Do I Need Planning Approval?

When is development approval required?

A person must not commence or carry out any works on or use land in the City unless development approval has been obtained, or the development is exempt under Schedule 2, clause 61 of the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations).

Development comprises both works and use of land, a summary of exemptions include:

  • Works or use wholly within a regional reserve
  • Internal building work
  • Erection or extension of a compliant single house
  • Erection or extension of a compliant ancillary dwelling, outbuilding, boundary wall, patio, garage, carport on the same lot as a single house or grouped dwelling
  • Demolition of a single house, ancillary dwelling, outbuilding, boundary wall, patio, garage or carport
  • Temporary works or use in existence for less than 48 hours
  • Installation of a sign compliant with the City's Signage Policy
  • A permitted use without any works component and some D uses where certain conditions are met under the Planning Regulations Amendment Regulations 2020.
  • A home office.

The above list is a simplified guide only, and certain circumstances may result in the above items still requiring development approval. Examples include development located in a bushfire prone area, special control area, or heritage listed place. Please refer directly to the Regulations for the full list of exemptions and any associated conditions and/or qualifying requirements.

In addition to the above exemptions, the City also has a Temporary Uses and Minor Works Policy, which provides further exemptions specific to the City of Bayswater.

Please note, that even where a development may be exempt from the requirement for development approvals, other approvals may still be required - such as a building permit, occupancy permit, or food business approval.

Pre-Lodgement Planning Advice

If you are looking for planning advice, basic information can be obtained by contacting the City's Development Approvals on (08) 9272 0622 or in person at the Civic Centre.

If advice is needed in relation to a current development application, it is recommended to directly contact the assessing officer listed on the acknowledgement or approval letter associated with the application.

Written Planning Advice

If advice is needed on more complex planning matters or involving a review into the history of a property, the request is required to be made in writing to mail@bayswater.wa.gov.au and will incur a fee in accordance with the City's Schedule of Fees.

Only basic planning advice can be provided in response to a request for written planning advice and response will be limited to provision of technical advice and interpretation of applicable planning requirements under the City’s Town Planning Scheme 24, Local Planning Policies and the R-Codes.

The following queries cannot be responded to via a request for written planning advice:

  • Pre-lodgement assessment of proposed development plans.
  • Analysis of various options for the proposed development.
  • Detailed technical or specialist advice eg. arborist advice about a street tree. 

Pre-lodgement Assessment for Single Houses

Under Clause 61A of the Planning and Development (Local Planning Schemes) Regulations 2015, the City can carry out a pre-lodgement assessment of single houses and additions to single houses only against the deemed-to-comply requirements of the R-Codes to advise whether or not planning approval is required. The fee is $295 and the statutory timeframe to complete the assessment is 14 days. A copy of the application form can be found on the planning forms and fees page. 

If you wish to lodge a pre-lodgement assessment for a single house or additions to a single house, please complete the Clause 61A Deemed-to-Comply Check Application form and send your form along with the plans to mail@bayswater.com.au for lodgement. You will then be contacted for payment of the fee.

Major Development Proposals

If the proposed development is considered to be a major development (such as a JDAP application) then you may wish to contact the City’s Development Approvals on (08) 9272 0622 to discuss the proposal prior to lodgement. It is recommended that major development proposals are presented to the City’s Design Review Panel prior to lodgement of a development application.

Important R-Code Deemed-to-Comply Information

On 30 June 2021, the Western Australia Planning Commission (WAPC) resolved to approve modifications to the deemed-to-comply requirements of the State Planning Policy 7.3 – Residential Design Codes, Volume 1 (R-Codes) in accordance with Clause 7.3.2 of the R-Codes. The approved modifications allows Clauses 1a (scope) and clauses 1-5, 7 and 9 (requirements for trees on private property) of the City’s Trees on Private Land and Street Verges Planning Policy to override Clause 5.3.2 Landscaping deemed-to-comply C2.2 (i) of the R-Codes which relates to requirements for tree and minimum tree planting areas. The City’s Trees on Private Land and Street Verges Policy can be accessed here:

https://www.bayswater.wa.gov.au/online-services/forms-and-publications/policies/2020/trees-on-private-land-and-street-verges-policy

Therefore, if the proposed development does not demonstrate compliance with Clauses 1a (scope) and clauses 1-5, 7 and 9 (requirements for trees on private property) of the City’s Trees on Private Land and Street Verges Planning Policy then the development is not exempted from planning approval and you will need to submit a planning application or amend your proposal to achieve compliance with the relevant clauses of the City’s Tree Policy.

Checking the zoning and permitted uses of a property

The key factor in establishing the development potential and uses which may be permitted or considered is through the zoning of a property. The City's maps contain a range of useful information including the lot size, dimensions, zoning, whether a property is heritage listed, within a character protection area or special control area.

For the full range of maps available, access the City of Bayswater Maps home page. The first available map 'Bayswater Maps' contains all of the information listed above, obtained by searching for and selecting the desired property, and then scrolling through the information bar on the left side of the page.

Once the zoning of a property has been established, a variety of uses as defined in appendix 1 of the City of Bayswater Town Planning Scheme No 24 (Scheme) can then be cross referenced against the appropriate zoning table. The Scheme contains multiple zoning tables as follows:

  • Table 1 - The standard zoning table applicable to most properties within the City
  • Table 3 - The Maylands Activity Centre zoning table
  • Table 4 - The Morley Activity Centre zoning table.

All of the tables use the same legend:

'P' Permitted use, this use does not require development approval, however it is important to note that changes or requirements associated with the use (such as an increased car parking requirement) may result in the requirement to obtain development approval

'D' Discretionary use, this use may be considered, subject to obtaining development approval

'A' Discretionary use, this use may be considered, subject to an advertising period for public comment and obtaining development approval

'X' Use not permitted, this use may not be approved.

A number of properties, particularly those within a special control area (SCA) may have additional permitted, discretionary or not permitted uses in addition to the table above. If a property is located within a SCA, it is particularly important to review the requirements specific to that SCA. This information can be found in appendix 10 of the Scheme.

In some cases, land may be reserved and will not have a zoning. Land that is reserved will also have an associated purpose - such as a high school, hospital, and car parking. Any proposed development on a reserve is required to consider the purpose intended for the reserve.

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