STARGAZE ASSETS PTY LTD and CITY OF SWAN

STARGAZE ASSETS PTY LTD applied for an amendment to an existing development approval, which allowed the crushing and screening of construction and demolition waste for use as fill on the same site. The proposed amendment sought to allow the crushed and screened material to be used as fill at other sites. The City of Swan opposed the application, arguing that the proposed use would constitute 'industry' and would not be suitable for the landscape zone. The matter was brought before the court to determine whether the proposed amended development was capable of approval and whether the land use would be classified as 'industry'.

The court considered the existing approval and the proposed amendment, and whether the proposed development was consistent with the objectives of the town planning scheme. The court examined the nature of the proposed use and whether it would be consistent with the landscape zone. The court also considered whether the proposed use would constitute 'industry' and whether it would be appropriate for the site.

The court found that the proposed amended development was not capable of approval. The court held that the proposed use of the site for the crushing and screening of construction and demolition waste, and the transportation of that waste to other sites for use as fill, would constitute 'industry' and would not be suitable for the landscape zone. The court noted that the existing approval was limited to the use of the crushed and screened material on the same site, and that the proposed amendment would expand the use of the site beyond the scope of the existing approval. The court concluded that the proposed development was not consistent with the objectives of the town planning scheme and was not capable of approval.

The court dismissed the application, and no orders were made. The existing development approval remained in place, and the proposed amended development was not approved.