PLANNING COMMISSION —CITY OF ALBANY LOCAL PLANNING SCHEME 1
60. Hon DIANE EVERS to the minister representing the
Minister for Planning:
I refer to omnibus amendment 29 to
the City of Albany's local planning scheme 1 and the State
Administrative Tribunal's decision on Robertson and City of Albany
 WASAT 3 delivered on 10 January 2019.
(1) When did the Western
Australian Planning Commission receive the amendment for consideration and on
what date was it considered?
(2) When did the
WAPC make recommendations to the minister and what were the recommendations?
(3) Has the
minister made a decision on the amendment; if yes, please advise the outcome;
and, if not, why not?
(4) Is it common
practice for the minister to await SAT determinations prior to approving
amendments; and, if not, why did the minister wait for the SAT determination in
(5) Does the WAPC
have any guidelines or policies that govern the time taken to progress these
amendments; and, if not, why not?
STEPHEN DAWSON replied:
I thank the honourable member for
some notice of the question.
(1) The Western Australian Planning Commission
received the amendment for consideration on 23 April 2018 and considered
it on 14 August 2018.
(2) WAPC provided
its recommendations to the minister on 20 August 2018. The recommendations were
that the minister: determines the submissions in accordance with the schedule
of submissions; notes that the modifications to the amendment are not so
significant as to warrant readvertising pursuant to regulation 56(1) of part 5,
division 3, of the Planning and Development (Local Planning Schemes)
Regulations 2015; requires the council to modify the amendment documents in
accordance with the schedule of modifications before final approval is given;
and advises the council that the preparation of a new local planning scheme be
a priority after the endorsement of the new local planning strategy with an
emphasis on reviewing provisions that may need modification to be consistent
and up to date with the current planning framework.
(3) The minister
has required the amendment to be modified in accordance with section 87(2)(b)
of the Planning and Development Act 2005 before it is resubmitted under section
87(1) of the act.
(4) It is the
minister's prerogative to consider all relevant factors, including
State Administrative Tribunal determinations.
(5) Part 5 of the
Planning and Development Act 2005 and part 5 of the Planning and Development
(Local Planning Schemes) Regulations 2015 stipulate the statutory time frames
for the lodgement and assessment of local planning scheme amendments by the
local government and the WAPC.