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Town and Country Planning WA

Locality: Busselton, Western Australia

Phone: +61 474 913 387



Address: 48 Lindsay Drive 6280 Busselton, WA, Australia

Website: http://www.tcpwa.com.au

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23.01.2022 The WA Government’s COVID-19 Recovery legislative reforms have resulted in a number of significant changes to the planning system. Most of the attention has (quite rightly) been on the reform’s shiny new centerpiece the 'significant development' approval pathway, which establishes an alternative development approval pathway for major developments with a value of $20 million or more (or $5 million in regional areas). There is however another reform which, although not nearl...y as shiny and bedazzling, will deliver significant bang for buck for the land development industry. A new Part 18 has been inserted in the Planning and Development Act 2005. In the simplest of terms, Part 18 (section 288) grants an automatic 2 year extension to any subdivision application that was submitted (but not yet approved) or approved (but not yet lapsed) as of 16 March 2020. As part of the second phase of legislative reform we can also expect to see a new section (section 145A) included in the Act, which will enable landowners to apply for extensions to the term of their subdivision approval an ability that has been strangely absent from the Act up until now. Presumably this amendment has been held back to the second phase of reforms to allow time for a policy framework to be prepared in order to guide how and when applications for extension should be considered. The time and cost associated with having to re-apply for subdivision approvals under the present framework is considerable. Not only does it take at least the standard 90 days, but the re-approval process often results in a different set of conditions or construction requirements second-time around, despite no major changes to the policy framework since the original approval. In the past this has caused significant frustrations for the industry, and it's encouraging to see it being addressed through the planning reform process, with both a short-term and long-term solution. The extension to subdivision approval periods, although not nearly as shiny or headline-worthy as some others, is undoubtedly a significant reform in terms of the time and cost saving, and will achieve precisely what is intended by the reforms - to allow economy-boosting construction to proceed immediately. Perhaps most significantly, it will assist the development industry to maintain a steady supply of land to the market as we ride the current housing stimulus wave. At TCP we are passionate about planning reform. We welcome any opportunity to talk planning reform with our peers in the government and development industries.



18.01.2022 R-CODES INTERIM COVID-19 REVIEW | Revisions to the R-Codes Volume 1 Today the DPLH has released for advertising revisions to the R-Codes Volume 1. The proposed changes aim to streamline the approvals process by reviewing deemed-to-comply standards and simplifying assessment methods. The intended outcome being the removal of common triggers that currently require simple applications for new dwellings and improvements to attain development approval. Revisions include reductio...ns to open space requirements; reduced site area requirement for ancillary dwellings; and increased outdoor living area and landscaping requirements, amongst many others. Whilst the revisions are designed to ‘cut red-tape’, they are not without consequences, especially for smaller lots. The summary sheet and schedule of mods is available for download via this link https://consultation.dplh.wa.gov.au//r-codes-interim-covi/ These will be advertised until 10 September 2020.

17.01.2022 And the new web page for the State Development Assessment Unit is live. It includes information on the forms, fees and the application process as well as FAQ's https://www.dplh.wa.gov.au/sdau

12.01.2022 Firefighters across Australia we salute you for what you for what you are doing. For government agencies and planners out there we wonder if our bushfire planning at the sub-regional level (and not just site by site & new build by new build) is truly and strategically working. Pic credit: Horsley Park Rural Fire Brigade



11.01.2022 You have to love these new super sized pots adding colour to in the Bunbury CBD

11.01.2022 Town and Country Planning is now on LinkedIn, Facebook and Instagram! Please follow us to keep updated with the latest movements with the Town and Country Planning team.

