Corporation of the City of Marion v WC Projects Pty Ltd

The Corporation of the City of Marion appeals against a decision of the Commissioner under the Development Act 1993 (SA) that approved a development application for the construction of eight residential units for student accommodation on a 841 square metre site. The Council argues that the Commissioner erred in his assessment of the proposed development against the specifications in the Development Plan, and in imposing conditions that would restrict the occupation of the premises to students. The appeal raises issues concerning the interpretation and application of the Development Plan, the principles governing the assessment of development applications, and the proper exercise of discretion in granting development consent. The court found that the Commissioner erred in law by not adequately assessing the shortfall in dwelling site area and other specifications in the Development Plan. The court also found that the proposed conditions to restrict occupation to students were improper and did not align with the purpose of the Development Plan. The appeal was allowed, and the development consent was set aside. The court will hear further submissions from the parties on consequential orders.