Shire Administration Office

How can I find planning or zoning information?

The Shire of Donnybrook Balingup Local Planning Scheme No. 7 (LPS7) is the key document used to guide land use and development within the district.

It specifies the zoning for each property on the Scheme Maps. The Scheme Text provides the objectives for each zone, and outlines a range of development standards depending on the type and location of the development or land use.

The LPS7 Text is to be read with the Scheme Maps, State Planning Policies, and the applicable Local Planning Policies and Strategies.

PLANNING INFORMATION: VICTORIA PARADE, DONNYBROOK

The following information has been prepared following ongoing enquiries regarding the lots on Victoria Parade in Donnybrook (WA 6239) that are currently on the market.

The planning and development requirements for the lots abutting each side of the centrally located unconstructed portion of land (i.e. Lot 351), representing the northern extension of Victoria Parade, are relatively complex under the Shire of Donnybrook-Balingup Local Planning Scheme No. 7 (LPS7). 

The portion of ‘road’ which is referenced on the title provided as Victoria Parade, is freehold, privately owned land meaning that it is yet to be dedicated as ‘road reserve’. This land is identified as ‘no zone’ under LPS7 which is used to identify existing and/or future road reserves within the Shire and has no development opportunity, other than for its intended purpose (public road).  

LPS7 identifies the adjoining Residential lots as being within Special Control Area 8 (SCA8). SCA8 identifies areas that require comprehensive Structure Planning prior to subdivision and/or development. Each SCA8 is referenced in Schedule 11 and in this case, the subject area is within Structure Plan Area 7 (SPA7). Below is an extract of the subject area from the LPS7 Map identifying the SCA8/SPA7 areas.  

A full copy of the above map can be found at this link: 

View the Map (www.wa.gov.au)

SPA7 outlines that the land is intended for Residential R20 development and the following matters are to be addressed within a Structure Plan (in addition to other standard elements): 

1. All buildings, including a single dwelling and outbuildings, require the submission of an application for development approval. Prior to the occupation of a dwelling or other building, the following matters are to be met to the satisfaction of the local government -

• • legal and practical vehicular access;
  • wastewater disposal (unless habitation is not proposed and/or permitted);
  • stormwater management; and 
  • structural integrity of building. 

2. The applicant/landowner shall dedicate and construct a road reserve to ensure a public road is provided between the lot (development site) and a constructed public road, prior to the approval of a dwelling or other building. 
3. No more than one dwelling is permitted per lot.

A full copy of LPS7 can be found at this link: 

View the Scheme/LPS7 (www.wa.gov.au) 

Whilst the Shire acknowledges that the preparation of a Structure Plan is generally required prior to subdivision of land, in this case the lots legally exist as they are a legacy issue created without the apparent finalisation of the road access (dedication and construction).  

In any case, as per point 2 above, prior to approving a dwelling or building on the Residential lots the applicant/landowner is required to dedicate and construct a road reserve to ensure a public road is provided.  

In this regard, the Shire’s expectation would be that the dedication and construction of this land as per the requirements of LPS7 is completed prior to approving development on the lots. This is also consistent with clause 4.34 of LPS7 which outlines the requirement to demonstrate legal access which may include the applicants/landowners obligation to construct a road within an unconstructed road reserve.  

This advice has been consistently provided to the other landowners in this area however as the subject ‘road’ land is in private ownership it has largely been out of their control to address. If you would like to know more, please complete make a Planning Information Request submission.

View this information as a PDF

Where can I learn more about Mining Tenements?

Mining Tenement applications are administered under the Mining Act 1978 and the Mining Regulations 1981 by the Minister for Mines and Petroleum, Energy, Corrective Services and Industrial Relations, who is supported by the Department of Mines, Industry Regulation and Safety (DMIRS). Depending on the type of mining tenement applied for, in accordance with the requirements of Section 64A of the Mining Regulations 1981, the Shire may receive a notice of the application where the area is within the Shire boundary.

If you would like to view information about Mining Tenements, you can look at any of the following resources.

You can also be notified about mining tenements by joining the Shire’s Planning Mailing List – however, as mining tenement applications are administered and assessed by DMIRS, any questions, submissions or comments on the notices must be made directly to DMIRS. 

Sign up to receive Planning Notifications from the Shire

IS DEVELOPMENT APPROVAL THE SAME AS A BUILDING PERMIT?

No, Development (Planning) Approval and a Building Permit are two separate processes regulated under different legislation. Development Approval grants permission for a development or land use whereas a Building Permit relates to the structural integrity and construction of development. If Development Approval is required, this will need to occur before you apply for a Building Permit.

WHERE CAN I FIND THE PLANNING POLICIES?

Our Planning Policies are available online to view in our Documents & Publications.

View our Local Planning Policies

How do I apply for Development Approval? How long does the process take?

An application form with relevant documentation and information is to be submitted to the Shire for assessment. Below is a link to the Development Application Form that is available online, and an Application Checklist that also available that outlines the necessary information for submission. Alternatively, you can get a hard copy of the form from the Shire Administration Office (1 Bentley Street, Donnybrook). Please note that incomplete applications will not be accepted for processing.

Planning Documents & Forms

Depending on whether the proposal needs to be advertised or not, the Shire has 60 to 90 days to determine an Application for Development (Planning) Approval. This is consistent with the timeframes set by the State.