Leighton v The Honourable Mr John Day MLA

In the case of Leighton v The Honourable Mr John Day MLA, the applicant, Leighton, sought judicial review of a decision by the Minister for Planning under the Planning and Development Act 2005 (WA). The dispute centered on the Minister's decision to amend a local planning scheme, with Leighton arguing that the Minister failed to take into account relevant considerations, included irrelevant considerations, and made an unreasonable decision. The Supreme Court of Western Australia was tasked with determining whether the Minister's decision was made in accordance with the Act.

The primary legal issue before the court was whether the Minister was required to take into account specific considerations when deciding whether to approve an amendment to a local planning scheme. Leighton argued that the Minister was bound to consider the 'advice' of the Environmental Protection Authority (EPA), and that this advice must be 'correct and up-to-date.' The court had to interpret the relevant sections of the Act to determine whether the Minister was indeed required to take these considerations into account.

The court found that the Minister was not bound to take into account the advice of the EPA in approving a local planning scheme amendment. It was determined that the considerations required by the Act were those explicitly stated or those implied by the subject matter, scope, and purpose of the Act. The court held that neither section 86 nor section 123 of the Act required the Minister to consider the EPA's advice in deciding whether to approve an amendment. Consequently, the Minister's failure to take this advice into account did not render the decision unlawful.

The court dismissed Leighton's application for judicial review. The Minister's decision to amend the local planning scheme was found to be made in accordance with the Act. As such, the applicant's claims of failure to consider relevant matters, inclusion of irrelevant matters, and unreasonableness were rejected.