Posted: September 13th, 2017

Town Planning Australia

PLANNING LAW – Assignment 2
DUE: 7 November 2014

To complete this assignment, you will need to review and be familiar with the Shire of
Augusta-Margaret River Town Plarming Scheme No 1 (TPS 1) which is available to
download at wwwplanning.wa.gov.au. You should also be familiar with the scheme
maps and the zonings and reserves of TPS 1.

Students should also review any be aware of any relevant WAPC policies. You should
assume that neither TPS 1 nor any amendments to it have been referred to or assessed by
the Environmental Protection Authority.

The Shire of Augusta-Margaret River is not be contacted by students. The Shire has had
no involvement in the drafting of this assignment. The Shire has been requested not to
assist with fictitious queries.

The word limit for this assignment is 2000 words. On the cover sheet to the assignment,
students are required to advise on the number of words used.

This is an individual assignment and comprises 30% of the marks in this unit.

All references are to fictional lots.

FACTS

You have commenced work as a town planner at the Shire of Augusta-Margaret River.
On your commencement, you have been allocated the following files:

File 1: MR-S1

Lot 4 is zoned Priority Agriculture and has an area of 1oha. The application proposes to
subdivide Lot 4 into five lots of 2ha each. The purpose of the subdivision is to create
rural lifestyle lots. Lot 4 is covered by substantial areas of native vegetation, which will
need to be cleared to facilitate the subdivision.

Draft a brief report to Council outlining the subdivision process, the relevant
considerations arising from the applicable framework with respect to the subdivision and
make a recommendation to Council as to whether the subdivision should be approved. (4
marks)

File 2: MR-Dl

The owner of Lot 9 has applied to develop a ‘service station’ (including a small road
housefconvenience store) on their land.

Lot 9 is zoned Service Commercial in TPS 1. During advertising, another landowner
calls you to discuss the proposal and suggests that the application should be refused as
there are already three service stations in town, none of which are any making money.

The landowner is also concerned that the service station will cause contamination of
groundwater, which would affect water supply to the town.

You discuss the application with a senior planner who suggests that the service station
application should be supported by an assessment which demonstrates that a further
service station is needed in the Shire.

In a short memorandum to the Director of Planning outline:

(i) whether the service station (and roadhouse) is capable of approval in the
Service Commercial zone in TPS 1, on what basis you reach that view and
what process any such application would follow (1 Mark); and

(ii) what can be done to resolve the groundwater concerns (1 Mark); and

(iii) whether it is appropriate to require the proponent to submit a report which
demonstrates that a further service station is needed (1 Mark).

File 3: MR~D2

This application is a proposal for a ‘massage parlour‘ on land that is zoned Town Centre
in TPS 1.

Draft a brief report to Council explaining how Council should assess the application and
the relevant considerations that must be taken into account under the applicable planning
framework. (4 Marks)

File 4: MR-SA1

Lot 7 is zoned Industry in TPS l. The landowner has approached Council seeking to
rezone Lot 7 to Residential.

In a short report to Council outline the steps that would be involved in the preparation
and assessment of the amendment including an analysis of the roles of the state and local
government departments, as well as any Ministers, in the scheme amendment process. (4
Marks)

File 5: MR-D3

A landowner has called to complain that a neighbour has moved a shipping container
onto their front lawn which is being used as cubby house. The cubby house is visible
from the street and has ‘windows‘ overlooking neighbours‘ front yards. No application
has been made to Council.

Draft a brief note to Council as to whether Council can do anything about the cubby
house. Outline possible steps that the Council could take (2 Marks)

File 6: MR-SA2

A landowner has appealed to the State Administrative Tribunal over the refusal of the
Council to initiate a scheme amendment to rezone the Council to rezone her land. Advise
Council of the merits of the appeal and what actions (if any) Council should take? (1
Mark)

File 7: MR-G1

Lot 8 is zoned Residential in TPS 1. Council approved an application to construct four
(4) dwellings on the land on 1 April 2012. The approval is subject to conditions and is
valid for a period of two (2) years during which the development must be substantially
commenced.

On 13 April 2014 you notice that only one of the dwellings is constructed to near roof
height and three of the slabs have not yet been poured. There have been some minor
earthworks across the site. Bricks and construction materials are everywhere as are
workers.

Draft a report to Council as to whether the continued development on site is lawful and
what actions Council could take. (4 Marks)

File 8: MR~PE1

A landowner sought and obtained approval to subdivide lot 9 into two (2) lots (Lots 10
and 1 1) and develop a dwelling on each lot. The dwellings were recently constructed and
sold. The land is zoned Residential in TPS 1.

The new owner of Lot 10 has written to Council complaining that Lot 1 l is being used as
an office by the owner. No other details are provided.

Draft a short report as to whether the Council can take action against the owner of Lotll
including any additional steps or information that may be required before any decision is
taken in relation to the alleged office uses? (3 Marks)

File 9: MR-G2

A group of irate landowners have written to Council regarding a new school being built
at the edge of the town on land owned by the Department of Education. The school is
currently under construction. The land is reserved for School purposes in TPS 1. Council
was made aware by the Education Department that a new school was needed on the site.
The landowners claim that the application was not advertised and that they were not
given notice as is required under TPS 1. That is correct because no application was ever
received by Council. The landowners want Council to stop the construction work
immediately.

How do you advise the landowners and what steps (if any) can be taken? (1 Mark)

Assume the subdivision of Lot 4 (File 1: MR-S1) is approved. You receive calls from
landowners complaining that widespread clearing of land is going on and they have
received no notification of a new development on Lot 4. They are very angry because
they love the woodlands on that land.
Draft a short report to Council advising what actions should be done and what powers
Council have to prevent the clearing? (2 Marks)
File 11: MR-PE3
With respect to the massage parlour (File MR-D2) e assume it is approved by Council.
However, you receive a report that the massage parlour is not only operating as a
massage parlour but – in some instances – is operating as a brothel. A site inspection late
on a Saturday evening confinns this to be the case.
Draft a short report as to whether the Council can take action against the massage parlour
owner (and in reliance on what powers) to ensure the brothel uses cease? (2 Marks)
END OF ASSIGNMENT
SJ Willey
S Price

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