Written planning advice, restrictive covenants

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

Prepare a covering letter that outlines the nature of your business activity or the specific nature of your request. Include any important information that supports your application, ensuring clarity on your project's scope and intent.

Collect and prepare copies of all relevant site and floor plans. These are essential documents that assist in the accurate assessment of your application, detailing the physical layout and proposed modifications or construction.

Please note additional requirements that apply to the following:

  • For restrictive covenant variations: Include a copy of the Certificate of Title and Restrictive Covenant documentation.
  • For sea containers: Include a site plan indicating where the sea container will be placed, along with the purpose of its temporary use, placement and collection dates (not to exceed 12 months), and the container's dimensions.
  • For Illuminated variable message boards (VMB): Include a site plan that shows the planned location of the VMB, along with its dimensions, the content to be displayed, and the duration of its presence on the property (not to exceed 14 days in a 12 month period).

Choose your preferred method below and remember to submit your covering letter and plans along with the application form:

Alternatively, you can download and complete the application form below and submit it:

  • In person: at the City of Joondalup Administration Centre, located at 90 Boas Avenue, Joondalup.
  • By mail: to the City at PO Box 21, Joondalup WA 6919.

Application for Written Planning Advice Form (PDF)

An application fee of $73.00 is required at time of application.

Payment details for each type of lodgement is provided below:

  • Online: An invoice with payment instructions will be sent to you via email.
  • In-person: Payments can be made at the City’s Administration Centre using cash, cheque, EFTPOS, or credit card. Please note, a 0.5% surcharge is incurred for Visa or Mastercard transactions.
  • Mail: If submitting by mail, either include a cheque made payable to the City of Joondalup with your application or we will provide an invoice via email.

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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