Clark and Western Australian Planning Commission

The applicants in this case were owners of survey strata lots in a subdivision of land in Baldivis, Western Australia. They applied to the State Administrative Tribunal to seek leave to withdraw their proceedings, which challenged the conditions of subdivision approval. The applicants also sought the Tribunal to hear submissions from other owners of survey strata lots who wished to intervene in the proceedings. The Western Australian Planning Commission opposed the application to withdraw the proceedings and the request for leave to hear submissions from the other owners.

The legal issues before the court were whether the Tribunal should exercise its discretion under section 242 of the Planning and Development Act 2005 (WA) to receive or hear submissions from the other owners of survey strata lots and whether the applicants should be granted leave to withdraw their proceedings. The applicants argued that the other owners of survey strata lots had an interest in the outcome of the proceedings and should be allowed to make submissions. The Western Australian Planning Commission opposed the application, arguing that the other owners were not parties to the proceedings and did not have a sufficient interest in the outcome.

The court found that the other owners of survey strata lots were not parties to the proceedings and did not have a sufficient interest in the outcome to warrant the exercise of the Tribunal's discretion to hear their submissions. The court also found that the applicants had demonstrated sufficient grounds for leave to withdraw their proceedings, and that it was in the interests of justice to grant the leave. The court noted that the parties wished to resolve the proceedings by withdrawing the application and that there was no prejudice to any party in granting the leave.

The court dismissed the application for the Tribunal to hear submissions from the other owners of survey strata lots. It granted leave to the applicants to withdraw their proceedings, and each party was ordered to pay their own costs.