FAQs

Yes, the Western Australian Planning Commission (WAPC) meeting agenda & minutes are available publicly online.

The approved plans can be viewed as part of the 10 August 2023 Agenda on the Department of Planning, Lands and Heritage (DPLH) website here

Not at this stage. The Town has been given a timeframe of 31 days to provide referral comments on the minor amendments back to the WAPC.

Given the minor nature of the amendments, the Department of Planning, Lands and Heritage (Department) has determined that there is no need to seek public comment or publicly advertise the plans.

The amendment plans will be published on the Department website once determined.

A ‘PAT’ is a Permit for Activity on Thoroughfares and is an application for approval to commence works within the verge and/ or local road.

Yes. A PAT is required under the Town’s Local Law - Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law, for public realm works associated with the WAPC approval to the extent they are proposed within the road verge. The Local Law falls under the overarching Local Government (Uniform Local Provisions) Regulations (Regulations), which stipulate local roads be under the Town’s care and control and management.

The PAT is required under the Local Law for public realm works associated with the SDAU approval, as the proposed works fall within the road verge, and on Turnbull Way (Laneway). The various public realm works proposed in the road verge for the Mos Lane development (i.e. new on-street car parking bays, bike racks, pavement and landscape treatments, footpaths, a parklet and new street trees), are consistent with the plans of the State WAPC approval for the Mos Lane Development. An associated legal agreement will provide lawful authority for the additional works not covered by the PAT.

The development has now received WAPC approval.

While WAPC approval has already been granted for the works, the applicant requires the permit under the local law and additional legal agreement to undertake the public realm works.

While the Town had the opportunity to comment on the development during the Department assessment process, the Town does not have the ability to comment on other aspects of the development through the PAT application.

The Town has a role to facilitate and influence a positive outcome for the community in its assessment of the PAT application. Simply not supporting the PAT application does not create a barrier for the development in proceeding.

If the Town is inclined to refuse the PAT application, it must first notify the Minister for Planning of its intention. Upon request by the Applicant, the Minister may direct the Town to approve the PAT in accordance with powers created through the Part 17 significant development pathway. The Town has received legal advice to substantiate this; that the Minister has powers under Part 17 of the Planning & Development Act 2005 to direct the Town to make a decision that does not prevent the significant development from proceeding in accordance with the approval.

The PAT application is a technical document and has no statutory requirement or process through which it would typically be made publicly available. The application is, however, scheduled to be tabled for the May Council meetings and will therefore be available as attachments to the relevant agenda.

The May Council agenda can be viewed here:  https://www.mosmanpark.wa.gov.au/wp-content/uploads/2024/05/Orindary-Council-Meeting-28-May-2024-2.pdf

The Town's role in accordance with Part 17 of the Planning and Development Act, as the local government, is to assist in the facilitation of clearing of approval conditions. To clear several conditions related to the public realm, consideration of the PAT is one of them.

The Town’s role is not to suggest fundamental design changes at this stage unless technical experts require further interventions with regards to road and pedestrian safety.

What the Town can do, is assess whether the approved plans can be bettered through additional traffic calming measures, improved landscaping species types, and make sure appropriate mitigation measures are applied during the installation/ construction phase.

The Town’s assessment is in accordance with advice from traffic engineers and lawyers. This is so the Town can achieve the safest outcome for the approved design to enable an appropriate and sustainable outcome for the community.

The permit is one of many approvals required to fulfil the WAPC conditions of approval. The Town has not received information as to when the building permit for the development will be lodged, or when construction is expected to commence.

For further information, please refer to the project milestones/timeline below:

• 2021 
  • 16 July WAPC Application referred to Town for initial comment 
  • 26 Aug Town provides a recommendation for refusal to WAPC
• 2023
  • 16 Feb WAPC referred to Town for specific technical commentary
  •  3 Mar Town provides a response to the WAPC
  • 10 Aug Development approval granted by the WAPC
  • 12 Dec PAT application lodged with Town 
• 2024
  • 12 Jan Revised amended plans referred to the Town for comment with a 31-day referral timeframe
  • 12 Feb Town referral comments on the amended plans due back to the WAPC 
  • 28 May PAT Application approved by Council