❓ Mr. Tinley questions the Minister for Planning regarding the City of Fremantle's handling of the Taylor's College development, focusing on adherence to the Local Planning Scheme and consideration of residents' concerns. The Minister provides brief affirmative answers and refers back to a previous question.
AnsweredQoN 202Legislative Assembly
QuestionView source ↗
I refer to the Minister's answer to Question on Notice No. 8544 asked on 11 September 2012 concerning the City of Fremantle's Taylor’s College development, and I ask:
(a) does the document tabled with the Minister's answer to that question, Tabled Paper No. 5436, include the floor levels of the existing, abutting lots;
(b) is the Minister aware that the experience of residents in these adjoining lots who were only expecting a 1.8 metre high wall, as indicated in the structure plan, is that they were not considered by the City of Fremantle when the decision was made to raise the level of the land by about 2 metres;
(c) under the Local Planning Scheme, in considering the application submitted by the developer, was the City of Fremantle required to have regard to such matters as:
(i) the aims of the Local Planning Scheme;
(ii) the structure plan;
(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 likely effect of the height, bulk and scale of the development on adjoining lots; the height, position, form and materials of fences and walls;
(vi) the probable effect on traffic flow and safety; and
(vii) any other planning consideration, such as variations that have been made to previously approved plans;
(d) is the Minister aware that the Local Planning Scheme requires that the proposed structure plan conform with the Local Planning Scheme when advertised;
(e) is advertising a proposed structure plan that conforms with the requirements of the Scheme (so that, for example, people who are likely to be affected can form a view and have their view properly considered by the local government), a separate but necessary process that must be observed to any subsequent decisions about the adoption of the structure plan, subdivision and development; and
(f) in claiming that the proposed structure plan should generally comply with the scheme when advertised, is the Minister failing to observe the Local Planning Scheme when representations are made under section 211 of the
Planning and Development Act 2005
by people aggrieved by the failure of the local government to advertise a proposed structure plan that conforms with the requirements of the Scheme?
(a) does the document tabled with the Minister's answer to that question, Tabled Paper No. 5436, include the floor levels of the existing, abutting lots;
(b) is the Minister aware that the experience of residents in these adjoining lots who were only expecting a 1.8 metre high wall, as indicated in the structure plan, is that they were not considered by the City of Fremantle when the decision was made to raise the level of the land by about 2 metres;
(c) under the Local Planning Scheme, in considering the application submitted by the developer, was the City of Fremantle required to have regard to such matters as:
(i) the aims of the Local Planning Scheme;
(ii) the structure plan;
(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 likely effect of the height, bulk and scale of the development on adjoining lots; the height, position, form and materials of fences and walls;
(vi) the probable effect on traffic flow and safety; and
(vii) any other planning consideration, such as variations that have been made to previously approved plans;
(d) is the Minister aware that the Local Planning Scheme requires that the proposed structure plan conform with the Local Planning Scheme when advertised;
(e) is advertising a proposed structure plan that conforms with the requirements of the Scheme (so that, for example, people who are likely to be affected can form a view and have their view properly considered by the local government), a separate but necessary process that must be observed to any subsequent decisions about the adoption of the structure plan, subdivision and development; and
(f) in claiming that the proposed structure plan should generally comply with the scheme when advertised, is the Minister failing to observe the Local Planning Scheme when representations are made under section 211 of the
Planning and Development Act 2005
by people aggrieved by the failure of the local government to advertise a proposed structure plan that conforms with the requirements of the Scheme?
AnswerView source ↗
Answered
11 June 2013
Responded by
Minister for Planning
Response time
33 days
(a-b) Yes. Refer to Legislative Assembly Question On Notice 8544.
(c) Yes.
(d) Yes.
(e) Yes. A structure plan needs to be advertised prior to a decision on its
adoption and any subsequent subdivision and development.
(f) Refer to Legislative Assembly Question On Notice 8544.
(c) Yes.
(d) Yes.
(e) Yes. A structure plan needs to be advertised prior to a decision on its
adoption and any subsequent subdivision and development.
(f) Refer to Legislative Assembly Question On Notice 8544.
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