Town Planning Scheme Handbook

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Flowchart: Residential planning approval process for outbuildings

Flowchart: Local Rural planning approval process for outbuildings

Preamble

This Town Planning Scheme Handbook of the Shire of Woodanilling is an extract of the Shire of Woodanilling Town Planning Scheme No. 1 Scheme Text and the Scheme Maps, and is designed as a simplified guide for staff and ratepayers. The full Scheme Text and Maps should be referred to when considering any request for development.

Development of land

Requirement for approval to commence development
All development on land zoned and reserved under the Scheme requires the prior approval of the local government. A person must not commence or carry out any development without first having applied for and obtained the planning approval of the local government.

‘Development’ is relevantly defined as:

‘means the development or use of any land, including –

    1. any demolition, erection, construction, alteration of or addition to any building or structure on the land;
    2. the carrying out on the land of any excavation or other works;
    3. in the case of a place to which a Conservation Order made under section 59 of the Heritage of Western Australia Act 1990 applies, any act or thing that –
      1. is likely to change the character of that place or the external appearance of any building; or
      2. would constitute an irreversible alteration of the fabric of any building;’

Objectives of the Zones

Residential Zone

To provide for residential development at a range of densities with a variety of housing to meet the needs of different household types through the application of the Residential Planning Codes.

Commercial Zone

To provide for retail shopping, office and commercial development, and social, recreational and community activities servicing the town as a whole.

Industrial Zone

To provide for manufacturing industry, the storage and distribution of goods and associated uses, which by the nature of their operations should be separated from residential areas.

Regional Rural Zone

To provide for a range of rural pursuits such as broad acre and diversified farming which are compatible with the capability of the land and retain the rural character and amenity of the locality. Specific objectives are as follows:

  • To ensure the continuation of broad-acre farming as the principle land use in the District and encourage where appropriate the retention and expansion of agricultural activities;
  • To protect the potential of agricultural land for primary production and to preserve the landscape and character of the rural areas;
  • To consider other non-rural uses where they can be shown to be of benefit to the District and not detrimental to the natural resources or the environment;
  • To provide for a range of rural pursuits such as broad-acre and diversified farming which are compatible with the capability of the land and retain the rural amenity and character of the locality;
  • To provide for a range of commercial and light industrial land uses that are appropriately located and will not cause land conflicts or adverse impacts on the amenity and character of the zone;
  • To prevent the fragmentation of broad-acre farming properties through the process of subdivision;
  • To protect broad-acre agricultural land from land degradation and any further loss of biodiversity by:
    1. Minimising the clearing of remnant vegetation on public and private lands;
    2. Encouraging the retention and protection of existing remnant vegetation;
    3. Encouraging the development and protection of corridors of native vegetation;
    4. Encouraging the development of environmentally acceptable surface and sub-surface drainage;
    5. Encouraging the rehabilitation of salt affected land;
    6. Controlling the introduction and spread of alien species of flora and fauna;
    7. Encouraging soil conservation through the application of cultural vegetational land management measures.

Local Rural Zone

To provide for a mix of residential and business related uses in a rural setting which achieves a high standard of visual amenity, facilitates landscape protection and conservation and will not cause land use conflicts or adverse impacts on the amenity and character of the zone.

Zoning Table

The symbols used in the cross reference in the Zoning Table have the following meanings -
‘P’ means that the use is permitted by the Scheme providing the use complies with the relevant development standards and the requirements of the Scheme;
‘D’ means that the use is not permitted unless the local government has exercised its discretion by granting planning approval;
‘A’ means that the use is not permitted unless the local government has exercised its discretion by granting planning approval after giving special notice in accordance with clause 9.4;
‘X’ means a use that is not permitted by the Scheme.

Zoning Table Information.

