3.8 STRATA PLAN APPLICATIONS - LOT 21 BOULDER ROAD, … · Ross Smee) Zoning: TPS - Lot 21 Boulder...
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Ordinary Meeting of Council 2 September 2009 Page 1 3.8 STRATA PLAN APPLICATIONS - LOT 21 BOULDER ROAD, MALAGA AND LOT 757 CORICH PASS, AVELEY (Ballajura) (Development Services) (BS001/09, BS004/09) KEY ISSUES • On 9 June 2009 the Western Australian Planning Commission delegated its power to approve strata plans to local government. • As a result of this delegated function, the City is now in receipt of two strata plans, with approval being sought for both. • As the City's "Delegation of Authority Register" has not been amended to reflect these recent changes, City staff do not have the authority to approve strata plans, thereby requiring a decision of the Council. • The two strata plans have been found to be consistent with the constructed building that they relate to, as well as their subsequent planning approvals as issued by the City. It is recommended that Council approve Strata Plan 58951 for Lot 21 (No. 46) Boulder Road, Malaga and Strata Plan 58455 for Lot 757 (No. 31) Corich Pass, Aveley. AUTHORITY/DISCRETION Under Section 25 of the Strata Titles Act 1985, preliminary approval and a Certificate of Approval is required from the Western Australian Planning Commission for a strata plan. The Council may approve (with or without conditions) or refuse a strata plan and its subsequent 'Certificate of Approval'. If the applicant is aggrieved with the decision of Council, including any conditions imposed, a right of appeal may exist in accordance with Part 27 of the Strata Titles Act 1985 and Part 14 of the Planning and Development Act 2005. Under Section 16 of the Planning and Development Act 1995, the Western Australian Planning Commission may delegate any of its powers to a local government. Under Part 5 of the Local Government Act 1995, a local government may delegate to its Chief Executive Officer some of its powers and duties. BACKGROUND Applicant: Lot 21 Boulder Road
Transcript of 3.8 STRATA PLAN APPLICATIONS - LOT 21 BOULDER ROAD, … · Ross Smee) Zoning: TPS - Lot 21 Boulder...
Ordinary Meeting of Council 2 September 2009
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3.8 STRATA PLAN APPLICATIONS - LOT 21 BOULDER ROAD, MALAGA AND LOT 757 CORICH PASS, AVELEY
(Ballajura) (Development Services) (BS001/09, BS004/09)
KEY ISSUES
• On 9 June 2009 the Western Australian Planning Commission delegated its power to approve strata plans to local government.
• As a result of this delegated function, the City is now in receipt of two strata plans, with approval being sought for both.
• As the City's "Delegation of Authority Register" has not been amended to reflect these recent changes, City staff do not have the authority to approve strata plans, thereby requiring a decision of the Council.
• The two strata plans have been found to be consistent with the constructed building that they relate to, as well as their subsequent planning approvals as issued by the City.
It is recommended that Council approve Strata Plan 58951 for Lot 21 (No. 46) Boulder Road, Malaga and Strata Plan 58455 for Lot 757 (No. 31) Corich Pass, Aveley.
AUTHORITY/DISCRETION
Under Section 25 of the Strata Titles Act 1985, preliminary approval and a Certificate of Approval is required from the Western Australian Planning Commission for a strata plan.
The Council may approve (with or without conditions) or refuse a strata plan and its subsequent 'Certificate of Approval'. If the applicant is aggrieved with the decision of Council, including any conditions imposed, a right of appeal may exist in accordance with Part 27 of the Strata Titles Act 1985 and Part 14 of the Planning and Development Act 2005.
Under Section 16 of the Planning and Development Act 1995, the Western Australian Planning Commission may delegate any of its powers to a local government.
Under Part 5 of the Local Government Act 1995, a local government may delegate to its Chief Executive Officer some of its powers and duties.
