What is proposed
On 26 October 2026, the Department of Planning, Lands and Heritage (the department) released draft amendments to the Planning and Development (Local Planning Schemes) Regulations 2015 (WA) for public comment. The draft is titled the Planning and Development (Local Planning Schemes) Amendment Regulations (No 3) 2026.
At present, some new convenience stores are exempt from needing development approval. The draft would remove that exemption for new convenience stores that propose to sell tobacco products.
The exemption would be removed where two conditions are met. The scheme must list a convenience store as a 'D' (discretionary) use. The site must also be in a commercial, centre or mixed-use zone. Development approval would then be needed before the use starts, in addition to any licensing.
The WA Government has said the proposal forms part of its response to the illegal tobacco and vaping trade. The department notes that the planning system does not regulate tobacco sales directly. The draft contains no compliance or enforcement measures of its own.
Who it affects
The department defines a convenience store as premises used to sell everyday goods of the kind found in a supermarket, delicatessen or newsagent. It may trade beyond normal hours. Its floor area must not exceed 300 m2 net lettable area.
The proposal is relevant to landowners and landlords with tenancies in commercial, centre or mixed-use zones. It is also relevant to anyone planning to open a convenience store that would sell tobacco.
Local governments would assess the resulting development applications. Residents would gain a chance to comment on a proposal through that application process.
What this means for you
If you already run a convenience store with a valid tobacco retailer's licence, the department says transitional arrangements would exempt your store. The amendments are not retrospective.
If your scheme lists a convenience store as a 'P' (permitted) use in your zone, the draft would not change that. The department notes that local governments may review whether that permissibility remains appropriate in future scheme reviews.
If you are planning a new store that would sell tobacco, the key questions are site specific. Check how your local planning scheme classifies a convenience store in your zone. Then check whether your floor area falls within the 300 m2 limit. The department suggests that owners and tenants check their scheme or contact their local government.
For landlords, this means a new tenant proposing a convenience store that sells tobacco, where it is a 'D' use in a commercial, centre or mixed-use zone, would need development approval before the use starts, as well as any licence.
Key dates and how to make a submission
Consultation runs from 26 October 2026 to Friday 4 December 2026. The department says late submissions may not be accepted.
| Date | Milestone |
|---|---|
| 13 October 2026 | WA Government announces the proposed planning changes |
| 26 October 2026 | Consultation opens on the draft amendment regulations |
| 4 December 2026 | Consultation closes |
| Not yet set | Regulations take effect once gazetted |
In short, submissions close on 4 December 2026 and the consultation materials do not state a commencement date.
The department prefers submissions through the online survey on its Have Your Say page. You can also email planningframeworks@dplh.wa.gov.au. Postal submissions go to the Department of Planning, Lands and Heritage, Planning Frameworks, Locked Bag 2506, Perth WA 6001.
The department is seeking feedback on removing the development approval exemption for 'D' use convenience stores in these zones. It is not seeking feedback on tobacco licensing, public health regulation or law enforcement. Enquiries go to the Planning Frameworks team on (08) 6551 8002.
Next steps
The department sets out the remaining process. After public and stakeholder comment, the Minister recommends the amendment to the Governor. The regulations take effect once gazetted.
How Trace Planning can help
We can review how your local planning scheme treats a convenience store on your site and what a development application would involve. See our statutory planning services or contact us to discuss your property.
This article is general information as at October 2026, not legal advice.
References
All accessed 29 October 2026.
- Have your say: proposed amendments to the local planning scheme regulations for convenience stores and tobacco sales, Department of Planning, Lands and Heritage, 26 October 2026, https://www.wa.gov.au/government/announcements/have-your-say-proposed-amendments-local-planning-scheme-regulations-convenience-stores-and-tobacco-sales
- Proposed amendments to the Planning and Development (Local Planning Schemes) Regulations 2015 relating to convenience stores and the sale of tobacco products, Department of Planning, Lands and Heritage, Have Your Say WA, 26 October 2026, https://haveyoursay.dplh.wa.gov.au/regulationamendmentstobaccosales
- Frequently asked questions, Department of Planning, Lands and Heritage, Have Your Say WA, undated, https://haveyoursay.dplh.wa.gov.au/regulationamendmentstobaccosales/widgets/498297/faqs
- Stronger planning rules proposed in crackdown on illicit tobacco, WA Government media statement, 13 October 2026, https://www.wa.gov.au/government/media-statements/Cook%20Labor%20Government/Stronger-planning-rules-proposed-in-crackdown-on-illicit-tobacco-20261013
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