ROSSI and CITY OF BAYSWATER

The State Administrative Tribunal (SAT) reviewed Mr. Eric Rossi's application for the deletion of a condition in the development approval for constructing two grouped dwellings at No 67 Salisbury Street, Bedford. The City of Bayswater had imposed a condition requiring the setback of the two single-story boundary walls by 1.5 meters. This matter followed a previous proceeding where the SAT had deleted a similar condition of 1.0 meters for a relevantly identical proposal. The Tribunal needed to decide if there was a substantive change in the planning framework or circumstances warranting a different outcome.

The legal issues included whether the boundary walls satisfied the Performance Criteria for buildings on boundaries and if the setback condition was justified. The Tribunal found that the planning framework remained unchanged and there were no substantial changes in circumstances since the previous proceeding. The Tribunal relied on the previous determination that the boundary walls would not have any significant adverse effect on the adjoining property. The Tribunal also noted that the City of Bayswater's insistence that the boundary walls would detrimentally impact the adjoining property, without substantial evidence, was unreasonable. The City's failure to genuinely assess the matter on its merits further supported the applicant's costs claim.

The Tribunal allowed the application for review, deleted the condition requiring a 1.5-meter setback, and ordered the City of Bayswater to pay Mr. Rossi's costs, including the filing fee, printing, photocopying, and postage expenses. This decision emphasized the importance of consistency in planning decisions and the need for decision-makers to genuinely assess matters on their merits.