Western Australian Consolidated Regulations Western Australian Consolidated RegulationsAppendix B — Model Scheme Text
[Regs 11(1)(a), 27]
Preamble
This Town Planning Scheme of the City/Town/Shire of
......................................................consists of this Scheme
Text and the Scheme Maps. The Scheme Text should be read with the Local Planning
Strategy for the City/Town/Shire.
Part 2 of the Scheme Text sets out the Local Planning Framework. At the
core of this Framework is the Local Planning Strategy which sets out the
long‑term planning directions for the local government, applies State and
regional planning policies and provides the rationale for the zones and other
provisions of the Scheme. In addition to the Local Planning Strategy, the
Framework provides for Local Planning Policies which set out the general
policies of the local government on matters within the Scheme.
The Scheme divides the local government district into zones to identify
areas for particular uses and identifies land reserved for public purposes. Most
importantly, the Scheme controls the types of uses and development allowed in
different zones. There are particular controls included for heritage and special
control areas. The Scheme Text also sets out the requirements for planning
approval, enforcement of the Scheme provisions and non‑conforming
uses.
Scheme details
The City/Town/Shire of
...................................
Town Planning Scheme No.
............................
(The title of the Town Planning Scheme should indicate its general
purpose e.g. City/Town/Shire of .............Town Planning Scheme No.... and may
also include the scope of the Scheme, e.g., District Zoning Scheme, for
descriptive purposes.)
The City/Town/Shire of ...................... under the powers conferred by
the Town Planning and Development Act 1928 makes the following Town
Planning Scheme.
Table of Contents
Part 1 Preliminary — sets out the Scheme title, responsible
authority for implementing the Scheme, definitions used in the Scheme, Scheme
area, contents, purpose, aims and relationship to other Schemes and
laws.
Part 2 Local Planning Policy Framework — sets out the
relationship between the Scheme and the Local Planning Strategy and the
procedures for preparing and adopting Local Planning Policies.
Part 3 Reserves — sets out the reserves which apply in the
Scheme area and related provisions.
Part 4 Zones and the use of land — sets out the zones which
apply in the Scheme area and the uses which may require approval or may be
prohibited.
Part 5 General development requirements — sets out the
planning requirements which may apply to a particular use or development in a
zone.
Part 6 Special control areas — sets out particular provisions
which may apply in addition to the zone requirements and generally concerns
landscape, environmental, built form, and land and site management
issues.
Part 7 Heritage protection — sets out special provisions which
apply to heritage places and areas.
Part 8 Development of land — sets out the circumstances under
which approval is required for the development of land as distinct from the use
of land.
Part 9 Applications for planning approval — sets out the
procedure for applying for planning approval including both the use and
development of land.
Part 10 Procedure for dealing with applications — sets out the
procedure for dealing with applications for planning approval and the matters to
be taken into account.
Part 11 Enforcement and administration — sets out the general
provisions for the administration and enforcement of the Scheme.
Schedules
1.1.1. The City/Town/Shire of .......... Scheme No. ..... (the
Scheme) comes into operation on its Gazettal date.
1.1.2. The following Scheme(s) is (are) revoked —
Name Gazettal date
(Insert (where applicable) existing town planning schemes revoked by
the Scheme.)
The City/Town/Shire of .................. is the responsible authority for
implementing the Scheme.
(Where necessary, provision may be made for more than one responsible
authority.)
The Scheme applies to the Scheme area which covers (all or that
part) of the local government district of the City/Town/Shire as shown on the
Scheme Map.
Note: The Scheme area (or part) is also subject to the
..........Region Scheme (see clause 1.10) and other town planning schemes
(see clause 1.9).
(Insert the appropriate description. Reference may be made to the whole
of a district, part of a district, land within a townsite boundary or land
within an area outlined on the Scheme Map. The note only applies where a region
scheme or other local scheme is in force in the Scheme area.)
The Scheme comprises —
(a) the Scheme Text;
(b) the Scheme Map (sheets 1 – x).
(Insert after paragraph (b) a paragraph describing any supporting
plans, maps, diagrams, illustrations or materials which form part of the
Scheme.)
The Scheme is to be read in conjunction with the Local Planning
Strategy.
Note: The Scheme Map comprises
.................
(Insert description of Scheme Maps in note.)
The purposes of the Scheme are to —
(a) set out the local government’s planning aims and intentions for
the Scheme area;
(b) set aside land as reserves for public purposes;
(c) zone land within the Scheme area for the purposes defined in the
Scheme;
(d) control and guide land use and development;
(e) set out procedures for the assessment and determination of planning
applications;
(f) make provision for the administration and enforcement of the Scheme;
and
(g) address other matters set out in the First Schedule to the Town
Planning Act.
The aims of the Scheme are —
(Insert a statement setting out the general aims of the
Scheme.)
1.7.1. Unless the context otherwise requires, words and expressions used in
the Scheme have the same meaning as they have —
(a) in the Town Planning Act; or
(b) if they are not defined in that Act —
(i) in the Dictionary of defined words and expressions in Schedule 1;
or
(ii) in the Residential Planning Codes.
1.7.2. If there is a conflict between the meaning of a word or expression
in the Dictionary of defined words and expressions in Schedule 1 and the
meaning of that word or expression in the Residential Planning
Codes —
(a) in the case of a residential development, the definition in the
Residential Planning Codes prevails; and
(b) in any other case the definition in the Dictionary prevails.
1.7.3. Notes, and instructions printed in italics, are not part of the
Scheme.
1.8. Relationship with
local laws
Where a provision of the Scheme is inconsistent with a local law, the
provision of the Scheme prevails.
1.9. Relationship with
other Schemes
By way of information, the following other Schemes of the City/Town/Shire
of ................ are, at the Gazettal date of the Scheme, complementary to
the Scheme —
Scheme No. Gazettal date
(If applicable, list any other Schemes which are complementary to the
Scheme. If no other Schemes apply to the Scheme area, insert the words
“There are no other Schemes of the City/Town/Shire of ............ which
apply to the Scheme area”.)
1.10. Relationship
with the .............. Region Scheme
The Scheme is complementary to the .................... Region Scheme and
the provisions of the .................... Region Scheme continue to have
effect.
Note: The authority responsible for implementing the
..................... Region Scheme is the Western Australian Planning
Commission.
(This clause and note only apply where a region scheme is in
force.)
Part 2 —
Local Planning Policy Framework
2.1. Scheme
determinations to conform with Local Planning Strategy
Except to the extent that the Local Planning Strategy is inconsistent with
the Scheme, determinations of the local government under the Scheme are to be
consistent with the Local Planning Strategy.
(A Local Planning
Strategy has been prepared and endorsed under the Town Planning
Regulations 1967.)
