Interim measures for public open space contributions for infill development

  • Planning Minister announces interim measures for public open space contributions for infill to be implemented while broader Public Open Space policy review is undertaken
  • Current policy has been in place since the 1950s
  • Amended delegations will ensure consistent application of cash-in-lieu provisions for infill

Planning Minister John Carey has today announced the Cook Government will bring forward new measures to reduce the regulatory burden and cost for infill development, while it undertakes consultation on a draft Public Open Space policy.

As an interim measure, while consultation continues, amendments to local government delegations will be enacted shortly, to ensure the Western Australian Planning Commission (WAPC) is the decision maker on any applications of public open space contributions for built strata applications in the Perth metropolitan area and the South West.

These changes will ensure there is a consistent and fair approach to public open space contributions across all local governments and also limit the capacity for councils to apply unforeseen project costs, which may prevent much needed apartment developments in the current housing market.

Minister Carey has also confirmed the Government will not support any changes to the Public Open Space policy that add regulatory burden and cost to the delivery of infill developments.

Public open space is generally provided at a minimum rate of 10 per cent of subdivided residential land at all new greenfield sites, with contributions for the creation of public open space and its facilities sought from those subdividing land.

However, under the existing policy, all proposals that increase the number of lots can potentially be required to make a land or monetary contribution to public open space. This can include apartment and mixed-use developments that create new built strata lots.

Currently there are two main issues with how public open space contributions are considered in the context of built strata applications.

These include:

  • inconsistent application of public open space contribution requirements across various local governments; and
  • the imposition of a public open space contribution condition at the end of the process, after development approval and the building permit has been issued, which is resulting in uncertainty and ultimately adding cost to the buyers of these dwellings.

Early feedback from some stakeholders on the draft policy has raised concerns, particularly for infill development, and its impacts on the availability and affordability of homes for future buyers.

Developers, planners, community groups, local governments and homeowners are encouraged to continue to have their say on options to modernise a longstanding planning policy guiding contributions towards public open spaces.

All views presented on the proposed policy changes will be reviewed and analysed to help inform the next steps so a more contemporary policy can be considered by the (WAPC) for implementation in the future.

More information about the draft policy is available at https://consultation.dplh.wa.gov.au/.

Submissions can be made online until Friday 25 August 2023.

As stated by Planning Minister John Carey:

“I want to be clear our Government will not accept any new changes to the policy that will negatively impact the current delivery of housing projects or lifts delivery costs for projects, given the current heated construction market and the need for new housing projects to be completed.

“Given the current heated construction market and cost escalations across the industry, as Planning Minister, I want to assure the sector no new changes to the Public Open Space policy will be introduced that halt or create price increases to infill developments.

“It’s also acknowledged, we need a stronger policy framework that will complement our Government’s significant investment in the development of new communities in METRONET precincts and across our suburbs and regions now and into the future.

“I encourage all developers, planners, urban designers, community groups and local governments to review the draft policy provisions and take the opportunity to have their say.

“I have requested the Department of Planning, Lands and Heritage, at the conclusion of the consultation period, to provide a summary report of all views presented to help inform next steps.”

/Public Release. View in full here.