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To: WA Parliament, or your Local Member

Equal Rights for all in Land Use Planning - Third party appeal rights in Planning

Get your friends or associates to sign this and send it to 54 Duke Street, Albany - we need original copies as photocopies are not accepted by Parliament. Alternatively take it to your local MLA.
PETITION
To the Honourable the Speaker and Members of the Legislative Assembly of the Parliament of Western Australia in Parliament assembled.
We the undersigned say that under current planning law in WA, applicants for development have two rights of appeal: the right to appeal a refusal of development, and the right to appeal a condition of development approval.
Ordinary citizens, on the other hand, have no rights of appeal, and hence are unable to protect the amenity of their homes, streets and towns.
Under the International Covenant on Civil and Political Rights (1966) all persons are equal before the law.
We believe a third party should have the right to question the validity of any administrative decision made under an Act of Parliament. This reflects the common law and ensures public confidence and integrity in the system.

ACTION - We therefore request the LegislativeAssembly to enact an amendment to the Planning and Development Act 2005 to reinstate the Right of Third Party Appeal, and effect its inclusion in all Local Planning Schemes.

NAME ADDRESS SIGNATURE

























(Each successive page of signatures must have the following at the top)

ACTION - We therefore request the LegislativeAssembly to enact an amendment to the Planning and Development Act 2005 to reinstate the Right of Third Party Appeal, and effect its inclusion in all Local Planning Schemes.

NAME ADDRESS SIGNATURE






































PETITION
To the Honourable the Speaker and Members of the Legislative Assembly of the Parliament of Western Australia in Parliament assembled.
We the undersigned say that under current planning law in WA, applicants for development have two rights of appeal: the right to appeal a refusal of development, and the right to appeal a condition of development approval.
Ordinary citizens, on the other hand, have no rights of appeal, and hence are unable to protect the amenity of their homes, streets and towns.
Under the International Covenant on Civil and Political Rights (1966) all persons are equal before the law.
We believe a third party should have the right to question the validity of any administrative decision made under an Act of Parliament. This reflects the common law and ensures public confidence and integrity in the system.

ACTION - We therefore request the LegislativeAssembly to enact an amendment to the Planning and Development Act 2005 to reinstate the Right of Third Party Appeal, and effect its inclusion in all Local Planning Schemes.

NAME ADDRESS SIGNATURE



























ACTION - We therefore request the LegislativeAssembly to enact an amendment to the Planning and Development Act 2005 to reinstate the Right of Third Party Appeal, and effect its inclusion in all Local Planning Schemes.

NAME ADDRESS SIGNATURE

Why is this important?

Why are third party rights of appeal important?
Planning Law gives applicants for development privileged rights, conferring on them two rights of appeal: one against refusal of development, the other against conditions attached to development approvals.

Residents, by contrast, have been stripped of any right of appeal. No matter how bad the decision may be, residents adversely affected by a planning decision have no right to appeal against that decision

The City of Albany, under pressure from the WA Planning Commission and the Minister for Planning, has agreed to remove existing (in the Shire Scheme) and proposed third party right of appeal in its new Local Planning Scheme. The City was the last Local Government to hold these rights, rights that have been systematically removed over recent years

Human rights are commonly understood as "inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Under the International Covenant on Civil and Political Rights (1966 -in force from 23/03/1976 in Australia) all persons are equal before the law.

We believe the removal of third party appeal rights is a fundamental breach of human rights. As democratic citizens we should have the right to query any administrative decision made under an Act of Parliament. By having this right we can assist with balancing the system against poor judgement, corruption or misrule

There is no evidence that TPAs swamp the system. In South Australia, the ratio of third party to applicant appeal has been around 50 - 440 per annum (figures are prior to 2009).

If you are not convinced of the need for vigilance in Planning matters have a look at the following websites - the Dirty Sexy Money show from 4 corners a few years ago: http://www.abc.net.au/4corners/content/2008/s2214216.htm
The Independent Commission Against Corruption 28 May 2008 found former Wollongong City Council Planner Beth Morgan and developer Frank Vellar guilty of "serious corrupt conduct".
http://www.abc.net.au/news/2008-05-28/sex-for-development-pair-found-corrupt/2451238

How it will be delivered

We are currently approaching our local MLAs to find a willing envoy to deliver the petition in Parliament - I will update this soon.


Reasons for signing

  • We have laws against discrimination as well as equal opportunity laws. Why are developers able to appeal but not ordinary citizens?

Updates

2018-03-20 11:50:05 +1100

50 signatures reached