A justification letter is a formal document prepared by an applicant (often a designer, planner, or architect) to justify a variation to the Residential Design Codes (R-Codes) or a local planning scheme
Its purpose is to explain why a proposed design, which does not comply with one or more of the deemed-to-comply provisions of the R-Codes, should nevertheless be approved under the design principle pathway. It is a core tool in supporting discretionary decision-making by local councils or assessment panels.
Importance in the Planning Process in building
The justification letter plays a pivotal role in the planning application process by facilitating clear communication between the applicant and the council. It allows applicants to preemptively address potential concerns, such as impacts on neighbouring properties or deviations from standard requirements. This proactive approach can significantly influence the council’s decision, enhancing the likelihood of approval by demonstrating thorough consideration of planning regulations.
Given the complexity of planning laws, the letter ensures that all relevant codes and policies are considered, reducing the risk of rejection due to oversight. It also serves as a tool for transparency, providing a factual basis for the council to assess the development’s suitability, thereby supporting a smoother application process.
How to Write a justification letter?
Focus on facts, not emotions. Use the R codes and local planning policies to justify your design. Mention how your development meets standards like lot size, building height, and parking. If there are deviations, explain why they’re acceptable. Check PlanWA or your local council’s website for the right policies.
Crafting a justification letter: What to Include:
The content of the justification letter should be meticulously structured to cover all necessary aspects, ensuring it is both comprehensive and persuasive. Here’s a detailed breakdown:
- Introduction: Begin with a concise overview of the proposed development, including its location, type (e.g., single dwelling, multi-unit), and purpose. This sets the context for the council and provides a clear starting point for your argument.
- Compliance with R-Codes:
The Residential Design Codes (R-Codes) set rules for WA homes, covering things like lot size, building height, setbacks, parking, open space, and sustainability. Your letter should explain how your design meets these standards, citing specific sections. For example, confirm your lot size meets the minimum or explain why it doesn’t. - Local Planning Policies: Besides R-Codes, your design must follow local council rules like zoning, heritage, environment, and neighbourhood character. For example, if your site is in a heritage area, explain how your design respects that. You can find these policies on your council’s website or tools like PlanWA.
- Variations and Exceptions: If your design deviates from any standard, such as exceeding building height limits, provide a clear justification. This could involve unique site conditions, like sloping land, or innovative design solutions that still meet the spirit of the regulations. For example, if a setback is reduced, explain how it maintains neighbour amenity and complies with safety standards.
- Supporting Evidence: Back up your claims with specific references to the R codes and local policies, and include additional evidence like site plans, elevations, or reports. For instance, include a site plan showing compliance with setback requirements or a sustainability report detailing energy-efficient features. This evidence strengthens your case and provides a factual basis for council assessment.
Finding Relevant Codes and Policies for Justification Letters
To ensure accuracy, applicants must identify the applicable R codes and local planning policies for their site. Here are the key resources:
- Local Council’s Website: Most local governments, such as the City of Joondalup, provide detailed planning sections on their websites, listing local policies and R code applications. For example, you can access these at City of Joondalup Planning.
- PlanWA: Specifically for Western Australia, PlanWA is a public mapping tool that provides access to planning, land, and heritage data. It allows users to search for information on specific land parcels, identifying applicable local and state planning policies. This tool is updated weekly, ensuring access to the latest data, and is particularly useful for understanding zoning and density codes.
Practical Tips for Writing an Effective Justification Letter
To maximise the effectiveness of your justification letter, consider the following tips:
- Clarity and Conciseness: Use straightforward language to ensure the council can easily follow your arguments. Avoid jargon and focus on clear, factual statements.
- Specificity: Provide precise details and references, such as “Section 5.1.2 of the R codes for building height compliance,” to strengthen your case. Vague statements may undermine your credibility.
- Proactive Issue Addressing: Anticipate potential council concerns, such as overshadowing neighbouring properties, and address them head-on. For example, if your design increases height, explain how it maintains solar access for adjacent lots.
- Professional Presentation: Proofread your letter to eliminate errors, ensuring it is professionally presented. A polished document reflects attention to detail and enhances your application’s credibility.
What is the difference between R Codes and Local Policies
To illustrate the interplay between R codes and local policies, consider the following table, which highlights key aspects and their application:
| Aspect | R Codes (State Level) | Local Planning Policies (Council Level) |
|---|---|---|
| Scope | Uniform standards for residential design across WA | Specific to local area, e.g., zoning, heritage |
| Examples | Lot size, building height, setbacks, parking | Environmental sustainability, community amenity |
| Access | Available at Residential Design Codes | Found on local council websites, e.g., City of Joondalup |
| Application in Letter | Justify compliance or deviations with references | Align design with local goals, address variations |
This table underscores the need to integrate both levels of regulation in your justification letter, ensuring a holistic approach to compliance.
Conclusion
Crafting a justification letter for a council planning application in Western Australia requires a thorough understanding of the R codes and local planning policies, supported by clear, factual arguments. By leveraging resources like PlanWA and your local council’s website, and following the outlined tips, you can create a compelling letter that enhances your application’s chances of approval. This guide aims to equip applicants with the knowledge and tools needed to navigate this critical aspect of the planning process effectively.
Justification letter FAQs
1: What is the main purpose of a justification letter in a planning application?
The main purpose of a justification letter is to explain to the council why your proposed development should be approved. It provides a fact-based argument, showing how your design complies with the Residential Design Codes (R codes) and local planning policies, or justifies any variations. It helps the council understand your proposal and increases the chances of approval by addressing potential concerns upfront.
2: Where can I find the R codes and local planning policies for my area?
You can find the Residential Design Codes (R codes) on the Western Australian government’s website at Residential Design Codes. For local planning policies, check your local council’s website (e.g., City of Joondalup’s planning section) or use PlanWA, a mapping tool that lists applicable state and local policies for your specific site.
3: Can I use emotional arguments in my justification letter?
No, emotional arguments should be avoided in a justification letter. The council requires a fact-based approach, so you should focus on how your design meets or aligns with the R codes and local planning policies. Use specific references, like setback measurements or zoning compliance, and supporting evidence, such as site plans, to build a strong, objective case.
