❓ A WA parliamentary question seeks information on the Minister for Planning's use of Section 211 of the Planning and Development Act 2005, regarding local government enforcement of planning schemes. The answer provides data on representations made and actions taken.
AnsweredQoN 1594Legislative Assembly
QuestionView source ↗
I refer to Section 211 of the Planning and Development Act 2005 and ask: (a) what is the purpose of Section 211; (b) how many representations have been made under Section 211; (c) how many of these representations has the Minister referred to the State Administrative Tribunal (SAT) for its report and recommendations; (d) please list the cases in (c) by SAT citation number; (e) of the representations made under Section 211, in how many cases has the Minister ordered the local government: (i) to do all things necessary for enforcing the observance of the scheme or any of the provisions of the scheme; or (ii) to do all things necessary for executing any works which, under the scheme or the Planning and Development Act, the local government is required to execute, as the case requires; and (f) please list the cases in (e) by SAT citation number and date of Minister’s order?
AnswerView source ↗
Answered
18 February 2014
Responded by
Minister for Planning
Response time
89 days
(a) Section 211(1) allows affected members of the public to make representations to the Minister for Planning to draw the Minister's attention to the perceived failure of a local government to enforce its local planning scheme or execute works required under a local planning scheme. Section 211(2) confers a discretion to the Minister for Planning to refer the representations to the State Administrative Tribunal (SAT) for its report and recommendations. Following the Tribunal's report, the Minister may order the local government to do things necessary to enforce the observance of its scheme.
(b) 38 (includes 4 representations to the previous Minister for Planning).
(c) 7 (includes 4 that were referred by the previous Minister for Planning).
(d) The cases in (c) are:
- Nicholls and the City of Mandurah [2008] WASAT 141
- DR 241 of 2008
- DR 327 of 2004
- DR 335 of 2009
- Commisso and City of Gosnells [2006] WASAT 247
- DR 20 of 2013
- Alessi and City of Wanneroo [2010] WASAT 188
(e)(i-ii) The Minister has not made any orders arising from the section 211 representations that were referred to SAT.
(f) Not applicable.
(b) 38 (includes 4 representations to the previous Minister for Planning).
(c) 7 (includes 4 that were referred by the previous Minister for Planning).
(d) The cases in (c) are:
- Nicholls and the City of Mandurah [2008] WASAT 141
- DR 241 of 2008
- DR 327 of 2004
- DR 335 of 2009
- Commisso and City of Gosnells [2006] WASAT 247
- DR 20 of 2013
- Alessi and City of Wanneroo [2010] WASAT 188
(e)(i-ii) The Minister has not made any orders arising from the section 211 representations that were referred to SAT.
(f) Not applicable.
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