Operational Policy 2.4 – Planning for school sites

What triggered the review of Development Control Policy 2.4? 

Development Control Policy 2.4 was adopted in 1998 and this review was an opportunity to address a number of identified issues with its implementation, including: 

• strategic planning deficiencies (undersupply of schools and oversubscription of students in growth areas)
• suboptimal land use planning outcomes for school sites (quality of sites, poor locations, traffic issues etc.)
• unforeseen and excessive development costs for the Department of Education with respect to primary schools site acquisition and development
• the need for a transparent, certain and more equitable primary school contribution methodology regime

Where does OP2.4 apply?

The principles of the policy apply to public or private education establishments, primary and secondary schools, existing and proposed areas with residential development, new or existing schools across the State that are being modified or expanded.

The section of the policy that relates to development contribution requirements (Section 3.9 and Appendix 2) for public primary school sites will apply to all region scheme areas or land within an approved structure plan, unless otherwise exempted. 

The policy is primarily intended to provide guidance for the delivery of primary and secondary school sites that are needed to cater for the demand resulting from compulsory education. As universities and technical colleges (TAFE) sites tend to be larger in area and less numerous across the State, they are subject to different issues. It remains important that the needs of the Department of Training and

Workforce Development and universities are considered through the strategic planning framework.

Why does a structure plan proponent need to provide Department of Education documentation when lodging a structure plan with the local government? 

The Western Australian Planning Commission considers that many of the planning ‘gaps’ and suboptimal outcomes in relation to school sites can be improved through early consultation and engagement with the Department of Education as well as the identification of appropriate sites in the structure planning stages.

The Department of Education needs to be able to review and assess the requirements for future school sites across broader areas (not just individual structure plans) if it is to respond appropriately to land use planning changes including unforeseen or incremental demand from increased residential densities.

A subdivider/landowner is required to demonstrate that they have engaged with the Department of Education early in the planning process where residential development is proposed, and to provide formal evidence of that engagement (e.g. letter from Department of Education) when the structure plan is lodged. While it is not imperative that the parties agree in respect of the school site planning, the Department of Education must be made aware of any structure plan which proposes residential development, or any subsequent amendment which alters the scope of residential development or proposed estimated dwellings.

This process will advise the Department of Education of cumulative changes that may occur in a locality and that may potentially impact school site provision, anticipated catchments and dwelling yields.

The Department of Education is cognisant of not unduly delaying proposals in the engagement phase, and will be resourcing appropriately and developing practice notes to ensure that responses to pre-lodgement consultation will occur in a reasonable timeframe. 

Why has the ratio of dwellings to public primary schools changed? 

The previous ratio range of 1500-1800 dwellings per public primary school was not delivering effective outcomes, as proponents tended to plan based on the upper end of the range, or in excess of it. This has resulted in insufficient school site planning and the oversubscription of many schools. Oversubscription can result in suboptimal outcomes for the useable area of a school and the functioning of the adjoining transport network.

The new ratio of 1500 dwellings per primary school is not attributed to a specific catchment and takes into consideration the broader locality, recognising that demand is not limited to the boundaries of a structure plan or subdivision area. This approach is expected to assist with the undersupply of school sites and/or student oversubscription issues. It will also provide the basis for a more accurate development contribution to be calculated.

In situations where a structure plan allocates residential ranges (e.g. R20-30), the average is expected to be used to calculate the demand for school sites. As the policy provides for variation, with other factors taken into consideration, such as the broader area capacity and demographic trends, it is recommended that proponents engage early with the Department of Education to determine a suitable level of school site provision. 

What is the ideal school site land area? 

The revised policy maintains the previous size requirements for primary and secondary schools along with the potential size reductions where they are co-located with public open space incorporating sport or recreation facilities.  Where public open space is proposed to be co-located, as per current practice, the Department of Education and local government enter into a shared use agreement to outline management, cost and maintenance sharing/obligations. As these will vary depending on locational and contextual factors, it is recommended that discussions between stakeholders begin as early as possible in the planning process.

In recognition of the State Government’s infill agenda which has been established via Perth and Peel@3.5million, a reduced area may be desirable and/or encouraged where there are expected to be difficulties in providing a four-hectare or unconstrained primary school site in an established area. 

The policy also recognises that the standard school site model (traditional single-storey built form) may need to be considered and delivered differently in the future and as such, provides for a reduced school site area where an innovative design is proposed and supported by appropriate information and merit. The reduced site area based on innovative design is contingent on support from the State agencies responsible for education and planning. 

The revised policy also outlines the circumstances when the Department of Education may request additional land area to be set aside for their acquisition. This may include additional land for education support facilities, child care services or supplementary services supporting childhood health. Early engagement with the Department of Education will assist in understanding the need for additional or supplementary services within each community.

Additional and supplementary facilities

The State Government has made a commitment to facilitate the co-location of child care services with primary school sites where it identifies a need. The Department of Education may also need additional land to provide additional/special education services. The ability for the Department of Education to request additional land to be set aside for acquisition for the purpose of additional or supplementary facilities such as the above, has been clarified in the revised policy.

