Town Planning Policies

Permitted Uses

Sheds

Sea Containers

Planning Policy 1

Permitted Uses

Policy Area

This Policy applies to the whole Shire.

Objective

To clarify what development requires Council Planning Approval.

Background

Clause 8.1 of the Scheme requires that all development requires the approval of Council. Clause 8.2 then sets out the types of development which are exempt from this requirement; including a single dwelling.

Table 1 – Zoning Table; then sets out uses which:

• Are permitted by the Scheme providing that they meet the relevant development standards in the Scheme;
• Require Council’s Planning Approval;
• Require Council’s Planning Approval and must be advertised; and
• Are prohibited.

The permitted uses are as follows:

Planning Policy Information
USE CLASS	ZONES
	RESIDENTIAL	COMMERCIAL	INDUSTRIAL	REGIONAL RURAL	LOCAL RURAL
1 Aged & Dependent Persons Dwelling	P
2 Agriculture – Extensive				P	P
3 Agro Forestry				P
4 Animal Establishment				P
5 Car Park		P	P
6 Community Purpose	P	P	P	P	P
7 Consulting Room		P
8 Dry Cleaning Premises		P	P
9 Home Occupation	P			P	P
10 Home Office	P			P	P
11 Industry Light			P
12 Industry Service			P
13 Public Utility	P	P	P	P	P
14 Residential – Single House	P			P
15 Rural Pursuit				P
16 Shop		P
17 Showroom		P
18 Transport Depot			P

The development standards are generally contained within Part of the Scheme and all development must comply with these standards unless a variation is approved by Council. Where a Permitted Use meets these standards then Council cannot unreasonably refuse such an application.

Development standards applicable to houses including any extension, outbuildings, swimming pools etc include:

• Compliance with the Residential Planning Codes (with particular reference to boundary setbacks);
• Not being located within a heritage area designated under the Scheme (no such areas apply at this time);
• Does not exceed 8m in height;
• Is not located on an unconstructed road or on a lot with no gazetted road access.

In summary the setbacks for houses are as follows:

Woodanilling Housing Setback Requirements
SETBACK FROM LOT BOUNDARIES (1)	RESIDENTIAL R5	REGIONAL RURAL	LOCAL RURAL
All boundaries		20m
Front	12.0m		10m
Rear	6.0m		10m
Side (2)	1.5m		5m

1. Lot boundaries means any individual allotment as defined within the Town Planning and Development Act 1928
2. Tables 2a & 2b of the Codes define the side setbacks based on the length of the walls and whether there are any major windows.

Policy Statement

• In accordance with Clause 8.2 of the Scheme, Council will not require a planning application for a single house within the Residential or Regional Rural zones, provided that such development complies with the minimum setback requirements and any other applicable development standards.
• Building Licence is still required for a single house and compliance with the setback requirements and any other applicable development standards will be assessed as part of this application.
• Item 1 above does not apply to a single house on a lot with an unconstructed road access or no gazetted road access (refer to Clauses 5.14 and 8.2(b)(v).
• Council’s planning approval for more than one single dwelling in the Regional Rural Zone is required under Clause 5.11.5
• In accordance with Clause 8.2 of the Scheme, Council will not require a planning application for a ‘Home Office’ within the Residential, Regional Rural, or Local Rural zones. A ‘Home Office” is defined as a home occupation limited to a business carried out solely within a dwelling by a resident of the dwelling but which does not:
  1. entail clients or customers travelling to and from the dwelling;
  2. involve any advertising signs on the premises; or
  3. require any external change to the appearance of the dwelling.

All other P uses listed in Table 1 of the Scheme will require the Planning Approval of Council.

Adoption

Adopted by Council at its meeting of 20 December 2005

Town Planning Policy No 2

Sheds

Town Planning Policy No 3

Sea Containers

Policy Area

This Policy applies to the whole Shire.

Definitions

All reference to containers shall mean either a sea container or railway carriage.

Objective

The objectives of this policy are to regulate the use of sea containers to ensure they do not detract from the visual amenity of the locality.

Background

In recent years there has been increased use of sea containers within the Shire for storage. While these can serve a useful role in rural areas there have been concerns about aesthetics, particularly in more settled areas such as the Residential and Local Rural Zones.

Sea containers are generally second hand structures which were originally designed for commercial and industrial use but are sought by landowners for use in a residential environment.

TPS No. 1 makes no direct reference to sea or containers and Council regulates them under general development control powers covering amenity and protection of the natural environment.

This policy has been created to provide guidance for Council and land owners in the use and sitting of sea containers and railway carriages.

Policy Statement

EXEMPTIONS FROM PLANNING CONSENT REQUIREMENTS

Planning consent is not required for the use of containers fully enclosed within a building.

GENERAL REQUIREMENTS FOR SEA CONTAINERS

All containers shall require the planning approval of Council.

1. As they are second hand relocated structures, containers are not considered as being “ancillary outbuildings”.
2. Containers may be approved in any zone.
3. There is a presumption that no more than one container will be permitted per property, particularly in the Residential Zone. Council may consider additional containers where it is satisfied that there is a genuine need for these and that the objective of this policy is complied with.
4. Containers may be approved on a vacant property.
5. Containers are not to be used for habitable purposes.
6. Containers are not to be located within front boundary setbacks as required by Town Planning Scheme No. 1.
7. Containers may be temporarily placed on a property to store building materials while construction of a house is being carried out on the property. Where containers are proposed for a temporary period the following will apply:
   1. The use will expire with the building licence.
   2. A building licence for the dwelling must be issued before a planning approval is granted for a container.
   3. The container must be maintained in a reasonable condition as determined by Council.
8. Where containers are proposed to be permanently sited on a property the following will apply:
   1. They should be adequately screened from view and shall not be easily seen from nearby roads, other public places, or adjoining properties
   2. They should be painted in muted tones to the satisfaction of Council so as not to be visually intrusive.
   3. They should be maintained in good repair with no visible rust marks.
9. Applications for planning consent shall include:
   1. A scaled site plan showing the proposed location of the sea container and detailing setbacks to boundaries. The site plan shall also include other buildings, accessways, watercourses and vegetation on the property.
   2. The proposed size and use of the sea container.
   3. Evidence that the sea container will be adequately screened from view and shall not be easily seen from nearby roads, other public places, or adjoining properties.
10. Sea containers are approved in the Regional Rural Zones, subject to them not being located within the front boundary setback area or in areas designated for car parking or landscaping.

Adoption

Adopted by Council at its meeting of 19 August 2008