Amendments to the Local Planning Scheme
What is a planning scheme?
Local planning schemes are made under Part 5 of the Planning and Development Act 2005, which sets out the general objectives of schemes, the matters which may be addressed and the requirements for review.
Where schemes involve the zoning or classification of land, they are required to reflect the Planning and Development (Local Planning Schemes) Regulations 2015. Importantly, there are some sections of the scheme which are ‘deemed provisions’ which cannot be changed that include the processes and procedures by which planning decisions are to be made.
Schemes include a variety of zones and accompanying statutory planning provisions which combine to provide for control of land use and development. This combination reflects a set formula of land use possibilities and zoning arrangements, with the intent being that the formula achieves the aims of the Scheme, which itself is derived from the strategic vision of the Local Planning Strategy.
Scheme Amendments
What is a scheme amendment?
From time to time, it becomes necessary to amend the Shire’s Local Planning Scheme No. 3 (LPS No. 3). When a change is proposed or made to LPS No. 3, it is referred to as a scheme amendment. These changes can be proposed by landowners, State Government agencies or the Shire itself. The decision to initiate a scheme amendment is however at the discretion of the Shire (which has no appeal rights), and once initiated the Shire becomes responsible for progressing a scheme amendment.
Scheme amendments occur for a variety of different reasons including:
- A change in zoning to accommodate development
- A change in the residential density coding to alter residential density
- A change in the scheme’s wording to ensure more effective planning
- To implement the strategic vision of the local planning strategy