The purpose of declaring planning control areas is to protect land that has a specific purpose.
The Western Australian Planning Commission (WAPC) can declare that a planning control area is required to ensure that no development occurs on this land which might prejudice its purpose or its potential reservation in a region planning scheme.
Declaration of Planning Control Areas (PCAs), under Section 112 of the Planning and Development Act 2005, is a standard statutory planning process commonly used to protect strategic land from inappropriate development and can include acquisition by the WAPC where required. A PCA remains in place for up to five years, to allow a region scheme amendment to be put in place
Planning Control Area 1 – Bunbury Outer Ring Road
The Minister for Planning has granted approval under the provisions of section 112 of the Planning and Development Act 2005 (‘the Act’) to the declaration of a Planning Control Area for the Bunbury Outer Ring Road between Forrest Highway and Bussell Hwy as shown on Western Australian Planning Commission plan numbers 1.7936; 1.7937; 1.7938; 1.7939; 1.7940; 1.7941; 1.7942; 1.7943; 1.7944; 1.7945; 1.7946; 1.7947; 1.7948; 1.7949; 1.7950; 1.7951 within the Shires of Capel, Dardanup and Harvey and the City of Bunbury.
The declaration was published in the Government Gazette on Friday 15 May 2020.
- Declaration of Planning Control Area 1 – Government Gazette 15/05/2020
- Plans showing areas covered by Planning Control Area 1 within the Shire of Capel
The purpose of the Planning Control Area is to allow the possible future reservation of the lands for regional road purposes. This is required for the construction of the northern and southern sections of the Bunbury Outer Ring Road and the upgrading of the centre section in response to future increase in traffic demand in the Greater Bunbury sub-region area.
The WAPC considers that the Planning Control Area is required to ensure that no development occurs on this land which may prejudice this purpose until it may be reserved for Primary Regional Roads in the Greater Bunbury Region Scheme.
Duration and effects
The declaration remains in effect for a period of five years from the date of publication of this notice in the Government Gazette or until revoked by the WAPC with approval by the Minister, whichever is the sooner.
A person shall not commence and carry out development in a Planning Control Area without the prior approval of the WAPC. The penalty for failure to comply with this requirement is $200,000 and, in the case of a continuing offence, a further fine of $25,000 for each day during which the offence continues.
Compensation is payable in respect of land injuriously affected by this declaration, and land so affected may be acquired by Main Roads WA in the same circumstances and in the same manner as if the land had been reserved in the Greater Bunbury Region Scheme for a public purpose.
In practical terms, this means our Town Planning Scheme No.7 and the Greater Bunbury Region Scheme no longer apply within the declared Planning Control Area. Any proposal for development on land within the PCA is to be submitted to us and we must then refer the application with its recommendation to the Western Australian Planning Commission for decision. We have no power to approve development within the Planning Control Area.