Appeals stoush spills over
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Tuesday, 22 August, 2000 - 22:00
WA’S Labor Party wants to reduce the Minister for planning’s role in planning appeals.
However, Planning Minister Graham Kierath wants to do the same thing.
Developers, whose plans have been rejected by a local government, can either appeal to the Minister or a planning appeals tribunal.
Mr Kierath hears about 800 appeals a year and upholds about 400.
Labor Planning spokesman Alannah MacTiernan said the ministerial appeals system had caused a great deal of cynicism in the community and led to fears that decisions were often made on the basis of personal and political favours.
She cited Mr Kierath’s recent decision to allow a plan for a 40 metre commercial jetty at Mindarie Keys to proceed even though the Wanneroo City Council refused it.
Ms MacTiernan said Mr Kierath had used his “controversial ministerial appeals power” to overturn the council’s decision.
The jetty plan was also refused in 1999 by the Government-appointed commissioners put in charge of the City of Wanneroo.
“Residents are up in arms because the amenity of their neighbourhood will be destroyed by crews arriving at 4am each morning and warming up the large diesel engines of the fishing boats moored at the jetty,” Ms MacTiernan said.
“The Minister admitted he received submissions from local Liberal Party MPs but declined to reveal the content of their submissions.”
Ms MacTiernan said Labor’s approach to removing the minister from planning appeals had been supported by local governments, developers and lawyers.
“The Court Government claims it wants to abolish these appeals but has run dead on the legislation it introduced more than a year ago with Kierath admitting he did not care if the legislation failed as he supported the ministerial appeal system,” she said.
Mr Kierath hit back, saying Labor’s legislation was a 90 per cent copy of the Government’s legislation.
He said the Opposition had been hypocritical in delaying the passage of the new Government appeals legislation when it wanted to include most of it as its new policy.
“The legislation proposed by the Government reduces the role of the Minister in the planning appeals process and makes it more accessible for all people,” Mr Kierath said.
He implied the Labor proposal was favouring the legal fraternity because it was a legal-based system.
“The Opposition has decided to pinch our ideas for their policy but put it in a legal arena which would cost people time in delays and money in legal fees.
“Our legislation is a fairer system that does not require people to pay thousands of dollars in legal fees to lawyers to participate.
“The appeals system should not just be for the rich who can afford the best legal advice.”
However, Planning Minister Graham Kierath wants to do the same thing.
Developers, whose plans have been rejected by a local government, can either appeal to the Minister or a planning appeals tribunal.
Mr Kierath hears about 800 appeals a year and upholds about 400.
Labor Planning spokesman Alannah MacTiernan said the ministerial appeals system had caused a great deal of cynicism in the community and led to fears that decisions were often made on the basis of personal and political favours.
She cited Mr Kierath’s recent decision to allow a plan for a 40 metre commercial jetty at Mindarie Keys to proceed even though the Wanneroo City Council refused it.
Ms MacTiernan said Mr Kierath had used his “controversial ministerial appeals power” to overturn the council’s decision.
The jetty plan was also refused in 1999 by the Government-appointed commissioners put in charge of the City of Wanneroo.
“Residents are up in arms because the amenity of their neighbourhood will be destroyed by crews arriving at 4am each morning and warming up the large diesel engines of the fishing boats moored at the jetty,” Ms MacTiernan said.
“The Minister admitted he received submissions from local Liberal Party MPs but declined to reveal the content of their submissions.”
Ms MacTiernan said Labor’s approach to removing the minister from planning appeals had been supported by local governments, developers and lawyers.
“The Court Government claims it wants to abolish these appeals but has run dead on the legislation it introduced more than a year ago with Kierath admitting he did not care if the legislation failed as he supported the ministerial appeal system,” she said.
Mr Kierath hit back, saying Labor’s legislation was a 90 per cent copy of the Government’s legislation.
He said the Opposition had been hypocritical in delaying the passage of the new Government appeals legislation when it wanted to include most of it as its new policy.
“The legislation proposed by the Government reduces the role of the Minister in the planning appeals process and makes it more accessible for all people,” Mr Kierath said.
He implied the Labor proposal was favouring the legal fraternity because it was a legal-based system.
“The Opposition has decided to pinch our ideas for their policy but put it in a legal arena which would cost people time in delays and money in legal fees.
“Our legislation is a fairer system that does not require people to pay thousands of dollars in legal fees to lawyers to participate.
“The appeals system should not just be for the rich who can afford the best legal advice.”