Marshall v The Honourable Graham Kierath MLA, Minister for Planning

The applicant, Marshall, sought to construct a second dwelling on land in Mosman Park. The proposed construction was prohibited by the Town Planning Scheme, but Marshall argued it was permitted under the Metropolitan Region Scheme. The case was heard in the Supreme Court of Western Australia. The applicant sought a writ of mandamus to compel the respondent, the Minister for Planning, to approve the construction, and a writ of prohibition to prevent the respondent from refusing approval.

The legal issues before the court involved whether the Metropolitan Region Scheme permitted the proposed construction and whether the Minister for Planning had the right to appeal a decision made by the Town Planning and Appeals Commission. The court needed to determine whether the applicant had standing to seek the writs and if the Minister's decision was subject to appeal.

The court found that the proposed construction was not permitted under the Metropolitan Region Scheme. The court also held that the Minister for Planning had the right to appeal a decision made by the Town Planning and Appeals Commission. The applicant did not have standing to seek the writs as they did not have a sufficient interest in the decision made by the Minister. The court dismissed the application and made no orders for costs.

The Supreme Court of Western Australia dismissed the application for prerogative writs and made no orders for costs. The decision confirmed that the Metropolitan Region Scheme did not permit the proposed construction and that the Minister for Planning had the right to appeal a decision made by the Town Planning and Appeals Commission. The applicant did not have standing to seek the writs as they did not have a sufficient interest in the decision made by the Minister.