The development control function regulates 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.
It is not about stopping development or to make life difficult for developers or builders. Instead, its primary purpose is to ensure the orderly and rational development of land to create sustainable human settlements that accommodate a variety of land uses to meet the needs of the people who live in these settlements.
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 custodian of 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:
- Its land use capability and suitability
- Land use designation and permissibility;
- Likely impacts and compatibility with existing and surrounding land use/development;
- Conformity with state, regional, and local plans, strategies and policies etc.
- Its intended physical form, scale, and character of existing and proposed use/development
The use and development of land within the Shire of Corrigin is primarily regulated and controlled through the Shire of Corrigin Town Planning Scheme No 2 (TPS 2) which can be viewed at the Shire Office during business hours or through the State Planning Department website.
Portions of TPS 2 have been superseded by the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 – Deemed Provisions for Local Planning Schemes. The superseded portions are largely the administrative functions of the Schemes, including the form and content of applications, the Local Government’s process and authority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 (on a locality, neighbourhood, and site scale), and amendments to the Scheme. The Deemed Provisions are discussed State Law Publisher website and should be obtained from the State Law Publisher to ensure currency.
State Planning Policy
A number of State Planning Policies apply to use and development of land within the Shire of Corrigin regardless of the content of the Local Planning Schemes.
Applications for development approval should consider the policies which are managed by the Department of Planning:
State Planning Policies
The Residential Design Codes of Western Australia provide a comprehensive basis for the control of residential development throughout the State. They are used by the Shire when assessing and determining proposals for residential development. The R-Codes are available for viewing from the Department of Planning website.
The Shire must also consider the following State Policy:
||State Planning Framework Policy (Variation No 2)
||Environment and Natural Resources Policy
||Basic Raw Materials
|Land Use Planning in Rural Areas
||State Coastal Planning Policy
||Public Drinking Water Source Policy
||Urban Growth and Settlement
||Natural Hazards and Disasters
||Historic Heritage Conservation
||Development Contributions for Infrastructure
||State Industrial Buffer Policy
||Poultry Farms Policy
||Road and Rail Transport Noise and Freight Considerations in Land Use Planning
Applying for Development Approval in the Shire of Corrigin
Development Application Form, Checklist and Fees
TPS 2 controls all land use and development within the Shire of Corrigin. TPS 2 sets out a variety of zones, under which a variety of works and uses are permitted. Certain works and uses are prohibited in specific zones therefore you should always consult with the Shire before entering into agreements or commencing works or use to determine if a Development Approval is required
Development Approval must not be confused with a Building Permit. Development Approval is required to ensure that works carried out and the use of land is done in a manner that considers the amenity and function of the locality in accordance with approved plans and policies. A Building Permit generally relates to only the actual construction of a development, with the Shire’s consultant Building Surveyor able to further advise you on this process. If Development Approval is required, it must be obtained before a Building Permit can be issued (however, both applications may be submitted at the same time).
If you propose to use or develop land, it is wise to first discuss the proposal in detail with the Shire’s Chief Executive Officer (CEO). Early discussions (pre-consultation) will confirm whether a Development Approval is necessary and highlight likely requirements. Never assume that what you intend to do is so minor or inconsequential that you will not require a Development Approval, as a failure to obtain Approval can lead to delays and ultimately could result in refused building applications.
An application for Development Approval must include all necessary supporting information, such as plans, reports and photographs, so that the proposal is clearly described. Failure to submit required documentation (as set out on the Development Application Form 1), or any reasonable information requested by the Shire will result in delays for the response to the application. If advertising signage is proposed, form “Form 2 – Additional information for development approval for advertisements” is also required.
The Shire will require a fee to be paid when an application is made as set out in the annual Shire of Corrigin Fees and Charges Schedule. Planning fees are set by the State Government and offsets the running cost for the Shire.
Statutory Maximum Planning Related Fees and Charges
The new Planning and Development (Local Planning Schemes) Regulations 2015 took effect on 19 October 2015 and it has some very important changes to all WA Planning Schemes, including TPS 2. Caution is needed when reading planning schemes as every WA local planning scheme (including TPS2) has been amended.
