How SAT handles review applications of planning decisions

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.

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.

For further information on Class 1 and Class 2 applications, please see Info Sheet 3 – Class 1 planning applications and Info Sheet 4 – Class 2 planning applications.

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.

Where orders are sought by consent from SAT to give effect to a settlement, a document recording the consent orders and any plans, photographs or maps which are to be attached to the consent orders must be prepared by the parties and filed with SAT by elodgment.

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.

A person who is not an applicant or a respondent is known as a “third party”.

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.

For further information, please see Info Sheet 6: 'Third party participation in planning matters Info'

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

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.

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.

For further information, please see Practice Note 4 - Review of Decisions of the Tribunal under section 244 of the Planning and Development Act 2005.