STARWORLD HOLDINGS PTY LTD and CITY OF MELVILLE

STARWORLD HOLDINGS PTY LTD, an applicant, sought approval for a development proposal on a parcel of land in Melville, which the CITY OF MELVILLE, the respondent, was to assess under the Planning and Development Act 2005. The dispute centred on the calculation of the plot ratio for the proposed development and whether the imposition of a condition by the council to restrict the plot ratio was valid.

The primary legal issue before the court was whether the plot ratio for the proposed development could be increased beyond the initial calculation, and if so, under what conditions. Additionally, the court had to determine the validity of the council's condition that limited the plot ratio on the property. The applicant argued that the council's calculation was incorrect and that the condition imposed was unreasonable and beyond the council's statutory powers.

The court examined the statutory framework governing development applications and plot ratios, finding that the council's initial calculation of the plot ratio was flawed. The court ruled that the applicant's method of calculating the plot ratio was consistent with the relevant statutory provisions and therefore should be accepted. Regarding the condition imposed by the council, the court found that while the council had the power to impose conditions, the condition in question was unreasonable and went beyond the statutory powers. The court concluded that the condition was invalid as it did not align with the objectives of the Planning and Development Act.

The court ordered that the plot ratio calculation as proposed by the applicant be accepted. The condition imposed by the council limiting the plot ratio was declared invalid. The court directed that the council approve the development application in accordance with the correct plot ratio calculation, subject to compliance with other relevant planning provisions.