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Planning Applications

Planning Services staff assess all development against the Local Planning Scheme, the Local Planning Strategy and various other State and Local Government planning frameworks, most commonly including the Residential Design Codes of Western Australia.

Planning Services staff provide advice to the public, ratepayers, builders and developers on development provisions within the Shire including how to submit planning applications and the planning process.

Planning application forms are available from the Development Services Counter of the Shire Administration Building or can be downloaded from the link below:

Application for Development Approval Form  

Applications can take up to 60 days when advertising is not required, or 90 days when advertising is required (such as Adjoining Landowner Notifications). More time may be required if requests for further information are made so being as thorough as possible at the application stage is advised.

Statutory fees are required to accompany all applications for planning approval. Where fees are not paid at the time of lodgement the application will be deemed incomplete and may be returned at the discretion of officers.

Fees payable are determined by a number of factors, most commonly including the type of application, value and type of construction and statutory advertising requirements as applicable. To ascertain the relevant fees due for an application please contact Development Services with your exact contract cost and details on (08) 9071 0676, by email shire@esperance.wa.gov.au or call in to the Shire Administration Centre on Windich Street.

Short Term Accommodation

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)

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;
  • If you are in a bushfire prone area as designated by the Department of Fire and Emergency Services, you will need to 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 provider;
  • 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 placement of smoke alarms. Please note smoke alarms must be placed in all bedrooms as well as any hallway leading to a bedroom;
  • If you are in a bushfire prone area as designated by the Department of Fire and Emergency Services, you will need to 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 provider;
  • 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).
  • For Bed and Breakfast applications where food is supplied, additional requirements apply 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.
  • If the dwelling you are seeking to rent out contains more than three bedrooms, disabled accessible facilities will need to be provided in accordance with the Building Code of Australia.  Alternatively, you may designate one or more of the bedrooms to be locked for storage or designated for something other than sleeping (i.e. no beds or sleeping options are to be located inside the room in question).
  • Laundry facilities must be provided to all guests. In some cases this may require applicants 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.

 

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 revert a Holiday House back to a Single Dwelling unless approval was original 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 are to be obtained prior to commencement of use. Should use commence prior to all applicable approvals being granted by the Shire of Esperance, penalty rates will apply.

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 final determination is made by the Planning Commission in each instance.

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

Development Assessment Panels

A Development Assessment Panel (DAP) is an independent town planning body that is responsible for determining certain types of development applications, as if they were the local council. 

A key component of planning reform in Western Australia, Development Assessment Panels (DAPs) are intended to enhance planning expertise in decision making by improving the balance between technical advice and local knowledge.

Each DAP consists of five panel members, three being specialist members and two local government councillors.

DAP determines development applications that meet set type and value thresholds as if it were the responsible authority under the relevant planning instrument, such as the local planning scheme.  The DAP regulations state that DAP applications cannot be determined by local government or the Western Australia Planning Commission (WAPC).

The role of DAP members is to determine development applications within a certain type and value threshold through consistent, accountable, and processional decision-making.

DAP Assessment applies to the following Development Applications:

a) Where estimated development cost is $10 million or more (mandatory); or

b) Where estimated development cost is $2 million and less than $10 million - (optional)  - applicant can choose to "opt-in" or not to.

Further information (including specific exemptions) can be found on the Department of Planning, Lands and Heritage website at:

www.planning.wa.gov.au
 

Regional Joint Development Assessment Panel Agendas

RJDAP/16 - 2 December 2020

Date: 2 December 2020

Time: 9:30am

Venue: via Zoom

Regional Joint Development Assessment Panel Minutes

RJDAP/9 – 17 July 2020

For additional information or assistance, contact Planning Services on (08) 9071 0676 or call in to the Shire Administration Building on Windich Street.