Reid v City of Gosnells

The Applicant, a resident of the City of Gosnells, sought judicial review of a decision by the Respondent, the City of Gosnells, to approve a development application for a new Operations Centre and Waste Transfer Facility on a former landfill site. The Applicant contended that the proposed development included activities that were prohibited uses in the relevant zone and that the City had failed to comply with relevant planning legislation in approving the development. The Applicant argued that the City was not entitled to undertake the proposed development as a 'public work' and that the approval of the development was inconsistent with the Metropolitan Region Scheme (MRS) and the City's Local Planning Scheme No. 6 (TPS 6). The court had to decide whether the proposed development was a 'public work', whether the City complied with relevant planning legislation, and whether the development approval was inconsistent with the MRS Rural Zone. The court had to determine the proper approach to determining 'uses' in proposed developments, the meaning of 'Civic Use' in TPS 6, and whether the green waste grinding was an existing use.
The court held that the proposed development was a 'public work' that the City was entitled to undertake. The court found that the City had complied with s 6(2) of the Planning and Development Act in relation to the Proposed Development. The court held that the judicial review application should not be dismissed as relief would not be futile. The court held that the proper approach to determining 'uses' in proposed developments was to consider the activities that would be carried on at the development and whether they were consistent with the relevant planning scheme. The court held that 'Civic Use' in TPS 6 meant any governmental purpose. The court held that the Proposed Development that was approved included activities that were prohibited uses in the relevant zone and that the development approval was inconsistent with the MRS Rural Zone. The court held that the green waste grinding was not an existing use and that the Proposed Development was inconsistent with the MRS Rural Zone. The court held that the Applicant had standing to seek a declaration and that the development approval was invalid.