❓ A WA parliamentary question regarding third-party participation in planning appeals, with the Minister responding by highlighting the potential for frivolous appeals and encouraging community involvement in local government.
AnsweredQoN 254Legislative Assembly
QuestionView source ↗
PLANNING APPEAL PROCESS - THIRD PARTY PARTICIPATION
In Victoria, third party participation in the planning appeal process has been in place since 1963, and the process is not considered frivolous, costly or irrelevant. (1) Will the minister explain why Western Australia remains the only state in Australia in which, other than when a local council and a developer disagree on a development application, there is no right for a third party to become a party to a state appeal process? (2) Does the minister agree that members of the community should be given the opportunity to contribute, or object, to planning applications at a tribunal level? (3) Will the minister ask the State Administrative Tribunal to provide this Parliament with an analysis of the cost effectiveness of third party appeals, perhaps based on the Victorian model? (4) Will the minister meet briefly today with a representative from the people of the York community who rallied today at Parliament House to protect a Ficus hillii tree to assure the community that the government will consider their concerns? Ms A.J.G. MacTIERNAN
In Victoria, third party participation in the planning appeal process has been in place since 1963, and the process is not considered frivolous, costly or irrelevant. (1) Will the minister explain why Western Australia remains the only state in Australia in which, other than when a local council and a developer disagree on a development application, there is no right for a third party to become a party to a state appeal process? (2) Does the minister agree that members of the community should be given the opportunity to contribute, or object, to planning applications at a tribunal level? (3) Will the minister ask the State Administrative Tribunal to provide this Parliament with an analysis of the cost effectiveness of third party appeals, perhaps based on the Victorian model? (4) Will the minister meet briefly today with a representative from the people of the York community who rallied today at Parliament House to protect a Ficus hillii tree to assure the community that the government will consider their concerns? Ms A.J.G. MacTIERNAN
AnswerView source ↗
(1)-(4) Third party appeals is a very vexed issue. It is not true to say that in Western Australia there is no right to appeal, or, indeed, be joined in a matter. However, there is no right for a third party to actually initiate an appeal. I guess we need to make a judgement about what is in the best interests of the community. Certainly at this point in Western Australia’s history, the idea that we would divert precious planning resources into appeals, many of which unfortunately will be, I think, judged frivolous, is not something that I believe could be justified. I point out that local government is elected by the community. Elections are held every two years. I urge people who are not happy with the sorts of planning decisions that are being made by their local governments to stand for council. It is really important, if people are concerned about these democratic processes, that people take the initiative to get involved, rather than just stand on the sidelines. It is true, though, that I have some powers under the Town Planning and Development Act to review whether a council has acted in accordance with its town planning scheme. However, this is not to be a de facto appeal. It is certainly not to be a substitute appeal mechanism. The people from York have asked me to do that. To give members some idea of the history of this case, it involves an old fig tree on a hotel site. During the great Meckering earthquake of 1968, a hotel in the town centre fell down. That hotel had a fig tree in its beer garden. The owners of that hotel have now decided, after some 35 years, to build something on that site. Unfortunately, the fig tree that was in the beer garden of the hotel is in the way. The residents adjoining the hotel claim that they want the fig tree to remain. I have to say I do not think it is clear-cut in this case that there has been some violation of good planning by the council in making its decision. Nevertheless, I will look at the provisions of the act and see what we can do.
