Bayswater Council seeks clarification from WALGA on third party appeal rights

Bayswater Council seeks clarification from WALGA on third party appeal rights

BAYSWATER Council wants to see third-party appeal rights for State Administrative Tribunal and WA Planning Commission decisions, in light of a recent WA Local Government Association paper.

WALGA has requested feedback on its preferred model for Third Party Appeal Rights for decisions made by Development Assessment Panels from members by March 31.

The council amended the officers’ recommendation to inform WALGA that the council supported TPAs extending from DAP decisions to SAT and WAPC decisions at last night’s council meeting.

Councillors are seeking clarification on the number of TPAs that may be lodged, how simultaneous applications would be managed, why applications for time extensions were exempt and whether applications determined by the responsible authority will be subject to appeal rights.

The council would support the preferred model subject to these clarifications.

The paper outlines a process for the appeals, which include appellants being limited to councils and a state body such as Main Roads WA, all submissions must be made on valid planning grounds and all applications will be subject to TPAs except time extensions.

Over the years, the council has been involved in various controversial DAP, SAT and WAPC processes including a Dan Murphy’s store in Maylands, six-storey apartments in Bayswater, apartments in the Bayswater wetlands and a Bayswater concrete batching plant.

Mayor Dan Bull said the paper did not deal with SAT and WAPC decisions.

“Council has also been consistent in stating that third-party appeal rights should be considered for decisions from SAT and WAPC,” he said.

“While there is promise being put forward, as it relates to DAP decisions, I think it is important for council to also report to WALGA, querying the reasons why SAT and WAPC decisions have not been dealt with in this proposed model.”

Acting chief executive Des Abel said officers supported the preferred model but there were still operational matters that needed to be addressed.