The intention of development control is to regulate land use and development to ensure that all land use and development takes place at an appropriate time and place and in a form and manner that conforms to a pre-determined set of policies or standards.
Development control is a statutory function whereby proponents generally submit applications of their proposal for determination by the approval authority. It is a legal obligation of the registered proprietor or owner of the land the subject of a land use/development approval to ensure that the approved use/development occurs in the manner and limits prescribed.
In determining whether to grant land use/development approval, an application is assessed and evaluated in regards to:
Sections of the Shire’s Local Planning Scheme No.1 have been superseded by the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 – Deemed Provisions for Local Planning Schemes. The superseded sections are largely the administrative functions of the Schemes, including the form and content of applications, the Local Government’s process and authority for making decisions, and matters relating to heritage, development planning, and amendments to the Scheme. The Deemed Provisions can be viewed from the State Law Publisher website.
APPLYING FOR DEVELOPMENT APPROVAL
A development approval is a legal document that gives permission for a use or development on a particular piece of land. To obtain a development approval, an application must be made to the Shire of Kondinin.
Development approvals ensure that development within the Shire of Kondinin complies with the Shire’s Local Planning Scheme No.1, the Residential Design Codes WA and other relevant legislation and policies. The Shire’s Town Planning Scheme No.1 controls all land use and development within the Shire of Kondinin and it sets out the different zones under which a variety of works and uses are permitted. Certain works and uses are prohibited in specific zones and therefore you should always consult the Shire before entering into agreements or commencing works or use to determine if development approval is required.
Applicants can discuss their planning proposals and preliminary plans with the Shire’s Manager Planning and Development, Tory Young in person, phone on (08) 9889 1006 or email on firstname.lastname@example.org to find out more about the planning process and to determine what is required before submitting an application.
Development approval is required for most building works and/or when changing the use of a site, unless exempt under Schedule 2, Part 7 Clause 61 of the Planning and Development (Local Planning Schemes) Regulations 2015. The relevant section of the Regulations can be viewed on the State Law Publisher or made available through contacting the Shire’s Manager Planning and Development.
Development Approval is not to be confused with a Building Permit. Development Approval is required to ensure that works carried out and the use of the land is conducted in a manner that considers the amenity and function of the locality in accordance with approved plans and policies. A Building Permit however generally relates to only the actual construction of a development. If Development Approval is required, it must be obtained before a Building Permit can be issued. For more information on Building Permits it is recommended to contact the Shire’s Building Surveyor, Hayley Fegan on 0438 740 678 or email@example.com
SUBMITTING A DEVELOPMENT APPLICATION
An application for Development Approval must include all necessary information as set out in the Development Application Form 1. If advertising is proposed a Form 1 – Additional Information for Development Approval for Advertisements is also required.
The forms can be downloaded from the links below:
ADDITIONAL INFORMATION FOR DEVELOPMENT APPROVAL FOR ADVERTISEMENTS - FORM 2
The Shire will also require a fee to be paid when an application is made as set out in the annual Shire of Kondinin Fees and Charges Schedule. Planning fees are set by the State Government and offsets the running cost for the Shire. A copy of the current fees and charges can be downloaded below:
Town Planning Fees and Charges 2017 – 2018
DETERMINING A DEVELOPMENT APPLICATION
Prior to determining a development application, under the by the Planning and Development (Local Planning Schemes) Regulations 2015 – Schedule 2 and the Zoning Table of the Shire’s Town Planning Scheme No.1, certain applications may require community consultation. Should this be required, the Shire will make the necessary advertising arrangements with you.
Development applications can be determined by the Shire’s Manager Planning and Development under delegated authority, by Council decision or by referral to the relevant state authority. At the Shire of Kondinin the majority of development applications are assessed by the Shire’s Manager Planning and Development and determined by the Council at the monthly Council Meeting.
If Development Approval is granted, it is usually subject to a range of conditions, which must be met before the Building Permit can be issued, prior to the occupation of the completed development or before commencement of use.
Development Assessment Panels
Development Assessment Panels (DAPs) came into effect on 1 July 2011 under the Planning and Development (Development assessment panel) Regulations 2011. The Shire of Kondinin is serviced by the Mid-West Wheatbelt Joint Development Assessment Panel. The JDAP consists of five panel members, three being specialist members and two local government Councillors.
A DAP is an independent decision-making body which determines certain development applications in the place of the original decision maker, being the local government authority and/or the Western Australian Planning Commission. The purpose of the DAP is to determine large scale developments, with an automatic trigger for developments over $7 million and a voluntary trigger for developments over $3.5 million.
DAP Applications must be assessed following the standard local government’s process as per the local planning scheme. This includes: – Public advertising if required – Consultation with internal departments and external referral agencies. The Shire of Kondinin must then prepare a Responsible Authority Report which includes a recommendation to the Wheatbelt Joint Development Assessment Panel (JDAP). Applications are determined by the Wheatbelt JDAP at a special meeting of its members.
If you are aggrieved by a decision on an application for development approval, you have a right of appeal to the State Administrative Tribunal (SAT). Any such ‘application’ to the SAT must be lodged within 28 days of the date of the Council or Local Government decision to the State Administrative Tribunal. More information on the SAT process can be found on the SAT website - www.sat.justice.wa.gov.au
Please note that appeals can only be lodged by an applicant or his/her representative. There are no 'third party' (e.g. neighbours) appeal rights.
BUSH FIRE PLANNING PROVISIONS
The State Government has recently introduced new provisions relating to bush fire planning which has ramifications for a lot of development within the Shire of Kondinin. The provisions reference the designation of bush fire prone areas identified on the Map of Bush Fire Prone Areas and outline the circumstances in which a Bushfire Attack Level (BAL) assessment is required. Prior to commencement of development, all single houses or ancillary dwelling on a lot or lots 1,100m2 or more and all other habitable or specified buildings in a designated ‘bush fire prone area’ will require a BAL assessment. Development approval may also be required depending on the outcome of the BAL assessment.
The official version of the Planning and Development (Local Planning Schemes) Amendment Regulations 2015 which details these new provisions can be viewed in the Government Gazette via the State Law Publisher website. Planning Bulletin 111/2015 Planning for bushfire provides guidance in relation to the application of the LPS Amendment Regulations and State Planning Policy 3.7 Planning in Bushfire Prone Areas.
These planning documents, together with the Guidelines for Planning in Bushfire Prone Areas, have been published as part of the State Government’s coordinated bushfire reforms and can be accessed at www.planning.wa.gov.au/bushfire.
For further information please contact the Bushfire Team at the Department of Planning at firstname.lastname@example.org or contact the Shire’s Manager Planning and Development, Tory Young on email@example.com or (08) 9889 1006.
The key documents used in determining a development application are as follows:
The Shire’s Town Planning Scheme No.1
For more information please contact us.