Town Planning
For further information please contact Nick Kearns, Jennifer, Julia or Tammy at the Shire's Town Planning and Development Services Department on (08) 9168 4100 or julia.hall@swek.wa.gov.au
The difference between Planning and Building Approvals
Legislative and Administrative Documents
Planning regulates the use and development of land in accordance with the needs of the community. Town Planning and Economic Development make sure that proper planning standards and requirements are met by both public and private development throughout the community. Town Planning ensures that development not only conforms to the various laws and requirements, but also provides a positive contribution to residential and business communities.
The difference between Planning and Building Approvals
There is some confusion as to the need to obtain two separate approvals in order to proceed with development. The first approval is called a Planning Approval, or sometimes Development Application. Planning Approval is where the Council gives approval in order to use or develop land. The use and development of land is controlled by the Shire of Wyndham East Kimberley Town Planning Schemes. The shire assesses a proposed land use or development against the objectives and requirements of the Town Planning Schemes and can approve or refuse and application.
The second approval that is needed when you are building a structure is called a Building Licence. Even if you have obtained planning approval, you will still need a Building License to certify that your structure complies with the Building Code of Australia and any relevant standards. The reason that there are two approvals is that the Building License relates only to the detailed construction and engineering of buildings and the Planning Approval only to whether or not the proposed structure or land use is appropriate for that location. The Building License can be obtained through an application with the Shires Engineering and Regulatory Services Department. The planning approval application form can be obtained in the Planning Approval section below.
Planning Approvals
Planning Approval (Development Application) from the Shire is required to commence or carry out development, and for any change in the use of any land. The applicant is required to fill out a Development Application form and collate the required information. Assessment is based on the standards prescribed by the Town Planning Schemes and Planning Policies. A copy of the Development Application Form can be downloaded from this site.
Development Application fees apply. (Please see form)
Town Planning Schemes
The Shire of Wyndham East Kimberley currently operates under two Town Planning Schemes.
Town Planning Scheme NO 6 Wyndham Townsite
Town Planning Scheme NO 7 Kununurra and Environs
The Town Planning Schemes are a statutory framework that sets out the long-term planning directions and objectives that guide future development. The Town Planning Schemes (TPS) text includes zones and policies, use classes, non-conforming uses, general development requirements, overall planning areas, amenity control, car parking standards and provisions, control of advertising, places of heritage, planning approvals and administration. A copy of Town Planning Scheme NO 6 and Town Planning Scheme NO 7 (text and maps) is available to be downloaded from the Western Australian Planning Commission website.
The Local Planning Strategy (LPS) is the principal guiding framework for the direction for the development of the Shire. The LPS contains information and recommendations that are factual and comprehensive and have the capacity to influence decisions of funding and public policy. The LPS sets out the Shires strategies and actions over transport, community development, economic development and governance. A copy of the Local Planning Strategy can be viewed at the Western Australian Planning Commission website.
Home Occupations
Some small businesses may be operated from home, if permitted by the Councils Town Planning Scheme. The consent of Council is required prior to operating a home occupation. If you wish to operate a home occupation, please complete a Home Occupation Application Form, collate the required information and lodge with the Shire. Home Occupation Application Fees apply. (Please see form)
At present there is an incentive and sponsorship opportunity for up to five new Family Day Care Operators to commence in Kununurra. The Shire will waive the Planning fees for the proposed five new Family Care operators. Please contact the Shires Community Services Department for further information.
Subdivisions
Subdivision applications are determined by the Western Australian Planning Commission (WAPC). Although Council does not have powers to approve applications to subdivide land (this is the responsibility of the State Government), advice is available on the process and minimum lot sizes. However, Council still has an important role in providing the Commission with recommendations on subdivision proposals, and with the inspection of conditions compliance of the subdivision approval.
A subdivision application form and application guide can be downloaded from the Western Australian Planning Commission’s website. All enquires regarding rezoning and subdivision of land should be directed to the Council’s Town Planning and Development Services Department.
Zones
The use of land and buildings is controlled by a number of zones set down by the Town Planning Schemes. It is important to know what uses may be allowed and what is prohibited in a particular zone. The TPS No 6 Wyndham Townsite consists of 6 Zones, The TPS No 7 Kununurra and Environs consists of 15 Zones. For further information please refer to the Town Planning Schemes.
Rezoning
All initial applications need to be put in writing in order to be taken to Council. Upon approval a consultant will have to be engaged by the applicant in order to proceed with amendment documentation. All enquires regarding rezoning and subdivision of land should be directed to the Council’s Town Planning and Development Services Department.
Environs and Reserves
The Policy and Management Plans for our Foreshores and Council Reserves are prepared by this department. The plans are to ensure that parts of the natural landscape are available for use of current and future generations. The Shire has the following Scheme Reserves Major Road, Park and Recreation, Public Purpose, Waterway, Special Foreshore and Conservation/Environment. For further information, please refer to the Town Planning Schemes.
Heritage
A Municipal Inventory of Heritage places is available for reference in protecting significant places. The Municipal Inventory has identified 52 places in the Shire of Wyndham East Kimberley as having heritage significance. For further information please refer to Local Government Heritage Inventory August 2007.
Legislative and Administrative Documents
In order to provide for the orderly and proper use and development of land and buildings through out the Shire, the Council is guided by the following legislative and administrative documents:
Town Planning and Development Act 1928;
Town Planning Regulations 1967;
Shire of Wyndham - East Kimberley Town Planning Scheme No 7 - Kununurra and Environs;
Shire of Wyndham - East Kimberley Town Planning Scheme No 6 - Wyndham;
Shire of Wyndham - East Kimberley Consolidated Local Laws;
Council Development Control Policies;
Various other Acts of Parliament and Regulations.
The area considered by this plan is central to the character of Kununurra. This is a community generated and endorsed plan, providing framework for guiding future foreshore use and development. The area under consideration has been broken into a number of precincts each with its own character and special qualities.
Last updated 21/04/06
Precinct 1 (3mb) Packsaddle Lagoon
Precinct 2 (3mb) Swim Beach
Precinct 3 (3mb) M 1
Precinct 4 (3mb) Kona Inlet
Precinct 5 (3mb) Hamiliton Inlet
Precinct 6 & 7 (6mb) Lily Creek
The erection, placement and display of advertisements require planning approval. For further information please refer to the Town Planning Schemes. Applications for the approval of advertising can be obtained here. Application fees are applicable.
An untidy property can include any vacant land, residential, or commercial property determined by the Shire as untidy or unsightly. An untidy site may have building materials, waste materials, debris, scrap, rubbish, or other materials or objects that have been allowed to accumulate in an unsightly manner. The Shire can, by written notice, require the owner to restore the property, so that it is no longer considered an untidy site. For further information please refer to the Town Planning Scheme.