The Western Australian Planning Commission (“WAPC”) has released a position statement on residential accommodation for ageing persons (“Position Statement”). Click here to read the statement.
According to the Position Statement:
‘It seeks to remove planning process barriers and encourage the provision of an appropriate supply and diversity of options for residential accommodation by establishing consistent, simplified and streamlined approval pathways, within a strategically-led planning framework. It is proposed to complement existing government policies and services for older Western Australians’.
In this update we take a closer look at the Position Statement, and what it means for aged persons’ accommodation in WA.
Summary of the Position Statement
The Position Statement outlines the following policy measures:
Local planning strategies
- All local planning strategies should consider, evaluate and provide for future residential accommodation needs for ageing persons by incorporating a dedicated section on the topic.
- It is preferable for a local government’s position on residential accommodation for ageing persons to be formalised within a local planning strategy.
Local planning schemes
- Local planning schemes should align with the local strategic planning framework to facilitate the streamlined delivery of the identified residential accommodation needs of ageing persons.
- Local planning schemes should contain land use definitions of a ‘Residential aged care facility’ (‘a residential facility providing personal and/or nursing care primarily to people who are frail and aged or dependent persons …’) and ‘independent living complex’ (‘a development with self-contained, independent dwellings for aged or dependent persons together with communal amenities and facilities …’). It is the provision of care that distinguishes a ‘residential aged care facility’ from an ‘independent living complex’.
- The land uses ‘residential aged care facility’ and ‘independent living complex’ should be classified as permitted land uses in residential zones and mixed-use/centre type zones (unless there is sufficient justification otherwise, on proper and orderly planning and locational grounds).
Structure plans
- All future structure plans should be consistent with the residential accommodation needs of ageing persons as identified in the local planning strategy and/or local planning scheme.
Location and approval of developments
- Residential accommodation developments for ageing persons should be located so that they are well integrated within the community, serviced by adequate transport networks and close to health, community services and facilities that will service the everyday needs of future residents.
- Residential aged care facilities and independent living complexes are encouraged within residential zones, mixed-use and centre type zones, in line with the local strategic planning framework.
- Development approval should be supported where a proposed residential aged care facility or independent living complex aligns with:
- any local planning strategy, local planning policy and/or Council resolution/s specifically regarding the provision of residential aged care;
- relevant local planning scheme provisions;
- the relevant provisions of State Planning Policy 7.3 Residential Design Codes;
- the principles for good design under State Planning Policy 7.0 Design of the Built Environment; and
- relevant provisions of other State Planning Policies.
Comment
The Position Statement is a statement setting out the policy position of the WAPC. What this means in practice for residential accommodation for ageing persons, is this:
- A local government must prepare a local planning strategy for each local planning scheme applying to land within its district. The local planning strategy requires WAPC endorsement: Planning and Development (Local Planning Schemes) Regulations 2015 (“LPS Regs”) r 15.
- A local government must carry out a review of its local planning scheme every 5 years: LPS Regs r 65. The WAPC makes recommendations on draft local planning schemes and scheme amendments to the Minister for Planning – who ultimately decides whether to approve the scheme or amendment: LPS Regs r 29, 45, 55, 60.
- A structure plan is a plan for the coordination of future subdivision and zoning of an area of land. It requires WAPC approval: LPS Regs Schedule 2 – Deemed provisions for local planning schemes.
In relation to each of the above planning documents, it can be expected that the WAPC – where making recommendations, approving or endorsing documents – will apply the policy position outlined in the Position Statement. This will in time see the implementation of local planning documents across the state, that reflect the Position Statement and therefore encourage the development of residential accommodation for ageing persons.
Where the Position Statement gets potentially confusing, is in its introduction of the terms ‘Residential aged care facility’ and ‘independent living complex’. According to the Position Statement:
- An ‘independent living complex’ does not include a development which includes dwellings and communal amenities as part of a residential aged care facility’.
- The term ‘independent living complex’ should not be considered a retirement village as defined under the Retirement Village Act 1992 (WA) and vice versa.
On our reading of the Position Statement, the intent appears to be that:
- A residential aged care facility is a care facility, whereas an independent living complex provides self-contained independent dwellings.
- An independent living complex would include a retirement village but is not limited to retirement villages. It could also include other types of independent seniors’ living – for example over 55’s strata complexes, and lifestyle villages.
There could be a blurring of lines between a residential aged care facility, and an independent living complex, in the case of hybrid accommodation models. For example, a retirement village or serviced apartment with integrated home care services could conceivably be a residential aged care facility for the purposes of the Position Statement. Much would depend on the precise nature of the accommodation and care on offer.
If you seek any further information about the Position Statement, or aged persons’ accommodation generally, please contact David McMullen.
