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Planning on building a patio, pergola or vergola, or adding a shade sale to your property? Find out when you require planning or building approval, and how to apply.

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Definitions

  • Patio: An unenclosed structure with a roof cover that is non-permeable to water, which may be attached to or detached from a building.
  • Pergola: An open-framed structure covered in a water permeable material or operable louvred roofing, which may or may not be attached to a dwelling. This includes shade sails.
  • Vergola: An open-framed structure with a roof cover made out of adjustable louvers.*

*A vergola is considered as a patio under the Building Act 2011, therefore, it is subject to the requirements applicable to a patio under the Building Act 2011 and under the applicable planning legislation, e.g. the Residential Design Codes (R-Codes) or LPS4.

Note: The above definitions are In accordance with clause 1.7.1 of the Shire’s Local Planning Scheme No.4 (LPS4).

Do I need Planning Approval?

Planning approval is required in the following circumstances:

  • Not exempt from Planning Approval as no specific provisions exist for such work under LPS4, and no specific 'Deemed to Comply' provisions under R-Codes apply (not defined to be a building under the R Codes therefore the setback and height provisions, amongst others, cannot be applied). Such work is assessed on case by case basis having regard to matters such as the potential visual impact on adjoining properties and (where applicable) the streetscape, and the area’s character.

Important note: Regardless of whether Planning Approval is required, or not, a Building Approval may also be required. 

Structure Type Residential Site Rural Site Industrial/Commercial Site
Patio Yes if non-compliant with the deemed-to-comply provisions of the R-Codes or (where applicable) a Local Development Plan, and/or if the site is on the Shire's Heritage List. Yes if non-compliant with any LPS4 provisions and/or the site is on the Shire's Heritage List. Yes if non-compliant with any LPS4 provisions and/or the site is on the Shire's Heritage List.
Pergola (and shade sails) * Yes Yes Yes
Vergola Yes if non-compliant with the deemed-to-comply provisions of the R-Codes or (where applicable) a Local Development Plan, and/or if the site is on the Shire's Heritage List. Yes if non-compliant with any LPS4 provisions and/or the site is on the Shire's Heritage List. Yes if non-compliant with any LPS4 provisions and/or the site is on the Shire's Heritage List.

How to apply for Planning Approval

The planning application includes:

  • A completed Planning Approval Application form
  • A copy of the property’s current Certificate of Title which can be obtained from Landgate
  • The Planning application fee (refer to Fees Schedule)
  • A site plan drawn to a 1:100 or 1:200 scale showing:
    • All existing and proposed buildings/structures
    • Details of the proposed finished ground level (if to remain unchanged, please state this on the plans)
    • The proposed setbacks of the building/structure from the nearest boundaries and (if applicable) effluent disposal system/leach drain. The Shire may have a copy of a site plan on record for the property which you could use. Refer to Request Building Plans
  • Elevations drawn to a 1:100 or 1:200 scale showing:
    • The side and rear of the proposed building/structure
    • Its dimensions
    • The proposed finished ground level (if to remain unchanged, please state this on the plans).
  • If applicable, written justification as to why any proposed variations to the requirements under the R-Codes or LPS4 should be supported by the Shire.

Important notes:

  • Other information may also be required in addition to the above depending on the scale and nature of the proposal and the location of the property.
  • It is strongly recommended that prior to preparing any plans that you discuss the proposal with Shire Officers.  This would allow for any potential issues to be identified early on. 

Find the zoning of your property

The zoning of a site can be found using the Shire's online mapping.

View R-Codes and LPS4

These documents can be viewed on the wa.gov.au website:

Find out if a property is heritage listed

View the Shire's Heritage page to view the Heritage List.  

More information and contact

For further information or assistance, please contact the Shire's Planning department on (08) 9290 6740 or email shire@mundaring.wa.gov.au.