Call for third party rights
A GIRRAWHEEN resident has welcomed a push for third party appeal rights in relation to development assessment panels, saying it could have helped locals fight plans for a threestorey development.
The City of Wanneroo has called for third party appeal rights in WA for development assessment panel (DAP) decisions, but not council decisions.
The council agreed to make a submission to the WA Local Government Association advising it did not support a comprehensive introduction of appeal rights, but saw merit for determinations made by panels.
The unanimous decision noted public confidence in the DAP decision-making process could be “enhanced” by introduction in those limited circumstances.
Girrawheen resident Sonia Garcia said the $4.9 million Strive Loop proposal was rejected by the Metropolitan North West DAP in March.
However, the applicant appealed to the State Administrative Tribunal (SAT) and revised plans were brought back to the panel in August, where three of five panel members voted to approve the development.
“I went out and got over 100 signatures saying that we don’t want it,” Miss Garcia said.
“It didn’t matter what we thought; it was a waste of time for residents to fight it.
“We can’t have a say on what is going to be built in our area.”
Four people gave deputations in support of third party appeal rights before the August 22 council meeting, including Subiaco City councillor Julie Matheson who said western suburbs’ councils had “led the charge on third party appeal rights”.
“We are the only state that does not have third party appeal rights,” she said.
“If a third party is aggrieved they cannot appeal a decision on their own merits; they have to go through the Supreme Court. We believe the SAT is the best place for third party appeals.”
Cr Domenic Zappa, who is up for re-election next month, moved an amendment to the recommendation not to allow third party appeal rights except for DAP decisions. Joondalup council voted to support third party appeal rights in June.
Sonia Garcia at the site of the Strive Loop multilevel housing development. d474112