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Parliamentary Questions


Question On Notice No. 1302 asked in the Legislative Council on 9 May 2018 by Hon Robin Chapple

Question Directed to the: Minister for Environment representing the Minister for Planning
Parliament: 40 Session: 1


Question

(1) Has the Western Australian Planning Commission (WAPC) received any application or applications for approval of a rezoning, local structure plan, subdivision or other development (applications) relating to Lot 2 Fanstone Avenue, Beeliar (land) since 1 October 2016?
(2) If yes to (1), will the Minister please provide the following information:
(a) was the land listed as a contaminated site under the Contaminated Sites Act 2003 at the time of each of the applications;
(b) what was the nature of each application;
(c) who made the applications to the WAPC and when;
(d) at the time each of the applications were received, was the applicant the registered proprietor of the land (owner) at 1 October 2016 and, if not, who was the owner at the time of each of the applications;
(e) has the owner changed since 1 October 2016 and, if so, when and who is the owner now;
(f) has approval of each of the applications been granted and, if so, when; and
(g) if any of the applications are still extant, has the Department of Planning, Lands and Heritage completed its assessment of the applications?
(3) If yes to (2)(g), will the Minister advise of the following:
(a) what further advice or action (if any) is necessary before approval of any of the applications can be granted;
(b) has the Department of Water and Environmental Regulation (DWER) been asked to provide advice to the Minister and/or the department as to whether or not the land should remain a contaminated site and, if not, why not;
(c) if DWER has provided advice concerning the land being a contaminated site, what was that advice and what conditions (if any) must be fulfilled for the land to no longer be listed as a contaminated site;
(d) has the WAPC exercised, or does it intend to exercise, its powers under section 165 of the Planning and Development Act 2005 to require a notification of a hazard on Certificates of Title of the land (titles) when it is subdivided and, if not, why not;
(e) if yes to (3)(d), is potential exposure to toxic gases and particulates from the Cockburn Cement Limited lime/cement factory such a hazard to be notified on the titles and, if not, why not; and
(f) if yes to (3)(e), what hazard(s) will be notified on the titles?

Answered on 28 June 2018

(1) Yes

(2)

(a) The land was registered in 2008 as ‘possibly contaminated – investigation required’ under the Contaminated Sites Act 2003’.

(b)-(c)

  1. Amendment 110 to the City of Cockburn Town Planning Scheme No. 3 to transfer portions of Lot 2 Fanstone Avenue, Beeliar from the Special Use zone to the Development zone and Lakes and Drainage reserve – City of Cockburn at the request of Rowe Group on behalf of the then landowner Cockburn Cement Ltd, 4 November 2016.
  2. Local Structure Plan for Residential Development – Rowe Group, 7 November 2017.
  3. Subdivision of one lot into two lots for Development and Special Use Purpose – Rowe Group, 30 June 2017.
  4. Subdivision of one lot into 149 Residential lots, 5 Public Open Space Reserves and associated roads – Rowe Group, 5 April 2018.

(d)

  1. Yes
  2. No – Cockburn Cement Ltd
  3. No – Cockburn Cement Ltd
  4. No – Beeliar Management Pty Ltd

(e) Beeliar Management Pty Ltd became the registered proprietor of Lot 81 McLaren Avenue, Beeliar on 22 December 2017.

(f)

  1. Yes – 26 April 2017
  2. No
  3. Yes – 8 September 2017
  4. No

(g) No

(3) Not applicable