2.2. Local Planning Policies
The local government may prepare a Local Planning Policy in respect of any
matter related to the planning and development of the Scheme area so as to
apply —
(a) generally or for a particular class or classes of matters;
and
(b) throughout the Scheme area or in one or more parts of the Scheme
area,
and may amend or add to or rescind the Policy.
2.3. Relationship of
Local Planning Policies to Scheme
2.3.1. If a provision of a Local Planning Policy is inconsistent with the
Scheme, the Scheme prevails.
2.3.2. A Local Planning Policy is not part of the Scheme and does not bind
the local government in respect of any application for planning approval but the
local government is to have due regard to the provisions of the Policy and the
objectives which the Policy is designed to achieve before making its
determination.
Note: Local Planning Policies are guidelines used to assist
the local government in making decisions under the Scheme. Although Local
Planning Policies are not part of the Scheme they must be consistent with, and
cannot vary, the intent of the Scheme provisions, including the Residential
Planning Codes. In considering an application for planning approval, the local
government must have due regard to relevant Local Planning Policies as required
under clause 10.2.
2.4. Procedure for
making or amending a Local Planning Policy
2.4.1. If a local government resolves to prepare a Local Planning Policy,
the local government —
(a) is to publish a notice of the proposed Policy once a week for 2
consecutive weeks in a newspaper circulating in the Scheme area, giving details
of —
(i) where the draft Policy may be inspected;
(ii) the subject and nature of the draft Policy; and
(iii) in what form and during what period (being not less than
21 days from the day the notice is published) submissions may be
made;
(b) may publish a notice of the proposed Policy in such other manner and
carry out such other consultation as the local government considers
appropriate.
2.4.2. After the expiry of the period within which submissions may be made,
the local government is to —
(a) review the proposed Policy in the light of any submissions made;
and
(b) resolve to adopt the Policy with or without modification, or not to
proceed with the Policy.
2.4.3. If the local government resolves to adopt the Policy, the local
government is to —
(a) publish notice of the Policy once in a newspaper circulating in the
Scheme area; and
(b) if, in the opinion of the local government, the Policy affects the
interests of the Commission, forward a copy of the Policy to the
Commission.
2.4.4. A Policy has effect on publication of a notice under
clause 2.4.3(a).
2.4.5. A copy of each Local Planning Policy, as amended from time to time,
is to be kept and made available for public inspection during business hours at
the offices of the local government.
2.4.6. Clauses 2.4.1 to 2.4.5, with any necessary changes, apply to
the amendment of a Local Planning Policy.
2.5. Revocation of
Local Planning Policy
A Local Planning Policy may be revoked by —
(a) the adoption by a local government of a new Policy under
clause 2.4 that is expressed to supersede the existing Local Planning
Policy; or
(b) publication of a notice of revocation by the local government once a
week for 2 consecutive weeks in a newspaper circulating in the Scheme
area.
Certain lands within the Scheme area are classified as —
(a) Regional Reserves; or
(b) Local Reserves.
(If there is no region scheme in force, insert the words “Certain
lands within the Scheme area are classified as Local
Reserves.”.)
3.2.1. The lands shown as “Regional Reserves” on the Scheme Map
are lands reserved under the .............. Region Scheme and are shown on the
Scheme Map for the purposes of the Metropolitan Region Town Planning Scheme
Act 1959/Western Australian Planning Commission Act 1985.
These lands are not reserved under the Scheme.
3.2.2. The approval of the local government under the Scheme is not
required for the commencement or carrying out of any use or development on a
Regional Reserve.
Note: The provisions of the .................. Region Scheme
continue to apply to such Reserves and approval is required under the
........................ Region Scheme from the Commission for the commencement
or carrying out of any use or development on a Regional Reserve unless
specifically excluded by the Region Scheme.
(This clause and margin note only apply where a region scheme is in
force. If there is no region scheme in force, insert the words “There are
no regional reserves in the Scheme area”.)
“Local Reserves” are delineated and depicted on the Scheme Map
according to the legend on the Scheme Map.
3.4. Use and
development of Local Reserves
3.4.1. A person must not —
(a) use a Local Reserve; or
(b) commence or carry out development on a Local Reserve,
without first having obtained planning approval under Part 9 of the
Scheme.
3.4.2. In determining an application for planning approval the local
government is to have due regard to —
(a) the matters set out in clause 10.2; and
(b) the ultimate purpose intended for the Reserve.
3.4.3. In the case of land reserved for the purposes of a public authority,
the local government is to consult with that authority before determining an
application for planning approval.
Part 4 —
Zones and the use of land
4.1.1. The Scheme area is classified into the zones shown on the Scheme
Map.
4.1.2. The zones are delineated and depicted on the Scheme Map according to
the legend on the Scheme Map.
The objectives of the zones are —
(List the objectives of the various zones contained in the
Scheme.)
4.3.1. The Zoning Table indicates, subject to the provisions of the Scheme,
the uses permitted in the Scheme area in the various zones. The permissibility
of any uses is determined by cross reference between the list of use classes on
the left hand side of the Zoning Table and the list of zones at the top of the
Zoning Table.
4.3.2. The symbols used in the cross reference in the Zoning Table have the
following meanings —
‘P’ means that the use is permitted by the Scheme providing
the use complies with the relevant development standards and the requirements of
the Scheme;
‘D’ means that the use is not permitted unless the local
government has exercised its discretion by granting planning approval;
‘A’ means that the use is not permitted unless the local
government has exercised its discretion by granting planning approval after
giving special notice in accordance with clause 9.4;
‘X’ means a use that is not permitted by the Scheme.
(A symbol must appear in the cross‑reference of a use class
against all the zones in the Zoning Table.)
4.3.3. A change in the use of land from one use to another is permitted
if —
(a) the local government has exercised its discretion by granting planning
approval;
(b) the change is to a use which is designated with the symbol
‘P’ in the cross reference to that zone in the Zoning Table and the
proposed use complies with all the relevant development standards and any
requirements of the Scheme;
(c) the change is an extension of a use within the boundary of the lot
which does not change the predominant use of the lot; or
(d) the change is to an incidental use that does not change the
predominant use of the land.
Note: 1. The planning approval of the local government is
required for the development of land in addition to any approval granted for the
use of land. In normal circumstances one application is made for both the use
and development of land.
2. The local government will not refuse a ‘P’
use because of the unsuitability of the use for the zone but may impose
conditions on the use of the land to comply with any relevant development
standards or requirements of the Scheme, and may refuse or impose conditions on
any development of the land.
3. In considering a ‘D’ or ‘A’ use,
the local government will have regard to the matters set out in
clause 10.2.
4. The local government must refuse to approve any
‘X’ use of land. Approval to an ‘X’ use of land may only
proceed by way of an amendment to the Scheme.
4.4. Interpretation of
the Zoning Table
4.4.1. Where a specific use is mentioned in the Zoning Table, it is deemed
to be excluded from the general terms used to describe any other use.
