❓ Mr. Tinley questions the Minister for Planning regarding the City of Fremantle's Taylor's College development, focusing on compliance with planning schemes, resident impact, and consultation processes. The Minister defends the City's due process.
AnsweredQoN 8544Legislative Assembly
QuestionView source ↗
I refer to the Minister's answers to Questions on Notice No. 8036 and 8063 concerning the City of Fremantle's Taylor's College development, and I ask:
(a) is the Minister confident that the relevant part of the development application he referred to includes floor levels of the existing, abutting lots;
(b) would the Minister please table the relevant part of the development application and state whether it includes floor levels of the existing, abutting lots;
(c) have some adjoining residents ended up with walls ranging from 2.2 metres to approximately 4 metres, despite the fact that the structure plan had indicated 1.8 metre dividing walls;
(d) does the Minister agree that an important requirement of the local planning scheme for the proposed structure plan is that it is to comply with the scheme when advertised, so that people who may be adversely affected by such things as the location of a pedestrian network may be able to make a submission which can then be properly considered by the local government;
(e) is the Minister aware that people who are likely to be adversely affected by the adoption of the proposed structure plan generally only have one opportunity to have their views considered at the structure plan stage, as there is no obligation on the local government to consult when subsequent planning decisions are made, at subdivision or development stage; and
(f) does the Minister have to uphold the requirements of the local planning scheme with respect to what a structure plan is to contain and ensure that genuine, realistic and proper consideration is provided by the local government when an eligible person makes a representation to the Minister under section 211 of the
Planning and Development Act 2005
?
(a) is the Minister confident that the relevant part of the development application he referred to includes floor levels of the existing, abutting lots;
(b) would the Minister please table the relevant part of the development application and state whether it includes floor levels of the existing, abutting lots;
(c) have some adjoining residents ended up with walls ranging from 2.2 metres to approximately 4 metres, despite the fact that the structure plan had indicated 1.8 metre dividing walls;
(d) does the Minister agree that an important requirement of the local planning scheme for the proposed structure plan is that it is to comply with the scheme when advertised, so that people who may be adversely affected by such things as the location of a pedestrian network may be able to make a submission which can then be properly considered by the local government;
(e) is the Minister aware that people who are likely to be adversely affected by the adoption of the proposed structure plan generally only have one opportunity to have their views considered at the structure plan stage, as there is no obligation on the local government to consult when subsequent planning decisions are made, at subdivision or development stage; and
(f) does the Minister have to uphold the requirements of the local planning scheme with respect to what a structure plan is to contain and ensure that genuine, realistic and proper consideration is provided by the local government when an eligible person makes a representation to the Minister under section 211 of the
Planning and Development Act 2005
?
AnswerView source ↗
Answered
16 October 2012
Responded by
Minister for Planning
Response time
35 days
(a) Yes the earthworks plans approved by the City of Fremantle shows site contours and finished ground levels for the new lots as well as existing contours running across adjacent properties. This enables the difference in levels between existing and proposed new lots to be understood.
(b) [see tabled paper no. ]
(c) The City of Fremantle has confirmed that the development approval included a 2.09 metre boundary wall, to be constructed on top of a limestone retaining walls of varying heights, resulting in the combined height of the retaining walls and boundary wall ranging from 2.27m to 4.27m.
(d) A proposed structure plan should generally comply with the scheme when advertised. However, proposed pedestrian networks may be considered indicative, with the exact location to be determined at the subdivision or development stage where more detail engineering and design work is undertaken.
(e) The City of Fremantle's Town Planning Scheme and local planning policy 'Public Notification of Planning Proposals' provides discretion and guidance regarding consultation for structure plans and development applications. The City followed these scheme and policy provisions with regard to the Taylors College development.
(f) An investigation of this matter has been undertaken and I have determined that the City of Fremantle followed due process with regard to the Taylor's College Structure Plan. Therefore I do not have grounds for referring the matter to the State Administrative Tribunal in accordance with section 211 of the
Planning and Development Act 2005
.
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(b) [see tabled paper no. ]
(c) The City of Fremantle has confirmed that the development approval included a 2.09 metre boundary wall, to be constructed on top of a limestone retaining walls of varying heights, resulting in the combined height of the retaining walls and boundary wall ranging from 2.27m to 4.27m.
(d) A proposed structure plan should generally comply with the scheme when advertised. However, proposed pedestrian networks may be considered indicative, with the exact location to be determined at the subdivision or development stage where more detail engineering and design work is undertaken.
(e) The City of Fremantle's Town Planning Scheme and local planning policy 'Public Notification of Planning Proposals' provides discretion and guidance regarding consultation for structure plans and development applications. The City followed these scheme and policy provisions with regard to the Taylors College development.
(f) An investigation of this matter has been undertaken and I have determined that the City of Fremantle followed due process with regard to the Taylor's College Structure Plan. Therefore I do not have grounds for referring the matter to the State Administrative Tribunal in accordance with section 211 of the
Planning and Development Act 2005
.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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