Updated Planning Changes in WA

This article will provide a concise overview of the main planning changes over the last year in WA. These changes are mostly at state level, and it’s important to understand their impact on and interface with planning controls at a local government (council) level). I will highlight the main changes but also discuss some the knock-on effects we have been seeing over the last year since they have come into effect. These are things for you to be aware of and think about, because they will (and should) effect the way you review about development potential of a site and what constitutes good design outcomes.

The primary planning control document for Western Australia, the R-Codes, properly known as state planning policy 7.7 volume 1 the residential design codes (SPP7.3 vol 1 “the R-Codes”), is now split into 4 sections. You need to carefully read to understand what part applies to your site and chosen type of development. The devil is in the detail. Critically note:

• Part B applies to all single houses R40 and below, grouped dwellings R25 and below, and multiple dwellings in areas coded R10-R25.
• Part C applies to all single houses R50 and above, grouped dwellings in areas coded R30 and above, and multiple dwellings in areas coded R30 to R60.

What does this mean, the devil is in the detail?  There have been key planning changes to the current revision of the R-Codes, published in April last year. This applies in particular the Part C segment (medium density part of the codes). There are subtle changes to the new codes, and this impact what you can do and how you carve up a development site. Part A of the code also outlines transition arrangements, and how long local governments have to align their scheme provisions and local panning policies with the revised R-Codes of WA. This is important, because some councils are still being resistant to this obligation, even though the final cutoff date is set in stone.

As at January of 2025, local councils have just over a year left to align their policies and scheme provisions with the new R-Codes. If they choose not to, they are required to rescind their conflicting scheme provisions and polices or make them obsolete.

There were also some “dwelling diversity and housing opportunity” decisions made last year, primarily the choice to make some changes to rules for ancillary dwellings at state legislation level (or granny flats as they are known more colloquially). The state government decided that making it easier to put in a granny flat was was going to help boost our housing supply quicky. To that end:

• “compliant” granny flats don’t need a DA anymore, and
• they can be put on any lot size (the 350m2 min lot size went out the window).

The latter has more critical impact on site yield and ROI modelling for developers and is something to be curious about and investigate in your feasibility modelling, particularly for build to rent schemes.

Below are a mix of key takeaways for you to consider around these planning change in WA from the last year. Keep at the forefront of your mind:

1. Make sure you are reading the correct section when evaluating a site, and whne submitting the planning approvals. This means working out, are you in part B or part C? In particlar , note by going to the definitions section in the appendix what is a “single house“- this inlcudes battleaxe lots and lots with a pedestrian acces leg that are R30, R35 and R40, in non common property confiuguations (dedicated and unshared access). So whilst these are “medium density” coded lots, if the lots are already subdivided when you bought them or you subdivide before you do a DA , they will be a part B assessment. This can work for or against you. If lodging the DA concurrently with the subdivivision application, it will be a part C assessment. the timing and order of your subdivision and development applications will now be strategically crucial.
2. Not every type of development in medium density above R25 is automatically a part C assessment, read carefully. Expounding further on point 1 above, when you are doing a part B assessment, your primary site control measure for the size of dwelling is max % of open space, for part C it is max % of site coverage. this is a subte but imprtant difference. to boot, one section lets you use apportionate % of common property towards open space, the other doesnt . One requires a minnimum garden area , the other doesnt . One allows the garage to be excluded from site coverage calcs, the other doesnt. Read carefully.
3. Get a clear understanding of definitions of hilighted words in the document (definitions section in the appendices) to navigate the document properly. What is a single house, grouped dwelling and multiple dwelling? Where does a battleaxe fall in these categories? whatt is common property? What is the definition of a garage ?
4. Learn the different ways site coverage and open space requirements are calculated in Part B and Part C.
5. Other than primary living space, minimum room dimensions for most single houses and grouped dwellings have been removed for the new revision of part C for single houses and grouped dwellings.
6. Particularly for grouped dwelling assessment and site yield calculations using in part C, dwelling design should drive the subdivision overlays, not the other way around. This is now a design driven planning code, not a subdivision one. Make sure what you want actually fits in the square boxes you draw on a piece of paper once you have addressed all the other planning controls.
7. Be prepared to challenge councils that belligerently stick to DA assessment of medium density applications where they prioritise old built form policies of their own that conflict medium density provisions in Part C.
8. Have a think about how using ancillary dwellings in single and grouped dwelling arrangements can change rent yield outcomes.

As a final note, I’d recommend it’s a good idea to reconsider working with designers/builders who are resistant to or don’t understand the new R-Codes. Its actually a proffesional responsibility to be up to date. The new R-Codes have been in place for almost a year now; it’s time to understand the opportunities within them, not just complain about the problems and the threats. There are plenty of fantastic things we can achieve with the new framework and legislative changes, it just requires some creative thinking and a willingness to do things differently to how they have always been done.