❓ Hon Simon O’Brien asks about third-party planning approval representations referred to the SAT by the Minister since April 2003. The answer clarifies the Minister's limited referral powers under the Planning and Development Act 2005, stating no such referrals occurred.
AnsweredQoN 4169Legislative Council
QuestionView source ↗
(1) How many representations by aggrieved third parties against planning approvals have been made to the Minister since April 2003?
(2) How many of these representations have been referred to the State Administrative Tribunal (SAT)?
(3) Of those that the Minister referred, how many were upheld by the SAT?
(4) Of those upheld by the SAT, in how many cases did the Minister fully adopt the recommended action of the SAT?
(2) How many of these representations have been referred to the State Administrative Tribunal (SAT)?
(3) Of those that the Minister referred, how many were upheld by the SAT?
(4) Of those upheld by the SAT, in how many cases did the Minister fully adopt the recommended action of the SAT?
AnswerView source ↗
Answered
27 September 2006
Responded by
Parliamentary Secretary representing the Minister for Planning and Infrastructure
Response time
15 days
(2) None. Section 211 of the Planning and Development Act 2005 provides that the Minister may refer representations relating to (a) the failure of a local government to enforce or implement effectively the observance of a local planning scheme; or (b) the failure of a local government to execute any works which, under a local planning scheme or this Act, the local government is required to execute to the State Administrative Tribunal (SAT). There is no provision providing for representations by aggrieved third parties against planning approvals to be formally referred by the Hon. Minister to the SAT; (3) not applicable; (4) not applicable.
(a) the failure of a local government to enforce or implement effectively the observance of a local planning scheme; or (b) the failure of a local government to execute any works which, under a local planning scheme or this Act, the local government is required to execute to the State Administrative Tribunal (SAT). There is no provision providing for representations by aggrieved third parties against planning approvals to be formally referred by the Hon. Minister to the SAT; (3) not applicable; (4) not applicable.
(b) the failure of a local government to execute any works which, under a local planning scheme or this Act, the local government is required to execute to the State Administrative Tribunal (SAT). There is no provision providing for representations by aggrieved third parties against planning approvals to be formally referred by the Hon. Minister to the SAT; (3) not applicable; (4) not applicable.
to the State Administrative Tribunal (SAT). There is no provision providing for representations by aggrieved third parties against planning approvals to be formally referred by the Hon. Minister to the SAT; (3) not applicable; (4) not applicable.
(3) not applicable; (4) not applicable.
(4) not applicable.
(a) the failure of a local government to enforce or implement effectively the observance of a local planning scheme; or (b) the failure of a local government to execute any works which, under a local planning scheme or this Act, the local government is required to execute to the State Administrative Tribunal (SAT). There is no provision providing for representations by aggrieved third parties against planning approvals to be formally referred by the Hon. Minister to the SAT; (3) not applicable; (4) not applicable.
(b) the failure of a local government to execute any works which, under a local planning scheme or this Act, the local government is required to execute to the State Administrative Tribunal (SAT). There is no provision providing for representations by aggrieved third parties against planning approvals to be formally referred by the Hon. Minister to the SAT; (3) not applicable; (4) not applicable.
to the State Administrative Tribunal (SAT). There is no provision providing for representations by aggrieved third parties against planning approvals to be formally referred by the Hon. Minister to the SAT; (3) not applicable; (4) not applicable.
(3) not applicable; (4) not applicable.
(4) not applicable.
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