SWANHILL ENTERPRISES PTY LTD and CITY OF PERTH

Swanhill Enterprises Pty Ltd sought to develop an eight-level commercial building above a basement on a site that adjoins Jacob's Ladder on the Mt Eliza escarpment, Perth. The City of Perth objected to the development application, contending that it violated the Design Policy's maximum building height and side setback requirements. Additionally, the city argued that the proposed building's height would excessively alter the natural landform of the site and negatively impact the area's natural form and visibility. The substantial same development was previously approved but the consent had lapsed.

The legal issues before the court were whether the proposed development complied with the Design Policy's maximum building height and side setback requirements, and whether the development's impact on the natural landform and visibility of Jacob's Ladder was acceptable. The court had to determine if the plans and photo-montage presented for previous approval were materially misleading in relation to the height of the adjoining building and the visual impact of the proposed development.

The court found that the proposed building exceeded the maximum building height by 12.2 metres and did not meet the minimum side setbacks required by the Design Policy. The court also determined that the proposed building would excessively alter the natural landform of the site and negatively impact the area's natural form and visibility. Furthermore, the court found that the plans and photo-montage presented for previous approval were materially misleading in relation to the height of the adjoining building and the visual impact of the proposed development. The court held that the development did not comply with the Design Policy and was not consistent with orderly and proper planning. The court refused the development application.

The court ordered Swanhill Enterprises Pty Ltd to remove any existing temporary structures and to restore the site to its original condition within six months. The order also required Swanhill Enterprises Pty Ltd to pay the City of Perth's costs of the proceedings.