Use Class

Zones

Residential

Commercial

Industrial

Special Use

Regional

Rural

Local

Rural

1

Aged & Dependent Persons Dwelling

P

A

X

 

A

A

2

Agriculture – Extensive

X

X

X

 

P

P

3

Agriculture - Intensive

X

X

X

 

D

D

4

Agro Forestry

X

X

X

 

P

A

5

Ancillary Accommodation

D

D

X

 

D

D

6

Animal Establishment

X

X

X

 

P

A

7

Animal Husbandry Intensive

X

X

X

 

D

X

8

Bed And Breakfast

A

X

X

 

D

D

9

Betting Agency

X

A

X

 

X

X

10

CaravanPark

X

A

X

 

A

D

11

Caretaker's Dwelling

X

X

D

 

X

X

12

Car Park

X

P

P

 

D

D

13

Cemeteries/Crematoria

X

X

X

 

A

X

14

Child Care Premises

A

D

X

 

X

A

15

Civic Use

A

A

A

 

A

A

16

Club Premises

X

A

X

 

A

A

17

Community Purpose

P

P

P

 

P

P

18

Consulting Room

A

P

X

 

A

A

19

Corrective Institution

X

X

X

 

X

X

20

Dog Kennels

X

X

X

 

A

X

21

Dry Cleaning Premises

X

P

P

 

X

X

22

Educational Establishment

A

A

A

 

A

A

23

Exhibition Centre

X

D

X

 

A

A

24

Family Day Care

A

D

X

 

D

A

25

Fast Food Outlet

X

D

X

 

X

X

26

Fuel Depot

X

X

A

 

X

X

27

Funeral Parlour

X

X

A

 

X

X

28

Home Business

A

D

X

 

D

A

29

Home Occupation

P

D

X

 

P

P

30

Home Office

P

D

X

 

P

P

31

Hotel

X

D

X

 

X

X

32

Industry – Mining

X

X

X

 

A

X

33

Industry Extractive

X

X

X

 

A

X

34

Industry General

X

X

A

 

X

X

35

Industry Hazardous

X

X

X

 

X

X

36

Industry Light

X

A

P

 

D

X

37

Industry Noxious

X

X

X

 

A

X

38

Industry Rural

X

X

A

 

D

A

39

Industry Service

X

D

P

 

A

X

40

Motel

X

A

X

 

X

X

41

Motor Vehicle Repair

X

X

A

 

X

X

42

Motor Vehicle Sales

X

A

X

 

X

X

43

Motor Vehicle Wrecking

X

X

X

 

A

X

44

Night Club

X

A

X

 

X

X

45

Office

A

A

X

 

A

A

46

Place Of Worship

A

A

X

 

A

A

47

Plantation

X

X

X

 

D

X

48

Public Amusement

X

A

X

 

A

X

49

Public Utility

P

P

P

 

P

P

50

Reception Centre

X

A

A

 

A

A

51

Recreation Private

X

D

X

 

D

A

52

Residential – Group Dwelling

D

D

X

 

D

D

53

Residential – Multiple Dwelling

X

X

X

 

X

X

54

Residential – Single House

P

A

X

 

P

D

55

Residential Building

A

A

X

 

A

A

56

Restaurant

A

A

X

 

A

A

57

Restricted Premises

X

X

X

 

X

X

58

Rural Home Business

X

X

X

 

D

A

59

Rural Pursuit

D

A

A

 

P

D

60

Service Station

X

A

A

 

X

X

61

Shop

X

P

X

 

X

X

62

Showroom

X

P

D

 

X

X

63

Sportsground

X

X

X

 

A

X

64

Tavern

X

D

X

 

X

X

65

Telecommunications Infrastructure

D

D

D

 

D

D

66

Tourist Accommodation

A

A

X

 

D

A

67

Transient Workforce Accommodation

X

A

X

 

D

X

68

Transport Depot

X

A

P

 

D

A

69

Veterinary Centre

X

A

A

 

D

A

70

Warehouse

X

D

D

 

A

X

71

Winery

X

A

A

 

D

A

72

Zoological Gardens

X

X

X

 

A

A

General Appearance of Buildings

No person shall without written approval of the council erect a building which by virtue of colour or type of materials, architectural style, height or bulk, ornamental or general appearance, has an exterior design which is out of harmony with existing buildings or the landscape character of the area.

