Local Planning Policy 6.18 - Public Consultation

The City is advertising for public comment proposed modifications to the City’s current Planning Consultation Procedure, and updating the Procedure into a Local Planning Policy (‘Local Planning Policy 6.18 – Public Consultation’). Closing date: 4 November 2021 Follow project

At the 14 September 2021 Council meeting, Council resolved to prepare ‘Local Planning Policy 6.18 - Public Consultation’ for advertising. This Policy outlines the City’s consultation processes for planning proposals.

FAQs

What does the City’s current Planning Consultation Procedure do?

The current Procedure was adopted in 2004 (with frequent amendments to keep it up to date) to provide transparency and certainty to applicants and the community on how the City advertises planning proposals.

It also supplements the statutory (mandatory) consultation requirements of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations), such as by identifying who will be consulted when planning proposals are advertised.

What are the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations)?

The Regulations are a State Government document. This document outlines how local planning strategies and local planning schemes should be maintained by local governments, and how development applications should be processed.

As part of this, it details how local governments should carry out public consultation of planning proposals.

Why did the State Government amend the Planning and Development (Local Planning Schemes) Regulations 2015?

The Regulations have been amended a number of times to improve the local planning process within the State.

In February 2021, changes were made to the way consultation on planning proposals were carried out. This was to ensure all local governments undertake consultation consistently.

Why are modifications to the City’s Planning Consultation Procedure required?

As part of the State Government’s aim to ensure all local governments undertake consultation consistently, a list of ‘mandatory’ consultation requirements were introduced into the Regulations.

Some of these requirements differ from the requirements of the City’s current Procedure.

As the requirements of the Regulations supersede the City’s current planning consultation processes, the Procedure needs to be modified to bring it in line with the Regulations.

Why do we need to have a Planning Consultation Procedure or Local Planning Policy when the consultation requirements are already contained in the Regulations?

While the Regulations provide consistency to local governments on certain statutory requirements (such as when advertising commences), it also allows local governments to detail how consultation should occur.

The current Procedure expands on these statutory matters by detailing the specific measures the City will undertake, such as with whom the City will consult with.

This will provide certainty to applicants and the community on how they can expect planning proposals to be advertised.

Why is the Planning Consultation Procedure now a Local Planning Policy? Why can’t the modifications proposed in the Policy remain as part of the current Procedure?

Some changes that occurred when the Regulations were amended meant that the current Procedure is no longer an appropriate document to detail certain planning consultation requirements.

The City’s current Procedure differentiates what type of development applications are considered ‘Standard Applications’ and ‘Complex Applications’.

However, the amended Regulations introduced a narrow definition for ‘Complex Applications’. Should a local government want to identify other types of development applications as ‘Complex Applications’, this would need to be done through a Local Planning Policy.

The advertising requirements for ‘Complex Applications’ are more extensive than those for ‘Standard Applications’ – notably, a longer advertising period.

As the potential impacts of different types of development proposals vary, certain development applications should be advertised differently.

For example, a major shopping centre redevelopment or a Child Care Premises should be advertised differently to an addition to a single house.

As such, a definition of ‘Complex Application’ in a Local Planning Policy is necessary to allow this differentiation to happen.

What types of changes to the City’s planning consultation process are proposed as part of ‘Local Planning Policy 6.18 – Public Consultation’?

Two sets of changes have been proposed.

The first set of changes are a result of the amendments to the Regulations. These changes are statutory (mandatory) consultation requirements.

The second set of changes relate to improvements on how the City consults with the community on planning proposals.

What changes are introduced as a result of the amendments to the Regulations (mandatory changes)?

The following changes are a result of the amendments to the Regulations:

  • ‘Standard Applications’ are to be advertised for 14 days
  • ‘Complex Applications’ are to be advertised for 28 days
  • Structure Plans are to be advertised for 42 days
  • Mandatory minimum sign size requirements for ‘Complex Applications’
  • The only holiday periods that can extend the timeframe for advertising a planning proposal is between 25 December and 1 January, and a period of 7 days commencing on Good Friday
  • Statutory timeframes for advertising of some planning proposals are now mandated, and not just a minimum
  • Increases to advertising periods for planning proposals require (depending on the type of proposal) agreement of the applicant or approval of the Western Australian Planning Commission
  • The placement of notices in local newspapers are no longer mandatory
  • The City cannot add seven days to the consultation period when a planning proposal is also advertised to an adjoining local authority
  • Development applications can no longer be readvertised.

What changes are introduced as part of an improvement on how the City consults with the community on planning proposals?

The following changes are introduced as part of an improvement on how the City consults on planning proposals:

  • Creating a Local Planning Policy for planning consultation so the City can define what development application proposals are considered ‘Complex Applications’
  • Inclusion of ‘Child Care Premises’ into the definition of a ‘Complex Application’
  • Identifying targeted consultation to specific stakeholders for certain planning proposals
  • Various administrative changes and other modifications to provide clarification, including the increased use of social media.

What if the City does not make the changes proposed, and does not implement this Local Planning Policy?

Should this Policy not be implemented, the statutory consultation requirements in the Regulations will still apply regardless, as these are mandatory requirements.

However, the absence of a Local Planning Policy will mean the City cannot define certain types of development applications as ‘Complex Applications’.

This means that the City would not be able to consult more extensively on development applications that may have a wider impact on the communities they are proposed in.

Without a Local Planning Policy the City would not be able to address other matters not contained within the Regulations, such as who the City advertises proposals to.

What types of planning proposals are covered under ‘Local Planning Policy 6.18 – Public Consultation’?

This Policy applies to the advertising (where required) of:

  • Development Applications
  • Local Planning Scheme Amendments
  • Local Planning Policies
  • Structure Plans
  • Local Development Plans.

Where can I find more detailed information on this proposal?

Item 12.1/DS2 in the 14 September 2021 Council meeting contains the report on this proposal.

Timeline

Council resolved to prepare ‘Local Planning Policy 6.18 - Public Consultation’ for public consultation

September 2021

Community consultation commences

October 2021

Community consultation concludes

November 2021

Officer reviews comments received during community consultation

November 2021 - To be confirmed

Council considers outcomes of community consultation

November 2021 - To be confirmed

‘Local Planning Policy 6.18 - Public Consultation’ comes into effect, if Council resolves to proceed with it.

December 2021 - To be confirmed
See more

For more information, or to receive this information in an alternate format please contact Patricia Tan, Development Services on (08) 9205 8555 or patrica.tan@stirling.wa.gov.au.

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