Claddagh Holdings WA Pty Ltd and City of Gosnells

Claddagh Holdings WA Pty Ltd sought review of a decision by the State Administrative Tribunal of Western Australia that had dismissed its application to set aside a condition imposed by the City of Gosnells on a strata subdivision. The condition required the ceding of 10% of the land free of charge for public open space or the payment of a cash in lieu. The City of Gosnells had acted as a delegate of the Western Australian Planning Commission in imposing the condition on the strata subdivision. The City of Gosnells had notified Claddagh Holdings WA Pty Ltd of the public open space requirements on an outline development plan. The developer argued that the condition was unexpected and imposed a significant financial burden, and that the Western Australian Planning Commission policy required public open space arrangements to be attended to earlier in the development process.

The Tribunal held that the Western Australian Planning Commission did not lose its power to impose certain conditions where an application had been 'otherwise agreed'. The Tribunal held that the condition reflected longstanding practice and subdivision standards in the State, and that the planning policy framework justified the condition. The Tribunal held that the condition was reasonably and fairly related to the strata subdivision, and that the nexus was not severed by the collection of cash in lieu at this final stage of development. The Tribunal also held that administrative consistency and the link with the statutory basis for the cash in lieu alternative justified the form of the condition.

The Tribunal dismissed the application for review and affirmed the condition imposed on the strata subdivision. The Tribunal held that the condition was in accordance with the Strata Titles Act 1985 (WA), and that the developer had sufficient notice of the public open space requirements. The Tribunal held that the condition was a valid exercise of the City of Gosnells' power as a delegate of the Western Australian Planning Commission.