Business owners and landowners often assume planning approval is about buildings alone. It is not. Under the Planning and Development Act 2005 (WA), "development" includes the use of land, so starting a new use can need development approval on its own. Many common changes of use in commercial areas are exempt, provided you meet the conditions and do not need approval for any works.
What is a change of use?
Section 4 of the Act defines development as the development or use of any land, including building and other works. A change of use happens when premises start being used for a purpose that falls into a different land use class under the local planning scheme. Turning an office tenancy into a cafe is a typical example.
Each local planning scheme has a zoning table. The table lists land uses down one side and zones across the top, and gives each use a symbol in each zone. The meaning of those symbols comes from the deemed provisions in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 (WA). The deemed provisions apply to every local planning scheme in WA.
The deemed provisions deal with the use of land directly rather than with a "change of use". The question is the same: does the new use need approval in your zone?
How the zoning table sets the starting point
Schedule 2 clause 1 defines four classes of use. The definitions apply "regardless of the symbol used", so a scheme with different symbols still works the same way.
| Use class | What the deemed provisions say | Approval for the use? |
|---|---|---|
| P | Permitted in the zone if it complies with relevant development standards and scheme requirements | Not required if there is no works component, or the works are exempt |
| D | Not permitted unless the local government grants development approval | Required, unless it is an exempt class D use under clause 61(3) |
| A | Not permitted unless the local government grants approval after advertising under clause 64 | Required, with advertising |
| X | Not permitted in the zone | Not permitted under the scheme as it stands |
In short, a P use in the zone is usually exempt if there are no works needing approval, while D and A uses need approval unless a specific exemption applies.
The land use names matter. The exemption table in clause 61 uses the land use definitions in Schedule 1 clause 38 of the Regulations, whether or not your scheme uses the same term.
When development approval is required
Clause 60 of the deemed provisions sets the requirement for development approval. Guidance from the Western Australian Planning Commission (WAPC) explains that clause 60 and section 162 of the Act create a presumption that all development requires approval, unless clause 61 says otherwise.
That means a new use generally needs development approval if any of these apply:
- the use is a class D use in the zone and is not an exempt class D use
- the use is a class A use in the zone, which also requires advertising
- the proposal includes works that are not themselves exempt, such as a new shopfront or an extension
- the land is in a special control area whose provisions require approval
- the land is in a designated bush fire prone area and clause 78D(3) requires approval.
A class X use is not permitted in the zone, so it cannot be approved under the scheme as it currently stands.
When a change of use is exempt
Clause 61(2) lists uses of land that do not need development approval. The ones most relevant to business owners and landowners are:
- a class P use in the zone, if the development has no works component or the works do not need approval
- an exempt class D use under clause 61(3), on the same works condition
- using premises as a home office
- a temporary use that exists for less than 48 hours, or a longer period agreed by the local government, in any 12 month period
- any other use a local planning policy or local development plan specifies as not needing approval
- a use the scheme itself identifies elsewhere as not needing approval.
Clause 61(5) says these exemptions apply despite anything in the zoning table. WAPC guidance also says local planning policies and local development plans cannot take these exemptions away, although they can add further exemptions.
Exempt class D uses
Clause 61(3) sets out D uses that are exempt in particular zones, provided the listed conditions are met. These changes commenced on 15 February 2021 under the Planning Regulations Amendment Regulations 2020 (WA).
| Use | Zones | Conditions |
|---|---|---|
| Shop | Commercial, centre or mixed use | Net lettable area no more than 300 m² |
| Restaurant/cafe | Commercial, centre or mixed use | Net lettable area no more than 300 m² |
| Convenience store | Commercial, centre or mixed use | Not used for the sale of petroleum products |
| Consulting rooms | Commercial, centre or mixed use | No more than 60% of the glass of any ground floor window is obscured |
| Office | Commercial, centre or mixed use | Not on the ground floor of a building |
| Liquor store (small) | Commercial, centre or mixed use | In the metropolitan region or Peel Region Scheme area |
| Small bar | Commercial, centre or mixed use | In the metropolitan region or Peel Region Scheme area, and the lot does not directly adjoin a residential zone |
| Recreation (private) | Commercial, centre or mixed use; light industry | In the metropolitan region, indoor net lettable area no more than 300 m², and no more than 60% of ground floor window glass obscured |
| Home occupation | All zones | None listed |
Put simply, smaller shops, cafes and several other common commercial uses in commercial, centre and mixed use zones can start without development approval, as long as each condition is met and no works need approval.
"Commercial, centre or mixed use zone" is defined in clause 1. It covers a Commercial, Centre or Mixed Use zone under the model provisions, or another zone whose scheme objectives show it is suitable for a range of shops, offices, restaurants and other commercial outlets, or for active street level uses with residential or other uses above.
