Adbooth Pty Ltd and City of Perth

The dispute between Adbooth Pty Ltd and the City of Perth arose over a development application submitted by Adbooth to install advertising on public telephone booths and pedestals at 30 sites in Perth, East Perth, and Northbridge. The City of Perth refused to approve the application, leading to Adbooth seeking judicial review in the State Administrative Tribunal of Western Australia. The central legal issues the tribunal had to decide included whether the proposed general commercial advertising would be acceptable from an amenity perspective, whether the amenity impact of such advertising was neutral compared to standard telephone services advertising, and whether the proposed development was acceptable given the commercial character of the city.

The tribunal considered the arguments presented by both parties, including the City's contention that the general commercial advertising would diminish the amenity of the area, and Adbooth's argument that the advertising would enhance or at least not diminish the area's amenity. The tribunal examined the relevant town planning policies and development standards, particularly focusing on the amenity impact of the proposed advertising. It also evaluated whether the proposed development should be assessed differently because of its commercial nature and whether there was a significant difference between general commercial advertising and advertising associated with on-site businesses. The tribunal concluded that the proposed development would not significantly impact the amenity of the area, given the commercial character of the city and the nature of the proposed advertising.

Ultimately, the tribunal ruled that the proposed development was acceptable and dismissed the application for review. The tribunal granted Adbooth leave to withdraw proceedings in relation to specific sites, effectively withdrawing the proceedings for those sites. This decision highlights the importance of considering the local context and character when assessing the amenity impact of proposed developments in urban commercial areas.