FAQs

The State Government's Planning Regulations state that every form of development needs planning approval - unless it has been specifically identified that it does not.

The Planning Regulations then includes a table that identifies types of development that do not need approval (in other words, is 'exempt' from approval).

The Shire's Local Planning Policy 44 then adds to this by identifying additional types of development that does not need approval. 

The exemptions that are proposed in Local Planning Policy 44 apply over and above the Planning Regulations, acknowledging that our community has asked us to reduce 'red tape'.

Draft revised LPP 44 introduces exemptions from planning approval for the following significant forms of residential development: 

• Building, extending or altering a Single House or Ancillary Dwelling in the Special Residential or Professional Office zones (this includes a new house). 
• Extending or altering an existing Single House or Ancillary Dwelling in the Special Rural, Landscape Protection or Rural zones.
• Minor development including decking, landscaping, retaining walls, site works, tree planting, carports, gazebos, animal shelters and property entry statements.
• Establishment and operation of Rural Produce Stalls. 

Development will only be exempt if the policy is adopted by the Council after public advertising and if development complies with all of the standards specified in the policy.

While this policy can introduce exemptions from planning approval there is still a need for a building permit in most cases, as directed by State legislation.

Depending on what you would like to do, there may be a few types of approvals for you to get first - 

Planning approval (sometimes called development approval) is the first step. At this stage the Shire will assess whether a proposed development or land use is consistent with the community's vision for the future (as directed by the Local Planning Strategy and Scheme) and State legislation for managing bushfire risk, sewerage disposal, residential building design and a range of other matters.

Building approval is the next step, assessing construction works to ensure they meet the standards of the Building Code of Australia. The aim of this process is to ensure that building works are completed to minimum quality standards and result in the development of safe, healthy and sustainable buildings.

Other types of approvals that may be necessary are:

• Health approval to install an on-site effluent disposal system
• Health registration for a food, processing or production business
• Engineering approval to construct a driveway crossover (the part of your driveway on the public road reserve)
• Engineering approval to connect your stormwater overflow into the public drainage system
• Liquor license approval for the production and/or sale of alcohol

If you are unsure what types of approvals you will need please contact us for advice as early as possible in your project.

The draft revised policy identifies:

• The types of development that are exempt (first column of the table)
• The zones where this exemption applies (second column), and
• The criteria that apply.

Your project needs to meet all of these requirements to be exempt from the need for approval.

In some cases your project may be exempt from planning approval but may still need a building permot.

If you are not sure, please contact us for advice - we are happy to guide you through the process.

By gaining planning and building approvals before you start your project, you can rest assured that you have:

• Avoided having to spend money and make changes afterwards.
• Avoided complex legal issues if you ever sell your property.
• Legitimate development that doesn't void insurance and public liability covers.
• The ability to hold your builders and contractors to account for their work.
• Certainty that your building complies with national construction standards and local and state planning laws, and you have avoided fines and penalties that may apply.
• Contributed to achieving our community's vision for the future of Denmark.

If you are unsure whether your project needs planning, building or other approvals please contact us for assistance.