Mr Birney questions the Minister's decision to call in the Plunkett subdivision appeal, asking why it warrants ministerial intervention despite the existence of the Town Planning Appeal Tribunal. The Minister defends her action, citing the appeal's regional significance and the legislation allowing for ministerial call-in.

AnsweredQoN 724Legislative Assembly
Asked
16 November 2005
Portfolio
Planning and Infrastructure

QuestionView source ↗

I refer to the fact that the Plunkett family subdivision application at Moore River was rejected by the WA Planning Commission and that the Plunketts have now appealed this matter to the Town Planning Appeal Tribunal. (1) Can the minister confirm that she has intervened in this area by directing that the Town Planning Appeal Tribunal hand over to the minister herself the right to determine this appeal? (2) If yes, can the minister advise the house why this appeal is so important as to warrant the intervention of the minister, particularly in light of the fact that in the last term of government the minister actually set up a tribunal to hear these sorts of appeals? Ms A.J.G. MacTIERNAN

AnswerView source ↗

(1)-(2) When we passed the legislation to broaden the jurisdiction of the Town Planning Appeal Tribunal we very consciously, with the support of the opposition, retained within that legislation a provision for ministerial call-in on matters of state or regional significance. This was the subject of a media release. I called this appeal in prior to the last election. It is a power that I have used very sparingly. There are probably three appeals that I have called in. This was certainly one of regional - Mr T.R. Buswell : Why would you do that? Ms A.J.G. MacTIERNAN : Because it was my judgment that it was very clearly a matter of regional significance. The provisions of the State Administrative Tribunal allow it to hear that matter in the normal manner and then transmit its recommendations to me. Instead of having around 1 000 town planning matters a year being decided by ministers, as occurred under Mr Kierath and Mr Lewis, we have got it down to around two or three. Several members interjected. The SPEAKER : I call to order the member for Dawesville and the Deputy Leader of the Opposition.
(1) Can the minister confirm that she has intervened in this area by directing that the Town Planning Appeal Tribunal hand over to the minister herself the right to determine this appeal? (2) If yes, can the minister advise the house why this appeal is so important as to warrant the intervention of the minister, particularly in light of the fact that in the last term of government the minister actually set up a tribunal to hear these sorts of appeals? Ms A.J.G. MacTIERNAN replied: (1)-(2) When we passed the legislation to broaden the jurisdiction of the Town Planning Appeal Tribunal we very consciously, with the support of the opposition, retained within that legislation a provision for ministerial call-in on matters of state or regional significance. This was the subject of a media release. I called this appeal in prior to the last election. It is a power that I have used very sparingly. There are probably three appeals that I have called in. This was certainly one of regional - Mr T.R. Buswell : Why would you do that? Ms A.J.G. MacTIERNAN : Because it was my judgment that it was very clearly a matter of regional significance. The provisions of the State Administrative Tribunal allow it to hear that matter in the normal manner and then transmit its recommendations to me. Instead of having around 1 000 town planning matters a year being decided by ministers, as occurred under Mr Kierath and Mr Lewis, we have got it down to around two or three. Several members interjected. The SPEAKER : I call to order the member for Dawesville and the Deputy Leader of the Opposition.
(2) If yes, can the minister advise the house why this appeal is so important as to warrant the intervention of the minister, particularly in light of the fact that in the last term of government the minister actually set up a tribunal to hear these sorts of appeals? Ms A.J.G. MacTIERNAN replied: (1)-(2) When we passed the legislation to broaden the jurisdiction of the Town Planning Appeal Tribunal we very consciously, with the support of the opposition, retained within that legislation a provision for ministerial call-in on matters of state or regional significance. This was the subject of a media release. I called this appeal in prior to the last election. It is a power that I have used very sparingly. There are probably three appeals that I have called in. This was certainly one of regional - Mr T.R. Buswell : Why would you do that? Ms A.J.G. MacTIERNAN : Because it was my judgment that it was very clearly a matter of regional significance. The provisions of the State Administrative Tribunal allow it to hear that matter in the normal manner and then transmit its recommendations to me. Instead of having around 1 000 town planning matters a year being decided by ministers, as occurred under Mr Kierath and Mr Lewis, we have got it down to around two or three. Several members interjected. The SPEAKER : I call to order the member for Dawesville and the Deputy Leader of the Opposition.
Ms A.J.G. MacTIERNAN replied: (1)-(2) When we passed the legislation to broaden the jurisdiction of the Town Planning Appeal Tribunal we very consciously, with the support of the opposition, retained within that legislation a provision for ministerial call-in on matters of state or regional significance. This was the subject of a media release. I called this appeal in prior to the last election. It is a power that I have used very sparingly. There are probably three appeals that I have called in. This was certainly one of regional - Mr T.R. Buswell : Why would you do that? Ms A.J.G. MacTIERNAN : Because it was my judgment that it was very clearly a matter of regional significance. The provisions of the State Administrative Tribunal allow it to hear that matter in the normal manner and then transmit its recommendations to me. Instead of having around 1 000 town planning matters a year being decided by ministers, as occurred under Mr Kierath and Mr Lewis, we have got it down to around two or three. Several members interjected. The SPEAKER : I call to order the member for Dawesville and the Deputy Leader of the Opposition.
(1)-(2) When we passed the legislation to broaden the jurisdiction of the Town Planning Appeal Tribunal we very consciously, with the support of the opposition, retained within that legislation a provision for ministerial call-in on matters of state or regional significance. This was the subject of a media release. I called this appeal in prior to the last election. It is a power that I have used very sparingly. There are probably three appeals that I have called in. This was certainly one of regional - Mr T.R. Buswell : Why would you do that? Ms A.J.G. MacTIERNAN : Because it was my judgment that it was very clearly a matter of regional significance. The provisions of the State Administrative Tribunal allow it to hear that matter in the normal manner and then transmit its recommendations to me. Instead of having around 1 000 town planning matters a year being decided by ministers, as occurred under Mr Kierath and Mr Lewis, we have got it down to around two or three. Several members interjected. The SPEAKER : I call to order the member for Dawesville and the Deputy Leader of the Opposition.
Mr T.R. Buswell : Why would you do that? Ms A.J.G. MacTIERNAN : Because it was my judgment that it was very clearly a matter of regional significance. The provisions of the State Administrative Tribunal allow it to hear that matter in the normal manner and then transmit its recommendations to me. Instead of having around 1 000 town planning matters a year being decided by ministers, as occurred under Mr Kierath and Mr Lewis, we have got it down to around two or three. Several members interjected. The SPEAKER : I call to order the member for Dawesville and the Deputy Leader of the Opposition.
Ms A.J.G. MacTIERNAN : Because it was my judgment that it was very clearly a matter of regional significance. The provisions of the State Administrative Tribunal allow it to hear that matter in the normal manner and then transmit its recommendations to me. Instead of having around 1 000 town planning matters a year being decided by ministers, as occurred under Mr Kierath and Mr Lewis, we have got it down to around two or three. Several members interjected. The SPEAKER : I call to order the member for Dawesville and the Deputy Leader of the Opposition.
Several members interjected. The SPEAKER : I call to order the member for Dawesville and the Deputy Leader of the Opposition.
The SPEAKER : I call to order the member for Dawesville and the Deputy Leader of the Opposition.

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