Frequently asked questions
- formulation of the amendment by the WAPC
- referral to the EPA for environmental assessment
- completion of an environmental review (if required) to EPA instructions
- Consent by the Minister for Planning to call for submissions
- public submissions on the proposed amendment (including environmental review if required)
- consideration of submissions (including hearings if requested)
- 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
- where the WAPC has agreed to the parallel amendment of a local planning scheme under section 126(3) of the Planning and Development Act, the local planning scheme amendment becomes effective upon gazettal of the MRS amendment.
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. Former 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.
What land does MRS amendment cover?
Portion of North Ellenbrook (West) within the City of Swan as shown on Amending Plan 3.2815.
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. The amendment proposed in this report is being made under the provisions of the former section 41 of the Act. In essence, the procedure for a substantial alteration to the Scheme (often referred to as a major 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
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.
What if my land is reserved?
Land is reserved because it will eventually be needed for a public purpose such as parks and recreation 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.