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Parliamentary Questions

Question Without Notice No. 553 asked in the Legislative Council on 7 September 2017 by Hon Colin Tincknell

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

SOUTHERN JOINT DEVELOPMENT ASSESSMENT PANEL — PUMA ENERGY
      553. Hon COLIN TINCKNELL to the minister representing the Minister for Planning:
      (1) Does the state government plan to appeal a decision handed down by the State Administrative Tribunal, which overturned a ruling by the southern joint development assessment panel allowing the construction of a 24‑hour Puma convenience store? This decision flies directly in the face of the City of Busselton and the southern joint development assessment panel's long‑term vision and plan for the town of Dunsborough to develop a pedestrian–friendly city centre by allowing the construction of a third service station within an approximately 300‑metre strip of the centre of town.
      (2) Would the minister agree that almost any person in the state would consider a Puma outlet that sold fuel to be a service station or a petrol station and not just a convenience store, no matter what other products are sold in addition to fuel?
      (3) Is the minister concerned that a legal body such as the State Administrative Tribunal is able to override decisions made by a panel of qualified town planners and local government members, such as the SJDAP—a panel whose very creation was for the specific purpose of allowing the south west to determine the direction and future of its towns—by making a decision based on a legal framework only and not the wider interests of the community?
The PRESIDENT: I might just say that that was a very long question.
Hon STEPHEN DAWSON replied:
My answer is a lot shorter! Member, I point out that I represent the Minister for Planning in here, so the question has come to me.
      (1)–(3) The government is currently reviewing the decision made by the State Administrative Tribunal. The State Administrative Tribunal has been a part of the planning system in Western Australia since its establishment in 2005 and following an application being made, reviews planning decisions against the relevant planning framework.