❓ Hon Giz Watson questions the Planning and Infrastructure Minister regarding the Mullaloo Beach Tavern redevelopment, focusing on planning approval processes, alleged breaches of conditions, and the City of Joondalup's involvement. The Minister acknowledges delays due to legal proceedings and clarifies responsibilities.
AnsweredQoN 2004Legislative Council
QuestionView source ↗
With regard to the redevelopment proposal for the Mullaloo Beach Tavern -
(1) Can you confirm that, in August 2002, residents of Mullaloo and Kallaroo requested an investigation into the planning approval process for a redevelopment proposal of the Mullaloo Beach Tavern be accordance with Section 18.2 of the
Town Planning and Development Act
?
(2) Has that investigation commenced and if so, on what date?
(3) If yes to (2), when will the investigation process be finalised and the results forwarded to the residents?
(4) Are you aware that the Building Licence for this site, approved under delegated authority, contravenes some of the conditions of the development approval, these breaches include -
(a) the number of on site parking bays;
(b) the access ramp design;
(c) the absence of an acoustic report; and
(d) the approval of Net Lettable Area in excess of that laid down by the relevant District Planning Scheme?
(5) What measures will you undertake to ensure that such breaches are rectified?
(6) Are you aware that a previous and much smaller redevelopment concept for this site was not considered suitable by planning officers of the City of Joondalup, because it could not satisfy the amenity and other requirements of the City of Joondalup’s District planning scheme?
(7) Was the current development processed and approved before or after the appointment of Dennis Smith as CEO?
(1) Can you confirm that, in August 2002, residents of Mullaloo and Kallaroo requested an investigation into the planning approval process for a redevelopment proposal of the Mullaloo Beach Tavern be accordance with Section 18.2 of the
Town Planning and Development Act
?
(2) Has that investigation commenced and if so, on what date?
(3) If yes to (2), when will the investigation process be finalised and the results forwarded to the residents?
(4) Are you aware that the Building Licence for this site, approved under delegated authority, contravenes some of the conditions of the development approval, these breaches include -
(a) the number of on site parking bays;
(b) the access ramp design;
(c) the absence of an acoustic report; and
(d) the approval of Net Lettable Area in excess of that laid down by the relevant District Planning Scheme?
(5) What measures will you undertake to ensure that such breaches are rectified?
(6) Are you aware that a previous and much smaller redevelopment concept for this site was not considered suitable by planning officers of the City of Joondalup, because it could not satisfy the amenity and other requirements of the City of Joondalup’s District planning scheme?
(7) Was the current development processed and approved before or after the appointment of Dennis Smith as CEO?
AnswerView source ↗
Answered
30 June 2004
Responded by
Parliamentary Secretary representing the Minister for Planning and Infrastructure
Response time
50 days
(b) the access ramp design; (c) the absence of an acoustic report; and (d) the approval of Net Lettable Area in excess of that laid down by the relevant District Planning Scheme?
(c) the absence of an acoustic report; and (d) the approval of Net Lettable Area in excess of that laid down by the relevant District Planning Scheme?
(d) the approval of Net Lettable Area in excess of that laid down by the relevant District Planning Scheme?
1. Yes 2. Yes. 30 August 2002 3. There was a delay in finalising the investigation process due to legal proceedings recently being heard by the Supreme Court against the City of Joondalup. The Supreme Court decision was delivered on 28 November 2003. A decision on the section 18(2) enquiry was made on 31 May 2004 and the applicant advised on the same day. 4. It is understood that allegations have been that a building licence issued for the development is inconsistent with the conditions of Council’s development approval. Development applications and building licence applications are assessed under separate legislation. An applicant is obliged to ensure compliance with both the Council’s development approval and the Council’s building approval. The Council has powers available to it under the respective legislation to enforce against non-compliance with a development approval or a building approval. 5. The local government is responsible for ensuring that the development complies with the conditions of a development approval and for taking enforcement action if a breach of the approval has occurred. 6. No. There are many other considerations, other than size, in determining impact on amenity and compliance with a town planning scheme. 7. After.
2. Yes. 30 August 2002 3. There was a delay in finalising the investigation process due to legal proceedings recently being heard by the Supreme Court against the City of Joondalup. The Supreme Court decision was delivered on 28 November 2003. A decision on the section 18(2) enquiry was made on 31 May 2004 and the applicant advised on the same day. 4. It is understood that allegations have been that a building licence issued for the development is inconsistent with the conditions of Council’s development approval. Development applications and building licence applications are assessed under separate legislation. An applicant is obliged to ensure compliance with both the Council’s development approval and the Council’s building approval. The Council has powers available to it under the respective legislation to enforce against non-compliance with a development approval or a building approval. 5. The local government is responsible for ensuring that the development complies with the conditions of a development approval and for taking enforcement action if a breach of the approval has occurred. 6. No. There are many other considerations, other than size, in determining impact on amenity and compliance with a town planning scheme. 7. After.
3. There was a delay in finalising the investigation process due to legal proceedings recently being heard by the Supreme Court against the City of Joondalup. The Supreme Court decision was delivered on 28 November 2003. A decision on the section 18(2) enquiry was made on 31 May 2004 and the applicant advised on the same day. 4. It is understood that allegations have been that a building licence issued for the development is inconsistent with the conditions of Council’s development approval. Development applications and building licence applications are assessed under separate legislation. An applicant is obliged to ensure compliance with both the Council’s development approval and the Council’s building approval. The Council has powers available to it under the respective legislation to enforce against non-compliance with a development approval or a building approval. 5. The local government is responsible for ensuring that the development complies with the conditions of a development approval and for taking enforcement action if a breach of the approval has occurred. 6. No. There are many other considerations, other than size, in determining impact on amenity and compliance with a town planning scheme. 7. After.
