There has been a huge spike in corner lot subdivisions in recent years particularly with various rule changes including to the WAPC’s Development Control Policy 2.2 – Residential Subdivision. Corner lot subdivisions now make up a large component of our infill subdivisions.

TLD were recently contacted by another land surveying firm to review and provide comment in relation to a subdivision that was refused by the WAPC as the subject property was to be deemed to be located on a ‘bend’ as opposed to a bona fide ‘corner’.

We formed the opinion that the door was ajar for the refusal to potentially be overturned. An Application for Review (Appeal) was subsequently lodged with the State Administrative Tribunal.

Following considerable research detailed justification submissions were prepared and also attendance at 2 mediations.

Regardless of the outcome, the Appeal (ongoing) has resulted in extremely valuable understandings of the inner workings of DC 2.2 which will be of considerable benefit to our clients who have similar properties. We will keep you posted…

******UPDATE*******
2/7/20 – Appeal upheld (we won!)

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