SHARP and WESTERN AUSTRALIAN PLANNING COMMISSION

The applicants, Mr and Mrs Sharp, sought a review of the Western Australian Planning Commission's (WAPC) refusal to approve their proposal to subdivide their agriculturally zoned land in Ambergate, Busselton, into two lots. The WAPC had refused the proposal on the basis that it was inconsistent with the planning framework, including the Shire of Busselton Town Planning Scheme No 20, the Shire of Busselton Local Rural Planning Strategy, and the Shire of Busselton Urban Growth Strategy (2006). The WAPC was concerned that the proposed subdivision would jeopardise structure planning for future urban development and the selection of the Busselton outer bypass route, which was yet to be determined. Additionally, the smaller of the two lots lacked direct physical frontage to the public road network, and the WAPC would not accept a carriageway easement as a sufficient substitute. The Tribunal found that the proposed subdivision would be inconsistent with the planning framework and the evident aims and goals of orderly and proper planning. The Tribunal dismissed the application for review and affirmed the WAPC's decision.