Prescribed classes of amendments to local planning schemes (Act s. 48AAA(2))
33C Prescribed classes of amendments to local planning schemes (Act s. 48AAA(2))
In this regulation —
building envelope has the meaning given in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 1 clause 37(1);
cultural place means a place as defined in the Heritage Act 2018 section 7 that has cultural heritage significance as defined in section 5 of that Act;
design requirement —
means a development requirement that relates to the design of a development; and
includes a development requirement relating to setbacks, building height, vehicle parking, signage or plot ratio;
development has the meaning given in the Planning and Development Act 2005 section 4(1);
development requirement has the same meaning as in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 1;
land use category means a category of land use referred to in a local planning scheme;
native vegetation has the meaning given in section 51A of the Act;
R‑Codes has the meaning given in the Planning and Development (Local Planning Scheme) Regulations 2015 Schedule 2 clause 1.
For the purposes of section 48AAA(2) of the Act, the following classes of amendments to a local planning scheme are prescribed —
an amendment referred to in paragraph(a)(i) to (iv), (vi) or (viii) of the definition of basic amendment in the Planning and Development (Local Planning Schemes) Regulations 2015 regulation 34;
an amendment to correct an error if —
the error is in, or otherwise relates to, a map, plan or diagram included in the scheme; and
the correction does not alter the zoning or classification of land;
an amendment to classify an area of land as a reserve for the purpose of —
public open space; or
environmental conservation; or
State forest;
an amendment to include or alter a definition of a land use category if the Western Australian Planning Commission considers that the amendment would not materially impact the operation of the planning scheme;
an amendment to zone an area of land, or to classify an area of land as a reserve, for the purpose of conserving a cultural place;
an amendment to alter or repeal a design requirement that relates only to signage and facade treatments on land that is not —
zoned environmental conservation; or
classified as a reserve for environmental conservation; or
designated as special control area ‑ environment;
an amendment to zone land (except land zoned environmental conservation) if the zoning allows the land to be used for a purpose that —
involves carrying out development within the existing building envelope; and
is not a light industry, general industry, industrial development or strategic industry purpose;
an amendment to increase the residential density code and decrease the minimum site area per dwelling as set out in the R‑Codes Table 1 for an area of land from R12.5 or higher if the area of land —
is already developed in accordance with the existing R‑Codes; and
does not abut land that is an area of native vegetation;
an amendment to include a new provision or alter an existing provision regarding the administration and enforcement of the planning scheme;
an amendment to zone an area of land, or to classify an area of land as a reserve, if —
the area of land has been subdivided and developed to the extent permitted by an approved redevelopment scheme; and
the approved redevelopment scheme for that area of land ceases to apply; and
the amendment is required to reflect a zone or reserve created under the approved redevelopment scheme;
an amendment to identify or alter an area of land within the scheme area as a development contribution area because of a determination made under the Planning and Development (Local Planning Schemes) Regulations 2015 regulation 70(1);
an amendment to alter any matter required to be set out in a development contribution plan under the Planning and Development (Local Planning Schemes) Regulations 2015 regulation 71(4);
an amendment to the text of Part 1 of the planning scheme if the amendment does not permit a change in land use.
[(n) deleted]
[Regulation 33C inserted: SL 2024/4 r. 4; amended: SL 2024/288 r. 5; SL 2025/6 r. 4.]
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