Smith Beach Case Documents

Documents that show the Smiths Beach Investigation was neither honest or impartial.

Document 1

Desert Rat: This is an unsigned electronic copy of the original Shire resolution of which the Shire staff could not find and provide a copy of the original signed version.

TOWN PLANNINING AND DEVELOPMENT ACT 1928

SHIRE OF BUSSELTON

DISTRICT TOWN PLANNING SCHEME No 20 - AMENDMENT No 92

RESOLVED that the Shire of Busselton, in pursuance of section 7 of the Town Planning and Development Act 1928, amend the above Town Planning Scheme by:

1. Amending schedule 4 of the Scheme in respect to 'Additional Use No 36' to properly identify use classes and their permissibility and include a new condition limiting residential development to a maximum R-Code of R25 in accordance with PS 1.3 of Statement of Planning Policy No. 6.1 - Leeuwin-Naturaliste Ridge Policy.

2. Amending clause 25 of the Scheme to insert new sub-clause (3)(j) and new sub-clause (14) that provide that where land is identified as-

• 'Development Investigation' area pursuant to the Scheme; and
  
• 'Development Investigation Area' pursuant to the Land Use Strategy Plan (Figure 5) of Statement of Planning Policy No. 6.1 - Leeuwin-Naturaliste Ridge Policy,
  

the provisions under new schedule 13 will apply

3. Amending the Scheme to insert new Schedule 13 that contains provisions for land identified as-

• 'Development Investigation' area pursuant to the Scheme; and
  
• 'Development Investigation Area' pursuant to the Land Use Strategy Plan (Figure 5) of Statement of Planning Policy No. 6.1 - Leeuwin-Naturaliste Ridge Policy.

Dated this fourteenth day of December 2005.

Unsigned

CHIEF EXECUTIVE OFFICER

Document 2.

Desert Rat. This is a copy of the heavily modified final version sent for approval to the Western Auastralian Planning Commission (WAPC). This modified resolution was never advertised as required by law. The version was never sent back to Council for approval as required by the Council Resolution (See Point 4).

The WAPC and the Minister for Planning would have thought this amended version had been through the proper Council process - which it had not. It selectively and severely impacted on David McKenzies development. The Smiths Beach Resort next door was not subject to the same constraints which the Desert Rat will show in the next article to be posted.

Couldn't the CCC smell the odouriferous stench of misconduct, perhaps corruption or did the ignore it because it gave great legitimacy to what Burke and Grill were employed to get to the bottom of and sort out just what was going on in the Busselton Shire Council?

TOWN PLANNINING AND DEVELOPMENT ACT 1928

SHIRE OF BUSSELTON

DISTRICT TOWN PLANNING SCHEME No 20 - AMENDMENT No 92

RESOLVED that the Shire of Busselton, in pursuance of section 7 of the Town Planning and Development Act 1928, amend the above Town Planning Scheme by:

1. Amending schedule 4 of the Scheme in respect to 'Additional Use No 36' to properly identify use classes and their permissibility and include a new condition limiting residential development to a maximum R-Code of R25 in accordance with PS 1.3 of Statement of Planning Policy No. 6.1 - Leeuwin-Naturaliste Ridge Policy.

2. Amending clause 25 of the Scheme to insert new sub-clause (3)(j) and new sub-clause (14) that apply provisions under new Schedule 13 that contains specific provisions for Sussex Location 413 Smiths Beach Road, Yallingup.

3. Amending the Scheme to insert new Schedule 13 that contains specific provisions for Sussex Location 413 Smiths Beach Road, Yallingup.

Dated this fourteenth day of December 2005.

Signed

Andrew Macnish
CHIEF EXECUTIVE OFFICER



Document 3
Busselton SC Minutes - 14 December 2005 - Point 4

Desert Rat. The modification is clearly contrary to the resolution of the BSC. It was fundamental and significant and never went back to Council. Additionally, Council does not legally have the power to delegate this responsibility to staff.

4. Where notification is received from the Department for Planning and
Infrastructure that a modification of the Amendment is required prior to
approval of the Amendment this modification be undertaken in
accordance with the requirement of the Town Planning Regulations
1967 unless it is considered by the Chief Executive Officer (or his
nominated representative) that the modification affects the intent of
the Amendment whereby it shall be referred to Council for
consideration.