IENCO and CITY OF MELVILLE

The case of IENCO versus the City of Melville was brought before the tribunal to challenge a decision made by the City regarding a proposed child care centre. The site in question was located at the corner of a major road and a minor road. The dispute centred on whether this site was appropriate for the proposed child care centre, taking into account factors such as road usage, safety, noise issues, and the impact on the surrounding residential area. The tribunal was tasked with determining the legal issues arising from the City's decision, including the application of local planning policies and the weight to be given to objections from neighbouring residents.

The tribunal examined the planning principles and policies relevant to the case, drawing on precedents from Western Australia, Victoria, and New South Wales. It assessed the evidence from traffic experts who provided divergent opinions on the suitability of the site. The tribunal had to decide which expert's views aligned more closely with the planning principles and the evidence presented. The tribunal also considered the compliance of the proposal with the Noise Regulations and the impact on the amenity of neighbouring residents. Furthermore, the tribunal had to apply the local Child Care Policy and the draft WAPC Bulletin to determine if the proposal was consistent with the planning framework.

After considering all the evidence and legal principles, the tribunal concluded that the proposal was consistent with the planning framework and allowed the application for review. The tribunal set aside the original decision and substituted it with a decision granting planning approval, subject to the approval of reasonable and appropriate conditions by the tribunal. The tribunal directed the parties to negotiate in good faith to produce a final set of conditions and granted leave for the parties to apply to the tribunal concerning any issues arising from the implementation of the conditions.

The tribunal's final orders included allowing the application for review, setting aside the original decision, and granting planning approval subject to the approval of reasonable and appropriate conditions by the tribunal. The parties were directed to negotiate and file a set of final consolidated conditions within 21 days of the decision. The tribunal also granted leave for the parties to apply to the tribunal concerning any issues arising from the implementation of the conditions.