CONTENTS - City of Wanneroo

CITY OF WANNEROO AGENDA FOR ORDINARY COUNCIL MEETING 28 NOVEMBER 2000 61
copy of the WAPC letter of conditional approval forms attachment 3 to this report. An
appeal right also exists against the conditions imposed by the WAPC. It would be
appropriate that the Minister defer his decision on the arbitration of the City’s conditions until
the nature of any appeal against the WAPC’s conditions are known so that the two matters
can be determined consistently.
Comment
A copy of the request for arbitration submitted to the Minister for Planning by the appellant,
Greg Rowe and Associates, is included as Attachment 4. This letter provides the appellants
reasons for seeking arbitration on each of the conditions. An outline of each condition, the
points of arbitration and recommended responses are detailed below:
Item 1
Condition 1
The landowners of Lot 100 shall enter into a deed with the City, prepared by the City’s
solicitors, covenanting to acknowledge and comply with the conditions 2-11 below, and
charging the land to enable the City to lodge an absolute caveat to protect its interests and to
ensure subsequent landowners are bound by its conditions. All costs associated with the
preparation and ongoing administration of the deed shall be met by the landowners.
The appellant requests that the condition be reworded so that the deed is only required to
cover conditions 2 and 3 and to remove reference to the ongoing administration of the deed.
It is recognised that the Minister imposed a condition relating to the preparation of a deed
relating to certain restrictions on the use of jetty in his letter dated 2 August 2000. However,
the Minister’s decision also provided for the City of Wanneroo to impose other conditions on
the approval. Therefore, it was considered that the conditions covered by the deed do not
necessarily have to be limited to only the restrictions identified by the Minister.
The City’s wording of the condition included the requirement for the deed to bind the
appellant in respect of conditions 2-11. Upon review, it is not essential that the City’s
conditions 9, 10 and 11 be covered by the deed as they mainly refer to additional information
required prior to the commencement of construction. Such details are normally provided
with the Building Licence application. It is however considered necessary to retain reference
to conditions 2-8 as these relate to the ongoing use of the jetty. This will ensure that future
land owners, are aware of the restrictions associated with the use of the jetty.
A notification on the title of the land pursuant to section 70A of the Transfer of Land Act, as
suggested by the WAPC, is not as effective as the deed. This is because under a section 70A
notification future landowners will not need to formally agree with the use related conditions
prior to the land being transferred. The notification also does not acknowledge the fact that
the appellants are already required to enter in a deed under the approval granted by the
Minister. It is considered administratively cumbersome to have a range of different
documents to deal with essentially the same issue.
The Council should not be responsible for any of the costs associated with the preparation or
administration of the deed. The wording “administration of the deed” refers to matters such
as the registration and lifting of the caveat, stamp duty etc. It does not relate to compliance
inspections by the City.