Buildings/extensions

Contributed by Harriet Ketley and current to 1 September 2005

Residential development in WA is currently regulated by the Town Planning and Development Act 1928 (WA). (Note however that the Planning and Development Bill 2004 is expected to come into force in 2005, and will replace the Town Planning and Development Act 1928). All houses must comply with the Residential Design Codes of Western Australia (R-Codes). The R-Codes were prepared by the Western Australian Planning Commission and came into effect on 4 October 2002. They are set out in a statement of planning policy under Section 5AA of the Town Planning and Development Act 1928.

The R-Codes are essentially standards for the control of development and are administered and enforced by local government, through town planning schemes. On the other hand, subdivision of land applications are dealt with by the WA Planning Commission: see further ENVIRONMENT AND PLANNING .

The R-Codes include limits on blockage of light from neighbouring homes, restrictions on the size of erections such as garages, and other limits on the impact on neighbours from overlooking and overshadowing caused by features such as balconies and decks.

Scaled drawings showing neighbours’ patios, big trees, views and the direction of breezes have to be submitted to council with some planning applications under the Code.

Where a proposal does not comply with the Code requirements and would, in the opinion of the Council, have the potential to adversely affect an adjoining property, adjoining owners should be given the opportunity to comment on the proposal.

Plans that do not meet all the new standards have to be put to a vote of councillors rather than being approved by council staff. Where a proposal complies with requirements, neighbours are generally not invited to comment although they may be informed of the nature of the proposals.

Enquiries concerning the application of the Codes within localities should be made to the relevant local government. Copies of the R-Codes can also be downloaded from the WA Planning Commission website: www.wapc.wa.gov.au/publications/rcodes/report.html. In any event, advice should be sought from the relevant shire or council as to what approvals are required before any building commences. For information on the town planning appeals scheme, see ENVIRONMENT AND PLANNING .