance with that clause.
(1A) If a copy of an application for approval of development has
been provided to a statutory, public or planning authority
under clause 66, the local government must not determine
the application until after the end of each period for
providing a memorandum to the local government that
applies under clause 66(3).76. Schedule 2 clause 71 amended
At the end of Schedule 2 clause 71 insert:
Note for this clause:
Under the Planning and Development (Development Assessment
Panels) Regulations 2011 regulation 16A(2), for an application
determined by a Development Assessment Panel the period within
which development must be substantially commenced is 4 years.
Division 2 Amendments commencing on 15 February 2021 r. 79 79. Schedule 2 Parts 12 and 13 inserted
After Schedule 2 clause 86 insert:
Part 12 — Miscellaneous
87. Requirements for making documents available to public
(1)
This clause applies if under a provision of this Scheme the local government is required to publish in accordance with this clause a notice, plan, application or other document (the
document). (2) The local government must make the document available in
accordance with the applicable requirements of
subclauses (3) to (5).Note for this subclause: Under clause 88, the Commission may approve varied
requirements that apply if it is not practicable for the local
government to publish documents in accordance withsubclauses (3) to (5).
(3) For all documents, the local government must —
(a) publish on the website of the local government — (i) the document; or
(ii) a hyperlink to a webpage on which the document is published;
and
(b) if it is reasonably practicable to do so — make a copy of the document available for public
inspection at a place in the district of the local
government during normal business hours.
(4) If the document is a notice and the local government
considers that it is appropriate in the circumstances for the
notice to be published in a newspaper, the local government
must also ensure that the notice is published in a newspaper
circulating in the relevant locality in the local government
district.
Division 2 Amendments commencing on 15 February 2021 r. 79 local government complies with those requirements as
varied by the notice.
(4) If the Commission considers that it is not practicable for the
local government to comply with any of the complex
application notice and signage requirements in relation to
complex applications it is or may become required to
advertise, the Commission may give the local government a
written notice approving varied requirements that apply in
relation to the local government advertising complex
applications.(5) If a notice under subclause (4) is in effect, a complex
application made to the local government is taken to be
advertised in compliance with the complex application
notice and signage requirements if it is advertised in
compliance with those requirements as varied by the notice.(6) A notice under subclause (2) or (4) —
(a)
must state whether it has effect indefinitely or for a period specified in the notice; and
(b)
takes effect when it is given to the local government; and
(c) ceases to be in effect —
(i) if the Commission gives the local revoking it; or
(ii) at the end of the period (if any) specified under paragraph (a).
Part 13 — Transitional provisions for Planning Regulations
Amendment Regulations 2020
89. Terms used
In this Part —
amended deemed provisions means the deemed provisions
of this Scheme set out in the Planning and Development
(Local Planning Schemes) Regulations 2015 Schedule 2 as
Division 2 Amendments commencing on 15 February 2021 r. 79 (iii) the advertising of a proposed structure plan, or amendment to a structure plan, under clause 18;
(iv) the advertising of a proposed local development plan, or amendment to a local development plan, under clause 50;
and (b)
includes the giving of notices to persons or public authorities or the erection of signs as part of a process referred to in paragraph (a).
(2)
A relevant advertising process that commenced, but was not completed, before commencement day may be completed in accordance with the relevant requirements of the former
deemed provisions rather than the amended deemed
provisions.(3) If the relevant advertising process for a policy, designation,
plan or amendment (the relevant planning instrument) iscompleted in accordance with subclause (2) —
(a) the relevant planning instrument is taken to have been advertised in compliance with the relevant requirements of the amended deemed provisions; and
(b) this Scheme applies with any necessary changes to the relevant planning instrument.
92. Activity centre plans or structure plans in effect before commencement day
(1) In this clause — current activity centre plan —
(a)
means an activity centre plan under this Scheme for which the approval is in effect immediately before commencement day; and
(b)
includes a plan taken to be an activity centre plan under the Planning and Development (Local Planning Schemes) Regulations 2015 regulation 79
Division 2 Amendments commencing on 15 February 2021 r. 79 the process for preparing or accepting, advertising, reporting on, modifying and approving the plan or amendment set out in Part 5 of the former deemed provisions.
(2) This clause applies to an activity centre plan or amendment to an activity centre plan if —
(a)
1 or more steps in the preparation and approval process for the plan or amendment occurred before commencement day under Part 5 of the former deemed provisions; but
(b)
the Commission did not approve or refuse to approve the proposed plan or amendment before commencement day.
