Commercial Properties Pty Ltd and Western Australian Planning Commission

Commercial Properties Pty Ltd sought to subdivide a parcel of land containing a retirement facility into separate strata lots. The Western Australian Planning Commission (WAPC) refused to consent to the subdivision. The applicant sought review of the WAPC's decision, arguing that the refusal to consent was inconsistent with the local government's approval for one integrated facility and that a survey-strata title would not necessarily lead to vacant lots or endanger the funding and maintenance of communal facilities. The central legal issues before the court were whether the proposed survey-strata subdivision was inconsistent with the local government's approval for one integrated facility and whether the survey-strata might lead to vacant lots and endanger funding and maintenance of communal facilities.

The court found that there was no planning principle offended by the staged development through survey-strata. The land use restrictions and obligations would continue to apply to the strata owners, and any amenity and other concerns could be addressed by the application of proper conditions. The court noted that the WAPC's refusal was motivated by the potential for uncoordinated construction and the impact on the elderly persons residing in the facility, as well as the noise-sensitive premises adjacent to the site. However, the court held that these concerns could be adequately addressed through the imposition of appropriate conditions on the survey-strata title.

The application for review was allowed, and the decision of the WAPC was set aside. The court granted conditional approval for the survey-strata subdivision, subject to the imposition of proper conditions to address the concerns raised by the WAPC. The applicant was required to provide a detailed construction program, ensure coordination between the various strata owners, and address any potential noise or amenity issues arising from the staged development. The court held that the proposed survey-strata subdivision was not inconsistent with the local government's approval for one integrated facility and that the concerns raised by the WAPC could be adequately addressed through the imposition of appropriate conditions.