(1) Will the minister explain why Western Australia remains the only state in Australia in which, other than when a local council and a developer disagree on a development application, there is no right for a third party to become a party to a state appeal process? (2) Does the minister agree that members of the community should be given the opportunity to contribute, or object, to planning applications at a tribunal level? (3) Will the minister ask the State Administrative Tribunal to provide this Parliament with an analysis of the cost effectiveness of third party appeals, perhaps based on the Victorian model? (4) Will the minister meet briefly today with a representative from the people of the York community who rallied today at Parliament House to protect a Ficus hillii tree to assure the community that the government will consider their concerns? Ms A.J.G. MacTIERNAN replied: (1)-(4) Third party appeals is a very vexed issue. It is not true to say that in Western Australia there is no right to appeal, or, indeed, be joined in a matter. However, there is no right for a third party to actually initiate an appeal. I guess we need to make a judgement about what is in the best interests of the community. Certainly at this point in Western Australia’s history, the idea that we would divert precious planning resources into appeals, many of which unfortunately will be, I think, judged frivolous, is not something that I believe could be justified. I point out that local government is elected by the community. Elections are held every two years. I urge people who are not happy with the sorts of planning decisions that are being made by their local governments to stand for council. It is really important, if people are concerned about these democratic processes, that people take the initiative to get involved, rather than just stand on the sidelines. It is true, though, that I have some powers under the Town Planning and Development Act to review whether a council has acted in accordance with its town planning scheme. However, this is not to be a de facto appeal. It is certainly not to be a substitute appeal mechanism. The people from York have asked me to do that. To give members some idea of the history of this case, it involves an old fig tree on a hotel site. During the great Meckering earthquake of 1968, a hotel in the town centre fell down. That hotel had a fig tree in its beer garden. The owners of that hotel have now decided, after some 35 years, to build something on that site. Unfortunately, the fig tree that was in the beer garden of the hotel is in the way. The residents adjoining the hotel claim that they want the fig tree to remain. I have to say I do not think it is clear-cut in this case that there has been some violation of good planning by the council in making its decision. Nevertheless, I will look at the provisions of the act and see what we can do.
(2) Does the minister agree that members of the community should be given the opportunity to contribute, or object, to planning applications at a tribunal level? (3) Will the minister ask the State Administrative Tribunal to provide this Parliament with an analysis of the cost effectiveness of third party appeals, perhaps based on the Victorian model? (4) Will the minister meet briefly today with a representative from the people of the York community who rallied today at Parliament House to protect a Ficus hillii tree to assure the community that the government will consider their concerns? Ms A.J.G. MacTIERNAN replied: (1)-(4) Third party appeals is a very vexed issue. It is not true to say that in Western Australia there is no right to appeal, or, indeed, be joined in a matter. However, there is no right for a third party to actually initiate an appeal. I guess we need to make a judgement about what is in the best interests of the community. Certainly at this point in Western Australia’s history, the idea that we would divert precious planning resources into appeals, many of which unfortunately will be, I think, judged frivolous, is not something that I believe could be justified. I point out that local government is elected by the community. Elections are held every two years. I urge people who are not happy with the sorts of planning decisions that are being made by their local governments to stand for council. It is really important, if people are concerned about these democratic processes, that people take the initiative to get involved, rather than just stand on the sidelines. It is true, though, that I have some powers under the Town Planning and Development Act to review whether a council has acted in accordance with its town planning scheme. However, this is not to be a de facto appeal. It is certainly not to be a substitute appeal mechanism. The people from York have asked me to do that. To give members some idea of the history of this case, it involves an old fig tree on a hotel site. During the great Meckering earthquake of 1968, a hotel in the town centre fell down. That hotel had a fig tree in its beer garden. The owners of that hotel have now decided, after some 35 years, to build something on that site. Unfortunately, the fig tree that was in the beer garden of the hotel is in the way. The residents adjoining the hotel claim that they want the fig tree to remain. I have to say I do not think it is clear-cut in this case that there has been some violation of good planning by the council in making its decision. Nevertheless, I will look at the provisions of the act and see what we can do.
