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Strategy
Greg Rowe and Associates was engaged by a landowner who had been in a prolonged dispute with the Western Australian Planning Commission (WAPC) regarding a Metropolitan Regional Scheme (MRS) Amendment. The dispute, which involved a number of other landowners had commenced some 10 years prior to Greg Rowe and Associates’ engagement, related to the reservation of rural land for regional conservation purposes.
Landowners in the affected area were in disagreement with the WAPC on the area of land to be reserved and the amount of compensation deemed payable.
Greg Rowe and Associates evaluated the situation and took the view that a subdivision application should be prepared and lodged to force the WAPC to make a decision on the extent of the proposed road reservation and finalise the matter of compensation.
Accordingly Greg Rowe and Associates were instructed to prepare and lodge the formal Application for Subdivision Approval with the WAPC and progress this application through the statutory system.
Town Planning
The Subdivision Application was not consistent with the regulatory town planning framework at the time and accordingly, the Application was not supported by either the City of Rockingham or the WAPC.
The WAPC however, failed to make a determination on the Subdivision Application within the specified timeframe and as such, Greg Rowe and Associates lodged an Application for Review (Appeal).
With the assistance of the landowner, local MP’s and Solicitors Phillips Fox, the Application was successfully resolved through mediation and conditional Subdivision Approval granted.
The success of this Application led to a number of other landowners in the affected area to successfully progress similar Applications without having to progress lengthy Scheme Amendments/rezoning requests.
Project Management
Greg Rowe and Associates also undertook a project management role following the issue of Subdivision Approval, to facilitate the successful creation of new titles.
