Planning and Development Act 2005 2
Planning and Development (Local Government Planning Fees) Regulations 2000
These regulations were repealed by the Planning and Development Regulations 2009 r. 58(b) as at 1 Jul 2009 (see r. 2(b) and Gazette 19 Jun 2009 p. 2225)
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Reprinted under the Reprints Act 1984 as |
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at 1 July 2009 |
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Western Australia
Planning and Development (Local Government Planning Fees) Regulations 2000
Contents
1.Citation1
2.Commencement1
3.Terms used1
4.Services for which fees may be imposed2
5.Maximum fees for services in relation to certain planning matters2
6.Maximum fees for services in relation to scheme amendments and structure plans3
7.How fees may be reduced4
8.Costs and expenses4
9.Itemised account to be provided on request5
10.Dispute as to amount payable5
11.Fees Arbitration Panel6
12.Panel meetings6
13.Decisions of the Panel7
14.Local government may waive or refund fee7
15.Performance standards7
16.Exemption7
17.Review of regulations8
Schedule 1 — Fees for planning services
Part 1 — Maximum fixed fees
Part 2 — Maximum fees: scheme amendments*
Part 3 — Maximum fees: structure plans**
Notes
Compilation table17
Defined terms
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Reprinted under the Reprints Act 1984 as |
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at 1 July 2009 |
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Western Australia
Planning and Development Act 2005 2
Planning and Development (Local Government Planning Fees) Regulations 2000
[Regulation 1 amended in Gazette 8 Jun 2007 p. 2632.]
These regulations come into operation on the day on which the Planning Legislation Amendment Act 1999 comes into operation 1.
In these regulations —
applicant includes a person making a request;
fee includes charge;
issue includes grant or give;
Panel means a Fees Arbitration Panel appointed under regulation 11;
structure plan means a plan, however described in a local planning scheme, for the coordination of subdivision and development.
[Regulation 3 amended in Gazette 8 Jun 2007 p. 2632.]
4.Services for which fees may be imposed
(1)A local government may impose a fee in respect of the following services provided by the local government —
(a)determination of a development application;
(b)provision of a subdivision clearance;
(c)determination of an application for a home occupation approval;
(d)determination of an application for a change of use or for a change or continuation of a non‑conforming use;
(e)provision of a zoning certificate;
(f)a reply to a property settlement questionnaire;
(g)written planning advice;
(h)services provided by the local government pursuant to a request for a local planning scheme amendment;
(i)services provided by the local government pursuant to a request for adoption of a structure plan provided by the applicant.
(2)No fee is payable for or in relation to services provided pursuant to a request for a local planning scheme amendment where the sole purpose of the amendment requested is to render a local planning scheme prepared or adopted by the local government consistent with the Metropolitan Region Scheme or a region planning scheme.
[Regulation 4 amended in Gazette 8 Jun 2007 p. 2632 and 2635.]
5.Maximum fees for services in relation to certain planning matters
(1)Subject to regulation 16, the fees set out in Schedule 1 Part 1 are the maximum fees that may be imposed by a local government for or in relation to the following services —
(a)determination of a development application;
(b)provision of a subdivision clearance;
(c)determination of an application for a home occupation approval;
(d)determination of an application for a change of use or for a change or continuation of a non‑conforming use;
(e)provision of a zoning certificate;
(f)a reply to a property settlement questionnaire;
(g)written planning advice.
(2)A fee referred to in subregulation (1) is to be paid by an applicant when the application or request is made.
6.Maximum fees for services in relation to scheme amendments and structure plans
(1)Subject to regulation 16, the fees set out in Schedule 1 Part 2 are the maximum fees that may be imposed by a local government for or in relation to services provided by the local government pursuant to a request for a local planning scheme amendment.
(2)Subject to regulation 16, the fees set out in Schedule 1 Part 3 are the maximum fees that may be imposed by a local government for or in relation to services provided by the local government pursuant to a request for adoption of a structure plan provided by the applicant.
(3)A fee referred to in subregulation (1) or (2) is to be calculated by the local government and included in a bill to be paid by the applicant when the request is made.
(4)If the local government decides —
(a)not to initiate the local planning scheme amendment or the adoption of a structure plan; or
(b)to discontinue the preparation or adoption of a local planning scheme amendment or the adoption of a structure plan,
moneys paid by the applicant to the local government for the planning service and not expended by the local government on the provision of that service are to be refunded to the applicant.