(3) Will the minister ask the State Administrative Tribunal to provide this Parliament with an analysis of the cost effectiveness of third party appeals, perhaps based on the Victorian model? (4) Will the minister meet briefly today with a representative from the people of the York community who rallied today at Parliament House to protect a Ficus hillii tree to assure the community that the government will consider their concerns? Ms A.J.G. MacTIERNAN replied: (1)-(4) Third party appeals is a very vexed issue. It is not true to say that in Western Australia there is no right to appeal, or, indeed, be joined in a matter. However, there is no right for a third party to actually initiate an appeal. I guess we need to make a judgement about what is in the best interests of the community. Certainly at this point in Western Australia’s history, the idea that we would divert precious planning resources into appeals, many of which unfortunately will be, I think, judged frivolous, is not something that I believe could be justified. I point out that local government is elected by the community. Elections are held every two years. I urge people who are not happy with the sorts of planning decisions that are being made by their local governments to stand for council. It is really important, if people are concerned about these democratic processes, that people take the initiative to get involved, rather than just stand on the sidelines. It is true, though, that I have some powers under the Town Planning and Development Act to review whether a council has acted in accordance with its town planning scheme. However, this is not to be a de facto appeal. It is certainly not to be a substitute appeal mechanism. The people from York have asked me to do that. To give members some idea of the history of this case, it involves an old fig tree on a hotel site. During the great Meckering earthquake of 1968, a hotel in the town centre fell down. That hotel had a fig tree in its beer garden. The owners of that hotel have now decided, after some 35 years, to build something on that site. Unfortunately, the fig tree that was in the beer garden of the hotel is in the way. The residents adjoining the hotel claim that they want the fig tree to remain. I have to say I do not think it is clear-cut in this case that there has been some violation of good planning by the council in making its decision. Nevertheless, I will look at the provisions of the act and see what we can do.
(4) Will the minister meet briefly today with a representative from the people of the York community who rallied today at Parliament House to protect a Ficus hillii tree to assure the community that the government will consider their concerns? Ms A.J.G. MacTIERNAN replied: (1)-(4) Third party appeals is a very vexed issue. It is not true to say that in Western Australia there is no right to appeal, or, indeed, be joined in a matter. However, there is no right for a third party to actually initiate an appeal. I guess we need to make a judgement about what is in the best interests of the community. Certainly at this point in Western Australia’s history, the idea that we would divert precious planning resources into appeals, many of which unfortunately will be, I think, judged frivolous, is not something that I believe could be justified. I point out that local government is elected by the community. Elections are held every two years. I urge people who are not happy with the sorts of planning decisions that are being made by their local governments to stand for council. It is really important, if people are concerned about these democratic processes, that people take the initiative to get involved, rather than just stand on the sidelines. It is true, though, that I have some powers under the Town Planning and Development Act to review whether a council has acted in accordance with its town planning scheme. However, this is not to be a de facto appeal. It is certainly not to be a substitute appeal mechanism. The people from York have asked me to do that. To give members some idea of the history of this case, it involves an old fig tree on a hotel site. During the great Meckering earthquake of 1968, a hotel in the town centre fell down. That hotel had a fig tree in its beer garden. The owners of that hotel have now decided, after some 35 years, to build something on that site. Unfortunately, the fig tree that was in the beer garden of the hotel is in the way. The residents adjoining the hotel claim that they want the fig tree to remain. I have to say I do not think it is clear-cut in this case that there has been some violation of good planning by the council in making its decision. Nevertheless, I will look at the provisions of the act and see what we can do.
Ms A.J.G. MacTIERNAN replied: (1)-(4) Third party appeals is a very vexed issue. It is not true to say that in Western Australia there is no right to appeal, or, indeed, be joined in a matter. However, there is no right for a third party to actually initiate an appeal. I guess we need to make a judgement about what is in the best interests of the community. Certainly at this point in Western Australia’s history, the idea that we would divert precious planning resources into appeals, many of which unfortunately will be, I think, judged frivolous, is not something that I believe could be justified. I point out that local government is elected by the community. Elections are held every two years. I urge people who are not happy with the sorts of planning decisions that are being made by their local governments to stand for council. It is really important, if people are concerned about these democratic processes, that people take the initiative to get involved, rather than just stand on the sidelines. It is true, though, that I have some powers under the Town Planning and Development Act to review whether a council has acted in accordance with its town planning scheme. However, this is not to be a de facto appeal. It is certainly not to be a substitute appeal mechanism. The people from York have asked me to do that. To give members some idea of the history of this case, it involves an old fig tree on a hotel site. During the great Meckering earthquake of 1968, a hotel in the town centre fell down. That hotel had a fig tree in its beer garden. The owners of that hotel have now decided, after some 35 years, to build something on that site. Unfortunately, the fig tree that was in the beer garden of the hotel is in the way. The residents adjoining the hotel claim that they want the fig tree to remain. I have to say I do not think it is clear-cut in this case that there has been some violation of good planning by the council in making its decision. Nevertheless, I will look at the provisions of the act and see what we can do.
