New planning rules to protect canal views

A WA Supreme Court ruling has prompted Murray Shire to change its planning controls to ensure developments stay clear of canals.

Development standards on canal frontage land were previously covered by the area’s local planning policies but councilors voted unanimously at their meeting on April 23 to create a special control area to cover them.

It covers lands immediately in front of the canals in South Yunderup.

Goals include preserving the visual amenity and “open nature” of canal frontages, with measures that vary by location, such as minimum distances between residential areas and canal frontages.

A High Court decision in late 2024 has highlighted a gap in planning rules, a report to the council said.

He said single-family homes and ancillary developments may not have to comply with the county’s planning policies if they comply with housing design rules, as long as they are not in a special control area.

“There were concerns that this could have significant impacts on the particular character and amenity of the canal area, including the development of single houses closer to the canal frontage, the development of high solid hedges and taller retaining walls up to the canal frontage, and the placement of outbuildings between the house and the canal frontage,” the report said.

He said there is a growing desire from landowners to build verandas and similar structures closer to the canal frontage.

The Supreme Court decision was later appealed, but district staff said the new rules were still needed to provide certainty.

“This change is important to preserve the character and beauty of the South Yunderup canal areas,” the Shire report said.

“There will be no change to the current practice for the public.”

There are five artificial canal waterways in the area, built between the 1970s and the early 2000s.

Cr Nicole Willis praised district staff for their “huge effort” to ensure landowners are protected.

“I fully support officers’ recommendation to protect the visual amenity of canal landowners,” he said.

“I think it is really important to create a special area of ​​control to ensure legal certainty.

“Recent Supreme Court decisions in other WA areas showed there were loopholes, meaning officers would not be able to continue the policy in its current form even if court decisions were overturned.”

Cr Stewart Carter expressed interest in the proposal as he owns property adjacent to the canal and was not involved in the decision.

The district received six submissions when the policy was announced for comment. Only one warranted a change.

“We bought it because we liked the open aspect of the canal and the views up and down the canal from the property,” one of them said.

The new rules will not be applied retroactively, the district said in a response to a submission.

“I regularly boat on the South Yunderup canals and have seen many properties that are not compliant,” the presentation said.