[Regulation 6 amended in Gazette 8 Jun 2007 p. 2635.]
(1)A local government may, in respect of a service prescribed under Schedule 1 Part 1, impose a fee that is less than the maximum fee prescribed in respect of that service.
(2)A local government may impose a fee that is less than the maximum fee prescribed in respect of the services provided by the local government pursuant to a request for a local planning scheme amendment or adoption of a structure plan by —
(a)reducing the relevant hourly rate specified under Schedule 1 Part 2 or Schedule 1 Part 3; or
(b)reducing the total fee calculated under Schedule 1 Part 2 or Schedule 1 Part 3.
[Regulation 7 amended in Gazette 8 Jun 2007 p. 2635.]
(1)The following costs and expenses, if incurred by a local government in providing a service referred to in regulation 5(1)(a) to (d) or regulation 6, are payable by the applicant in addition to the fee for the provision of the service —
(a)costs and expenses of advertising the application and advertising matters related to the application;
(b)costs and expenses of any specific assessment that is required in relation to the application, for example, environmental assessment;
(c)costs and expenses of consultation procedures required in relation to the application;
(d)costs and expenses of technical resources and equipment such as computer modelling;
(e)costs and expenses of specialist advice required in relation to the application, for example, advice in relation to heritage matters.
(2)A local government may, by a bill given to the applicant —
(a)require an applicant to pay estimated costs and expenses that may be incurred by the local government before the costs and expenses are actually incurred; or
(b)require the applicant to pay the actual costs and expenses after the costs and expenses are incurred.
(3)Any moneys paid in advance by an applicant to a local government for estimated costs or expenses referred to in subregulation (1) that are not incurred by the local government are to be refunded to the applicant on the completion of the service.
[Regulation 8 amended in Gazette 8 Jun 2007 p. 2633.]
9.Itemised account to be provided on request
If an applicant so requests, a local government is to give to the applicant an itemised account of —
(a)any bill that has been given to the applicant by the local government for services referred to in regulation 6; or
(b)any bill that has been given to the applicant by the local government for costs and expenses referred to in regulation 8.
10.Dispute as to amount payable
(1)If a dispute arises as to an amount payable for or in relation to services to be provided pursuant to a request for —
(a)a local planning scheme amendment; or
(b)adoption of a structure plan provided by the applicant,
the dispute may be referred in writing by the relevant local government or applicant to a Fees Arbitration Panel for its decision which is final.
(2)The referral of a dispute to a Panel does not affect the provision of the service in respect of which the fee is paid or the requirement to pay that fee, but the Panel may order the local government to refund any part of the fee paid.
[Regulation 10 amended in Gazette 8 Jun 2007 p. 2635.]
(1)A Fees Arbitration Panel is to consist of the following members appointed by the Minister —
(a)a person nominated by WALGA;
(b)a person nominated by the Commission;
(c)a planning consultant nominated by the Royal Australian Planning Institute;
(d)a person selected by the Minister from a panel of names submitted by industry planning groups under subregulation (2).
(2)When it is necessary to appoint a person under subregulation (1)(d) the Minister is to request the Housing Industry Association, the Urban Development Institute of Australia, the Property Council of Australia, the Building Designers Association and the Real Estate Institute of Western Australia to each nominate a person for appointment.
(3)The Minister is to appoint one of the members as chairperson of the Panel.
(4)The function of a Panel is to determine a dispute referred to it under regulation 10.
[Regulation 11 amended in Gazette 8 Jun 2007 p. 2633.]
(1)The Panel may hold a meeting to decide a dispute referred to the Panel.
(2)The Panel may invite a person to be present at a meeting of the Panel to advise or inform, or make a submission to the Panel.
(3)The applicant, or a representative of the applicant, and a representative of the local government are entitled to be present whenever a person invited under subregulation (2) is present at a meeting of the Panel.
(1)A Panel member, including the chairperson, has a single vote on a determination to be made by the Panel and, in the case of an equality of votes, the chairperson also has a casting vote.
(2)A matter that is to be determined by the Panel must be decided by a majority of votes.
(3)A determination is a valid determination of the Panel, even though it is not made at a meeting of the Panel, if each member of the Panel agrees in writing to the proposed determination.
14.Local government may waive or refund fee
A local government may waive or refund, in whole or in part, payment of a fee for a planning service.
Not later than 3 years after the coming into operation of these regulations, each local government is to introduce or adopt performance standards to be met by the local government in relation to the imposition of fees for planning services.
