❓ Hon Simon O’Brien questions the Department of Planning and Infrastructure (DPI) regarding a development approval for a mixed-use redevelopment at Halls Head, specifically concerning height restrictions and compliance with coastal planning policies. The DPI clarifies policy interpretations and confirms the application's progress through the planning commission.
AnsweredQoN 4168Legislative Council
QuestionView source ↗
I refer to the development of lot 701 (11-17) Oversby Street, Halls Head (currently Blue Bay Motel), development approval given on 18 July 2006, and I ask -
(1) Was the Department of Planning and Infrastructure (DPI) asked by the Mandurah City Council before the 18 July 2006, for comment on whether the height in metres and numbers of floors of the proposed development accorded with State’s Coastal Planning Policies?
(2) Did the DPI provide comment to the Council on, before or after that date?
(3) If yes to (2), when and what comments were provided?
(4) Noting that this proposed mixed use re-development will require Western Australian Planning Commission approval before it can proceed, has an application been lodged with the Planning Commission and if so, by whom and when?
(5) Will this application be considered under clause 21 of the Peel Region Scheme?
(6) If yes to (5), what criteria will be used by the Planning Commission to assess this application under that clause?
(7) Will the application be considered by the Peel Region Planning Committee of the Planning Commission and, if so, when?
(8) Are the deliberations of the Committee open to the public?
(9) If no to (8), why not?
(1) Was the Department of Planning and Infrastructure (DPI) asked by the Mandurah City Council before the 18 July 2006, for comment on whether the height in metres and numbers of floors of the proposed development accorded with State’s Coastal Planning Policies?
(2) Did the DPI provide comment to the Council on, before or after that date?
(3) If yes to (2), when and what comments were provided?
(4) Noting that this proposed mixed use re-development will require Western Australian Planning Commission approval before it can proceed, has an application been lodged with the Planning Commission and if so, by whom and when?
(5) Will this application be considered under clause 21 of the Peel Region Scheme?
(6) If yes to (5), what criteria will be used by the Planning Commission to assess this application under that clause?
(7) Will the application be considered by the Peel Region Planning Committee of the Planning Commission and, if so, when?
(8) Are the deliberations of the Committee open to the public?
(9) If no to (8), why not?
AnswerView source ↗
Answered
2 November 2006
Responded by
Parliamentary Secretary representing the Minister for Planning and Infrastructure
Response time
51 days
(2) A response to the question asked by the officer was given during the telephone call (before 18 July 2006). (3) On, or about 14 June 2006. Advice given to the Council officer was: (a) The 12 metre height limit is part of a still-current policy (Policy DC 6.1) which is a guideline and not a mandatory requirement; (b) Policy DC 6.1 is an old policy. With the advent of Peel Region Scheme Clause 21 Resolution No. 2 (Coastal Buildings Above Specified Heights) and the advertising of an amendment to Statement of Planning Policy No. 2.6: State Coastal Planning Policy , which both use five storeys or 21 metres as a bench mark, Policy DC 6.1 has been superseded and no longer has the weight it had previously; (c) The Council officers' belief that the proposed mezzanine floor would not constitute a storey was queried; and (d) The principle of determining the building height by measuring to its eaves was queried. (4) Yes. An application for approval under the Peel Region Scheme was lodged by Health Resorts of Australasia Pty Ltd with the City of Mandurah on 21 July 2006, and was subsequently received by the Commission on 25 July 2006. (5) Yes. (6) See answer to Parliamentary Question LC1486 (29 August 2006), Question 5. (7) Yes. The application was considered on 20 October 2006. (8) No. (9) The proceedings of the Western Australian Planning Commission, including its committees, are not public meetings. In this case the matters raised in the submissions from members of the public will be presented and considered by the Peel Region Planning Committee (a delegated committee of the Commission) in its deliberations.
(3) On, or about 14 June 2006. Advice given to the Council officer was: (a) The 12 metre height limit is part of a still-current policy (Policy DC 6.1) which is a guideline and not a mandatory requirement; (b) Policy DC 6.1 is an old policy. With the advent of Peel Region Scheme Clause 21 Resolution No. 2 (Coastal Buildings Above Specified Heights) and the advertising of an amendment to Statement of Planning Policy No. 2.6: State Coastal Planning Policy , which both use five storeys or 21 metres as a bench mark, Policy DC 6.1 has been superseded and no longer has the weight it had previously; (c) The Council officers' belief that the proposed mezzanine floor would not constitute a storey was queried; and (d) The principle of determining the building height by measuring to its eaves was queried. (4) Yes. An application for approval under the Peel Region Scheme was lodged by Health Resorts of Australasia Pty Ltd with the City of Mandurah on 21 July 2006, and was subsequently received by the Commission on 25 July 2006. (5) Yes. (6) See answer to Parliamentary Question LC1486 (29 August 2006), Question 5. (7) Yes. The application was considered on 20 October 2006. (8) No. (9) The proceedings of the Western Australian Planning Commission, including its committees, are not public meetings. In this case the matters raised in the submissions from members of the public will be presented and considered by the Peel Region Planning Committee (a delegated committee of the Commission) in its deliberations.