4.4.2. If a person proposes to carry out on land any use that is not
specifically mentioned in the Zoning Table and cannot reasonably be determined
as falling within the type, class or genus of activity of any other use category
the local government may —
(a) determine that the use is consistent with the objectives of the
particular zone and is therefore permitted;
(b) determine that the use may be consistent with the objectives of the
particular zone and thereafter follow the advertising procedures of
clause 9.4 in considering an application for planning approval;
or
(c) determine that the use is not consistent with the objectives of the
particular zone and is therefore not permitted.
Despite anything contained in the Zoning Table, the land specified in
Schedule 2 may be used for the specific use or uses that are listed in
addition to any uses permissible in the zone in which the land is situated
subject to the conditions set out in Schedule 2 with respect to that
land.
Note: An additional use is a land use that is permitted on
a specific portion of land in addition to the uses already permissible in that
zone that applies to the land.
(If the Scheme does not include additional uses, insert the words
“There are no additional uses which apply to the
Scheme.”.)
Despite anything contained in the Zoning Table, the land specified in
Schedule 3 may only be used for the specific use or uses that are listed
and subject to the conditions set out in Schedule 3 with respect to that
land.
Note: A restricted use is the only use or uses that is
permitted on a specific portion of land and other uses that would otherwise be
permissible in the zone are not permitted.
(If the Scheme does not include restricted uses, insert the words
“There are no restricted uses which apply to the
Scheme.”.)
4.7.1. Special use zones are set out in Schedule 4 and are in addition
to the zones in the Zoning Table.
4.7.2. A person must not use any land, or any structure or buildings on
land, in a special use zone except for the purpose set out against that land in
Schedule 4 and subject to compliance with any conditions set out in
Schedule 4 with respect to that land.
Note: Special use zones apply to special categories of land
use which do not comfortably sit within any other zone in the
Scheme.
(If the Scheme does not include special use zones, insert the words
“There are no special use zones which apply to the
Scheme.”.)
Except as otherwise provided in the Scheme, no provision of the Scheme is
to be taken to prevent —
(a) the continued use of any land for the purpose for which it was being
lawfully used immediately prior to the Gazettal date;
(b) the carrying out of any development on that land for which,
immediately prior to the Gazettal date, an approval or approvals, lawfully
required to authorise the development to be carried out, were duly obtained and
are current; or
(c) subject to clause 11.2.1, the continued display of advertisements
which were lawfully erected, placed or displayed prior to the Gazettal
date.
Note: “Land” has the same meaning as in the
Town Planning Act and includes houses, buildings and other works and
structures.
4.9. Extensions and
changes to a non‑conforming use
4.9.1. A person must not —
(a) alter or extend a non‑conforming use;
(b) erect, alter or extend a building used in conjunction with or in
furtherance of a non‑conforming use; or
(c) change the use of land from a non‑conforming use to another
non‑conforming use,
without first having applied for and obtained planning approval under the
Scheme.
4.9.2. An application for planning approval under this clause is to be
advertised in accordance with clause 9.4.
4.9.3. Where an application is for a change of use from an existing
non‑conforming use to another non‑conforming use, the local
government is not to grant its planning approval unless the proposed use is less
detrimental to the amenity of the locality than the existing
non‑conforming use and is, in the opinion of the local government, closer
to the intended purpose of the zone.
4.10. Discontinuance
of non‑conforming use
Where a non‑conforming use of any land has been discontinued for a
period of 6 months the land must not be used after that period otherwise
than in conformity with the provisions of the Scheme.
4.11. Termination of a
non‑conforming use
The local government may effect the discontinuance of a
non‑conforming use by the purchase of the land, or by the payment of
compensation to the owner or occupier or to both the owner and occupier of that
land, and may enter into an agreement with the owner for that purpose.
Note: Section 13 of the Town Planning Act enables the
local government to purchase, or, with the consent of the Governor, compulsorily
acquire land for the purpose of a town planning scheme, subject to Part 9 of the
Land Administration Act 1997, that section and the
Scheme.
4.12. Destruction of
non‑conforming use buildings
If a building used for a non‑conforming use is destroyed to 75% or
more of its value, the building is not to be repaired, rebuilt, altered or added
to for the purpose of being used for a non‑conforming use or in a manner
not permitted by the Scheme, except with the planning approval of the local
government.
Part 5 —
General development requirements
(This Part sets out the general requirements which apply to land use
and development within the Scheme area and the specific requirements which apply
to particular uses and forms of development, such as site requirements, access,
parking, building design, setbacks and landscaping, for residential, industrial,
rural and other uses.
The site and development requirements should be inserted after
clause 5.6.
Development requirements applying to particular zones may alternatively
be incorporated with the zoning provisions in Part 4. Development
requirements applying to special control areas should be included in Part
6.)
5.1. Compliance with
development standards and requirements
Any development of land is to comply with the provisions of the
Scheme.
5.2. Residential
Planning Codes
5.2.1. A copy of the Residential Planning Codes is to be kept and made
available for public inspection at the offices of the local
government.
5.2.2. Unless otherwise provided for in the Scheme, the development of land
for any of the residential purposes dealt with by the Residential Planning Codes
is to conform with the provisions of those Codes.
5.2.3. The Residential Planning Codes density applicable to land within the
Scheme area is to be determined by reference to the Residential Planning Codes
density number superimposed on the particular areas contained within the borders
shown on the Scheme Map or where such an area abuts another area having a
Residential Planning Code density, as being contained within the area defined by
the centre‑line of those borders.
5.3. Special
application of Residential Planning Codes
(To be inserted if exclusions and variations to the Codes apply. If no
exclusions or variations apply, insert the words “There are no exclusions
or variations to the Residential Planning Codes which apply to the
Scheme.”.)
5.4.1. Subject to clause 5.4.2, a restrictive covenant affecting any
land in the Scheme area by which, or the effect of which is that, the number of
residential dwellings which may be constructed on the land is limited or
restricted to less than that permitted by the Scheme, is hereby extinguished or
varied to the extent that it is inconsistent with the provisions of the
Residential Planning Codes which apply under the Scheme.
5.4.2. Where clause 5.4.1. operates to extinguish or vary a
restrictive covenant the local government is not to grant planning approval to
the development of the land which would, but for the operation of
clause 5.4.1, have been prohibited unless the application has been dealt
with as an ‘A’ use and has complied with all of the advertising
requirements of clause 9.4.
5.5. Variations to
site and development standards and requirements
5.5.1. Except for development in respect of which the Residential Planning
Codes apply, if a development is the subject of an application for planning
approval and does not comply with a standard or requirement prescribed under the
Scheme, the local government may, despite the non‑compliance, approve the
application unconditionally or subject to such conditions as the local
government thinks fit.
