BOOKARA HOLDINGS PTY LTD and WESTERN AUSTRALIAN PLANNING COMMISSION

In this case, Bookara Holdings Pty Ltd sought to subdivide two lots of land into three lots, which they owned in the Shire of Irwin. The land was zoned General Farming under the Local Planning Scheme. The Western Australian Planning Commission opposed the application. The case was heard in the Land Appeal Tribunal. The Tribunal was required to determine whether the application complied with the policies of the Local Planning Scheme and whether the proposed subdivision would be in the public interest.

The Tribunal examined the relevant policies, specifically DC 3.4 and SPP 2.5, which relate to the subdivision of rural land. The Tribunal considered whether the policies had been properly incorporated into the Local Planning Scheme and whether they applied to the proposed subdivision. The Tribunal also considered whether the proposed subdivision would be in the public interest, taking into account factors such as the impact on the surrounding area and the potential for future development.

The Tribunal found that the policies had been properly incorporated into the Local Planning Scheme and that they applied to the proposed subdivision. The Tribunal also found that the proposed subdivision was not in the public interest, as it would result in the loss of a significant amount of productive farmland and would be contrary to the objectives of the Local Planning Scheme. The Tribunal dismissed the application.

The Tribunal ordered that the application be dismissed and that the costs of the appeal be paid by the applicant. The Tribunal also noted that the decision was not a determination of the suitability of the land for subdivision in general, but rather a decision based on the specific circumstances of the proposed subdivision and the applicable policies.