❓ Hon Donna Taylor asks about the Minister for Planning and Infrastructure's use of powers under section 70(2)(b) of the Town Planning and Development Act 1928. The Minister provides details of two instances where directions were issued, including the outcomes.
AnsweredQoN 2947Legislative Council
QuestionView source ↗
I refer to clause 70(2)(b) of the
Town Planning and Development Act 1928
, and ask -
Since March 1 2001 -
(1) How many of these directions, to the then Town Planning Appeal Tribunal and the State Administrative Tribunal, to refer the appeal with recommendations to the Minister, has the Minister for Planning and Infrastructure issued?
(2) For each case, please detail the Minister’s final decision, that is, whether the Minister upheld the appeal or rejected the appeal?
Town Planning and Development Act 1928
, and ask -
Since March 1 2001 -
(1) How many of these directions, to the then Town Planning Appeal Tribunal and the State Administrative Tribunal, to refer the appeal with recommendations to the Minister, has the Minister for Planning and Infrastructure issued?
(2) For each case, please detail the Minister’s final decision, that is, whether the Minister upheld the appeal or rejected the appeal?
AnswerView source ↗
Answered
22 March 2006
Responded by
Parliamentary Secretary representing the Minister for Planning and Infrastructure
Response time
126 days
Section 70(2) (b) of the Town Planning and Development Act was introduced by the Planning Appeals Amendment Act 2002, which came into operation on 18 April 2003. The section was further amended by the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 which, in consequence of the State Administrative Tribunal Act 2004, replaced the Town Planning Appeal Tribunal with the State Administrative Tribunal (SAT), in January 2005. The following answers relate to all matters the subject of directions under section 70(2) (b) of the Town Planning and Development Act by the Minister for Planning and Infrastructure. 1. Two. 2. a) In the matter of TPAT Appeal No. 334 of 2003, between Perpetual Nominees Ltd, Emergency Services Superannuation Board and Colonial First State Property Limited (Appellants) and the City of Rockingham (Respondent), the then Acting Minister for Planning and Infrastructure directed the Town Planning Appeal Tribunal on 2 January 2004 to hear the matter and refer it with recommendations to the Minister for determination. The Town Planning Appeal Tribunal subsequently made its recommendation to the Minister for Planning and Infrastructure on 11 August 2004. On 14 September 2004, the Minister accepted the Tribunal's recommendation and dismissed the appeal. 2. b) In the matter of TPAT Appeal No. 277 of 2004, between Moore River Company Pty. Ltd. (then Appellant) and the Western Australian Planning Commission (Respondent), the Minister for Planning and Infrastructure directed the Town Planning Appeal Tribunal on 26 November 2004 to hear the matter and refer it with recommendations to the Minister for determination. The matter has since been transferred to the SAT, but has not been the subject of substantive hearing. The Member may be aware that the Minister stated late last year that she will delegate consideration of the Tribunal's recommendation on this matter.
1. Two. 2. a) In the matter of TPAT Appeal No. 334 of 2003, between Perpetual Nominees Ltd, Emergency Services Superannuation Board and Colonial First State Property Limited (Appellants) and the City of Rockingham (Respondent), the then Acting Minister for Planning and Infrastructure directed the Town Planning Appeal Tribunal on 2 January 2004 to hear the matter and refer it with recommendations to the Minister for determination. The Town Planning Appeal Tribunal subsequently made its recommendation to the Minister for Planning and Infrastructure on 11 August 2004. On 14 September 2004, the Minister accepted the Tribunal's recommendation and dismissed the appeal. 2. b) In the matter of TPAT Appeal No. 277 of 2004, between Moore River Company Pty. Ltd. (then Appellant) and the Western Australian Planning Commission (Respondent), the Minister for Planning and Infrastructure directed the Town Planning Appeal Tribunal on 26 November 2004 to hear the matter and refer it with recommendations to the Minister for determination. The matter has since been transferred to the SAT, but has not been the subject of substantive hearing. The Member may be aware that the Minister stated late last year that she will delegate consideration of the Tribunal's recommendation on this matter.
