COASTAL MIDWEST TRANSPORT and CITY OF CANNING

In the case of Coastal Midwest Transport and City of Canning, the dispute centred around the suitability of a particular site for use as a transport depot, specifically whether it could accommodate large Restricted Access Vehicles. Coastal Midwest Transport sought to extend the width of a crossover at their site for this purpose, but the City of Canning, as the planning authority, raised objections due to concerns about the impact on the surrounding residential area. The case was heard in the Supreme Court of Western Australia.

The primary legal issue was whether the proposed use of the site for large Restricted Access Vehicles was consistent with the industrial zoning of the area and whether it complied with planning regulations. The court had to consider the proximity of the residential properties and the potential impact of the use of the site by large vehicles on those properties. Additionally, the court examined the separate decision by Main Roads Western Australia regarding the use of the road by Restricted Access Vehicles and its relevance to the planning decision.

The court found that the proposed use of the site for large Restricted Access Vehicles was consistent with the industrial zoning and did not constitute a change of use that required additional planning approval. The court emphasised that the planning authority's decision should be based on the compatibility of the proposed use with the surrounding area and not solely on the absolute size of the vehicles. The court also noted that the decision by Main Roads Western Australia was a separate matter and did not preclude the approval of the site's use by the City of Canning. The court concluded that the proposed use of the site was appropriate and did not significantly impact the nearby residential properties.

As a result, the Supreme Court of Western Australia dismissed the City of Canning's appeal, affirming the planning authority's decision to allow Coastal Midwest Transport to extend the width of the crossover for the use of large Restricted Access Vehicles. The court's decision highlights the importance of considering the broader context of land use and the need for planning decisions to be based on the compatibility of proposed activities with the surrounding environment.