Modernising the Metropolitan Region Scheme (MRS)

What has changed between the old and new scheme text?

Why has the MRS changed?

• First established in 1963, the current MRS is out of date. Its language and processes can be improved to deliver a more efficient planning system with special focus on housing supply. 
• As part of its agenda to improve planning processes the Government determined that the MRS Text be progressed as a new Planning and Development (Metropolitan Region Schemes) Bill 2024 (MRS 2024).

Does the Bill make any mapping changes?

• Other than re-naming the “Parks and Recreation” reserve in the legend, there are no mapping changes.

What type of development will require MRS approval?

• The Western Australia Planning Commission has endorsed a draft notice.

What are the changes in the MRS Bill 2024? 

• The text will reflect modern and contemporary terminology and will be modelled on the more recent Peel and Bunbury Region Schemes. 
• The main changes relate to the development approvals process, the introduction of provisions to prepare region planning scheme policies, prepare and approve district structure plans and provisions for regional infrastructure plans. 
• The amended text will also provide clear purposes for reserves and zones.
• While there was no formal consultation process, the Department of Planning, Lands and Heritage hosted high level briefings on the main principles of the Bill with key stakeholders and industry representatives who in turn kept their members informed. 
• View more details in Key Changes.

Who was consulted or involved on the Bill? 

• Two stakeholder reference groups were formed in 2022 to provide early feedback on the Region Scheme review project, which included a workshop on the MRS Text, to determine its strengths and weaknesses and general comments. These groups included representatives from local governments, local government associations and industry representatives. 
• Regular meetings were also held with key State Government Departments.

Will the exemptions under local planning schemes be included in the MRS Bill 2024? 

• Development approval on zoned land will not be required under the MRS unless the WAPC has made a specific resolution that it is required. 
• Many exempt developments under local planning schemes, including patios, pergolas, cubbyhouses, swimming pools and home renovations will be a part of, or incidental or ancillary to, a single dwelling house and therefore will not require approval under the MRS Bill 2024.
• The developments exempt from requiring local Planning scheme approval will not require region scheme approval as they will not meet the region scheme threshold unless included in the cl 28 notice.

Does the MRS Bill 2024 interact with the DAPS system?

• The changes introduced by the Bill will not impact the DAP system.

How will the Greater Bunbury Region Scheme (GBRS) and Peel Region Scheme (PRS) be updated to be consistent with the MRS Bill 2024?

• Once the MRS Bill 2024 text is published the WAPC will consider progressing amendments to the GBRS and PRS to ensure consistency.  

Why is there no Swan Valley carve out in the current MRS text?  

• This is covered by the Swan Valley Planning Act 2020 which commenced operation after the current MRS text was drafted. 

Is the intent of including Special Control Areas (SCAs) to provide for development contributions for State infrastructure? Given that existing Planning Control Areas (PCAs) can already be used if the Western Australian Planning Commission (WAPC) wants to determine applications in a particular area, what is the purpose of SCAs?

• A Special Control Area (SCA) is designated for additional planning considerations due to its unique characteristics or sensitivities. For instance, SCAs might be established to provide buffers around wastewater treatment plants or industrial zones. SCAs apply over and above the zoning or reservation status of land under the Metropolitan Region Scheme (MRS), affecting all land within the area regardless of its zoning or reservation.
  
  In contrast, a Planning Control Area (PCA), implemented under the Planning and Development Act 2005, designates that all development applications within the area are determined by the Commission. Regional Infrastructure Plan Areas (RIPAs) focus on coordinated infrastructure planning across local government areas, covering major roads, power stations, and water and sewer infrastructure. RIPAs may include additional development controls and require contributions towards infrastructure as a condition of development.
  
  SCAs and RIPAs serve different purposes and roles. Both will be introduced through future scheme amendments if deemed appropriate. Currently, both the Peel and Greater Bunbury Region Schemes have SCAs in place.

