Address and application assistant and planning exemptions

This page provides information about planning exemptions and our address and application assistant where you can find address details and relevant applications for all types of projects including residential, commercial, or business. Plus, our Deemed-to-Comply check gives you the confidence that your proposal is ready for a building permit. 

Minister for Planning - Notice of Exemption from Planning Requirements during State of Emergency.

The Planning and Development (Local Planning Schemes) Amendment Regulations 2020 gazetted on 3 April 2020 introduced a new Part 10B to the Deemed Provisions in Schedule 2 entitled ‘Exemptions from planning requirements for state of emergency’. The Amendment Regulations enables the Minister for Planning to issue notices exempting the need for compliance with one or more requirements of a local planning scheme. 

A Notice of Exemption (“Notice”) dated 8 April 2020 was signed by the Minister for Planning and is required for the purpose of facilitating a response to, or recovery from, the emergency occasioned by the COVID-19 pandemic. 

The Notice provides 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 will remain in effect until 90 days after the end of the State of Emergency. 

The exemptions remove any 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. 

The Department of Planning, Lands and Heritage’s (DPLH) website provides an Overview of the State of Emergency Planning Changes, the signed Notice of Exemption by the Minister for Planning dated 8 April 2020, Frequently Asked Questions and template letters that Proponents could send to notify adjoining impacted neighbours. 

For more information, please refer to the DPLH’s State of Emergency planning changes webpage.

How to notify the City of Stirling?

The Notice requires Proponents to notify the Local Government of a use that is commencing and/or if temporary works are being undertaken within 7 days of the use commencing and/or the works being undertaken.

If you are a Proponent wishing to notify the City of Stirling of a use that is commencing and/or if temporary works are being undertaken, under the conditions of the Notice, please notify the City via email: planningexemptions@stirling.wa.gov.au
 

What information does the City of Stirling need from you?

In your notification to the City, please provide the following information:

  • Your name, property address and contact details, including telephone number, postal address and email address, so that we can record the correspondence and contact you in future
  • The relevant Clause in the Minister’s Notice that you are referring to for the purpose of planning exemption/s
  • The description and location of the temporary use and/or works, so that we can review this against any other permits or applications submitted to the City in relation to the temporary use and/or works. Although the use and/or works may be temporarily exempt from requiring development approval, other permits or approvals may be required via the City’s Building, Environmental Health, Verge Control or Parks and Sustainability teams.

How does the City acknowledge the exemption notification?

The City will provide a formal written acknowledgement within 7 business days. When it’s not possible to respond within 7 business days, we will keep you informed and advise when you can expect to receive a written acknowledgement.

How to notify adjoining neighbours?

Changes that result from the Notice of Exemption may impact neighbours. For example, some businesses can now operate within residential areas.

The City encourages business owners/operators to notify adjoining neighbours about any relevant changes to their residence, and intention to operate a business, to avoid any misunderstanding or negative response. 

The DPLH has prepared draft letters that can be adapted to suit individual circumstances to assist with this communication. Please refer to the DPLH’s webpage for more information.

How long does the Temporary Exemption Period last?

These exemptions will remain in effect until 90 days after the end of the State of Emergency. At the end of this timeframe, if you wish to continue to operate the temporary use and/or wish for the temporary works to remain as constructed, development approval will be required to be obtained. It is the proponent’s responsibility to ensure that all necessary approvals are obtained.

If you have notified the City to utilise the exemptions in the Notice, the City intends to contact you as a courtesy at the end of the State of Emergency period to remind you of the requirement to cease operation and/or remove the temporary works or to obtain the necessary approvals. 

How do I find out more?

If you have any questions regarding the requirements or conditions of the Notice, please contact the City’s Development Services - Planning team via the Contact Centre on (08) 9205 8555.

Address and application assistant

The Address and application assistant can help you gather most information and application packs relevant to your residential, commercial or business development project based on your property address.

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How the assistant works

You will be guided through a 3-step process to find the applications you'll need.

Step 1

Search the City

Search for a property by an address, business type or a zone.

Step 2

Provide basic details

Answer a few short questions to help us find the relevant approvals you may need

Step 3

Find applications

You'll be provided with the relevant forms and applications so you can be on your way.

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Please note that any advice provided in this questionnaire is for use of a general nature only and is not intended to be relied upon as, nor to be a substitute for, specific professional planning advice. No responsibility for loss occasioned to any persons acting on or refraining from action as a result of any general planning advice is accepted by the City.

Deemed-to-comply checks

The intent of a deemed-to-comply check is to provide applicants with confidence that their proposal can proceed straight to building permit. 

