Cornhill and Western Australian Planning Commission

Cornhill applied for approval to subdivide Lot 394 Jarrah Road, Hopelands into two lots, one of 3.2 hectares for light industrial use and the other of 43.0313 hectares for low level grazing. The Western Australian Planning Commission refused the application. Cornhill applied to the Civil Appeal Tribunal to review the Commission's decision. The Tribunal dismissed Cornhill's application and Cornhill then applied to the Supreme Court for judicial review of the Tribunal's decision. The court had to decide whether the Tribunal erred in law in its consideration of the planning framework, whether the Tribunal failed to consider a relevant matter, whether the Tribunal erred in its interpretation of the local planning scheme, and whether the Tribunal erred in its consideration of adverse planning precedent. The court held that the Tribunal had erred in law in its consideration of the planning framework and in its interpretation of the local planning scheme. The court also held that the Tribunal had failed to consider a relevant matter. The court set aside the Tribunal's decision and remitted the matter to the Tribunal for re-determination of the application on the basis of the parties' submissions and without an oral hearing. The court also made orders regarding the filing of draft conditions and submissions by the parties.