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Altus Planning are currently on the look out for an experienced planner to join our team on a 3 month contract. For more information and to apply, click here.

It’s time for us to bring out the iron and the razors… in accordance with the four-phase roadmap released by the State Government on Sunday, the team at Altus Planning will be resuming regular operations from our South Perth premises as of Monday, 18 May 2020. Whilst we will continue to be adhering to the recommended social distancing and hygiene practices, some face-to-face meetings will now be possible. We will otherwise continue to offer our clients alternative arrangements for tele and video-conferencing to best suit their needs.

Should you have any queries or wish to discuss your next planning project, please do not hesitate to contact the team at Altus Planning.

The Minister for Planning introduced some important and welcomed ‘exemptions’ to certain planning requirements on 8 April 2020 in response to the State of Emergency that was declared on 16 March 2020.

These exemptions are only temporary in nature and there has already been much analysis by planners and lawyers that provides guidance and clarity in respect to their application.

The greatest impact (and benefit) to our clients has been for those that were in the process of preparing change of use applications prior to the outbreak of COVID-19. All of a sudden, many proponents were advised that their planning application for shop, restaurant, consulting rooms or various industrial proposals, were potentially no longer required. More information on the specific exemptions can be found here.

Whilst it has been universally accepted that these changes have provided some welcome relief in this time of great uncertainty, we emphasise 3 points that might need to be considered when advising a local government that you intend on commencing a use under the new exemptions.

Should I be applying for permanent approval anyway?

Given the exemptions generally have effect until midnight on 1 May 2023 or otherwise expire 90 days after the date the State of Emergency Declaration ceases to have effect or is revoked, consideration must be given to the need for a planning application being made thereafter for those that wish to continue with their use after this time. For example, this may be particularly important for any proponent who also intends on purchasing a site and is seeking surety that they can remain in the longer-term. In addition, there may be considerations such as insufficient parking (in accordance with scheme and/or policy requirements) which may render achieving planning approval difficult, or in the worst-case scenario, impossible. In such circumstances, it is recommended that a proponent seek further advice from the local government or a consultant before they proceed with any exemption.

Do I still need other approvals?

The guidance notes to the exemptions make clear that a proponent may still require approvals under health, building, environment, liquor licencing and/or other statutory requirements.

In respect to change of use applications, this is as relevant now as it was in the pre-COVID-19 environment. Notably, requirements for universal access and ablutions under the Building Code of Australia (BCA) should be given consideration at the same time as planning approval, particularly when an older building is being retrofitted for a use that it has never before accommodated. A proponent can be caught out by requirements for lifts, toilets and/or showers in circumstances where they have not been contemplated and are not practically required. This is particularly prevalent when, for example, a multi-storey building changes from a Class 7B/8 (Warehouse/Factory) to a Class 9B (Educational Establishment/Public Building). In such an example, you are effectively going from a building with the lowest BCA requirements to one where there is a greater focus on occupant amenity and access, as well as greater requirements in terms of fire detection and suppression.

Even in the situation where there is a new build and development proposed, we strongly recommend that BCA and other statutory provisions be considered at planning application stage to avoid going back to amend planning approvals at a later date to accommodate these other requirements. Accordingly, we strongly suggest that a proponent seek professional advice not only from town planners but also other relevant experts such as building certifiers and assessors, where necessary, to avoid unexpected cost and time delays in the long run.

Should I sign a lease ahead of planning approval?

In a situation where a proponent is required to enter a lease for a site and planning approval is required for the intended use of that land (either immediately or in the longer term), assuming that approval will be granted and in a timely way, is fraught with danger. It is generally recommended that any offer to enter in a formal lease be made conditional upon planning and other statutory approvals being granted. In addition, such clauses need to allow sufficient time for application processing (generally 60 to 90 days after the lodgement of the planning application). Equally, we often recommend that a proponent who is also a prospective lessee, seek legal advice on such conditional or contractual matters involving leases.

Notwithstanding the incentives currently being offered by the Minister that encourage the wheels of the economy to keep turning, here at Altus Planning we always recommend a diligent and considered approach to your next project that may require planning approval. For your longer-term piece of mind, you may need to look beyond any current exemption.

For further information or to discuss how this may impact your next project, please do not hesitate to contact the team at Altus Planning.

On Friday, some important amendments to the Planning and Development (Local Planning Schemes) Regulations 2015 were announced that provide the Minister for Planning with authority to temporarily override requirements and conditions set out in a local planning scheme, and existing conditions in planning approvals.

This could include exemptions relating to noise or amenity restrictions that guide supermarket deliveries, waste and recycling services and construction activities, and take-away and retail delivery services among other locally driven compliance requirements.

Under the amendments, the Minister for Planning can issue a notice to suppress local scheme provisions for a single council, across a specific region or across the State.

The regulations also provide for streamlined advertising and decision-making processes. In this COVID-19 crisis, where strict social distancing protocols are enforced, this provides for digital access to plans and safer means of public inspection rather than inviting community members to venture away from home and visit physical buildings.

A State of Emergency must be declared for these new regulatory provisions to have effect.
Comments attributed to Planning Minister Rita Saffioti:

“These are unprecedented times and the McGowan Government has been working to identify extraordinary measures that can support urgent decision making, and ensure we can appropriately provide and care for the Western Australian community.

In a State of Emergency, these regulatory changes will provide the Government with an important mechanism to safeguard the supply of essential goods and services, help maintain civil order and lessen the administrative requirement for local councils in favour of direct frontline support in their communities.

We need to keep the trucks rolling and the shutters open, and while there might be some short-term inconvenience, we need greater flexibility, speed and a higher degree of co-ordination around our planning regulations to prioritise these services, at this time.”

More information can be found on the Minister’s website. The team at Altus Planning also welcomes any queries.

“We can’t calm the storm, but we can stay calm during the storm, it will pass”

Like everyone in the community, we are paying close attention to the latest updates and government agency announcements. As a small business, we are adaptable but clearly, we are dealing with a fluid situation that is now changing quickly.

For the time being, it is business as usual and we are adopting recommended practices in hygiene, personal separation and where possible, avoiding direct face-to-face contact. Several scheduled meetings and mediations are continuing as per normal, but we are now attempting to deal with most communications via email, telephone and Audio Video Link (‘AVL’), where possible. We have just updated our capabilities in respect to AVL and are currently installing, and becoming familiar with, various software platforms such as Microsoft Teams, Zoom and the like. We are happy to accommodate the needs of our clients in this regard.

We have also made contingency plans to continue working from home in the event of any required lock-down.

Given the disruption we are all facing, we ask our clients to be patient and understanding with any changes to project delivery or other timeframe commitments.

We will keep you updated with any other announcements. Stay safe.

CDC