Merlin Street, Falcon

SERVICES: TOWN PLANNING (subdivision application, town planning justification submission and negotiation) LAND SURVEYING (engineering and licensed cadastral) AND SETTLEMENT (application for new titles)


Proposal – 2 Survey Strata Lots


This application involved what was considered to be an elementary lot size variation that TLD has been involved with on many occasions. The City of Mandurah vigorously recommended that the WAPC refuse the subdivision application.


Amongst the City’s reasons was that the subdivision didn’t provide for separate access to each lot from separate streets. TLD prepared a justification submission that this was not an explicit requirement of the R-Codes and provided additional town planning based justification along with a number of similar precedents.


As part of the WAPC’s assessment of the application they met with City representatives (unusual for a small lot subdivision) to discuss the issues. TLD has many discussions with the WAPC who eventually approved the subdivision.


A stumbling block occurred as part of the process of requesting subdivision clearances from the City (the clearance process is where the City assesses the works undertaken by the owner / developer to satisfy the City’s particular subdivision conditions). One of the developer conditions was to construct a vehicle crossover. Due to the separation from the proposed crossover to adjoining verge trees being 1.37m (in lieu of 1.5m required under the City’s policy) the City wouldn’t support a new crossover or the removal of verge trees and a stalemate was reached.


After many months of discussions with the City, TLD made the decision to bypass the City and to request the WAPC to ‘clear’ the condition. Subsequent discussions and negotiations with the WAPC continued for a number of months however eventually the WAPC cleared the condition and endorsed the Survey Strata Plan to enable new titles to be issued.



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