Re Western Australian Planning Commission; Ex Parte Solomon

In the case of Re Western Australian Planning Commission; Ex Parte Solomon, the applicant sought an order nisi for judicial review of a decision made by the Western Australian Planning Commission, which approved the subdivision of a property by survey strata plan. The dispute centred around whether the Commission failed to properly consider certain planning policies when approving the subdivision. The matter was heard in the Supreme Court of Western Australia.

The primary legal issue before the court was whether the Planning Commission had erred in approving the subdivision by survey strata plan. Specifically, the applicant argued that the Commission had failed to adequately consider relevant planning policies when making its decision. The court needed to determine if the Commission's decision was so flawed as to warrant judicial review, and if so, what remedy should be granted.

The court examined the legislative framework governing the approval process for subdivision by survey strata plan, including relevant provisions from the Strata Titles Act 1985 (WA) and the Planning and Development Act 2005 (WA). It was established that the Commission's approval was subject to certain statutory requirements and planning policies. The court then assessed whether the Commission had given due regard to these policies in its decision. The court found that while the Commission had considered some policies, it had not adequately addressed all relevant policies, leading to a jurisdictional error. Consequently, the court concluded that the Commission's decision was flawed and warranted judicial review.

The court ordered that the decision of the Western Australian Planning Commission be quashed and remitted for reconsideration in light of the court's findings. The court also ordered that the applicant be entitled to costs associated with the application for judicial review.