Dumbleton & Anor and Town of Bassendean

The applicants, Dumbleton and another, sought approval for a development application in the Town of Bassendean, which included the construction of grouped dwellings. The Town of Bassendean opposed the application on the grounds that the proposed development did not align with the local planning strategy, which aimed to downzone the site from a density coding of "R25" to "R10". The applicants argued that the development complied with the Residential Design Codes and should be approved. The court was required to determine whether there was discretion under the Town Planning Scheme to refuse the development application, despite its compliance with the codes. The court also had to assess whether the planning proposal to downzone the site was seriously entertained, and if so, how much weight should be given to it. Additionally, the court examined whether the proposed density, which adhered to the current density coding, was inconsistent with the low-density amenity and character of the locality, and whether the existing streets and intersections could accommodate the proposed development. Finally, the court considered the impact on internal circulation and the removal of trees.

The court found that the Town Planning Scheme did not provide the Town of Bassendean with discretion to refuse the development application if it conformed to the Residential Design Codes. The court held that the planning proposal to downzone the site was seriously entertained and should be given considerable weight. The court concluded that the proposed density was inconsistent with the low-density amenity and character of the locality, and that the existing streets and intersections did not have sufficient capacity to cater for the proposed development. The court also found that the removal of trees would have a negative impact on internal circulation. Consequently, the court dismissed the development application.

The court ordered that the development application be refused, and the applicants were to bear the costs of the proceeding. The court emphasised the importance of adhering to the local planning strategy and ensuring that developments align with the character and amenity of the locality. The court also highlighted the need for adequate infrastructure to support proposed developments and the importance of preserving the natural environment in planning decisions.