Haladhar Holdings Pty Ltd and Shire of Kalamunda

The case between Haladhar Holdings Pty Ltd and the Shire of Kalamunda was heard by the Land and Environment Court of Western Australia. The dispute centred around a development application by Haladhar Holdings to redevelop a Hare Krishna Temple, which was operating from a former Gospel Hall. The proposed redevelopment included a plan to expand the Temple's facilities within the existing footprint, with an adjacent Ashram also forming part of the application. The Shire had initially raised concerns about the adequacy of on-site parking but eventually found the redevelopment generally satisfactory after mediation. However, the Shire's final decision was to refuse the development application due to insufficient on-site parking, leading to the current judicial review.

The court was required to determine whether the Shire's scope of review extended beyond the issue of parking and if the demand for parking during peak operational events influenced the outcome of the review. It was also necessary to assess whether the use of the site was contrary to the orderly and proper planning as expressed in the local planning scheme's parking requirements. Additionally, the court had to consider whether a condition could be imposed to amalgamate the Ashram land with the Temple land and how car parking should be calculated, particularly in relation to the "net lettable area." The court also needed to decide if compliance with the minimum onsite parking requirement warranted in the circumstances and whether a traffic management plan was necessary. Furthermore, the court needed to determine if the "denominational" use should be restricted or if dual simultaneous use of facilities should be prohibited. The court also needed to evaluate whether the conditions imposed were difficult to police.

The court found that the Shire's review did not extend beyond the issue of parking, but the demand for parking during peak operational events did control the outcome of the review. The court held that the use of the site was not contrary to orderly and proper planning as per the local planning scheme's parking requirements. The court also concluded that a condition could be imposed to amalgamate the Ashram land with the Temple land, but compliance with the minimum onsite parking requirement was not warranted in the circumstances. The court determined that a traffic management plan was not necessary, and the "denominational" use should not be restricted, nor should dual simultaneous use of facilities be prohibited. The court found that the conditions were not difficult to police. The court observed that planning decisions must consider religious freedom but also balance the need for orderly and proper planning. Ultimately, the court allowed the review and granted conditional approval to the redevelopment, allowing for the amalgamation of the Ashram land with the Temple land and the imposition of conditions to address the parking issue.