Third party appeal rights are again on the agenda.
Camera IconThird party appeal rights are again on the agenda. Credit: Supplied/Supplied

More talk on third party appeal rights

Tyler BrownJoondalup Times

THE Joondalup council would like to see the scope for third party appeal rights broadened.

A third party appeal is an appeal against a planning decision by a person who is not the applicant for the proposal.

In WA, third parties cannot initiate an appeal against a planning decision.

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For the past three years, the WA Local Government Association (WALGA) has been seeking feedback on different models of third party appeal rights.

In May, WALGA endorsed a preferred model for third party appeal rights, which supported appeals for decisions made by development assessment panels (DAPs) but only initiated by a local government.

But at the WALGA AGM in August, a motion was carried to amend the model to allow third parties as well as local governments to make an appeal, and that “closely associated third parties in addition to local governments” could appeal decisions made by the WA Planning Commission (WAPC) and State Administrative Tribunal (SAT) in addition to DAPs.

WALGA is now seeking further feedback on the amendment.

At last week’s Joondalup council meeting, City officers recommended the first part be supported with the addition of allowing parities who previously made a submission on an application, a responsible authority, a local government and public authorities to make an appeal, but not the second part.

“It is not clear how an appeal against a SAT decision would work and there is no rationale or justification provided to support the changes proposed by part two of the motion,” the council report said.

However, Cr Russell Poliwka moved an alternative motion not to support either part.

His motion requested the preferred model be amended to include adjoining landowners and occupiers as well as the local government as third party appellants, and to allow third party appeal rights for planning decisions made by a local government as well as the WAPC, SAT and DAPs.

Cr Poliwka said he had seen many “ratepayers and impacted parties struggling to have their voices heard”.

“They have every right to lodge an appeal,” he said.

“Even murderers get the right to appeal.”

He said WA’s current position on appeals was “very restrictive” and “inconsistent with best practice across Australia.”

Cr John Raftis said broadening the scope of appeals would add to the “transparency and accountability” of all those involved, while Cr Russ Fishwick said it was “undemocratic” not to have appeal rights.

However, Cr Tom McLean said he could not support the alternative motion.

“The time and cost of dealing with these appeals could turn out to be horrendous,” he said.

“Being on council is not a popularity contest. We need to male decisions.”

But Cr Christopher May said the cost to lodge an appeal would be so large, the City would not get “frivolous appeals” from the public.

Mayor Albert Jacob said while he supported giving the community the path to appeals, he raised concerns with residents approaching the City to appeal on their behalf.

The alternative motion was approved 10-3, with Mr Jacob and Crs McLean and Kerry Hollywood against.

Changes have little appeal for Wanneroo Council

WANNEROO councillors stood by a 2017 decision to not support the introduction of third party appeal rights, except in relation to development assessment panels.

While considering a motion from the WA Local Government Association (WALGA) AGM, the council reaffirmed its August 2017 decision that it did not support comprehensive introduction of third part appeal rights but it did see merit in allowing them for panel decisions in some circumstances.

It said that would enhance public confidence in the panel’s decision-making process.

The WALGA-preferred model, which the City of Wannneroo did not support, recommended introducing third party appeal rights for local governments and parties closely associated with development application decisions made by DAPs, the State Administrative Tribunal or the WA Planning Commission.

“Information provided by WALGA does not propose criteria, parameters or limitations on how or when such third parties could lodge an appeal,” a February council report said.

The report said that could create a “significant burden on the statutory planning system” as well as having financial implications for the City, with SAT appeals costing from $10,000 to more than $200,000.

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