THIS WEEK THE MINISTER FOR PLANNING, THE HON JOHN DAY MLA, RELEASED THE LONG AWAITED DRAFT PLANNING AND DEVELOPMENT (LOCAL PLANNING SCHEMES) REGULATIONS 2014. WHEN FINALISED, THESE REGULATIONS WILL AMEND AND REPLACE TOWN PLANNING REGULATIONS 1967 AND THE ASSOCIATED MODEL SCHEME TEXT.
Whilst regulations can be extremely dry reading, this 150 page document marks a very positive step forward, with the opportunity for improvement when gaps and omissions are addressed during the consultation period.
Local Planning Schemes are incredibly important in the development process and they have been plagued with delay and conflict over the years. These new regulations are trying to create greater consistency between local governments and make things happen in a timely way.
Whilst the Ministerial press release focused on the time reduction for R-Code compliant single dwellings at the end of the process, there are many gains which will help to deliver the land on which they are being built more efficiently, and ultimately, in a more affordable way.
Out of date Town Planning Schemes have been a long term issue for the industry, so the requirement for a report to the Western Australian Planning Commission on how older schemes will be reviewed by the local government is very welcome.
UDIA also welcomed the risk based approach which will see scheme amendments separated into three schemes: Basic (such as administrative amendments with no advertising), Standard (21 day advertising), Complex (42 day advertising). Unfortunately there are some significant gaps in the process where the time frame has not been specified, but overall this is a positive step.
The Model Scheme Text has also been reviewed and updated with Local Authorities being required to incorporate these provisions into their Scheme with only the Minister able to approve a variation. This will hopefully improve the consistency of terminology, which is important for all stakeholders.
Probably the most interesting thing is the use of Deemed Provisions. Because these are so important, it will be critical that we get them correct as they will be very hard to change and will have a strong impact on the outcomes.
There are some parts of the regulations which UDIA questions, such as the ten year sunset clause which is likely to cause problems for larger developments, but overall these regulations will have a positive impact on timelines for development.
The Regulations are now out for comment with gazettal anticipated on 1 July 2015 and can be found on the website of the Western Australian Planning Commission.