Councils once again at loggerheads with state over planning reforms

The WA government has introduced into parliament reforms to the state’s planning system aimed at cutting red tape and boosting housing supply.

Karen Chappel: role of local government being eroded.

But in what’s becoming a familiar refrain in other states across Australia, West Australian councils say the reforms sideline them from development approvals.

The state government says the reforms, which give centralised assessment panels wider authority, are necessary to ensure demand for housing is met.

“The planning reforms will streamline existing processes, cut unnecessary red tape and build efficiencies into existing processes, ensuring there are no unreasonable impacts on progressing planning and subsequent development of new homes,” planning minister John Carey said last week.

However, the peak local government body WALGA says the changes will erode the role of local government in planning, echoing concerns raised recently in NSW and Victoria in response to planning reforms in those states.

New permanent pathway

The WA Planning and Development Amendment Bill contains five key initiatives, including the introduction of a permanent approval pathway with the WA Planning Commission (WAPC) as the decision maker, for assessing significant proposals of more than $20 million in the Perth and Peel regions, and more than $5 million in regional WA.

The pathway will be what the government says is a ‘refined version’ of a temporary Covid pathway, which allowed developers to bypass councils and seek approval directly from the WAPC.

Meanwhile the changes will see a reduction in the number of Development Assessment Panels (DAPs) from five to three, and the appointment of permanent members.

The legislation also removes mandatory thresholds for the DAP – previously $20 million for Perth and $10 million for the rest of the state – making the system available for any multiple dwelling over $2 million and potentially taking them out of the hands of councils.

The planning reforms will streamline existing processes, cut unnecessary red tape and build efficiencies into existing processes.

WA Planning Minister John Carey

The government says local government will still have a role in DAP applications, with councils doing initial assessment and consultation and being able to make a recommendation.

Most single house developments will be mandated to local government, where they can be determined by technical experts via the CEO or a local government officer.

“This will enable councils to focus on strategic planning for their communities to ensure that local planning frameworks (strategies, schemes and policies) are contemporary and fit for purpose,” the state government says.

The WAPC will also be overhauled.

Loss of community perspective

WALGA president Karen Chappel says the establishment of a permanent significant development pathway, as well as the changes to DAPs, erode the role of local government in providing a community perspective on planning proposals.

“There is an important role for elected councillors to represent the interests of their constituents and the broader community,” she said.

“We will continue to work with the government to address critical issues facing our State, but local government is doing its share of the heavy lifting, any suggestion otherwise is a red herring.”

Changes delegating authority on single dwelling approvals to local government CEOs and planning staff are consistent with what’s already happening, she says.

Cr Chappel also said the local government sector would like to see local government and regional representation as part of changes to the WAPC.

It comes after the Local Government Association of NSW went head-to-head with the state government, which has introduced new DA guidelines, over suggestions councils were holding up the housing pipeline.

The Municipal Association of Victoria has also complained that changes to state planning laws that will make it easier for developers to bypass them and go straight to the state government to get projects approved.

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