Stein & Anor and Shire of Chapman Valley

The case involved Stein and another applicant, seeking approval from the Shire of Chapman Valley for a 20-dog boarding kennel on land located in a "general farming" zone. The Shire of Chapman Valley opposed the application, citing the potential negative impacts on the surrounding area and the existing zoning laws. The applicants argued that the proposed kennel would not adversely affect the area and would comply with any necessary conditions to mitigate any potential impacts. The dispute was heard and determined by the State Administrative Tribunal of Western Australia.

The legal issues that the tribunal had to decide were whether the proposed kennel was a permissible discretionary use in the "general farming" zone and whether the new Town Planning Scheme, which prohibited dog kennels, constituted a "seriously entertained planning proposal." Additionally, the tribunal considered the surrounding development pressure and the potential amenity concerns, mainly relating to noise, and whether additional conditions could be imposed to minimize these impacts.

In its decision, the tribunal found that the proposed kennel was a permissible discretionary use in the "general farming" zone, as the zoning was now anomalous. The tribunal also determined that the new Town Planning Scheme was a "seriously entertained planning proposal" and that the proposed kennel was consistent with the various strategic planning instruments that pointed to a residential or urban future use for the area. The tribunal further found that the proposed kennel would not cause significant amenity concerns, mainly relating to noise, and that additional conditions could be imposed to minimize any potential impacts. The tribunal granted the planning approval on the condition that the kennel be limited to a maximum of twenty dogs and that various measures be taken to minimize noise and other potential impacts.

The tribunal made several orders, including that the unresolved conditions (2) and (16) in the Shire's "without prejudice" draft conditions be determined in accordance with the tribunal's reasons. The tribunal also granted planning approval for the proposed use, subject to various conditions, including that the approval was personal to the applicants and that the kennels could only be operated by the applicants while they owned and operated them. The tribunal further imposed conditions relating to the design and construction of the kennels, the landscaping, and the management of the kennels to minimize any potential impacts on the surrounding area.