Proposed Revocation of Policy 7.5.19 - Amalgamation Condition on Planning Approval
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Car parking and car parking manoeuvring areas straddle a lot boundary.
Vincent has undertaken a review of the Policy and recommends it should be revoked for the reasons below:
A local planning policy is not required to impose a condition on a development approval for the amalgamation of lots. This is because the Planning and Development (Local Planning Schemes) Regulations 2015 provides the ability for conditions to be applied to a development approval.
Clause 2(ii) of the Policy requires amalgamation where a proposed development does not comply with the NCC. It is not appropriate for the Policy to seek to enforce the NCC, which is a requirement of separate legislation being the Building Act 2011. This would not be for a planning purpose and this separate legislation would continue to apply irrespective of whether the Policy exists.
Share your thoughts
If you have comments on the proposal to revoke Policy No. 7.5.19 - Amalgamation Condition on Planning Approval, you can share them with us in the following ways:
In person at the City of Vincent Administration Building, 244 Vincent Street (corner Loftus Street), Leederville (during business hours)
In writing, by mail to PO Box 82, Leederville, 6902
Hard copy surveys are available on request.
Consultation closed 5pm Friday, 12 July 2024.
What will happen next?
After this consultation period closes, any feedback we receive will be reviewed and a recommendation presented to Council for consideration.
Everyone who provides feedback, and their contact details, will be notified when the policy is due to be considered by Council. Members of the public are welcome to attend the Council Briefing and Council Meeting to ask questions or comment on the proposal.
Information on this page is available in alternative formats on request.
Car parking and car parking manoeuvring areas straddle a lot boundary.
Vincent has undertaken a review of the Policy and recommends it should be revoked for the reasons below:
A local planning policy is not required to impose a condition on a development approval for the amalgamation of lots. This is because the Planning and Development (Local Planning Schemes) Regulations 2015 provides the ability for conditions to be applied to a development approval.
Clause 2(ii) of the Policy requires amalgamation where a proposed development does not comply with the NCC. It is not appropriate for the Policy to seek to enforce the NCC, which is a requirement of separate legislation being the Building Act 2011. This would not be for a planning purpose and this separate legislation would continue to apply irrespective of whether the Policy exists.
Share your thoughts
If you have comments on the proposal to revoke Policy No. 7.5.19 - Amalgamation Condition on Planning Approval, you can share them with us in the following ways:
In person at the City of Vincent Administration Building, 244 Vincent Street (corner Loftus Street), Leederville (during business hours)
In writing, by mail to PO Box 82, Leederville, 6902
Hard copy surveys are available on request.
Consultation closed 5pm Friday, 12 July 2024.
What will happen next?
After this consultation period closes, any feedback we receive will be reviewed and a recommendation presented to Council for consideration.
Everyone who provides feedback, and their contact details, will be notified when the policy is due to be considered by Council. Members of the public are welcome to attend the Council Briefing and Council Meeting to ask questions or comment on the proposal.
Information on this page is available in alternative formats on request.
