BUNNINGS GROUP LIMITED and PRESIDING MEMBER OF THE METRO NORTH WEST JOINT DEVELOPMENT ASSESSMENT PANEL

Bunnings Group Limited sought to extend an existing warehouse on a site in a bushfire prone area, leading to a dispute with the Presiding Member of the Metro North West Joint Development Assessment Panel. The central issue was whether the Panel's refusal to grant the warehouse extension was unreasonable. This involved a complex examination of planning policies and guidelines, particularly in relation to bushfire prone areas, and whether the Panel's decision adequately considered existing bushfire risks on the site.

The court had to determine whether the Panel's decision to refuse development approval was unreasonable under the statutory framework, considering the specific conditions set out in the planning policies. Key to this was the application of the State Planning Policy 3.7 and the Guidelines for Planning in Bushfire Prone Areas, as well as the Building Code of Australia provisions relevant to bushfire construction. The court examined whether the Panel's decision was so unreasonable that it could not have been made by a reasonable person properly directing their mind to the task.

The court found that the Panel's decision was not unreasonable. The reasoning provided by the Panel demonstrated a proper consideration of the relevant policies and guidelines. The court held that the Panel had appropriately applied the evidence before them, including the existing bushfire risk, and had not acted inflexibly or without regard to the site's history. The conditions imposed were deemed reasonable under the circumstances, and the Panel's decision was upheld as a legitimate exercise of its statutory powers.

The final orders confirmed the Panel's decision, with no development approval granted for the warehouse extension. The court emphasised the importance of considering existing bushfire risks and the need for flexible application of planning policies in bushfire prone areas.