(3) If the process of advertising the proposed activity centre
plan or amendment under clause 34 of the former deemed
provisions commenced but was not completed beforecommencement day —
(a) that advertising process may be completed in accordance with the requirements of that clause; and (b) after the advertising process referred to in paragraph (a) is completed —
(i) the proposed plan or amendment is taken to be a proposed precinct structure plan or amendment to a precinct structure plan that has been advertised in compliance with the requirements of clause 18 of the amended deemed provisions; and
(ii) the other steps taken before commencement day in the preparation and approval process for the plan or amendment are taken to have been taken under and in accordance with
the equivalent provision of Part 4 of the
amended deemed provisions.
Division 3 Amendments commencing on 1 July 2021 r. 80 the minimum number of car parking spaces that must be
provided as part of development of a specified kind;parking space shortfall, in relation to development, has the
meaning given in clause 77C;payment in lieu of parking condition means a condition
requiring a payment to be made in lieu of satisfying a
minimum on-site parking requirement;payment in lieu of parking plan has the meaning given in
clause 77J(1);relevant payment in lieu of parking plan, in relation to
development, means the payment in lieu of parking plan in
effect from time to time for the area in which the
development is located;shared parking arrangement condition means a condition
requiring entry into an arrangement for shared parking in
lieu of satisfying a minimum on-site parking requirement.
77B. Development to which this Part applies
(1) This Part applies to development in —
(a) the metropolitan region; or (b) the Peel Region Scheme area.
(2) Despite subclause (1), this Part does not apply to
development to which the R-Codes apply.
77C. Parking space shortfall for development If development does not comply with an applicable
minimum on-site parking requirement, the parking space
shortfall for the development is the number of car parkingspaces calculated as follows — M − A where —
M is the minimum number of car parking spaces required
to be provided as part of the development under the
applicable minimum on-site parking requirement;
Division 3 Amendments commencing on 1 July 2021 r. 80
77E. Development that does not comply with applicable
minimum on-site parking requirement
(1) Development is not required to comply with an applicable minimum on-site parking requirement if —
(a) development approval is not required for the development under clause 61; or (b) development approval has been granted for the development subject to either or both of the following —
(i) a payment in lieu of parking condition imposed in accordance with clause 77H;
(ii) a shared parking arrangement condition imposed in accordance with clause 77Q.
(2) The local government must not grant development approval
for development that does not comply with an applicable
minimum on-site parking requirement unless the approval is
granted subject to a condition or conditions referred to in
subclause (1)(b).
77F. Imposition of both payment in lieu of parking condition
and shared parking arrangement condition
(1) The local government must not under clause 68(2)(b)
impose on an approval of development both a payment in
lieu of parking condition in accordance with clause 77H and
a shared parking arrangement condition in accordance withclause 77Q, unless —
(a) the parking space shortfall for the development is at least 2; and (b) the local government has given the applicant for development approval a notice of apportionment stating that —
(i) a specified number of the car parking spaces in the parking space shortfall are to be dealt with by the payment in lieu of parking condition; and
Division 3 Amendments commencing on 1 July 2021 r. 80
(3) Despite subclause (2), during the period of 2 years
commencing on the day on which the Planning Regulations
Amendment Regulations 2020 Part 2 Division 3 comes intooperation —
(a) the local government may under clause 68(2)(b) impose a payment in lieu of parking condition in accordance with clause 77H on an approval of development if there are interim parking provisions that apply to the area in which the development is to be located; and
(b) if the local government imposes a condition as referred to in paragraph (a) — the interim parking
provisions are taken to be the relevant payment in
lieu of parking plan for the development for the
purposes of this Division.
(4) In subclause (3) — interim parking provisions means provisions of this
Scheme, or of a local planning policy or local developmentplan, if the provisions —
(a) are in effect immediately before the day on which the Planning Regulations Amendment Regulations 2020 Part 2 Division 3 comes into operation; and (b) deal with the imposition of payment in lieu of parking conditions; and (c) set out — (i) the area to which the provisions apply; and
(ii) the purposes for which money paid in accordance with a payment in lieu of parking condition imposed on an approval
of development located in that area will be
applied.
77H. Payment in lieu of parking condition
(1) Subject to clause 77G, if the local government grants
approval for development that does not satisfy an applicable
Division 3 Amendments commencing on 1 July 2021 r. 80 Local Government Act 1995 section 6.11 for the purposes
set out in the relevant payment in lieu of parking plan for the
development.
(2) The money must be applied for the purposes set out in the
relevant payment in lieu of parking plan.(3) If interest is earned from the investment of money held
under subclause (1), that interest must be applied for the
purposes set out in the relevant payment in lieu of parking
plan.(4) Subclause (5) applies if —
(a) a person (the relevant payer) pays money to the local government in accordance with a payment in lieu of parking condition imposed in accordance with clause 77H; and (b) at the end of the period of 10 years commencing on the day on which the local government receives the money, or a longer period approved by the Commission, either or both of the following
applies —
(i) any of the money received has not been applied in accordance with subclause (2);
(ii) any interest earned from the investment of the money received has not been applied in accordance with subclause (3).
