Home›Questions on Notice›QoN 1078

❓ Mr. Tinley questions the Minister for Planning regarding the City of Fremantle's Taylor's College development, focusing on retaining walls, land levels, pedestrian networks, and adherence to the local planning scheme. The Minister's responses are largely dismissive.

AnsweredQoN 1078Legislative Assembly

Asked

10 September 2013

Member

Mr P.C. Tinley

Portfolio

Planning

QuestionView source ↗

I refer to the Minister’s answer to Question on Notice No. 798, concerning the City of Fremantle’s Taylor’s College development, and I ask: (a) was the development application you refer to, which included the earthworks plan and resulted in some residents of existing adjoining lots ending up with walls over 4 metres high when they were only expecting a 1.8 metre high wall as indicated in the structure plan, approved for the construction of retaining walls; (b) was an application for planning approval made for changes to the level of the land well in excess of 500 mm; (c) can the Minister outline the decision-making process that resulted in raising the level of the land by over a metre including a descending road that terminates within two metres of a fibro-cement fence which is within about a metre of a bedroom and gas water heater of a resident of an existing adjoining lot, thereby increasing the risk to the resident of an out of control vehicle ploughing into their home; (d) does the Minister agree that is it only possible to maintain that the arrows on the orthophoto representing the pedestrian network in the Taylor’s College structure plan satisfy the requirements of the local planning scheme by claiming that a proposal for a pedestrian network is indicative only when it is no less indicative than any other proposal in a structure plan and is just as much a requirement; (e) does the Minister agree that his interpretation of the proposal is out of context with: (i) the other proposals required by the local planning scheme; (ii) the other requirements of the scheme, namely, for the proposal for the pedestrian network to be depicted together with the other proposals on one single structure plan map (i.e. not an orthophoto) which contains a north point and scale, and to be drawn to scale, which by its very nature precludes depicting pedestrian networks as arrows on an orthophoto; and (iii) the requirement for the structure plan map to be in accordance with the scheme when advertised and not just generally so that people who may be adversely affected by the location of the pedestrian network can form a view and have their view properly considered by the local government; and (f) does the Minister believe that this narrow interpretation is unfair to people who make representation to you under section 211 of the Planning and Development Act 2005 due to the failure of the local government to advertise a proposal for a pedestrian network that conforms with the requirements of the local planning scheme?

AnswerView source ↗

Answered

15 October 2013

Responded by

Minister for Planning

Response time

35 days

(a) Yes
(b) Yes
(c) The decision making process was undertaken by the local government in accordance with the requirements of its local planning scheme.
(d) No.
(e)(i)-(iii) No
(f) No.

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