On 27 May 2020, we reported on the Planning and Development Amendment Bill 2020 (WA) (PD Amendment Bill), which is now the Planning and Development Amendment Act 2020 (PD Amendment Act), passed by the WA Parliament on 23 June 2020 and gazetted on 7 July 2020.
In this alert, Solicitor Lily Robinson and colleagues provide an update on the legislation. The PD Amendment Bill was slightly modified by the PD Amendment Act to the extent that:
- The threshold for what constitutes a ‘significant development’ has been lowered and the additional dwelling and net lettable area requirements have been removed. A significant development now includes developments that have an estimated cost of:
- $20 million or more in the metropolitan region; or
- $5 million or more in areas outside the metropolitan region (excluding warehouses).
- The period for substantial commencement of a development approved by the Western Australian Planning Commission (WAPC) has been reduced. The development must be substantially commenced:
- within the period specified in the approval; or
- if no period is specified in the approval, within the period of 24 months beginning on the day on which the approval is granted.
- With respect to the WAPC’s obligations to undertake consultations when considering certain development applications, the PD Amendment Act ensures that the WAPC has due regard to any submissions made, or advice given during any consultations. Note that this is in addition to the requirements of the WAPC to, among other things, have due regard to:
- the purpose and intent of any planning scheme that has effect in the locality to which the development application relates;
- the need to ensure the orderly and proper planning, and the preservation of amenity, of that locality;
- the need to facilitate development in response to the economic effects of the COVID-19 pandemic; and
- any relevant state planning policies and any other relevant policies of the WAPC.
- With respect to the power of:
- on the Minister’s recommendation, the Premier to direct any person or body dealing with a development application to refer it to the WAPC for determination or direct the WAPC to determine a development application; and
- the Minister to give a direction to resolve a conflict with a development approval granted by the WAPC,
the PD Amendment Act includes a requirement that, within 14 days of giving a direction, the Premier or Minister, as the case may be, must cause a copy of the direction to be published in the Government Gazette and a copy to be laid before each House of Parliament or be dealt with under section 268A of the Planning and Development Act 2005 (WA).
It is hoped that now this legislation has passed, the new development application process introduced to support significant, job-creating projects, will provide much-needed relief to the Western Australian economy.
We will continue to follow the progress of the Western Australian planning reforms and provide updates on amendments made to planning regulations and State planning policies when available.