(a) The 12 metre height limit is part of a still-current policy (Policy DC 6.1) which is a guideline and not a mandatory requirement; (b) Policy DC 6.1 is an old policy. With the advent of Peel Region Scheme Clause 21 Resolution No. 2 (Coastal Buildings Above Specified Heights) and the advertising of an amendment to Statement of Planning Policy No. 2.6: State Coastal Planning Policy , which both use five storeys or 21 metres as a bench mark, Policy DC 6.1 has been superseded and no longer has the weight it had previously; (c) The Council officers' belief that the proposed mezzanine floor would not constitute a storey was queried; and (d) The principle of determining the building height by measuring to its eaves was queried. (4) Yes. An application for approval under the Peel Region Scheme was lodged by Health Resorts of Australasia Pty Ltd with the City of Mandurah on 21 July 2006, and was subsequently received by the Commission on 25 July 2006. (5) Yes. (6) See answer to Parliamentary Question LC1486 (29 August 2006), Question 5. (7) Yes. The application was considered on 20 October 2006. (8) No. (9) The proceedings of the Western Australian Planning Commission, including its committees, are not public meetings. In this case the matters raised in the submissions from members of the public will be presented and considered by the Peel Region Planning Committee (a delegated committee of the Commission) in its deliberations.
(b) Policy DC 6.1 is an old policy. With the advent of Peel Region Scheme Clause 21 Resolution No. 2 (Coastal Buildings Above Specified Heights) and the advertising of an amendment to Statement of Planning Policy No. 2.6: State Coastal Planning Policy , which both use five storeys or 21 metres as a bench mark, Policy DC 6.1 has been superseded and no longer has the weight it had previously; (c) The Council officers' belief that the proposed mezzanine floor would not constitute a storey was queried; and (d) The principle of determining the building height by measuring to its eaves was queried. (4) Yes. An application for approval under the Peel Region Scheme was lodged by Health Resorts of Australasia Pty Ltd with the City of Mandurah on 21 July 2006, and was subsequently received by the Commission on 25 July 2006. (5) Yes. (6) See answer to Parliamentary Question LC1486 (29 August 2006), Question 5. (7) Yes. The application was considered on 20 October 2006. (8) No. (9) The proceedings of the Western Australian Planning Commission, including its committees, are not public meetings. In this case the matters raised in the submissions from members of the public will be presented and considered by the Peel Region Planning Committee (a delegated committee of the Commission) in its deliberations.
(c) The Council officers' belief that the proposed mezzanine floor would not constitute a storey was queried; and (d) The principle of determining the building height by measuring to its eaves was queried. (4) Yes. An application for approval under the Peel Region Scheme was lodged by Health Resorts of Australasia Pty Ltd with the City of Mandurah on 21 July 2006, and was subsequently received by the Commission on 25 July 2006. (5) Yes. (6) See answer to Parliamentary Question LC1486 (29 August 2006), Question 5. (7) Yes. The application was considered on 20 October 2006. (8) No. (9) The proceedings of the Western Australian Planning Commission, including its committees, are not public meetings. In this case the matters raised in the submissions from members of the public will be presented and considered by the Peel Region Planning Committee (a delegated committee of the Commission) in its deliberations.
(d) The principle of determining the building height by measuring to its eaves was queried. (4) Yes. An application for approval under the Peel Region Scheme was lodged by Health Resorts of Australasia Pty Ltd with the City of Mandurah on 21 July 2006, and was subsequently received by the Commission on 25 July 2006. (5) Yes. (6) See answer to Parliamentary Question LC1486 (29 August 2006), Question 5. (7) Yes. The application was considered on 20 October 2006. (8) No. (9) The proceedings of the Western Australian Planning Commission, including its committees, are not public meetings. In this case the matters raised in the submissions from members of the public will be presented and considered by the Peel Region Planning Committee (a delegated committee of the Commission) in its deliberations.
