
BRIGADOON residents have raised concerns about development approval for a tiny lot on Boulonnais Drive, citing concerns about bushfire risk and a lack of local planning strategy compliance.
Brigadoon resident Matthew Amino said it came as a surprise one morning when a contractor from Corrib Developments walked down a main driveway to his parent’s residence and informed him the driveway couldn’t be used anymore.
“What he was saying was that our vehicles are now stuck inside our block,” he said.
“This triangle piece of land (Lot 9009, Boulonnais Drive) has, for 30 years, been fenced off and a part of my parents’ property.
“They had even planted many trees on the triangle block.
“The moment we were told we can no longer use the driveway any more, trucks and machinery came in.
“The locals blocked them from entering but the police were called (and) we were told to move on.
“They then smashed down (most) of the trees and vegetation on site.”
Mr Amino said the parcel of land was always understood by his family and by the original developer to be an ‘orphan’ piece of land created when the original road alignment in Brigadoon was altered because the bend in the road was considered too severe.
“At that time, the small residual piece was to be amalgamated into my parents’ property or otherwise absorbed at a later stage of subdivision,” he said.
“It was never presented to us, or to the community, as a developable, stand-alone house lot.
“Despite that understanding, earthmoving machinery recently entered and began clearing the parcel without any neighbour consultation, which is how we became aware that a separate certificate of title has been created for this sliver of land, and the City of Swan has issued approvals for a single house on it.”
Mr Amino said that the current separate title was the result of an administrative error and was in conflict with the city’s own planning laws.
“The land is within special rural zone 3 Brigadoon/Baskerville, precinct 1 under local planning scheme (LPS) 17,” he said.
“The minimum lot size in this precinct is around 4ha.
“Lot 9009 is about 1775sqm.”
City of Swan chief executive officer Stephen Cain said the parcel of land that became Lot 9009 was part of a balance of title lot from the 1980s.
“This balance of title portion predated the current special rural zone provisions and as a parcel of land in this location was already below the 4ha set out in LPS 17 for this precinct of Brigadoon.
“The lot is subject to a planning approval for a single house and has been required to clear some vegetation and to be built to the highest specification of Australian standard as 3959 Construction of buildings in bushfire prone areas.”
Mr Amino said any single house development on the lot would not be appropriate and is calling for the immediate stoppage of works.
“The locals want to know how this has been allowed,” he said.
“PEET never did anything with the lot and did the paperwork for it to be incorporated into my parents’ property as they understood it wasn’t developable.
“For some reason (the incorporation) was never seen to completion by the WA Planning Commission.
“We are unsure how this has been approved under delegated authority by the City of Swan as the triangle was never its own separate title so could never get built on anyway.
“The community want answers as to how and why it’s been approved.”