Shire of Derby / West Kimberley
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PO Box 94
Derby WA 6728

Phone: (08) 9191 0999
Fax: (08) 9191 0998

Fitzroy Crossing

PO Box 101
Fitzroy Crossing WA 6765

Phone: (08) 9191 5355
Fax: (08) 9191 5085

Planning Services

Local Planning Strategy

The Shire of Derby/West Kimberley currently has its draft Local Planning Strategy out for comment.

It will enable Council to set out its vision for the municipality and the longer-term directions for land use and development.

(Please note that there is an updated version of the Local Planning Strategy will be available in the near future.)

The Role of Planning

Planning Services plays a fundamental role in the achievement of broad strategic aims of the Shire in terms of its physical development and the social development of the Community.

How It Is Carried Out

The aims are put into practice through:

  • Implementation of the Town Planning Scheme through the assessment and control of land use, subdivision and development. Reserving land for parks, roads, schools and civic purposes.
  • The preparation of broad strategic plans and policies to provide a framework for Town Planning decisions and the improvement of areas throughout the Shire.
  • Assisting with the progression of Native Title Claims that exist throughout areas of the Shire.
  • Assisting with the preparation and implementation of Community Layout Plans for town based and remote Aboriginal Communities.

Statutory Planning


Development, subdivision and home occupation applications are processed by Planning Services.

Assessment is based on the standards prescribed by the Town Planning Scheme and Planning Policies, and processing is considered in the following ways:

  • Complying applications may be processed without being presented to a meeting of Council.
  • Where they involve a discretionary decision, the applications are considered at a meeting of Council.
  • Where neighbours are affected by variations to standards, their comments are taken into account when decisions are made.

Subdivision Applications

Subdivision applications are determined by the Western Australian Planning Commission (WAPC). However, Council still has an important role in providing the Commission with recommendations on subdivision proposals, and with the checking of conditions of subdivision approval.

For further information the WAPC can be reached via

If you intend to develop or change the use of your land you must first obtain planning approval from Council by lodging a Development Application Form

Planning for Aboriginal Communities

The Shire in conjunction with the Western Australian Planning Commission (WAPC) is responsible for the implementation of the Planning for Aboriginal communities project, which is guided by the WAPCs Statement of Planning Policy No 3.2 Planning for Aboriginal Communities. The project seeks to improve living and environmental health conditions in large, permanent and remote Aboriginal communities through the preparation and implementation of community layout plans.

The project offers a number of benefits for Aboriginal communities, as well as government agencies and service providers. Town planning provides an opportunity to achieve co-ordination when constructing housing and infrastructure in communities and allow Aboriginal people to control what happens in their communities.

The Shire works closely with the WAPC, the Department of Housing and Works [Aboriginal Housing and Infrastructure Directorate] and the Department of Indigenous Affairs, regional communities, the private sector and government on this project.

There are 54 remote Aboriginal communities located throughout the Shire. Details of endorsed community layout plans within the Shire can be viewed on the WAPCs website.

Development Assessment Panels:

On 11 September 2009, the Minister for Planning, Hon John Day MLA, released a Discussion Paper on the Development Assessment Panel (DAPs) model that the State Government proposed to introduce in Western Australia.

The DAPs were proposed to be a mix of three independent experts and 2 elected Local Government representatives that will have the decision making powers to determine applications of a certain class and value that would normally be determined by a meeting of Council or a sub-committee.

Fifteen DAPs will now be established by the Minister of Planning on 1 July 2011.

Development Application Panels (DAPs) will meet and determine development applications within certain class and value thresholds set in the DAP regulations.

There are three types of DAP applications:

1. Mandatory DAP applications
2. Opt-in DAP applications
3. Local government delegated applications.

All applications are first lodged with the local government as per standard practice

Mandatory DAP applications

These are development applications which must be determined by a DAP and cannot be determined by a local government or the Western Australian Planning Commission (WAPC). Mandatory applications must meet the following value thresholds:

DAP Mandatory value threshold

  • City of Perth - $15 million or more
  • Rest of the State - $7 million or more

'Opt-in' DAP applications

These are development applications where the applicant may choose to have the application determined by a DAP, or by the local government or WAPC under the normal process. In order to be considered an 'opt-in' application, the application must fit within the following value thresholds:

DAP 'Opt-in' value threshold

  • City of Perth - Between $10 million - $15 million
  • Rest of the State - Between $3 million - $7 million

Local government delegated applications

The DAP regulations allow local governments to delegate their powers to determine applications within the opt-in value range to their DAP. Where a local government has made a delegation to this effect, any applications within the opt-in value range will be processed as if they were mandatory DAP applications.

Excluded applications

Under DAP regulations, development applications relating to the following classes of development are "excluded development applications". These applications will not be able to be determined by a DAP:

  • Construction of a single house
  • Construction of less than 10 grouped dwellings or multiple dwellings
  • Construction of carports, shade sails, outbuildings or sheds
  • Development in an improvement scheme area
  • Development by a local government or the WAPC.

All DAP applications will still be lodged with the local government and assessed by the local government and/or the WAPC. Following assessment, a report from the responsible authority will be forwarded to DAP members, via the DAP secretariat, with recommendations for consideration when determining the application at a DAP meeting.

Further Information

For further information on how the DAPs operate or may affect your application, please follow the attached links:

or alternatively contact Mr Noel Myers - Shire Planner on 9191 0999 or by email


File Type File Size File Name File Description
pdf 695kb PlanningApplicationGuideAndForm.pdf Planning Consent Application Form and guidelines.
pdf 59kb HomeOccupations.pdf Information on the definition of a Home Occupation and associated planning/permit requirements.
pdf 232kb PlanningPolicy.pdf Planning objectives and policies extract from the Policy Manual set by the Shire of Derby/West Kimberley.
pdf 1075kb ResidentialPlanningCodesofWA.pdf A guide for Planning Authorities on the Residential Planning Codes of Western Australia.
pdf 453kb TownPlanningScheme_No5.pdf Shire of Derby/West Kimberley Town Planning Scheme No. 5.
pdf 991kb TownPlanningScheme_No5_Map.pdf Shire of Derby/West Kimberley Town Planning Scheme No. 5 Maps.
pdf 350kb TPS_No7_BirdwoodRise.pdf Shire of Derby/West Kimberley Town Planning Scheme No. 7 - Birdwood Rise.
pdf 562kb Scheme_Amendment_Process.pdf Document deatiling the process of Town Planning Scheme Amendments.
pdf 14.3MB SDWK_LPS_complete.pdf Shire of Derby/West Kimberley Local Planning Strategy

Shire Office

Administration Office

30 Loch Street

Derby WA 6728

Ph: (08) 9191 0999

Fax: (08) 9191 0998

Development Services

Coleman Centre Loch St

Derby WA 6728

Ph: (08) 9191 0999

Fax: (08) 9191 0997

Fitzroy Crossing Visitor Centre

Ph: (08) 9191 5355

Fax: (08) 9191 5085

Shire Depot


Ph: (08) 9191 1553

Fax: (08) 9193 1404

Fitzroy Crossing

Ph: (08) 9191 5201

Fax: (08) 9191 5222

This website was last modified on 27.10.2016
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