SHARON PROPERTY PTY LTD and PRESIDING MEMBER OF THE METRO INNER-NORTH JOINT DEVELOPMENT ASSESSMENT PANEL

Case

[2021] WASAT 63


Details
AGLC Case Decision Date
SHARON PROPERTY PTY LTD and PRESIDING MEMBER OF THE METRO INNER-NORTH JOINT DEVELOPMENT ASSESSMENT PANEL [2021] WASAT 63 [2021] WASAT 63

CaseChat Overview and Summary

Sharon Property Pty Ltd applied to the State Administrative Tribunal for a review of the decision of the Presiding Member of the Metro Inner-North Joint Development Assessment Panel to refuse a development application for a child care centre on Lots 18 and 19 Alfred Road, Swanbourne. The application for review was dismissed. The applicant's development application was for a child care centre designed to accommodate 90 children and 18 staff and to operate Monday to Friday from 7am to 6pm. The Panel refused the applicant's development application on the basis that the proposed child care centre was inconsistent with the Town of Claremont Local Planning Scheme No. 3 and Local Planning Policy 206 - Child Care Centres. The Tribunal dismissed the application for review, affirming the Panel's decision to refuse the development application. The Tribunal was not satisfied that the development would be compatible with its setting, would not have an unacceptable impact on the amenity of the locality, and would not cause significant traffic safety issues. The Tribunal was also not satisfied that the community need for the proposed development outweighed its negative impacts.
Details

Areas of Law

  • Planning & Development Law

Legal Concepts

  • Jurisdiction

  • Statutory Interpretation

  • Amenity

  • Noise

  • Traffic

  • Visual Amenity

  • Compatibility

  • Community Impact

  • Need and Demand