(5) The local government must repay the money and interest
referred to in subclause (4)(b)(i) and (ii) to the relevant
payer.(6) The local government is not required to comply with subclause (5) if —
(a)
after taking reasonable steps to find the relevant payer, the relevant payer cannot be found; or
(b)
the relevant payer is a body corporate that has been dissolved.
Division 3 Amendments commencing on 1 July 2021 r. 80
(3) A payment in lieu of parking plan must be prepared in the
form approved by the Commission.
77K. Advertising payment in lieu of parking plan
(1) If the local government resolves to prepare or adopt a
payment in lieu of parking plan the local government must,
unless the Commission otherwise agrees, advertise theproposed plan as follows —
(a) publish in accordance with clause 87 the proposed plan and a notice giving details of —
(i) how the proposed plan is made available to the public in accordance with clause 87; and
(ii) the manner and form in which submissions may be made; and
(iii) the period for making submissions and the last day of that period;
(b)
give notice of the proposed plan in any other way, and carry out any other consultation, that the local government considers appropriate.
(2) The period for making submissions specified in a notice
under subclause (1)(a)(iii) must not be less than the period
of 21 days after the day on which the notice is first
published under subclause (1)(a).(3) After the expiry of the period within which submissions may be made, the local government must —
(a) review the proposed payment in lieu of parking plan in the light of any submissions made; and (b) resolve — (i) to approve the plan without modification; or
(ii) to approve the plan with modifications; or
(iii) not to approve the plan.
Division 3 Amendments commencing on 1 July 2021 r. 80
(2) The Commission may approve a longer period under
subclause (1)(b) in relation to a payment in lieu of parking
plan either before or after the plan is approved by the local
government.(3) A payment in lieu of parking plan may be revoked —
(a) by a subsequent payment in lieu of parking plan that expressly revokes the payment in lieu of parking plan; or (b) by a notice of revocation — (i) prepared by the local government; and
(ii) published by the local government in accordance with clause 87.
77O. Payment in lieu of parking plan ceasing to be in effect
when money has not been applied
(1) This clause applies if —
(a)
a person (the relevant payer) pays money to the local government in accordance with a payment in lieu of parking condition imposed on an approval of development in accordance with clause 77H; and
(b)
any of the money, or any interest earned from the investment of the money, has not been applied or repaid under clause 77I; and
(c)
the relevant payment in lieu of parking plan (the former plan) that was in effect for the development ceases to have effect under clause 77N(1); and
(d)
as a result of the cessation, there is no payment in lieu of parking plan in effect for the area in which the development is located.
(2) During the period that applies under subclause (3),
clause 77I applies as if the former plan continued to be the
relevant payment in lieu of parking plan for the
development.
Division 3 Amendments commencing on 1 July 2021 r. 80
77Q. Shared parking arrangement condition
(1)
If the local government grants approval for development that does not comply with an applicable minimum on-site parking requirement, the local government may under
clause 68(2)(b) impose a condition requiring the following —
(a) that the owner of the land on which the development is to be located must enter into an arrangement (the shared parking arrangement) with an owner of other land (the shared site) —
(i) that provides for a number of car parking spaces equivalent to the parking space shortfall for the development to be made available on the shared site for the purposes of the development; and
(ii) that meets any other requirements specified by the local government;
(b)
that the owner must apply to the local government for approval of the shared parking arrangement under this clause;
(c)
that the development must not commence unless the local government has approved the shared parking arrangement under this clause;
(d)
that a shared parking arrangement approved by the local government must not be terminated or varied without the approval of the local government.
(2)
The local government must not impose a condition under subclause (1) unless the local government is satisfied that the owner of the shared site is prepared to enter into a shared
parking arrangement that meets the requirements of the
condition.(3) Without limiting subclause (1)(a)(ii), the requirements
specified under that subclause may include requirements
relating to the form and content of the arrangement.
Division 3 Amendments commencing on 1 July 2021 r. 81 (ii) the relationship between the proposed development and the shared site will be such that the shared car parking spaces are likely to be used by persons using the proposed development.
81. Schedule 2 clause 90 amended
After Schedule 2 clause 90(2) insert:
(3) Part 9A does not apply in relation to development approval granted on an application made before the day on which the Planning Regulations Amendment Regulations 2020 Part 2 Division 3 comes into operation.
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