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.

Under the Planning Regulations Amendment Regulations 2020, there is an opportunity to apply to the City for a Deemed-to-Comply planning assessment against the R-Codes under Clause 61A of the Regulations for Single Houses, Alterations to Single Houses and Additions to Single Houses only. The Clause 61A Deemed-to-Compy Assessment fee is $295 per assessment. A copy of the application form can be found on the planning forms and fees page. 

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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