PARKER and CITY OF SOUTH PERTH

The applicant, Sandra Lee Parker, sought review of the City of South Perth's refusal to grant planning approval for a garage on Lot 69 and a first floor balcony at the rear of the existing house on adjoining Lot 204. The City refused the application because it considered the development would not be consistent with orderly and proper planning and would have an adverse impact on the amenity of the locality, which included the street and the adjoining school. The Tribunal concluded that the proposed development satisfied general residential development standards and was in this respect consistent with orderly and proper planning. The Tribunal further found that the proposed development would not have an adverse impact on the amenity of the locality. The Tribunal formed the view that the proposed development, being for residential purposes at the head of a cul-de-sac adjacent to a non-residential use, had little impact on the streetscape of Riverview Court. The Tribunal also concluded that, because of the setback to existing buildings and the design of the proposed buildings on the school site and the character of the space between those buildings and the boundary, the proposed garage wall on the boundary would not have an impact on the amenity of the neighbouring primary school site sufficient to warrant refusal of the development. From the conclusions reached, the Tribunal concluded that, in this instance, discretion could be exercised and the proposed development was approved.