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Town Planning

How do I make an application for review?

After submitting your application to SAT, you have 7 days to give a copy of the application to the original decision-maker.

Your application must be accompanied by a copy of the application to the original decision-maker including any plans in scale able form and a copy of the decision to be reviewed (where relevant).

SAT has produced a pamphlet with more information on documents that may be required in planning applications.

How long do I have to apply to SAT?

An application must be lodged within 28 days of the date on which the original decision-maker gives notice of the decision.

SAT has the power to extend the time for bringing an application even if the time limit has expired. If the application is out of time you need to ask for an extension of time and explain why an extension should be granted.

The main considerations are the length of delay, the reasons for delay, whether there is an arguable case and whether there would be prejudice to any person if an extension were granted.

To lodge an application for extension of time, you must complete the original application for your review and within that application, under the section ‘Order sought’ clearly identify that you are seeking an extension of time and provide your reasons for the request.

SAT will then list your application for a directions hearing and at the hearing consider whether or not to extend time and hear your review application

How does SAT handle town planning matters?

If your application involves a development valued at less than $250,000 (or $500,000 if it is a house or a subdivision of a lot to create no more than three lots) it is considered a ‘Class 1 application’.

Otherwise, your application is a ‘Class 2 application’.

Class 1 applications are treated less formally than Class 2 and different fees apply. The procedures and fees are explained on the application form. Use the SAT Application Wizard to view the application form.

Mediation instead of directions hearings

Parties can jointly write to SAT at least two days before the first directions hearing and request that their matter be referred directly to mediation, without having to attend the directions hearing.

If SAT agrees that the matter should go directly to mediation, it will advise the parties of the mediation date and any programming orders, and the parties will not have to come to the directions hearing.

This option does not include class 1 planning applications (developments worth less than $250,000 or $500,000 in the case of a single lot and subdivisions of three lots of less), as these matters are already listed for a one hour directions hearing in which mediation often takes place.

The practice is explained more fully in the relevant information sheet which will be sent to the parties with the notice of the first directions hearing in all Development and Resources matters other than class 1 planning applications.

What happens if the matter is settled between the parties?

Where orders are sought by consent from SAT to give effect to a settlement, a document recording the consent orders must be prepared by the parties and filed with SAT in hard copy (signed by each of the parties or their representatives) and in electronic form.

Any plans, photographs or maps which are to be attached to the consent orders must be filed electronically and in hard form with sufficient copies for SAT and each of the parties.

SAT will only make an order by consent if it is satisfied that it has the power and that it is appropriate to do so.

Can a third party participate in a planning matter?

A person who is not an applicant or a respondent is known as a “third party”. SAT has published a pamphlet explaining how third parties can participate in a SAT planning matter.

The pamphlet notes that there are generally no third party appeal rights in relation to planning decisions in Western Australia and that, under section 243 of the Planning and Development Act 2005, SAT’s general power to join a person as a party to a proceeding under section 38 of the State Administrative Tribunal Act 2004 is excluded in planning matters.

However, there are four ways in which it may be possible for a third party to participate in a planning matter. These are:

  1. being called as a witness by the respondent;
  2. making submissions under section 242 of the Planning and Development Act 2005;
  3. intervening under section 37(3) of the State Administrative Tribunal Act 2004; and
  4. possible participation in mediation.

There is a 3rd party planning matter pamphlet which discusses each of these possibilities.

When does the decision take effect?

Unless SAT specifies otherwise, the decision has effect from the time when the original decision-maker’s decision had effect.

Can I appeal a SAT decision made under the Planning and Development Act 2005?

A party may apply to the President of SAT to review a determination of SAT under part 14 of the Planning and Development Act 2005 upon a matter involving a question of law where the determination was made by a non-legally qualified member. Please see Practice Note 4 - Review of Decisions of the Tribunal under section 244 of the Planning and Development Act 2005 for more information.

Generally, where the decision was made by a legally qualified member this may be appealed on a question of law. The procedures set out in the State Administrative Tribunal Act 2004 allow an appeal of this type to the Supreme Court.

Further Information

For further information, you can read the pamphlets on Class 1 and Class 2 planning applications, or contact SAT.

Last updated: 23-Aug-2016

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