City of Swan planning laws and Shalom House

Mayor’s message

In June 2017, City of Swan Mayor Mick Wainwright addressed issues surrounding the Shalom House development application and the Council’s role in the process.

 

More information

City’s planning laws explained and how they apply to Shalom House

 

Overview

All houses, businesses and facilities require planning approval from their Local Government to be built, or operate.

This approval is usually obtained before a house or structure is built or a business/facility starts to operate.

However, Shalom House began operating without the required planning approval and as a result was required to submit a retrospective planning application.

As with all other properties in the Swan Valley, Shalom House was assessed against the City’s Local Planning Scheme No. 17 and the Swan Valley Planning Act area to make sure it met all of the relevant criteria.

The City’s assessment found that Shalom House did not meet one of the criteria set out in the Swan Valley Planning Act; its building classification.

The City found that Shalom House had the wrong classification to be to be operating (as it stands) in the Swan Valley area, and would need to seek an amendment to the City’s Local Planning Scheme to allow it to be approved.

Shalom House appealed this decision in the State Administrative Tribunal (SAT) and sought to have the building reclassified.

SAT found that Shalom House did not fit the classification the City or Shalom House was seeking.

Instead SAT asked the City to consider re-classifying the property to another classification altogether.

However, the City did not agree with SAT’s decision. The City believed the classification SAT suggested was ambiguous and could jeopardise the City’s Local Planning Scheme.

The City is now appealing SATs decision in the Supreme Court. 

Why did the City believe an appeal was necessary?

The City has a responsibility to protect and plan for all of the Swan Valley.

That is why the City’s Local Planning Scheme No. 17 (the scheme) and Swan Valley Act area are in place. They are tools to make sure that the land in the Swan Valley is appropriately used.

The City can’t ignore the rules for one property, at the expense of the many businesses, families and farms that make up the Swan Valley. 

Regardless of the outcome, the City will continue to work with Shalom House to reach an outcome that is good for the community and everyone in the City of Swan.

Find out more by reading the Shalom House Q&As.