Update 2 -Third Party Appeal Rights in Planning

 Great to see that the City of Stirling’s response to  WALGA’s discussion paper on Third Party Appeal Rights in Planning was raised publicly at the Planning and Development Committee meeting tonight.  See page 238 of the Agenda.

The meeting went well.  Local resident Simon Wheeler made a good deputation requesting that the City actually state their position, either for or against TPARs, which is what WALGA wanted to know, but City officers hadn’t actually stated in their report, see the agenda (pg 238). Apart from that it was a very good report by the City’s officers.

Cr Samatha Jenkinson had already thought along the same lines as Simon Wheeler and raised four good alternative motions;

1              That Council advise the Western Australian Local Government Association that it SUPPORTS, in principle, the introduction of Third Party Appeal Rights in Western Australia.

2              That Council REQUEST that the Western Australian Local Government Association investigate how Third Party Appeal Rights could be implemented in Western Australia.

3              That Council advise the Western Australian Local Government Association that wider reforms of the Western Australian planning system are required, as the ongoing erosion of local government planning authority is compromising the ability for local governments to plan for the needs of their communities.  The extensive introduction by the State Government of performance criteria, and the emphasis for decision makers to have ‘due regard’ only to local planning frameworks means that the standard that development needs to meet is less clear, not only to developers but also to the community.

4              That the City’s submission be modified to reflect the position of Council.

Reasons for change

There is a concern that the views of local communities affected by development proposals are not being adequately considered as part of the current planning system.  In principle support for the introduction of Third Party Appeal Rights, and reforms of the Western Australian planning system will assist in addressing the concerns of local communities.

Councillors on the committee were in favour of her motions, except Cr David Boothman who voted against a couple of them.

The item will now  go to the full council meeting next Tuesday on the 4th of July at 7PM, for a final resolution.  Anyone who is in support of having Third Party Appeal Rights in Planning should try and attend this meeting and email Councillors before the meeting  to encourage them to vote for our rights.

Following is some of the summary from the Shire of Peppermint Grove’s TPAR’s report to their Council;

PURPOSE OF REPORT 

WALGA has invited member Council’s to provide comment in regard to a review of its 2008 Policy which did not support third party appeal rights.  The discussion paper issued by WALGA outlines the varied and many changes to the legislative planning framework over the last nine years.

SUMMARY AND KEY ISSUES

• WA is the only state not to have third party appeal rights in the planning system.
• Previous attempts to introduce third party appeal rights have not been successful.
• The dissatisfaction with DAPs has reignited the debate in this area.
• The arguments against third party appeal rights cannot be sustained.

CONSULTATION

WALGA has forwarded their discussion paper for member Council to provide comment.  The due date for responses to the discussion paper has been extended from the 31 May 2017 to the 14 July 2017, so that all eligible Councils have sufficient time to respond.

The WALGA letter states that it welcomes any submissions in regard to the discussion paper circulated and in particular, on the following points:

• Would you be in favour of the introduction of some form of Third Party Appeal Rights in Western Australia? Why or Why not?
• Do you feel your Council is likely to support some form of Third Party Appeal Rights?
• Any other comments relating to Third Party Appeal Rights?

Some negative impacts of developments that may affect neighbours include;

1. Overshadowing by buildings that are too big and or too high,
2. Loss of trees and amenity, which decreases the visual appeal of the view or streetscape,
3. Reduction in property values,
4. Increased temperatures due to the loss of tree canopy and greenery,
5. Dangerous traffic issues and parking issues,
6. Loss of privacy,
7. Over crowding and noise, etc.

See our recent blog post