What is a 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 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 this amendment cover?

    The proposed amendment is approximately 26 km north-east of the Perth CBD and is approximately 5 km north of the Ellenbrook secondary centre. It abuts Ellenbrook to the south, Tonkin Highway to the west, Railway Parade to the east and rural land to the north as shown on Amending Plan 3.2820

    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 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 complex amendment involves:

    • formulation of the amendment by the WAPC
    • referral to the EPA for environmental assessment 
    • completion of an environmental review (if required) to EPA instructions
    • public submissions on the proposed amendment (including environmental review if required)
    • consideration of submissions 
    • referral of WAPC recommendations, with or without any modifications in response to submissions, to the Minister for Planning 
    • approval by the Governor 
    • consideration by both Houses of Parliament, who can disallow the amendment
    • amendment takes legal effect when no longer subject to disallowance after 12 sitting days

    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 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 regional 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.

    What if my land is reserved?

    Land is reserved because it will eventually be needed for a public purpose such as Regional Open Space or other regional roads. 

    If your land is proposed to be reserved in an advertised amendment, you can continue to use and enjoy your property. Generally, reserved land can remain in private ownership until it is needed for the purpose for which it is reserved.

    My land is proposed to be reserved, how can I access compensation?

    If your property is proposed to be reserved in a region scheme amendment, then access to compensation is available. However, it is recommended that you await the final outcome of the amendment prior to any further consideration of compensation arrangements. 

    For more information, please see the ‘Your property and the planning system’ publication on the Department’s website.