Clause 56 (1) and (2) (page 30 of the draft scheme) provide for development that is proposed not require a development approval. Clause 56(1) refers to Schedule 2 Clause 61 of the Planning and Development (Local Planning Schemes) Regulations 2015 (legislation.wa.gov.au) which lists current exemptions.
These include the demolition of most buildings, extensions, outbuildings, pergolas etc., installation of swimming pools, shade sails, water tanks, solar panels and, maintenance and repairs provided they are not at a heritage-protected place.
Additional development may be exempted in the final scheme.
The draft scheme includes a land use permissibility table (pages 14 and 15 of the draft scheme) that lists all uses and their permissibility. The table is specific to the unique situation of the Swan Valley and varies from the current land use table in City of Swan Local Planning Scheme No.17.
Land uses must fall into one of the five categories (page 16 of the draft scheme) summarised below:
the use is allowed without a development application if it complies with any relevant requirements
The use is only allowed if it is an incidental use (the use is secondary and smaller in scale than the main use) however any associated construction requires a development application
the use is allowed if a development application has been approved
the use is allowed if a development application has been informed by consultation prior to a development approval being issued
the use is not permitted (the use is prohibited)
For more information relating to the ‘I’ category, scroll down to the FAQ on Incidental Uses.
Yes. A vineyard is proposed to fall within the definition of ‘agriculture – intensive’ and be allowed as a permitted use in both the proposed Priority Agriculture and Swan Valley Rural zones.
The definition of ‘agriculture – intensive’ also includes the production of vegetables, flowers, exotic or native plants, fruit or nuts, plant or fruit nurseries, and irrigated fodder, pasture and turf. This range of agriculture facilitates diversity, choice and options for different land capabilities across the Swan Valley.
Yes. If the proposed equine use does not involve permanently employing a person who is not a member of the occupier’s household, the rearing, agistment, stabling and training of animals is proposed to be allowed as a permitted use in Priority Agriculture and Swan Valley Rural zones. In this case, the equine use is within the definition of a ‘rural pursuit/hobby farm.’ However, a development approval is required in the Rural Residential zone.
If the equine use is proposed to be commercial and/or employ person/s who are not members of the occupier’s household, it is called an ‘equestrian facility’ and will require development approval in the Priority Agriculture and Swan Valley Rural zones. In the Rural Residential zone, an ‘equestrian facility’ requires a development approval and the notification of owners and occupiers of land in the vicinity likely to be affected by the development.
The definition of an ‘equestrian facility’ is “land and premises used for the commercial agistment, training or exercising of horses, or the training of riders, drivers, jockeys and others in the care of horses or horsemanship, and may include permanent employment of persons who are not members of the occupier’s household.”
Yes. Under the draft scheme, a ‘rural pursuit/hobby farm’ is defined as “any premises, other than premises used for agriculture (extensive or intensive), that are used by an occupier of the premises to carry out any of the following activities if carrying out of the activity does not involve permanently employing a person who is not a member of the occupier’s household -
a. the rearing, agistment, stabling or training of animals
b. the keeping of bees
c. the sale of produce grown solely on the premises.
A rural pursuit/hobby farm is proposed to be allowed as a permitted use in the Priority Agriculture and Swan Valley Rural zones. In the Rural Residential zone, the use requires a development approval.
The land use terms listed in the land use permissibility table are directly linked to the definitions in the draft scheme (Schedule 1 of the draft scheme on pages 35–48).
Draft land use term definitions were prepared in consideration of model scheme provisions, other local planning schemes and the current provisions of the City of Swan Local Planning Scheme No.17 with a focus on rural, tourism and hospitality land use in the Swan Valley.
Below is a summary of the reasoning behind several new and modified terms and definitions adapted to the Swan Valley:
Aquaculture is usually included in the definition of agriculture – intensive in local planning schemes along with the growing of grapes, vegetables, flowers, plants, fruit, nuts and irrigated fodder and pasture – all of which are encouraged in the Swan Valley. Aquaculture, on the other hand is not, so is separated into its own term and generally prohibited throughout the Swan Valley (pages 14 and 38 of the draft scheme).
The term ancillary dwelling is proposed to be separated into two definitions in the draft scheme. An Ancillary Dwelling will refer to the same type of dwelling as in City of Swan Local Planning Scheme No.17 (defined in the R Codes) but will not apply to the two main rural zones. A new land use definition – rural ancillary dwelling is proposed for the Priority Agriculture and Swan Valley Rural zones. It is proposed to allow for a larger ancillary dwelling (up to 100m2) to reflect the larger lot areas of the two zones (pages 14, 15, 39 and 46 of the draft scheme).
The term brewery has been renamed brewery, cidery or distillery to ensure that the three uses are identified and treated in the same way in the Swan Valley (pages 14 and 39 of the draft scheme). The use is proposed only to be allowed if secondary to a main use (e.g. agriculture).
The proposed definition of café includes a maximum lettable area of 100m2 to ensure that new café proposals are low key and a secondary use in the Priority Agriculture zone. In the Swan Valley Rural zone, a café can be proposed as the main use of a property (pages 14 and 40 of the draft scheme).
The definition of food and beverage production is proposed to be modified in the draft scheme to better reflect the type of food and beverage production suited to the Swan Valley by discouraging industrial level manufacturing activities. It must not affect rural amenity, must include an area for the sale, sampling and consumption of the produced food/beverage onsite and be secondary to a main use onsite (e.g. agriculture) in the Priority Agriculture and Swan Valley Rural zones (pages 14 and 41 of the draft scheme).
Similarly, the definition of a restaurant is proposed to have a net lettable area of more than 200m2 to reflect that the use is of a larger scale than a café. The use must be secondary to a main use (e.g. agriculture) in the Priority Agriculture zone however may be the main use of the land in the Swan Valley Rural zone subject to consultation on a development application (pages 15 and 45 of the draft scheme).
The draft scheme proposes a new development and land use in the Swan Valley called a wayside stall (pages 15, 48 and 56 of the draft scheme). Like a traditional roadside stall historically located by the side of a road in market garden and agricultural areas around the world, the main difference is a wayside stall is located entirely on private property. The concept is intended to provide a low key option for selling produce grown on a Swan Valley property while adding interest for visitors and tourists.
The proposed definition of a wayside stall is “a stand, vehicle or other temporary structure located on private land which offers for sale to the general public produce or commodity grown and produced on the land.”
Takeaway outlet is introduced as a term to allow for small scale take away businesses without a facility for drive-through service and a net lettable area of less than 100m2 in the Village and Enterprise zones. It is intended to cater for family businesses such as a fish and chip shop or bakery that is consistent with the rural character of the Swan Valley. A fast food outlet is proposed to be prohibited in all zones (pages 14,15, 41 and 47 of the draft scheme).
Any land use that is lawfully approved (e.g. under City of Swan Local Planning Scheme No.17), and currently operating in the Swan Valley, may continue to operate once the new scheme comes into effect. The same applies to any valid development and land use approval that has not expired including development and land use that is proposed to become prohibited under the new scheme. This is known as a non-conforming use (page 18 of the draft scheme).
Provided the development and land use continues and complies with any conditions of approval, it may permanently continue to operate.
If the land use ceases to operate for six months or longer, it will no longer retain its non-conforming use right and any future use will need to comply with the Swan Valley Planning Scheme.