BACKGROUND
Applicant: Lot 21 Boulder Road
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Romnac Enterprises Pty Ltd Lot 757 Corich Pass Cottage & Engineering Surveys
Owner: Lot 21 Boulder Road Romnac Enterprises Pty Ltd (Director - Pat Astone) Lot 757 Corich Pass JPA Projects (WA) Pty Ltd (Directors - Jason Janssen & Ross Smee)
Zoning: TPS - Lot 21 Boulder Road - General Industrial Lot 757 Corich Pass - Special Use
MRS - Lot 21 Boulder Road - Industry Lot 757 Corich Pass - Urban
Strategy/Policy: WAPC's Instrument of Delegation as printed in the Government Gazette, dated 9 June 2009
Development Scheme: Local Planning Scheme 17 Lot Size: Lot 21 Boulder Road - 1012m2
Lot 757 Corich Pass - 2482m2
Area: Lot 21 Boulder Road - 274m2 GLA (per tenancy) Lot 757 Corich Pass - various
Use Class: Lot 21 Boulder Road - 'Warehouse' Lot 757 Corich Pass - 'Grouped Dwelling'
DETAILS OF THE PROPOSAL
The purpose of this report is two-fold, being to:
1. Seek Council's approval of Strata Plan 58951 for Lot 21 (No. 46) Boulder Road, Malaga, as submitted to the City; and
2. Seek Council's approval of Strata Plan 58455 for Lot 757 (No. 31) Corich Pass, Aveley, as submitted to the City.
SITE HISTORY/PREVIOUS APPROVALS
On 15 December 2003 the City granted planning consent for a two (2) tenancy 'warehouse' development at Lot 21 (No. 46) Boulder Road, Malaga.
On 3 September 2008 the City granted planning consent for nine (9) grouped dwellings at Lot 757 (No. 31) Corich Pass, Aveley.
Strata Plan Process
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Given recent changes implemented by the Western Australian Planning Commission (WAPC) it is considered to have merit to outline the process of how strata plans are issued, particularly with respect to the role of the WAPC and local government.
Strata Titles Act 1995
The Strata Titles Act 1995 (STA) is the legislation that is responsible for creating strata plans (and strata titles). While the STA controls all forms of strata plans, for the sake of clarity only built strata plans will be discussed in this report as these are the only types pertinent to the delegation from the WAPC.
Under section 25 of the STA, a strata plan is required to be approved by the WAPC. This application is made to the WAPC by way of a 'Form 24', resulting in the strata plan either obtaining a preliminary approval (with or without conditions) or a refusal by the WAPC.
Should a preliminary approval be granted, following the satisfaction of any conditions that may have been imposed, the applicant is then required to obtain a Form 26 'Certificate of Approval' for the strata plan. This 'Form 26' certifies the final approval of the strata through the satisfaction of any conditions. If no conditions were imposed on the preliminary approval, the 'Form 26' may be issued concurrently with the preliminary approval.
Up until 9 June 2009, the WAPC was the responsible authority for the issuing of both the preliminary approval and the Form 26 'Certificate of Approval.'
Planning and Development Act
Section 16 of the Planning and Development Act 2005 empowers the WAPC, by resolution published in the Government Gazette, to delegate any function it performs to a local government.
On 9 June 2009 a notice was printed in the Government Gazette stating that the WAPC had resolved to delegate to local governments its powers set out in Section 25 of the STA (which relates to strata plans), with the exception of those applications which:
• Propose the creation of a vacant lot; • Propose vacant air strata's in multi-tiered strata scheme developments; • In the opinion of the WAPC as notified to the relevant local government in
writing, or in the opinion of the relevant local government as notified to the WAPC in writing, relate to: i) a type of development; and/or ii) land within an area, which is of state or regional significance, or in respect
of which the WAPC has determined is otherwise in the public interest for the WAPC to determine the application.
Local Government Act 1995
Under Part 5 (Clauses 5.42) of the Local Government Act 1995, a local government may delegate to its Chief Executive Officer some of its powers and duties.
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Clause 5.44 then in turn allows the CEO to delegate some of his/her powers and duties to other employees of the local government. This delegation of power to the CEO is outlined in the City's Delegation of Authority Register'.
This delegation from Council to the CEO and then to City employees is outlined in the City's 'Delegation of Authority - Statutory Planning' Policy (POL-C-021).
As to date local government has not had the authority to approve strata plans, as set out in section 25 of the STA, the City's Delegation of Authority Register' is silent on this function, meaning that these decisions must be made by Council.
