Planning and Development (Local Planning Schemes) Amendment (Single House Development) Regulations 2024 (WA)
Western Australia
Planning and Development Act 2005
Western Australia
Planning and Development Act 2005
Made by the Governor in Executive Council.
These regulations are the
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;
(b) the rest of the regulations — on 1 July 2024.
These regulations amend the
After Schedule 2 Part 10 Division 2 insert:
In this Division —
(a) a function of the local government under clause 61A(2) or (4) or Part 8 or 9;
(b) a function of approving further details of any works or use under a condition of a kind referred to in clause 74(1) imposed on a development approval;
(c) a function of the local government under this Scheme that is ancillary or incidental to a function referred to in paragraph (a) or (b);
(1) In this Division,
prescribed single house development means development that consists of —(a) the erection of, or alterations or additions to, a single house; or
(b) the erection or installation of, or alterations or additions to, any of the following that is ancillary or incidental to a single house —
(i) an ancillary dwelling;
(ii) an outbuilding;
(iii) an external fixture;
(iv) a boundary wall or fence;
(v) a patio;
(vi) a pergola;
(vii) a verandah;
(viii) a deck;
(ix) a garage;
(x) a carport.
(2) Despite subclause (1), development in a heritage‑protected place is not
prescribed single house development .
(1) When a prescribed development approval function is performed in relation to prescribed single house development, the function must be performed for and on behalf of the local government by —
(a) the local government CEO; or
(b) an authorised employee.
(2) A prescribed development approval function cannot be performed by the local government in relation to prescribed single house development otherwise than in accordance with subclause (1) (for example, the function cannot be performed by the council of the local government or a committee of that council).
(3) In performing a prescribed development approval function for and on behalf of the local government in relation to prescribed single house development, the local government CEO or an authorised employee —
(a) is not subject to the direction of the council of the local government or a committee of that council; and
(b) may, if the performance of the function is dependent on the opinion, belief or state of mind of the local government, perform the function on the opinion, belief or state of mind of the CEO or authorised employee (as the case requires).
(1) The local government CEO may authorise any employee of the local government to perform prescribed development approval functions for and on behalf of the local government in relation to prescribed single house development.
(2) An authorisation under this clause must be in writing and may be general or limited to prescribed development approval functions of a specified class.
K. COLLERAN, Clerk of the Executive Council
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