5.5.2. In considering an application for planning approval under this
clause, where, in the opinion of the local government, the variation is likely
to affect any owners or occupiers in the general locality or adjoining the site
which is the subject of consideration for the variation, the local government is
to —
(a) consult the affected parties by following one or more of the
provisions for advertising uses under clause 9.4; and
(b) have regard to any expressed views prior to making its determination
to grant the variation.
5.5.3. The power conferred by this clause may only be exercised if the
local government is satisfied that —
(a) approval of the proposed development would be appropriate having
regard to the criteria set out in clause 10.2; and
(b) the non‑compliance will not have an adverse effect upon the
occupiers or users of the development, the inhabitants of the locality or the
likely future development of the locality.
5.6.1. Environmental conditions to which the Scheme is, or amendments to
the Scheme are, subject are incorporated into the Scheme by Schedule 10 of
the Scheme.
5.6.2. Where appropriate, the environmental conditions are indicated on the
Scheme Map by the symbol EC to indicate that environmental conditions apply to
the land.
5.6.3. The local government is to —
(a) maintain a register of all relevant statements published under
sections 48F and 48G of the EP Act; and
(b) make the statements available for public inspection at the offices of
the local government.
Note: Environmental conditions are those required to be
incorporated into a Scheme or an amendment to a Scheme following assessment
under the Environmental Protection Act 1986.
(If no environmental conditions apply, insert the words “There
are no environmental conditions imposed by the Minister for Environment which
apply to the Scheme.”.)
Part 6 —
Special control areas
(This Part is included in the Scheme to identify areas which are
significant for a particular reason and where special provisions in the Scheme
may need to apply. These provisions would typically target a single issue or
related set of issues often overlapping zone and reserve boundaries. The special
control areas should be shown on Scheme Maps as additional to the zones and
reserves. If a special control area is shown on a Scheme Map, special
provisions related to the particular issue would apply in addition to the
provisions of the zones and reserves. These provisions would set out the purpose
and objectives of the special control area, any specific development
requirements, the process for referring applications to relevant agencies and
matters to be taken into account in determining development
proposals.)
6.1. Operation of
special control areas
6.1.1. The following special control areas are shown on the Scheme
Maps .........................
(List the special control areas which apply in the Scheme. If the
Scheme does not include special control areas, insert the words “There are
no special control areas which apply to the Scheme.”.)
6.1.2. In respect of a special control area shown on a Scheme Map, the
provisions applying to the special control area apply in addition to the
provisions applying to any underlying zone or reserve and any general provisions
of the Scheme.
(If the Scheme does not include heritage provisions, insert the words
“There are no heritage provisions which apply to the
Scheme.”.)
7.1.1. The local government is to establish and maintain a Heritage List to
identify those places within the Scheme area which are of cultural heritage
significance and worthy of conservation under the provisions of the Scheme,
together with a description of each place and the reasons for its
entry.
7.1.2. In the preparation of the Heritage List the local government is
to —
(a) have regard to the municipal inventory prepared by the local
government under section 45 of the Heritage of Western Australia
Act 1990; and
(b) include on the Heritage List such of the entries on the municipal
inventory as it considers to be appropriate.
7.1.3. In considering a proposal to include a place on the Heritage List
the local government is to —
(a) notify in writing the owner and occupier of the place and provide them
with a copy of the description proposed to be used under clause 7.1.1 and
the reasons for the proposed entry;
(b) invite submissions on the proposal from the owner and occupier of the
place within 21 days of the day the notice is served;
(c) carry out such other consultations as it thinks fit; and
(d) consider any submissions made and resolve to enter the place on the
Heritage List with or without modification or reject the proposal after
consideration of the submissions.
7.1.4. Where a place is included on the Heritage List, the local government
is to give notice of the inclusion to the Commission, the Heritage Council of
Western Australia and to the owner and occupier of the place.
7.1.5. The local government is to keep a copy of the Heritage List with the
Scheme documents for public inspection.
7.1.6. The local government may remove or modify the entry of a place on
the Heritage List by following the procedures set out in
clause 7.1.3.
Note: 1. The purpose and intent of the heritage provisions
are —
(a) to facilitate the conservation of places of heritage
value; and
(b) to ensure as far as possible that development occurs
with due regard to heritage values.
2. A “place” is defined in Schedule 1 and
may include works, buildings and contents of buildings.
7.2. Designation of a
heritage area
7.2.1. If, in the opinion of the local government, special planning control
is needed to conserve and enhance the cultural heritage significance and
character of an area, the local government may, by resolution, designate that
area as a heritage area.
7.2.2. The local government is to —
(a) adopt for each heritage area a Local Planning Policy which is to
comprise —
(i) a map showing the boundaries of the heritage area;
(ii) a record of places of heritage significance; and
(iii) objectives and guidelines for the conservation of the heritage area;
and
(b) keep a copy of the Local Planning Policy for any designated heritage
area with the Scheme documents for public inspection.
7.2.3. If a local government proposes to designate an area as a heritage
area, the local government is to —
(a) notify in writing each owner of land affected by the proposed
designation and provide the owner with a copy of the proposed Local Planning
Policy for the heritage area;
(b) advertise the proposal by —
(i) publishing a notice of the proposed designation once a week for 2
consecutive weeks in a newspaper circulating in the Scheme area;
(ii) erecting a sign giving notice of the proposed designation in a
prominent location in the area that would be affected by the designation;
and
(iii) such other methods as the local government considers appropriate to
ensure widespread notice of the proposal;
and
(c) carry out such other consultation as the local government considers
appropriate.
7.2.4. Notice of a proposal under clause 7.2.3(b) is to
specify —
(a) the area subject of the proposed designation;
(b) where the proposed Local Planning Policy which will apply to the
proposed heritage area may be inspected; and
(c) in what form and in what period (being not less than 21 days from
the day the notice is published or the sign is erected, as the case requires)
submissions may be made.
7.2.5. After the expiry of the period within which submissions may be made,
the local government is to —
(a) review the proposed designation in the light of any submissions made;
and
(b) resolve to adopt the designation with or without modification, or not
to proceed with the designation.
7.2.6. If the local government resolves to adopt the designation, the local
government is to forward a copy of the designation to the Heritage Council of
Western Australia, the Commission and each owner of land affected by the
designation.
7.2.7. The local government may modify or revoke a designation of a
heritage area.
7.2.8. Clauses 7.2.3 to 7.2.6 apply, with any necessary changes, to
the amendment of a designation of a heritage area.
The local government may, in accordance with the Heritage of Western
Australia Act 1990, enter into a heritage agreement with an owner or
occupier of land or a building for the purpose of binding the land or affecting
the use of the land or building insofar as the interest of that owner or
occupier permits.
Note: 1. A heritage agreement may include a covenant
intended to run with the land relating to the development or use of the land or
any part of the land.
2. Detailed provisions relating to heritage agreements are
set out in the Heritage of Western Australia
Act 1990.
