The Shire of Murray has implemented new planning controls to protect canal views in South Yunderup, following a Supreme Court of Western Australia decision that exposed a loophole in existing regulations.
New Special Control Area Established
At their April 23 meeting, councillors voted unanimously to create a special control area for lots directly fronting the canals in South Yunderup. Previously, development standards along canal frontage lots were covered by the shire’s local planning policies, but the new measure aims to maintain the visual amenity and “open-natured character” of canal frontages.
The special control area mandates minimum distances between residential developments and canal frontages, which vary depending on the location. This ensures that developments do not encroach too closely on the waterways, preserving the aesthetic appeal that residents value.
Supreme Court Decision Highlights Loophole
A report to the council noted that a late 2024 decision by the Supreme Court highlighted a significant loophole in planning rules. Under the previous framework, single houses and ancillary developments could be exempt from following the shire’s planning policies if they complied with residential design codes, unless they were in a special control area.
“There was concern that this could have significant implications for the special character and amenity of the canal area, including single houses being developed closer to the canal frontage; high solid fencing and taller retaining walls being developed up to the canal frontage; and outbuildings being located between the house and the canal frontage,” the report stated.
The report also noted an increasing desire from landowners to build patios and similar structures closer to the canal frontage, which could compromise the open feel of the area.
Certainty for Landowners and Public
Although the Supreme Court decision was later appealed, shire staff said the new rules were still necessary to provide certainty. “This amendment is important to maintain the character and amenity of the South Yunderup canal areas,” the shire report said. “For the public, there will be no change to current practice.”
The Shire of Murray manages five artificial canal waterways, built between the 1970s and early 2000s. Councillor Nicole Willis commended shire staff for their “great deal of effort” to ensure landholders were protected. “I’m in full support of the officers’ recommendation to protect the canal landowners’ visual amenity,” she said. “I do feel it’s really important that a special control area be created just for the purpose of creating the statutory certainty.”
She added that the recent Supreme Court decisions in other WA areas illustrated that loopholes existed, meaning officers could not uphold the policy as it stood, even though those court decisions have been overturned.
Community Input and Transparency
Councillor Stewart Carter declared an interest in the proposal as he owns a property that abuts a canal and did not participate in the decision. The shire received six submissions when the policy was advertised for comment, with only one warranting a change. One submission stated, “We bought here liking the open aspect of the canal and views obtained up and down canal from property.”
The shire clarified in response to a submission that the new rules would not be applied retrospectively. Another submission noted, “I regularly boat throughout the South Yunderup canals and have seen a high number of properties that would not be compliant.”
