APP CORPORATION PTY LTD and CITY OF PERTH

In the case of APP Corporation Pty Ltd v City of Perth, the dispute centred around the City of Perth's refusal to grant a development approval for the installation and operation of three vertical axis wind turbines on the roof of a commercial building in the inner city area. The decision was made under the City of Perth City Planning Scheme No 2 and the Metropolitan Region Scheme. The applicant, APP Corporation, sought judicial review of the City of Perth's decision to deny the development application on the basis that it would cause visual distraction and interruption of view for the adjoining residential building, as well as potentially breaching the Environmental Protection (Noise) Regulations 1997 (WA). The applicant argued that the development was in line with the principles of orderly and proper planning, ecologically sustainable development, energy efficient building design, and alternative energy generation through renewable sources.

The legal issues before the court were whether the City of Perth's decision to refuse development approval was lawful, and whether the compliance with the Environmental Protection (Noise) Regulations 1997 (WA) was adequate. The court examined the relevant planning schemes and regulations, as well as the evidence provided by both parties regarding the potential impact of the proposed wind turbines on the adjoining residential building, visual amenity, acoustic amenity, and the principles of sustainable development. The court also considered the potential benefits of the proposed development in terms of renewable energy generation and energy efficient building design.

The court found that the City of Perth's decision to refuse development approval was not based on a proper consideration of all relevant factors and did not adequately address the potential benefits of the proposed development. The court held that the compliance with the Environmental Protection (Noise) Regulations 1997 (WA) was adequate and that the proposed development was in line with the principles of orderly and proper planning, ecologically sustainable development, and alternative energy generation through renewable sources. The court set aside the decision of the City of Perth and substituted a decision granting development approval subject to certain conditions, including the requirement for the applicant to prepare and implement a noise management plan to ensure compliance with the Environmental Protection (Noise) Regulations 1997 (WA).