4. It is understood that allegations have been that a building licence issued for the development is inconsistent with the conditions of Council’s development approval. Development applications and building licence applications are assessed under separate legislation. An applicant is obliged to ensure compliance with both the Council’s development approval and the Council’s building approval. The Council has powers available to it under the respective legislation to enforce against non-compliance with a development approval or a building approval. 5. The local government is responsible for ensuring that the development complies with the conditions of a development approval and for taking enforcement action if a breach of the approval has occurred. 6. No. There are many other considerations, other than size, in determining impact on amenity and compliance with a town planning scheme. 7. After.
Development applications and building licence applications are assessed under separate legislation. An applicant is obliged to ensure compliance with both the Council’s development approval and the Council’s building approval. The Council has powers available to it under the respective legislation to enforce against non-compliance with a development approval or a building approval. 5. The local government is responsible for ensuring that the development complies with the conditions of a development approval and for taking enforcement action if a breach of the approval has occurred. 6. No. There are many other considerations, other than size, in determining impact on amenity and compliance with a town planning scheme. 7. After.
5. The local government is responsible for ensuring that the development complies with the conditions of a development approval and for taking enforcement action if a breach of the approval has occurred. 6. No. There are many other considerations, other than size, in determining impact on amenity and compliance with a town planning scheme. 7. After.
6. No. There are many other considerations, other than size, in determining impact on amenity and compliance with a town planning scheme. 7. After.
7. After.
(c) the absence of an acoustic report; and (d) the approval of Net Lettable Area in excess of that laid down by the relevant District Planning Scheme?
(d) the approval of Net Lettable Area in excess of that laid down by the relevant District Planning Scheme?
1. Yes 2. Yes. 30 August 2002 3. There was a delay in finalising the investigation process due to legal proceedings recently being heard by the Supreme Court against the City of Joondalup. The Supreme Court decision was delivered on 28 November 2003. A decision on the section 18(2) enquiry was made on 31 May 2004 and the applicant advised on the same day. 4. It is understood that allegations have been that a building licence issued for the development is inconsistent with the conditions of Council’s development approval. Development applications and building licence applications are assessed under separate legislation. An applicant is obliged to ensure compliance with both the Council’s development approval and the Council’s building approval. The Council has powers available to it under the respective legislation to enforce against non-compliance with a development approval or a building approval. 5. The local government is responsible for ensuring that the development complies with the conditions of a development approval and for taking enforcement action if a breach of the approval has occurred. 6. No. There are many other considerations, other than size, in determining impact on amenity and compliance with a town planning scheme. 7. After.
2. Yes. 30 August 2002 3. There was a delay in finalising the investigation process due to legal proceedings recently being heard by the Supreme Court against the City of Joondalup. The Supreme Court decision was delivered on 28 November 2003. A decision on the section 18(2) enquiry was made on 31 May 2004 and the applicant advised on the same day. 4. It is understood that allegations have been that a building licence issued for the development is inconsistent with the conditions of Council’s development approval. Development applications and building licence applications are assessed under separate legislation. An applicant is obliged to ensure compliance with both the Council’s development approval and the Council’s building approval. The Council has powers available to it under the respective legislation to enforce against non-compliance with a development approval or a building approval. 5. The local government is responsible for ensuring that the development complies with the conditions of a development approval and for taking enforcement action if a breach of the approval has occurred. 6. No. There are many other considerations, other than size, in determining impact on amenity and compliance with a town planning scheme. 7. After.
3. There was a delay in finalising the investigation process due to legal proceedings recently being heard by the Supreme Court against the City of Joondalup. The Supreme Court decision was delivered on 28 November 2003. A decision on the section 18(2) enquiry was made on 31 May 2004 and the applicant advised on the same day. 4. It is understood that allegations have been that a building licence issued for the development is inconsistent with the conditions of Council’s development approval. Development applications and building licence applications are assessed under separate legislation. An applicant is obliged to ensure compliance with both the Council’s development approval and the Council’s building approval. The Council has powers available to it under the respective legislation to enforce against non-compliance with a development approval or a building approval. 5. The local government is responsible for ensuring that the development complies with the conditions of a development approval and for taking enforcement action if a breach of the approval has occurred. 6. No. There are many other considerations, other than size, in determining impact on amenity and compliance with a town planning scheme. 7. After.
4. It is understood that allegations have been that a building licence issued for the development is inconsistent with the conditions of Council’s development approval. Development applications and building licence applications are assessed under separate legislation. An applicant is obliged to ensure compliance with both the Council’s development approval and the Council’s building approval. The Council has powers available to it under the respective legislation to enforce against non-compliance with a development approval or a building approval. 5. The local government is responsible for ensuring that the development complies with the conditions of a development approval and for taking enforcement action if a breach of the approval has occurred. 6. No. There are many other considerations, other than size, in determining impact on amenity and compliance with a town planning scheme. 7. After.
Development applications and building licence applications are assessed under separate legislation. An applicant is obliged to ensure compliance with both the Council’s development approval and the Council’s building approval. The Council has powers available to it under the respective legislation to enforce against non-compliance with a development approval or a building approval. 5. The local government is responsible for ensuring that the development complies with the conditions of a development approval and for taking enforcement action if a breach of the approval has occurred. 6. No. There are many other considerations, other than size, in determining impact on amenity and compliance with a town planning scheme. 7. After.
5. The local government is responsible for ensuring that the development complies with the conditions of a development approval and for taking enforcement action if a breach of the approval has occurred. 6. No. There are many other considerations, other than size, in determining impact on amenity and compliance with a town planning scheme. 7. After.
6. No. There are many other considerations, other than size, in determining impact on amenity and compliance with a town planning scheme. 7. After.
7. After.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.