Western Australian Current Acts

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PLANNING AND DEVELOPMENT ACT 2005 - SECT 164A

164A .         Integration of subdivision and development

        (1)         This section applies if, on an application for subdivision approval or development approval, the Commission or responsible authority forms the opinion that the integration of subdivision and development approvals or multiple subdivision or development approvals is necessary or desirable —

            (a)         due to the size of the lots and potential impact on the amenity of the locality; or

            (b)         for other reasons associated with the achievement of orderly and proper planning, and the preservation of the amenity, of the locality.

        (2)         The main purposes of integrating subdivision and development approvals are —

            (a)         to facilitate a cohesive approach to planning and development in circumstances where subdivision and development should only be undertaken in conjunction with each other; and

            (b)         to ensure that, in those circumstances, appropriate conditions for both the subdivision and development of land are determined as early as is practicable.

        (3)         If this section applies —

            (a)         the Commission may, in order to achieve the necessary or desirable integration of subdivision and development approvals, refuse to determine an application for subdivision approval until other applications for subdivision or development approvals are made or are made and determined; and

            (b)         the Commission may refuse to unconditionally endorse a diagram or plan of survey with a subdivision approval in order for the plan to be registered in the Register under the Transfer of Land Act 1893 unless satisfied that —

                  (i)         the diagram or plan of survey is an accurate depiction of the subdivision that has been prepared after completion of the works necessary for the subdivision and the construction or modification of the buildings necessary for the development, the approvals of which have been required to be integrated; and

                  (ii)         the subdivision and development has been undertaken consistently with the relevant approvals, including their conditions; and

                  (iii)         the requirements of the Building Act 2011 have been complied with for the development.

        (4)         Regulations may be made —

            (a)         requiring the Commission or a responsible authority to inform each other and share information about an application for subdivision approval or development approval; or

            (b)         requiring an applicant to provide additional documents or information reasonably required to determine whether subdivision and development approvals should be integrated under this section and to give effect to any such integration; or

            (c)         establishing processes for the concurrent or separate consideration of subdivision and development approvals to which this section applies and for the imposition of conditions of approvals to which this section applies; or

            (d)         otherwise facilitating the integration of subdivision and development approvals.

        [Section 164A inserted: No. 30 of 2018 s. 166.]



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