SERVICES: TOWN PLANNING (subdivision application, appeal & rezoning), LAND SURVEYING (engineering and licensed cadastral) AND SETTLEMENT (application for new titles and lodgement of notifications)

Proposal – 5 Green Title Lots

Director Joel Carter was invited to present to a number of landowners in regards to land subdivisions and more particularly in regards to an increase in residential densities within the City of Kalamunda. It was at this presentation that he met the owners of the subject property.

Following a subsequent meeting with the owners it was agreed that the best outcome for the site was the creation of 5 Green Title lots even though it resulted in the need for a sewer mains extension.

The WAPC approved the subdivision where one of the developer conditions was a cash-in-lieu of Public Open Space condition which was estimated at being an ~$80,000 developer contribution. The owners were advised that TLD formed the view that there was a strong argument for the condition to be challenged. The owners subsequently engaged TLD to challenge the condition by lodging at Application for Review (Appeal) at the State Administrative Tribunal (SAT) where the outcome was the condition being deleted.

Another developer requirement that formed part of the subdivision approval was for a section of land identified as being for road purposes to be rezoned to residential. TLD were subsequently engaged to prepare the rezoning report and manage the process on behalf of the owners. As part of the rezoning process the City of Kalamunda approved the rezoning subject to a culdesac being constructed at the landowners expense. Preliminary cost estimates for this were in the order of $70,000 as a Western Power light pole would also need to be relocated.

TLD were of the view that the culdesac requirement was not fair and reasonable. As a result Director Joel Carter made 2 separate deputations at both after-hours Council Meetings. Unfortunately this was not enough for the majority of the City’s Council to vote against the Local Governments officers recommendation. The rezoning application then made its way to the WAPC for assessment and approval. Not wishing to leave any stones unturned Mr Carter also made a deputation before the WAPC’s Statutory Planning Committee (SPC) against the City of Kalamunda’s culdesac requirement.

The SPC voted in favour of the culdesac requirement being deleted as a developer requirement and the rezoning was subsequently signed off by the Minister for Planning to the landowners delight

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