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Development Application Condition Clearance

When Development Approval has been issued, it typically comes with a list of conditions. A number of these conditions are required to be addressed, to the satisfaction of the City, prior to the commencement of construction or prior to occupancy of the building. The process of addressing the requirements of a planning condition is often called clearance of conditions.
 
This page provides information to help you, clear the conditions of development approval in an efficient and timely manner. For information about clearing the conditions of subdivision approval please refer to Subdividing Or Amalgamating Your Property.  

About Conditions of Development approval

When development approval is granted, by the City of Melville or by another decision maker such as the Joint Development Assessment Panel (DAP) or a state government agency, it typically comes with conditions. The purpose of these conditions is to ensure that the development is constructed and is maintained in a manner that is consistent with the original approval. The City of Melville is responsible for clearing conditions relating to development approvals granted by us or by the JDAP. State government agencies are generally responsible for clearing conditions of the approvals they issue.
 
Conditions of approval can cover a range of matters including the retention of trees or the provision of additional information such as a detailed landscaping plan, schedule of colours and materials, or a construction management plan. The number and type of conditions generally relates to the size and complexity of the development.
 
Conditions of approval generally fall into three categories:
 
  • Prior to commencement – these need to be cleared before any work, including demolition occurs on site;
  • Prior to occupation -these need to be cleared before the building is occupied;
  • Ongoing – these are required to be met on for the lifetime of the development.

Request for clearance of conditions

 A request for clearance should be sent to pbadmin@melville.wa.gov.au and contain the following information:
 
  • A completed Clearance of Development Conditions matrix, outlining each of the conditions for which clearance is sought;
  • Any drawings or supporting information required by the condition of approval.
  • If you are not seeking clearance of all relevant conditions, a cover letter should be provided detailing when the remainder of the conditions will be cleared.
 
The City would appreciate it if clearance details are submitted together where possible as it consolidates the process to one assessment, inspection (if necessary), and clearance letter. Multiple submissions are possible, but decrease our efficiency via process duplication. The City reserves the right to charge an additional fee where multiple submissions are received for the same site.
 
If you are unsure as to what information is required to clear your condition of approval, you can speak to one of our planning officers either on the phone, 9364 066 or in person at 10 Almondbury Road, Booragoon during business hours, 8.30am – 5:00pm Monday to Friday. If you plan to come to the City, we recommend you make an appointment first to ensure an officer is available.
 

What happens with my request?

Applicants will receive an acknowledgement email after submission. Your application will undergo a preliminary check by our administration team and following this may include a request for additional information or details. Once the application requirements have been met, you will be advised that your application has been accepted.
A Statutory Planner will review the information required to ensure it meets the conditions set out in the relevant Development Approval. If the information provided requires a review or input from one of the City’s service areas this will be facilitated as part of the process. Once it has been determined that the information is sufficient, a letter confirming clearance of conditions will then be issued.
 

Frequently Asked Questions (FAQs)

What happens if I don’t comply with the conditions of development approval?
A development approval is a legally binding document. That is, they are issued under the Planning and Development Act 2005 and the relevant local planning scheme and are enforceable by the City under the legislation. This means that if an approval is acted on, complying with conditions is a statutory obligation and non-compliance is an offence.
 
While the City would always hope to avoid taking legal action by working together, non-compliance with a condition(s) is an offence and can have financial and legal consequences. For further information please refer to Planning and Building Compliance which outlines how we deal with compliance matter.
 
Can I make multiple requests to clear conditions?
The City would appreciate it if clearance details are submitted together where possible as it consolidates the process to one assessment, inspection (if necessary) and clearance letter. Multiple submissions are possible, but decrease our efficiency via process duplication. The City reserves the right to charge an additional fee where multiple submissions are received for the same site.
 
How long will the process take?

Please allow, on average, approx. 30 working days for processing to occur. 

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