10.01.2022 City of Busselton - time to 'buy local'; this type of purchasing activity is not in the spirit of supporting small business regional WA. https://www.busseltonmail.com.au//busseltons-bookshops-n/



08.01.2022 The 2019 edition of the Map of Bush Fire Prone Areas came into effect on 1 June. All designated bushfire prone areas will be coloured pink, while newly designated areas will have an additional blue cross-hatched overlay for the first four months of designation. Mapping is available on the DFES website https://maps.slip.wa.gov.au/landgate/bushfireprone/

07.01.2022 The DPLH released the following important announcement on the implementation of State Guidance relating to Planning in Bushfire prone areas. The Department of Planning Lands and Heritage released a draft Element 3 Vehicular Access (Guidelines for Planning in Bushfire Prone Areas) for targeted consultation, which closed in March 2019. We would like to advise that the draft Element 3 Vehicular Access has not progressed to the point where it should be given consideration in ...determining planning applications. Local governments and consultants have raised significant concerns regarding the increases proposed to the horizontal clearance in the draft Table 6: Vehicular access technical requirements. It is likely that significant changes to the element will be undertaken prior to conducting a further round of targeted consultation. Planning applications within designated bushfire prone areas should be assessed under the current requirements of Version 1.3 of the Guidelines in Bushfire Prone Areas. We appreciate the frustration and the urgency to release a final version and are currently working towards this as a priority.

07.01.2022 Far reaching changes, including both procedural changes to the way planning law is administered and practical changes that will be of continuing relevance to developers, were introduced by the Planning and Development Amendment Act 2020 (WA) (Act). The Act received royal assent on 7 July 2020 and will amend the Planning and Development Act 2005 (WA) (PD Act). Definition of ‘significant development’ The new Part 17 of the PD Act creates a different approvals process for ‘signi...ficant developments.’ Under the Act, ‘significant developments’ may be referred directly to the Western Australian Planning Commission (WAPC) for determination. The definition of ‘significant development’ has been amended to: Development that has an estimated cost of $20 million or more in the metropolitan region; or Development that has an estimated cost of $5 million or more outside of the metropolitan region. This is a significantly wider definition than originally proposed, and in particular opens avenues for regional developments. However, we note that this definition relates only to development and does not contemplate strategic planning instruments, such as structure plans, activity centre plans or local development plans. Default substantial commencement period reduced The default period for substantially commencing ‘significant developments’ has been redefined to a period of 24 months from the date of approval. This is a reduction from 48 months as proposed in the original version of the Bill. This means development will need to commence earlier than previously anticipated or else approval will lapse. The WAPC still has the power to impose a longer or shorter substantial commencement period. WAPC must undertake public consultation The changes to the wording now strengthen the requirement for public consultation as part of the new ‘significant development’ approval pathway. Where previously public consultation was worded as discretionary, it is now a required part of the approval process. The WAPC may also do ‘anything else’ it deems appropriate to ‘obtain a document, information, an opinion or any other contribution from any person or body’. The Act now requires the WAPC to consult with the Department of Water and Environmental Regulation if the land is classified as contaminated and thereby subject to a Memorial under the Contaminated Sites Act 2003 (WA). While removing the express requirement to consult with the Environmental Protection Authority, the Act now expressly states ‘for the avoidance of doubt’ that the Environmental Protection Act 1986 (WA) prevails in the case of conflict. Conclusion Stricter guidelines on the process the WAPC must undergo to approve developments is a concession to the effectiveness of the Act as a ‘red-tape’ cutting measure. However, this balances the shorter substantial commencement period and wider significant development definition.

03.01.2022 If you have a tricky project and need dependant consultant planning advice contact us at TCP WA https://tcpwa.com.au

03.01.2022 Good work Ivan Lovatt, chicken wire sculpture



01.01.2022 We welcome the exciting announcement of the State Governments new policy regarding housing on lots less than 100m2, which is now available on the DPLH website. This Position Statement provides the opportunity for innovative development of small lots (80m2 and greater) to advance housing affordability, diversity and density in appropriate locations. The policy stipulates locational criteria, specific development standards and planning framework requirements of structure plan...s and activity centre plans for an integrated outcome. TCP WA supports innovation in housing diversity in Western Australia, involving careful home designs on small lots. This new policy will provide guidance for consistency and introduction of small lot development in new residential areas and activity centres and corridors. Please contact us to discuss in detail our experience.

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