2. a) In the matter of TPAT Appeal No. 334 of 2003, between Perpetual Nominees Ltd, Emergency Services Superannuation Board and Colonial First State Property Limited (Appellants) and the City of Rockingham (Respondent), the then Acting Minister for Planning and Infrastructure directed the Town Planning Appeal Tribunal on 2 January 2004 to hear the matter and refer it with recommendations to the Minister for determination. The Town Planning Appeal Tribunal subsequently made its recommendation to the Minister for Planning and Infrastructure on 11 August 2004. On 14 September 2004, the Minister accepted the Tribunal's recommendation and dismissed the appeal. 2. b) In the matter of TPAT Appeal No. 277 of 2004, between Moore River Company Pty. Ltd. (then Appellant) and the Western Australian Planning Commission (Respondent), the Minister for Planning and Infrastructure directed the Town Planning Appeal Tribunal on 26 November 2004 to hear the matter and refer it with recommendations to the Minister for determination. The matter has since been transferred to the SAT, but has not been the subject of substantive hearing. The Member may be aware that the Minister stated late last year that she will delegate consideration of the Tribunal's recommendation on this matter.
2. b) In the matter of TPAT Appeal No. 277 of 2004, between Moore River Company Pty. Ltd. (then Appellant) and the Western Australian Planning Commission (Respondent), the Minister for Planning and Infrastructure directed the Town Planning Appeal Tribunal on 26 November 2004 to hear the matter and refer it with recommendations to the Minister for determination. The matter has since been transferred to the SAT, but has not been the subject of substantive hearing. The Member may be aware that the Minister stated late last year that she will delegate consideration of the Tribunal's recommendation on this matter.
1. Two. 2. a) In the matter of TPAT Appeal No. 334 of 2003, between Perpetual Nominees Ltd, Emergency Services Superannuation Board and Colonial First State Property Limited (Appellants) and the City of Rockingham (Respondent), the then Acting Minister for Planning and Infrastructure directed the Town Planning Appeal Tribunal on 2 January 2004 to hear the matter and refer it with recommendations to the Minister for determination. The Town Planning Appeal Tribunal subsequently made its recommendation to the Minister for Planning and Infrastructure on 11 August 2004. On 14 September 2004, the Minister accepted the Tribunal's recommendation and dismissed the appeal. 2. b) In the matter of TPAT Appeal No. 277 of 2004, between Moore River Company Pty. Ltd. (then Appellant) and the Western Australian Planning Commission (Respondent), the Minister for Planning and Infrastructure directed the Town Planning Appeal Tribunal on 26 November 2004 to hear the matter and refer it with recommendations to the Minister for determination. The matter has since been transferred to the SAT, but has not been the subject of substantive hearing. The Member may be aware that the Minister stated late last year that she will delegate consideration of the Tribunal's recommendation on this matter.
2. a) In the matter of TPAT Appeal No. 334 of 2003, between Perpetual Nominees Ltd, Emergency Services Superannuation Board and Colonial First State Property Limited (Appellants) and the City of Rockingham (Respondent), the then Acting Minister for Planning and Infrastructure directed the Town Planning Appeal Tribunal on 2 January 2004 to hear the matter and refer it with recommendations to the Minister for determination. The Town Planning Appeal Tribunal subsequently made its recommendation to the Minister for Planning and Infrastructure on 11 August 2004. On 14 September 2004, the Minister accepted the Tribunal's recommendation and dismissed the appeal. 2. b) In the matter of TPAT Appeal No. 277 of 2004, between Moore River Company Pty. Ltd. (then Appellant) and the Western Australian Planning Commission (Respondent), the Minister for Planning and Infrastructure directed the Town Planning Appeal Tribunal on 26 November 2004 to hear the matter and refer it with recommendations to the Minister for determination. The matter has since been transferred to the SAT, but has not been the subject of substantive hearing. The Member may be aware that the Minister stated late last year that she will delegate consideration of the Tribunal's recommendation on this matter.
2. b) In the matter of TPAT Appeal No. 277 of 2004, between Moore River Company Pty. Ltd. (then Appellant) and the Western Australian Planning Commission (Respondent), the Minister for Planning and Infrastructure directed the Town Planning Appeal Tribunal on 26 November 2004 to hear the matter and refer it with recommendations to the Minister for determination. The matter has since been transferred to the SAT, but has not been the subject of substantive hearing. The Member may be aware that the Minister stated late last year that she will delegate consideration of the Tribunal's recommendation on this matter.
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