Phil Lukin Pty Ltd And Lowe Pty Ltd and Shire Of Busselton

The case involved Phil Lukin Pty Ltd and Lowe Pty Ltd, who applied for development approval for a roadside facility in Abbey, Western Australia, and the Shire of Busselton. The proposed development included a bakery, specialty tourist retail, tourist meals lounge, service station, and workshop. The Shire initially refused the application, prompting an appeal to the Civil Appeal Tribunal (CAT). The legal issues centered on whether the proposed development could be characterised as "providing services to motorists, tourists, and the travelling public" under the local planning scheme, and whether the approval should be granted considering the scheme's considerations and policies.

The CAT found that the proposed development could indeed be characterised as providing services to motorists and tourists, as it met the definition in the local planning scheme. The tribunal also concluded that the Shire's refusal was unreasonable, as it did not adequately consider the scheme's considerations, including the Rural Strategy, Urban Growth Strategy, and State Planning Policy. Furthermore, the tribunal determined that the development's economic impact on trade was not sufficient to warrant refusal.

The CAT granted the review application, approving the development with specific conditions. These conditions included adherence to detailed plans, submission and approval of various management plans, and compliance with Shire specifications for parking, access, pathways, and signage. The tribunal also set a timeframe for the commencement and completion of the development, stipulating that if it was not substantially commenced within three years, the approval would lapse.