SUNBAY DEVELOPMENTS PTY LTD and SHIRE OF KALAMUNDA

The dispute involved Sunbay Developments Pty Ltd, which sought approval for a child care centre in the Shire of Kalamunda, and the Shire of Kalamunda, which refused the application. The matter was heard and determined by the Planning and Environment Court of Western Australia. The court was called upon to review the Shire's refusal of Sunbay's application, which sought to establish a child care centre on a particular site. The Shire had denied the application on the basis that the proposed site was not suitable for a child care centre, due to its location in a medium density residential area and its potential impact on neighbouring properties, including noise.

The court had to decide whether the Shire's refusal was lawful and whether the proposed site was appropriate for a child care centre. The central issues were whether the site was within an urban development zone, the suitability of the site for a child care centre under the Shire's child care centre policy, and the potential impact of the centre on adjoining residential properties. The court also considered the Western Australian Planning Commission's draft planning bulletin number 72 for child care centres and its guidelines regarding suitable locations for such facilities.

The court found that the site was located within an urban development zone and that it was not suitable for a child care centre due to its classification as a medium density residential site in the outline development plan. The court also found that the site was not in line with the Shire's child care centre policy, which preferred locations in commercial and mixed use areas. Additionally, the court considered that the proposed child care centre would have a significant impact on adjoining residential properties, including potential noise issues. The court concluded that the Shire's refusal of the application was lawful and dismissed the application for review.