Home›Questions on Notice›QoN 1593

❓ Mr Tinley questions the City of Fremantle's planning decisions regarding the Taylor's College development, focusing on land leveling, safety concerns for adjoining residents, and adherence to the local planning scheme. The Minister provides some direct answers and tables relevant documents.

AnsweredQoN 1593Legislative Assembly

Asked

21 November 2013

Member

Mr P.C. Tinley

Portfolio

Planning

QuestionView source ↗

I refer to the Minister’s answer to Question on Notice No. 1078, concerning the City of Fremantle’s Taylor’s College development, and ask: (a) how did decisions made in accordance with the local planning scheme result in raising the level of the land by over a metre, including a descending road that terminates within two metres of a fibro-cement fence which is within about a metre of a bedroom and gas water heater of a resident of an existing adjoining lot, thereby increasing the risk to the resident of an out of control vehicle ploughing into their home; (b) is one of the aims of the local planning scheme to promote a safe and healthy environment; (c) would you please table a copy of the subdivision plan and the WAPC approval letter for the subdivision which includes details of all conditions imposed upon the approval, and advise whether any condition of subdivision necessitated raising the level of the land to such an extent that it compromises the safety and amenity of existing adjoining residents; (d) is it the case that the fill in the Taylor’s College development in excess of 500 mm is not “development permitted without planning approval” and that planning approval was therefore required under the local planning scheme; (e) as you state that an application for planning approval was made for changes to the level of the land well in excess of 500 mm, would you please table the application as well as the Notice of Determination on Application for Planning Approval; (f) if an application for planning approval was not approved specifically for fill in excess of 500 mm as required by the local planning scheme, hasn’t the City of Fremantle failed to implement effectively an observance of the local planning scheme; (g) had an application been made for fill in excess of 500 mm, as required by the local planning scheme, in considering the application, would the council then have been required to have due regard to such matters as: (i) the aims of the Local Planning Scheme, which include promoting a safe environment; (ii) the structure plan, which had included a wall interfacing with the terminating road; (iii) the preservation of the amenity of the locality; (iv) the extent to which the natural contours of the land are altered by filling and excavation; (v) the height, position, form and material of the fence which is left to interface with the terminating road at the bottom of the slope; (vi) the probable effect on traffic flow and safety, as well as; and (vii) other planning considerations. such as variations that had been made to the previously approved structure plan, not to include the wall that would interface with the terminating road, and the subdivision plan which removed the wall and relocated the road, and then a subsequent outcome which reinstated the terminating road within close proximity of a bedroom and gas water heater; and (h) did the City of Fremantle fail to advertise a proposed structure plan that conformed with the requirements of the local planning scheme insofar as it did not depict a pedestrian network drawn to scale on a structure plan map containing a north point and a scale?

AnswerView source ↗

Answered

18 February 2014

Responded by

Minister for Planning

Response time

89 days

(a) Please refer to Legislative Assembly Questions on Notice 1078 part (c).
(b) Yes.
(c) [See tabled paper no.]
(d) Yes.
(e) [See tabled paper no.]
(f) Not applicable.
(g) (i)-(vii) Yes.
(h) No.

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