Cash in Lieu of Public Open Space (POS) – SAT Appeals

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!)

In January 2020 TLD prepared a submission to Treasury in regards to ideas to incentivise residential dwelling construction and therefore work in the construction sector which is a major employment generator.

The ideas floated were different to what has been done in the past and were linked to the principles of Directions 2031 which encourages infill development in the Perth metropolitan area rather than expanding Perth’s already extensive footprint. In summary creating locational based incentives that align with the Governments planning framework including public transport and in particular rail (very different to the recent State & Federal grants).

It was pleasing that Hon Ben Wyatt responded to our correspondence (click this link). We are hopeful that our ideas with the passage of time will be considered as part of the upcoming State election campaign for providing continued stimulus to the sector.

As of the 1st February 2020 Western Power’s Switch Board requirement for Strata Subdivisions has been updated. There is now a requirement to supply and install a Switch/Distribution Board for all survey and built strata developments, including two lot subdivisions as outlined in Western Powers Guideline.

Choosing a suitable position for a new power dome (pillar) now requires more careful consideration as Switch/Distribution boards can dominate the streetscape. As per the image below our client opted to paint the Switch/Distribution board to match the abutting fence and be less noticeable.

For further information on how this may affect your subdivision please contact us.

TLD has recently been engaged to assist with a subdivision in the City of Fremantle for the very first Development Approval that has been obtained under the City’s new ‘Freo Alternative’ policy. The approval is for 2 additional dwellings behind an existing large dwelling on a R20 lot <850m2.

Adam Butcher of Darklight Design created exceptional and innovative designed dwellings that conformed with the principles set under the new policy.

Developers are now required to provide proof that sanitary drainage services have been provided by a Licensed Plumber to each lot on a survey strata scheme in order to obtain new Titles.

Even though evidence that sewer drainage was not required to obtain Titles between 2015-2019, The Land Division (TLD) insisted that all clients undertake this work as we deemed it to essentially be a requirement under the Strata Titles Act and therefore wished to protect our clients best interests (we are aware of significant legal issues where our competitors have not insisted on this). As a result, the need to undertake the required physical works is essentially not a new requirement for our previous clients.

TLD Director Joel Carter was consulted by the Department of Mines in regards to the draft Plumbing Regulations which are due to be presented to Parliament in 2020. A number of Mr Carters recommendations are included in the draft Regulations. See Department of Mines, Industry Regulation and Safety Building and Energy Industry Bulletin 125 for more information.

The presentation for the newly Licensed Surveyors of 2017 was held at Parliament House on Tuesday, 21 November 2017. The Hon. Rita Saffioti MLA, Minister for Planning Lands and Heritage was a guest speaker and presented the Surveyors with their License. Our own Jason Ives was also presented with the Sydney John Stokes Award for excellence and professionalism across all aspects of his cadetship.

Jason and his mentor Paul Nas, The Land Division Director, were also presented with the Neil Browne Prize for outstanding achievement in the Rural Cadastral Survey Project for the registration examinations which was the first time the award has been presented.