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Why Third Party Appeal Rights matters?

The Western Australia Party strongly supports the introduction of Third Party Appeal Rights in Western Australia.  Founding members of the party and former elected council members Julie Matheson and Ron Norris supported Third Party Appeal Rights in submissions and motions put to local governments and WALGA.

 

 

Ref:  Post Newspapers, 10/8/2019

Third Party Appeal Rights provides the legal framework to link Western Australia's world class planning framework with good development decisions by the decision maker.  The State Administrative Tribunal (SAT) is the obvious and most cost effective legal system to review unmeritorious development applications.

Developers can avoid our desired planning framework outcomes by using government appointed panel members to approve any development without fear of appeal.  The SAT system to appeal an unmeritorious development does not exist in Western Australia.

Departure from the world class planning framework and poor development outcomes is rife in Western Australia especially in the Perth Metropolitan area.  For example the planning framework calls for residential mixed use developments in Town Centres yet four high rise developments were approved in Subiaco by the Development Assessment Panel ( "the DAP") without any residential dwellings.  The State Government is forcing infill in the Western Suburbs yet avoid sanctioning their own appointed panel members when a development has no residential dwellings. 

Access to the rule of law is not evenly provided for.  Councils and residents are unable to challenge the DAP and other decision makers without costly appeals to the Supreme Court.  This is undemocratic and without equal access to the law as a fundamental tenet of a functional democracy.

The Western Australia Party through the Hon Charles Smith MLC will be calling on the State Government and the Liberal Party to change the laws in favour of Third Party Appeal Rights in Western Australia at the 2021 State Election.

Media enquiries:  Julie Matheson 0409 294 495

Authorised by S Phelan, 4 Ventnor Avenue, West Perth

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