WHEN DO I NEED Development
 APPROVAL?

In most cases, planning approval is required for all developments, although, if a development complies with the deemed-to-comply provisions of the Residential Design Codes of WA (R-Codes) and the Town’s Residential Design Guidelines, or is of a minor nature, it may be exempt from the requirement to obtain development approval.

Development is subject to the provisions of the Town of East Fremantle Town Planning Scheme No. 3, the Town’s Residential Design Guidelines and other Local Planning Policies where relevant (i.e. Noise Attenuation, Signage Design Guidelines, Town Centre Redevelopment Guidelines and George Street Mixed Use Precinct New Development Contribution to the Management of Access and Parking Guidelines.

The following information provides an overview of the most common types of development and whether or not development approval is required and how to make an application. When in doubt as to whether development approval is required, the proposal should be discussed with your consultant Town Planner, Building Designer or Architect.

DEVELOPMENT REQUIRING APPROVAL

  • Any non-residential development (i.e. commercial use, consulting rooms, shops) - whether it is a new development, additions or any alteration to commercial site.

  • Any development where variations to the Town's Local Planning Policies or deemed-to-comply requirements of the R-Codes are sought including new dwellings or extensions to dwellings (either single, grouped or multiple dwellings).

  • Any development located within the street setback area (except for resurfacing an existing hard surfaced area or landscaping works provided there are no wall features or structures as part of the proposal).

  • A Change of Use (i.e. from shop to office or from a residential use to commercial use and vice versa). An approval for a change of use is required regardless of whether the building is being altered or not. Minor changes to uses which do not change the function of a site do not require approval.

  • Home Occupations (i.e. operating a business from home) with customers/clients visiting the premises and/or deliveries to the premises.

  • Development and/or Demolition of a building included on the Heritage List under Council’s Town Planning Scheme.

  • Signage except where excluded under the Town's Signage Design Guidelines Local Planning Policy.

DEVELOPMENT NOT REQUIRING  APPROVAL

  • A Patio, Pergola, Shade-Sail, Cabana or a Shed behind the front setback area provided no variations to the deemed-to-comply requirements of the R-Codes or the Town's Residential Design Guidelines are sought.

  • Side Boundary Fencing provided the height including retaining from natural ground level is no greater than 2.0m (Note: For further regulations relating to side boundary fencing please refer the Department of Commerce / Building Commission web site to download a copy of the ‘Dividing Fences – A Guide booklet).

  • A Fence within the front setback area providing it complies with the deemed-to-comply provisions of the Town’s Residential Design Guidelines (provided the height including retaining from natural ground level is no greater than 1.8m.and it is 60% permeable above 1.2m).

  • Outbuildings (i.e. sheds) provided there are no variations to the deemed-to-comply requirements of the R-Codes or the Town's Residential Design Guidelines.

  • Site Works behind the street setback area where changes to levels are no greater than 0.5m from the natural or existing ground level.

  • Demolition of residential or commercial buildings that are not included on the Heritage List of Town Planning Scheme No. 3.

  • Replacement of a Structure if proposed design is like for like except in the case of any solid fencing or solid structure in the front setback area, or any structure on the Heritage List of Town Planning Scheme No. 3.

  • Reroofing to the same specifications and materials as the existing roof.

  • Internal building works.

  • Solar Panels erected to comply with deemed-to-comply requirements of the R-Codes and the Town's Residential Design Guidelines.

  • Swimming Pools behind the front setback area provided no variations to the deemed-to-comply requirements of the R-Codes or the Town's Residential Design Guidelines are sought. (Please note that any associated works with swimming pools such as retaining walls and landscaping works may require development approval).

  • Cubby Houses / Tree Houses (provided these are not located within the front setback area or within the road reserve and they are erected to comply with deemed-to-comply requirements of the R-Codes and the Town's Residential Design Guidelines.

  • Standard Television Antennae and Air-conditioning Units provided these are not visible from the primary street, the structure integrates with the building and is not visually obtrusive or impacts a neighbouring property.

  • Home Offices (i.e. working from home in a study/office) with no customers or deliveries to the site and no impact upon the amenity of adjoining properties.