Cash-in-Lieu of Public Open Space Contributions

The requirements for the provision of Public Open Space (POS) are contained under Sections 152 to 156 of the Planning and Development Act 2005 (Act).

Providing access to quality POS through the subdivision process is essential to healthy, liveable communities.  The West Australian Planning Commission (WAPC) have policies that provide for 10% of the gross subdividable area to be given up, free of cost, for the provision of POS by the subdivider of a residential subdivision to ensure a reasonable distribution of land for active and passive recreation.

In some instances it is not practical for land to be provided within a specific subdivision, such as small subdivision areas where the provision of land would result in a small and impracticable area of POS, or where the location of the subdivision does not require additional land for POS.

Section 153 of the Act provides for a payment in lieu of providing land for POS, with a sum that represents the value of the land that would otherwise be provided by the subdivider and Section 155 of the Act provides guidance on the valuation process.

The City of Gosnells valuation brief sets out the City’s requirements in relation to the valuation of land for cash-in-lieu of public open space.