The development control function regulates land use and development to ensure that all land use and development takes place at an appropriate time and place and in a form and manner that conforms to a pre-determined set of policies or standards.
It is not about stopping development or to make life difficult for developers or builders. Instead, its primary purpose is to ensure the orderly and rational development of land to create sustainable human settlements that accommodate a variety of land uses to meet the needs of the people who live in these settlements.
It seeks to achieve this by ensuring that development:
- is appropriately sited, in order to ensure minimal adverse impacts and effects upon neighbours and within the surrounding locality, and is not located in high-risk areas susceptible to flooding, tsunamis, storm surge etc
- is adequately serviced or supported by the provision of necessary facilities (eg. onsite car parking,
- effluent disposal) and infrastructure (access roads, drainage, water supply, power supply,
- telecommunications, etc); and
- respects highly-valued and significant natural areas and culturally and historically significant places.
Development control is a statutory function largely enacted through a prescribed land use/development approval process whereby proponents submit applications for their land use/development proposal for determination by the approval authority. Those responsible for exercising that function, have a duty and obligation to ensure that the use and development of land occurs (and is necessarily enforced) in the manner and limits prescribed.
Similarly, it is incumbent upon – and a legal obligation of – the registered proprietor or custodian of land the subject of a land use/development approval to ensure that the approved use/development occurs in the manner and limits prescribed.
In determining whether to grant land use/development approval, an application is assessed and evaluated in two ways:
- its land use capability and suitability; and
- its intended physical form, scale, and character of existing and proposed use/development thereon.
In assessing land use capability and suitability, the following criteria is generally applied:
- land use designation (scheme reservation/zoning)
- type and nature of use, and its permissibility under any prevailing legislative regime
- compatibility with existing and surrounding land use/development
- likely amenity impacts (eg. noise, air or other pollution and emissions)
- processes to be engaged in the conduct or carrying out of the use/development
- effect on local traffic movement
- effect on existing or proposed public services and/or physical or social infrastructure
- proximity to environmentally-sensitive areas (eg. foreshores, wetlands, mangroves etc)
- conformity with adopted or approved regional and local plans, strategies, policies etc
The physical characteristics of the subject land and surrounding land, such as topography, geology and soil type, vegetation cover, and drainage patterns etc are also important considerations in assessing/evaluating proposals. The impact of land use/development on these elements however is largely addressed when formulating zoning schemes and plans or land use structure plans beforehand.
Development Control in Carnarvon
The use and development of land within the Carnarvon Shire is primarily regulate and controlled through two (2) town planning schemes.
Town Planning Scheme (TPS) No.10 (gazetted 26 February 1988), regulates the use and development of all that land contained within the gazetted Carnarvon townsite and its immediate surrounds.
Town Planning Scheme (TPS) No.11 (gazetted 11 August 1995), regulates the use and development of the balance land contained within the Shire, including the holiday settlement of Coral Bay. However, it excludes Bernier and Dorre Islands, situated approximately 50-60 km offshore west of the Carnarvon townsite.
Both schemes comprise a set of maps that allocate spatially all land within each respective scheme area into broad land use designations or categories known as scheme reserves and zones. As a rule of thumb, scheme reserves apply to Crown land that has been set aside for specific public or community purposes. Zones generally apply to freehold land (ie. land in private ownership) and may allow a class or types of uses thereon considered compatible with the zone purpose and objectives.
The text accompanying each set of scheme maps (ie. the scheme text) essentially sets out which classes or types of land uses are permissible under each zone, the way in which they can be physically and spatially arranged, and the process by which it is to occur.
To view either scheme please click on the links below:
Both schemes are also available for viewing at the Shire Office.
Council’s development control function also includes building regulation, where the primary role and focus is ensuring the structural adequacy and energy-efficiency of new buildings and structures, and the refurbishment, redevelopment and/or extension of existing buildings and structures. This function is primarily enacted through the Local Government (Miscellaneous Provisions) Act 1960 and the Building Regulations 1989.
The Building Code of Australia (BCA) is the primary instrument by which the structural adequacy and energy-efficiency of buildings and structures is assessed.
Generally, approval pursuant to the above Act and Regulations for building on land within the municipality will not be granted until land use/development approval – where required by either scheme 10 or 11 – has been granted.