(1)-(4) Third party appeals is a very vexed issue. It is not true to say that in Western Australia there is no right to appeal, or, indeed, be joined in a matter. However, there is no right for a third party to actually initiate an appeal. I guess we need to make a judgement about what is in the best interests of the community. Certainly at this point in Western Australia’s history, the idea that we would divert precious planning resources into appeals, many of which unfortunately will be, I think, judged frivolous, is not something that I believe could be justified. I point out that local government is elected by the community. Elections are held every two years. I urge people who are not happy with the sorts of planning decisions that are being made by their local governments to stand for council. It is really important, if people are concerned about these democratic processes, that people take the initiative to get involved, rather than just stand on the sidelines. It is true, though, that I have some powers under the Town Planning and Development Act to review whether a council has acted in accordance with its town planning scheme. However, this is not to be a de facto appeal. It is certainly not to be a substitute appeal mechanism. The people from York have asked me to do that. To give members some idea of the history of this case, it involves an old fig tree on a hotel site. During the great Meckering earthquake of 1968, a hotel in the town centre fell down. That hotel had a fig tree in its beer garden. The owners of that hotel have now decided, after some 35 years, to build something on that site. Unfortunately, the fig tree that was in the beer garden of the hotel is in the way. The residents adjoining the hotel claim that they want the fig tree to remain. I have to say I do not think it is clear-cut in this case that there has been some violation of good planning by the council in making its decision. Nevertheless, I will look at the provisions of the act and see what we can do.
(1) Will the minister explain why Western Australia remains the only state in Australia in which, other than when a local council and a developer disagree on a development application, there is no right for a third party to become a party to a state appeal process? (2) Does the minister agree that members of the community should be given the opportunity to contribute, or object, to planning applications at a tribunal level? (3) Will the minister ask the State Administrative Tribunal to provide this Parliament with an analysis of the cost effectiveness of third party appeals, perhaps based on the Victorian model? (4) Will the minister meet briefly today with a representative from the people of the York community who rallied today at Parliament House to protect a Ficus hillii tree to assure the community that the government will consider their concerns? Ms A.J.G. MacTIERNAN replied: (1)-(4) Third party appeals is a very vexed issue. It is not true to say that in Western Australia there is no right to appeal, or, indeed, be joined in a matter. However, there is no right for a third party to actually initiate an appeal. I guess we need to make a judgement about what is in the best interests of the community. Certainly at this point in Western Australia’s history, the idea that we would divert precious planning resources into appeals, many of which unfortunately will be, I think, judged frivolous, is not something that I believe could be justified. I point out that local government is elected by the community. Elections are held every two years. I urge people who are not happy with the sorts of planning decisions that are being made by their local governments to stand for council. It is really important, if people are concerned about these democratic processes, that people take the initiative to get involved, rather than just stand on the sidelines. It is true, though, that I have some powers under the Town Planning and Development Act to review whether a council has acted in accordance with its town planning scheme. However, this is not to be a de facto appeal. It is certainly not to be a substitute appeal mechanism. The people from York have asked me to do that. To give members some idea of the history of this case, it involves an old fig tree on a hotel site. During the great Meckering earthquake of 1968, a hotel in the town centre fell down. That hotel had a fig tree in its beer garden. The owners of that hotel have now decided, after some 35 years, to build something on that site. Unfortunately, the fig tree that was in the beer garden of the hotel is in the way. The residents adjoining the hotel claim that they want the fig tree to remain. I have to say I do not think it is clear-cut in this case that there has been some violation of good planning by the council in making its decision. Nevertheless, I will look at the provisions of the act and see what we can do.
