Claymont Westcapital Pty Ltd and East Perth Redevelopment Authority

In the matter of Claymont Westcapital Pty Ltd, the applicant, and East Perth Redevelopment Authority, the respondent, the matter was heard in the Western Australian Civil and Administrative Tribunal. The applicant sought to amend the development approval granted by the respondent for the construction of a five-storey mixed-use development with an undercroft at Lot 204 Brown Street, East Perth. The applicant sought an extension of six months for the substantial commencement of the development, which was originally stipulated to be completed within two years of the approval date. The application was lodged one month before the expiry of the two-year period, and the building licence was issued one week after the end of the two-year period. The central legal issues before the tribunal were whether the development approval had lapsed, whether the tribunal had the power to extend the time after the end of the two-year period, whether extending the time was consistent with orderly and proper planning, and whether approving the application was futile.

The tribunal held that the development approval had not lapsed as the building licence was issued one week after the end of the two-year period. The tribunal also held that it had the power to extend the time under clause 2.17A(1) of the East Perth Redevelopment Scheme. The tribunal found that extending the time was consistent with orderly and proper planning as the applicant had made significant efforts to commence the development within the original two-year period but was unable to do so due to unforeseen circumstances. The tribunal held that approving the application was not futile as the development could still be completed within the extended period. The tribunal allowed the application for review, set aside the respondent's decision to refuse to approve the application, and amended the development approval by stipulating an additional period of six months for substantial commencement of the development. The development approval shall lapse if the development has not been substantially commenced on or before 27 August 2008.