The Town Planning team of the Shire is responsible for the detailed assessment and determination of development applications, activities on the Local Government Property permits, Liquor Licence (Section 40) applications, together with forward planning and administration of the Local Planning Scheme and strategic projects.

The Shire also provides referral responses to the Western Australian Planning Commission (and/or Minister of Planning) in relation to proposed Subdivisions, Structure Plans, Scheme Amendments.

The Shire's Planning team provides assistance to customers in relation to general planning inquiries. You may call, write or make an appointment and visit us in person to discuss your planning needs.  To assist us in responding to your inquiry, please ensure you provide the following information:

  • your name and contact details (phone number and email address)
  • the nature of your inquiry; and
  • the address of the property your inquiry relates to.

Planning and Development Information sheets

Please click here

Local Planning Scheme No. 4

The Minister for Planning has approved the Shire of Exmouth Local Planning Scheme No.4 (‘the Scheme’) in accordance with Section 87(2) (a) of the Planning and Development Act 2005 (‘the Act’).

Pursuant to Section 87(4B) of the Act, and regulation 64 of the Planning and Development (Local Planning Schemes) Regulations 2015, notice is hereby given that ‘the Scheme’ has been published in the Government Gazette 12/03/2019 at which time has become the operational Scheme.

A full copy of the Scheme is available via the link below and a hard copy is available in the Shire Administration office.

Scheme Amendments

Planning and Development Act 2005

LOCAL PLANNING SCHEME AMENDMENT 10 AVAILABLE FOR INSPECTION STANDARD/AMENDMENT

Notice is hereby given that the Shire of Exmouth has prepared the above mentioned planning scheme amendment for the purpose of improving the operation of Local Planning Scheme No.4 (LPS4) by making a number of minor textual changes which do not alter the intent of the LPS4. The aim of the amendment is to improve consistency, clarity and ease of application of LPS4.

The key recommended changes are summarized below:

  • Update the aims of the LPS4 to facilitate public art within the built environment;
  • Insert the land use ‘Residential Aged Care’ into the zoning table;
  • Provide clarity on the location of ancillary dwellings within lots and their connection to infrastructure services;
  • Provide clarity on the location of parking bays associated with Bed and Breakfast businesses; 
  • Provide clarity and consistency in the terms of reference used, as well as the application of, provisions across the Special Use 6 (Marina) zone;
  • Insert additional figures relating to the Special Use 6 zone to provide clarity in the application of the relevant provisions; and
  • Update Scheme Maps where minor changes have occurred and are required.

Please find below the details of the application:  

Amendment 10 (First Omnibus Amendment) Report

A hardcopy of the plans and document are available for inspection at the Shire’s office, Ningaloo Centre, 2 Truscott Crescent.

Submissions on the planning scheme amendment may be lodged in writing and should include the amendment number, the name and address of the person making the submission, the property affected, and details of the submission and lodged with the undersigned on or before Thursday, 13 October 2022.

Submissions can be:

  • e-mailed to info@exmouth.wa.gov.au
  • posted to Shire of Exmouth, PO Box 21, Exmouth WA 6707
  • lodged in person at the Shire administration office, Ningaloo Centre, 2 Truscott Crescent.

 If you have any questions on how to make a submission, please contact the Shire of Exmouth on (08) 9949 3000.

The above is published on 31/08/2022

Planning and Development Act 2005

LOCAL PLANNING SCHEME AMENDMENT 3 AVAILABLE FOR INSPECTION COMPLEX/AMENDMENT

Notice is hereby given that the Shire of Exmouth has prepared the above mentioned planning scheme amendment for the purpose of:

  1. Rezone Lot 1 on Deposited Plan 47770 Kailis Road, Learmonth, Lot 101 on Deposited Plan 180602, Lot 112 on Deposited Plan 182633 Minilya-Exmouth Road, Learmonth, and Lot 220 on Deposited Plan 192031 from 'General Industry' Zone to 'Special Use' Zone to facilitate tourism and related uses and referred to as SU10;
  2. Delete Additional Use A4 from Schedule 2, Clause 3.4, of the Scheme;
  3. Amend the Scheme Maps accordingly; and
  4. Include the following provisions within Schedule 4, Clause 3.6 of the Scheme:

No.

