CASTELLA PTY LTD AND QUEBEC NOMINEES PTY LTD and CITY OF CANNING

In the matter of Castella Pty Ltd and Quebec Nominees Pty Ltd, both applicants, versus the City of Canning, the respondent, the dispute centred around the approval of a two-storey office development. The applicants sought to develop a site in the Canning Regional Centre, but the City of Canning refused their development application. The case was heard by the Planning and Environment Court of Western Australia. The applicants challenged the refusal, arguing that the decision was not in accordance with the statutory planning framework, which included Directions 2031 and Beyond, Metropolitan Planning Beyond the Horizon, and State Planning Policy 4.2, among others.

The legal issues before the court involved whether the City of Canning's Town Planning Scheme No 40 and the Canning Regional Centre Planning Policies appropriately reflected the principles of orderly and proper planning. Additionally, the court needed to determine if the proposal should be set back further to allow for future development options. The applicants argued that the setback requirements were arbitrary and did not align with the strategic planning framework, while the City of Canning maintained that the decision was consistent with the planning policies and aimed to preserve future development potential.

The court examined the statutory planning framework and the evidence presented by both parties. It concluded that the City of Canning's decision was in accordance with the principles of orderly and proper planning. The court found that the setback requirements were justified and necessary to accommodate future development options and maintain the integrity of the planning framework. The court also considered the long-term vision for the Canning Regional Centre, as outlined in the strategic planning documents, and determined that the City of Canning's decision was consistent with those goals.

As a result, the court dismissed the applicants' appeal and upheld the City of Canning's refusal of the development application. The court's decision was based on the evidence and the statutory planning framework, which supported the City of Canning's position that the setback requirements were necessary to ensure orderly and proper planning in the Canning Regional Centre.