Frequently asked questions
- formulation of the amendment by the WAPC
- referral to the EPA for environmental assessment
- completion of an Environmental Review (if required) in accordance with EPA instructions
- public submissions being sought on the proposed amendment (including Environmental Review if required)
- consideration of submissions
- approval, with or without any modifications in response to submissions, or refusal to approve, by the Minister
- the amendment takes legal effect with Gazettal of the Minister's approval.
What is region scheme?
A region scheme provides a statutory mechanism to provide strategic direction, assist in the coordination of major infrastructure, and set aside areas for regional open space and other community purposes. A region scheme usually covers more than one local government area. The content of the scheme may vary for each region, but they generally set out broad land use zones or policy areas, and identify land required for regional purposes. The Western Australian Planning Commission (WAPC) prepares and administers region planning schemes for the effective planning and coordination of land use and development. There are three region schemes in operation in Western Australia; the Metropolitan Region Scheme (MRS), the Peel Region Scheme (PRS), and the Greater Bunbury Region Scheme (GBRS). |
What is the head of power that requires this application to be advertised?
The Planning and Development Act 2005 (the Act) is the head of power for region schemes and amendments. Part 4 of the Act outlines the formulation and considerations of preparing or amending a region scheme and sets out the submission and approval process.
The Planning and Development (Region Planning Schemes) Regulations 2023, made under the Act, outline the advertising requirements and factors associated with the consideration of submissions.
What land does MRS amendment cover?
The proposed amendment is located in the City of Kalamunda and is approximately 15 km southeast of the Perth CBD and 14 km south of the Midland Strategic Metropolitan Centre. The subject land is generally located to the south of Crystal Brook Road / Welshpool Road East in Wattle Grove, and is bounded by Boundary Road and Tonkin Highway to the west, Victoria Road and Rural zoned land to the east as shown on Amending Plan 3.2786.
Has there been any community consultation on this proposal already?
No, there has been no previous consultation regarding this proposal.
There is no legislative requirement for the WAPC to pre-advertise a region scheme amendment. However, there are statutory advertising periods for all three amendment streams once the proposal has been initiated by the WAPC and determined by the EPA (if applicable).
What is the process for this development to be determined?
The procedures for amending a region scheme are prescribed by the Planning and Development Act 2005 and the Planning and Development (Region Planning Schemes) Regulations 2023. In essence, the procedure for a standard amendment involves:
Can I have extra days to lodge my submission?
If any additional time is required to lodge a submission, please contact regionplanningschemes@dplh.wa.gov.au
When can I subdivide or build a house on my property?
The region scheme amendment process is the start of the statutory planning process, and a number of subsequent planning steps are required to be undertaken prior to a subdivision or development being considered.
This can include a local planning scheme amendment and local structure planning processes, each of which have separate public consultation and determination processes.
What is an Environmental Review Document?
The Environmental Protection Authority (EPA) required the proposed amendment to be formally assessed under Division 3 Part IV of the Environmental Protection Act 1986 Act.
A draft Environmental Review Document (ERD) has been undertaken to examine the likely environmental impacts of the amendment if implemented and puts forward proposed environmental mitigation and management measures.
The ERD is being advertised concurrently with the amendment so that comment can be made on both environmental and planning matters. The WAPC is required to provide copies of submissions related to environmental issues to the EPA within seven days of the public submission period closing. The WAPC is also required to inform the EPA of its views on and response to environmental issues raised in submissions within 42 days of the close of submissions, or such longer period as the Minister allows.
Under the requirements of the Environmental Protection Act 1986, the EPA will report to the Minister for Environment on environmental factors relating to the amendment and recommend any conditions that may be necessary. The Minister for Environment will then consult with the Minister for Planning and, if appropriate, give agreement on any conditions imposed on the amendment. This will occur prior to the amendment being considered for a final determination by the WAPC.
What if my land is being rezoned?
Landowners may find that an amendment seeks to rezone their property, for example, from rural to urban or urban deferred.
If the zoning is changed, landowners do not have to change their lifestyle or the way they use the land. However, depending on the new zone, there may be opportunities to change the land use, such as seek approval to subdivide or apply to develop it in some way that suits the new zoning.
If land is being zoned Urban, how will the environment be protected?
An Urban zone under a Region Planning Scheme can accommodate a range of land uses apart from residential development, such as but not limited to public open space, conservation, drainage and wetland areas.
These sites are given further consideration in the subsequent detailed planning stages, such as a local structure plan where consideration is given to the retention of these areas in accordance with advice from the Local Government and State Government environmental agencies.