Local Scheme Amendment

Considering a Scheme Amendment?

This guide explains the types of Scheme Amendments, process, timing and expected fees.

What is a Scheme Amendment?

Local Planning Schemes in Western Australia are amended from time to time to address community needs, development priorities and requirements. Amendments to Local Planning Schemes fall into three categories: basic, standard, and complex.

Scheme amendments are governed by the Planning and Development Act 2005 (Act) and the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations).

Types of Scheme Amendment

The types of scheme amendments are defined in the Regulations. A summary is provided below.

• Complex: complex scheme amendments apply to changes to a local planning scheme not contemplated or consistent with a Local Planning Strategy. Scheme amendments involving development contributions are considered as complex amendments.
• Standard: Standard scheme amendments are used for proposals consistent with the planning framework but have minimal impact on the scheme area, and do not result in significant environmental, social, economic or governance impacts. A standard amendment is not an amendment that is complex or basic.
• Basic: Basic scheme amendments are generally used for administrative purposes. This includes such matters as correcting administrative errors, amendments to a Local Planning Scheme so that it is consistent with model scheme provisions or State Planning Policy, or amendments so that the Local Planning Scheme is consistent with a Region Planning Scheme if the amendment will have minimal effect.

A complete list of the types of complex, standard and basic scheme amendments can be found in the Regulations.

Who can prepare a Local Scheme Amendment?

Local Governments resolve from time to time to amend their Local Planning Scheme.

A private landowner can request that a Local Planning Scheme be amended. Some examples of common scheme amendments requested by private landowners include:

• Additional Use, to allow for a use that is not currently approvable.
• Rezoning of a greenfields residential site to the Urban Development zone to allow for structure planning and development.
• Change in residential density coding to facilitate higher density development.

A Scheme Amendment request is prepared and provided to the Local Government for assessment. A summary of the Scheme Amendment process is set out below.

It is important to note that if a Local Government resolves to proceed with a Scheme Amendment, it must progress in accordance with the Act and Regulations.

The Scheme Amendment process

The Act and Regulations set out the process for the three types of Scheme Amendments.

The summary process for a Scheme Amendment (standard and complex) is outlined below:

• The Local Government resolves to initiate a Scheme Amendment.
• Referral to the Environmental Protection Authority (EPA).
• Submission to WAPC for approval to advertise, and to make a recommendation to the Minister.
• Minister approves advertising of the Scheme Amendment.
• Advertising of the Scheme Amendment (42 days for a standard amendment, 60 days for a complex amendment).
• Consideration of submissions by the Local Government post advertising and provision of a recommendation to the WAPC.
• WAPC considers submissions received, the Local Government’s advice, and provides a recommendation to the Minister.
• Minister considers approval, modification or refusal of the Scheme Amendment.
• Local Government provides copies of the approved Scheme Amendment to the WAPC for review.
• WAPC reviews and endorses the copies of the approved Scheme Amendment and provides to the Minister.
• Minister endorses the Scheme Amendment.
• The Scheme Amendment is published in the Government Gazette.
• Local Government publishes the Scheme Amendment.

How long can a Scheme Amendment take?

The type of amendment will determine the timeframe for completion of a scheme amendment. In terms of standard and complex amendments, for example, standard scheme amendments are advertised for 42 days whereas complex amendments 60 days.

Time taken to process a Scheme Amendment can be affected by a number of matters including the amount and complexity of referral agency responses, general submissions resulting from advertising, whether the Scheme Amendment is assessed by the EPA and requests for further information.

The timing for completion of Scheme Amendments can range from nine to eighteen months. Early engagement with stakeholders is recommended to assist in determining likely timeframes.

What do I need to submit?

The type of documentation to be submitted with a scheme amendment will depend on what is to be achieved.

A scheme amendment report is required to be prepared, and the content will vary depending on the type and complexity of the proposal. Additional reporting may be required to accompany the scheme amendment report such as environmental, acoustic and traffic assessments. Most Local Governments will have a guide or information sheet as to the required form and content of a Scheme Amendment.

The scheme amendment report will set out the amendment proposed, provide justification for the proposal and assessment against the planning framework.

Prior to proceeding with a Scheme Amendment engagement with the relevant Local Government is recommended. This will assist in scoping the form of the Scheme Amendment and identifying accompanying documentation to be submitted.

Scheme Amendment Fees

Fees for Scheme Amendments are set out within the Planning and Development Regulations 2009. Fees are estimated based on time taken to process the Scheme Amendment. The extent of fees will vary depending on the complexity of the Scheme Amendment.

When a Local Government receives a Scheme Amendment, it must provide an estimate of the hours that will be spent dealing with the request and a total fee. The Planning and Development Regulations 2009 set maximum hourly rates that must not be exceeded. Cost and expenses for certain matters, such as advertising can also be payable.

Fees cannot be imposed for a Scheme Amendment that has the sole purpose to amend the Local Planning Scheme to be consistent with a Region Planning Scheme.

Spot Rezoning

A ‘spot’ rezoning refers to a Scheme Amendment to a single landholding which is inconsistent with the planning framework. Scheme amendments that are considered a ‘spot’ rezoning are generally not supported. An example of a spot rezoning may be increasing the residential density of a single lot beyond that which adjoin or are in the immediate locality to increase development potential.

Spot rezonings however, may be supported in certain circumstance such as where a site has unique characteristics or there is sufficient planning justification for the proposed change. An example of this may be a Scheme Amendment for an Additional Use which generally only applies to a lot, or a small number of lots.

Appeals

There is no right of appeal to the State Administrative Tribunal in respect to a Scheme Amendment.

Notwithstanding, the Minister for Planning has certain powers under section 76 of the Act. The Minister may, for instance, order a Local Government to prepare and submit a local planning scheme or an amendment to a local planning scheme.

Please refer to section 76 of the Act for further details.

How can Cornerstone Town Planning help?

Scheme amendments are complex and require experience and skill to navigate the process from lodging a Scheme Amendment request through to approval by the Minister.

Cornerstone Town Planning can assist from initial stakeholder engagement through to approval of the Scheme Amendment. Cornerstone Town Planning work throughout all of Western Australia. We can assist you wherever you are.

Considering a Scheme Amendment, contact us to arrange a preliminary assessment or book a consultation.

Disclaimer – the information contained above does not constitute planning advice, and is of a general nature. You should obtain town planning advice relevant to your specific circumstances. In that regard please do not hesitate to contact Cornerstone Town Planning.