Planning Scheme Amendments in WA: What You Need to Know

Planning scheme amendments are one of the most consequential categories of notice published in the WA Government Gazette. They change the rules about what can be built, where, and how — directly affecting property values, development feasibility, and community outcomes.

If you're a developer, planning consultant, lawyer, or local government officer in Western Australia, understanding how planning scheme amendments work and when they're gazetted is essential.

What Is a Planning Scheme Amendment?

A planning scheme amendment is a formal change to a local planning scheme. Local planning schemes are the statutory documents that control land use and development in each local government area. They set out:

• Zoning (residential, commercial, industrial, rural, etc.)
• Development standards (building heights, setbacks, density)
• Special control areas (heritage, bushfire, flood)
• Land use permissibility tables

When a council or the state government wants to change any of these controls, they must follow the amendment process set out in the Planning and Development Act 2005 and the Planning and Development (Local Planning Schemes) Regulations 2015.

How the Amendment Process Works

1. Initiation

An amendment can be initiated by:

• The local government (council resolution)
• The WA Planning Commission (WAPC)
• The Minister for Planning
• A landowner or developer (by application to the local government)

2. Referral to the WAPC

Before advertising, the local government refers the amendment to the WAPC for consent to advertise. The WAPC may require modifications before it agrees.

3. Public Advertising

Once approved for advertising, the amendment is published for public comment. This is where the Gazette becomes critical. The local government must:

• Publish a notice in the Government Gazette
• Publish a notice in a local newspaper
• Make documents available for inspection

The advertising period is typically 42 days, but can vary. The gazette notice formally starts the clock on the public comment period.

4. Consideration of Submissions

After advertising closes, the local government reviews all submissions and prepares a report. Council then resolves to either:

• Support the amendment without modification
• Support with modifications
• Not support the amendment

5. Referral to the Minister

The amendment, along with submissions and the council's recommendation, is sent to the Minister for Planning (via the WAPC) for final decision.

6. Gazettal — When It Becomes Law

If the Minister approves the amendment, it is published in the Government Gazette. This is the moment the amendment takes legal effect. The gazettal date is the date the new planning rules apply.

What to Watch For in Gazette Notices

Amendment Numbers

Each amendment has a unique number (e.g., "Amendment No. 85 to City of Perth Local Planning Scheme No. 2"). Track these numbers to follow amendments through the process.

Advertising Notices vs. Approval Notices

There are two key gazette moments:

1. Advertising notice — the amendment is open for public comment
2. Approval/gazettal notice — the amendment is now law

Don't confuse these. Missing the advertising notice means missing your chance to comment. Missing the approval notice means you might not know the rules have changed.

Scheme Amendment Reports

The gazette notice itself is brief. The detail is in the amendment documentation held by the local government or available through the WAPC. Use the gazette notice as your trigger to obtain the full documents.

Omnibus Amendments

Some local governments bundle multiple changes into a single "omnibus" amendment. These can be easy to overlook because the gazette notice may not detail every individual change.

Why This Matters for Different Professionals

Developers and Landowners

A planning scheme amendment can:

• Rezone your land — increasing or decreasing its development potential
• Change development standards — affecting what you can build
• Introduce new controls — heritage overlays, density codes, special use zones

If you own land in the affected area and don't submit during the advertising period, you lose your formal opportunity to influence the outcome.

Planning Consultants

Consultants need to track amendments across multiple local government areas. A scheme change in one municipality can affect a client's project in ways that aren't immediately obvious — particularly for projects near municipal boundaries or those dependent on surrounding land uses.

Lawyers

Legal practitioners advising on property transactions need to know about pending and recently gazetted amendments. A scheme change can affect:

• Contract conditions (especially "subject to planning" clauses)
• Due diligence obligations
• Development approval validity
• Compensation claims under Part 11 of the Planning and Development Act 2005

Local Government Officers

Planning officers need to track amendments in neighbouring councils and state-level scheme changes that affect their area. The WAPC also publishes state planning policies and regional scheme amendments through the Gazette.

The Role of the WA Planning Commission

The WAPC plays a central coordinating role:

• Reviews all local scheme amendments before advertising
• Makes recommendations to the Minister
• Publishes region scheme amendments (e.g., Metropolitan Region Scheme) which override local schemes
• Maintains the WA Planning Bulletin series for guidance

Region scheme amendments follow a similar but separate process and are also gazetted. These tend to have broader geographic impact and are worth monitoring separately.

Common Pitfalls

1. Assuming you'll hear about it. Local governments aren't required to individually notify every affected party for every amendment. The gazette and newspaper notices are the formal notification mechanism.

2. Missing the comment deadline. The 42-day window is strict. Late submissions may not be considered.

3. Not checking for modifications. An amendment can be substantially modified between advertising and approval. The final gazetted version may differ from what was advertised.

4. Ignoring region scheme amendments. These override local schemes and can change land use rights across large areas.

Staying on Top of Amendments

Manually checking the Gazette twice a week for planning amendments across multiple local government areas is tedious and error-prone. Many planning firms and legal practices use automated monitoring tools to track specific keywords — council names, suburb names, scheme references — across every gazette edition.

GovScanner monitors every WA Government Gazette and sends keyword-matched alerts when planning-related notices are published. Whether you're tracking a specific amendment or watching for changes across a region, automated monitoring ensures nothing slips through.

Key Takeaways

• Planning scheme amendments follow a formal process from initiation to gazettal
• The Gazette marks two critical moments: advertising (your chance to comment) and approval (when it becomes law)
• Multiple professions need to monitor amendments — developers, consultants, lawyers, and council officers
• Manual monitoring is impractical; automated tools reduce the risk of missing critical notices