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RMD changes in WA

Discussion in 'Development' started by LifesGood, 22nd Oct, 2015.

  1. LifesGood

    LifesGood Home Building & Development Consultant Business Member

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    Hi All,

    Very broad query here...but what do yout know about the RMD?

    Does it or can it replace all current DAPs in new building estates? Does it override the current R-Code provisions?

    Even the planner at WAPC can't seem to give a clear and precise answer when challenged.
     
  2. mrdobalina

    mrdobalina Well-Known Member

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    I recall @Aaron Sice talking about this in one of the Perth development threads.
     
  3. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    My belief is that it can be adopted for new areas instead of raising a DAP. So if your release 8 already has a DAP but release 9 hasn't been done yet then you could seek to use the RMD codes for release 9.

    So it neither replaces current DAPs nor the current R Code provisions. It is allowed to be used in new greenfield developments and slowly councils can introduce it in infill areas as they ammend/modify their own town planning schemes.

    It is designed to stop the proliferation of DAPs for each new area which are often pretty much the same to get better use out of small blocks.
     
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  4. Aaron Sice

    Aaron Sice Well-Known Member

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    Myf - it can replace a DAP. Just because a planning control has been agreed upon at Local level doesn't mean it's allowed to go against the State RMD provisions.

    This is headache of making policy on the fly. No one seems to have read the Local Govt act that states no Local Govt may pass a law that contradicts any other written law.

    Therefore, RMD provisions at STATE level is a written law. Any Local Govt provision (ie an agreed DAP) is worth nothing more than the paper it's written on - unless the LGA and the Applicant agree.

    DAPs are allowed for within SPP but are specifically noted as being at Local Govt approval level - being the decision maker. The grounds for this is Part 2 of the R Codes.

    That said - the RMD provisions are better than anything a DAP could dream up and lobby to be approved within current R Codes allowances.

    I choose RMD hands down every day over the R Codes-plus-DAP scenario.
     
    Last edited: 23rd Oct, 2015
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  5. LifesGood

    LifesGood Home Building & Development Consultant Business Member

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    Hi Aaron thanks for that response! Just wondering though....you say the RMD can replace a DAP...unless the LGA and applicant agree? Would you be able to clarify that point a little more?
     
  6. Aaron Sice

    Aaron Sice Well-Known Member

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    The RMDs clearly state they can be used to replace the R Codes. A DAP is nothing more that a pre-defined variation or control as approved by the decision maker against the R Codes - it's like a pre cooked planning application for the whole or part of a subdivision - simply reheat and serve.
    If you have no beef with the DAP then don't rock the boat and comply and everything is fine. If the RMD provisions give you a better outcome then there is no law of otherwise to say you can't apply RMD instead.
    Now if the council want to take you through SAT to prove the validity of a govt gazette to replace or modify SPP5.1 then the decision is up to you.
     
  7. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    Thanks @Aaron Sice that is interesting to know.

    Btw I love the RMD codes too. They make so much more sense.
     
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  8. LifesGood

    LifesGood Home Building & Development Consultant Business Member

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    Ok so currently I am working with two survey strata lots, 10.7x25m each. Both zoned R40 and in an old area, could I adopt the RMD provisions in this case? City of Armadale....likely to put up a fight?
     
  9. Aaron Sice

    Aaron Sice Well-Known Member

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    No. RMD provisions are only for green fields and brown fields sites. Any kind of infill or leftover lots in existing suburbs are subject to the R Codes and any relevant town planning scheme.
     
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