(2) Does the minister agree that members of the community should be given the opportunity to contribute, or object, to planning applications at a tribunal level? (3) Will the minister ask the State Administrative Tribunal to provide this Parliament with an analysis of the cost effectiveness of third party appeals, perhaps based on the Victorian model? (4) Will the minister meet briefly today with a representative from the people of the York community who rallied today at Parliament House to protect a Ficus hillii tree to assure the community that the government will consider their concerns? Ms A.J.G. MacTIERNAN replied: (1)-(4) Third party appeals is a very vexed issue. It is not true to say that in Western Australia there is no right to appeal, or, indeed, be joined in a matter. However, there is no right for a third party to actually initiate an appeal. I guess we need to make a judgement about what is in the best interests of the community. Certainly at this point in Western Australia’s history, the idea that we would divert precious planning resources into appeals, many of which unfortunately will be, I think, judged frivolous, is not something that I believe could be justified. I point out that local government is elected by the community. Elections are held every two years. I urge people who are not happy with the sorts of planning decisions that are being made by their local governments to stand for council. It is really important, if people are concerned about these democratic processes, that people take the initiative to get involved, rather than just stand on the sidelines. It is true, though, that I have some powers under the Town Planning and Development Act to review whether a council has acted in accordance with its town planning scheme. However, this is not to be a de facto appeal. It is certainly not to be a substitute appeal mechanism. The people from York have asked me to do that. To give members some idea of the history of this case, it involves an old fig tree on a hotel site. During the great Meckering earthquake of 1968, a hotel in the town centre fell down. That hotel had a fig tree in its beer garden. The owners of that hotel have now decided, after some 35 years, to build something on that site. Unfortunately, the fig tree that was in the beer garden of the hotel is in the way. The residents adjoining the hotel claim that they want the fig tree to remain. I have to say I do not think it is clear-cut in this case that there has been some violation of good planning by the council in making its decision. Nevertheless, I will look at the provisions of the act and see what we can do.
(3) Will the minister ask the State Administrative Tribunal to provide this Parliament with an analysis of the cost effectiveness of third party appeals, perhaps based on the Victorian model? (4) Will the minister meet briefly today with a representative from the people of the York community who rallied today at Parliament House to protect a Ficus hillii tree to assure the community that the government will consider their concerns? Ms A.J.G. MacTIERNAN replied: (1)-(4) Third party appeals is a very vexed issue. It is not true to say that in Western Australia there is no right to appeal, or, indeed, be joined in a matter. However, there is no right for a third party to actually initiate an appeal. I guess we need to make a judgement about what is in the best interests of the community. Certainly at this point in Western Australia’s history, the idea that we would divert precious planning resources into appeals, many of which unfortunately will be, I think, judged frivolous, is not something that I believe could be justified. I point out that local government is elected by the community. Elections are held every two years. I urge people who are not happy with the sorts of planning decisions that are being made by their local governments to stand for council. It is really important, if people are concerned about these democratic processes, that people take the initiative to get involved, rather than just stand on the sidelines. It is true, though, that I have some powers under the Town Planning and Development Act to review whether a council has acted in accordance with its town planning scheme. However, this is not to be a de facto appeal. It is certainly not to be a substitute appeal mechanism. The people from York have asked me to do that. To give members some idea of the history of this case, it involves an old fig tree on a hotel site. During the great Meckering earthquake of 1968, a hotel in the town centre fell down. That hotel had a fig tree in its beer garden. The owners of that hotel have now decided, after some 35 years, to build something on that site. Unfortunately, the fig tree that was in the beer garden of the hotel is in the way. The residents adjoining the hotel claim that they want the fig tree to remain. I have to say I do not think it is clear-cut in this case that there has been some violation of good planning by the council in making its decision. Nevertheless, I will look at the provisions of the act and see what we can do.
