BPA Complaint to Ombudsman – posted 30 August 2008 The Brigadoon Progress Association has lodged a complaint with the State Ombudsman. The submission outlines disregard by the City of Swan for decision making processes pursuant to the WA Local Government Act for failure to follow through on decisions made by council, the bilateral agreement with the Commonwealth under the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act), State Planning and Development Act 2005 (WA) (PD Act), and local government planning policies, which is to the detriment of public interest and public funds. The Brigadoon Progress Association has requested the Ombudsman investigate the failure of the City of Swan and Council, under theTown Planning Scheme, to address in the first instance, and or request proponents to refer the matters of environmental significance, prior to Council’s approval on 6 February 2008. On 28 November 2007, the council decision to defer approval was as a result of environmental issues, in particular the State and Commonwealth listed endangered Black Cockatoo, and protection of waterways and vegetation, raised through public comments, deputation and concerns by local political members. The City Of Swan in January 2008, stated in correspondence to the Brigadoon Progress Association that the ‘Issues raised by deputation on 28 November 2007 were responded to by the applicant’s environmental consultant, Council will only consider planning issues and environmental issues should be raised with Department of Environment and Conservation’. The City Of Swan did not in the first instance refer the issues raised to DEC, and in the second instance DEC were not in a position to act on environmental issues as Peet Limited had not completed a Level 1 assessment at this stage. The BPA raised the same environmental issues with the Commonwealth Compliance Unit in November 2007, which resulted in the referral of a submission by Peet Limited several months on. As a result of public comment in response to the Peet Limited environmental report submitted to the Commonwealth, the Commonwealth in July 2008 deemed the Peet Limited proposal a 'controlled action', and as such no further action can be taken by Peet Limited until the Commonwealth has completed its full assessment. The Brigadoon Progress Association consider that the City of Swan, by not adhering to legislative requirements, have, in the case of the Peet Limited Subdivision, made an incorrect decision, which has now had a domino affect on the WA approval process. The Brigadoon Progress Association have further requested that the Ombudsman consider the failure on the part of the City of Swan and WA Planning Commission to protect conditions of the Brigadoon Estate by failing to secure public amenities.