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Planning exemptions

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.