Referrals and Advice
One of our main responsibilities is to assist in reducing adverse impact on heritage places. Our advice on planning matters is generally based on identified Heritage Council or State policies, such as State Planning Policy 3.5, Historic Heritage Conservation.
Any scheme amendment or new local planning scheme should be referred to us for advice. Local planning policies, design guidelines, area plans and other planning documents can also be sent in for comment and assistance, particularly if they relate to heritage places or issues.
When undertaking works for places on the State Register, a development referral is required. For further information, please see Development Referrals.
If you are unsure about whether or not to refer a planning matter, please contact us, or email: email@example.com.
State Planning Policy 3.5
Local Government has a pivitol role to play in heritage conservation management, as the majority of Western Australia's cultural heritage places are significant at a local level. That role is fulfilled largely, although not solely, through local governments' town planning function.
State Planning Policy 3.5, Historic Heritage Conservation (SPP3.5), sets out the principles of sound and responsible planning for heritage protection. It can act as a default policy for local governments in relation to heritage, and is usually given significant weight in any determination by SAT.
We have developed guidelines and practice notes to assist local governments to implement SPP3.5. These relate to heritage inventories, assessment of local heritage places and local planning policies.
Heritage in the Planning Regulations
The Planning and Development (Local Planning Schemes) Regulations 2015
(the Regulations) came into effect on 19 October 2015, replacing the Town Planning Regulations 1967
. The Regulations set out how local planning strategies and schemes are prepared and amended. Schedule 1 contains the model provisions for local planning schemes and operates in the same way as the previous Model Scheme Text, and Schedule 2 contains the deemed provisions which automatically apply.
Part 3 of the model provisions is the section most commonly thought of as the ‘heritage’ part, as it covers the creation of heritage lists and areas, and is titled 'Heritage Protection'. It does contain some additional requirements and enables Scheme provisions to be varied for heritage places, but Part 3 does not include the key development controls that protect heritage places. Caution should therefore be taken when amending local planning schemes that are not consistent with the model provisions.
Local Planning Policies
A Local Planning Policy (LPP) is one of the tools available for implementing the Local Planning Scheme. An LPP is a tool for day-to-day decision-making, giving guidance as to how discretion under a scheme may be exercised.
In an LPP, a local government can state its intentions for implementation of the local scheme, particularly in relation to a heritage area or heritage areas designated through the scheme. However, if a local government is satisfied that State Planning Policy 3.5, Historic Heritage Conservation, gives sufficient direction for decision-making, there may be no need to establish an LPP for local heritage. The following document is a guide to good practice: Local Planning Policies – Practice Notes and Examples
The following are a sample of LPPs for heritage protection.
Heritage strategies are a recommended part of the local government management toolkit, and assist in identifying priority projects and work areas. A heritage strategy can also support the integrated planning and reporting framework undertaken by each local government, particularly in relation to objectives and strategies identified in the Strategic Community Plan and Asset Management Plan.
Below are some interstate examples of heritage strategies:
Lessons from SAT
Reviewing the outcome of appeals to the WA State Administrative Tribunal (SAT) can provide valuable information on how current planning legislation and processes are viewed. This can help you to decide what course of action to take in relation to particular development applications or proposals.
Many heritage-related planning decisions made by State Government and local government have been reviewed by the SAT, and prior to this, the Town Planning Appeals Tribunal (TPAT).
Please click here to view a summary of heritage-related planning appeals to date.