Development applications

On 21 December 2020, the Department of Planning, Lands and Heritage (DPLH) notified the City that the Planning Regulations Amendment Regulations 2020 (Amendment Regulations) have been gazetted.

The Amendment Regulations include a range of changes designed to streamline development assessment processes and reduce unnecessary red tape, to help support the State’s economic recovery.  The Amendment Regulations have amended the Planning and Development (Local Planning Schemes) Regulations 2015 (Planning Regulations) and other Planning Regulations.

From 15 February 2021, there will be a range of exemptions for small projects such as patios and water tanks from development approval.

Other Planning Regulation changes include:

• Removing the need for planning approvals for certain change-of-use applications such as small cafe or restaurant, change of use shop (floor space limited) etc.;
• Planning approval exemption for Home Occupations but not for Home Businesses;
• A limit of only one further request for additional information from local governments for applications that do not require public advertising or referral;
• Consistent public consultation requirements for complex development applications;
• Prioritising online publication of planning documents, with an option for hard copies to be made available; and
• Introducing a single planning process for structure plans and precinct structure plans.

There are various conditions relating to the above listed exemptions included in the Planning Regulations Amendment Regulations 2020.

A 'deemed to comply' check lodged by building companies will enable local government to ensure compliance with the Residential Design Codes and allows these development proposals to progress straight to the building approval stage.

For more information on the Consolidated Planning Regulations, and for DPLH Fact Sheets and guidance please use the following links:

Consolidated Planning Regulations Amendment Regulations 2020

DPLH Fact Sheets and guidance

Current Notice of Exemption

The latest changes respond to the changes in Western Australia’s COVID-19 response, as well as regulatory changes which have replaced certain exemptions in the notice. The updates made to the Notice of Exemption are summarised below:  

• Certain exemptions have been removed as these have now been replaced by exemptions under the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations). These include: 
  • Removal of exemptions relating to the need to obtain approval for certain land uses.
  • Removal of exemptions relating to car parking and the payment of cash-in-lieu.
  • Removal of the need to obtain approval for changes to existing signage and new signage relating to hotel, tavern, restaurant/café (or similar land uses).
  • Removal of the exemption from the requirement to obtain approval to make changes to existing approved signage.
• Specifying that the exemptions to ‘Home Businesses’ only apply during a lockdown. 
• Extending the applicability of the exemption for agricultural workers accommodation to all local government areas. 
• Clarifying the exemptions applicable to non-conforming uses will expire on the day after the State of Emergency Declaration ends.
• Removal of exemptions relating to consultation, advertisement, applications and/or forms for particular planning proposals/plans. 
• Removal of the two-year extension to the substantial commencement period for DAP approvals. This does not affect development approvals that were previously relying on this extension (see further explanation below).

The Notice of Exemption is intended to be self-explanatory but additional information regarding the intent and terms of the notice has been prepared to help guide planners and decision makers with its application.

Ongoing revisions and updates

The Emergency provisions (clause 78H of the Deemed Provisions) allow the Minister to amend the Notice of Exemption to ensure the exemptions are achieving their intended purpose of facilitating a response to or recovery from a State of Emergency. Given the continually evolving nature of the current State of Emergency, reviews of the practical implementation of the Notice of Exemption will continue to be undertaken in consultation with key stakeholders.

On 20 May 2020, the State Government announced major planning reforms to stimulate economic growth to assist with the COVID-19 recovery.

The proposed planning reforms and exemptions include:

• Applications for a significant development to be determined by the WAPC for a period of 18 months;
• A new Special Matters Development Assessment Panel to consider complex proposals;
• Changes to community engagement and consultation on strategic planning documents;
• Planning exemptions for minor developments (minor extensions, patios, carports, shade sails and pergolas);
• Change of use applications to be abolished in town centre location for a number of different uses;
• An updated cash-in-lieu framework and waive shortfalls up to 10 car bays; and
• A streamlined, coordinated approval process for simple development applications.

The State Government has moved quickly with various legislative changes.

On 24 June 2020, the State Government announced the legislation has been passed, with a new development application process to be introduced. The changes to the original legislation includes changes to the definition of significant development, will now be as follows:

• development proposals with an estimated cost of $20 million or more in the metropolitan region; or
• development proposals with an estimated cost of $5 million in areas outside the metropolitan region (excludes warehouses).

The legislative and regional planning framework need to be changed first to implement many of the reforms released by the State Government. To give everyone a better understanding, now that the various sections of the Bill have passed Parliament, the Department of Planning, Lands and Heritage (DPLH) will progress changes to the:

• Planning and Development (Local Planning Schemes) Regulations 2015 reforms include changes to planning schemes and policies - structure and precinct planning and development application processes and consultation;
• Planning and Development (Development Assessment Panel) Regulations 2011 will create a new Special Matters Development Assessment Panel.

In parallel with the legislative and regulatory reforms, the City understands the DPLH will be preparing new policies and review existing policies for the Residential Design Codes (i.e. residential design standards such as density, open space, setbacks etc..) and Liveable Neighbourhoods (subdivision design standards).

The City has always cooperated with the State Government and development industry to deliver timely quality planning decisions and outcomes. The City's pragmatic approach towards the planning system has ensured that quality developments have proceeded without undue delay, to the benefit of Rockingham. For many years now, the City has not required planning applications for minor developments such as single houses, two grouped dwellings, patios, sheds, garages and swimming pools.  These are usually dealt with by building permit only, which significantly reduces the red tape and approval times for such developments.

The proposed major planning reforms do not change the requirement to obtain a building permit for patios, sheds and other buildings and structures from the City as required.

Planning reforms

Cutting Red Tape in the Planning System

Government of Western Australia Media Statement 20 May 2020