Planning Applications

Short Term Rental Accommodation

Applying for Short Stay Accommodation - Customer Checklist

In accordance with Shire of Esperance Local Planning Scheme No. 24, Development Approval is required prior to commencement of use for all Short Term Accommodation.

A Change of Use application fee of $295.00 applies (triple for an unauthorised land use).

Short Term Accommodation can be defined in one of three ways - a Holiday Home, a Bed & Breakfast or Alternative Short Term Accommodation.

A Holiday Home:

• all of a dwelling is to be offered for short term rental; and
• there is no provision of food; and
• there will not be a Property Manager or owner onsite.

A Bed and Breakfast:

• only part of the property is to be rented; and
• there is provision of food; and
• there will be a manager or owner onsite.

Alternative Short Term Accommodation:

• only part of the property is to be rented; and
• there no provision of food; and
• there will be a manager or owner onsite.

For a Holiday Home application you will need to provide the following:

A completed Application for Development Approval form which includes:

• An electrical safety certificate demonstrating compliance with the provisions of the Building Code of Australia;
• A floor plan of the dwelling showing placement of smoke alarms. Please note smoke alarms must be placed in all bedrooms as well as any hallway leading to a bedroom;
• Suppose you are in a bush fire prone area, as designated by the Department of Fire and Emergency Services. In that case, you must provide a Bushfire Attack Level (BAL) Assessment undertaken by a qualified BAL Assessor. Please note that areas that are classified as BAL40 or BALFZ will not be approved as a short-term accommodation providers;
• Details of any signage (maximum of 0.2 square metres) proposed to be erected as part of the application, as found on the back of the Application for Development Form;
• A completed Property Management Plan;
• Non-objections from all surrounding land owners where you share a wall or boundary or from the Strata Management committee or body as applicable (if Shire officers need to contact the adjoining landowners, a $170 advertising fee may be triggered);
• A Fire and Emergency Response Plan (a floor plan of the dwelling showing evacuation routes, location of fire extinguishers and fire blankets, and the location of any first aid kits); and
• Details of the proposed maximum number of guests.

For a Bed and Breakfast or Alternative Short Term Accommodation, you will need to provide the following:

A completed Application for Development Approval form, which includes:

• An electrical safety certificate demonstrating compliance with the provisions of the Building Code of Australia
• A floor plan of the dwelling showing the placement of smoke alarms. Please note smoke alarms must be placed in all bedrooms as well as any hallway leading to a bedroom;
• Suppose you are in a bushfire prone area as designated by the Department of Fire and Emergency Services. In that case, you must provide a Bushfire Attack Level (BAL) Assessment undertaken by a qualified BAL Assessor. Please note that areas that are classified as BAL40 or BALFZ will not be approved as a short-term accommodation providers;
• Details of any signage (maximum of 0.2 square metres) proposed to be erected as part of the application, as found on the back of the Application for Development Form;
• A detailed floor plan of the dwelling showing the areas to be rented out;
• A cover letter detailing the proposed land use;
• A site plan of the property showing the location of three car parking bays (two for the use of land as a dwelling, plus one for guests).
• Additional requirements for Bed and Breakfast applications where food is supplied are subject to confirmation from our Health Officers.

The following additional requirements may also apply depending on the specific nature and location of the proposed accommodation:

• A Building Permit and/or Occupancy Permit
• A Certificate of Building Compliance issued by a Registered Private Building Surveyor as evidence that the dwelling in question complies with the applicable technical aspects of construction under the current Building Code of Australia and associated  Australian Standards.
• Laundry facilities must be provided to all guests. Applicants may need to install a second washing machine and/or wash trough.
• Where a Swimming Pool or Spa is present, it will need to comply with all current safety, building and health standards.

Aquatic Facilities at temporary, short stay or holiday accommodation

Due to policy changes by the Department of Planning, Lands and Heritage (Western Australian Planning Commission), a change of use application (including application fee) must be submitted to convert a Holiday House back to a Single Dwelling unless approval was originally granted for multiple land uses on a property (e.g., allowing the use of a property for both a Single Dwelling and a Holiday Home).

Both Development Approval and any applicable Building or Health Permits must be obtained prior to commencement of use. If use commences before all applicable approvals are granted by the Shire of Esperance, penalty rates will apply.

Holiday House Review 2022

The Shire of Esperance recently consulted with stakeholders and the wider community on regulations regarding short stays or holiday houses within the Esperance region.

With over 230 submissions, the Consultation Outcomes Report found mixed levels of support for increased regulation of Holiday Houses in Esperance. Among other findings, the most substantial level of support was for more robust sector governance, which was broadly supported across all stakeholder groups.

The Council has requested that the CEO prepare a report noting how each option would be managed, what resources would be needed, and other implications. This report will be presented to the Council by the end of 2022.

Holiday Houses - Consultation Outcomes Report.

Subdivision Applications

The Western Australian Planning Commission (WAPC) is the State Government authority with the ultimate control over the processing and determination of subdivision within WA. All subdivision applications within the Shire of Esperance local government area are referred to the Shire for comment only, while the Planning Commission makes the Final Determination in each instance.

For general advice or assistance, please contact Planning Services at (08) 9071 0676, email shire@esperance.wa.gov.au, or visit the Shire Administration Centre on Windich Street.

Flinders Residential Estate - Stage 4 

Flinders Estate is a major coastal residential development in Bandy Creek, Esperance bounded by Ormonde Street, Goldfields Road, Daw Drive, and the Bandy Creek Boat Harbour.