Net lettable area is also defined in clause 1. It is the floor area inside the finished surfaces of permanent walls, and leaves out areas such as stairs, toilets, lift shafts, plant rooms and shared public space.
Short-term rental accommodation
Planning rules for short-term rental accommodation changed in 2024. The Department of Planning, Lands and Heritage (DPLH) says hosted short-term rental accommodation, where the host lives on the property, is exempt from development approval across WA. In the Perth metropolitan area, unhosted accommodation is exempt for up to 90 nights in a 12 month period, and generally needs approval beyond that. In regional areas, including Peel, each local government sets its own requirements. All short-term rental accommodation must be registered, whether or not approval is needed.
Works and use are assessed separately
Clause 61(8) keeps works and use apart. An exemption for the works does not decide whether the use needs approval, and an exemption for the use does not decide whether the works need approval.
A cafe of under 300 m² in a Centre zone may be an exempt use, but new signage, a new facade or an extension can each need approval in their own right. WAPC guidance notes that an exempt P use does not need to meet minimum car parking requirements, but non-exempt works in the same proposal can bring parking back into the assessment.
Existing approvals also matter. WAPC guidance says conditions on an existing development approval stay in force, so check any approval that already applies to the tenancy before you sign a lease.
A change that is under consultation
On 26 October 2026, DPLH opened consultation on draft amendment regulations about convenience stores. Under the proposal, a new convenience store that is a D use in a commercial, centre or mixed use zone and intends to sell tobacco products would need development approval. Consultation closes on 4 December 2026. The draft is not yet law, and the current exemption for convenience stores still applies until any amendment is made.
What to check before you change the use
- Find the zone of the property on your local government's scheme map.
- Work out which defined land use your proposal falls under, using the scheme's land use definitions.
- Check the zoning table for that use in that zone: P, D, A or X.
- If it is a D use, check whether it is listed in the clause 61(3) table and whether every condition is met.
- Check whether any works, signage or fit-out changes need their own approval.
- Check for special control areas, bush fire prone area designation, local planning policies and existing approval conditions.
- Confirm the position with your local government before you commit.
Check your own local planning scheme and talk to your local government. If a proposal does not clearly fit an exemption, a written view from the local government or a development application gives you certainty.
How Trace Planning helps
Trace Planning works with business owners and landowners across WA and the NT on statutory planning matters. We can check your zone and use class, review whether an exemption applies, and prepare and lodge a development application where one is needed. See our statutory planning services and the wider town planning services we offer.
For related reading, see R-Codes explained for residential density, and our step-by-step guide to subdivision in WA. Talk to a town planner about your change of use.
Frequently asked questions
Do I need planning approval to change the use of a shop in WA?
It depends on the zone and the new use. If the new use is a P use in the zone, or an exempt D use that meets the clause 61(3) conditions, and no works need approval, development approval is generally not required. Otherwise, you will usually need to apply.
Can I open a cafe without development approval in Perth?
A restaurant/cafe that is a D use in a commercial, centre or mixed use zone is exempt if its net lettable area is no more than 300 m² and no works need approval. Signage, fit-out and other permits may still be needed.
What do P, D, A and X mean in a zoning table?
P means permitted if it meets the scheme's standards. D means it needs development approval. A means it needs approval after advertising. X means it is not permitted in the zone.
Does my local planning policy override the change of use exemptions?
No. WAPC guidance says local planning policies and local development plans cannot remove the clause 61 exemptions, although they can add further exemptions.
This article is general information as at October 2026, not legal advice.
References
All accessed 27 October 2026.
- Planning and Development (Local Planning Schemes) Regulations 2015 (WA), official version as at 6 October 2026 [PCO 01-a0-00] (Schedule 2 cls 1, 60, 61). legislation.wa.gov.au: Local Planning Schemes Regulations 2015
- Planning Regulations Amendment Regulations 2020 (WA), SL 2020/252, Government Gazette No. 210, 18 December 2020 (item 70, replacing Schedule 2 cl 61). legislation.wa.gov.au: Planning Regulations Amendment Regulations 2020
- Planning and Development Act 2005 (WA), official version as at 19 February 2026 (s 4). legislation.wa.gov.au: Planning and Development Act 2005
- Western Australian Planning Commission, Frequently Asked Questions: Planning and Development (Local Planning Schemes) Regulations 2015, April 2021. wa.gov.au: Practitioners' FAQ
- Government of Western Australia, Planning and Development (Local Planning Schemes) Regulations 2015 (last updated 26 October 2026). wa.gov.au: LPS Regulations document collection
- Department of Planning, Lands and Heritage, Regulation amendments: tobacco sales, consultation 26 October to 4 December 2026. haveyoursay.dplh.wa.gov.au: Regulation amendments, tobacco sales
- Department of Planning, Lands and Heritage, Short-Term Rental Accommodation Planning Regulations (last updated 5 January 2026). planning.wa.gov.au: Short-term rental accommodation planning reforms
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