SCOLARO and SHIRE OF WAROONA

The parties involved in this case were Scolaro and the Shire of Waroona. The dispute centred on the applicant's application for an extension of time to seek review of a decision related to a development application under the Planning and Development Act 2005. The matter was heard in the Supreme Court of Western Australia. The legal issues that the court was required to decide included whether the applicant had provided a satisfactory explanation for the extraordinary delay in seeking review, whether the applicant had an arguable case for review, and whether the applicant had an accrued right to seek review despite the intervening amendment to the local planning scheme that prohibited the development.

The court considered the evidence provided by the applicant regarding the delay in seeking review, which was approximately four years and 11 months. The court found that the delay was both extraordinary and inordinate, and that the explanation provided by the applicant was insufficient to justify the delay. The court also considered whether the applicant had an arguable case for review, and found that the applicant did not have a valid argument to challenge the deemed refusal. Finally, the court considered whether the applicant had an accrued right to seek review, and found that the intervening amendment to the local planning scheme had extinguished any such right.

The court found that the applicant had not provided a satisfactory explanation for the delay in seeking review, and that the delay was both extraordinary and inordinate. The court found that the applicant did not have an arguable case for review, and that the intervening amendment to the local planning scheme had extinguished any accrued right to seek review. Accordingly, the court refused the applicant's application for an extension of time to seek review. The court's decision was final and binding, and the applicant was not able to appeal the decision.