Station precinct planning is now in train – what does it mean for your land?

Significant planning changes have now arrived at a number of existing train stations in the Perth metropolitan area.

In November of 2025, the State Government of Western Australia announced that it would create 10 train station precincts, which would be subject to improvement plans and improvement schemes under Part 8 of the Planning and Development Act 2005 (WA) (PD Act).  The goal behind these train station precincts is to increase permissible density and to encourage new housing development in close proximity to existing train stations, in response to the ongoing housing supply and affordability crisis.

An improvement plan covering 8 of the 10 train station precincts, known as Improvement Plan No 65 – Station Precincts, came into effect on 28 July 2026.  This improvement plan applies to land in proximity to existing train stations at Bassendean, Carlisle / Oats Street, Claisebrook, Cottesloe, Glendalough, Morley, Mosman Park and Swanbourne.  Maps showing the precise dimensions of the improvement plan are available online.  Each map shows a “core” (which is presumably intended for the most intensive development) and a “frame” area (which is presumably intended to be more of a transitional area).

The next step in the process is for the Western Australian Planning Commission (WAPC) to prepare and enact an improvement scheme (or potentially multiple improvement schemes for each of the different train station precincts), which will effectively override the existing local planning schemes and hand planning control for the relevant areas from local government to the WAPC.

The creation of the improvement plan and the subsequent creation of an improvement scheme has the potential to fundamentally shift how land is planned, regulated and developed around existing train stations.  If you own or intend to develop land that is covered by the improvement plan, then this is a reform that you need to understand and it is important that you make your thoughts known before any improvement schemes are finalised.

What is an improvement scheme?

An improvement scheme is basically a planning scheme that applies to an improvement plan area.  Importantly, under section 122D of the PD Act, if an improvement plan scheme comes into effect, any existing local planning scheme for the same land ceases to apply.  An improvement scheme is administered by the WAPC, rather than by local government.  It is therefore fair to say that the creation of an improvement scheme results in the transfer of planning responsibility for an area from local government to the WAPC.

Content of the improvement scheme

A draft improvement scheme for the improvement area has not yet been released.  The proposed content of any improvement scheme is therefore currently unknown.  The WAPC has however signposted (through the content within the improvement plan notice) that its intention is for the subsequent improvement scheme to facilitate higher-density development, in order to facilitate new housing.

Unlike the case with local planning schemes, the “deemed provisions” do not automatically apply to an improvement scheme, so it is therefore possible that any improvement scheme might not embody the standard layers of planning control that would ordinarily apply to land that is covered by a local planning scheme.

For example, various properties within the improvement plan areas might currently be recognised in a heritage list administered pursuant to an existing local planning scheme.  Such heritage protections would be removed if an improvement scheme is adopted by the WAPC without equivalent heritage protections in place.

It is however possible that improvement schemes could be adopted on similar terms to a model local planning scheme and with transitional provisions in place for the WAPC to essentially adopt existing local planning instruments.  It is also possible that despite the creation of an improvement scheme, the WAPC might delegate particular powers back to local government, such as for determining more basic development applications.

Non-conforming uses

A significant question is what is going to happen with those land uses that are covered by the improvement plan but that are inconsistent with the idea of delivering new high-density residential development.  For example, the improvement plan covers existing industrial areas near the Morley, Claisebrook and Glendalough train stations.

An ordinarily feature of the planning system in Western Australia is that existing lawful land uses may continue, even after a change in zoning.  The position is however potentially different with an improvement scheme, given that section 122C(3) of the PD Act contemplates that an improvement scheme may prohibit the continuation of a non-conforming land use.  The WAPC seems to have flagged the potential inclusion of such measures, given that the improvement plan notice contains a reference to “facilitating the cessation of incompatible non-residential land uses and the transition to these uses to suitable alternative locations where applicable”.

This means that existing non-residential uses covered by the improvement plan may potentially be required to cease once an improvement scheme comes into effect.  Compensation for injurious affection would potentially be payable in such circumstances, under Part 11 of the PD Act, but the availability and quantum of any compensation would be a complex question that would depend on the precise circumstances of a given case.

Next steps

The WAPC will eventually release a draft improvement scheme (or potentially multiple draft improvement schemes) for consultation.  Given the potential significance of these planning changes, affected landowners, developers and local governments should all ensure that their voices are heard through this consultation process.  If you are unsure about whether your land is covered by the improvement plan, then now is the time to check.

For developers, the improvement plan will likely represent a significant and positive opportunity, as any improvement scheme will likely increase contemplated development yields.  The extent to which contemplated development yields may increase above what is already contemplated by local planning schemes is however currently unknown.

For existing landowners affected by the improvement plan, who do not have intentions to redevelop or to relocate, the primary focus will likely be understanding whether the improvement plan will introduce zoning that is inconsistent with current land uses and whether the improvement plan will allow for the lawful continuation of such land uses.  Questions as to potential compensation may also arise in such cases.

For local governments whose areas are covered by the improvement plan, a key concern and a likely expectation of ratepayers will be to persuade the WAPC to carry over an appropriate extent of existing planning controls (such as local planning policies and heritage protections), so that implementation of an improvement scheme does not have a detrimental impact on those aspects of existing neighbourhood character that should fairly be retained.

If you have any questions about the improvement plan for the station precincts or the subsequent creation of an improvement scheme, please contact Lavan’s Planning, Environment and Land Compensation Team.

Disclaimer

The information contained in this publication does not constitute legal advice and should not be relied upon as such. You should seek legal advice in relation to any particular matter you may have before relying or acting on this information. The Lavan team are here to assist.