Despite any existing assessment on record, the local government may
require a heritage assessment to be carried out prior to the approval of any
development proposed in a heritage area or in respect of a heritage place listed
on the Heritage List.
7.5. Variations to
Scheme provisions for a heritage place or heritage area
Where desirable to —
(a) facilitate the conservation of a heritage place entered in the
Register of Places under the Heritage of Western Australia Act 1990
or listed in the Heritage List under clause 7.1.1; or
(b) enhance or preserve heritage values in a heritage area designated
under clause 7.2.1,
the local government may vary any site or development requirement
specified in the Scheme or the Residential Planning Codes by following the
procedures set out in clause 5.5.2.
8.1. Requirement for
approval to commence development
Subject to clause 8.2, all development on land zoned and reserved
under the Scheme requires the prior approval of the local government. A person
must not commence or carry out any development without first having applied for
and obtained the planning approval of the local government under Part
9.
Note: 1. The planning approval of the local government is
required for both the development of land (subject of this Part) and the use of
land (subject of Part 4).
2. Development includes the erection, placement and display
of any advertisements.
3. Approval to commence development may also be required
from the Commission under the ................. Region Scheme.
(Note 3 only applies where a region scheme is in force.)
Except as otherwise provided in the Scheme, for the purposes of the Scheme
the following development does not require the planning approval of local
government —
(a) the carrying out of any building or work which affects only the
interior of a building and which does not materially affect the external
appearance of the building except where the building is —
(i) located in a place that has been entered in the Register of Heritage
Places under the Heritage of Western Australia Act 1990;
(ii) the subject of an order under Part 6 of the Heritage of Western
Australia Act 1990; or
(iii) included on the Heritage List under clause 7.1 of the
Scheme;
(Subparagraph (iii) does not apply if the Scheme does not include
heritage provisions.)
(b) the erection on a lot of a single house including any extension,
ancillary outbuildings and swimming pools, except where —
(i) the proposal requires the exercise of a discretion by the local
government under the Scheme to vary the provisions of the Residential Planning
Codes; or
(ii) the development will be located in a heritage area designated under
the Scheme;
(Insert additional exceptions where applicable.)
(c) the demolition of any building or structure except where the building
or structure is —
(i) located in a place that has been entered in the Register of Places
under the Heritage of Western Australia Act 1990;
(ii) the subject of an order under Part 6 of the Heritage of Western
Australia Act 1990;
(iii) included on the Heritage List under clause 7.1 of the Scheme;
or
(iv) located within a heritage area designated under the Scheme;
(Subparagraphs (iii) and (iv) do not apply if the Scheme does not
include heritage provisions. Insert additional exceptions where
applicable.)
(d) a home office;
(e) any works which are temporary and in existence for less than
48 hours or such longer time as the local government agrees; and
(f) any of the exempted classes of advertisements listed in
Schedule 5 except in respect of a place included in the Heritage List or in
a heritage area.
Note: Development carried out in accordance with a
subdivision approval granted by the Commission is exempt under section 20D
of the Town Planning Act.
(Insert any additional classes of permitted development for which
planning approval is not required.)
8.3. Amending or
revoking a planning approval
The local government may, on written application from the owner of land in
respect of which planning approval has been granted, revoke or amend the
planning approval, prior to the commencement of the use or development subject
of the planning approval.
8.4. Unauthorised
existing developments
8.4.1. The local government may grant planning approval to a use or
development already commenced or carried out regardless of when it was commenced
or carried out, if the development conforms to the provisions of the
Scheme.
8.4.2. Development which was unlawfully commenced is not rendered lawful by
the occurrence of any subsequent event except the granting of planning approval,
and the continuation of the development unlawfully commenced is taken to be
lawful upon the grant of planning approval.
Note: 1. Applications for approval to an existing
development are made under Part 9.
2. The approval by the local government of an existing
development does not affect the power of the local government to take
appropriate action for a breach of the Scheme or the Act in respect of the
commencement or carrying out of development without planning
approval.
Part 9 —
Applications for planning approval
9.1.1. An application for approval for one or more of the
following —
(a) a use or commencement of development on a Local Reserve under
clause 3.4;
(b) commencement of a ‘P’ use which does not comply with all
relevant development standards and requirements of the Scheme as referred to in
clause 4.3.2;
(c) commencement of a ‘D’ use or an ‘A’ use as
referred to in clause 4.3.2;
(d) commencement of a use not listed in the Zoning Table under
clause 4.4.2(b);
(e) alteration or extension of a non‑conforming use under
clause 4.9;
(f) a change of a non‑conforming use under
clause 4.9;
(g) continuation of a non‑conforming use under
clause 4.12;
(h) variation of a site or development requirement under
clause 5.5;
(i) commencement of development under clause 8.1;
(j) continuation of development already commenced or carried out under
clause 8.4;
(k) a subsequent planning approval pursuant to an approval under
clause 10.8.1; and
(l) the erection, placement or display of an advertisement,
is, subject to clause 9.1.2, to be made in the form prescribed in
Schedule 6 and is to be signed by the owner, and accompanied by such plans
and other information as is required under the Scheme.
9.1.2. An application for the erection, placement or display of an
advertisement is to be accompanied by the additional information set out in the
form prescribed in Schedule 7.
Note: 1. Under the provisions of the .......... Region
Scheme, an application for planning approval in respect of land which is wholly
within a regional reserve is to be referred by the local government to the
Commission for determination. No separate determination is made by the local
government.
2. An application for planning approval in respect of land
which is wholly within the management area of the Swan River Trust is to be
referred by the local government to the Swan River Trust for determination by
the Minister responsible for the Swan River Trust
Act 1988.
3. An application for planning approval in respect of land
which is zoned under the .......... Region Scheme and is —
(a) affected by a gazetted notice of resolution made by the
Commission under clause 32 of the Metropolitan Region
Scheme;
(b) within or partly within a planning control area
declared by the Commission under section 35C of the Metropolitan Region
Town Planning Scheme Act 1959 or section 37B of the Western
Australian Planning Commission Act 1985;
(c) partly within the management area of the Swan River
Trust or which abuts waters that are in that area; or
(d) affected by a notice of delegation published in the
Gazette by the Commission under section 20 of the Western
Australian Planning Commission Act 1985 and is not of a type which may
be determined by the local government under that notice,
is to be referred by the local government to the Commission
in accordance with the requirements of the ........... Region Scheme and notice
of delegation. Separate determinations are made by the local government under
the Scheme and the Commission under the Region Scheme.
(The notes only apply where a region scheme is in force. In respect of
Schemes in the metropolitan region, the full notes apply. For Schemes outside
the metropolitan region, items 2, 3(a) and 3(c) should be deleted and the items
renumbered accordingly.)
