COVENTRY SQUARE WA PTY LTD and CITY OF BAYSWATER

Coventry Square WA Pty Ltd sought approval from the City of Bayswater for a Colorbond sheetmetal boundary fence that would rise to 2.1 metres along the site's boundary frontage to Lennon Street and a public accessway. The site, containing a 2,600m2 former industrial building developed into markets and restaurants, is located within the Morley City Centre. The City of Bayswater rejected the application for retrospective planning approval, citing concerns about the fence's impact on the streetscape and local amenity. The applicant appealed to the Land and Environment Court of Western Australia.

The primary legal issues before the court were whether the proposed fence aligned with the objectives of the Morley City Centre Outline Development Plan, and whether the applicant's previous undertakings should influence the decision. The court considered the fence's potential to obstruct views, its contrast with previously approved conditions, and its effect on the site's overall character and local amenity.

In its decision, the court emphasised the importance of achieving the amenity objectives set out in the planning instruments. The court found that the proposed fence did not align with these objectives due to its height and material, which were not in keeping with the approved conditions. Furthermore, the court held that the fence would negatively impact the streetscape and local amenity, including obstructing views and altering the character of the area. Given these considerations, the court upheld the City of Bayswater's decision to refuse the application for retrospective planning approval.

As a result, the applicant's appeal was dismissed, and the decision of the City of Bayswater to refuse the retrospective planning approval for the proposed Colorbond fence was upheld. The court's decision underscored the importance of maintaining the intended character and amenity of the Morley City Centre, ensuring that developments are consistent with the relevant planning instruments.