HOW CAN I FIND 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.
If you wish to lodge a request for planning advice regarding any specific planning matter, please complete the Information Request Form on the page linked below. Once received, the request will be processed at a fee of $73.00 – you can complete the relevant Planning Information Request Form online.
Planning Applications & Forms
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):
- 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 -
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- legal and practical vehicular access;
- wastewater disposal (unless habitation is not proposed and/or permitted);
- stormwater management; and
- structural integrity of building.
- 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.
- 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
HOW 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.
You can 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. The relevant DMIRS contact details are available below.
www.dmp.wa.gov.au www.dmirs.wa.gov.au
DMIRS Head Office (East Perth):
- Mineral Titles, Tenements, Miner's rights, Tengraph, Prospecting and Fossicking, Maps.
- Mineral House, 100 Plain Street, East Perth, WA, 6892.
- (08) 9222 3626
DMIRS South West Regional Office (Bunbury):
- 8th Floor, 61 Victoria Street, Bunbury, WA, 6230
- (08) 9722 2888
Alternatively, information relating to the area and details of Tenement applications can be viewed via the DMIRS GeoVIEW Database.
Information around Live and Pending Mining Tenement applications are made available on the DMIRS’ TENGRAPH web service, which is database that provides information related to mining tenements in WA. For any further information, questions, or clarifications regarding the information within the TENGRAPH database, you will need to contact DMIRS directly.
In addition, the Mineral Titles Online (MTO) provides further details of mineral exploration and mining tenements.
CURRENT TENEMENTS WITHIN THE SHIRE
To view a current list of mining tenements relevant to the Shire, you will need to access the DMIRS database – TENGRAPH.
The TENGRAPH database provides information related to mining tenements in Western Australia, and specifically the two key stages of application outlined below:
- Applied for Pending - Public (hatched blue on the mapping)
- Live Tenement (hatched green on the mapping)
Stuck on accessing the information? Here's a guide for your convenience:
A Guide to Accessing Tengraph Tenement Information
For any further information, questions, or clarifications regarding the information within the TENGRAPH database, you will need to contact DMIRS directly.
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?
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.
Planning Documents & Forms
Please note that incomplete applications will not be accepted for processing.
HOW LONG DOES A DEVELOPMENT (PLANNING) APPLICATION PROCESS TAKE?
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.
WHERE CAN I GET AN APPLICATION FORM?
You can get started online at any time - alternatively, you can get a hard copy of the form from the Shire Administration Office (1 Bentley Street, Donnybrook)
Planning Documents & Forms
HOW DO I FIND OUT MORE INFORMATION ABOUT PLANNING AT THE SHIRE?
Please complete a Planning Information Request Form if you would want to receive any further planning information. Please be aware that if you wish to lodge this request for information, a fee of $73.00 will be charged.
Planning Documents & Forms
Planning Fees & Charges (2023-2024)