Scutti v City of Wanneroo

The parties involved in the case of Scutti v City of Wanneroo are the Scutti family, as appellants, and the City of Wanneroo, as the respondent. The central dispute revolves around the interpretation and application of the town planning scheme, specifically the Agreed Structure Plan (ASP6), and its effect on the classification and reservation of certain land. The matter was brought before the Supreme Court of Western Australia.

The primary legal issues before the court were the proper construction of ASP6, whether it should be considered an Agreed Structure Plan under clause 9.8.2 of the Development Plan South (DPS2), and if so, whether the land in question was classified as a reserve under ASP6 and, consequently, under DPS2. Another issue was whether the incorporation of ASP6 into DPS2 constituted an amendment of DPS2, and if the scheme permits development for purposes other than public use. The court also had to determine if the scheme prohibited wholly or partially the furtherance of non-conforming uses.

The court found that ASP6 was indeed an Agreed Structure Plan under clause 9.8.2 of DPS2, and that the classification of land by reference to reserves, including Local Reserves such as Public Open Space, was binding and enforceable. The court held that the land in question was classified by ASP6 as a Local Reserve, and therefore, the provisions in ASP6 apply to the land as if they were incorporated into DPS2. This classification results in the land being treated as if it were reserved under DPS2, with corresponding development control procedures, rights, provisions, and procedures applying. The court concluded that the incorporation of ASP6 into DPS2 did not amount to an amendment of DPS2, and the scheme permits development for public purposes only.

The court's final orders were that the classification of the appellants' land as a Local Reserve by ASP6 does not directly have the force of law, but the requirement that the land be treated as if it were reserved under DPS2 does have the force of law. Consequently, the provisions in DPS2 dealing with applications for planning approval in respect of land reserved for Public Open Space are applicable.