Unless the local government waives any particular requirement every
application for planning approval is to be accompanied by —
(a) a plan or plans to a scale of not less than 1:500 showing —
(i) the location of the site including street names, lot numbers, north
point and the dimensions of the site;
(ii) the existing and proposed ground levels over the whole of the land
the subject of the application and the location, height and type of all existing
structures, and structures and vegetation proposed to be removed;
(iii) the existing and proposed use of the site, including proposed hours
of operation, and buildings and structures to be erected on the site;
(iv) the existing and proposed means of access for pedestrians and
vehicles to and from the site;
(v) the location, number, dimensions and layout of all car parking spaces
intended to be provided;
(vi) the location and dimensions of any area proposed to be provided for
the loading and unloading of vehicles carrying goods or commodities to and from
the site and the means of access to and from those areas;
(vii) the location, dimensions and design of any open storage or trade
display area and particulars of the manner in which it is proposed to develop
the same; and
(viii) the nature and extent of any open space and landscaping proposed
for the site;
(b) plans, elevations and sections of any building proposed to be erected
or altered and of any building it is intended to retain;
(c) any specialist studies that local government may require the applicant
to undertake in support of the application such as traffic, heritage,
environmental, engineering or urban design studies; and
(d) any other plan or information that the local government may require to
enable the application to be determined.
9.3. Additional
material for heritage matters
Where an application relates to a place entered on the Heritage List or
within a heritage area, the local government may require an applicant to provide
one or more of the following to assist the local government in its determination
of the application —
(a) street elevations drawn to a scale not smaller than 1:100 showing the
proposed development and the whole of the existing development on each lot
immediately adjoining the land the subject of the application, and drawn as one
continuous elevation;
(b) a detailed schedule of all finishes, including materials and colours
of the proposed development and, unless the local government exempts the
applicant from the requirement or any part of it, the finishes of the existing
developments on the subject lot and on each lot immediately adjoining the
subject lot.
9.4. Advertising of
applications
9.4.1. Where an application is made for planning approval to commence a use
or commence or carry out development which involves a use which is —
(a) an ‘A’ use as referred to in clause 4.3.2;
or
(b) a use not listed in the Zoning Table,
the local government is not to grant approval to that application unless
notice is given in accordance with clause 9.4.3.
9.4.2. Despite clause 9.4.1, where application is made for a purpose
other than a purpose referred to in that clause, the local government may
require notice to be given in accordance with clause 9.4.3.
9.4.3. The local government may give notice or require the applicant to
give notice of an application for planning approval in one or more of the
following ways —
(a) notice of the proposed use or development served on nearby owners and
occupiers who, in the opinion of the local government, are likely to be affected
by the granting of planning approval, stating that submissions may be made to
the local government by a specified date being not less than 14 days from
the day the notice is served;
(b) notice of the proposed use or development published in a newspaper
circulating in the Scheme area stating that submissions may be made to the local
government by a specified day being not less than 14 days from the day the
notice is published;
(c) a sign or signs displaying notice of the proposed use or development
to be erected in a conspicuous position on the land for a period of not less
than 14 days from the day the notice is erected.
9.4.4. The notice referred to in clause 9.4.3(a) and (b) is to be in
the form prescribed in Schedule 8 with such modifications as are considered
appropriate by the local government.
9.4.5. Any person may inspect the application for planning approval
referred to in the notice and the material accompanying that application at the
offices of the local government.
9.4.6. After the expiration of the specified period from the serving of
notice of the application for planning approval, the publication of the notice
or the erection of a sign or signs, whichever is the later, the local government
is to consider and determine the application.
Part 10 —
Procedure for dealing with applications
10.1. Consultation
with other authorities
10.1.1. In considering an application for planning approval the local
government may consult with any other statutory, public or planning authority it
considers appropriate.
10.1.2. In the case of land reserved under the Scheme for the purposes of a
public authority, the local government is to consult that authority before
making its determination.
10.2. Matters to be
considered by local government
The local government in considering an application for planning approval
is to have due regard to such of the following matters as are in the opinion of
the local government relevant to the use or development the subject of the
application —
(a) the aims and provisions of the Scheme and any other relevant town
planning schemes operating within the Scheme area (including the
................ Region Scheme);
(b) the requirements of orderly and proper planning including any relevant
proposed new town planning scheme or amendment, or region scheme or amendment,
which has been granted consent for public submissions to be sought;
(c) any approved statement of planning policy of the Commission;
(d) any approved environmental protection policy under the
Environmental Protection Act 1986;
(e) any relevant policy or strategy of the Commission and any relevant
policy adopted by the Government of the State;
(f) any Local Planning Policy adopted by the local government under
clause 2.4, any heritage policy statement for a designated heritage area
adopted under clause 7.2.2, and any other plan or guideline adopted by the
local government under the Scheme;
(g) in the case of land reserved under the Scheme, the ultimate purpose
intended for the reserve;
(h) the conservation of any place that has been entered in the Register
within the meaning of the Heritage of Western Australia Act 1990, or
which is included in the Heritage List under clause 7.1, and the effect of
the proposal on the character or appearance of a heritage area;
(i) the compatibility of a use or development with its setting;
(j) any social issues that have an effect on the amenity of the
locality;
(k) the cultural significance of any place or area affected by the
development;
(l) the likely effect of the proposal on the natural environment and any
means that are proposed to protect or to mitigate impacts on the natural
environment;
(m) whether the land to which the application relates is unsuitable for
the proposal by reason of it being, or being likely to be, subject to flooding,
tidal inundation, subsidence, landslip, bush fire or any other risk;
(n) the preservation of the amenity of the locality;
(o) the relationship of the proposal to development on adjoining land or
on other land in the locality including but not limited to, the likely effect of
the height, bulk, scale, orientation and appearance of the proposal;
(p) whether the proposed means of access to and egress from the site are
adequate and whether adequate provision has been made for the loading,
unloading, manoeuvring and parking of vehicles;
(q) the amount of traffic likely to be generated by the proposal,
particularly in relation to the capacity of the road system in the locality and
the probable effect on traffic flow and safety;
(r) whether public transport services are necessary and, if so, whether
they are available and adequate for the proposal;
(s) whether public utility services are available and adequate for the
proposal;
(t) whether adequate provision has been made for access for pedestrians
and cyclists (including end of trip storage, toilet and shower
facilities);
(u) whether adequate provision has been made for access by disabled
persons;
(v) whether adequate provision has been made for the landscaping of the
land to which the application relates and whether any trees or other vegetation
on the land should be preserved;
(w) whether the proposal is likely to cause soil erosion or land
degradation;
(x) the potential loss of any community service or benefit resulting from
the planning approval;
(y) any relevant submissions received on the application;
(z) the comments or submissions received from any authority consulted
under clause 10.1.1;
(za) any other planning consideration the local government considers
relevant.
(The wording in brackets in paragraph (a) only applies where a
region scheme is in force.)
