❓ Hon. Simon O'Brien questions the Minister on the use of s211 of the Planning and Development Act 2005 regarding local government enforcement of planning schemes. The Minister clarifies the application of the section and its predecessor.
AnsweredQoN 4310Legislative Council
QuestionView source ↗
I refer to the answer given to my question on notice no. 4169 and noting that the Minister receives large volumes of representations concerning planning issues, I ask -
(1) Have any of these representations involved the failure of a local Government to enforce or implement effectively the observance of a local planning scheme?
(2) If yes to (1), why has the Minister never made use of s211 of the
Planning and Development Act 2005
, to refer such matters to the State Administrative Tribunal?
(3) Has the Minister ever invoked s211?
(4) If no to (3), why have such a provision?
(1) Have any of these representations involved the failure of a local Government to enforce or implement effectively the observance of a local planning scheme?
(2) If yes to (1), why has the Minister never made use of s211 of the
Planning and Development Act 2005
, to refer such matters to the State Administrative Tribunal?
(3) Has the Minister ever invoked s211?
(4) If no to (3), why have such a provision?
AnswerView source ↗
Answered
23 November 2006
Responded by
Parliamentary Secretary representing the Minister for Planning and Infrastructure
Response time
28 days
(2 - 3) A number of matters falling within the scope of the equivalent provision of s211 of the Planning and Development Act 2005 or under the previous s18(2) of the Town Planning and Development Act 1928 have been referred to the State Administrative Tribunal (SAT) for its report and recommendations. The Member is reminded that, as stated in the response to Question on Notice 4169, there is no provision for representations by aggrieved third parties against planning approvals to be formally referred by the Minister to the SAT. (4) Not applicable.
The Member is reminded that, as stated in the response to Question on Notice 4169, there is no provision for representations by aggrieved third parties against planning approvals to be formally referred by the Minister to the SAT. (4) Not applicable.
(4) Not applicable.
The Member is reminded that, as stated in the response to Question on Notice 4169, there is no provision for representations by aggrieved third parties against planning approvals to be formally referred by the Minister to the SAT. (4) Not applicable.
(4) Not applicable.
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