With the form changes, does this mean the MRS Form 1 will no longer exist, and only the LG DA form needs to be submitted to the WAPC? Or will there be a revised version of the form?

• If both a local government (LG) and Metropolitan Region Scheme (MRS) application are required, the application under the local planning scheme also serves as the application under the MRS, as the amended MRS text has eliminated the need for a separate application form. A draft new form is available on our website for MRS Development Applications (DAs) only, such as those for public works or on reserved land.

Why might development involving a non-conforming use be considered of regional significance?

• Such developments might not inherently be of regional significance, but their inclusion in the Clause 28 Notice is necessary to ensure that the purpose of the zone or reserve is not compromised. Given the age of the scheme and the lack of changes to the maps, there should be few such cases. Decision-making could potentially be delegated to local governments.

Who is the relevant referral agency for “Development in Activity Centres”? Also, could you clarify how the development of state or regional significance would be handled? At what point can the WAPC "call it in"? For example, if a 50-storey JDAP application is lodged, do we need to check if the WAPC considers it of regional significance for an MRS application to be required? Additionally, since it’s an approval under a local planning scheme, JDAP applications should be specified in the exemptions if necessary.

• The referral agency for activity centres is the Department of Lands and Planning (DLPH), to ensure compliance with SPP4.2.
  
  Development Assessment Panel (DAP) applications continue to be determined by DAP. If an MRS Development Application (DA) is triggered, for instance by a cl.28 Notice, a responsible authority report (RAR) on behalf of the Commission will be prepared for DAP consideration. DAP applications can also be region scheme applications.

Will the updated MRS Scheme Text introduce a zoning table that identifies permissible land uses in select zones?

• No, that function falls under the Local Planning Scheme (LPS). The purposes of zones in the MRS articulate the types of land uses that the zones accommodate.

The draft notice of resolution for consultation mentions that the Commission determines development of state and regional significance. What metrics and reporting guide WAPC decision-making to ensure transparency about what development is deemed of “state and regional significance or in the public interest”?

• There is no fixed definition for what constitutes state or regional significance, as the concept is designed to be flexible. Developments considered for these categories will follow criteria similar to those outlined in the Significant Development pathway factsheet on the Commission's website. This includes evaluating the social, economic, and environmental importance of the development, such as its nature, scale, geographical influence, and its potential contributions to infrastructure, community building, economic well-being, strategic state policies, or sustainable land use. The process mirrors existing cl.32 provisions, allowing the Commission to "call in" such developments. To ensure transparency, Commission meetings are now open to the public.

The bill introduces stated purposes for MRS reserves. For example, Metronet’s elevated rail projects through the City of Canning and Town of Victoria Park will create public open spaces beneath the railway. These spaces might benefit from activation by non-railway uses (e.g., community facilities, sports clubs, or pop-up cafes). If such uses do not strictly fit the described purpose of the railway reserve, what are the implications of the Bill for these land use proposals? Can such uses be considered ancillary to the primary purpose of the railway reserve, and if so, would the relevant local government or another body make that determination?

• The Bill does introduce purposes for reserves and exempts certain works from requiring approval. It also includes new provisions for management plans to be endorsed by the Commission, reducing the need for individual development approvals. The details of this process will be further explained in upcoming information sessions.

Do the amendments address the issue with development exemptions under the LPS Regulations that are not exempt under the MRS?

• Yes, they do. The newly added clauses outlining the Nature, Purposes, and Aims of the MRS provide greater clarity on the relationship between region and local planning schemes, their different roles, and how they interact. Most developments on zoned land will no longer require region scheme approval. The types of development exempt under the LPS regulations will not meet the region scheme threshold. Most, if not all, of these types of development will also not be captured by the clause 28 notice. These new provisions will be discussed in more detail at upcoming education and information sessions.

Has any thought been given to using a single decision form 2 for both region and local schemes?

• Yes. There is no change from the current process

Can you explain the process associated with Regional Infrastructure Plan Areas (RIPA)? Will the WAPC need to prepare and advertise a Regional Infrastructure Plan?

