Price and Western Australian Planning Commission

Price was the owner of a rural residential lot in the Shire of Augusta-Margaret River. The property was part of a larger parcel which had been subdivided into smaller lots, and a road had been created between the lots. Price applied to the Shire for a subdivision of his lot into two smaller lots, with the smaller lot to be used as a homestead lot, and the larger lot to be used for rural purposes. The application was denied on the basis that the road had created a significant barrier to the contiguous use of the land, and that the application did not comply with certain policies of the Western Australian Planning Commission (WAPC). Price sought a review of the decision by the WAPC. The court was required to decide whether the road did in fact create a significant barrier to the contiguous use of the land, and whether the application complied with relevant policies. The court found that the road did not create a significant barrier to the contiguous use of the land, and that the application complied with the relevant policies. The court found that the road was not a significant barrier to the contiguous use of the land because the smaller lot could still be used for rural purposes, and because the larger lot could still be used for rural purposes despite the road. The court also found that the application complied with the relevant policies because it did not conflict with the precedent for rural land use, and because it did not conflict with the land capability of the property. The court therefore upheld the application for review and set aside the decision of the WAPC.