❓ Hon Ben Dawkins questions the Minister for Planning regarding compliance with Town Planning Scheme 12 (Shire of Harvey), specifically concerning land vesting, developer compliance, and golf course development. He requests referral to the State Administrative Tribunal due to alleged lack of enforcement.
AnsweredQoN 901Legislative Council
QuestionView source ↗
PLANNING — DEVELOPMENT CONDITIONS
901. Hon BEN DAWKINS to the minister representing the
Minister for Planning:
I
refer to the answer to question 863 about guided development schemes, attached
town planning scheme 12, Shire of Harvey guided development scheme text,
the associated scheme/golf course map and letter from the Western Australian
Planning Commission dated 23 July 1997, which was tabled previously today.
President, I do not think what I am
about to ask is asking for an opinion.
The PRESIDENT : Order, member. Please ask your
question. If you wish to dissent from the ruling of the chair, there is another
way to do that. There is no need to defend your question now. Please ask your
question. I may make some suggestions and/or I may refer it to the minister.
Hon BEN DAWKINS : I will need to seek advice from the
clerks on this going forward. I ask —
(1) Does the
minister agree that condition 28 in the Western Australian Planning Commission
letter regarding the vesting of land to the
community association and paragraph (i) in the WAPC letter regarding developer compliance with TPS 12 have not been complied with?
(2) Does the
minister agree that town planning schemes and guided development schemes have
statutory force given that the heading of TPS 12 is ''Town Planning and
Development Act 1928''?
(3) Does the
minister agree that clause 6.2 of TPS 12 states—it is quite simple to
say yes or no to this—that ''The
Developer shall carry out the development of the Golf Course'' and ''provided
so that the Golf Course can function effectively at least at the level
of an 18-hole international standard Golf Course''?
(4) Given that
the minister has demonstrated uncertainty over whether there has been
enforcement of TPS 12 by the Shire of Harvey and enforcement of development
conditions by the Western Australian Planning Commission and the Shire of
Harvey, is it not appropriate to refer TPS 12 to the State Administrative
Tribunal under section 211 of the Planning and Development Act in accordance
with aggrieved person, community association committee member and resident on
the closed seventh fairway, Fred Flanagan and his email to the minister of 22
June 2023? I just need a yes or no answer.
The PRESIDENT : I also refer to standing order 105 in relation
to concise questions. I will see whether the minister is able to provide
a concise answer. Minister for Agriculture and Food.
901. Hon BEN DAWKINS to the minister representing the
Minister for Planning:
I
refer to the answer to question 863 about guided development schemes, attached
town planning scheme 12, Shire of Harvey guided development scheme text,
the associated scheme/golf course map and letter from the Western Australian
Planning Commission dated 23 July 1997, which was tabled previously today.
President, I do not think what I am
about to ask is asking for an opinion.
The PRESIDENT : Order, member. Please ask your
question. If you wish to dissent from the ruling of the chair, there is another
way to do that. There is no need to defend your question now. Please ask your
question. I may make some suggestions and/or I may refer it to the minister.
Hon BEN DAWKINS : I will need to seek advice from the
clerks on this going forward. I ask —
(1) Does the
minister agree that condition 28 in the Western Australian Planning Commission
letter regarding the vesting of land to the
community association and paragraph (i) in the WAPC letter regarding developer compliance with TPS 12 have not been complied with?
(2) Does the
minister agree that town planning schemes and guided development schemes have
statutory force given that the heading of TPS 12 is ''Town Planning and
Development Act 1928''?
(3) Does the
minister agree that clause 6.2 of TPS 12 states—it is quite simple to
say yes or no to this—that ''The
Developer shall carry out the development of the Golf Course'' and ''provided
so that the Golf Course can function effectively at least at the level
of an 18-hole international standard Golf Course''?
(4) Given that
the minister has demonstrated uncertainty over whether there has been
enforcement of TPS 12 by the Shire of Harvey and enforcement of development
conditions by the Western Australian Planning Commission and the Shire of
Harvey, is it not appropriate to refer TPS 12 to the State Administrative
Tribunal under section 211 of the Planning and Development Act in accordance
with aggrieved person, community association committee member and resident on
the closed seventh fairway, Fred Flanagan and his email to the minister of 22
June 2023? I just need a yes or no answer.
The PRESIDENT : I also refer to standing order 105 in relation
to concise questions. I will see whether the minister is able to provide
a concise answer. Minister for Agriculture and Food.
AnswerView source ↗
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.
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.
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