Home›Questions on Notice›QoN 798

❓ A parliamentary question scrutinises the Minister for Planning's handling of the City of Fremantle's Taylor's College development approval, focusing on discrepancies in tabled documents, adherence to planning scheme requirements, and fairness to affected residents. The Minister defends the process and the City's actions.

AnsweredQoN 798Legislative Assembly

Asked

26 June 2013

Member

Mr P.C. Tinley

Portfolio

Planning

QuestionView source ↗

I refer to the Minister’s answers to Questions on Notice No. 202 and 8544, concerning the City of Fremantle’s Taylor’s College development, and I ask: (a) does the Minister agree that while the Minister stated that the earthworks plan that the Minister tabled in Parliament (Tabled Paper No. 5436) contains the floor levels of the existing abutting lots, it in fact does not; (b) if no to (a) from reading the tabled earthworks plan, could the Minister please state what the floor level is of lot 58, which is traversed by 3 contours; (c) is it the case that the contours do not in fact give an understanding of floor levels and that is why it is important to have the floor levels of existing lots when adjoining lots are proposed for development, so that in deciding whether to approve the plan, the local government can have genuine regard to factors such as those listed in part (c) of Question on Notice No. 202; (d) does the absence of information about the floor levels of existing lots, together with the adverse effect on the residents of the existing properties who were only expecting a 1.8 metre high wall as indicated in the structure plan, show that factors impacting on them such as those listed in part (c) of Question on Notice No. 202 were not considered by the City of Fremantle before the level of the land was raised by about 2 metres; (e) has the Minister confused a clause in the local planning scheme that states that the subdivision and development is to generally be in accordance with the structure plan, with the fundamental requirement of the scheme for a structure plan to conform with the requirements of the scheme prior to advertisement; (f) if no to (e), why has the Minister stated that a proposal for a pedestrian network must only generally comply with the scheme when advertised, when the scheme clearly states what is required in terms of a proposal for a pedestrian network and such a proposal is not contained in the Taylor’s College structure plan; (g) while the Minister has concluded that due process occurred, is the Minister being asked a different set of questions when a representation is made to the Minister under Section 211 of the Planning and Development Act 2005 , for example: (i) whether the local government has failed to implement effectively the observance of the local planning scheme; (ii) whether the person making the representation has been adversely affected by the failure; and (iii) whether you are then going to refer the matter to the State Administrative Tribunal for its report and recommendations; and (h) are people who are adversely affected by the failure of the local government to implement effectively the observance of the local planning scheme treated unfairly by the Minister under section 211 of the Planning and Development Act 2005 when the Minister fails to observe the requirements of the local planning scheme himself?

AnswerView source ↗

Answered

6 August 2013

Responded by

Minister for Planning

Response time

41 days

(a) The earthworks plan 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, which enables the difference in levels between existing and proposed new lots to be examined.
(b) The earthworks plan is only one part of a set of plans submitted in a development application to the City of Fremantle in 2008. This set of plans includes a section drawing showing levels on each side of two retaining walls which were part of the subject application. One of these retaining walls was situated along the eastern boundary of the application site, abutting lot 58. The information on the section drawing enables the levels of the land on each side of the wall to be determined. According to this drawing, the ground level of lot 58 adjacent to the retaining wall is approximately 41.81 metres Australian Height Datum (AHD).
(c - d) Not applicable.
(e) No.
(f) The scheme requirement is for a structure plan to show a proposal for a pedestrian network thereby meeting the requirements of the Council's scheme.
(g - h) An investigation of this matter has been undertaken and the structure plan includes an indicative proposal. The Minister for Planning has determined that the City of Fremantle has not failed to implement effectively the observance of its local planning scheme.

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