Amherst Developments Pty Ltd and City Of Gosnells

The case between Amherst Developments Pty Ltd and the City of Gosnells was brought before the court to address a dispute concerning a development application. Amherst Developments sought approval for a development project, which was challenged by the City of Gosnells. The primary issue was whether certain provisions in the City of Gosnells Town Planning Scheme No 6 (TPS 6) were inconsistent with the deemed provisions under the Planning and Development (Local Planning Schemes) Regulations 2015 (WA). Specifically, Amherst questioned the consistency of clauses 7.7.2, 7.7.3, and 7.7.4 of TPS 6 with clause 27 of Schedule 2 of the Regulations. The court was tasked with determining whether these clauses rendered the deemed provisions ineffective and assessing the current zoning of the proposed development site.

The court examined the legal framework and the specific clauses at issue. It focused on whether the clauses in question were indeed inconsistent with the deemed provisions. The court found that clauses 7.7.2, 7.7.3, and 7.7.4 of TPS 6 were entirely inconsistent with clause 27 of Schedule 2 of the Regulations. As a result, the court declared these clauses to be of no effect, thereby invalidating them. The court also determined the zoning of the site, concluding that it was currently classified as 'Residential Development' under TPS 6.

In summary, the court resolved the preliminary issues in Amherst Developments' favour. It found that clauses 7.7.2, 7.7.3, and 7.7.4 of TPS 6 were inconsistent with the deemed provisions, rendering them ineffective. The current zoning of the site was confirmed as 'Residential Development'. This decision provides clarity on the application of the planning scheme provisions and the zoning status of the site, facilitating the potential progression of the development application.