(1)The Minister may by notice in writing exempt a local government from the requirement to impose fees in accordance with regulations 5 and 6.
(2)The notice may be given subject to such conditions as the Minister thinks fit.
(3)Regulations 5, 6, 7, 8, 9, 10, 14 and 15 do not apply to a local government while a notice given to the local government under subregulation (1) is in force.
(4)The Minister may by notice in writing revoke or amend a notice given under subregulation (1).
(1)Not later than 12 months after the coming into operation of these regulations the Minister is to appoint a person or persons to report to the Minister on the operation and effectiveness of the regulations.
(2)The report is to be made after reasonable endeavours have been made to obtain the views of the public and local governments on the operation and effectiveness of the regulations.
Schedule 1 — Fees for planning services
[r. 5(1)]
[Heading inserted in Gazette 10 Oct 2008 p. 4552.]
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Description of planning service |
Maximum fee |
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1. |
Determining a development application (other than for an extractive industry) where the development has not commenced or been carried out and the estimated cost of the development is — |
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(a)not more than $50 000 |
$127 |
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(b)more than $50 000 but not more than $500 000 |
0.29% of the estimated cost of development |
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(c)more than $500 000 but not more than $2.5 million |
$1 450 + 0.23% for every $1 in excess of $500 000 |
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(d)more than $2.5 million but not more than $5 million |
$6 050 + 0.19% for every $1 in excess of $2.5 million |
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(e)more than $5 million but not more than $21.5 million |
$10 800 + 0.12% for every $1 in excess of $5 million |
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(f)more than $21.5 million |
$30 600 |
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2. |
Determining a development application (other than for an extractive industry) where the development has commenced or been carried out |
The fee in item 1 plus, by way of penalty, twice that fee |
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3. |
Determining a development application for an extractive industry where the development has not commenced or been carried out |
$635 |
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4. |
Determining a development application for an extractive industry where the development has commenced or been carried out |
The fee in item 3 plus, by way of penalty, twice that fee |
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5. |
Providing a subdivision clearance for — |
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(a)not more than 5 lots |
$64 per lot |
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(b)more than 5 lots but not more than 195 lots |
$64 per lot for the first 5 lots and then $32 per lot |
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(c)more than 195 lots |
$6 400 |
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6. |
Determining an initial application for approval of a home occupation where the home occupation has not commenced |
$191 |
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7. |
Determining an initial application for approval of a home occupation where the home occupation has commenced |
The fee in item 6 plus, by way of penalty, twice that fee |
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8. |
Determining an application for the renewal of an approval of a home occupation where the application is made before the approval expires |
$64 |
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9. |
Determining an application for the renewal of an approval of a home occupation where the application is made after the approval has expired |
The fee in item 8 plus, by way of penalty, twice that fee |
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10. |
Determining an application for change of use or for an alteration or extension or change of a non‑conforming use to which item 1 does not apply, where the change or alteration, extension or change has not commenced or been carried out |
$254 |
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11. |
Determining an application for change of use or for an alteration or extension or change of a non‑conforming use to which item 1 does not apply, where the change or alteration, extension or change has commenced or been carried out |
The fee in item 10 plus, by way of penalty, twice that fee |
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12. |
Providing a zoning certificate |
$64 |
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13. |
Replying to a property settlement questionnaire |
$64 |
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14. |
Providing written planning advice |
$64 |
[Part 1 inserted in Gazette 10 Oct 2008 p. 4552-3.]
Part 2 — Maximum fees: scheme amendments*
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Task |
Estimated costs |
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Director/ City/ Shire Planner ($76/hour) |
Manager/ Senior Planner ($57/hour) |
Planning Officer ($32/hour) |
Other staff e.g. environmental health officer |
Secretary/ administrative clerk ($26/hour) |
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1.Preliminaries: |
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Preliminary discussions and application registration |
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2.Decision to initiate: |
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(a)Information and site visit |
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(b)Applicant discussion |
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(c)Development Control Unit (DCU) meeting |
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(d)Action DCU recommend‑ation |
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(e)Assessment report and agenda preparation MINOR MAJOR |
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3.Approval to advertise: |
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(a)Action local government recommend‑ation |
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(b)Refer to Commission for approval |
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(c)Advertising, notifications, referrals |
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(d)Deal with enquiries |
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(e)Assess submissions |
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(f)Liaise with external agencies |
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(g)Applicant discussion and liaison |
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4.Decision to adopt: |
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(a)Finalise amendment/plan, report and agenda preparation |
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(b)Applicant discussion |
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(c)Action local government recommend‑ation |
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5.Amendment/ |
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(a)Report on Minister’s approval |
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(b)Notify submissions |
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(c)Update text and maps |
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HOURS |
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COST |
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+33.3% (To recover operating overhead costs) |
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Total salary costs |
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+ Direct costs |
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+ Special costs |
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+ Scheme map and text preparation |
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TOTAL PAYABLE |
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*Where readvertising of substantial modifications is required, the fee is to be calculated in accordance with items 3, 4 and 5 of the Table for the staff time used in arranging the readvertising and reviewing the submissions and the direct costs incurred in readvertising the amendment.
