Are Our Original Planning Protections Being Upheld?

Brigadoon Country Estate was established in 1984 under a planning framework intended to protect its rural character, the Swan River and floodplain, native vegetation, wildlife corridors and recreational areas.

Forty-two years later, are those planning protections being maintained and properly applied?

The original planning framework

The Brigadoon Country Estate Structure Plan was approved on 10 April 1984 in connection with Amendment No. 119 to the former Shire of Swan Town Planning Scheme No. 1.

In 2010, the WA Government advised Parliament that the approved 1984 Structure Plan could not be located despite a thorough search. Surviving scheme amendments, subdivision plans, approvals, restrictive covenants and environmental investigations are therefore important in establishing the original planning requirements and commitments.

Under the current Local Planning Scheme No. 17 (LPS17), Special Rural Zone No. 3 contains specific provisions for Brigadoon, including a 4-hectare minimum lot size for further re-subdivision in Precinct 1.

As the City progresses Local Planning Scheme No. 18 (LPS18), residents need confirmation of which existing provisions will be carried forward and whether any changes are proposed.

Environmental protections — what has happened since 2024?

On 17 June 2024, the Environmental Protection Authority (EPA) determined that proposed LPS18 did not warrant formal environmental assessment under Part IV of the Environmental Protection Act 1986, principally because it was considered largely an administrative update to LPS17.

However, the EPA recommended additional environmental protection mechanisms and urged that the necessary scheme amendments be progressed as a matter of priority.

The City advised that these measures would be introduced through future amendments rather than incorporated into LPS18 initially.

What progress has been made, and how will these measures protect environmentally sensitive areas such as Brigadoon and the Swan River corridor?

Discretionary planning decisions and the independent review

Special Rural zoning regulates more than subdivision. Its objectives and applicable development requirements are relevant when assessing proposed land uses.

Where a land use is classified as discretionary, approval is not automatic. The decision-maker must assess the proposal against the relevant local planning scheme provisions and applicable planning considerations under the Planning and Development (Local Planning Schemes) Regulations 2015.

These considerations may include the nature and scale of the activity, compatibility with surrounding land uses, environmental impacts, traffic, amenity and site-specific constraints.

This is particularly relevant to Home Business applications where the actual operations involve employees, commercial vehicles, trailers, equipment or waste-handling activities that may exceed the scale ordinarily associated with a home-based enterprise.

The assessment must consider the substance of the proposed use, its compliance with the applicable land-use definition and its suitability for the site — not simply the description given in the application.

Conditions may be imposed on development approvals, but they must serve a proper planning purpose and be sufficiently clear, reasonable and enforceable.

The City of Swan's October 2026 Independent Review of Planning Processes, prepared by LK Advisory, identified procedural weaknesses involving external agency referrals, assessment documentation, public submissions and technical advice.

The review recommended that material gaps or uncertainties in technical assessments be addressed through appropriate specialist advice rather than left to approval conditions.

Although the review examined four selected planning matters and did not assess the merits of individual decisions, its findings are relevant to how the City processes discretionary applications, including when referrals to environmental, water-management or cultural heritage authorities may be warranted.

What we are asking

• Confirm which Brigadoon Special Rural provisions, including minimum lot sizes and environmental requirements, will be retained under LPS18.
• Clarify the original 1984 planning requirements and commitments through examination of surviving records.
• Report on progress towards the additional environmental protection measures recommended by the EPA in June 2024.
• Ensure discretionary applications are assessed against all relevant statutory planning considerations, with specialist agency advice sought where necessary.
• Respond publicly to the independent planning review’s recommendations, particularly those concerning referrals, assessment procedures, public submissions and technical evidence.

Brigadoon's planning controls were established in recognition of its particular landscape, environmental constraints and intended rural character.

Those characteristics remain, while development pressures have increased.

Before existing planning protections are amended or relaxed, their original purpose, current legal effect and continuing relevance should be properly established and publicly explained.