Following plan lodgement, Deposited Plans and Strata/Survey-Strata Plans are examined in the following priority order:
Any other plan not requiring planning approval, or for which consent to release the plan has been received by Landgate.
Any other plan without release consent.
Should a plan require urgent processing please refer to the “Request to Expedite the Processing of Plans and Documents Policy”, which outlines the process and evidence required to request and expedited procedure.
2. Request to Expedite the Processing of Plans and Documents
Landgate has had a longstanding policy where customers or their representatives could request that a plan and/or document (outside of Landgate’s existing Fast Track process) be expedited provided the request was supported by evidence of:
- a pending settlement (e.g.: a signed offer and acceptance); or
- a written submission clearly identifying the circumstances for the request (e.g.: financial hardship).
A review of the existing policy was undertaken to clarify the circumstances in which consideration will be given to the expedition of the processing of documents and plans as well as the supporting evidence required. The outcome of this review is the “Requests to Expedite the Processing of Plans and Documents Policy”.
This new policy replaces all existing policies and is designed to provide fairness and equity to all parties while enabling decisions relating to the expedition of plans and documents to be made in an accountable and transparent manner. It is also important that all associated decisions are properly documented and regularly examined.
‘Requests to expedite’ must be sent to Landgate by email to email@example.com and must be accompanied with the relevant evidence for requests to be considered and approved.
3. What the New Policy Specifies
The new Request to Expedite the Processing of Plans and Documents Policy specifies the following:
- All requests for priority must be made in writing (including fax and email) addressed to the Registrar of Titles.
- Priority for the processing of documents or plans may be approved by the Registrar or a delegated officer of the Registrar in circumstances where:
(i) the written consent of all parties that have a direct interest in the dealing is obtained, and
(ii) it is demonstrated that:
(a) a party to the dealing will experience financial hardship if the documents or plans are dealt with in Landgate’s standard turnaround times; or
(b) the contract/s specify a definitive date for settlement.
- The evidence provided for expediting a plan will also be sufficient evidence to give priority to the issue of new titles. For all requests to expedite documents or plans the following evidence requirements apply:
(i) a detailed written explanation as to the circumstances of the matter; and
(ii) a signed letter of consent from each party that has a direct interest in the dealing.
The following additional evidence is also required dependent upon the basis for the request:
(i) Financial Hardship:
(a) any evidence that may substantiate a claim of financial hardship including such items as
(b) copies of correspondence from financial institutions (which may take the form of an original, photo or faxed copy of a letter on the financial institutions letter head); and / or
(c) an original statutory declaration from the person making the request (a photo or faxed copy of a statutory declaration will be accepted with the request to expedite the processing of plans and documents, but the original signed declaration must be forwarded to Landgate within 2 working days). Any statutory declaration made must clearly set out the reasons for and the details of the financial hardship.
(ii) Definitive Settlement Date:
A certified copy of the “offer and acceptance” clearly showing the definitive settlement date, this can include a copy of the signed application for the issue of new titles in relation to a plan (the offer and acceptance can be certified by a person eligible to witness a statutory declaration in Western Australia).
4. WAPC Expiry
Surveyors are reminded that the Department of Planning, Lands and Heritage requires the examined plan be forwarded to WAPC prior to the expiry date of the preliminary planning approval. Surveyors can inform Landgate by email firstname.lastname@example.org of the imminent expiry date of the WAPC approval by sending a detailed letter of explanation as to the circumstances together with a copy of the preliminary planning approval showing the date of expiry.
Landgate will consider the explanation and may assist so the plan is examined within the required timeframe. Currently, release consents for all plans submitted via NLR are given by ticking the release consent box, either at lodgement or subsequently by using the NLR ‘Additionals’ function. Surveyors should understand ticking that box means that they have already lodged the clearances with WAPC.