❓ Hon Ben Dawkins questions the Minister for Planning regarding the Shire of Harvey's alleged misappropriation of community open space land promised under Town Planning Scheme 12, seeking intervention under the Planning and Development Act. The Minister refers to previous decisions not requiring referral to the State Administrative Tribunal.
AnsweredQoN 912Legislative Council
QuestionView source ↗
SHIRE OF HARVEY —
GUIDED DEVELOPMENT SCHEME
912. Hon BEN DAWKINS to the minister representing the
Minister for Planning:
I
refer to town planning scheme 12, Shire of Harvey guided development scheme
text, associated scheme–golf course map and a letter from the Western
Australian Planning Commission dated 23 July 1997 previously tabled in the
house. I also seek leave to table some transfer of land forms signed by the
Shire of Harvey.
The PRESIDENT : Have these
been previously tabled?
Hon BEN DAWKINS : No. These
are additional.
[Leave granted. See paper 2466 .]
Hon BEN DAWKINS : I ask —
(1) Can the
minister confirm that the seven lots listed in the transfer of land form are in
fact the community open space promised by statute to the community association
under section 4.2.1 of TPS 12?
(2) In 2021, when
the minister was the Minister for Local Government, PerthNow reported him as
saying he aimed to improve transparency and accountability in local government.
Does the minister still seek to hold local government to those values whilst in
the planning portfolio?
(3) TPS 12 is a statutory document
that at 4.2.1 reads —
The title of the estate in fee simple
in all Community Open Space Land shall be vested in the Community Association.
The
WAPC letter previously tabled stipulates that the community open space is a condition
of subdivision . Will the minister intervene under section 211 of the Planning
and Development Act to ensure that land promised under statute to the community
is not misappropriated by the Shire of Harvey?
GUIDED DEVELOPMENT SCHEME
912. Hon BEN DAWKINS to the minister representing the
Minister for Planning:
I
refer to town planning scheme 12, Shire of Harvey guided development scheme
text, associated scheme–golf course map and a letter from the Western
Australian Planning Commission dated 23 July 1997 previously tabled in the
house. I also seek leave to table some transfer of land forms signed by the
Shire of Harvey.
The PRESIDENT : Have these
been previously tabled?
Hon BEN DAWKINS : No. These
are additional.
[Leave granted. See paper 2466 .]
Hon BEN DAWKINS : I ask —
(1) Can the
minister confirm that the seven lots listed in the transfer of land form are in
fact the community open space promised by statute to the community association
under section 4.2.1 of TPS 12?
(2) In 2021, when
the minister was the Minister for Local Government, PerthNow reported him as
saying he aimed to improve transparency and accountability in local government.
Does the minister still seek to hold local government to those values whilst in
the planning portfolio?
(3) TPS 12 is a statutory document
that at 4.2.1 reads —
The title of the estate in fee simple
in all Community Open Space Land shall be vested in the Community Association.
The
WAPC letter previously tabled stipulates that the community open space is a condition
of subdivision . Will the minister intervene under section 211 of the Planning
and Development Act to ensure that land promised under statute to the community
is not misappropriated by the Shire of Harvey?
AnswerView source ↗
I thank the member for some notice
of that very long question. Fortunately, the answer is relatively short.
(1)–(3) As previously advised, the former Minister for
Planning determined in 2021 and 2022 that the matter does not require referral to the State Administrative
Tribunal under section 211 of the Planning and Development Act 2005.
of that very long question. Fortunately, the answer is relatively short.
(1)–(3) As previously advised, the former Minister for
Planning determined in 2021 and 2022 that the matter does not require referral to the State Administrative
Tribunal under section 211 of the Planning and Development Act 2005.
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