What is Clause 61A and what does it do?

Certain types of development are exempt from requiring development approval under clause 61 of the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015.

These exemptions include the construction of a new single house, or additions and alterations to a single house that meet the 'Deemed-to- Comply' criteria of Volume 1 of the Residential Design Codes (R-Codes), the Shire’s Planning framework that amends or replaces these criteria. More information on the R-Codes can be found at R-Codes Volume 1 2024 Mar2024

Clause 61A allows individuals (i.e. applicants or landowners) who are intending to either build a new single house or extend and/or renovate an existing single house to seek advice from their local government as to whether development approval is required for what they are proposing. This is referred to as a 'Deemed-to-Comply' Check. The intent of this check is to provide applicants with confidence on whether their proposal can proceed straight to a Building Permit, or if a Development Application is required.

Prior to Lodging a Building Permit

The Clause 61A Deemed-to-Comply check is highly encouraged for all Building Permit Applications for alterations and additions to existing single houses or new single houses, unless development approval has been granted.

Applicable development types

This process only applies to single houses and extensions or renovations to an existing single houses in the Residential, Residential Development, Special Residential No.1 and Special Residential No. 2 zones within the Shire of Bridgetown-Greenbushes.

Application Form

Form Clause 61A_Application Advice_March_2025

Fees

The Clause61A Deemed-to-Comply check fee is in accordance with the Shire’s Fees and Charges Schedule, being $295. Upon receipt of the check, the Shire will be in contact to arrange payment of the fee. 

Applying for advice under Clause 61A

Applications for advice under clause 61A within the Shire of Bridgetown Greenbushes must be submitted in writing via:

• Email: btnshire@bridgetownwa.gov.au (preferred);
• In person at the Shire’s Offices at 1 Steere Street, Bridgetown; or
• Post: PO Box 271 Bridgetown WA 6255

Advice Outcomes

Formal written advice will be provided after assessment, stating either:

•  the proposal is exempt from requiring development approval or
•  the proposal is not exempted from requiring development approval. This will include the reasons as to why, briefly outlining where and how the proposal does not meet the exemption criteria.

In the event that a development proposal does not meet the relevant exemption criteria, there are two options:

1.  A development application can be lodged with the Shire in which discretion can be sought for the development as proposed or
2. The plans may be amended and a new 'Deemed-to-Comply' Check may be lodged following changes to the design to address the areas of discretion sought.

Amended Plans and Revisions

Applicants are advised that the Shire will complete one (1) review of the submitted plans forming part of their 'Deemed-to-Comply' Check. The Shire will not complete assessments of multiple plans for a single 'Deemed-to-Comply' Check. This will require a new 'Deemed-to-Comply' Check each time, including the associated fee.

How long does the advice take?

The Shire endeavours to provide formal written planning advice regarding the assessment outcomes of all Deemed-to-Comply checks within 14 days from the date the application is formally accepted by the Shire, including payment and submission of the necessary information. There may be delays in providing advice regarding the construction of large single houses, or other complex proposals where further clarification is required.

The Shire takes no responsibility for delays associated with incomplete checks. If checks are received incomplete the proponent will be contacted and given up to 5 business days in which to provide any outstanding information, if this is not received in the required timeframe the check will be returned to the applicant as incomplete and will not be processed by the Shire. Should additional information be requested during assessment, the assessment timeframe will be paused until such a time as the additional information is received by the Shire.