Description of Land

Special Use

Conditions

SU10

Lot 1 Kailis Road and Lots 101, 112 and 220 Minilya-Exmouth Road, Learmonth

As a ‘P’ use:

-   Camping Ground;

-   Caravan Park;

-   Holiday Accommodation;

-Warehouse/Storage.

 

As a ‘D’ use:

-   Car Park;

-   Exhibition Centre;

-   Marine Filling Station;

-   Reception Centre;

-   Recreation – Private;

-   Restaurant/Café;

-   Service Station;

-   Small Bar;

-   Tavern;

-   Tourist Development.

 

As an ‘I’ use:

-   Caretaker’s Dwelling;

-   Convenience Store;

-   Industry – Primary Production;

-   Shop;

-   Staff Accommodation

1.  The objectives of Special Use Zone 10 are to:

     a) Provide for high quality tourist experience and accommodation.

     b) Ensure development results in sustainable foreshore management and coastal hazard mitigation.

     c) Control the location, form, character and density of development to complement the natural features of the locality.

     d) Ensure adequate coordination of development across the separate land parcels.

2.  All development will require development approval.

3.  All development will be in accordance with an approved precinct structure plan prepared in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2 deemed provisions for local planning schemes, Part 4 Structure Plans.

The Structure Plan shall include and address:

  • Flora and fauna including subterranean fauna;
  • Land use and/or identification of precincts;
  • Appropriate land use separation distances;
  • Coastal Hazards and Risk Management;
  • Foreshore Management;
  • Servicing including power, water and wastewater management strategy, vehicular access and egress;
  • Pedestrian movement;
  • Landscaping;
  • Fencing;
  • Bushfire Management Plan;
  • Acoustic management measures to address State Planning Policy 5.4 – Road and Rail Noise;
  • Visual landscape assessment in accordance with the Western Australian Planning Commission’s Visual Landscape Planning in Western Australia Manual;
  • Coordination of land use planning across multiple titles; and
  • Such other information as may be required by the local government, State government agencies or Western Australian Planning Commission.

4. The local government may require the preparation of the following to accompany a development application:

  • Drainage Management Plan;
  • Coastal Foreshore Management Plan; and
  • Acoustic Management Plan.

5. Adequate coastal hazard risk management and adaptation planning shall be provided as required by State Planning Policy 2.6 – State Coastal Planning Policy.

6.  The Coastal Foreshore Management Plan is to demonstrate that the landowner shall be responsible for the implementation of the Coastal Foreshore Management Plan as well as funding maintenance, monitoring and management of foreshore works.

7.  Wastewater disposal shall comply with the Government Sewerage Policy 2019.

8.  Development shall not exceed 2 storeys in height above natural ground level.

9.  All development shall be in accordance with the local government’s adopted colour palette.

10. The land uses of ‘Marine Filling Station; and ‘Service Station’ are limited to the sale of fuel only.

11. A maximum retail floorspace of 300sqm NLA applies to site.

12. Other than for existing approved dwellings, staff accommodation and caretaker’s dwelling/s, maximum stay is up to 3 months in any 12-month period of which a register of guests is to be maintained and provided to the Shire upon request.

13. Freehold or Strata subdivision is not permitted.

The rezoning of the subject site in the manner proposed will facilitate the development of tourist uses and allow the subject site to be developed as a unique “fishing village” with strong ties to the subject site’s original uses.

Please find below the details of the application: 

Scheme Amendment no.3 Planning Report 

Attachment 1-2

Attachment 3

Attachment 4

Attachment 5

Attachment 6

A hardcopy of the plans and documents are available for inspection at the Shire’s office, Ningaloo Centre, 2 Truscott Crescent.

Submissions on the planning scheme amendment may be lodged in writing and should include the amendment number, the name and address of the person making the submission, the property affected, and details of the submission and lodged with the undersigned on or before Monday, 17 October 2022.

Submissions can be:

  • e-mailed to info@exmouth.wa.gov.au
  • posted to Shire of Exmouth, PO Box 21, Exmouth WA 6707
  • lodged in person at the Shire administration office, Ningaloo Centre, 2 Truscott Crescent.

If you have any questions on how to make a submission, please contact the Shire of Exmouth on (08) 9949 3000.

The above is published on 17/08/2022

Local Planning Policies and strategic documents

To view a list of the Shire's Local Planning Policies please click here .

To view a list of other Local Planning strategic documents please click here.

