Mandogalup - Improvement Scheme No. 1

What is an Improvement Scheme?

An Improvement Scheme is a similar instrument to a local planning scheme, in that it zones and reserves land; and contains development control provisions for a scheme area. Improvement schemes are made in accordance with Part 8 of the Planning and Development Act 2005.

An improvement scheme comes into effect when it is published in the Government Gazette. Subsequently, it overrides the local and region planning schemes in the improvement scheme area. In this case, the City of Kwinana Local Planning Scheme No. 2 and Metropolitan Region Scheme will cease to apply to the improvement scheme area.

The Western Australian Planning Commission will become the responsible planning authority for subject area, however, it may delegate these powers to other bodies, including the local government.

The purposes of the draft Mandogalup Improvement Scheme No.1 include to:

• set out the WAPC’s planning aims and intentions
• zone land and set aside land as reserves
• set out development controls, including processes and provisions for subdivision and development
• outline procedures for the preparation of structure plans, local development plans and policy instruments
• set out provisions for the administration and enforcement of the Scheme.

What is the Improvement Scheme Report and Concept Plan?

The Improvement Scheme Text and Scheme Map will replace the Metropolitan Region Scheme and Local Planning Scheme as the statutory land use planning instrument over the improvement scheme area. An Improvement Scheme Report (with an accompanying Concept Plan and technical reports) has also been prepared and should be read in conjunction with the Scheme text and the Scheme map.

The Improvement Scheme Report provides the context and explanatory commentary to the Improvement Scheme, similar to a local planning strategy. It sets out the underlying assumptions, rationale and justification for the provisions, which have been prepared so the intent and objectives of the Scheme can be realised.

The Concept Plan forms part of the Improvement Scheme Report, and provides a guide for subdivision and development (similar to a structure plan). It is intended that future subdivision will generally follow the Concept Plan for the local road layout, local public open space and vegetation, drainage, air quality monitoring and sewer locations.

What will happen to my property?

Once the Improvement Scheme is gazetted it will replace the Metropolitan Region Scheme and Local Planning Scheme as the statutory land use planning instrument over the improvement scheme area.

Non-conforming use rights

While the Improvement Scheme sets out zones, reserves and land use permissiblities, it should be noted that non-conforming use rights will apply. This ensures that any use, structure or building that was lawfully used, and existing approvals granted, before commencement of the Improvement Scheme may continue (see clauses 28, 29 and 30 of the draft Scheme). Where a use is discontinued for longer than six months, non-conforming use rights will not apply.

Approval must be sought for the erection, alteration and extension of any non-conforming use or building. If there is any damage or destruction, any proposed repair that is greater than 75 per cent or more of its value will also require approval.

Though a change of land use to a class X (not permitted) use is generally not able to be approved, the decision maker may approve a proposed use that is less detrimental to the amenity of the locality to the existing non-conforming use, and is more closely aligned to the intended objectives of the relevant zone/precinct.

Reserved land

The WAPC can acquire properties reserved under an Improvement Scheme on a long-term strategic basis and mostly acquires land at the request of landowners. Land which is affected by a reservation can generally remain in private ownership until the government requires it for the designated purpose.

Should your property (or a portion of) be reserved, there are several options available:

• Retain ownership and continue quiet enjoyment of the property until the government requires it for the identified public purpose. You may complete any development or subdivision of the property approved before the reservation came into effect. Under non-conforming use rights, you may continue to use the property for the purpose for which it was legally being used immediately before the reservation came into effect.
• Sell the property on the open market to another person(s). The WAPC recognises that due to the reservation this may be difficult. Subject to acquisition priorities and the availability of funds, the WAPC would be willing to consider purchasing a reserved property if an owner is unable to achieve a private sale on the open market.
• Offer the property for sale to the WAPC. Subject to acquisition priorities and the availability of funds, the WAPC would be willing to consider purchasing a reserved property. The WAPC purchases a property at its current market value ignoring the effect of the reservation.
• If the WAPC refuses a development application on reserved land or approves a development application subject to conditions that are unacceptable to the applicant, the applicant can make a claim for compensation for injurious affection. However, you must be the owner of the property when it was first reserved to be eligible to make a claim. In such cases, the WAPC may elect to purchase the property instead of paying compensation. The purchase price can be determined by negotiation, by reference to the State Administrative Tribunal or by arbitration.

If your land is reserved in the Improvement Scheme and you are the owner of the land when it was first reserved, you may be able to make a claim for compensation for injurious affection if:

• you wish to sell the property on the open market at a reduced price; or
• the WAPC either has refused a development application over the property or has approved a development application over the property subject to conditions that are unacceptable to the applicant.

For more information on compensation, please read Your property and planning region schemes (www.wa.gov.au). While it relates to Region Schemes, similar processes apply to land in an Improvement Scheme area.

Zoned land

The Improvement Scheme sets out the way land is to be used and developed, and the provisions coordinate subdivision and development. This includes permissible land uses, R-Codes designations, precinct specific requirements, heritage and environmental provisions, and general development controls such as setbacks and building heights.

Unless exemptions apply, approval must be sought from the relevant planning decision-maker for the subdivision and development of land.

What are the next steps?

Consultation

The WAPC is required to advertise the improvement scheme in accordance with regulation 22 of the Planning and Development (Local Planning Schemes) Regulations 2015.

Submissions on the draft Improvement Scheme can be made from 22 January 2024 to 22 April 2024.

The WAPC will consider all submissions received on the improvement scheme and will assess whether the scheme should be modified according to each submission received. The WAPC will then prepare a schedule of submissions and provide recommendations on each one, for presentation to the Minister for Planning.

The Minister will consider all information provided before deciding whether to approve or refuse to approve the improvement scheme, or direct the WAPC to make a modification.