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Well she won the appeal. Condition for pos removed. Well done to Joel at land division for making it happen.

She's decided to appeal. Will let you know the outcome.

This link indicates they can impose the condition... http://www.planning.wa.gov.au/dop_pub_pdf/dc_2.3.pdf "similar proposals containing five lots or less would be likely to eventuate in the locality."

Email from my sister... I spoke to City of Gosnells yesterday. And they said they were imposing this condition because in Thornlie they're concerned as there are not many lots that would be 5 or more, but many that are 3. And it means there will be higher density living but no extra public...

Block is R30

Also found this: http://www.planning.wa.gov.au/dop_pub_pdf/dc_2.3.pdf 3.1.5...doesn't' usually require a contribution for five lots or less where.. ...the proposal is within a locality where the Commission, on the advice of the local government, following an assessment of the locality...

I think it was just under the R-code sizes, but within tolerances. My understanding is that all survey strata subdivisions go to the WAPC...which is why I thought built strata is usually a lot quicker.

Oh, and I think her planner mentioned she could wait for new R-codes, which would change things (not sure how)...but then whole application would need to be resubmitted (and fees are going up).

This explains the cash in lieu component (a bit old, but seems to reflect what her planner is telling her): http://www.planning.wa.gov.au/dop_pub_pdf/pb21apr1997.pdf

My sister has received back conditions from the WAPC/City of Gosnells for her three unit survey strata subdivision in Thornlie (just shy of 1000m2). The proposal is to retain the front old house and create two blocks behind. All the conditions seem pretty standard, except this (WAPC...