Planning Applications

Short Term Accommodation

Applying for Short Stay Accommodation - Customer Checklist

In accordance with Shire of Esperance Local Planning Scheme No. 24, Development Approval is required prior to commencement of use for all Short Term Accommodation.

A Change of Use application fee of $295.00 applies (triple for an unauthorised land use).

Short Term Accommodation ican generally be defined in one of three ways - a Holiday Home, a Bed & Breakfast or AlternativeShort Term Accommodation.

A Holiday Home:

• all of a dwelling is to be offered for short term rental; and
• there is no provision of food; and
• there will not be a Property Manager or owner onsite.

A Bed and Breakfast:

• only part of the property is to be rented; and
• there is provision of food; and
• there will be a manager or owner onsite.

Alternative Short Term Accommodation:

• only part of the property is to be rented; and
• there no provision of food; and
• there will be a manager or owner onsite.

For a Holiday Home application you will need to provide the following:

A completed Application for Development Approval form which includes:

• An electrical safety certificate demonstrating compliance with the provisions of the Building Code of Australia;
• A floor plan of the dwelling showing placement of smoke alarms. Please note smoke alarms must be placed in all bedrooms as well as any hallway leading to a bedroom;
• Suppose you are in a bush fire prone area, as designated by the Department of Fire and Emergency Services. In that case, you must provide a Bushfire Attack Level (BAL) Assessment undertaken by a qualified BAL Assessor. Please note that areas that are classified as BAL40 or BALFZ will not be approved as a short-term accommodation providers;
• Details of any signage (maximum of 0.2 square metres) proposed to be erected as part of the application, as found on the back of the Application for Development Form;
• A completed Property Management Plan;
• Non-objections from all surrounding land owners where you share a wall or boundary or from the Strata Management committee or body as applicable (if Shire officers need to contact the adjoining landowners, a $170 advertising fee may be triggered);
• A Fire and Emergency Response Plan (a floor plan of the dwelling showing evacuation routes, location of fire extinguishers and fire blankets, and the location of any first aid kits); and
• Details of the proposed maximum number of guests.

For a Bed and Breakfast or Alternative Short Term Accommodation, you will need to provide the following:

A completed Application for Development Approval form, which includes:

• An electrical safety certificate demonstrating compliance with the provisions of the Building Code of Australia
• A floor plan of the dwelling showing the placement of smoke alarms. Please note smoke alarms must be placed in all bedrooms as well as any hallway leading to a bedroom;
• Suppose you are in a bushfire prone area as designated by the Department of Fire and Emergency Services. In that case, you must provide a Bushfire Attack Level (BAL) Assessment undertaken by a qualified BAL Assessor. Please note that areas that are classified as BAL40 or BALFZ will not be approved as a short-term accommodation providers;
• Details of any signage (maximum of 0.2 square metres) proposed to be erected as part of the application, as found on the back of the Application for Development Form;
• A detailed floor plan of the dwelling showing the areas to be rented out;
• A cover letter detailing the proposed land use;
• A site plan of the property showing the location of three car parking bays (two for the use of land as a dwelling, plus one for guests).
• Additional requirements for Bed and Breakfast applications where food is supplied are subject to confirmation from our Health Officers.

The following additional requirements may also apply depending on the specific nature and location of the proposed accommodation:

• A Building Permit and/or Occupancy Permit
• A Certificate of Building Compliance issued by a Registered Private Building Surveyor as evidence that the dwelling in question complies with the applicable technical aspects of construction under the current Building Code of Australia and associated  Australian Standards.
• Laundry facilities must be provided to all guests. Applicants may need to install a second washing machine and/or wash trough.
• Where a Swimming Pool or Spa is present, it will need to comply with all current safety, building and health standards.

Aquatic Facilities at temporary, short stay or holiday accommodation

Due to policy changes by the Department of Planning, Lands and Heritage (Western Australian Planning Commission), a change of use application (including application fee) must be submitted to convert a Holiday House back to a Single Dwelling unless approval was originally granted for multiple land uses on a property (e.g., allowing the use of a property for both a Single Dwelling and a Holiday Home).

Both Development Approval and any applicable Building or Health Permits must be obtained prior to commencement of use. If use commences before all applicable approvals are granted by the Shire of Esperance, penalty rates will apply.

Holiday House Review 2022

The Shire of Esperance recently consulted with stakeholders and the wider community on regulations regarding short stays or holiday houses within the Esperance region.

With over 230 submissions, the Consultation Outcomes Report found mixed levels of support for increased regulation of Holiday Houses in Esperance. Among other findings, the most substantial level of support was for more robust sector governance, which was broadly supported across all stakeholder groups.

The Council has requested that the CEO prepare a report noting how each option would be managed, what resources would be needed, and other implications. This report will be presented to the Council by the end of 2022.

Holiday Houses - Consultation Outcomes Report.

Subdivision Applications

The Western Australian Planning Commission (WAPC) is the State Government authority with the ultimate control over the processing and determination of subdivision within WA. All subdivision applications within the Shire of Esperance local government area are referred to the Shire for comment only, while the Planning Commission makes the Final Determination in each instance.

For general advice or assistance, please contact Planning Services at (08) 9071 0676, email shire@esperance.wa.gov.au, or visit the Shire Administration Centre on Windich Street.

Development Assessment Panels

Development Assessment Panels (DAPs) deal with planning applications that exceed $2 million in estimated costs, where an applicant opts in. It should be noted that the Shire of Esperance can deal with all of these applications.

Though the Shire of Esperance receives and assesses DAP applications for proposals within Esperance, the members of the Regional  Joint Development Assessment Panel (JDAP), not the Esperance Council, make the final decision on approval or refusal. Council (or a delegated City officer) makes a recommendation to the DAPs, but the DAPs do not have to adhere to the recommendation.

The Regional JDAP comprises five panel members, three specialist planning members and two local government councillors. For more information about DAPs, please visit the Western Australian Planning Commission website.

DAP Assessment applies to the following Development Applications:

1. Where the estimated development cost is $2 million or more, an applicant can choose to "opt in" or not.
2. Development valued at $5 million or more may opt-in to the new Part 11b Significant Development Pathway.

Regional Joint Development Assessment Panel Minutes

RJDAP/9 – 17 July 2020

RJDAP/16 - 2 December 2020