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3rd Party Appeals - an information paper
The Planning Appeals Amendment Bill 2001 was referred to the Legislative Council’s Standing Committee on Public Administration and Finance on 8 November 2001, primarily to consider the introduction of third party appeals.
The Committee has been instructed by the Legislative Council to report back no later than 5 December 2001.
This is insufficient time to allow for a proper review of third party appeals and other related planning legislation.
The Bill already provides for a third party with a “sufficient interest” to make submissions in proposed section 57:
“The Tribunal may receive or hear submissions from a person who is not a party to an appeal in respect of the appeal if the Tribunal is of the opinion that that person has a sufficient interest in the appeal.”
Hastily prepared legislation to provide for third party appeals would harm investment and employment in WA, as its introduction could result in:
(a) heightened uncertainty in planning;
(b) approval delays and increased costs;
(c) a litigation culture;
(d) a decline in our international and interstate competitiveness; and
(e) a further erosion of business confidence in a fragile economic environment in WA.
Contrary to suggestions in Parliament, there is no consistency in legislation around Australian jurisdictions providing for third party appeal rights.
Third party appeal provisions in other states generally relate to larger projects only e.g. ports and mines.
It is important that the current bill is passed in its current form to remove the scope for further delays in the resolution of planning appeals awaiting the passage of legislation.
