Are you preparing to construct a new dam or alter an existing dam this Summer?
The Shire of Manjimup is finding that landowners might not be fully aware of the requirement for prior planning approval for the construction of a dam. The construction of a dam is development and is defined as:
“dam” means any man-made structure or excavation designed and constructed to intercept, accumulate and impound water flowing across, through or under any land and includes an off-stream dam, an on-stream dam, a gully-wall dam, a turkey-nest dam, an excavated soak and any structure, excavation or other device designed to act either solely or partly as a nutrient stripping basin but does not include ornamental ponds or other water features associated with landscaping and gardens;
Clause 8.4 - Permitted Development in the provisions of Local Planning Scheme No. 4 states that:
“dams in Priority Agriculture and General Agriculture Zones where the dam:
- has been approved or does not require approval for any State Government agency or authority; and
- the lower edge of the dam wall, and any other part of the dam including the water is further than 20 metres from boundaries of the subject lot”.
are exempt from requiring the Shire’s prior planning approval.
Dam’s proposed in all other zones will require prior planning approvals.
If a historic dam (constructed prior to 2010) is proposed to be altered, extended or increased in capacity in a way which results in further non-compliance with the setbacks mentioned above, prior planning approval will still be required.
Draft State Planning Policy 2.9 (currently out for public comments) contains guidelines for Local Governments on the assessment of dams and when dams should be exempt. It suggests that dam’s should not be exempt where they:
- are likely to have an impact on downstream users of ground or surface water;
- may have an offsite impact on another landowner;
- may affect/undermine public infrastructure such as roads; or
- involve drains that extend beyond the property boundary, which may result in maintenance, safety or liability issues.
Acting Chief Executive Officer Brian Robinson explained that "The Shire undertakes a risk assessment for proposed dams that require approval. The Shire considers the following matters when assessing the proposal:
- consideration of downstream and upstream impacts;
- vegetation clearing and revegetation requirements;
- scale and purpose;
- setbacks from property boundaries;
- visual impacts;
- Construction standards and maintenance access; and
- safety and potential liability issues."
Applications for prior planning approval or if you are seeking approval in retrospect can be downloaded here.
