❓ A WA parliamentary question addresses potential conflict of interest in the WAPC's assessment of the Port Catherine development, given their land control, and questions compliance with coastal setback regulations. The Minister's response defends the WAPC's impartiality and cites policy exemptions for foreshore-dependent developments like marinas.
AnsweredQoN 563Legislative Council
QuestionView source ↗
(1) What measures has the Minister put in place to ensure there is no conflict of interest in the WAPC assessing the planning application for the Port Catherine residential marina development proposal while controlling the majority of the land?
(2) Does the proposed Port Catherine residential marina development comply with the normal 100 metre coastal setback?
(2) Does the proposed Port Catherine residential marina development comply with the normal 100 metre coastal setback?
AnswerView source ↗
Answered
10 June 2003
Responded by
Parliamentary Secretary representing the Minister for Planning and Infrastructure
Response time
82 days
As for the issue of conflict of interest, the WAPC is acting as the Government’s agent under the Port Catherine Project Agreement (the State Agreement) for the purposes of co-ordinating the remediation and disposal of government owned land contaminated through past industrial use. The provisions of the State Agreement are separate to, and in no way fetter the WAPC’s discretion or statutory planning obligations, which it has exercised and will continue to exercise impartially in the consideration of planning and land use matters relating to Port Catherine. 2. The Government recently released the State Coastal Planning Policy which provides, inter alia, that as a “general guide a total setback in the order of 100 metres from the horizontal setback datum (HSD) will be expected but each proposal must be assessed having regard to this Policy”. With regard to the proposed development of Port Catherine, Part G of Schedule 1 to the Policy states that setbacks shall be applied to all coastal developments with the exception of, inter alia: “Industrial and commercial development that is demonstrably dependent on a foreshore location. Such development may include, for example, marinas, cage based aquaculture operations, port facilities and associated infrastructure.” In any event the Port Catherine development is the subject of an extensive series of agreements going back many decades and which give to the developers legal entitlements.
2. The Government recently released the State Coastal Planning Policy which provides, inter alia, that as a “general guide a total setback in the order of 100 metres from the horizontal setback datum (HSD) will be expected but each proposal must be assessed having regard to this Policy”. With regard to the proposed development of Port Catherine, Part G of Schedule 1 to the Policy states that setbacks shall be applied to all coastal developments with the exception of, inter alia: “Industrial and commercial development that is demonstrably dependent on a foreshore location. Such development may include, for example, marinas, cage based aquaculture operations, port facilities and associated infrastructure.” In any event the Port Catherine development is the subject of an extensive series of agreements going back many decades and which give to the developers legal entitlements.
With regard to the proposed development of Port Catherine, Part G of Schedule 1 to the Policy states that setbacks shall be applied to all coastal developments with the exception of, inter alia: “Industrial and commercial development that is demonstrably dependent on a foreshore location. Such development may include, for example, marinas, cage based aquaculture operations, port facilities and associated infrastructure.” In any event the Port Catherine development is the subject of an extensive series of agreements going back many decades and which give to the developers legal entitlements.
In any event the Port Catherine development is the subject of an extensive series of agreements going back many decades and which give to the developers legal entitlements.
2. The Government recently released the State Coastal Planning Policy which provides, inter alia, that as a “general guide a total setback in the order of 100 metres from the horizontal setback datum (HSD) will be expected but each proposal must be assessed having regard to this Policy”. With regard to the proposed development of Port Catherine, Part G of Schedule 1 to the Policy states that setbacks shall be applied to all coastal developments with the exception of, inter alia: “Industrial and commercial development that is demonstrably dependent on a foreshore location. Such development may include, for example, marinas, cage based aquaculture operations, port facilities and associated infrastructure.” In any event the Port Catherine development is the subject of an extensive series of agreements going back many decades and which give to the developers legal entitlements.
With regard to the proposed development of Port Catherine, Part G of Schedule 1 to the Policy states that setbacks shall be applied to all coastal developments with the exception of, inter alia: “Industrial and commercial development that is demonstrably dependent on a foreshore location. Such development may include, for example, marinas, cage based aquaculture operations, port facilities and associated infrastructure.” In any event the Port Catherine development is the subject of an extensive series of agreements going back many decades and which give to the developers legal entitlements.
In any event the Port Catherine development is the subject of an extensive series of agreements going back many decades and which give to the developers legal entitlements.
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