Regional Rural ZoneLocal Rural Zone

In considering applications in the Local Rural Zone the local government shall have regard to the objectives for that zone as specified in Clause 4.2.

All development in the Local Rural Zone shall be conducted in a manner that preserves local amenity and the natural landscape and rural character of the zone by minimising the clearing of remnant vegetation and promoting revegetation measures.

No person shall on land classified as Local Rural Zone -

  1. Develop or establish or allow to develop the land for non-residential purposes unless a residence is first erected;
  2. Allow a house to be occupied by any person other than the owner or manager or an employee of the commercial of the commercial or industrial use;
  3. Establish or permit to establish more than one business or industry to operate from each lot;
  4. Develop or allow the development of a residence that precludes vehicle access to the rear of the lot with a minimum width of five (5) metres.

Applications for planning consent for development in the Local Rural Zone that have potential to cause land use conflicts or adverse impacts upon the visual amenity and character of the locality will not be approved by the local government unless it can be demonstrated to the satisfaction of the local government that such usage can be suitably managed so as to minimize any detrimental impacts.

In order to conserve the rural environment or features of natural beauty within the Local Rural zone all trees shall be retained unless their removal is authorised by the Local Government.

The approval of the Local Government is required for the clearing of indigenous trees or other substantial vegetation except for the clearing of vegetation which is:

  1. dead, diseased or dangerous;
  2. necessary for any firebreak required by law;
  3. for the purpose of access to an approved dwelling or outbuildings;
  4. within a defined building envelope and limited to that;
  5. necessary for the construction of a dwelling, outbuildings and an area of 20m width surrounding the dwelling for the purpose of bush fire protection.

Development on Lots Abutting Unconstructed Roads or with no Gazetted Road Access

Notwithstanding anything else appearing in the Scheme, planning approval is required for development of land abutting an unconstructed road or a lot which does not have frontage to a constructed road. In considering such an application the Council shall either:

  1. refuse the application until the road has been constructed or access by means of a constructed road is provided as the case may be; or
  2. grant the application subject to a condition requiring the applicant to pay a sum of money in or towards payment of the cost or estimated cost of construction of the road or part thereof and any other conditions it thinks fit to impose; or
  3. require such other arrangements are made for permanent access as shall be to the satisfaction of the Council

Permitted development

Except as otherwise provided in the Scheme, for the purposes of the Scheme the following development does not require the planning approval of local government -

  1. the carrying out of any building or work which affects only the interior of a building and which does not materially affect the external appearance of the building except where the building is -
    1. located in a place that has been entered in the Register of Heritage Places under the Heritage of Western Australia Act 1990;
    2. the subject of an order under Part 6 of the Heritage of Western Australia Act 1990; or
    3. included on the Heritage List under clause 7.1 of the Scheme;
  2. the erection on a lot of a single house including any extension, ancillary outbuildings and swimming pools, except where -
    1. the proposal requires the exercise of a discretion by the local government under the Scheme to vary the provisions of the Residential Planning Codes; or
    2. the development will be located in a heritage area designated under the Scheme;
    3. is a dwelling which exceeds 8 metres in height;
    4. is an ancillary out building which exceeds an area of 72sqm and/or exceeds 4 metres in height.
    5. is a single house on a lot with unconstructed road access or no gazetted road access.
  3. the demolition of any building or structure except where the building or structure is -
    1. located in a place that has been entered in the Register of Places under the Heritage of Western Australia Act 1990;
    2. the subject of an order under Part 6 of the Heritage of Western Australia Act 1990;
    3. included on the Heritage List under clause 7.1 of the Scheme; or
    4. located within a heritage area designated under the Scheme;
  4. a home office;
  5. any works which are temporary and in existence for less than 48 hours or such longer time as the local government agrees; and
  6. any of the exempted classes of advertisements listed in Schedule 5 of the Scheme except in respect of a place included in the Heritage List or in a heritage area.