❓ Hon. P.G. Pendal inquires about a potential ban on vacant strata title developments. The Minister responds that while a ban isn't explicitly stated, amendments to the Strata Titles Act are being considered to balance developer interests with purchaser protections, and existing applications will be assessed on their merits.
AnsweredQoN 939Legislative Assembly
QuestionView source ↗
(1) Is consideration being given to banning vacant strata title developments?
(2) If so, what is the status of such a proposal?
(3) What is the rationale behind banning vacant strata title developments?
(4) Is it intended to consult the property development industry on any such proposal?
(5) If so, when is consultation likely to take place?
(6) If no to (4), why will the industry not be consulted?
(7) If such a ban is proposed, what will be the status of developments which have already received local government approval?
(2) If so, what is the status of such a proposal?
(3) What is the rationale behind banning vacant strata title developments?
(4) Is it intended to consult the property development industry on any such proposal?
(5) If so, when is consultation likely to take place?
(6) If no to (4), why will the industry not be consulted?
(7) If such a ban is proposed, what will be the status of developments which have already received local government approval?
AnswerView source ↗
Answered
5 December 2001
Responded by
Minister for Planning and Infrastructure
Response time
98 days
(4-5) Officers of the Department for Planning and Infrastructure have met on numerous occasions with developers of vacant airspace strata lots and consultants to the development industry on this issue. The Statutory Planning Committee of the Commission has received a presentation from a consultant for developers of vacant airspace strata lots. My Chief of Staff has also met with affected developers soon after the Commission's resolution and a further meeting between affected developers and my office is to be scheduled to take place within the week, at their request. My office encouraged the Department for Planning and Infrastructure to facilitate the developers' initial strategy of testing the legal advice. The developers have recently changed their strategy to instead advocate an amendment to the Strata Titles Act. I will be pursuing that issue as a matter of urgency with a view to introducing amendments which balance the wishes of residential developers with the need to afford purchasers appropriate protections under the land titles system. (6) Not applicable. (7) I am advised that the Commission will continue to consider all applications on their merits and in addition agree to consider new applications based on evidence that significant financial commitments had been made prior to August 28, 2001 subject to the requirement to enter into a Deed of Covenant to protect the rights of prospective purchasers. A right of appeal exists concerning discretionary decisions by the Commission in relation to applications for vacant airspace strata title subdivision.
(6) Not applicable. (7) I am advised that the Commission will continue to consider all applications on their merits and in addition agree to consider new applications based on evidence that significant financial commitments had been made prior to August 28, 2001 subject to the requirement to enter into a Deed of Covenant to protect the rights of prospective purchasers. A right of appeal exists concerning discretionary decisions by the Commission in relation to applications for vacant airspace strata title subdivision.
(7) I am advised that the Commission will continue to consider all applications on their merits and in addition agree to consider new applications based on evidence that significant financial commitments had been made prior to August 28, 2001 subject to the requirement to enter into a Deed of Covenant to protect the rights of prospective purchasers. A right of appeal exists concerning discretionary decisions by the Commission in relation to applications for vacant airspace strata title subdivision.
(6) Not applicable. (7) I am advised that the Commission will continue to consider all applications on their merits and in addition agree to consider new applications based on evidence that significant financial commitments had been made prior to August 28, 2001 subject to the requirement to enter into a Deed of Covenant to protect the rights of prospective purchasers. A right of appeal exists concerning discretionary decisions by the Commission in relation to applications for vacant airspace strata title subdivision.
(7) I am advised that the Commission will continue to consider all applications on their merits and in addition agree to consider new applications based on evidence that significant financial commitments had been made prior to August 28, 2001 subject to the requirement to enter into a Deed of Covenant to protect the rights of prospective purchasers. A right of appeal exists concerning discretionary decisions by the Commission in relation to applications for vacant airspace strata title subdivision.
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