Town Planning

PLANNING APPROVAL

If you intend to commence development on your land (which includes commencing to use your land for a particular purpose), you must first obtain the approval of Council.

The only time Council's planning approval is not required is when it is proposed to build a single dwelling house or 2 group dwellings and associated structures such as carports, patios, garden sheds and the like, on a residential property. In these instances, however, a building licence must be obtained.

The development or use of land without first gaining Council's approval or the development or use of land in contravention of a town planning scheme, is an offence for which severe penalties may be imposed.

CURRENT TOWN PLANNING SCHEME & DEVELOPMENT CONTROL

The purpose of a Town Planning Scheme is to outline the future development of a town, zone various land areas within the Scheme boundary, indicate the permitted uses within those zones, set out the required development standards and to state the relevant administrative requirements.

A Town Planning Scheme comprises of three main parts:

	1 . Scheme Report - covering the background information and explaining the Scheme Requirements.
	2. Scheme Text - setting out the legal scheme requirements; and
	3. Zoning Maps - showing the various zones.

Town Planning Schemes are in place for the towns of Tom Price, Paraburdoo and Onslow. Development within the areas of the Shire, which are not currently served by a Planning Scheme, is controlled by an Interim Development Order. This means that all development in those areas first require the approval of Council.

Amendments to any of these occur from time to time and require an advertisement in the local press. The advertisements always state where copies of the proposed amendments may be viewed and where to lodge submissions.

ZONING AND USES

The permitted uses on a specific site may be established by identifying the zoning of the lot on the Scheme Map and then cross referencing that zone with the relative use class on the zoning table in the Scheme Text.

Each use is shown as either:

	1. A permitted use;
	2. A use which may be permitted only at Council's discretion;
	3. A use which may be permitted only as an incidental use to an otherwise permitted use; or
	4. A use that is not permitted.

NON CONFORMING USES

Where a particular development or use has been granted formal Planning Approval by the Council, but that development or use becomes a not permitted use in that zone in a subsequent Town Planning Scheme, the approved development is then protected by a non conforming use right. This allows continued use of the development or the site in the approved manner until such time as the use is voluntarily discontinued or the Council enforces its cessation by the payment of adequate compensation.

COMPLIANCE WITH CONDITIONS

It is a legal requirement that any conditions IMPOSED IN GRANTING Planning Approval to a development or use, must be complied with in full. Any persons or company experiencing difficulty in meeting those requirement should contact the Council's Senior Planning Officer, as the Council may consider an extension of time for full compliance in some circumstances.

RIGHTS OF APPEAL

Where a person is aggrieved by a Council refusal of an application, or by the conditions imposed on approval, in the case of the Council exercising a discretionary power under the Scheme, he or she has a right of appeal either to the Minister for Planning or to the Town Planning Appeal Tribunal. Forms for such appeals may be obtained from the Council Offices or the Offices of either the Minister or the Tribunal in Perth.

HOME OCCUPATIONS

Any person wishing to conduct a business from home must apply to the Council for a Home Occupation Approval. All applications must be made on the appropriate form, setting out all the required information and should be submitted to the Council, along with the appropriate fee. In granting such an approval, the Council may impose conditions as it sees fit, to ensure compliance with the Home Occupation Policy. A copy of Council's Home Occupation Policy is available at all Council offices.

COMMERCIAL AND RECREATION VEHICLES AND SEATAINERS IN RESIDENTIAL AREAS

Council has special requirements for the parking, keeping, maintaining and servicing commercial vehicles, boats, caravans and seatainers within a residential area. You need to contact Councils planning staff prior to carrying out any of these things.

OTHER POLICIES

Council has adopted a range of Policy Statements, which are used in conjunction with the town planning schemes in the assessment of town planning applications. These are available at Council's Offices.

A NEW TOWN PLANNING SCHEME

Town Planning Schemes should be reviewed every 5 years. The review of the schemes for Tom Price and Paraburdoo are well overdue and although the Onslow Scheme is a more recent document, there are certain aspects that now require updating. With these factors in mind and the recognized need for a town planning scheme to replace the Interim Development Order, Council has resolved to consolidate all of its planning requirements into a single town planning scheme to cover the entire Shire of Ashburton. This is to be called Town Planning Scheme No 7.

Early in 1997, Landvision Planning Consultants were appointed by Council to review the current schemes and to produce Town Planning Scheme No 7. This work is expected to be completed by the end of 1997 or early 1998. During the course of producing this document, public comment and participation is greatly encouraged.

Once Town Planning Scheme No 7 is finalised, it will require the approval of the Minister for Planning before coming into effect.

Members of the community are encouraged to become involved and to keep track of any changes proposed by Town Planning Scheme No 7 that may affect their property or lifestyle.

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29 November, 1999

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