11 October 2006

Text may be used as quotations attributed to Mr Jeremy Dawkins, Chairman, WAPC

The Planning and Development Act 2005, which came into force on 9 April 2006, consolidated the previous planning Acts and maintained most of the earlier planning processes.

Specifically, section 140 of the new Act reflects the arrangements under section 20B of the now-repealed Town Planning and Development Act, enabling land to be sold prior to subdivision provided the approval of the WAPC is subsequently obtained.

The Planning and Development Act 2005 also confirms that these provisions governing the saving of certain agreements entered into without the approval of the WAPC extend to leases and licenses. 

A question has arisen with respect to whether agreements for the sale of unsubdivided land, as opposed to the subdivision itself, require the approval of the WAPC.  Provided section 140 requirements are met, the agreements themselves do not require the approval of the WAPC.

In short, the existing arrangements for the pre-sale of lots continue.  It follows that Clause 13 of the Joint Form of General Conditions for the Sale of Land (2002 Revision) complies with the requirements of section 140.

These matters will be included in a forthcoming planning bulletin on frequently asked questions on the Planning and Development Act 2005.