[Part 2 amended in Gazette 8 Jun 2007 p. 2634-5; 22 Jun 2007 p. 2861; 10 Oct 2008 p. 4553.]
Part 3 — Maximum fees: structure plans**
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Task |
Estimated costs |
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Director/ City/ Shire Planner ($76/hour) |
Manager/ Senior Planner ($57/hour) |
Planning Officer ($32/hour) |
Other staff e.g. environmental health officer |
Secretary/ administrative clerk ($26/hour) |
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1.Preliminaries: |
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Preliminary discussions and registration |
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2.Decision to advertise: |
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(a)Information and site visit |
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(b)Proponent discussion |
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(c)Development Control Unit (DCU) meeting |
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(d)Action DCU recommend‑ation |
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(e)Assessment report and agenda preparation |
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3.Approval to advertise: |
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(a)Action local government recommend‑ation |
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(b)Advertising, notifications, referrals |
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(c)Deal with enquiries |
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(d)Assess submissions |
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(e)Liaise with external agencies |
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(f)Proponent discussion and liaison |
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4.Decision to adopt: |
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(a)Finalise report and agenda preparation |
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(b)Proponent discussion |
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(c)Action local government recommend‑ation |
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5.Plan adopted: |
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(a)Refer to Commission for endorse-ment |
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(b)Notifications and deposit of plan |
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HOURS |
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COST |
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+33.3% (To recover operating overhead costs) |
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Total salary costs |
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+ Direct costs |
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+ Special costs |
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TOTAL PAYABLE |
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**This Table is based on the Western Australian Planning Commission’s draft model text provisions for structure plans. Where the structure plan provisions in a local planning scheme of a local government are not consistent with the draft model text provisions, the fees should be calculated by that local government in accordance with the structure plan provisions of the scheme.
Where readvertising of a proposed structure plan is required, the fee is to be calculated in accordance with items 3, 4 and 5 of the Table for the staff time used in arranging the readvertising and reviewing the submissions and the direct costs incurred in readvertising the structure plan.
[Part 3 amended in Gazette 8 Jun 2007 p. 2634-5; 22 Jun 2007 p. 2861; 10 Oct 2008 p. 4553.]
1This is a compilation of the Planning and Development (Local Government Planning Fees) Regulations 2000 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
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Citation |
Gazettal |
Commencement |
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Town Planning (Local Government Planning Fees) Regulations 2000 3 |
19 Dec 2000 p. 7243-59 |
19 Dec 2000 (see r. 2 and Gazette 19 Dec 2000 p. 7273) |
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Town Planning (Local Government Planning Fees) Amendment Regulations 2007 |
8 Jun 2007 p. 2632-5 |
8 Jun 2007 |
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Planning and Development (Local Government Planning Fees) Amendment Regulations (No. 2) 2007 |
22 Jun 2007 p. 2860‑1 |
r. 1 and 2: 22 Jun 2007 (see r. 2(a)); |
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Planning and Development (Local Government Planning Fees) Amendment Regulations 2008 |
10 Oct 2008 p. 4551-3 |
r. 1 and 2: 10 Oct 2008 (see r. 2(a)); |
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Reprint 1: The Planning and Development (Local Government Planning Fees) Regulations 2000 as at 20 Feb 2009 (includes amendments listed above) |
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These regulations were repealed by the Planning and Development Regulations 2009 r. 58(b) as at 1 Jul 2009 (see r. 2(b) and Gazette 19 Jun 2009 p. 2225) |
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2Formerly made under the Town Planning and Development Act 1928 s. 33B, continued under the Planning and Development Act 2005 s. 261.
3Now known as the Planning and Development (Local Government Planning Fees) Regulations 2000; citation changed (see note under r. 1).
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
applicant3
fee3
issue3
Panel3
structure plan3