Flinders Estate - Special Control Area (SCA 2A and SCA 2B)

A Special Control Area (SCA) means extra planning rules apply on top of the normal zoning rules. These controls are to manage important issues such as environmental protection, residential character, bushfire risk, noise, or water quality. They also determine development design requirements like setbacks, building heights, materials, fencing or landscaping rules.

Definitions of SCAs for Esperance can be found in the Shire’s Local Planning Scheme No 24.

SCA 2A

In this area of Flinders Estate properties must follow the R12.5 density code. Residential Design Codes (R-Codes) specify average and minimum lot sizes per dwelling.

What does R12.5 mean?

R12.5 is strictly low‑density, single‑house development:

• Average lot area of 800m² per dwelling and minimum of 700m²
• One house per lot
• You can’t create a lot smaller than 700m²
• You can’t subdivide below these sizes
• Limits development of grouped dwellings, multiple dwellings, duplex etc.

SCA 2B

The density (R-Codes) of properties in this area varies to allow a mix of residential densities but the design requirements still apply to keep the area cohesive. It removes old restrictive covenants and sets requirements for setbacks, height, fencing and materials while still prohibiting transportable, repurposed, and second‑hand dwellings.

• Setbacks
  • R20 or lower – 5m front setback
  • R20 or higher – as per R-Codes.
• Balconies are permitted in accordance with the R-Codes.
• Find the R-Codes table on p45 of the Residential Design Codes Volume 1.

Development requirements for the entire Flinders Estate

• No further subdivision or amalgamation will be supported where it would lead to increased density.
• Holiday houses and serviced apartments are not permitted.

Setbacks:

• Lots designated R20 or less code is to have a setback a minimum of 5m from the primary street boundary. Secondary street boundaries being set back in accordance with the Residential Design Codes.
• On lots designated with a density greater than R20 all buildings shall be set back from the street boundary in accordance with the Residential Design Codes.
• Residential R40 setbacks apply to the cottage lots (4 metre front setback, 1 metre secondary street setback, side and rear setbacks determined based on wall dimensions) including variation criteria.
• Garages, carports, sheds, balconies, verandas etc are not to extend into street setback area.

Building form and height:

• Wall-to-wall building designs are strongly encouraged.
• Two storey houses are encouraged.
• Eaves – a requirement for SCA 2A, encouraged for SCA 2B.
• Maximum building height = 8m.
• Balconies and raised outdoor living areas must be designed and constructed to protect privacy of adjoining properties.
• For R40 lots, you can usually build boundary walls up to 3.5 metres high, along two‑thirds of the length of the side boundary behind the front setback, and you can do this on up to two boundaries.

If you want a longer or higher boundary wall, you can still apply for approval with a development application subject to planning assessment and neighbour consent.

Click here to find out more about R-Codes: R-Codes Volume 1 2024 Mar2024.

• Privacy screening is strongly encouraged for elevated windows.
• A minimum plot ratio of 0.6 applies. This means the total floor area can be up to 60% of the lot size — for example, on a 100 m² lot, you could build up to 60 m² of floor space.

Construction standards:

• Second hand or repurposed or transportable buildings are not permitted.
• ‘Tiny houses on wheels’ are not permitted.
• Stormwater can be directed onto the street, though we encourage you to retain part or all stormwater onto the site if possible.
• Where a property has a side or rear boundary facing Lacy Way or Adkins Street, vehicle access will be via Lacy Way or Adkins Street. Any garage or carport must face Lacy Way or Adkins Street.

Fencing:

• Front fencing – (between building and street) to be no higher that 750mm unless 60% visually permeable
• Side and rear fencing – behind the building to be 1.8m high
• Fibre cement and reflective materials not permitted.

Permits required

Permits must be obtained prior to commencing any works on the property.

Development approval is required for all works. Find the application forms on the Shire website: Planning Applications » Shire of Esperance.

Building permits are also required for construction works. Find building applications on the Shire website: Building & Demolition Applications » Shire of Esperance

Further resources

Find R-Codes for Flinders Estate on our website: Structure Plans » Shire of Esperance  

Find the R-Codes table on p45 of the Residential Design Codes Volume 1.

The Explanatory Guidelines should be read in conjunction with Residential Design Codes Volume 1.

Read Flinders Estate FAQs on our website. If your question isn’t answered, submit it to planning@esperance.wa.gov.au

Development Assessment Panels

Development Assessment Panels (DAPs) deal with planning applications that exceed $2 million in estimated costs, where an applicant opts in. It should be noted that the Shire of Esperance can deal with all of these applications.

Though the Shire of Esperance receives and assesses DAP applications for proposals within Esperance, the members of the Regional  Joint Development Assessment Panel (JDAP), not the Esperance Council, make the final decision on approval or refusal. Council (or a delegated City officer) makes a recommendation to the DAPs, but the DAPs do not have to adhere to the recommendation.

The Regional JDAP comprises five panel members, three specialist planning members and two local government councillors. For more information about DAPs, please visit the Western Australian Planning Commission website.

DAP Assessment applies to the following Development Applications:

1. Where the estimated development cost is $2 million or more, an applicant can choose to "opt in" or not.
2. Development valued at $5 million or more may opt-in to the new Part 11b Significant Development Pathway.

Regional Joint Development Assessment Panel Minutes

RJDAP/9 – 17 July 2020

RJDAP/16 - 2 December 2020