10.3. Determination of
applications
In determining an application for planning approval the local government
may —
(a) grant its approval with or without conditions; or
(b) refuse to grant its approval.
10.4. Form and date of
determination
10.4.1. As soon as practicable after making a determination in relation to
the application, the local government is to convey its determination to the
applicant in the form prescribed in Schedule 9 and the date of
determination is to be the date given in the notice of the local
government’s determination.
10.4.2. Where the local government refuses an application for planning
approval the local government is to give reasons for its refusal.
10.5. Term of planning
approval
10.5.1. Where the local government grants planning approval for the
development of land —
(a) the development approved is to be substantially commenced within
2 years, or such other period as specified in the approval, after the date
of the determination; and
(b) the approval lapses if the development has not substantially commenced
before the expiration of that period.
10.5.2. A written request may be made to the local government for an
extension of the term of planning approval at any time prior to the expiry
of the approval period in clause 10.5.1.
10.6. Temporary
planning approval
Where the local government grants planning approval, the local government
may impose conditions limiting the period of time for which the approval is
granted.
Note: A temporary planning approval is where the local
government grants approval for a limited period, for example, where the land may
be required for some other purpose in the future, and is different to the term
of the planning approval which is the period within which the development must
commence.
10.7. Scope of
planning approval
Planning approval may be granted —
(a) for the use or development for which the approval is sought;
(b) for that use or development, except for a specified part or aspect of
that use or development; or
(c) for a specified part or aspect of that use or development.
10.8. Approval subject
to later approval of details
10.8.1. Where an application is for a development that includes the
carrying out of any building or works, the local government may grant approval
subject to matters requiring the subsequent planning approval of the local
government. These matters may include the siting, design, external appearance of
the buildings, means of access, landscaping, and such other matters as the local
government thinks fit.
10.8.2. In respect of an approval requiring subsequent planning approval,
the local government may require such further details as it thinks fit prior to
considering the application.
10.8.3. Where the local government has granted approval subject to matters
requiring the later planning approval of the local government, an application
for approval of those matters must be made not later than 2 years after the
date of the determination of the first approval, or such other period as is
specified in the approval.
10.9.1. Subject to clause 10.9.2, an application for planning approval
is deemed to have been refused if a determination in respect of that application
is not conveyed to the applicant by the local government within 60 days of
the receipt of the application by the local government, or within such further
time as is agreed in writing between the applicant and the local
government.
10.9.2. An application for planning approval which is the subject of a
notice under clause 9.4 is deemed to be refused where a determination in
respect of that application is not conveyed to the applicant by the local
government within 90 days of the receipt of the application by the local
government, or within such further time as is agreed in writing between the
applicant and the local government.
10.9.3. Despite an application for planning approval being deemed to have
been refused, the local government may issue a determination in respect of the
application at any time after the expiry of the period specified in
clause 10.9.1 or 10.9.2, as the case requires, and that determination is as
valid and effective from the date of determination as if it had been made before
the period expired.
An applicant aggrieved by a determination of the local government in
respect of the exercise of a discretionary power under the Scheme may apply for
review to the State Administrative Tribunal in accordance with Part V of
the Town Planning and Development Act 1928.
[Clause 10.10 amended in Gazette 30 Dec 2004
p. 6958.]
Part 11 —
Enforcement and administration
11.1. Powers of the
local government
11.1.1. The local government in implementing the Scheme has the power
to —
(a) enter into an agreement with any owner, occupier or other person
having an interest in land affected by the provisions of the Scheme in respect
of any matter pertaining to the Scheme;
(b) acquire any land or buildings within the Scheme area under the
provisions of the Scheme or the Town Planning Act; and
(c) deal with or dispose of any land which it has acquired under the
provisions of the Scheme or the Town Planning Act in accordance with the law and
for such purpose may make such agreements with other owners as it considers
fit.
11.1.2. An employee of the local government authorised by the local
government may, at all reasonable times and with such assistance as may be
required, enter any building or land for the purpose of ascertaining whether the
provisions of the Scheme are being observed.
11.2. Removal and
repair of existing advertisements
11.2.1. Where an existing advertisement at, or at any time after, the
coming into force of the Scheme, is, in the opinion of the local government, in
conflict with the amenity of the locality, the local government may by written
notice (giving clear reasons) require the advertiser to remove, relocate,
repair, adapt or otherwise modify the advertisement.
11.2.2. Where, in the opinion of the local government, an advertisement has
deteriorated to a point where it is in conflict with the aims of the Scheme or
it ceases to be effective for the purpose for which it was erected or displayed,
the local government may by written notice require the advertiser
to —
(a) repair, repaint or otherwise restore the advertisement to a standard
specified by the local government in the notice; or
(b) remove the advertisement.
11.2.3. For the purpose of clauses 11.2.1 and 11.2.2 any notice is to
be served on the advertiser and is to specify —
(a) the advertisement the subject of the notice;
(b) full details of the action or alternative courses of action to be
taken by the advertiser to comply with the notice; and
(c) the period, being not less than 60 days from the date of the
local government’s determination, within which the action specified is to
be completed by the advertiser.
11.2.4. A person on whom notice is served under this clause may apply for a
review of the determination of the local government to the State Administrative
Tribunal in accordance with Part V of the Town Planning and Development
Act 1928.
[Clause 11.2 amended
in Gazette 30 Dec 2004 p. 6958.]
11.3. Delegation of functions
11.3.1. The local government may, in writing and either generally or as
otherwise provided by the instrument of delegation, delegate to a committee or
the CEO, within the meaning of those expressions under the Local Government
Act 1995, the exercise of any of its powers or the discharge of any of
its duties under the Scheme, other than this power of delegation.
11.3.2. The CEO may delegate to any employee of the local government the
exercise of any of the CEO’s powers or the discharge of any of the
CEO’s duties under clause 11.3.1.
11.3.3. The exercise of the power of delegation under clause 11.3.1
requires a decision of an absolute majority as if the power had been exercised
under the Local Government Act 1995.
11.3.4. Sections 5.45 and 5.46 of the Local Government
Act 1995 and the regulations referred to in section 5.46 apply to
a delegation made under this clause as if the delegation were a delegation under
Division 4 of Part 5 of that Act.
11.4. Person must
comply with provisions of Scheme
A person must not —
(a) contravene or fail to comply with the provisions of the
Scheme;
(b) use any land or commence or continue to carry out any development
within the Scheme area —
(i) otherwise than in accordance with the Scheme;
(ii) unless all approvals required by the Scheme have been granted and
issued;
(iii) otherwise than in accordance with any conditions imposed upon the
grant and the issue of any approval required by the Scheme; and
(iv) otherwise than in accordance with any standards laid down and any
requirements prescribed by the Scheme or determined by the local government
under the Scheme with respect to that building or that use.