The location of care services within a primary school/K-12 school site offers several advantages including minimising vehicle trips and providing convenience for parents of children attending both the school and care facilities, smoothing the transition for children entering the primary school system, and offering continuity for children across their school day or during vacation periods. The building can also provide a venue for other associated school or community activities. 

What work should be undertaken to a school site ahead of ceding? 

In recent years, the Department of Education has experienced substantial costs to bring ceded school sites up to a developable standard and ensure sufficient developable area is achieved for the school. The early and improved engagement processes are expected to result in higher standard sites being identified and provided for schools. It is intended that issues relating to topography, environmental, geotechnical, water management and infrastructure provision associated with school sites are resolved through the structure planning process. 

While the policy outlines school site selection criteria, it is recognised that the opportunities, limitations and locational features of an area or site will often need to be balanced to derive the most appropriate outcome and in some situations, it may be necessary to use a built-form response to overcome site constraints.

It is expected that a school site will be ceded in an unencumbered state and that basic site works (fill and drain) to match in with the broader subdivision area and vegetation clearing will have been completed or other satisfactory arrangements made with the Department of Education. All abutting roads should be constructed to levels that will match or coordinate with the school site and all appropriate infrastructure services have been made available to the site.

Subdividers/landowners and clearing agencies (such as local government) should liaise with the Department of Education prior to endorsing the clearance of subdivision conditions relating to fill and drain, road construction, clearing of vegetation, and infrastructure provision where a school site is part of the subdivision area. Where a school site may not be required for the short-to-medium term, or in situations where it may be desirable for vegetation to be retained, the Department of Education may apply its discretion in the clearing of subdivision conditions.

What is being done to assist with traffic issues around school sites?

Movement network, traffic and parking issues continue to be raised as key issues affecting the day-to-day operation of schools. The sections of the policy relating to traffic and movement have been expanded and clarified, with an additional appendix incorporated to provide strategic guidance and facilitate the objectives of the Department of Transport’s Your Move schools program.

The policy has been revised to require a minimum of three road frontages around proposed schools, as well as other design requirements including better coordinated crossovers and intersections to ensure more parking, bus embayments and set down/pick up areas can be provided to assist with traffic flow around schools.

Who is responsible for construction of roads adjacent to school sites?

Historically an unintended interpretation/evolution of the original policy and the Planning and Development Act 2005 resulted in the Department of Education sharing half of the entire road construction costs. 

The revised policy clarifies that the subdivider/landowner is responsible for the construction of all roads within the subdivision including those adjacent to school sites, with the Department of Education responsible for the cost of (reimbursing):

• pedestrian paths on the school site side of the road and 
• 50 per cent of on-street embayments and raised pedestrian crossings where directly attributed to the government school site.

With improved early engagement, the Department of Education will have an understanding of where school sites are proposed and how the site relates with the surrounding road network. It is expected that the subdivider will liaise with the Department of Education ahead of road construction to ensure that traffic modifications for the school site are undertaken to the Department’s satisfaction. Reimbursement for the road infrastructure items (costs) in accordance with the policy may be sought from the Department of Education. 

School sites experience peaks and troughs in student numbers - how does the policy assist in managing this challenge? 

Suburbs experience demographic changes over time which can impact on enrolment numbers and, in some cases, the need for school sites. Rather than prematurely disposing school sites that are not required in the short-to-medium term, the Department of Education and the Western Australian Planning Commission see value in allowing for adaptive re-use.

Creating a process where public school sites can be utilised temporarily for alternative land uses (in full or in part) will assist in maintaining the asset until enrolment numbers support its re-opening. It is expected that proposals to re-use a school site for alternative land uses will be considered on a case-by-case basis, in consultation with the relevant local authority to ensure the proposed temporary land uses are appropriate for the location and local context.

Additional requirements or conditions may also form part of lease agreements, and/or be inserted in the local planning scheme and/or development approvals. It is acknowledged that in some cases the closure and/or sale of a school site may be the preferred option. 

Are there any changes to the way in which a school site is ceded? 

Where land identified for a public primary school site is to be ceded through the subdivision process, it will be ceded to the Crown for ‘Public Purpose – Education’ rather than ceded freehold to the Department of Education. The Crown will then provide a management order to the Department of Education to reflect the education and other incidental land uses applicable to the site. 

How has the Development Contribution for public primary schools changed? 

The previous policy did not outline the contribution methodology. A new section has been added to clarify the policy’s original intent to provide for the ceding of government primary school sites free of cost, in a fair and reasonable condition, and provide transparency around the contribution arrangements.

The contribution requirement has been expanded to apply to all region scheme areas and land subject of an approved structure plan, based on the premise that all subdivisions and intensification in residential density create demand for, or on, a primary school. 

