Patio, Pergolas & Shade Sails

What is a patio?

A patio is an unenclosed (open on two or more sides) structure roofed in a water impervious material which may or may not be attached to a dwelling. A patio is usually used for outdoor living / entertaining.

What is a pergola or shade sail?

A pergola or shade sail is defined as an open-framed structure covered in a water permeable material or unroofed, which may or may not be attached to a dwelling.

Do I require Development Approval (Planning Approval)?

Development approval for your patio is not required if it complies with the following:

A maximum height of 2.7m.
A maximum length of 10m.
The roof or gutter is setback at least 450mm from the side or rear lot boundary.
The patio is setback the minimum distance from the street boundary – Generally 3m – within the Residential areas in the Shire, and
The patio provides sufficient open space and uncovered outdoor living area - Generally 50% - within the Residential areas in the Shire.

Patios:

Patios are assessed against the Residential Design Codes – Volume 1 (R-Codes)

Pergolas / Shade sails:

Planning Approval in most cases is not required for a pergolas or shade sails as these structures are exempt under the Planning and Development (Local Planning Schemes) Regulations 2015. Consequently, they do not require planning approval.

For more information, please refer to the Shire’s Planning Application Requirements page.

Do I need a Building Permit?

Patios:

A Building Permit is not required provided the patio sail complies with ALL the following:

The structure is freestanding; and
The structure has a maximum floor area of 10m²; and
The maximum height is 2.4m.

In all other instances a Building Permit is required.

Pergolas / Shade Sails:

A Building Permit is not required provided the pergola/shade sail complies with ALL the following:

The structure is freestanding; and
The structure has a maximum floor area of 20m²; and
The maximum height is 2.4m.

In all other instances a Building Permit is required.

For more information, please refer to the Shire’s Building Permit Requirements page.

Do I need my neighbour’s approval?

Neighbour’s approval is not required: -

Where your proposal complies with the above exempt provisions
to lodge a development application (planning approval). However, the Shire will assess the application and if required advertise the proposal to affected neighbours if it considered there may be an amenity impact on the adjoining properties.

Site details

Information on your property, lot sizes, dimensions and recent aerial imagery is available from: