Su and City Of Canning

Su sought approval for a development application to build student accommodation on a property in the City of Canning. The City of Canning refused to approve the application, leading Su to appeal to the Planning and Environment Court of Western Australia. The central issue before the Court was whether the proposal was correctly described as either grouped dwellings, residential buildings, or a use not listed, and whether it complied with the planning framework under each possible description. Additionally, the Court had to determine if the proposal, if correctly classified, complied with the relevant planning regulations.

The Court examined the nature of the proposed accommodation, considering factors such as the number of bedrooms and bathrooms, and the intended use of the premises. The Court found that the proposal did not fit neatly into the categories of grouped dwellings or residential buildings due to its specific design and purpose for student accommodation. Given that the proposal was not a use listed in the planning scheme, the Court had to assess whether it complied with the planning framework as a use not listed. The Court concluded that the proposal, as a use not listed, required discretionary approval under the Local Planning Policy, which includes considerations of amenity, orderly and proper planning, and compliance with the Residential Planning Codes.

After thorough examination, the Court determined that the proposal did not comply with the planning framework as it was not in accordance with the Local Planning Policy. The Court highlighted issues with car parking provisions, dual coding, and the potential for the premises to operate as a boarding house. The Court also noted that the proposal's proximity to a university campus and the intended use for student accommodation warranted careful consideration. Ultimately, the Court upheld the City of Canning's decision to refuse the development application. The Court did not deem it appropriate to grant discretionary approval, given the potential adverse impacts on the area's amenity and the lack of compliance with certain planning requirements.