Aircraft noise

Is my property affected by aircraft noise?

You can find out if your property is affected by aircraft noise by viewing the Perth Airport Noise Contour Map on the last page of the Western Australian Planning Commission's Statement of Planning Policy 5.1 - Land Use Planning in the Vicinity of Perth Airport. 

What if my property is affected by aircraft noise? 

Should your property be subject to aircraft noise, there is the potential that future development on your property may require prior planning approval. The State Planning Policy (SPP) 5.1 Land Use Planning in the Vicinity of Perth Airport will set out specific recommendations pertaining to zoning and development control of the land which may include additional noise mitigating features, higher construction standards and a notification to be placed on the land's Certificate of Title advising subsequent landowner(s) that this property is affected by aircraft noise. The policy on aircraft noise was developed by the Western Australian Planning Commission. You can view the Policy at Statement of Planning Policy 5.1 - Land Use Planning in the Vicinity of Perth Airport

The intent and purpose of the Policy is to:

  • protect Perth airport from future claims from landowners whose property is affected or may be affected in the future;
  • protect Perth airport from unreasonable encroachment by incompatible (noise sensitive) development, to provide for its ongoing development and operation; and
  • minimise the impact of airport operations on existing and future communities with reference to aircraft noise.

What is a Section 70A Notification?

A Section 70A Notification is registered on a property’s Certificate of Title to advise prospective buyers of potential circumstances that might impact the enjoyment of that property.

When is a Section 70A Notification (Form N1) for aircraft noise required?

A Section 70A Notification (Form N1) for aircraft noise is generally a requirement of a development approval where a habitable property is exposed to considerable aircraft noise from the Perth (Domestic & Internal) or Pearce Airports. 

The purpose of a Section 70A Notification (Form N1) for aircraft noise is:

  • To warn prospective purchasers of a property that aircraft noise is likely to occur and may increase in the future;
  • To protect the airport(s) from unreasonable encroachment by incompatible (noise sensitive) development, to provide for its ongoing development and operation; and
  • To minimise the impact of airport operations on existing and future communities with reference to aircraft noise.

The following condition and advice note will generally be imposed on a development approval that relates to a habitable property exposed to considerable aircraft noise. 

The standard planning approval condition reads as follows:

A Notification under Section 70A of the Transfer of Land Act 1893 must be registered over the certificate of title the subject of the proposed development prior to the issue of a building licence to notify owners and prospective purchasers of the land that the land is located above the 20 ANEF Contour as identified by Figure 1 of Western Australian Planning Commission Statement of Planning Policy 5.1 and may be affected by aircraft noise. 

The Section 70A Notification can be prepared by the City’s solicitors (currently McLeods, 220-222 Stirling Highway, Claremont - Ph 9383 3133) to the satisfaction of the City of Swan or it can be prepared and lodged at Landgate with the assistance of the City and all costs of and incidental to the preparation of and registration of the Section 70A Notification including the City’s solicitors’ costs (if applicable) shall be met by the applicant or the owner of the land.

Planning Approval Advice Note:

The property is situated in the vicinity of Perth International Airport and is currently affected, or may in the future be affected, by aircraft noise.  Noise exposure levels are likely to increase in the future as a result of increases in the numbers of aircraft using the airport, changes in aircraft type or other operational changes.  Further information about aircraft noise, including development restrictions and noise insulation requirements for noise-affected property, is available on request from the relevant local government offices.

What are my options with the preparation and lodgment of a Section 70A Notification (Form N1) for aircraft noise?

The City of Swan provides customers the following two different methods for preparing and lodging a Section 70A Notification (Form N1) for aircraft noise on property's Certificate of Title:

  • Customer may prepare and lodge the Section 70A Notification (Form N1) on the property's Certificate of Title; or
  • Customer may engage the City's solicitors to prepare and lodge the Section 70A Notification (Form N1) on the Certificate of Title. 

What are the benefits of engaging the City's Solicitors?

Once the City's solicitors have lodged the Section 70A Notification (Form N1) for aircraft noise at Landgate, they will advise the City of Swan and the City's Building Business Unit will then issue any relevant Building Permit without delay.

If you decide to prepare and lodge the Section 70A Notification (Form N1) for aircraft noise, the City will not issue a Building Permit until you have submitted a new Certificate of Title with the Section 70A Notification (Form N1) for aircraft noise registered against it.  Therefore depending on how long Landgate takes to process the registration of the Section 70A Notification (Form N1) for aircraft noise, there will be some delay in obtaining your Building Permit for the subject development. 

Note -  Landgate takes between three to eight weeks from the date of lodgement to the date of registration of the notification against the Certificate of Title.

How do I complete the Section 70A Notification document myself?

The City has prepared the following documents to assist you in understanding and carrying out the Section 70A Notification (Form N1) preparation and lodgement process.

Section 70A Notification for aircraft noise - checklist

 Section 70A Notification Form N1 for Aircraft Noise  Land owned by:
Customer example form

A company

An individual

Two individuals

 Pre-populated form

A company

An individual

Two individuals