Moore and City Of Wanneroo

The applicant, Moore, sought approval from the City of Wanneroo to establish a remedial massage centre within a Service Industrial zone. The local council denied the application, asserting that the proposed use was inconsistent with the zone's objectives and purposes. The case was heard by the Planning and Environment Court of Western Australia, which had to determine whether the proposed remedial massage centre was consistent with the objectives and purposes of the Service Industrial zone. The court also had to determine whether consistency with the purposes or intent of the zone should be evaluated separately from consistency with the objectives of the zone.

The court examined the definition of 'complementary business service', 'entertainment activity', and 'recreational activity' within the context of the planning scheme. The court concluded that a remedial massage centre could be considered a complementary business service to recreational activities. The court found that the proposed use was not inconsistent with the objectives and purposes of the Service Industrial zone. The court also determined that consistency with the purposes or intent of the zone should not be evaluated separately from consistency with the objectives of the zone. The court found that the applicant had demonstrated that the proposed use was consistent with both the purposes and objectives of the zone.

The court set aside the decision of the council and approved the development application, subject to certain conditions. The applicant was granted approval to establish a remedial massage centre within the Service Industrial zone. The court ordered that the decision of the council be set aside and that the development application be approved, subject to the conditions set out in the court's reasons for judgment. The court also ordered that the applicant pay the costs of the proceedings.