Western Australian Current Acts Western Australian Current Acts [(1) deleted]
(2) On, or at any time
after, the submission of an application to the local government for approval
of the development constituted by a proposed strata scheme in accordance with
a local planning scheme or other requirement imposed by law, an application
may be made to the local government for a determination that the local
government is satisfied, in relation to the proposed development, that —
(a)
separate occupation of the proposed lots will not contravene the provisions of
any local planning scheme or interim development order under the
Planning and Development Act 2005 ; and
(b) any
consent or approval required under any such local planning scheme or interim
development order, has been given in relation to the separate occupation of
the proposed lots; and
(c) the
development of the parcel as a whole, the building and the proposed
subdivision of the parcel into lots for separate occupation will not interfere
with the existing or likely future amenity of the neighbourhood, having regard
to the circumstances of the case and to the public interest.
(2A) In making
determinations of a kind provided for by this section, a local government must
have regard to considerations specified in the regulations as being relevant
to determinations of that kind.
(3) A local government
may fix, charge and recover fees to be paid for determinations under this
section.
(4) An applicant for a
determination under this section must provide the local government with such
information, particulars and details regarding the proposed development, or
the building plans and specifications, as the case may require, as the local
government may require to enable it to deal with the application.
(5) A determination
made by a local government under this section must be in writing and a
favourable determination may be issued subject to conditions relating to the
proposed development of the parcel.
(6) A determination
under this section is valid and binding on the local government for a period
of 2 years after it is made unless the local government, at the time of the
determination, declares in writing that the determination is valid and binding
for such period as is specified, being a period greater than 2 years but not
exceeding 3 years.
[Section 24 amended: No. 58 of 1995 s. 25; No. 14
of 1996 s. 4; No. 57 of 1997 s. 115(1); No. 55 of 2004 s. 1113; No. 38 of 2005
s. 15; No. 24 of 2011 s. 174(7)-(9); amended and relocated: No. 30 of 2018
s. 29 and 84.]
[Heading inserted: No. 30 of 2018 s. 83.]