Reid v Western Australian Planning Commission

The applicant, Jim Reid, sought judicial review of the decision of the Western Australian Planning Commission (WAPC) to approve the City of Gosnells' proposed development of land in Wattle Grove (the Site) for various uses (the Proposed Development). The Site was zoned 'Rural' under the Metropolitan Region Scheme (MRS). The applicant contended that the WAPC did not have the power to approve the Proposed Development because several of the uses involved were inconsistent with the applicable MRS zone, because they were not rural uses. The applicant submitted that consistency with the zone was a jurisdictional condition to the WAPC's power under clause 30(1) of the MRS. The WAPC disputed this. The WAPC contended that each of the matters listed in clause 30 was a mandatory consideration in a discretionary decision, not a jurisdictional condition. The Supreme Court held that the WAPC's power to approve a proposed development was not limited to where the development was 'consistent' with the applicable MRS Zone. Accordingly, the application for judicial review was dismissed.