Background
The North Stoneville Structure Plan 34 proposed a new townsite within the Perth Hills. The structure plan was refused by the Western Australian Planning Commission (WAPC) on 14 July 2020. For details, view the meeting agenda and minutes.
The proponent, Satterley Property Group Pty Ltd, subsequently applied to the State Administrative Tribunal (SAT) for a review of the refusal. Mediation has occurred at the SAT in accordance with SAT processes. Visit the SAT for more information on the process.
At a directions hearing on 4 November 2022, the SAT made orders for the applicant (Satterley) to provide an amended structure plan and any supporting information to the respondent (WAPC) by 31 January 2023. The SAT also invited the respondent to reconsider its refusal decision before 30 June 2023. A copy of the SAT orders can be downloaded below.
4 November 2022 State Administrative Tribunal Orders - North Stoneville (PDF, 105.74KB)
The Department of Planning, Lands and Heritage, on behalf of the WAPC, received the amended structure plan and supporting information in accordance with the November 2022 SAT orders.
On 20 February 2023, the Applicant provided a replacement Part3B of the amended structure plan. This was incorporated into the amended structure plan documentation for advertising.
On 23 March 2023, the Applicant's consultant team provided an addendum to the amended structure plan.
At a directions hearing on 5 May 2023, the SAT granted an extension to the WAPC's reconsideration timeframe to 13 October 2023. The latest SAT orders can be downloaded below, and should be read in conjunction with the SAT orders dated 4 November 2022 (see above).
The extension of time for the WAPC's reconsideration was granted by the SAT to allow referral agencies sufficient time to undertake detailed assessment of the applicant's traffic and bushfire modelling.
5 May 2023 State Administrative Tribunal Orders – North Stoneville (PDF, 105.62KB)
On 23 August 2023, the SAT granted orders for the matter to be listed for a directions hearing at SAT on 1 September 2023, for the purpose of reprogramming the WAPC’s reconsideration timeframe from 13 October 2023 to a later date.
23 August 2023 State Administrative Tribunal Orders - North Stoneville (PDF 166KB)
On 1 September 2023, the SAT granted orders for the timeframe for the WAPC’s reconsideration to be extended from 13 October 2023 to on or before 11 December 2023. The SAT orders can be downloaded below, and should be read in conjunction with the SAT orders dated 4 November 2022 and 5 May 2023 (see above).
The extension of time for the WAPC's reconsideration was granted by the SAT as the process for referral agency comments has taken longer than expected.
1 September 2023 State Administrative Tribunal Orders - North Stoneville (PDF 126KB)
On 2 February 2024, the SAT granted orders for the matter to be listed for a directions hearing at SAT on 8 March 2024.
2 February 2024 State Administrative Tribunal Orders – North Stoneville (PDF 163.21KB)
Public comment (closed)
The amended structure plan was advertised for public comment for 59 days between 10 March and 8 May 2023.
Interested parties including the community, the Shire of Mundaring, the City of Swan and government agencies such as the Department of Fire and Emergency Services were invited to provide comment on the amended structure plan.
The addendum to the amended structure plan was released for public comment on 29 March 2023, with interested parties notified.
What occurred
- 16 November 2023 – agenda for the SPC and WAPC’s consideration of the amended structure plan published.
- 23 November 2023 – community made deputations on the amended structure plan.
- 30 November 2023 – SPC meeting to make a recommendation to the WAPC.
- 7 December 2023 – WAPC meeting to determine the amended structure plan.
- 2 February 2024 – SAT made orders to adjourn to a directions hearing to 8 March 2024 to allow for the matter to progress towards a final hearing for determination of the amended structure plan by the SAT.
- 8 March 2024 – SAT made orders to progress the matter towards a final hearing.
- 14 June 2024 – the further amended Structure Plan was filed at SAT by the applicant.
- 9 August 2024 – SAT made orders to adjourn the proceedings under the orders made on 8 March 2024 until a further directions hearing on 4 October 2024.
- 4 October 2024 – SAT made orders to continue progressing the matter towards a final hearing by requiring the WAPC to submit its amended SIFC by 25 October 2024. A further directions hearing is listed for 8 November 2024.