Of importance is the introduction of 'Deemed Provisions'. These automatically form part of Scheme 2 and all local planning schemes in WA. The Deemed Provisions primarily relate to:
- Structure plan preparation, approval and amendments (including the Western Australian Planning Commission now being the sole determining authority for structure plans and activity centre plans).
- Decision-makers are now required to give due regard to an approved structure plan and will no longer be bound by them. This means that any land uses permitted in a structure plan approved prior to the new Regulations may not necessarily be permitted now.
- Heritage protection mechanisms, including designation of heritage areas, heritage conservation matters and the ability to vary local planning scheme provisions for heritage purposes.
- Development approval, exempt development, advertising standards and matters to be considered by local governments.
The new Regulations also set out standard procedures for making and amending local planning schemes. These procedures seek to streamline local scheme amendments by adopting a 'track-based' approach, with different timeframes allocated for basic, standard and complex amendments.
For more information, access the Department of Planning website.
If you would like to discuss how the new Regulations might affect your planning proposal in the Shire of Corrigin, feel free to contact the Shire’s CEO.
Under the Regulations – Schedule 2 and the Zoning Tables of each scheme, certain applications may require community consultation. Should this be required, the Shire will make the necessary advertising arrangements with you. Generally speaking a fee (cost) will be charged for advertisements in a local newspaper, and if any labour is used in the erection of a fixed on-site notification.
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 Application Form
Objecting to the Issue of a Development Approval
If you feel you might be affected by a particular development proposal which has been advertised online, onsite, or in the local paper, you should submit your concerns in writing to Council. Such submissions should clearly state the reasons for your concerns, and should be based on planning considerations (For example: traffic impacts, nuisance, noise, incompatible land uses, visual amenity and heritage). Submission periods last a minimum of 14 calendar days from the published or sent date, and may be extended at the determination of the CEO or Council. If advertised, the Local Government cannot make a decision on the application until the advertising period has closed.
Your submission will generally receive a direct response only when requested. If the Application is to be heard by Council, you can view the Agenda Papers on the Shire’s website. If the matter is considered under Delegation of Council, you are likely to receive notification of the outcome.
What if your Application is Refused?
If your application for Development Approval has been refused, or the decision contains conditions which you are not happy about, you may appeal to the State Administrative Tribunal (SAT). The Shire’s Planning Schemes do not provide for third party appeals. If you have made a written submission objecting to an application, and the Shire determines to approve the Development Application, you will not have any appeal rights. However, if you are an Applicant and you are dissatisfied with the decision of Council (including any conditions associated with the decision), rights of appeal are available to you under the Planning and Development Act 2005.
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 on 9219 3111 or 1300 306 017 or www.sat.justice.wa.gov.au
Development Assessment Panel (DAP) Information
A Development Assessment Panel (DAP) is an independent decision-making body comprised of technical experts and elected local government representatives. The purpose of the DAP is to determine applications for large scale developments, with an automatic trigger for developments which will cost over $7 Million and a voluntary trigger for developments costing over $3.5 Million. Under the Development Application Panel (DAP) regulations, each DAP will determine certain development applications as if they were the responsible authority.
For example, if a DAP application is submitted to the Shire of Corrigin, the application will be assessed against the Shire’s planning scheme and relevant planning policies as per any other application submitted to that authority. The Development Assessment Panel (DAP) regulations state that DAP applications cannot be determined by local government or the Western Australian Planning Commission (WAPC).
The DAP Process
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 Corrigin 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.
Forms and Information - Application to the DAP
Planning And Development (Local Planning Schemes) Amendment Regulations 2015 (LPS Amendment Regulations)
The initial four month transition period for the new bushfire planning provisions in the Planning and Development (Local Planning Schemes) Amendment Regulations 2015 (LPS Amendment Regulations) finished Friday 8 April 2016. All provisions within the regulations relating to bushfire will take effect today, Friday 8 April 2016.
The LPS Amendment Regulations were gazetted on 7 December 2015 and introduced deemed provisions in Part 10A relating to bushfire. 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. From Friday 8 April, 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 LPS Amendment Regulations 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 email@example.com.
Assistant Director General, Policy and Priority Initiatives
Department of Planning
8 April 2016