Price and Anor and Shire of Gingin

In the case of Price and Anor and Shire of Gingin, the applicants sought clarification on whether a decision made by the Shire constituted a reviewable decision, thereby granting the Tribunal jurisdiction to hear the matter. The applicants had previously obtained planning approval in 2002 for holiday accommodation units, subject to conditions regarding parking and a cash-in-lieu contribution. Following protracted negotiations over these conditions, the applicants submitted a new planning application in 2006, which the Shire refused to process, arguing that no new development was proposed and thus no reviewable decision was present. The applicants subsequently sought to have the Tribunal determine whether the 2006 application constituted a reviewable decision.

The primary legal issue before the court was to ascertain the appropriate tests for characterising the 2006 application as a reviewable decision. The applicants argued that the 2006 application sought retrospective or validating approval, which is permissible under the planning scheme. Conversely, the Shire contended that no new development was proposed and that the 2006 application did not present a reviewable decision. The court was tasked with determining the proper approach to characterising the application, considering the context and the objectives of the applicants.

The Tribunal found that the 2006 application indeed constituted a reviewable decision, emphasising that an objective reading of the application, in light of the surrounding facts and circumstances, was the correct approach. The Tribunal held that the application sought retrospective approval, which is within the scope of the planning scheme. Consequently, the preliminary point was resolved in favour of the applicants, affirming the Tribunal's jurisdiction in the matter.

The Tribunal ordered that the preliminary question be answered in favour of the applicants, confirming the existence of a reviewable decision and the Tribunal's jurisdiction. The matter was subsequently to be listed for directions within 14 days.