CHRISTIE and TOWN OF EAST FREMANTLE

The case between Christie and the Town of East Fremantle involved a dispute over the approval of a development application by Christie. The primary issues revolved around the compliance of the proposed boundary fence with local planning regulations, specifically regarding height restrictions and setback requirements. The Town of East Fremantle raised concerns about the proposed fence's placement, particularly whether certain piers within the front setback complied with height requirements and whether these piers constituted an encroachment. Additionally, there was a contention over whether the height of the piers should be measured from the ground level or another reference point, and whether the proposed piers obstructed views of neighbouring properties.

The court was tasked with determining whether any of the fence piers, including the capping, complied with the height restrictions set forth by the local planning regulations. It also needed to consider whether non-complying piers could be allowed at a varied height and whether any encroachments across the boundary, particularly the capping of the fence piers, should be permitted. The court examined the planning regulations, the proposed development plans, and the potential impacts on neighbouring properties to make its decision.

In its ruling, the court found that certain piers did not comply with the specified height restrictions and that the proposed height measurements were not consistent with the regulations. The court considered the potential impact on neighbouring properties, including the loss of views, and weighed this against the proposed development. Ultimately, the court determined that the proposed boundary fence did not comply with the relevant planning regulations and that the proposed modifications to the height of the piers were insufficient to address the concerns raised by the Town of East Fremantle. As a result, the court denied the development application.

The final orders of the court mandated that Christie must remove the non-compliant fence piers and ensure that any future development proposals adhere to the local planning regulations, including the correct measurement of height and compliance with setback requirements. Christie was required to submit a revised development application that fully complied with the relevant planning laws before any further construction could proceed.