Based on a ratio of one primary school for every 1500 lots or dwellings, every subdivider/landowner (meeting the relevant criteria) should contribute 1/1500th of a notional four-hectare primary school site for every lot or dwelling that is proposed to be created, whether or not a primary school site has been identified within the associated structure plan or subdivision. 

The contribution will be imposed on all freehold and survey strata subdivisions that create more than an additional five lots within the region scheme areas or land within an approved structure plan. The contribution methodology (Appendix 2 of the policy) requires subdivider/landowners to have their properties valued to inform their primary school contribution or reimbursement amounts where a subdivider/landowner has ceded more land than their lot yield would require. 

Where a ceded primary school site varies from the notional four-hectare area, contribution or reimbursement amounts will still be calculated based on the four-hectare/1500 lot ratio, and the formula in Appendix 2 of the policy.

The Department of Education will be maintaining the contributions paid in sub-regional accounts or similar. To maintain transparency, the Department of Education will publish financial information annually.

How has the maximum Development Contribution amount for public primary schools been determined? 

The policy sets a maximum contribution cap per lot to ensure that contribution amounts are not unreasonable in higher land value areas; a $4,500 per lot/dwelling maximum contribution amount will apply. This maximum contribution amount reflects the upper limit of contributions amounts (per lot) currently being paid.

Subdividers/landowners also have the option to use the $4,500 per lot/dwelling maximum contribution amount to calculate their contribution requirement, instead of valuing their land using the formula set out in Appendix 2 of the policy.

When the policy is next reviewed, the maximum contribution amount will be reassessed by the Department of Planning, Lands and Heritage and the Department of Education, taking into account market considerations.

How is the timing of acquisition determined? 

The Department of Education is responsible for determining when school sites are acquired, taking into consideration factors such as projected demographic changes, and enrolments at existing nearby schools. 

The policy also provides for the Department of Education to consider early acquisition where a subdivider/landowner is subject to demonstrable hardship, and a portion of, or all of their site is identified for a primary school. 

What about built-strata/apartment developments? 

At this stage, the contribution regime is unable to capture built-strata dwellings (such as apartments), as they do not follow the same planning assessment and approval process as survey-strata and freehold subdivisions. This ‘gap’ currently exists and is recognised. 

A future Stage 2 review may include investigating the demand for schools generated from multi-dwelling developments as well as the appropriate planning mechanism and process to capture contributions from built-strata developments.

What impact do the policy changes have on the subdivision process? 

The Western Australian Planning Commission will be responsible for referring all subdivisions which propose more than an additional five lots to the Department of Education for comment, so that incremental density change or ‘coding creep’ can be captured, reviewed and responded to more effectively at that stage of planning.

Will changes be made to the Western Australian Planning Commission’s model subdivision conditions?

Yes. The Western Australian Planning Commission’s model subdivision conditions and advice notes have been amended to align with the revised Operational Policy. The amended conditions and new advice notes will ensure the objectives of the revised policy pertaining to development contribution arrangements, transfer of land, site works, and infrastructure services are implemented in the manner expected.

The updated conditions are available on the Model subdivision conditions schedule webpage.

What will happen to existing approvals and clearance of conditions? 

As the clearing authority for the below conditions, the Department of Education can apply discretion in its consideration of what is required for the clearing of conditions. 

It is highly recommended that subdividers/landowners contact the Department of Education to ascertain the requirements that apply to their proposal, and for transitional arrangements be made in writing. However, as a guide, the following will generally apply:

Developer Infrastructure Reimbursement Claims (DIRCS)

When accepting invoices for the sharing of the costs and construction of road infrastructure adjacent to school sites, the Department of Education will consider using the old method of calculating DIRCS for an additional three (3) months from the policy’s commencement date.

Any existing non-binding agreements*, invoices, or the like, received/made under the previous method for the sharing of the cost and construction of roads adjacent to school sites, (including those made after commencement of the policy), will be honoured by the Department of Education for 12 months from the policy’s commencement date.

After this date, the Department of Education will only reimburse the cost of providing pedestrian paths immediately adjacent to the school site, and 50 per cent of the costs of on-street embayments and raised pedestrian crossings where directly attributed to the school site, as per the policy provisions.

*Legal agreements will continue to be honoured and are not subject to the 12-month transition period.

Development Contributions

The Department of Education will honour existing agreements, quotes/invoices, or the like, for up to three (3) months from the policy’s commencement date. After this date, existing subdivisions and/or portions of staged proposals yet to be completed will generally be subject to the new regime (unless legal agreements have been made, or an alternative arrangement has been agreed upon since the policy’s commencement date). 

Subdivision proposals without an alternative agreement with the Department of Education will be subject to the new regime from the policy’s commencement date.

Site requirements

All subdivision approvals from the policy’s commencement date will be subject to the updated model conditions. The expectation will generally be for public primary school sites to be ceded in accordance with clause 3.4.7 of the policy. It is also expected that clearing agencies will liaise with the Department of Education prior to clearing subdivision conditions where a school site is part of the subdivision area, to ensure that requirements are met.