Project Development WA Pty Ltd and City Of Bayswater

Project Development WA Pty Ltd sought approval from the City of Bayswater for a development application that included a liquor store with drive-through bottle sales on a property zoned for Special Purposes. The council refused the application, and Project Development appealed to the Land and Environment Court of Western Australia. The court was required to decide whether the proposed use of the land complied with the planning scheme and whether the refusal of the application was justified.

The court found that the proposed liquor store with drive-through bottle sales did not constitute a local shopping use as defined by the planning scheme. The court also considered the traffic impact and the effect of liquor outlets on the locality, including the relationship to anti-social behaviour. The court acknowledged that there were shops and fast food outlets already approved on the site, but found that the proposed liquor store would have a negative impact on the amenity of the neighbouring residential street. The court also considered an amendment to the planning scheme that changed the uses permitted in the Special Purposes zone, and found that the development did not align with the principles of orderly and proper planning. The court also found that the deed for reciprocal use of access and parking with an adjoining lot did not mitigate the negative impact of the proposed development.

The court dismissed the appeal and upheld the council's decision to refuse the development application. The court ordered that Project Development WA Pty Ltd pay the costs of the appeal.