Supreme Court dismisses residents’ application.

17 July 2018

ALFRED COVE residents go to the Supreme Court

When residents question due process and rules based on a Council decision or a decision of the DAP, WA Planning Commission or the MRA, their only option is to ask the Supreme Court, costing hundreds of thousands of dollars $$$$.

The residents of Alfred Cove asked the Supreme Court the question of the City of Melville’s decision to advertise its business case for a $25 million project without the name of the lessee for the proposed Wave Park project.  The Council signed off on the lease in April 2017, without addressing this question.

SFPA chairman Clive Ross said the Supreme Court judgement found that Melville Council did not comply with parts of the Local Government Act.

“The City failed to list Urbnsurf as a party and this was acknowledged although it was said that the issue lies with the Local Government Minister,” he said.  However, the case was dismissed because the application was put in late, awarding costs against residents and ratepayers of $65,000!

To read more about this case, click here>>>

Rally at Parliament House – TODAY

Join representatives from more than 50 communities on the steps of Parliament today at 10 am.

Are you affected by the MRA, WA Planning Commission, DAP, SAT, your local council?

Here from guest speakers calling for a Plan for the Community.

MC:  Russell Goodrick

20181107 Stop the Rot community rally

West Perth

A 17 storey apartment block behind heritage listed Edith Cowan House at 31 Malcolm Street, West Perth was approved by the DAP without any representation from the Perth City Council.

A group of neighbours objected to the development saying the $25 million block would be out-of-place in that spot.  It will be 40 metres high, hovering over Edith Cowan House.

Simon Withers, whose mother has owned and lived in the house on the east side of Edith Cowan House for 40 years, said the project did have support.

The development was approved on 17 May 2018, without Council representation, by the DAP panel 3-0.  A planning officer’s report is not Council representation!

Elected members of Perth City Council were dismissed in March 2018, with two commissioners appointed in their place.  One of the commissioners is Eric Lumsden who made the rules of the DAP system, rules that were made to diminish the role of elected members at the DAP.  He has not been appointed by the Minister for Planning to represent Perth City Council on the DAP as of June 2018.

Lot size 1,331m2, 60 dwellings and 74 car parking bays.


Post Newspapers, 2 June 2018

DAP Affected Como

On 17 April 2015 the Joint Development Assessment Panel (JDAP) at a third hearing, in a 3/2 vote, approved development at the Como Hotel which includes replacing the existing BWS Bottle Shop with a Dan Murphy’s mega liquor outlet four times larger.

The Como Hotel is owned by the Australian Leisure and Hospitality Group (ALHG). The JDAP decision inexplicably reversed two previous decisions (15 August 2014 and 17 February 2015) rejecting the development.

Many in the local community have been appalled and disillusioned with the outcome of the decision, especially considering a “full house” of opposition including:

  1. The South Perth Council Meeting on 24 March 2015 passed a unanimous motion that “[The] Council does not support the development of large format liquor outlets at the Como Hotel site”;
  2. The Responsible Authority Report by City of South Perth, opposed the development on the grounds of added traffic congestion, difficulties with vehicular access, insufficient parking, and social impact on amenity;

To read more click here:  Opposing Dan Murphy at Como Hotel

Contact:  Greg Benjamin on 08 9367 7269 for more information.

Responsible Authority Report (RAR)

If your Council’s Responsible Authority Report does not include a Council Recommendation, ask why?

Page 4 of the RAR template includes a Council Recommendation. Call a Special Council Meeting and include a recommendation in the RAR.

Julie Matheson

A Responsible Authority Report (RAR) contains a two recommendations from a local government.  One from a planning officer and the other from the Council regarding a DAP application valued at $2 million or more.

The Development Assessment Panels (DAP) was introduced to Western Australia on 1 July 2011, for developments worth $3 million or more to replace planning decisions made by elected councillors and planning officers under delegated authority.

DAP values 2011

In 2015 the rules were changed to a lower value of $2 million or more.  The mandatory value threshold increased to $10 million.

Responsible Authority Report (RAR)

Under DAP Regulations 2011, Reg 12 a Responsible Authority must provide a report to the DAP in a form approved by the Director General.  See the latest version here:  Responsible Authority Report (RAR) template – Form 1 (1) 2017

These new DAP regulations referred to the term Responsible Authority but was silent on its meaning.

Many Mayors and elected councillors have been led by…

View original post 776 more words

Inglewood residents called NIMBYs to shut them down

Ref.  Kate Leaver, Community News, 13 December 2016

INGLEWOOD residents have gathered in opposition to an “excessive” six-storey development on the corner of Eighth Avenue and Beaufort Street, neighbouring the heritage-listed police station.

Inglewood resident Roger Hill said locals would welcome a “well-designed” mixed use development but the current plan “missed the mark”

“This proposal falls considerably short of the ideal, being of a height and scale that is incompatible with its location,” he said.

“The development fails to provide sufficient practical and usable car parking spaces.

“They should contribute to traffic management measures that restrict traffic generated by the development from filtering through Eighth and Ninth avenues, which are residential streets.”

However, project architect Kim Doepel said the plans had been amended twice to address concerns of residents.

“The owner has agreed to the increase the lane width by one metre and another metre for landscaping,” he said. “It is time the authorities started to listen and approve projects like this for the many, instead of the one or two selfish nimbys who try and dictate outcomes against the majority.”

Name calling like NIMBY is used to shut the public down from having their say.  When jobs are scarce, the public can’t use their voice for fear of losing their employment, their public standing or their business.

We should all thank those who are prepared to be a voice for those who can’t.

DAP Affected: Bassendean

A BASSENDEAN councillor has called Development Assessment Panels (DAP) “rigged” following the approval of 10 units for Walter Road East, Bassendean.

Councillor Paul Bridges said “The DAPs are rigged with three technical representatives and two council representatives so they always have the numbers to out vote the will of the democratically elected councils’.

The three expert panel members decided that Clause 67 (b) could be ignored because the proposed  changes to the Local Planning Scheme were not sufficiently advanced to cover the loophole the developer was trying to exploit.  This decision is flawed and requires an investigation.

DAP Affected Communities say:  This DAP decision is exactly why the community want powers given to the Minister to overturn DAP decisions which ignore Town Planning Schemes and local policies.  There are more than 50 DAP decisions approving outrageous developments without any scrutiny or accountability.

The Minister in her recent statement (LPGA, 13 Oct 2016) claimed that developments “must comply with the town planning scheme and not deviate away from it” yet she lacks any power to enforce compliance or overturn a decision such as this one.

Click here to read the article in Community News 19 October 2016

Dodgy DAP system rigged, Walter Road East Bassendean
Dodgy DAP system rigged, Walter Road East Bassendean