Hawkins and City Of Joondalup

The case of Hawkins and City Of Joondalup involved a dispute between the applicant, Hawkins, and the respondent, the City of Joondalup, concerning a development application. The applicant proposed to use an area in front of their house for an outdoor living area. The existing development was a single-storey house constructed at the front of the parent lot, with a small existing outdoor area at the rear that met current standards but was subject to some overlooking. The proposal required significant fill and the construction of a new retaining wall and a secondary wall.

The legal issues before the court were whether the proposal was consistent with the existing streetscape, whether the bulk and scale of the proposal were consistent with regulatory standards, whether the requisite degree of openness at street level would be achieved by the proposal, and whether any existing approvals or developments in the precinct or neighbourhood showed a pattern consistent with the proposal. The court had to consider the public interest underlying planning standards as outlined in the Residential Design Codes of Western Australia (2002).

The court found that the proposal would be inconsistent with the standards under the Residential Design Codes. The tribunal had discussed the concept of the public interest underlying planning standards and concluded that the proposal did not align with the established standards. Consequently, the application for review was dismissed, and the decision under review was affirmed. The tribunal upheld the City of Joondalup's decision to reject the development application.