COLEMAN and THE OWNERS OF PEACE STREET COMMUNITY (SURVEY-STRATA SCHEME 65005)

Coleman and the Owners of Peace Street Community (Survey-Strata Scheme 65005) was a case heard by the State Administrative Tribunal of Western Australia. The dispute involved an application by Coleman to develop and change the use of common property, specifically an exclusive use area, under the Strata Titles Act 1985 (WA). The Strata company and other lot owners opposed the application. The central legal issues were whether the Strata company was required to consent to the development application as per the deemed provisions in the local planning schemes, and whether the Tribunal had the authority to mandate such consent. Additionally, the court needed to interpret the exclusive use by-law to determine if it could be exercised independently from the ownership of the lot, and if it exempted the area from planning or other legislation.

The court held that by-law 55, which grants the owner of Lot 8 the right to develop and use the exclusive use area, does not create a 'de facto' lot but rather imposes specific obligations on the owner. The court rejected arguments that a broad interpretation of the by-law would exempt the area from planning legislation, emphasizing that the applicant required approval under planning laws. The court also found that the Strata company could be mandated to give the required consent, despite objections from other lot owners. The court concluded that the exclusive use by-law was consistent with other by-laws and that no other by-laws had been identified as being inconsistent with the proposed development.

The court found in favour of Coleman, determining that the Strata company was required to give the necessary consent for the development application, and that the Tribunal had the power to mandate such consent under s 83(1) of the Strata Titles Act 1985 (WA). The court's interpretation of the exclusive use by-law supported the applicant's right to develop the area as intended.