HANHAM and WESTERN AUSTRALIAN PLANNING COMMISSION

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HANHAM and WESTERN AUSTRALIAN PLANNING COMMISSION [2016] WASAT 28



STATE ADMINISTRATIVE TRIBUNALCitation No:[2016] WASAT 28
PLANNING AND DEVELOPMENT ACT 2005 (WA)
Case No:DR:380/201419 NOVEMBER 2015
Coram:MR M SPILLANE (SENIOR MEMBER)
MR D MACLEAN (MEMBER)
24/03/16
40Judgment Part:1 of 1
Result: Respondent's decision refusing subdivision application is affirmed
Application for review is dismissed
B
PDF Version
Parties:ALISON MARY HANHAM
WESTERN AUSTRALIAN PLANNING COMMISSION

Catchwords:

Town planning ­ Subdivision ­ Road width ­ Outline development plan ­ Generally in accordance with ­ Due regard ­ Orderly and proper planning

Legislation:

Planning and Development (Local Planning Schemes) Regulations 2015 (WA), cl 27(1) Sch 2 Pt 4
Planning and Development Act 2005 (WA), s 159, s 159(1)(c), s 241
Shire of Kalamunda Local Planning Scheme No 3, cl 3.2, cl 4.2.1, cl 6.2.2, cl 6.2.2.2, cl 6.2.9, Sch 11
State Administrative Tribunal Act 2004 (WA), s 31

Case References:

Atlas Point Pty Ltd and Western Australian Planning Commission [2013] WASAT 33
Macri and Western Australian Planning Commission [2013] WASAT 157
Macri v Western Australian Planning Commission [2014] WASC 153
Mainstay Group Pty Ltd v Moreland City Council [2005] VCAT 2189
Marshall v Metropolitan Redevelopment Authority [2015] WASC 226
Minister for Aboriginal Affairs v Peko­Wallsend Ltd [1986] HCA 40; (1985) 162 CLR 24
Sunbay Developments Pty Ltd and Shire of Kalamunda [2006] WASAT 74
Western Australian Planning Commission and CPP Pty Ltd [2006] WASAT 379
Zampatti v Western Australian Planning Commission [2010] WASCA 149


Orders

1. The respondent's decision dated 30 June 2015 refusing the subdivision application is affirmed.,2. The application to review the respondent's decision is dismissed.

Summary

Ms Alison Hanham sought approval from the Western Australian Planning Commission for a plan of subdivision at No 40 Hardey East Road, Wattle Grove.  The subdivision proposed 26 lots of 350m² to 354m² for residential purposes.,The proposed subdivision included four new roads, three of which were supported by the respondent.,The fourth road was proposed as 12 metres wide along the north­western boundary.,The sole issue for resolution in the review was whether the proposed subdivision should be approved having regard to the width of the proposed 12 metre road on the north­western boundary of the proposed subdivision. ,The Wattle Grove Urban Cell 9 Outline Development Plan depicted a 15 metre wide road being contained within the applicant's lot.  The applicant proposed that 3 metres of the 15 metre wide road was capable of being provided when the adjoining landowner subdivided their land in the future and that it was only necessary that the applicant provide a 12 metre wide…
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Details
Case
[2016] WASAT 28
Decision Date

CaseChat Overview and Summary

The case before the court involved Hanham as the applicant and the Western Australian Planning Commission as the respondent. The dispute centred around the respondent's decision to refuse Hanham's application for subdivision approval. Hanham sought to develop a property in accordance with an outline development plan, but the respondent deemed the application insufficient due to concerns about the width of the access road. The court was tasked with reviewing the respondent's decision to ensure it was lawful and justifiable.

The primary legal issue before the court was whether the respondent's decision to refuse the subdivision application was reasonable and in accordance with the planning legislation. Specifically, the court needed to determine whether the respondent had given due regard to the orderly and proper planning of the area when refusing the application. Hanham argued that the road width was acceptable, while the respondent contended that the road did not meet the necessary standards for the area's planning objectives.

The court examined the respondent's decision in light of the relevant planning legislation and guidelines. It found that the respondent had adequately considered the planning objectives and had provided a detailed rationale for refusing the application. The court held that the respondent's decision was reasonable and in line with the statutory requirements. The applicant's argument regarding the adequacy of the road width did not sufficiently address the planning considerations that the respondent had taken into account. Consequently, the court affirmed the respondent's decision and dismissed the application for review.

Orders

Orders of the court

Respondent's decision refusing subdivision application is affirmed

Application for review is dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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