After our last article on Property Zoning in Western Australia, I was bombarded with a pile of questions, so I put together this supplemental article as guide to some frequently asked questions. Let’s go over those below:
In rare instances, it is possible to get an approved non-conforming use on land with certain zoning. This will require the input of a private industry town planning consultant. In general, support from local government for this has to make contextual sense. For example. An inner-city real estate agency known to us operates out of a premises that is an old warehouse (light industrial zone), but they operate an office there. It’s an approved non comforting use, as all the warehouse/light industrial in that area has long since gone. It is now occupied by cafes, bars, gift shops, consulting suites and the like, so a real estate agents office compliments the fabric of the streetscape without any concern.
At a state government level, the MRS (metropolitan regional scheme) gets updated by way of studies being conducted on land pockets throughout the metropolitan area. Areas can be designated as Planning Investigation Areas (PIA’s). This is a forward looking way to discern what MAY (not guaranteed) be rezoned from recreation to urban land use, industrial to residential, etc. Google PIA and have a look yourself.
At local government level, the local planning scheme (LPS) is usually updated about every 10-12 years. This is the time needed for land use and demography studies, rounds of public construction, external agency referral and input, and WAPC approval. Drafts of this document are usually advertised though the local government website and will always be put in the local government newsletter/bulletin. Hot tip; subscribe to the news list of every LGA. You will then see where there are usage and zoning changes planned, and for residential land, where there will be density maintained at same Rcode, increased, and also, regressed (yes, they can decrease density too).
Preceding a Local Planning Scheme update, the local government will always have to update their overarching strategic planning document, called the Local Planning Strategy (yes, also acronym LPS). This is where you will get the earliest glimpse or guess into where density will possibly increase, or regress. For example, the town of Bassendean’s’ last local planning strategy update informed us ahead of time about major intent for density increase around train stations, but also the removal of most of the R20/40 from outlying fringes in the suburbs. Land banking is not a safe bet- it requires constant monitoring!
The planning commission are generally quite disinterested in what they call “spot rezoning”, which is a single R20 lot in a sea of other R20 lots increasing to say R60, or one rural lot in a whole rural area becoming R20 to feed your personal financial endeavours. The WAPC (planning commission) has an interest in proper and orderly planning, which means your options are :
- Team up with a collective of adjoining landowners to propose a major area rezoning and structure planning exercise, that makes sense in planning context. i.e.. It is adjoined by other suburbs/areas at higher density, and there is infrastructure able to support an increase in density
- Collect a smaller pocket of landowners surrounding you that are then collectively adjoining higher density or other lad uses (for example 4 remnant landowners on a major road that are adjoining mixed use or commercial dwellings) and rezoning these, as it complements the lad use fabric and competes the “pattern of development.
Spot rezoning is not entertained as never likely to be supported (regardless of what the selling agent tells you about how easy it will be). It needs to be a coordinated approach, driven by either the local government, or from private industry side on behalf of a vast majority of local landowners that is conducive to proper and orderly planning.
The Rcode is short for residential density codes and is applicable to all residential property in western Australia. If a land has a residential land use, it will have a correlating Rcode on the local government scheme map. You’ll find it on the local government scheme map, or in the local government Intramaps (DO NOT rely on real estate software, it is not always up to date/correct. The LPS prevails, cross check). For example, a residential property in an area with an Rcode of R20 means there is a permitted density of 20 dwellings per hectare in this area. If you consult Part D of SPP7.3 vol 1 (the Rcodes”, you’ll find a table outlining the min and average site area for R20, which is site area minimum 350m2 and an average of 450m2. Both minimum and average need to be complied with, so to subdivide an infill property you need (on paper without any concessions or variations) a lot 900m2 and above.
If you are confused or can’t interpret the local planning scheme, that’s ok. It gets even the best of us at times. Your options are:
- Call the local government in question and ask ot speak to the duty planning officer by phone. Get them to walk you through it for your property and get them to send a follow up email so what you were told is in writing.
- Submit a Request for Planning Advice to the local government. If you have time, this approach is preferable. It will land on the desk of senior planner at the city and usually get a thorough and considered response. This service is provided by most local government for about $75.
- Book a property investigation consultation or similar with an expert, like us, or a consulting town planner, to answer questions and be more discerning from a private industry side. This can be more helpful if you are looking to “push some boundaries” and get a candid response on the chances of success.
You can learn more about zoning, density, and the Rcodes in our online books and courses
To discuss property zoning in Western Australia and the best ways to develop a property you own, contact us and we can get in touch to discuss.
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