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

Proposed Scheme Amendment No.1- 

Learmonth Pipeline Fabrication Facility & associated Environmental Review

Notice is hereby given that the Shire of Exmouth is in receipt of a proposed Scheme Amendment (SA1) to Local Planning Scheme No.4 for a 'Learmonth Pipeline Fabrication Facility' (Subsea 7).

Accompanying SA1 is an Environmental Review (ER), Assessment No. 2209 (pursuant to s.48C(1)(a) of the Environmental Protection Act 1986) for which will examine the potential impacts to the environment from the change of land use and zoning from ‘Rural’ and ‘Foreshore Reserve’, to proposed ‘Special Use No. 10’.

Please refer to the documents below – Scheme Amendment 1 report and the Environmental Review document and associated report.

  1. WAPC Approved Scheme Amendment documentation 
  2. Environmental Review document
  3. Attachment 1 
  4. Attachment 2 
  5. Attachment 3
  6. Attachment 4 

After being advertised and the public comment received, the proposed Amendment is currently under consideration by the State Government. 

On 29 June, 2020 the Environmental Protection Authority (EPA) is publishing the Shire of Exmouth Scheduled of Submissions and responses made to EPA as set out in Table 1:

Proposed Scheme Amendment:

Local Planning Scheme 4 Amendment 1

Responsible Authority:

Shire of Exmouth (Ref: PA32/19)

EPA assessment number:

2209

Location:

Lots 233, 234, 235 and 1586 Minilya-Exmouth Road Learmonth

Local Government Area:

Shire of Exmouth

Public Review Period:

Environmental Review Document – timing and procedure in accordance with the Planning and Development Act 2005.

Publication date of Shire of Exmouth Schedule of submission responses to the EPA:

Monday 29 June 2020

Web link to EPA website:

http://www.epa.wa.gov.au/shire-exmouth-local-planning-scheme-4-amendment-1

 

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.