Many developments that people undertake on their land require some form of approval from the local government. Development means the use of land for any purpose and the construction, alteration or carrying out of any buildings, works or structures and includes erection of advertisements. The Shire of Toodyay Local Planning Scheme No 4 and related policies outline when planning approval is required.
Local Planning Scheme & Local Planning Strategy
Development within the Shire of Toodyay is administered through the Local Planning Scheme and Local Planning Strategy. The Shire of Toodyay’s Local Planning Scheme No 4 was gazetted on 13 February 2008. The Scheme divides the Shire into zones to identify areas for particular uses and identifies land reserved for public purpose. Most importantly, the Scheme controls the types of uses and development allowed in different zones. There are particular controls included for heritage and special control areas. The Scheme also sets out the requirements for planning approval, enforcement of the Scheme provisions and non-conforming uses and provides the framework for the adoption of Local Planning Policies.
The Shire of Toodyay’s Local Planning Strategy was endorsed by the Western Australian Planning Commission in November 2007. The Local Planning Strategy is to be read in conjunction with Local Planning Scheme No 4. The Strategy sets out the long-term planning direction for the Shire of Toodyay and provides the rationale for the zones and other provisions of the Scheme.
Every land parcel within the Shire of Toodyay is subject to a classification that determines the land use activities permitted for that area. This classification of land is called ‘zoning’ and the zoning table within the Scheme details land uses that can be considered within a zone. .
Land owners can contact the Shire’s Planning and Development Services Unit for clarification on the zoning and land uses that can be undertaken on their property. All other people wishing to confirm the zoning of a particular land parcel must make a request in writing and pay the applicable fee.
When Is Planning Approval Required?
Planning approval relates to the development (physical construction or any alteration to the land) and use of the land.
The provisions of the Scheme outline under what situations planning approval is required. If you answer ‘yes’ to any of the questions below, then you will need to obtain planning approval from the Shire of Toodyay prior to the commencement of development on your land.
- Does your development involve the erection of a building other than a single house, extension to a single house, or an outbuilding or swimming pool ancillary to a single house?
- Is your development a relocated building?
- Is your development listed as a ‘D’, ‘A’ or ‘X’ use under the provisions of Local Planning Scheme No 4?
- Is the development located in a Special Control Area, a heritage list or in a heritage area?
- Does your development propose a variation to any of the provisions within the Residential Design Codes, Local Planning Scheme No 4 or any Council policy?
An owner/occupier wishing to undertake a land use which is designated as “P” under the zoning table does not require planning approval if it complies with all development requirements under the Scheme and does not involve the erection of any structure. All other land uses and developments will require the approval of the Shire before they commence.
Rural Pursuits (which is the stocking of animals such as horses, sheep or goats etc.) that are not for trade or commercial purposes and comply with the Department of Agriculture and Food’s Stocking Rate Guidelines for Small Rural Holdings, do not require planning approval from the Shire in the Rural Residential (previously known as Special Rural) and Rural Living Zones. The Stocking Rate Guidelines for Small Rural Land Holdings can be accessed from the Department of Agriculture and Food at www.agric.wa.gov.au
It is recommended that you contact the Shire’s Planning and Development Services Unit if you are unsure or wish to clarify whether your proposed land use or development requires approval from the Shire.
Heritage And Special Design Control Precincts
The Toodyay townsite has a defined Heritage Area within which special design controls are imposed. These design controls, as specified in the policy TP.20 – Central Toodyay Heritage Area. The policy aims to maintain the heritage values and character within the Central Toodyay Heritage Area. All development within the Central Toodyay Heritage Area will be referred through to Council’s Heritage Advisor for comment and may be presented to Council for determination.
Houses Per Lot
The Shire of Toodyay Local Planning Scheme No 4 does not permit more than one dwelling house on Rural Residential (previously known as Special Rural) and Rural Living lots. Lots within the Toodyay townsite may have the capacity to have more than one dwelling, however this is dependent upon the density code of the land, the size of the lot and whether the requirements of the Residential Design Codes can be achieved.
A second dwelling may be considered on a lot in a Rural zone where the provisions of Local Planning Scheme No 4 can be satisfied. In such situations the lot must have an area of not less than 40 hectares, the additional dwelling must be required to provide accommodation for an agricultural or horticultural worker or as a principal place of residence of an owner or immediate past owner of the land who has been actively engaged in the running of a rural operation on that land for a significant period of time. For further information land owners can contact the Shire’s Planning and Development Services Unit.
All buildings intended for residential use not provided with a reticulated water supply must provide for the catchment and storage of rain-water in suitable tanks (with impervious covers) of at least 92,000 litres capacity. Otherwise bore or reticulated supply of potable water is to be provided and connected to the house. When submitting an application for the erection of a dwelling house, be sure to indicate from where you will be obtaining your water supply.
All dams must have planning approval from the Shire of Toodyay before the creation or commencement of the dam. An application to construct a dam shall be submitted as an Application for Planning Approval.
An application for planning approval to construct a dam shall include the following information:
- Application for Planning Approval form and payment of application fee (please note in the Rural Residential (previously known as Special Rural) and Special Residential zones an additional $170 consultation fee must be paid);
- A site plan showing the proposed site for the dam, including distances from lot boundaries, location of watercourses, location of existing structures and the location of any vegetation to be cleared as a part of the dam construction;
- Details on the proposed dam, including the approximate size, the height of the dam wall and the expected capacity;
- Details on the method of water catchment (i.e paddock run off, spring fed, water course, etc); and
- Construction details and any additional information required, including compaction to be used, spillway construction, overflow systems, earthmoving contractors, etc.
Where the Council is concerned about the structural integrity of the dam, it may seek that the applicant supply certification from an engineer. This certification would need to state that the proposed dam is structurally sound and will ensure that an impermeable material is used to line the dam to prevent possible seepage onto an adjoining road or property.
Signage and advertisements are classified as development and may require planning approval from the Shire of Toodyay.
All signage proposed within the heritage area requires planning approval from the Shire of Toodyay and must comply with the provisions of the policy LPP 20 - Central Toodyay Heritage Area. In regards to signage on private property in other areas of the Shire, planning approval is required unless it is listed as an exempt sign in the Local Planning Scheme. The Shire has adopted a policy LPP1 – Signage Outside the Central Toodyay Heritage Area which outlines acceptable signage outside the heritage area. All signs and/or applications for signage must comply with this policy.
The following details must be submitted when making a planning application for signage:
- The Application for Planning Approval form;
- Payment of the planning application fees;
- Two (2) copies of the site plan showing the layout of the existing structures illustrating the areas where signage/advertisements are proposed;
- Two (2) coloured copies of elevations of the signage clearly detailing the area and dimensions of the sign, the size of the lettering, picture or logo proposed (scale of not less than 1:100);
- If signage is proposed on an existing building, elevation pictures of the building with the proposed sign superimposed must be supplied.
- If signage is proposed within the heritage area, plans illustrating the area and dimensions of the front and side walls of the building must be supplied and details of all existing signage must be provided;
- Details of how the sign is to be affixed to the building or ground detailing the height above ground level to the top and underside of the sign.
Subdivision And Amalgamation
The subdivision and amalgamation process is administered at a State level through the Western Australian Planning Commission. More information on this process is available from their website: http://www.planning.wa.gov.au.
Local Planning Policies
The Local Planning Policies can be downloaded by clicking here