Hunter & Anor and City of Rockingham

The applicants, Hunter and Anor, sought judicial review of a decision by the City of Rockingham to refuse planning approval for a mixed-use development. The proposed development included ten apartments, three commercial units, and a cafe on Lot 1 (No 114) Foreshore Drive, Singleton. The applicants contested the refusal based on various grounds, including the adequacy of car parking provisions, compliance with plot ratio, and the impact on traffic flow and safety.

The central legal issues before the court were whether the proposed development met the planning criteria for car parking, plot ratio, and other performance standards. Specifically, the applicants argued that the reciprocal car parking arrangement between the office and residential components, and the use of verge areas for car parking, adequately addressed the shortfall in required parking bays. Additionally, they contended that the development complied with the plot ratio and did not adversely impact traffic flow or safety. The applicants also challenged the refusal on the basis that it did not align with the streetscape objectives and built form requirements.

The court found in favour of the applicants, determining that the development met the necessary planning criteria. Regarding car parking, the court accepted that the reciprocal parking arrangement and the use of verge areas effectively addressed the shortfall. The court also found that the development complied with the plot ratio and did not negatively affect traffic flow or safety. The court further concluded that the development was consistent with streetscape objectives and built form requirements. Consequently, the court allowed the application for review and set aside the council's decision to refuse planning approval, substituting it with a decision granting approval for the proposed development.