MOORE RIVER COMPANY PTY LTD and WESTERN AUSTRALIAN PLANNING COMMISSION

Moore River Company Pty Ltd sought judicial review of a decision by the Western Australian Planning Commission to refuse approval for a proposed subdivision. The proposed subdivision would create 550 lots, principally for residential purposes, with town centre commercial uses. The site is located adjacent to the Moore River, approximately 25 kilometres north of the Perth Metropolitan Region. The site was zoned "Urban Development" under the local planning scheme, but the local government had adopted a draft local planning scheme that proposed to rezone the site to "Residential". The Western Australian Planning Commission recommended modifying the draft local planning scheme to rezone the site to "Rural". The Minister directed the local government to publicly advertise the modification, but the local government refused to do so without indemnification from the State Government. The court was required to determine whether the proposed subdivision was inconsistent with the Western Australian State Sustainability Strategy, State Planning Policy No. 2.6 - State Coastal Planning Policy, and State Planning Policy 3 - Urban Growth and Settlement. The court also had to determine whether the modification to the draft local planning scheme was a seriously-entertained planning proposal and therefore relevant in the planning assessment. The court found that the proposed subdivision was inconsistent with the Western Australian State Sustainability Strategy, State Planning Policy No. 2.6 - State Coastal Planning Policy, and State Planning Policy 3 - Urban Growth and Settlement. The court also found that the modification to the draft local planning scheme was a seriously-entertained planning proposal and therefore relevant in the planning assessment. The court affirmed the decision of the respondent to refuse to approve the proposed subdivision. The court dismissed the application for review and recommended that the Minister for Planning and Infrastructure affirm the decision of the respondent.