What is an Amendment to LPS 3?
The LPS3 is a planning framework that guides development within the City. It designates each land parcel with a development zone, such as Residential or Commercial, and/or a residential density code. These zones determine what uses and development may be allowed on that land. The zone/code of a land parcel or wording of the Scheme can be changed through an amendment to LPS3.
Who can request and Amendment to LPS 3?
Anyone can request an amendment to a Local Planning Scheme including both members of the public and the City.
Preparing and lodging an Amendment to LPS3
The City recommends that members of the public wishing to lodge an amendment should engage a Planning Consultant to prepare the amendment documentation in accordance with the Department of Planning’s templates. The proposal must include details of the amendment and the purpose for why it is sought.
Upon receipt of the proposal the City will provide an estimate of the fees required in accordance with the Planning and Development Regulations 2009 (Part 7 Local Government Charges). Should Council resolve not to initiate the amendment, the applicant will be refunded that portion of the fee that has not been used during Council’s assessment of the proposal.
The Scheme Amendment Process:
Following the City’s assessment of the proposal a report will be presented to Council for initial determination. If Council support the amendment to be advertised or supports the amendment with advertising not required (basic amendment) the amendment documents will be sent to the Environmental Protection Authority (EPA) to determine whether there is a need for an environmental assessment and preliminary approval to advertise. If the Amendment is determined as complex the City is also required to seek approval to advertise the amendment from the Western Australian Planning Commission.
On receipt of approval to advertise the amendment the City will arrange advertising in accordance with both the Planning and Development (Local Planning Schemes) Regulations 2015 and the City’s Consultation Local Planning Policy. Any person may lodge a submission during the advertising period.
Basic Scheme Amendments do not require advertising whereas Standard Scheme Amendments are advertised for 42 days and Complex for 60 days.
The City will prepare a report considering the submissions for Council’s determination. Should Council resolve to support the scheme amendment with or without modifications, the City is required to forward the submissions together with Council’s comments and recommendations to the WAPC. Should Council resolve not to support the Amendment it is still required to forward the documents to the WAPC.
The WAPC considers any submissions and recommendations by the City and makes its recommendations to the Minister for Planning who may approve the amendment with or without modifications or refuse the amendment. The final decision rests with the Minister. Following final approval, the amendment is published in the Government Gazette and takes effect from that date. The City then makes the required changes to the scheme text and maps.