Jump to a question
- What is public notification?
- What is the City's policy?
- What can I expect by lodging a submission on an application?
- What is appropriate to include in a submission and how should it be made?
- Will the applicant become aware of who made a submission?
What is public notification?
At the City’s discretion, or when required by the Local Planning Scheme No. 4 or the Deemed provisions of the Planning and Development (Local Planning Schemes) Regulations 2015, public notice will be given on planning proposals. In general, public consultation takes place when a proposed development contains a variation to policy or statutory criteria that is likely to impact nearby properties. Public notice may take the form of written notice being sent to surrounding owners and occupiers of land, notifying precinct groups, notification on the City's website, the holding of community information sessions, newspaper advertising and/or a sign being placed on site.
What is the City’s policy?
Public notification is not about shifting responsibility or jurisdiction away from council. Council’s policy aims to provide a balance between the need for the community to be informed of, and have reasonable opportunity for input into, planning proposals, and the administrative need to process planning proposals in an efficient manner, and within prescribed statutory timeframes.
At the City’s discretion or when required by the Local Planning Scheme No. 4, public notice will be given on planning proposals. Public notice may take the form of written notice being sent to surrounding owners and occupiers of land, notifying precinct groups, notification on the City's website, the holding of community information sessions, newspaper advertising and/or a sign being placed on site.
Standard applications are advertised for a period of not less than 14 days during which time written submissions on an advertised proposal are accepted by the City. Proposed local planning policies and significant applications are advertised for 28 days and scheme amendments, structure plans and detailed area plans are advertised for 42 days.
Please refer to council Local Planning Policy 1.3- Public notification of planning proposals for further details on when, how and why public notification is undertaken.
What can I expect by lodging a submission on an application?
Any written submission received by the City will be considered along with the proposal as part of the assessment process. The submissions received do not bind the City when making a decision. The City will acknowledge submissions within its legal responsibility and may act on a submission received taking into consideration the reasonable expectations and rights of both the submitter and applicant. All those who make submissions on a proposal will be notified of the final decision.
What is appropriate to include in a submission and how should it be made?
All submissions need to be made in writing, addressed to the planning services team and received by the advertised closing date. Submissions should be clear, legible and include your name, residential address, contact details and indicate to which property and/or proposal the submission relates. Submissions should relate directly to the advertised proposal and should address planning matters associated with the proposal being considered. Submissions that do not specifically address the planning merits of a proposal with relevant and factual comments may not be considered, or will be entitled of little weight.
The following list provides examples of comments that are not able to be considered:
- Management type issues, that is, how an activity or a business is conducted, or the possible behaviour of individuals/patrons/ customers.
- A possible effect on land value.
- Assumptions or hearsay.
- Judgments based on personal prejudices or bias. Examples include a dislike for the proponent or a dislike of any change.
- Issues that relate to religious beliefs, morals or ethics.
- Competition – an example being where a person considers there is an oversupply of a particular service and any additional service should not be permitted.
- Submissions may support, oppose or provide other relevant comments on a proposal.
Will the applicant become aware of who made a submission?
No. An opportunity to view documents, or provision of copies of submissions received during a public notice period will not be provided to any person, unless required by law. A written summary of the key issues raised in submissions will be provided to the applicant once only upon request in the case of an application for planning approval, a scheme amendment or structure plan. The summary will not include identification of the author/s of any submission
If works are taking place near you and you have not received notification of a proposed development, the most likely reasons are:
- The construction met all the statutory and policy requirements. Generally, when a development meets each criterion, the City has no authority to require changes to that criterion. For example, if an upstairs bedroom has a large window, the Residential Design Codes (R-Codes) states that the window should be set back at least 4.5 metres from a boundary to satisfy the visual privacy setbacks. If the window is set back this distance it is considered compliant under the R-Codes and the City has no ability to require that it be modified or set back further, regardless of what the window appears to be overlooking.
- Your property is outside of the notification area as shown in Local Planning Policy 1.3: Public Notification of Planning Proposals. Most of the time, notification is only sent to immediately adjacent properties and/or those across the street. Please see the above policy for further information.
- Your contact information on file at the City is incorrect. Notification is based on the most up to date information in the City’s records. If your contact information has changed and you have not updated it with the City’s Rates Department, you may not receive notification of planning proposals.
City of Fremantle
70 Parry Street, Fremantle
T 08 9432 9999
F 08 9430 4634