- 8 November 2024 – SAT made orders to schedule a final hearing in late 2025. The applicant is required to submit its SIFC by 29 November 2024, with applications to intervene or to make submissions required by 13 December 2024. A further directions hearing is scheduled for 20 December 2024.
Decision
On 30 November 2023, the SPC endorsed the recommendation of the Department of Planning, Lands and Heritage to recommend that the WAPC refuse the Amended North Stoneville Structure Plan No. 34. A copy of the SPC meeting minutes is available here.
On 7 December 2023, the Western Australian Planning Commission refused the Amended North Stoneville Structure Plan in accordance with the recommendation of the Statutory Planning Committee on 30 November 2023.
Current Status
On 8 March 2024, the SAT made orders to progress this matter towards a final hearing.
Order 1 requires the applicant, Satterley Property Group Pty Ltd, to file a further amended Structure Plan and annexures by 14 June 2024. This step responds to an advice note in the WAPC’s notice of decision, that states there are typographical and reference inconsistencies and discrepancies in the structure plan documentation that need to be addressed. The purpose of Order 1 is to allow the applicant to address these errors and to provide clarification about certain issues, to help streamline a final hearing for determination by the SAT. The order does not allow the applicant to substantially change the structure plan proposal.
Following the submission of a further amended Structure Plan, the respondent and applicant will each file a Statement of Issues, Facts and Contentions and a bundle of documents relevant to their case by 12 July 2024 and 9 August 2024 respectively.
Applications to intervene under section 37(3) of the State Administrative Tribunal Act 2004 or to make submissions under s 242 of the Planning Development Act 2005 are to be made to the Tribunal by 23 August 2024.
The matter is then listed for a further Directions Hearing at SAT at 2.00pm on 30 August 2024 so that the Tribunal can continue programming the matter towards a final hearing. This will include listing the matter for a further directions hearing so that the Tribunal can determine any intervention and submission applications that have been made.
8 March 2024 State Administrative Tribunal Orders – North Stoneville (PDF, 184.29KB)
14 June 2024
The further amended Structure Plan was filed at SAT by the applicant on 14 June 2024. The amended Structure Plan and all supporting technical appendices can be accessed via the links listed below.
9 August 2024
At the request of the applicant, the SAT made Orders at a Directions Hearing on Friday 9 March 2024 to adjourn the proceedings until a further Directions Hearing on 4 October 2024.
The applicant sought the adjournment to await the outcome of their application to the Commonwealth for approval under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Pending the outcome of the Commonwealth application, the SAT may make orders to re-commence programming of the matter towards a final hearing, including new dates for when the applicant is to file its Statement of Issues, Facts and Contentions; and new dates for any applications to intervene under section 37(3) of the State Administrative Tribunal Act 2004 or to make submissions under section 242 of the Planning and Development Act 2005.
9 August 2024 State Administrative Tribunal Orders - North Stoneville
4 October 2024
On 4 October 2024, the SAT made orders to resume programming the matter towards a Final Hearing.
By 25 October 2024, the WAPC is required to file an updated Statement of Issues, Facts and Contentions and material relevant to its case, having regard to the applicant’s recent Commonwealth approval under the EPBC Act and the WAPC’s recent bushfire policy framework.
The matter is then referred to a SAT Directions Hearing on 8 November 2024 where scheduling is likely to continue.
4 October 2024 State Administrative Tribunal Orders - North Stoneville
8 November 2024
On 4 November 2024, the SAT scheduled the Final Hearing to begin on 3 November 2025 for a period of 3 weeks.
Other SAT Orders require the applicant to file its responsive State of Issues, Facts and Contentions and relevant material by 29 November 2024.
Following this, the parties are expected to confer to discuss the disputed issues in relation to the WAPC’s new bushfire policy framework and the applicant’s EPBC Act approval.
Applications to intervene or to make submissions are required to be submitted to the SAT by 13 December 2024. The matter is then listed for a Directions Hearing on 20 December 2024 to continue planning into the new year.
8 November 2024 State Administrative Tribunal Orders - North Stoneville
