❓ Hon Jim Scott questions the Minister for Planning and Infrastructure regarding the process and implications of deleting the Fremantle Eastern Bypass from the Metropolitan Region Scheme (MRS), specifically concerning land sales within the road reserve.
AnsweredQoN 516Legislative Council
QuestionView source ↗
(1) Does the Minister intend to present the Fremantle Eastern Bypass deletion as a separate MRS Amendment or will it be part of a MRS omnibus amendment?
(2) Can the land in the current Fremantle Eastern Bypass road reserve be sold before a MRS Amendment deletion?
(3) If not, will the Minister detail the impediments to the sale of the land?
(2) Can the land in the current Fremantle Eastern Bypass road reserve be sold before a MRS Amendment deletion?
(3) If not, will the Minister detail the impediments to the sale of the land?
AnswerView source ↗
Answered
9 April 2002
Responded by
Parliamentary Secretary representing the Minister for Planning and Infrastructure
Response time
20 days
(2) There is no legal impediment to the sale of land prior to finalisation of an MRS amendment. However, this would be generally undesirable. (3) Sale prior to removal of the reservation would mean that the land would still be detrimentally affected by the reservation and its redevelopment potential would be reduced or uncertain as the land would not be suitably zoned at both the MRS and local Town Planning Scheme. Sale prior to removal of the reservation would leave the Western Australian Planning Commission with a contingent liability to compensate purchasers for any refused or conditional development approval. Sale prior to completion of the statutory planning process would also result in lesser values being realised for the land, with consequent negative budgetary impacts. It should also be noted that subdivision and development approvals cannot be made conditional on the outcome of zoning processes, which would make the consideration of subdivision and development proposals by the WAPC and local government prior to finalisation of scheme amendments problematic.
(3) Sale prior to removal of the reservation would mean that the land would still be detrimentally affected by the reservation and its redevelopment potential would be reduced or uncertain as the land would not be suitably zoned at both the MRS and local Town Planning Scheme. Sale prior to removal of the reservation would leave the Western Australian Planning Commission with a contingent liability to compensate purchasers for any refused or conditional development approval. Sale prior to completion of the statutory planning process would also result in lesser values being realised for the land, with consequent negative budgetary impacts. It should also be noted that subdivision and development approvals cannot be made conditional on the outcome of zoning processes, which would make the consideration of subdivision and development proposals by the WAPC and local government prior to finalisation of scheme amendments problematic.
(3) Sale prior to removal of the reservation would mean that the land would still be detrimentally affected by the reservation and its redevelopment potential would be reduced or uncertain as the land would not be suitably zoned at both the MRS and local Town Planning Scheme. Sale prior to removal of the reservation would leave the Western Australian Planning Commission with a contingent liability to compensate purchasers for any refused or conditional development approval. Sale prior to completion of the statutory planning process would also result in lesser values being realised for the land, with consequent negative budgetary impacts. It should also be noted that subdivision and development approvals cannot be made conditional on the outcome of zoning processes, which would make the consideration of subdivision and development proposals by the WAPC and local government prior to finalisation of scheme amendments problematic.
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