PICKFORD HOLDINGS PTY LTD and THE OWNERS OF 93 HECTOR STREET OSBORNE PARK

Pickford Holdings Pty Ltd and the owners of 93 Hector Street Osborne Park were before the court in an application to alter a lot. The dispute centred on the applicant's proposal to change the height of a roller door opening, which was previously refused by the local council on the basis of it being unreasonable. The applicant sought the court's intervention to overturn this decision and grant approval for the alteration.

The court was tasked with determining whether the local council's refusal to approve the alteration of the roller door opening was unreasonable. This required an examination of the council's decision-making process and the evidence provided to support its stance. The applicant argued that the refusal was unreasonable and that the alteration would not have a detrimental impact on the surrounding area or contravene any planning regulations.

In considering the matter, the court assessed the evidence presented by both parties and the rationale behind the council's decision. It was found that the council's refusal was unreasonable, as it was based on an outdated report that did not take into account the applicant's proposed modifications. The court held that the applicant's plans were consistent with the local planning scheme and would not have a significant negative impact on the area. Consequently, the court granted the application and directed that the applicant obtain local council approval and make the alterations in accordance with the recommendations set out in the reports of Mr Scott dated 8 August 2008 and 17 September 2008.