Proposed amendments to the Planning and Development (Local Planning Schemes) Regulations 2015 relating to convenience stores and the sale of tobacco products

Overview

The Department of Planning, Lands and Heritage (the Department) is seeking feedback on proposed amendments to the Planning and Development (Local Planning Schemes) Regulations 2015 relating to convenience stores and the sale of tobacco products. The proposed amendments aim to strengthen the State Government’s broader response to curbing the sale of illegal tobacco.

While the planning system does not regulate the sale of tobacco products, it can influence where certain land uses are established through local planning schemes. The proposed amendments would provide greater regulatory oversight and scrutiny of the establishment of a convenience store land use, as well as an opportunity for community input through the development approval process.

Under the current planning framework, a development approval is generally required where a local planning scheme identifies a land use as a discretionary (‘D’) use. However, the existing regulations provide an exemption from development approval for convenience stores in certain locations.

The proposed amendments would remove that exemption for new convenience stores that propose to sell tobacco products. This would mean that, where a local planning scheme identifies a convenience store as a ‘D’ use in a commercial, centre or mixed-use zone, development approval would be required – in addition to any relevant licensing – before the use can commence.

For more information about public consultation, including tips on making a good submission, please visit the Public consultation in the WA planning system webpage.