WHAT IS AN ANCILLARY DWELLING?
An ancillary dwelling (commonly referred as a ‘Granny Flat’) is a small, self-contained additional dwelling unit located on the same lot as a single house (with a minimum lot size of 350m2)
which is used for permanent residential living by another party.
Ancillary dwellings may be freestanding or attached to the main dwelling, and can be occupied by persons either related or unrelated to the occupants of the main dwelling.
Ancillary dwellings typically have separate door entrances to the main dwelling and comprise of some household facilities such as a small kitchen, living area and bathroom that allow the occupants to live in them independently from the main dwelling.
Ancillary dwellings cannot be sold independently of the main dwelling, unless subdivision or
survey strata approval has been obtained.
CAN I BUILD AN ANCILLARY DWELLING ON MY LOT?
Ancillary dwellings are only permitted in association with a single house (i.e. a green title property, or a survey strata lot with no common property).
DO I REQUIRE DEVELOPMENT (PLANNING) APPROVAL?
Development approval is not required for an ancillary dwelling where:
The R-Codes sets out the relevant deemed-to-comply requirements for ancillary dwellings as follows:
- Be located on the same lot as a single house;
- The lot area is at least 350m² (the Town’s Online Maps can be used to determine a lot area);
- Have a maximum floor area of 70m² (excludes storerooms, vehicle parking areas, services areas, eaves, stairs, balconies, verandahs, courtyards or roof terraces);
- Provide an additional car bay where the property is within Location B (i.e. more than 800m of a train station, or 250m from a high frequency bus route) and maintains the required car parking provided for the main dwelling;
- Is located behind the street setback line (for primary street, secondary street and right of way setbacks refer to Clause 1 – Setbacks of Buildings Generally of LPP25);
- Is designed to be compatible with the colour, roof pitch and materials of the main dwelling on the same lot (for additional design requirements applicable to ancillary dwelling in the instance where an Application for Development Approval is submitted to the Town refer to Clause 10 to 13 - Building Design and Clause 14 – Development Abutting Rights of Way of LPP 25);
- Provides the minimum open space and outdoor living area for the main dwelling (see table below and the Town’s Online Maps can be used to find the zoning of a property); and
| Zoning |
Outdoor Living Area (for the main dwelling) |
Open Space |
| R20 / R25 |
30m2 |
50% |
| R30 |
24m2 |
45% |
| R40 |
20m2 |
45% |
| R50 / R60 |
16m2 |
40% |
| R80 |
16m2 |
30% |
- The proposal is required to comply with all other R-Code provisions (for example visual privacy, boundary walls and boundary setback requirements) except for site area, street surveillance and outdoor living areas.
DO I NEED MY NEIGHBOUR’S APPROVAL?
Neighbour’s approval is not required to lodge an Application for Development Approval. The Town will assess the application, and if required the Town will consult with affected neighbours in accordance with Local Planning Policy 37 – Community Consultation on Planning Proposals. Examples of where neighbour consultation may be required include (but not limited to) variations to the R-Codes provisions relating to boundary setbacks, boundary walls, and visual privacy requirements.
IS ADDITIONAL CAR PARKING ON THE LOT REQUIRED?
The number of car parking spaces required on the lot is dependent on the distance the lot is from a high frequency bus route and/or rail route:
|
Location A*
|
Location B
|
|
No additional car bays are required
|
One (1) additional car bay to be provided for the ancillary within the property.
|
*Location A is any property that satisfies one the following:
- 800m of a train station on a high frequency rail route, measured in a straight line from the pedestrian entry to the train station platform to any part of a lot; or
- 250m of a high frequency bus route, or multiple bus routes that, if combined, have timed stops every 15 minutes during weekday peak periods (7 – 9am and 5 – 7pm), measured in a straight line from along any part of the bus route to any part of the lot.
If the property does not satisfy the above, then it is located within Location B.
HOW LONG DOES THE DEVELOPMENT APPLICATION PROCESS TAKE?
The Town has 60 days to determine the Application for Development Approval as stipulated in the Planning and Development (Local Planning Scheme) Regulations 2015, and if neighbour consultation is required the timeframe is extended to 90 days.
WHAT DEVELOPMENT FEES APPLY?
Please refer to the Town’s Planning Fees webpage.
CAN I FIND OUT IF MY ANCILLARY DWELLING REQUIRES DEVELOPMENT APPROVAL?
Yes, the Town offers a ‘Deemed-to-Comply’ check service that can confirm whether or not an Application for Development Approval will be required from the Town. Further information about the process including fees and application forms can be found here on the Town’s website.
WHAT INFORMATION DO I NEED TO PROVIDE WITH MY APPLICATION FOR DEVELOPMENT APPROVAL?
Please refer to the Application for Development Approval Checklist – Residential to ensure all the required information is submitted as part of your application.
You should include details of the following to assist the Town in their assessment of the application:
- The location of the additional car parking bay (if required) on the Site Plan;
- Written justification for variations to the deemed-to-comply requirements of the R-Codes and/or provisions of LPP 25; and
- Colour and Materials Schedule and annotations on the Elevations to demonstrate the ancillary dwelling is designed to be compatible with the colour, roof pitch and materials of the main dwelling on the same lot.
Further information about the process on lodging an Application for Development Application including development fee and application forms can be found here on the Town’s website.
Applications are to be lodged online, please visit the online lodgement page to register and lodge your application.
DO I REQUIRE BUILDING APPROVAL (BUILDING PERMIT)?
A building permit application for an ancillary dwelling is required to be submitted to the Town. The ancillary dwelling will need to meet the safety (structural and fire), health, amenity and sustainability requirements of the Building Code of Australia. Further information about the process on lodging a building permit including building application forms and checklists can be found on the Town’s website.
RATES AND GROSS RENTAL VALUE
Your rates are calculated based on the potential Gross Rental Value (GRV) of your property, which is determined by the Office of the Valuer General. They are responsible for the valuation and amendment of the GRVs of all Western Australian properties. The construction of an ancillary dwelling increases the potential rental value of your property. Upon issue of the Notice of Completion by the builder, The Office of the Valuer General revises the GRV and advises the Town’s Rates Department accordingly. The Town’s Rates Department will then issue an interim rating adjustment to your property via an interim notice that is payable within 35 days.
SERVICING
You may need to install new meters or sub-meters for electricity, gas or water, depending on how you plan to rent the ancillary dwelling. You should contact relevant gas and electricity distributors and the Water Corporation to understand the different option available and which one suits you best. You are also likely to need a licensed electrician or plumber to install any new services.