NEWCO MILLS PTY LTD and PRESIDING MEMBER OF THE METRO OUTER JOINT DEVELOPMENT ASSESSMENT PANEL

Newco Mills Pty Ltd sought judicial review of a decision by the Metro Outer Joint Development Assessment Panel to deny approval for a proposed development of a stock feed grain mill. The Presiding Member of the Metro Outer Joint Development Assessment Panel was the respondent. The dispute was heard in the Western Australian Supreme Court. The key legal issue the court needed to determine was whether the proposed development was permitted by the 'Industry - Rural' use class in the City of Swan Local Planning Scheme No. 17. This involved interpreting the relevant provisions of the Scheme and considering the relevance of the decision in Harvis Capital Pty Ltd v Mid-West/Wheatbelt Joint Development Assessment Panel.

The court considered the proper construction of the relevant provisions of the Scheme, focusing on the use class definitions and whether the proposed development fell within the 'Industry - Rural' use class. The court also examined the decision in Harvis Capital, which held that a similar proposed development fell within the 'Industry - General' use class. The court held that the proposed development in this case also fell within the 'Industry - General' use class, and therefore, the Panel's decision to deny approval was correct. The court found that the proposed development was not permitted by the 'Industry - Rural' use class in the Scheme.

The court's decision was based on the proper interpretation of the relevant provisions of the Scheme and the application of the decision in Harvis Capital. The court held that the proposed development was not permitted by the 'Industry - Rural' use class and therefore the Panel's decision to deny approval was correct. The application for judicial review was dismissed.