(4) Yes. An application for approval under the Peel Region Scheme was lodged by Health Resorts of Australasia Pty Ltd with the City of Mandurah on 21 July 2006, and was subsequently received by the Commission on 25 July 2006. (5) Yes. (6) See answer to Parliamentary Question LC1486 (29 August 2006), Question 5. (7) Yes. The application was considered on 20 October 2006. (8) No. (9) The proceedings of the Western Australian Planning Commission, including its committees, are not public meetings. In this case the matters raised in the submissions from members of the public will be presented and considered by the Peel Region Planning Committee (a delegated committee of the Commission) in its deliberations.
(5) Yes. (6) See answer to Parliamentary Question LC1486 (29 August 2006), Question 5. (7) Yes. The application was considered on 20 October 2006. (8) No. (9) The proceedings of the Western Australian Planning Commission, including its committees, are not public meetings. In this case the matters raised in the submissions from members of the public will be presented and considered by the Peel Region Planning Committee (a delegated committee of the Commission) in its deliberations.
(6) See answer to Parliamentary Question LC1486 (29 August 2006), Question 5. (7) Yes. The application was considered on 20 October 2006. (8) No. (9) The proceedings of the Western Australian Planning Commission, including its committees, are not public meetings. In this case the matters raised in the submissions from members of the public will be presented and considered by the Peel Region Planning Committee (a delegated committee of the Commission) in its deliberations.
(7) Yes. The application was considered on 20 October 2006. (8) No. (9) The proceedings of the Western Australian Planning Commission, including its committees, are not public meetings. In this case the matters raised in the submissions from members of the public will be presented and considered by the Peel Region Planning Committee (a delegated committee of the Commission) in its deliberations.
(8) No. (9) The proceedings of the Western Australian Planning Commission, including its committees, are not public meetings. In this case the matters raised in the submissions from members of the public will be presented and considered by the Peel Region Planning Committee (a delegated committee of the Commission) in its deliberations.
(9) The proceedings of the Western Australian Planning Commission, including its committees, are not public meetings. In this case the matters raised in the submissions from members of the public will be presented and considered by the Peel Region Planning Committee (a delegated committee of the Commission) in its deliberations.
(3) On, or about 14 June 2006. Advice given to the Council officer was: (a) The 12 metre height limit is part of a still-current policy (Policy DC 6.1) which is a guideline and not a mandatory requirement; (b) Policy DC 6.1 is an old policy. With the advent of Peel Region Scheme Clause 21 Resolution No. 2 (Coastal Buildings Above Specified Heights) and the advertising of an amendment to Statement of Planning Policy No. 2.6: State Coastal Planning Policy , which both use five storeys or 21 metres as a bench mark, Policy DC 6.1 has been superseded and no longer has the weight it had previously; (c) The Council officers' belief that the proposed mezzanine floor would not constitute a storey was queried; and (d) The principle of determining the building height by measuring to its eaves was queried. (4) Yes. An application for approval under the Peel Region Scheme was lodged by Health Resorts of Australasia Pty Ltd with the City of Mandurah on 21 July 2006, and was subsequently received by the Commission on 25 July 2006. (5) Yes. (6) See answer to Parliamentary Question LC1486 (29 August 2006), Question 5. (7) Yes. The application was considered on 20 October 2006. (8) No. (9) The proceedings of the Western Australian Planning Commission, including its committees, are not public meetings. In this case the matters raised in the submissions from members of the public will be presented and considered by the Peel Region Planning Committee (a delegated committee of the Commission) in its deliberations.
(a) The 12 metre height limit is part of a still-current policy (Policy DC 6.1) which is a guideline and not a mandatory requirement; (b) Policy DC 6.1 is an old policy. With the advent of Peel Region Scheme Clause 21 Resolution No. 2 (Coastal Buildings Above Specified Heights) and the advertising of an amendment to Statement of Planning Policy No. 2.6: State Coastal Planning Policy , which both use five storeys or 21 metres as a bench mark, Policy DC 6.1 has been superseded and no longer has the weight it had previously; (c) The Council officers' belief that the proposed mezzanine floor would not constitute a storey was queried; and (d) The principle of determining the building height by measuring to its eaves was queried. (4) Yes. An application for approval under the Peel Region Scheme was lodged by Health Resorts of Australasia Pty Ltd with the City of Mandurah on 21 July 2006, and was subsequently received by the Commission on 25 July 2006. (5) Yes. (6) See answer to Parliamentary Question LC1486 (29 August 2006), Question 5. (7) Yes. The application was considered on 20 October 2006. (8) No. (9) The proceedings of the Western Australian Planning Commission, including its committees, are not public meetings. In this case the matters raised in the submissions from members of the public will be presented and considered by the Peel Region Planning Committee (a delegated committee of the Commission) in its deliberations.
