Glenbrook Nominees Pty Ltd and City Of Perth

In the matter of Glenbrook Nominees Pty Ltd and City Of Perth, the court was presented with a dispute regarding the interpretation and application of the City of Perth's Development Control Plan (CPS 2). Glenbrook Nominees Pty Ltd, the applicant, sought retrospective planning approval for the installation of an air conditioning unit on land owned by the City of Perth but physically located on an adjacent property. The City of Perth contested the application, arguing that it did not meet the requirements of CPS 2, including the necessity of the land owner's signature.

The primary legal issues the court had to address were whether the installation of the air conditioning unit constituted "development" under CPS 2, if the application for retrospective planning approval was valid, and whether the signature of the owner of the land on which the air conditioning unit was located was required. The court also had to determine whether the air conditioning unit, although installed on one lot, constituted development on the adjacent lot where it was physically located.

The court found that the installation of the air conditioning unit did constitute "development" under CPS 2, as it involved a physical alteration to the land. However, the court held that the application for retrospective planning approval was not valid because it did not include the necessary signature from the owner of the land where the air conditioning unit was located. The court reasoned that the air conditioning unit, while physically on one lot, constituted development on the adjacent lot, and thus the owner of that lot must sign off on the application. This matter was subsequently listed for further directions.

The court concluded that the questions posed were answered in the affirmative for the first issue and in the negative for the second issue, with the additional requirement that the application must include the signature of the owner of the land where the air conditioning unit was physically located. The matter was set for further directions to be determined at a later date.