Residential Design Codes

State Planning Policy 7.3 Residential Design Codes is commonly called the "R-Codes" and provide a comprehensive basis for local governments to control residential development. They generally apply to residential zones throughout Western Australia. They also specify the requirements for development control and minimise the need for separate planning policies for residential development.

Please click the link to view the Residential Design Codes of Western Australia (R-Codes) on the Department of Planning website.

Bushfire Regulations

In 2015, the State Government announced a package of reforms to help protect lives and property against the threat of bushfires throughout Western Australia.  Reforms were introduced to set out new requirements for development and/or building in bushfire prone areas, including the need to assess a property’s bushfire risk and take additional construction measures to limit the impact of bushfires. 

Bushfire planning requirements apply to all new planning proposals for habitable buildings (e.g. house, restaurant, office, etc.) or specified buildings in areas designated as bushfire prone on the Map of Bush Fire Prone Areas (unless exemptions apply). You can identify your property on the Map of Bush Fire Prone Areas by visiting the DFES website. If your property is located within a bushfire prone area according to this map then you may need to undertake a bushfire attack level (BAL) assessment. 

If you are building a single house on a lot/s less than 1,100m2 you will not require a BAL assessment for planning, even if your house is going be built in a designated bushfire prone area. However, the building permit approval process may still require a BAL assessment or BAL Contour Map.

Development currently requiring planning approval will continue to do so. In addition any habitable building (e.g. house, restaurant, office, etc) or specified building with a BAL rating of BAL-40 or BAL-Flame Zone will require a development application seeking planning approval, even if they would normally be exempt under a separate section of the Local Planning Scheme Regulations.  

It is strongly recommended that you use an accredited Level 1 BAL Assessor or an accredited Bushfire Planning Practitioner to undertake a BAL assessment, while the Shire's Building Surveyor can assist to prepare a BAL Contour Map.  The Fire Protection Association (FPA) Australia (FPA) is the recognised accrediting body in Western Australia and they can assist you in finding a professional. See www.fpaa.com.au.

To view the State Planning Policy 3.7 Planning in Bushfire Prone Areas and Guidelines please click here.

Subdivision

Subdivision is the division of one lot into two or more lots and/or the amalgamation of several lots into one lot.

It is The Western Australian Planning Commission (WAPC), who is responsible for approving all subdivision applications and certain classes of strata subdivision applications in our State. For further information on the principals of assessment, application process and forms, please refer to the WAPC's website.   

Subdivision Clearance

 The approval of a subdivision application will usually be subject to conditions that are required to be met (or cleared) prior to lodging the plan for final approval from the Western Australian Planning Commission (WAPC) and applying for new titles.

Before the expiry of a subdivision approval, the applicant is required to contact the agency/authority (eg. Local Government, Water Commission, Main Roads etc) noted in brackets at the end of each condition on the WAPC approval letter, to clear the relevant conditions. This authority then provides written advice confirming that the WAPC's requirements outlined in the condition/s have been fulfilled. 

A subdivision clearance application should only be lodged once all work has been completed to meet the conditions of subdivision approval. Applicants should also ensure that applications for clearance are lodged well in advance of the expiry date included on their WAPC Subdivision Approval.

Where Local Government conditions are to be cleared by the Shire of Exmouth, the following application package is required to be lodged (in person or via e-mail):

  • Application for Subdivision Conditions Clearance 
  • Diagram or plan of survey (Deposited/Survey Strata Plan)
  • WAPC Subdivision Approval
  • Any supporting information that may be required to demonstrate how each Local Government condition has been met
  • Paid fee in accordance with the Shire's Schedule of Fees and Charges

Liquor Licence (Section 40 Certificate) 

A liquor licence from the Department of Local Government, Sport and Cultural Industries is required to be obtained for the sale of liquor from a premises. Section 40 of the Liquor Control Act 1988 requires a certificate from the local authority to be submitted for the grant or removal of a licence, or for a change in this use or condition of any premises, unless otherwise determined.

A Section 40 Certificate is required to state that the proposed use of the premises is consistent with the current planning approval affecting the property.

To obtain a Section 40 Certificate the applicant must submit (in person or via e-mail) the following information to the Shire:

Incomplete applications will not be processed until all information is received, or may be returned to the applicant for their completion. Additional information may be required at the Shire’s discretion.

Additional information on how to apply for a Liquor Licence is available from the Department of Local Government, Sport and Cultural Industries website.