BRADSHAW and CITY OF JOONDALUP

Bradshaw brought an application for judicial review of a decision by the City of Joondalup to refuse consent to a development application for a proposed residential development. The development was to be constructed on land in the City of Joondalup. The dispute centred on the calculation of the plot ratio for the proposed development, specifically whether an access leg was included in the calculation of the plot ratio. The court had to determine the correct definition of 'plot ratio' and 'development site' under the Residential Design Codes (R Codes) and the Planning and Development (Local Planning Schemes) Regulations 2015 (WA).

The court examined the definitions of 'plot ratio' and 'development site' under the R Codes and the Regulations. It noted the inconsistency between the definitions in the R Codes and the Regulations and the potential for confusion. The court held that the R Codes were a specific planning instrument regulating residential development and that the definitions in the R Codes applied to the proposed development. The court also held that the more specific definition of 'plot ratio' and 'development site' in the R Codes applied over the more general definition in the Regulations.

The court found that the City of Joondalup had erred in law by using the wrong definition of 'plot ratio' and 'development site' in its decision to refuse consent to the development application. The court quashed the decision of the City of Joondalup and remitted the matter to the City for reconsideration in accordance with the correct definition of 'plot ratio' and 'development site'. The court did not make any orders for costs.