(b) Policy DC 6.1 is an old policy. With the advent of Peel Region Scheme Clause 21 Resolution No. 2 (Coastal Buildings Above Specified Heights) and the advertising of an amendment to Statement of Planning Policy No. 2.6: State Coastal Planning Policy , which both use five storeys or 21 metres as a bench mark, Policy DC 6.1 has been superseded and no longer has the weight it had previously; (c) The Council officers' belief that the proposed mezzanine floor would not constitute a storey was queried; and (d) The principle of determining the building height by measuring to its eaves was queried. (4) Yes. An application for approval under the Peel Region Scheme was lodged by Health Resorts of Australasia Pty Ltd with the City of Mandurah on 21 July 2006, and was subsequently received by the Commission on 25 July 2006. (5) Yes. (6) See answer to Parliamentary Question LC1486 (29 August 2006), Question 5. (7) Yes. The application was considered on 20 October 2006. (8) No. (9) The proceedings of the Western Australian Planning Commission, including its committees, are not public meetings. In this case the matters raised in the submissions from members of the public will be presented and considered by the Peel Region Planning Committee (a delegated committee of the Commission) in its deliberations.
(c) The Council officers' belief that the proposed mezzanine floor would not constitute a storey was queried; and (d) The principle of determining the building height by measuring to its eaves was queried. (4) Yes. An application for approval under the Peel Region Scheme was lodged by Health Resorts of Australasia Pty Ltd with the City of Mandurah on 21 July 2006, and was subsequently received by the Commission on 25 July 2006. (5) Yes. (6) See answer to Parliamentary Question LC1486 (29 August 2006), Question 5. (7) Yes. The application was considered on 20 October 2006. (8) No. (9) The proceedings of the Western Australian Planning Commission, including its committees, are not public meetings. In this case the matters raised in the submissions from members of the public will be presented and considered by the Peel Region Planning Committee (a delegated committee of the Commission) in its deliberations.
(d) The principle of determining the building height by measuring to its eaves was queried. (4) Yes. An application for approval under the Peel Region Scheme was lodged by Health Resorts of Australasia Pty Ltd with the City of Mandurah on 21 July 2006, and was subsequently received by the Commission on 25 July 2006. (5) Yes. (6) See answer to Parliamentary Question LC1486 (29 August 2006), Question 5. (7) Yes. The application was considered on 20 October 2006. (8) No. (9) The proceedings of the Western Australian Planning Commission, including its committees, are not public meetings. In this case the matters raised in the submissions from members of the public will be presented and considered by the Peel Region Planning Committee (a delegated committee of the Commission) in its deliberations.
(4) Yes. An application for approval under the Peel Region Scheme was lodged by Health Resorts of Australasia Pty Ltd with the City of Mandurah on 21 July 2006, and was subsequently received by the Commission on 25 July 2006. (5) Yes. (6) See answer to Parliamentary Question LC1486 (29 August 2006), Question 5. (7) Yes. The application was considered on 20 October 2006. (8) No. (9) The proceedings of the Western Australian Planning Commission, including its committees, are not public meetings. In this case the matters raised in the submissions from members of the public will be presented and considered by the Peel Region Planning Committee (a delegated committee of the Commission) in its deliberations.
(5) Yes. (6) See answer to Parliamentary Question LC1486 (29 August 2006), Question 5. (7) Yes. The application was considered on 20 October 2006. (8) No. (9) The proceedings of the Western Australian Planning Commission, including its committees, are not public meetings. In this case the matters raised in the submissions from members of the public will be presented and considered by the Peel Region Planning Committee (a delegated committee of the Commission) in its deliberations.
(6) See answer to Parliamentary Question LC1486 (29 August 2006), Question 5. (7) Yes. The application was considered on 20 October 2006. (8) No. (9) The proceedings of the Western Australian Planning Commission, including its committees, are not public meetings. In this case the matters raised in the submissions from members of the public will be presented and considered by the Peel Region Planning Committee (a delegated committee of the Commission) in its deliberations.
(7) Yes. The application was considered on 20 October 2006. (8) No. (9) The proceedings of the Western Australian Planning Commission, including its committees, are not public meetings. In this case the matters raised in the submissions from members of the public will be presented and considered by the Peel Region Planning Committee (a delegated committee of the Commission) in its deliberations.
(8) No. (9) The proceedings of the Western Australian Planning Commission, including its committees, are not public meetings. In this case the matters raised in the submissions from members of the public will be presented and considered by the Peel Region Planning Committee (a delegated committee of the Commission) in its deliberations.
(9) The proceedings of the Western Australian Planning Commission, including its committees, are not public meetings. In this case the matters raised in the submissions from members of the public will be presented and considered by the Peel Region Planning Committee (a delegated committee of the Commission) in its deliberations.
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