❓ Hon Ben Dawkins questions the Minister for Planning regarding development conditions related to a completed subdivision in the Shire of Harvey, specifically concerning enforcement and compliance with TPS 12. The Minister deferred the response due to the complexity and volume of documents.
AnsweredQoN 888Legislative Council
QuestionView source ↗
PLANNING — DEVELOPMENT CONDITIONS
888. Hon BEN DAWKINS to the minister representing the
Minister for Planning:
I refer to the answer to question
without notice 863 regarding guiding development schemes and the attached town
planning scheme 12 Shire of Harvey guided development scheme text, the
associated scheme/golf course map and a letter
from the Western Australian Planning Commission dated 23 July 1997. I seek
leave to table these documents.
The PRESIDENT : Are they part
of the answer to the question that you asked?
Hon BEN DAWKINS : No, they are
part of my question; I submitted them with the question.
[Leave granted. See paper 2447 .]
Hon BEN DAWKINS : I ask —
(1) As the
minister suggested in her answer to question without notice 863, enforcement
depends on the scheme, and clauses 7.2 and 7.3(c) state that implementation and
enforcement is the responsibility of the Shire of Harvey. Can the minister
confirm that this is also the department's legal position?
(2) Can the minister confirm that, to use her words,
the proposal is the subdivision of 200 home sites, and the conditions
are set out in TPS 12 and the letter from the WAPC, which refers to development
conditions?
(3) I agree that
proposals do not have to be completed; however, once they have, as in this case
whereby subdivision has been completed and 200 families have bought land and
homes in the golf course estate, does the minister agree that the conditions
associated with the proposal of the subdivision have now become crystallised
conditions with which the developer must comply?
(4) Does the minister agree that
clause 5.5.1 of TPS 12 contains the following words verbatim —
The Community Open Space shall be
vested in the Community Association �
The PRESIDENT : Before I give
the call to the minister, honourable member, there are a number of points in
that question that I would like to bring to
your attention in relation to standing order 105. Firstly, from what I understood
of the question, there were several parts to the question that sought a legal
opinion. Standing order 105 requires questions
not to seek a legal opinion. Secondly, from what I heard, the question also
seeks an opinion of the minister separate from a legal opinion. Thirdly,
it seeks to receive an amount of information that might not be able to be
applied within the very brief window that the minister and the departments have
in the turnaround of the question. I have concerns in relation to standing
order 105, but I will ask the minister whether she is able to respond to the
question, and then consider anything, if needed, after that.
888. Hon BEN DAWKINS to the minister representing the
Minister for Planning:
I refer to the answer to question
without notice 863 regarding guiding development schemes and the attached town
planning scheme 12 Shire of Harvey guided development scheme text, the
associated scheme/golf course map and a letter
from the Western Australian Planning Commission dated 23 July 1997. I seek
leave to table these documents.
The PRESIDENT : Are they part
of the answer to the question that you asked?
Hon BEN DAWKINS : No, they are
part of my question; I submitted them with the question.
[Leave granted. See paper 2447 .]
Hon BEN DAWKINS : I ask —
(1) As the
minister suggested in her answer to question without notice 863, enforcement
depends on the scheme, and clauses 7.2 and 7.3(c) state that implementation and
enforcement is the responsibility of the Shire of Harvey. Can the minister
confirm that this is also the department's legal position?
(2) Can the minister confirm that, to use her words,
the proposal is the subdivision of 200 home sites, and the conditions
are set out in TPS 12 and the letter from the WAPC, which refers to development
conditions?
(3) I agree that
proposals do not have to be completed; however, once they have, as in this case
whereby subdivision has been completed and 200 families have bought land and
homes in the golf course estate, does the minister agree that the conditions
associated with the proposal of the subdivision have now become crystallised
conditions with which the developer must comply?
(4) Does the minister agree that
clause 5.5.1 of TPS 12 contains the following words verbatim —
The Community Open Space shall be
vested in the Community Association �
The PRESIDENT : Before I give
the call to the minister, honourable member, there are a number of points in
that question that I would like to bring to
your attention in relation to standing order 105. Firstly, from what I understood
of the question, there were several parts to the question that sought a legal
opinion. Standing order 105 requires questions
not to seek a legal opinion. Secondly, from what I heard, the question also
seeks an opinion of the minister separate from a legal opinion. Thirdly,
it seeks to receive an amount of information that might not be able to be
applied within the very brief window that the minister and the departments have
in the turnaround of the question. I have concerns in relation to standing
order 105, but I will ask the minister whether she is able to respond to the
question, and then consider anything, if needed, after that.
AnswerView source ↗
Thank you for your direction. The
Minister for Planning has advised that given that the member has tabled a significant
number of documents, the minister is not able to provide a response in the time
available. However, the minister will endeavour to provide a response on 29 August
2023.
The PRESIDENT : I will leave
in that question at the moment, but I strongly advise the member not to seek a legal
opinion or an opinion in the text of questions without notice.
Minister for Planning has advised that given that the member has tabled a significant
number of documents, the minister is not able to provide a response in the time
available. However, the minister will endeavour to provide a response on 29 August
2023.
The PRESIDENT : I will leave
in that question at the moment, but I strongly advise the member not to seek a legal
opinion or an opinion in the text of questions without notice.
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