Crystal Lakes Pty Ltd and City Of Subiaco

Crystal Lakes Pty Ltd, as the applicant, sought approval for various alterations and additions to two properties located in Subiaco, a suburb of Perth, Western Australia. The City of Subiaco, as the respondent, opposed the application, leading to a review by the Planning and Environment Court of Western Australia. The primary dispute centred around the compliance of the proposed development with the Subiaco Local Planning Scheme No 15, specifically regarding the height of external walls and the calculation method for wall height in relation to the Residential Design Codes.

The court was required to decide whether the height of the external walls of the proposed two-storey extension at 105 Heytesbury Road exceeded the allowable height as per the planning scheme and the Residential Design Codes. A significant issue was the interpretation of the term "wall height," which was defined differently in the planning scheme and the codes. The applicant argued that the wall height should be measured from the natural ground level at the boundary, while the council contended that the height should be calculated from the natural ground level at the wall.

The court held that the planning scheme incorporated the definitions from the Residential Design Codes, and any qualification to these definitions must be explicitly stated in the planning scheme. The court found that the planning scheme did not qualify the definition of "wall height," which remained as the measurement from the natural ground level at the wall. The applicant's proposed height, calculated from the natural ground level at the boundary, exceeded the allowable height under the planning scheme. Consequently, the court determined that the application did not comply with the planning scheme and should be refused. However, the court acknowledged the applicant's efforts to mitigate the impact of the proposed development and granted approval subject to specific conditions. The court also allowed the return of the model of the proposed development as per the applicant's request.