Bojanich and Western Australian Planning Commission

In the case of Bojanich and Western Australian Planning Commission, the applicant sought approval for a subdivision of a rural residential area into 16 lots, ranging from 2.0 to 4.2 hectares. The land, located in a general farming zone, was intended to accommodate agricultural, horticultural, and equestrian activities, while also preserving the rural character and amenity. The primary dispute centred on whether the subdivision would be consistent with the strategic and statutory planning framework, given the restricted water allocation of only 10% of the area. The court had to determine if the proposed subdivision would cause detrimental effects on the groundwater resource and whether it was consistent with the planning objectives.

The court examined whether the draft land use and water management strategy, which identified the site as suitable for rural living, could be given sufficient weight to allow approval of the subdivision. The strategy proposed special rural lots of 1.0 and 4.0 hectares, and while it was a seriously entertained planning proposal, it had not yet been presented to the Commission. The court also considered the position of the Commission and approval and endorsement authorities, as well as the fact that part of the land was within a groundwater Priority 2 protection area.

After considering the evidence and arguments presented, the court concluded that the subdivision was materially inconsistent with the current strategic and statutory planning framework. The restricted water allocation and potential detrimental effects on the groundwater resource made it contrary to the orderly and proper planning of the area. As a result, the draft strategy could not be given sufficient weight to allow approval. The court dismissed the application for review and affirmed the decision of the respondent to refuse subdivision approval.