Note: Section 10(4) of the Town Planning Act provides
that a person who —
(a) contravenes or fails to comply with the provisions of a
town planning scheme; or
(b) commences or continues to carry out any development
which is required to comply with a town planning scheme otherwise than in
accordance with that scheme or otherwise than in accordance with any condition
imposed with respect to the development by the responsible authority pursuant to
its powers under that scheme,
is guilty of an offence.
Penalty: $50 000, and a daily penalty of
$5 000.
11.5.1. A person whose land or property is injuriously affected by the
making or amendment of the Scheme may make a claim for compensation under
section 11(1) of the Town Planning Act —
(a) in any case, within 6 months of the date of publication of notice
of the approval of the Scheme or the amendment, as the case requires, in
accordance with the Town Planning Regulations 1967; or
(b) where the land has been reserved for a public purpose and —
(i) an application made under the Scheme for approval to carry out
development on the land is refused; or
(ii) an application made under the Scheme for approval to carry out
development on the land is granted subject to conditions that have the effect of
permitting the land to be used or developed for no purpose other than a public
purpose,
not later than 6 months after the application is refused or the
permission granted.
11.5.2. A person whose land or property is injuriously affected by the
making of a Scheme may not claim compensation for that injurious affection more
than once under clause 11.5.1.
Note: 1. A claim for compensation in respect of the refusal
of planning approval or the imposition of conditions on land reserved under the
.......Region Scheme should be made under the (Metropolitan Region Town
Planning Scheme Act 1959/Western Australian Planning Commission
Act 1985).
2. A claim for compensation under section 11(1) of the
Town Planning Act may be made in the Form No. 7 in Appendix A of the
Town Planning Regulations 1967.
11.6. Purchase or
taking of land
11.6.1. If, where compensation for injurious affection is claimed under the
Town Planning Act, the local government elects to purchase or take the land
compulsorily the local government is to give written notice of that election to
the claimant within 3 months of the claim for compensation being
made.
11.6.2. The local government may deal with or dispose of land acquired by
it for the purpose of a Local Reserve upon such terms and conditions as it
thinks fit but the land must be used, and preserved, for a use compatible with
the purpose for which it is reserved.
Note: Section 13 of the Town Planning Act empowers the
local government to purchase or compulsorily acquire land comprised in a
scheme.
11.7. Notice for
removal of certain buildings
11.7.1. Under section 10(1) of the Town Planning Act, 28 days
written notice is prescribed as the notice to be given for the removal of a
building or other work referred to in that subsection.
11.7.2. The local government may recover expenses under section 10(2)
of the Town Planning Act in a court of competent jurisdiction.
Schedules
Schedule 1 Dictionary of defined words and expressions
General definitions
Land use definitions
Schedule 2 Additional uses
Schedule 3 Restricted uses
Schedule 4 Special use zones
Schedule 5 Exempted advertisements
Schedule 6 Form of application for planning approval
Schedule 7 Additional information for advertisements
Schedule 8 Notice of public advertisement of planning
proposal
Schedule 9 Notice of determination on application for planning
approval
Schedule 10 Environmental conditions
(If the Scheme does not include provisions requiring reference to
Schedule 2, 3, 4 or 10, then insert the words “Schedule(s)
............ does/do not apply to the Scheme.”.)
1 This is a compilation of the Town Planning
Regulations 1967 and includes the amendments made by the other written
laws referred to in the following table. The table also contains information
about any reprint.
|
Citation |
Gazettal |
Commencement |
|---|---|---|
|
28 Nov 1967 p. 3227‑53 |
28 Nov 1967 |
|
|
|
22 Jun 1973 |
22 Jun 1973 |
|
Town Planning Amendment
Regulations 1976 |
27 Feb 1976 |
27 Feb 1976 |
|
Reprint of the Town Planning Regulations 1967
in Gazette 28 Oct 1976
p. 4067-102 |
||
|
Town Planning Amendment
Regulations 1981 |
15 May 1981 p. 1493‑5 |
15 May 1981 |
|
Town Planning Amendment
Regulations 1982 |
10 Sep 1982 p. 3655 |
10 Sep 1982 |
|
Town Planning Amendment Regulations 1984
4 |
10 Aug 1984 p. 2364‑5 |
10 Aug 1984 |
|
Town Planning Amendment Regulations 1986
5 |
7 Mar 1986
p. 703‑9 |
10 Mar 1986 (see r. 2) |
|
Town Planning Amendment
Regulations 1996 |
9 Feb 1996 p. 485‑8 |
9 Feb 1996 |
|
Reprint of the Town Planning Regulations 1967
as at 28 May 1996 |
||
|
Town Planning Amendment Regulations (No. 2) 1996
6 |
2 Aug 1996 p. 3632‑9 |
4 Aug 1996 (see r. 2 and Gazette
2 Aug 1996 p. 3615) |
|
Town Planning Amendment
Regulations 1998 |
11 Dec 1998 p. 6637‑42 |
11 Dec 1998 |
|
Town Planning Amendment
Regulations 1999 |
22 Oct 1999
p. 5191‑275 |
22 Oct 1999 |
|
Town Planning Amendment Regulations (No. 2) 1999
7 |
21 Dec 1999 p. 6417‑18 |
21 Dec 1999 |
|
Reprint of the Town Planning Regulations 1967 as
at 1 Mar 2002 |
||
|
Town Planning Amendment
Regulations 2002 |
27 Aug 2002 p. 4357-61 |
27 Aug 2002 |
|
Town Planning Amendment Regulations
2004 |
30 Dec 2004 p. 6958-9 |
1 Jan 2005 (see r. 2 and Gazette
31 Dec 2004 p. 7130) |
2 The Water Authority of Western Australia no longer exists. See
the Water Agencies Restructure (Transitional and Consequential Provisions)
Act 1995 s. 8.
3 Under the Public Sector Management Act 1994 the names
of departments can be changed. At the time of this reprint the former
Department of Conservation and Environment is called the Department of
Environment and Heritage.
4 The Town Planning Amendment Regulations 1984 r. 7
was a transitional provision that is of no further effect.
5 The Town Planning Amendment Regulations 1986 r. 32
was a transitional provision that is of no further effect.
6 The Town Planning Amendment Regulations (No. 2)
1996 r. 23 published in the Gazette on 2 Aug 1996
p. 3639 reads as follows:
“
23. Transitional
If sections 7A1, 7A2, 7A3 and 7A4 of the Act do not apply to a
Scheme or Amendment because of the operation of section 45(2) of the
Planning Legislation Amendment Act 1996, the principal regulations
apply to that Scheme or Amendment as if regulations 7 to 12 and 15 to
17 of these regulations were not in operation.
”.
7 Disallowed on 3 May 2000, see Gazette
9 May 2000, p. 2242.
8 Formerly made under s. 8 and 9 of the Town Planning
and Development Act 1928, continued under s. 256, 258 and 259 of the
Planning and Development Act 2005.