(4) Will the minister meet briefly today with a representative from the people of the York community who rallied today at Parliament House to protect a Ficus hillii tree to assure the community that the government will consider their concerns? Ms A.J.G. MacTIERNAN replied: (1)-(4) Third party appeals is a very vexed issue. It is not true to say that in Western Australia there is no right to appeal, or, indeed, be joined in a matter. However, there is no right for a third party to actually initiate an appeal. I guess we need to make a judgement about what is in the best interests of the community. Certainly at this point in Western Australia’s history, the idea that we would divert precious planning resources into appeals, many of which unfortunately will be, I think, judged frivolous, is not something that I believe could be justified. I point out that local government is elected by the community. Elections are held every two years. I urge people who are not happy with the sorts of planning decisions that are being made by their local governments to stand for council. It is really important, if people are concerned about these democratic processes, that people take the initiative to get involved, rather than just stand on the sidelines. It is true, though, that I have some powers under the Town Planning and Development Act to review whether a council has acted in accordance with its town planning scheme. However, this is not to be a de facto appeal. It is certainly not to be a substitute appeal mechanism. The people from York have asked me to do that. To give members some idea of the history of this case, it involves an old fig tree on a hotel site. During the great Meckering earthquake of 1968, a hotel in the town centre fell down. That hotel had a fig tree in its beer garden. The owners of that hotel have now decided, after some 35 years, to build something on that site. Unfortunately, the fig tree that was in the beer garden of the hotel is in the way. The residents adjoining the hotel claim that they want the fig tree to remain. I have to say I do not think it is clear-cut in this case that there has been some violation of good planning by the council in making its decision. Nevertheless, I will look at the provisions of the act and see what we can do.
Ms A.J.G. MacTIERNAN replied: (1)-(4) Third party appeals is a very vexed issue. It is not true to say that in Western Australia there is no right to appeal, or, indeed, be joined in a matter. However, there is no right for a third party to actually initiate an appeal. I guess we need to make a judgement about what is in the best interests of the community. Certainly at this point in Western Australia’s history, the idea that we would divert precious planning resources into appeals, many of which unfortunately will be, I think, judged frivolous, is not something that I believe could be justified. I point out that local government is elected by the community. Elections are held every two years. I urge people who are not happy with the sorts of planning decisions that are being made by their local governments to stand for council. It is really important, if people are concerned about these democratic processes, that people take the initiative to get involved, rather than just stand on the sidelines. It is true, though, that I have some powers under the Town Planning and Development Act to review whether a council has acted in accordance with its town planning scheme. However, this is not to be a de facto appeal. It is certainly not to be a substitute appeal mechanism. The people from York have asked me to do that. To give members some idea of the history of this case, it involves an old fig tree on a hotel site. During the great Meckering earthquake of 1968, a hotel in the town centre fell down. That hotel had a fig tree in its beer garden. The owners of that hotel have now decided, after some 35 years, to build something on that site. Unfortunately, the fig tree that was in the beer garden of the hotel is in the way. The residents adjoining the hotel claim that they want the fig tree to remain. I have to say I do not think it is clear-cut in this case that there has been some violation of good planning by the council in making its decision. Nevertheless, I will look at the provisions of the act and see what we can do.
(1)-(4) Third party appeals is a very vexed issue. It is not true to say that in Western Australia there is no right to appeal, or, indeed, be joined in a matter. However, there is no right for a third party to actually initiate an appeal. I guess we need to make a judgement about what is in the best interests of the community. Certainly at this point in Western Australia’s history, the idea that we would divert precious planning resources into appeals, many of which unfortunately will be, I think, judged frivolous, is not something that I believe could be justified. I point out that local government is elected by the community. Elections are held every two years. I urge people who are not happy with the sorts of planning decisions that are being made by their local governments to stand for council. It is really important, if people are concerned about these democratic processes, that people take the initiative to get involved, rather than just stand on the sidelines. It is true, though, that I have some powers under the Town Planning and Development Act to review whether a council has acted in accordance with its town planning scheme. However, this is not to be a de facto appeal. It is certainly not to be a substitute appeal mechanism. The people from York have asked me to do that. To give members some idea of the history of this case, it involves an old fig tree on a hotel site. During the great Meckering earthquake of 1968, a hotel in the town centre fell down. That hotel had a fig tree in its beer garden. The owners of that hotel have now decided, after some 35 years, to build something on that site. Unfortunately, the fig tree that was in the beer garden of the hotel is in the way. The residents adjoining the hotel claim that they want the fig tree to remain. I have to say I do not think it is clear-cut in this case that there has been some violation of good planning by the council in making its decision. Nevertheless, I will look at the provisions of the act and see what we can do.
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