Do I need development approval?

Development approval

Development or planning approval is generally required if you wish to develop, propose new works or change the use of your property.

What is exempt from requiring development approval?

A list of the types of development which are exempt from development approval can be found in Council's Local Planning Policy 32 - Exemptions from Development Approval(PDF, 422KB). Refer to Table 1 for exempt works and Table 2 for exempt land uses.

State of Emergency COVID-19 planning exemptions

A Notice of Exemption was issued on 8 April 2020 to provide specific guidance to both proponents and local government on a range of temporary exemptions for certain approvals and requirements within the local planning framework. These exemptions remain in effect until 90 days after the end of the State of Emergency relating to COVID-19. However, given the continually evolving nature of the current State of Emergency, the Notice of Exemption has been amended as of 4 March 2022. 

The exemptions remove barriers within the planning system to ensure flexible and speedy responses to a changing crisis environment, support business and guarantee the provision of essential community services. 

For further information please refer to the State of Emergency planning changes web page from the Department of Planning, Lands and Heritage.

Development approval exemptions

To assist, the Town of Victoria Park provides the following planning services for written confirmation on whether your proposal is exempt from development approval or requires an 'Application for Development Approval (or DA)' to be submitted and approved.

Deemed to comply check - development approval exemption for Single Houses

What development types?

Proposals for single houses or extensions / renovations to existing single houses, where the deemed-to-comply requirements of the relevant planning framework are met (i.e. no variations proposed).

Exemption check process 

The Town's Urban Planning team will assess your development plans against the Residential Design Codes and Council's Local Planning Policy 25 - Streetscape (which vary some provisions of the Residential Design Codes).

Following this assessment, you will be advised in writing within 14 days of the application being accepted, if the proposal is a) exempt from development approval and can proceed to a building permit application, or b) if development approval is required.

Application fee $295

Land use - development approval exemption check

What development types?

Proposals seeking to change the land use of a premises, which is listed as an exempt land use and no external works are proposed. For example, a premises changing its use from an 'Office' to a 'Restaurant / Cafe'.

Exemption check process 

The applicant is to complete a self-assessment checklist outlining key details about their proposed business. Within 7 days of lodging the self-assessment checklist, the Town's Urban Planning team will confirm whether your business proposal is exempt from development approval and you will be provided with a list of other Council approvals / permits which may be required. 

The Town invites applicants to meet with the Place Leader for your suburb to discuss your proposed business and how the Town’s various initiatives may help your business establish firm commercial foundations within our community.

No application fee

Written planning advice

What development types?

All other types of developments which are listed from development approval exemption under Council's Local Planning Policy 32. For example, minor residential structures (including sheds, carports and street fencing), sea containers and signage.

Exemption check process  

The Town's Urban Planning team will assess your development plans against the clause 61 of the Planning and Development (Local Planning Schemes) Regulations 2015 and Council's Local Planning Policies. Following this assessment, you will be advised in writing within 14 days of the application being accepted, whether the proposal is exempt from development approval. 

Application fee $73

Please visit the Planning forms and checklists page for further information on how to apply or alternatively call the Town's Urban Planning area on 9311 8111 during business hours.

Why apply for written confirmation of development approval exemption?

The Town encourages applicant to obtain written confirmation that their proposal is exempt from requiring development approval. The intent of this check is to provide applicants with confidence that their proposal can proceed straight to a building permit. 

The processing of building permit applications are 'fast tracked' where the Town has provided written confirmation of development approval exemption.

Other Council approvals may be required

Whilst your proposal may be exempt from requiring development approval, please note that other Council approvals may still be required, such as a Building Permit, Work Zone Permit or Food Business Registration. This depends on the specifics of your proposal, please contact the Town of Victoria Park for further information.