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A written planning advice application allows you to request formal, written guidance on specific planning-related matters. This service provides clarity on issues such as land use, development requirements, and other planning considerations, helping you to make informed decisions for your project.
Types of planning advice requests
Following are examples of written planning advice requests:
- Compliance letters for family day care, home office, and home occupation proposals.
- Temporary use of sea containers.
- Requests for variation/extinguishing a restrictive covenant.
- Temporary use of portable illuminated variable message boards.
- Other relevant requests.
Varying a restrictive covenant on a title
A restrictive covenant is an agreement between two parties that restricts the use of land owned by one of those parties, for the benefit of another party. A restrictive covenant is noted on the Certificate of Title for the land.
The City can assist with the varying or removing of a restrictive covenant where that covenant limits the number of houses (dwellings) to a lesser number than may be permitted on a site by the Residential Design Codes. For example, a restrictive covenant may limit the number of houses to one, but based on the lot size and density code or granted subdivisional approval, the lot could accommodate more than one.
Upon receiving an application, the City will assess this information. If there is a clear inconsistency between the restrictive covenant and how many houses can be developed on your lot, the City will issue you a letter addressed to Landgate to this effect. You will then need to apply to Landgate to remove or amend the restrictive covenant.
Other restrictive covenants may be varied or extinguished in certain circumstances however, the City is not involved in this process. Further advice may be sought from Landgate.
How to apply
More information and contact
For more information on applying for written planning advice, contact the City's Planning Services team on 9400 4000 or via info@joondalup.wa.gov.au.
Please note:
- If your enquiry exceeds the limits of written planning advice, the City will direct you to alternative sources for the information you need.
- If your request doesn't pertain to planning, it will be forwarded to the appropriate department, and you'll receive a refund for your application fee.
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