THE OWNERS OF STRATA PLAN 5517 and WESTERN AUSTRALIAN PLANNING COMMISSION

[2006] WASAT 348 (S)

JURISDICTION	: STATE ADMINISTRATIVE TRIBUNAL
STREAM	:  DEVELOPMENT & RESOURCES
ACT	:  TOWN PLANNING AND DEVELOPMENT ACT 1928 (WA)
CITATION	:  THE OWNERS OF STRATA PLAN 5517 and WESTERN AUSTRALIAN PLANNING COMMISSION [2006] WASAT 348 (S)
MEMBER	:  MR L GRAHAM (SESSIONAL MEMBER)
HEARD	: DETERMINED ON THE DOCUMENTS

(SUPPLEMENTARY)

DELIVERED	: 29 NOVEMBER 2006
SUPPLEMENTARY
DECISION	: 12 JANUARY 2007
FILE NO/S	:  DR 664 of 2005
BETWEEN	:  THE OWNERS OF STRATA PLAN 5517 Applicant

AND

WESTERN AUSTRALIAN PLANNING
COMMISSION

Respondent

Catchwords:

Decision of Tribunal made without member having available a submission - President referred submission to member to reconsider decision in light of submission - Decision confirmed

[2006] WASAT 348 (S)

Legislation:

Town Planning and Development Act 1928 (WA)

Result:

The decision of the Tribunal delivered on 29 November 2006 is confirmed

Category: B

Representation:

Counsel:

Applicant	:	Mr S Bain (Acting as Agent)
Respondent	:	Ms N Lucas-Smith (Acting as Agent)

Solicitors:

Applicant : SJB Town Planning & Urban Design (Town

Planners)

Respondent : Department for Planning and Infrastructure

Case(s) referred to in decision(s):

Nil

[2006] WASAT 348 (S)

REASONS FOR DECISION OF THE TRIBUNAL:

Summary of Tribunal's decision

1              The decision of the Tribunal in this matter was delivered on

29 November 2006: see The Owners of Strata Plan 5517 and Western Australian Planning Commission [2006] WASAT 348. However, certain material was not available to the member during the preparation of the reasons. The President determined that the member should reconsider the decision in light of the additional material as a matter of fairness to the applicant.

2              The material was subsequently examined by the member and the

member determined that its nature and substance did not alter the

decision.

1. The decision of the Tribunal of 29 November 2006 was confirmed.

Consideration of submission not previously available to member

4              On 3 October 2006, the Tribunal received a submission dated

25 September 2006 entitled "Submission on Statement of Evidence of Nicole Lee-anne Lucas-Smith". The submission dated 25 September 2006 was prepared by Mr Simon J Bain, a qualified town planner, on behalf of the applicant, but was not available to me when I determined this matter on the documents.

5              At the President's request, I have read and considered the submission

dated 25 September 2006 in order to reconsider my earlier decision in fairness to the applicant. The 12 points raised in the submission are mainly in the form of refuting some of the information and argument contained in the statement of evidence dated 8 September 2006 of Ms Lucas-Smith, a qualified town planner for the respondent. Ms Lucas-Smith's statement of evidence was available to me when I determined the matter.

6              The submission also refers to details contained in the witness

statement dated 6 September 2006 of Mr Bain, which was available to me
when I determined the matter.

7 The nature and substance of the submission dated

25 September 2006 does not cause me to alter my decision in this matter.

[2006] WASAT 348 (S)

Order

1. For the foregoing reasons, the Tribunal makes the following order:

   1.          The decision of the Tribunal of 29 November 2006 is confirmed.

   I certify that this and the preceding [8] paragraphs comprise the reasons for decision of the State Administrative Tribunal.

   ___________________________________
   MR L GRAHAM, SESSIONAL MEMBER