FAQs Planning Scheme Amendments

    What is a local Planning Scheme?

    A Planning Scheme is a legal document that guides the development and use of land within an area. All development in the area has to, by law, comply with the Planning Scheme.

    What does a Scheme Amendment do?

    A Scheme Amendment makes changes to the Planning Scheme. The most common type of Scheme Amendment is when the zoning of land is proposed to change, for example from a civic zoning to a residential zoning. A Scheme Amendment can be classed as Basic, Standard, or Complex.

    Who can initiate a Scheme Amendment?

    A Scheme Amendment can be initiated by, or on behalf of a land owner. The City can also propose a Scheme Amendment.

    How is a Scheme Amendment processed?

    When a Scheme Amendment is submitted or instigated by Council, Council has to decide where to advertise it for public comment or not.

    If Council decided to advertise a Scheme Amendment, the City will consult on the proposal with the local community.  The 'type' of the Scheme Amendment will determine how long it is advertised for.

    When advertising has closed, Council has to consider any comments received and make a recommendation to support or not support the Scheme Amendment. 

    The Minister for Planning makes the final decision on whether the Scheme Amendment is approved or not.

    How is a Structure Plan processed?

    A proposed Structure Plan will generally contain a number of technical documents that need to show that the area is capable of being developed. The Structure Plan documents may relate to matters such as traffic movements, environmental considerations and a retail impact assessment. An assessment of these documents will be undertaken by City Officers during the advertising period.

    Once the advertising period has concluded, the City’s Officers will review all of the submissions received. A report to Council will then be prepared, which will include the Officers’ assessment of the proposed Structure Plan documents and address all the comments received during the advertising period. In some instances the Council may delegate decision making to the Chief Executive Officer.

    Council is to consider the Officers’ report and subsequently provide a recommendation (within 60 days) to the Western Australian Planning Commission on whether the proposed Structure Plan should be approved by the Commission, with or without modifications. The Western Australian Planning Commission will make a final decision to approve or refuse the Structure Plan. This process can take several months and the City will advise submitters of the Commission’s decision when it is known.

    If the Western Australian Planning Commission decides to approve the Structure Plan, it comes into effect immediately. From this date, Council is to have due regard to, but is not bound by, the Structure Plan when considering any development applications received.

    It is anticipated that the area will be developed in stages over an extended period as individual landowners choose to do so.

FAQs Structure Plans

    What is a Structure Plan?

    A Structure Plan is a planning document which guides future land use and development for an area and is one of the first steps in the development of new urban areas.

    A Structure Plan can show details such as housing density, road networks, areas of public open space and commercial areas. A Structure Plan indicates the way in which an area is to be developed and provides a framework to guide Council when it considers subdivision and development proposals.

    Who can prepare a Structure Plan?

    The City or the owner of land may prepare and submit a Structure Plan. 

    Why has the Council decided to advertise this Structure Plan?

    The City must advertise a Structure Plan that contains all the information required in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015, to allow the Structure Plan to be assessed. For this reason, the City is now advertising the proposed Structure Plan.

    What can you do if you want to comment on the proposed Structure Plan?

    If you want to provide comments on the Structure Plan, you can do this by lodging a written submission, giving the reasons for your views on the Structure Plan. The City must receive your submission by close of business of the advertised date. You can provide your comments to the City via the email link here or by written submission to the:

         City of Busselton, Locked Bag 1, Busselton WA 6280.

    Please be sure to include the relevant reference number.

    You can also provide your comments online at the City’s ‘Your Say Busselton’.

    What comments can I make regarding a Structure Plan?

    Council must consider the planning merits of the proposal and the planning issues that have been raised in the submissions received. The City asks that comments be limited to those directly related to the planning merits or impacts of the proposed Structure Plan.

    Matters that cannot be considered valid planning reasons for objecting to a proposal include:

    • Perceived loss of property value.
    • Private disputes between neighbours, including access, egress and easements.
    • Impact of construction work.
    • Trade competition concerns (in most circumstances).
    • Matters that are controlled under other legislation.