Overview

    Why is there consultation on the Planning and Development Regulations Amendment (Reviews of Planning Instruments) Regulations 2025 (Amendment Regulations)?

    The Amendment Regulations propose changes to various planning regulations, including the Planning and Development (Local Planning Schemes) Regulations 2015 (the LPS Regulations). 

    Section 256 of the Planning and Development Act 2005 requires the Minister to consult with the Environmental Protection Authority, local governments and any other relevant public authority or person when making or amending the LPS Regulations.

    What can I comment on?

    While all feedback on the Amendment Regulations is welcomed, comment is sought specifically on Part 2 of the proposed Amendment Regulations, which will be considered before the Amendment Regulations are finalised and draft chapters of the WA Planning Manual for local planning schemes and local planning policies. 

    These draft chapters of the WA Planning Manual provide guidance and recommended manner and form to support proposed changes to the LPS Regulations.  

    Please note: the WA Planning Manual – draft Local Planning Policies chapter is not currently available for comment, but will be made available as soon as possible, following consideration by the WAPC of an updated draft on 23 July 2025. 

    The legislative or regulatory changes are listed below and form part of the broader scope.  

    • Changes proposed in the draft Amendment Regulations (Part 3 – Part 6) to the following Regulations:
      1. Planning and Development Regulations 2009
      2. Planning and Development (Region Planning Schemes) Regulations 2023
      3. Planning and Development (Planning Codes) Regulations 2024
      4. Planning and Development (State Planning Policies) Regulations 2024

    What is the benefit of the reforms being introduced through the Amendment Regulations?

    The benefit is a more consistent and efficient planning system in Western Australia through an improved and contemporary approach to the review and updating of State and local planning frameworks.

    How can I access sections of the Planning and Development Act 2005 (the Act) referenced in the proposed amendments to the LPS Regulations that have not yet been proclaimed?

    Part 9 of the Planning and Development Amendment Act 2023 (the Amendment Act) include amendments to facilitate the 10-yearly review of planning instruments. These amendments to the Act, where relevant, are referenced in the proposed amendments to the LPS Regulations within Part 2 of the Amendment Regulations. The Amendment Act is available at WALW - Planning and Development Amendment Act 2023 - Home Page.

    When will these changes to the LPS Regulations occur?

    The LPS Regulations are intended to be finalised following the conclusion of consultation and subsequent consideration of submissions received.

What is the WA Planning Manual?

    What is the WA Planning Manual?

    The WA Planning Manual (Manual) provide best practice guidance on the purpose, use and preparation of planning instruments, primarily those that establish the local planning framework. The Manual is an online resource with a dedicated webpage that provides the relevant information in one place. Several chapters of the manual have been completed, while others are progressing. Public feedback is currently open on the following chapters of the Manual:

    • WA Planning Manual – draft Local Planning Schemes chapter
    • WA Planning Manual – draft Local Planning Policies chapter. An updated version of this chapter that addresses feedback received from consultation in 2024 and changes proposed by the Amendment Regulations will be made following the 23 July WAPC meeting.

Draft local planning schemes chapter of the WA Planning Manual

    What is the purpose of the draft local planning schemes chapter of the WA Planning Manual?

    The local planning schemes chapter will form part of the WA Planning Manual and has been prepared to provide clear and consistent guidance for the preparation and maintenance of local planning schemes as required by the Planning and Development Act 2005 (Act) and the Planning and Development (Local Planning Schemes Regulations) Regulations 2015 (Regulations). 

    The chapter elaborates on requirements of the Act and Regulations, outlines the need for and purpose of local planning schemes, key elements of schemes, scheme reviews and scheme amendments and the preferred approaches to preparing and submitting these documents.  

    Please note that this chapter and supporting appendices is detailed and provided to assist planning practitioners with the preparation and assessment of local planning schemes and amendments. It is not intended that the document will be read from beginning to end, rather it is expected that practitioners will utilise the sections of the document that best relate to the task they are undertaking.   

    What sections of the draft local planning schemes chapter are most relevant to the proposed amendments to the LPS Regulations for the 10-year review of local planning instruments?

    Section 8 of the draft local planning scheme chapter provides guidance on the process and content of a report of review consistent with the changes that are being introduced through the Planning and Development Amendment Act 2023 (Amendment Act) and the supporting Planning and Development Regulations Amendment (Reviews of Planning Instruments) Regulations 2025 (Amendment Regulations). Appendix 2 of the draft local planning scheme chapter provides the recommended manner and form for a report of review.

    I am currently preparing, amending or reviewing a local planning scheme, do I need to be consistent with the guidance provided in the draft local planning scheme chapter?

    There is no requirement to prepare, amend or review a local planning scheme consistent with the manner and form documentation of the local planning schemes chapter until such time as the chapter has received final approval by the WAPC. Local governments should still ensure they meet the relevant requirements of the LPS Regulations when preparing, amending or reviewing local planning schemes.

    The local planning schemes chapter will be finalised as soon as possible following the conclusion of consultation and subsequent consideration of submissions received.

Draft local planning policies chapter of the WA Planning Manual

    What is the purpose of the draft local planning policies chapter of the WA Planning Manual?

    The purpose is to provide information on the preparation, implementation, review, amendment and revocation of local planning policies to improve consistency and legibility across local governments. It will ensure local planning policies remain up to date and fit for purpose. This document has been prepared by the Department of Planning, Lands and Heritage on behalf of the Western Australian Planning Commission and forms part of the WA Planning Manual.

    Practitioners and decision makers are encouraged to read this document, together with Schedule 2, Part 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations), and any other component of the planning framework relevant to local planning policies.

    How has feedback from the 2024 consultation process on the draft local planning policies chapter been considered in the updated draft that will be consulted on?

    The draft local planning policies chapter of the WA Planning Manual was advertised from 14 October to 6 December 2024. A total of 24 external submissions were received from a range of stakeholder groups, including 16 from local government. The draft local planning policies chapter has been updated, where considered appropriate, to address submissions and changes proposed by the Amendment Regulations. The updated draft local planning policies chapter will be considered by the WAPC at its meeting on 23 July 2025 and then released for consultation.

    I am currently preparing, amending or reviewing a local planning policy, do I need to be consistent with the proposed changes in the Amendment Regulations and the guidance and manner and form

    I am currently preparing, amending or reviewing a local planning policy, do I need to be consistent with the proposed changes in the Amendment Regulations and the guidance and manner and form provided in the draft local planning policies chapter of the WA Planning Manual?

    There is no requirement to prepare, amend or review a local planning policy consistent with the Amendment Regulations or the manner and form documentation of the draft local planning policies chapter until such time as the changes proposed in the Amendment Regulations are gazetted in the LPS Regulations and the local planning policies chapter has been approved by the WAPC.

Next steps

    What are the next steps?

    Following the 12-week consultation period (closing Friday 3 October 2025), all feedback received will be considered and presented to the Commission.