Real Estate Institute Of Western Australia and City Of Subiaco

The Real Estate Institute of Western Australia brought an application for judicial review of a decision by the City of Subiaco to refuse a development application. The application proposed a mixed-use development comprising two- and three-storey office spaces and two-storey residential units on a site. The dispute centred on various issues, including the height and scale of the proposed development, its impact on the streetscape, and the safety and convenience of vehicular access and egress.

The legal issues before the court were whether the proposed development complied with the relevant planning controls, specifically concerning height and scale, and the adequacy of the proposed vehicular access and egress. Additionally, the court had to determine if a condition requiring access via a laneway and egress via a ramp to another road was likely to be complied with, and whether a notification on the title indicating the locality's susceptibility to noise, traffic, and other activities should be mandated.

The court examined the planning scheme and the evidence presented regarding the proposed development's impact on the local character and streetscape. It found that the development, while taller than surrounding buildings, was not out of character with the area, given the presence of other multi-level buildings. Regarding vehicular access and egress, the court held that the proposed arrangement via the laneway and ramp was likely to be complied with, and that the condition was reasonable. The court also determined that the proposed notification on the title was not necessary, as the locality's character was not purely residential, and the potential for increased noise and traffic was already acknowledged in the planning scheme.

The application for review was allowed, and the development application was remitted to the City of Subiaco for reconsideration in light of the court's findings.