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Parliamentary Questions

Question Without Notice No. 60 asked in the Legislative Council on 14 February 2019 by Hon Diane Evers

Minister responding: Hon R. Saffioti
Parliament: 40 Session: 1

Answered on 14 February 2019


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 [2019] 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 this case?

(5) Does the WAPC have any guidelines or policies that govern the time taken to progress these amendments; and, if not, why not?


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.