What is a deemed-to-comply (DTC) check?

A ‘deemed-to-comply’ check allows landowners and/or applicants to seek written advice from their local government as to whether development approval is required for what they are proposing. The 'deemed-to-comply' check covers additions and renovations to single houses and grouped dwellings and also includes a check for new single houses and up to two grouped dwellings.

This is a voluntary process and the intent of this check is to provide applicants with confidence that their proposal can proceed straight to a building permit.

  • Clause 61A of the Deemed Provisions in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 allows for landowners and/or applicants to seek written advice from the Local Government to assess and confirm that the works proposed are exempt from development approval and can proceed straight to a building permit.

    Additions up to and including Single Houses are exempt from development approval provided they meet the deemed-to-comply criteria of the R-Codes and any relevant local planning policy.

    A deemed-to-comply check can be lodged for:

    • Deemed-to-comply check for minor works to a single house ($73.00):
      • Patio
      • Front fence
      • Outbuilding
      • Site works/retaining walls
      • Ancillary dwelling (Granny flat)
      • Carport.
    • Deemed-to-comply check for works to a single house ($295.00):
      • Garages
      • Any extension/addition to a single house
      • Erection of single house.

    Once the application is accepted and lodged, advice of the outcome will be provided within 14 calendar days.

    Document nameDownloadable files
    Deemed to Comply Check Application Form - single house(PDF)
  • The City’s Local Planning Policy 6.15 Exemption from Requiring Development Approval exempts up to two grouped dwellings on a parent lot and/or additions, extensions and renovations to an existing grouped dwelling, provided they meet the deemed-to-comply criteria of the R-Codes and any relevant local planning policy.

    A deemed-to-comply check can be lodged for:

    • Deemed-to-comply check for minor works to a grouped dwelling ($73.00):
      • Patio
      • Front fence
      • Outbuilding
      • Site works/retaining walls
      • Carport.
    • Deemed-to-comply check for works to a grouped dwelling ($295.00):
      • Garages
      • Any extension/addition to a grouped dwelling
      • Erection of up to two grouped dwellings.

    Once the application is accepted and lodged, advice of the outcome will be provided within 14 calendar days

What does a deemed-to-comply check do?

The advice will state either that:

  • The proposal is exempt from development approval and the proposal can proceed straight to a building permit
  • The proposal is not exempt from development approval, including an outline of where and how the proposal does not meet the deemed-to-comply criteria of the R-Codes and any relevant local planning policy.

How long does a deemed-to-comply check take?

An administration check will be carried out upon receipt of the application form. You may be asked to provide more information before the application is accepted and lodged.

Once the application is accepted and lodged, advice of the outcome will be provided within 14 calendar days.

After I receive advice from the City can I submit additional plans?

Yes, you can submit new plans for consideration to the City via a new deemed-to-comply application. A new application fee ($73.00 or $295.00) will be applicable for every application submitted to the City.

I have received advice from the City that my plans are exempt, what do I do next?

Customers who receive advice that their plans do not require development approval, can proceed to submitting a building permit for the works. It is required that you include your deemed-to-comply check confirmation letter and plans with your building permit to speed up the assessment of the permit.

What happens next if my proposal is not exempted?

If your proposal is not exempt, the following options are available:

  • You can lodge a development application
  • You may amend your plans to address the areas of non-compliance and submit a new deemed-to-comply check application
  • You may amend your plans to address the areas of non-compliance and submit for a Building Permit.

What documents do I need to submit a deemed-to-comply check application?

Please provide the following documents in the application of deemed-to-comply check:

  • Deemed to Comply Application Form:
  • A site plan or plans showing the following:
    • Location of the site including street names, lot numbers, north point and site dimensions
    • Existing and proposed ground levels of the site Location, height and type of all existing structures and environmental features
    • Structures and environmental features proposed to be removed
    • Existing and proposed means of pedestrian and vehicle access for the site
    • The location, number, dimensions and layout of all car parking spaces
    • The nature and extent of any open space and landscaping proposed for the site.
  • Floor plans and elevations of any building proposed to be erected or altered, and any building that is intended to be retained.
  • Pre-calculation plan - a diagram of indicative lot boundaries and sizes, including common property (for grouped dwellings only).

How to lodge a deemed-to-comply check application?

The deemed-to-comply check application can be via one of the below options:

  • eLodgement services on the City of Stirling website lodge an application, lodge it as a development application category and put the description as Deemed to comply check;
  • In Person at the City’s Administration Centre at 25 Cedric Street, Stirling WA 6021
  • Or a hard copy via post/courier.

Application forms can be found here, on the planning checklists and information sheets page.