APPLICANT'S SUBMISSION
As prescribed under the Strata Titles Act 1995, the applicants for both properties have submitted:
• A 'Form 24' (Application to Western Australian Planning Commissions for Certificate of Approval for a strata plan, plan of re-subdivision or consolidation); and
• A copy of their respective Strata Plan.
PUBLIC CONSULTATION
Nil
CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS
Nil
REPORT
As indicated above, the purpose of this report is to seek approval for two submitted Strata Plans.
Strata Plan 58951
Approval is being sought for strata plan 58951 for Lot 21 Boulder Road, Malaga, which relates to a 'warehouse' development approved by the City on 15 December 2003.
A site inspection has confirmed that the 'warehouse' development is fully constructed.
The strata plan submitted portrays two part lots (Pt 1 and Pt2) which coincide with the exclusive space allocated to the two tenancies. The strata plan's common property encompasses the development's car parking.
No management statement is to underpin the strata plan.
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A comparison has found that the submitted survey plan (and the constructed building) is generally consistent with the approved development plans, with only minor discrepancies in dimensions, which are often expected during construction. No conditions are recommended to be imposed.
It is recommended that Council issue preliminary approval to Strata Plan 58951 and, as no conditions are recommended, to concurrently issue the Form 26 'Certificate of Approval to Strata Plan.'
Strata Plan 58455
Approval is being sought for strata plan 58455 for Lot 757 Corich Pass, Aveley, which relates to a grouped dwelling development consisting of nine residences, approved by the City on 3 September 2008.
A site inspection has confirmed that the 'grouped dwellings' are nearing completion.
The strata plan submitted portrays nine part lots which coincide with the exclusive space allocated to the nine tenancies. The individual part lots encompass the tenancy's garages. Parking areas coincide with the approved development allocation.
No management statement is to underpin the strata plan.
It is recommended that Council issue preliminary approval to Strata Plan 58455 and, as no conditions are recommended, to concurrently issue the Form 26 'Certificate of Approval to Strata Plan.'
OPTIONS AND IMPLICATIONS
Option 1: Council may resolve to grant preliminary approval for strata plans 58591 and 58455, as submitted by the applicant, and to concurrently issue the Form 26 'Certificate of Approval.' This is the preferred option.
Implication: This option will allow the applicant to seek final endorsement from the Registrar of Titles for the strata plans.
Option 2: Council may resolve to refuse on or both of the strata plans. This is not a preferred option.
Implication: If aggrieved with Council's decision, the applicant has the right of review to the State Administrative Tribunal within 30 days of Council decision.
CONCLUSION
Both submitted strata plans are consistent with their constructed developments as approved by the City.
Until recently the City had no authority to determine strata plans, with this power held by the WAPC. On 9 June 2009 this function was delegated to local government.
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Under the City's current statutory environment, as no delegation exists for the determining of strata plans, these applications need to be determined by Council.
It is recommended that Council approve the two subject strata plans and issue the respective Form 26 'Certificate of Approval.'
ATTACHMENTS
• Strata Plan 58951, stamped received date 15 July 2009
• Approved Development Plans, dated 15 December 2003
• Strata Plan 58455, stamped received date 11 August 2009
• Approved Development (Site) Plan, dated 3 September 2008
STRATEGIC IMPLICATIONS
Nil
STATUTORY ENVIRONMENT
Strata Titles Act 1985
Planning and Development Act 2005
Local Government Act 1995
FINANCIAL IMPLICATIONS
Nil
RECOMMENDATION
That the Council resolve to:
1) Grant preliminary approval of strata plan 58951 for Lot 21 (No. 46) Boulder Road, Malaga, as submitted to the City and to concurrently issue the Form 26 'Certificate of Grant of Approval by Western Australian Planning Commission to Strata Plan.'
2) Grant preliminary approval of strata plan 58455 for Lot 757 (No. 31) Corich Pass, Aveley, as submitted to the City and to concurrently issue the Form 26 'Certificate of Grant of Approval by Western Australian Planning Commission to Strata Plan.'
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3) Authorise the Chief Executive Officer to determine similar future applications under delegated authority.
CARRIED
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