A WA parliamentary question probes the practice of lodging appeals without grounds under the Town Planning and Development Act, and the subsequent actions taken by the Minister and Appeals Committee to address this issue.

AnsweredQoN 355Legislative Assembly
Asked
12 June 2001
Portfolio
Planning and Infrastructure

QuestionView source ↗

(1) Of the appeals to be determined at 9 February 2001, how many of those appeals had been lodged with no grounds of appeal given?
(2) Was the Minister aware that this was a practice which preserved the appeal right, whilst negotiation or mediation were undertaken to resolve the issue, the subject of appeal?
(3) For the year 2000, how many appeals were withdrawn after having been lodged without grounds for appeal?
(4) After receiving the Minister’s direction, how many applicants who had lodged appeals without grounds for appeals did the Appeals Committee write to and for how many appeals?
(5) How many appeals were withdrawn following the receipt of the Minister’s letter?
(6) How many grounds for appeal were lodged following the receipt of the Minister’s letter?

AnswerView source ↗

Answered
21 August 2001
Responded by
Minister for Planning and Infrastructure
Response time
70 days
(2) The practice referred to was contrary to the Town Planning and Development Act (Appeal) Regulations , 1979, which provide among other things, at regulation 5 that: "Every notice instituting an appeal shall set out...(c) the grounds on which the appeal is brought...". In any event, the question is erroneous in assuming that negotiation or mediation could not occur when grounds of appeal were lodged. (3) 5 (4) 14 appellants written in relation to 20 appeals. (5) 13 (6) 2
(3) 5 (4) 14 appellants written in relation to 20 appeals. (5) 13 (6) 2
(4) 14 appellants written in relation to 20 appeals. (5) 13 (6) 2
(5) 13 (6) 2
(6) 2

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