DA26/0065 Additions to a Non-Confirming use (Ancillary Dwelling & Carport ) - 4 Ashburton Street BENTLEY

Consultation has concluded

Your comments are invited!

The City has received a development application that proposes Additions to a Non-conforming use (Ancillary Dwelling and Carport) to the rear of an existing single house.

Reason for Advertising

Western Australia’s planning legislation sets out statutory consultation requirements for a range of planning matters. This allows people who may be impacted by proposals and the community in general to comment on proposals.

In this instance, the application is being advertised in accordance with the City’s Local Planning Policy LP.11 – Public Consultation of Planning Proposals.

Matters for Consideration
The following matter(s) require City's consideration:

  1. The subject site is located in the R2 – Restricted Use zone under the City’s Local Planning Scheme No.42 (LPS42) Schedule C. The use ‘Single House is a restricted ‘X’ use under the schedule.
  2. The subject site is currently occupied by a Single House, which is an existing non-conforming use on the subject site. The proposal contemplates retention of this existing house and the addition of an ancillary dwelling and carport to the rear of the dwelling.
  3. Clause 3.8.1b of LPS42 identifies that a person must not “erect, alter or extend a building used for, or in conjunction with, a non-conforming use” without first obtaining development approval. The addition of an ancillary dwelling to the existing non-conforming use of a grouped dwelling is considered an erection of a building used in conjunction with a non-conforming use.
  4. Clause 3.8.2 of LPS42 outlines that “An application for development approval for the purposes of this clause must be advertised in accordance with clause 64 of the deemed provisions”. This requires consultation over a 14-day period with affected property owners.

Reference Documents
Please refer to the attached documents for further details. If you have any questions or require assistance, feel free to contact us.

Viewing Development Plans and Supporting Documents
You can view the development plans and related documents by downloading directly from this webpage.

How to Submit Your Comments

Please send your written feedback to the City by 05:00pm on 23 March 2026 using the form below to submit your comments. You may also attach supporting documents such as plans, diagrams, or photographs.

Personal contact details such as names, email addresses and telephone numbers will not be provided to the applicant. Written submissions may be the subject of Freedom of Information requests.

In accordance with Part 8 of Local Planning Policy LP-11 – Public Consultation of Planning Proposals, if no response is received from a notified owner or occupier, the City will assume there are no comments. A lack of response will not be interpreted as either support or objection.

Guidance on what is a “valid” or “non-valid” planning consideration is provided in the City’s Local Planning Policy LP.11 – Public Consultation of Planning Proposals.

What happens following consultation?

Once the consultation period closes, a delegated officer of the City will assess the proposal, taking into account relevant planning considerations and any feedback received from affected landowners and occupiers.

If the City makes a decision on the development application (approval or refusal), we will contact you to explain how your comments were considered.

In some cases, the application may be referred to a Council meeting for determination. If this occurs, you will receive an invitation to attend or view the meeting online.

Your comments are invited!

The City has received a development application that proposes Additions to a Non-conforming use (Ancillary Dwelling and Carport) to the rear of an existing single house.

Reason for Advertising

Western Australia’s planning legislation sets out statutory consultation requirements for a range of planning matters. This allows people who may be impacted by proposals and the community in general to comment on proposals.

In this instance, the application is being advertised in accordance with the City’s Local Planning Policy LP.11 – Public Consultation of Planning Proposals.

Matters for Consideration
The following matter(s) require City's consideration:

  1. The subject site is located in the R2 – Restricted Use zone under the City’s Local Planning Scheme No.42 (LPS42) Schedule C. The use ‘Single House is a restricted ‘X’ use under the schedule.
  2. The subject site is currently occupied by a Single House, which is an existing non-conforming use on the subject site. The proposal contemplates retention of this existing house and the addition of an ancillary dwelling and carport to the rear of the dwelling.
  3. Clause 3.8.1b of LPS42 identifies that a person must not “erect, alter or extend a building used for, or in conjunction with, a non-conforming use” without first obtaining development approval. The addition of an ancillary dwelling to the existing non-conforming use of a grouped dwelling is considered an erection of a building used in conjunction with a non-conforming use.
  4. Clause 3.8.2 of LPS42 outlines that “An application for development approval for the purposes of this clause must be advertised in accordance with clause 64 of the deemed provisions”. This requires consultation over a 14-day period with affected property owners.

Reference Documents
Please refer to the attached documents for further details. If you have any questions or require assistance, feel free to contact us.

Viewing Development Plans and Supporting Documents
You can view the development plans and related documents by downloading directly from this webpage.

How to Submit Your Comments

Please send your written feedback to the City by 05:00pm on 23 March 2026 using the form below to submit your comments. You may also attach supporting documents such as plans, diagrams, or photographs.

Personal contact details such as names, email addresses and telephone numbers will not be provided to the applicant. Written submissions may be the subject of Freedom of Information requests.

In accordance with Part 8 of Local Planning Policy LP-11 – Public Consultation of Planning Proposals, if no response is received from a notified owner or occupier, the City will assume there are no comments. A lack of response will not be interpreted as either support or objection.

Guidance on what is a “valid” or “non-valid” planning consideration is provided in the City’s Local Planning Policy LP.11 – Public Consultation of Planning Proposals.

What happens following consultation?

Once the consultation period closes, a delegated officer of the City will assess the proposal, taking into account relevant planning considerations and any feedback received from affected landowners and occupiers.

If the City makes a decision on the development application (approval or refusal), we will contact you to explain how your comments were considered.

In some cases, the application may be referred to a Council meeting for determination. If this occurs, you will receive an invitation to attend or view the meeting online.

  • CLOSED: This survey has concluded.

    Planning Submission Form


    Please review the proposal and the supporting documents. If you wish to provide feedback on the proposal, please provide your comments below by no later than COB 5pm on 23 March 2026.



    Consultation has concluded