• The introduction of a RIPA will require an amendment to the MRS. Such an amendment is likely to be non-minor and require substantive consultation.

Does the WAPC have the legal authority to administer a Regional Infrastructure Plan? How will the funds be allocated and distributed?

• Currently, no Regional Infrastructure Plans are anticipated. The focus is on mechanisms to coordinate service agency delivery of trunk or mains infrastructure, with the relevant provisions included in the Bill. The Bill and the amended MRS provisions do not mention contributions, though development in a Regional Infrastructure Plan Area may be subject to contributions. If any Regional Infrastructure Plan Areas are considered, this must be done through an MRS amendment, which will specify the mechanism and administration of any contributions accordingly.

Can the WAPC call in a development application of state significance, or will it be up to the local government or applicant to opt in to SDAU?

• The WAPC can call in a development of state or regional significance in a manner similar to the existing clause 32 provisions of the MRS. The WAPC will notify the local government that the Commission needs to determine a region scheme application and provide the reason. The significant development application pathway is an opt-in decision by the applicant. These are two separate processes.

Will you provide a recording and transcript of the session to participants?

• Yes. While the transcript may not be completely accurate due to misinterpretations in the recording (e.g., "draught" vs. "draft"), the Q&A mail-out will offer more comprehensive responses to some questions due to the time constraints of the session.

Region Planning Scheme Policies - we have several State Planning Policies that currently apply only to specific areas or regions, such as the Gnangara Ground Water Protection Area policy. Will the DPLH consider changing SPPs to RPPs?

• The Department could consider this if deemed necessary or beneficial. Previously, an SPP was the only option due to the lack of provisions. The Gnangara Ground Water Protection Area extends beyond the MRS boundary, so it is unlikely this policy will change to a Region Planning Scheme Policy. However, policies such as the Parliament House Policy could potentially become Region Planning Scheme Policies as they relate to a subject matter confined within the boundaries of the scheme and are specific to the MRS only.

What is the difference between a region scheme Special Control Area (SCA) and a local government Special Control Area (SCA)?

• The principles are similar, but the Region Scheme SCA addresses regional or strategic requirements and can span across zone/ reserve boundaries and multiple local government districts. A region scheme SCA is a designated area within the region where additional planning considerations apply due to its specific characteristics or sensitivities, such as providing buffers around wastewater treatment plants or industrial areas. This SCA applies in addition to the zoning or reservation of land under the MRS, and the special considerations apply to all land within the area, regardless of its zoning or reservation status.

Confirm District Structure Plans have the same effect as a policy under Part 2. (i.e., regard as per clause 43e)

• District Structure Plans will have the same effect as policies prepared under Division 1, due to the authority granted by Division 2 of the scheme. Clause 43 specifies that the Commission must consider any region planning scheme or district structure plan when dealing with development approval applications.

Will there be a trigger for district structure plans to be assessed by the Environmental Protection Authority (EPA), or will that occur during the region scheme amendment stage?

• Currently, DPLH is working with the EPA and its support team to involve the EPA and environmental agencies during the district structure planning stage. We are hopeful that a memorandum of understanding (MOU), regulatory changes, or similar, will formalise EPA involvement in district structure planning assessments. Until such measures are finalised, environmental assessments by the EPA will follow existing processes.

Will Region Scheme Planning Policies (RPP) prevail over Local Planning Scheme Policies (LPP)?

• As Region Planning Schemes operate on a regional level, RPPs are generally focused on matters of State and regional importance and broader strategic matters. In contrast, local planning policies (LPPs) operate at the local level and therefore deal with local matters and are generally more detailed.
• Accordingly RPPs and LPPs will not generally cover the same subject matter.
• Decision makers are to give due regard to all relevant planning documents, including RPPs and LPPs.
• Policies do not “prevail” over one another. Rather, the relative weight given to each RPP and LPP will depend on the particular facts of the application.