What are the differences between a patio/pergola/shade sail/vergola:

In accordance with clause 1.7.1 of the Shire’s Local Planning Scheme No.4 (LPS4), they are deemed to be the following:

Patio - an unenclosed structure with a roof cover that is non-permeable to water, which may be attached to or detached from a building.

Pergola - an open-framed structure covered in a water permeable material or operable louvred roofing, which may or may not be attached to a dwelling. This includes shade sails.

Vergola - an open-framed structure with a roof cover made out of adjustable louvers.

A vergola is considered as a patio under the Building Act 2011, therefore, it is subject to the requirements applicable to a patio under the Building Act 2011 and under the applicable planning legislation, e.g. the Residential Design Codes (R-Codes) or LPS4.

Do I need Planning Approval?

Planning approval is required in the following circumstances:

  • Not exempt from Planning approval as no specific provisions exist for such work under LPS4, and no specific deemed to comply provisions under R-Codes apply (not defined to be a building under the R Codes therefore the setback and height provisions, amongst others, cannot be applied). Such work is assessed on case by case basis having regard to matters such as the potential visual impact on adjoining properties and (where applicable) the streetscape, and the area’s character.
  • Regardless whether Planning approval is required, or not, a Building approval may also be required. 
Residential Site Rural Site Industrial/Commercial Site
Patio Yes if non-compliant with the deemed-to-comply provisions of the R-Codes or (where applicable) a Local Development Plan, and/or if the site is on the Shire's Heritage List. Yes if non-compliant with any LPS4 provisions and/or the site is on the Shire's Heritage List. Yes if non-compliant with any LPS4 provisions and/or the site is on the Shire's Heritage List.
Pergola (and shade sails) * Yes Yes Yes
Vergola Yes if non-compliant with the deemed-to-comply provisions of the R-Codes or (where applicable) a Local Development Plan, and/or if the site is on the Shire's Heritage List. Yes if non-compliant with any LPS4 provisions and/or the site is on the Shire's Heritage List. Yes if non-compliant with any LPS4 provisions and/or the site is on the Shire's Heritage List.

How can I find out the zoning of my property?

The zoning of a site can be found out by using the Shire's online mapping

Where can I view the R-Codes and LPS4?

The R-Codes can be viewed here

LPS4 can be viewed here

How can I find out if the property is on the Heritage List?

View the Shire of Mundaring Heritage List.  

What information do I need to provide when seeking Shire Planning approval?

The Planning application would need to include the following:

  • A completed Planning application form. Find the form on our Planning page.
  • A copy of the property’s current Certificate of Title which can be obtained from Landgate.
  • The Planning application fee.
  • A site plan drawn to a 1:100 or 1:200 scale showing all existing and proposed buildings/structures, details of the proposed finished ground level (if to remain unchanged, please state this on the plans), the proposed setbacks of the building/structure from the nearest boundaries and (if applicable) effluent disposal system/leach drain. The Shire may have a copy of a site plan on record for the property which you could use.
  • Elevations drawn to a 1:100 or 1:200 scale showing the side and rear of the proposed building/structure, its dimensions, and the proposed finished ground level (if to remain unchanged, please state this on the plans).
  • If applicable, written justification as to why any proposed variations to the requirements under the R-Codes or LPS4 should be supported by the Shire.

Other information may also be required in addition to the above depending on the scale and nature of the proposal and the location of the property.

Is is strongly recommended that prior to preparing any plans that you discuss the proposal with Shire Officers.  This would allow for any potential issues to be identified early on. 


 For further information or assistance, please contact the Shire's Planning department on (08) 9290 6740 or via shire@mundaring.wa.gov.au