REID -v- WESTERN AUSTRALIAN PLANNING COMMISSION [2016] WASCA 181
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2016] WASCA 181 | |
| THE COURT OF APPEAL (WA) | |||
| Case No: | CACV:136/2015 | 11 MAY 2016 | |
| Coram: | MARTIN CJ NEWNES JA MURPHY JA | 24/10/16 | |
| 23 | Judgment Part: | 1 of 1 | |
| Result: | Leave to appeal granted Appeal allowed Decision of judge at first instance set aside Decision of State Administrative Tribunal set aside Matter remitted to State Administrative Tribunal for determination | ||
| B | |||
| PDF Version |
| Parties: | LANCE ROBERT REID WAYNE PETER REID WESTERN AUSTRALIAN PLANNING COMMISSION |
Catchwords: | Planning and development law Appeal from decision of Supreme Court refusing leave to appeal from decision of State Administrative Tribunal Where State Administrative Tribunal had dismissed appellants' application for review of conditions imposed on subdivision approval by Western Australian Planning Commission Whether factual connection between purpose for which conditions were imposed and the likely or possible consequences of the proposed subdivision Clarification of test to be applied when determining validity of a condition imposed on a subdivision |
Legislation: | Metropolitan Region Town Planning Scheme Act 1959 (WA) Planning and Development Act 2005 (WA) State Administrative Tribunal Act 2004 (WA) Town Planning and Development Act 1928 (WA) |
Case References: | Cardwell Shire Council v King Ranch Australia Pty Ltd [1984] HCA 39; (1984) 53 ALR 632 Lloyd v Robinson [1962] HCA 36; (1962) 107 CLR 142 Newbury District Council v Secretary of State for the Environment [1981] AC 578 Paridis v Settlement Agents Supervisory Board [2007] WASCA 97; (2007) 33 WAR 361 Reid and Western Australian Planning Commission [2015] WASAT 35 Reid v Western Australian Planning Commission [2015] WASC 293 Thompson v Randwick Municipal Council [1950] HCA 33; (1950) 81 CLR 87 Western Australian Planning Commission v Southregal Pty Ltd [2016] WASCA 53 Western Australian Planning Commission v Temwood Holdings Pty Ltd [2004] HCA 63; (2004) 221 CLR 30 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : REID -v- WESTERN AUSTRALIAN PLANNING COMMISSION [2016] WASCA 181 CORAM : MARTIN CJ
- NEWNES JA
MURPHY JA
- First Appellant
WAYNE PETER REID
Second Appellant
AND
WESTERN AUSTRALIAN PLANNING COMMISSION
Respondent
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram : CHANEY J
Citation : REID -v- WESTERN AUSTRALIAN PLANNING COMMISSION [2015] WASC 293
File No : GDA 2 of 2015
Catchwords:
Planning and development law - Appeal from decision of Supreme Court refusing leave to appeal from decision of State Administrative Tribunal - Where State Administrative Tribunal had dismissed appellants' application for review of conditions imposed on subdivision approval by Western Australian Planning Commission - Whether factual connection between purpose for which conditions were imposed and the likely or possible consequences of the proposed subdivision - Clarification of test to be applied when determining validity of a condition imposed on…
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- Case
- [2016] WASCA 181
- Decision Date
CaseChat Overview and Summary
The court found that the State Administrative Tribunal had not correctly applied the test for assessing the validity of a condition imposed on a subdivision. The tribunal had not considered whether there was a factual connection between the purpose for which the conditions were imposed and the likely or possible consequences of the proposed subdivision. The court held that the tribunal's approach was incorrect, and that the correct test was whether the condition was reasonably necessary to mitigate the impact of the subdivision on the environment, community, or amenity of the area. The court found that the tribunal had not considered whether the conditions were reasonably necessary to mitigate the impact of the subdivision, and had instead focused on whether the conditions were in the public interest. The court held that this approach was incorrect, and that the tribunal needed to consider whether the conditions were reasonably necessary to mitigate the impact of the subdivision.
The court granted leave to appeal and allowed the appeal. The decision of the judge at first instance was set aside, as was the decision of the State Administrative Tribunal. The matter was remitted to the tribunal for determination. The court held that the tribunal needed to reconsider the appellants' application for review of the conditions imposed on the subdivision approval, applying the correct test for assessing the validity of a condition imposed on a subdivision. The court held that the tribunal needed to consider whether the conditions were reasonably necessary to mitigate the impact of the subdivision on the environment, community, or amenity of the area. The court held that if the tribunal found that the conditions were reasonably necessary, then the conditions were valid. If the tribunal found that the conditions were not reasonably necessary, then the conditions were invalid.
Orders
Orders of the court
Leave to appeal granted
Appeal allowed
Decision of judge at first instance set aside
Decision of State Administrative Tribunal set aside
Matter remitted to State Administrative Tribunal for determination
Background
Background to the litigation
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Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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