Hon Helen Morton questions the Minister for Planning and Infrastructure regarding delays in Ms H Gill's property subdivision in Mount Helena, attributing it to the Shire of Mundaring's delayed Town Planning Scheme 4. The Minister clarifies their limited role and outlines actions taken regarding rezoning.

AnsweredQoN 4172Legislative Council
Asked
13 September 2006
Portfolio
Planning and Infrastructure

QuestionView source ↗

(1) Is the Minister aware of the compelling compassionate grounds behind the application of Ms H Gill to sub divide property at 16-18 Dean Street, Mount Helena?
(2) Is the Minister aware of any barrier to the subdivision other than the need to rezone the land?
(3) Is it true that the Shire of Mundaring has no objections to the subdivision?
(4) Is it also true that the only reason this subdivision cannot proceed is because the Shire of Mundaring has not submitted Town Planning Scheme 4, which was due November 2005?
(5) Is it true that this means that the subdivision will be held up for at least another two years?
(6) Is there any action anyone can take to expedite the subdivision?

AnswerView source ↗

Answered
19 October 2006
Responded by
Parliamentary Secretary representing the Minister for Planning and Infrastructure
Response time
36 days
(1) The Minister has been made aware of the circumstances of Ms H Gill and her
parents, as Ms Jaye Radisich, MLA for Swan Hills, and the Hon Helen Morton
have raised the situation with the Minister.
(2) The process for the subdivision of land is not a matter in which the Minister
has a role. The process of Ministerial appeal on subdivision matters has been
removed from the statute and the Western Australian Planning Commission
determines the basis and conditions for the subdivision of land. The Minister is
not aware whether the 'rezoning' of the land is a barrier or the only constraint to
the subdivision of Ms Gill's land, but the 'zoning' of land is a critical
consideration for the Western Australian Planning Commission in determining
whether land is suitable for subdivision.
(3) The Minister is not aware of the position of the Shire of Mundaring in respect of the suggested subdivision. As indicated in (2), the Minister has no function in the land subdivision process and is not privy to the recommendations of local governments or the Western Australian Planning Commission in such matters.
(4) The Minister is not aware of the reasons for the subdivision proceeding or not. In respect of the proposal to rezone lot 31 (16-18) Dean Street, the Shire of Mundaring has put forward amendment No. 53 under its current town planning scheme No. 3 and the Minister has informed the Shire of Mundaring that she will reconsider that amendment.
(5) The Shire of Mundaring has a strategy to which it is working for the preparation, advertising and public consultation associated with the proposed new town planning scheme No. 4. The Minister is aware that the strategy indicates that TPS 4 will not be concluded till mid 2009.
(6) The matter of the subdivision is for the Western Australian Planning Commission to determine as indicated in 4 above. In line with the undertaking given to the Shire of Mundaring the Minister has reconsidered the current amendment under town planning scheme 3, and will approve the rezoning provided a ten meter strip on the edge of Ms Gills' land is protected so that so that future subdivisions are not compromised.

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