❓ A WA parliamentary question addresses concerns regarding land stability, contamination, and responsibility for structural issues related to a subdivision in Gwelup. The response outlines the WAPC's decision-making process, actions taken, and allocation of responsibility.
AnsweredQoN 2884Legislative Assembly
QuestionView source ↗
(a) how did the Western Australian Planning Commission (WAPC) reach its decision to clear conditions 10, 11 and 12 of the subdivision of Lot 1004 (HN 100) Gribble Road, Gwelup;
(b) will the WAPC agree to place notifications on the certificates of title for Lot 1004, and the lots created by the subdivision, outlining concerns regarding the fill, stability and contamination of the site, in accordance with Section 165 of the
Planning and Development Act 2005
; and
(i) if not, why not;
(c) will the WAPC take responsibility for structural problems that may occur in houses being constructed on this subdivision in the future given the City of Stirling’s concerns with the stability of the land; and
(i) if not, why not;
(d) will the WAPC take responsibility for structural problems that have already occurred in adjacent homes that were constructed before this subdivision was given approval to proceed; and
(i) if not, why not; and
(e) whether the Minister intends to meet with the City of Stirling in the immediate future; and
(i) if not, why not?
(b) will the WAPC agree to place notifications on the certificates of title for Lot 1004, and the lots created by the subdivision, outlining concerns regarding the fill, stability and contamination of the site, in accordance with Section 165 of the
Planning and Development Act 2005
; and
(i) if not, why not;
(c) will the WAPC take responsibility for structural problems that may occur in houses being constructed on this subdivision in the future given the City of Stirling’s concerns with the stability of the land; and
(i) if not, why not;
(d) will the WAPC take responsibility for structural problems that have already occurred in adjacent homes that were constructed before this subdivision was given approval to proceed; and
(i) if not, why not; and
(e) whether the Minister intends to meet with the City of Stirling in the immediate future; and
(i) if not, why not?
AnswerView source ↗
Answered
26 February 2008
Responded by
Minister for Planning and Infrastructure
Response time
105 days
(a) In order to make a decision in relation to the conditions imposed on the subdivision at lot 1004 Gribble Rd, Gwelup the Commission sought information from various sources. This included seeking information from the engineering firm, Parson Brinckerhoff, on the original works they undertook at the site. Further to this the Commission requested Coffey Geosciences to conduct an independent review of the fill methodology used at the site. The Department of Health and the Department of Environment and Conservation also provide advice on the status of the site in relation to decontamination and applicability for the residential use.
(b) The Department of Environment and Conservation has advised the Commission that under the
Contaminated Soil Act 2003
, the residential site is classified as 'decontaminated' and no memorial is required on the title.
The Commission has required Notifications under the
Transfer of Land Act
to be lodged on the new land titles advising on the three matters of rock fill, sheet piling and drainage runoff as apply to the land.
In addition the landowner has provided a letter of undertaking to inform prospective purchasers of lots of the classification provided by the Department of Environment and Conservation for the land.
(c) On the basis of the technical advice received, the WAPC has approved the subdivision and cleared the relevant conditions as the Commission considers the site suitable for its residential purpose.
(d) The WAPC has considered matters relating to the subdivision of the site and its suitability for residential purposes. Issues on individual land development (buildings) and possible damage to adjacent properties from historic development activities on the site are issues usually addressed by the local government and are more appropriately addressed by the City of Stirling, or indeed by the builder. For example, different soil conditions require different footing design responses and these are determined at development approval and building licence stages.
(e) I have asked the Western Australian Planning Commission to undertake such discussions, which I understand is occurring.
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(b) The Department of Environment and Conservation has advised the Commission that under the
Contaminated Soil Act 2003
, the residential site is classified as 'decontaminated' and no memorial is required on the title.
The Commission has required Notifications under the
Transfer of Land Act
to be lodged on the new land titles advising on the three matters of rock fill, sheet piling and drainage runoff as apply to the land.
In addition the landowner has provided a letter of undertaking to inform prospective purchasers of lots of the classification provided by the Department of Environment and Conservation for the land.
(c) On the basis of the technical advice received, the WAPC has approved the subdivision and cleared the relevant conditions as the Commission considers the site suitable for its residential purpose.
(d) The WAPC has considered matters relating to the subdivision of the site and its suitability for residential purposes. Issues on individual land development (buildings) and possible damage to adjacent properties from historic development activities on the site are issues usually addressed by the local government and are more appropriately addressed by the City of Stirling, or indeed by the builder. For example, different soil conditions require different footing design responses and these are determined at development approval and building licence stages.
(e) I have asked the Western Australian Planning Commission to undertake such discussions, which I understand is occurring.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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