MT LAWLEY PTY LTD and WESTERN AUSTRALIAN PLANNING COMMISSION

In the case of MT Lawley Pty Ltd and the Western Australian Planning Commission, the Central Review Tribunal was tasked with reviewing the Planning Commission's decision to refuse a development application concerning the extraction of sand and the construction of an approved subdivision. The applicant sought to extract approximately 101,000 cubic metres of sand from their property, which falls within the Primary Regional Roads reservation, for use in the construction of a subdivision on adjoining land zoned for urban development. The extracted sand would form the base of a regional road in accordance with Main Roads WA's preliminary design, necessitating the importation of approximately 50,000 cubic metres of fill at an estimated cost of $600,000 (2007). Alternatively, using the local road system would involve 11,222 additional truck trips.

The central legal issues before the Tribunal were whether the proposed development would affect the integrity and purpose of the regional road reservation, and whether it would prejudice the development of the regional road. The Tribunal also had to consider whether the proposed development was acceptable in relation to the clearing of natural vegetation and the sustainable use and development of the land. Additionally, the Tribunal needed to determine whether the need for the proposed development constituted a relevant threshold planning consideration.

The Tribunal found that the proposed development was consistent with the purpose of the regional road reservation and would not prejudice the development of the regional road. The Tribunal held that the proposed development was acceptable in relation to the clearing of natural vegetation and the sustainable use and development of the land. Furthermore, the Tribunal found that the need for the proposed development was a relevant threshold planning consideration. As such, the Tribunal allowed the application for review and set aside the Planning Commission's decision to refuse the development application.