D'ORAZIO ENTERPRISES PTY LTD and CITY OF STIRLING

In the matter of D'Orazio Enterprises Pty Ltd and City of Stirling, the court was tasked with reviewing a decision made by the City of Stirling regarding a development application for a reconfigured butcher's shop. The key issue was whether the new vehicle access proposals were appropriately supported and whether the expert evidence provided by Main Roads (WA) was unduly influenced by their policies and preferences for State transport. The case involved an examination of planning and traffic evidence, the impact of noise, and the necessity for Local Governments to call expert evidence on contentious issues.

The legal issues before the court included the validity of the evidence presented by Main Roads (WA) and the appropriateness of the City of Stirling's expert evidence on noise impact. The court was required to determine whether the Tribunal's acceptance of Main Roads' evidence was sound, and if the evidence collectively indicated that conditional approval for the proposed development was warranted. Additionally, the court needed to assess the significance of the City of Stirling raising the noise impact issue without providing expert evidence in rebuttal and to consider the Tribunal's observations on the necessity for Local Governments to call expert evidence.

The court found that the Tribunal had correctly accepted the evidence presented by Main Roads (WA) as sound, despite concerns about potential bias. The court also noted that the planning and traffic evidence supported conditional approval for the proposed development. The court observed that while the City of Stirling raised noise impact as an issue, they did not provide expert evidence in rebuttal, and the Tribunal made pertinent observations on the importance of Local Governments calling expert evidence on contentious issues. The Tribunal's assessment of the 'net benefit' of the proposals was deemed appropriate, and the court agreed with the Tribunal's rejection of a 'clean slate' approach to assessing the proposals. The Tribunal invited the City of Stirling to reconsider its position, and the court observed on the purpose of the Tribunal, stating its provisional views.

The final orders of the court were that the application for review was upheld, and conditional approval was given for the proposed development of the reconfigured butcher's shop.