Sweetland and Town Of Cambridge

Sweetland lodged an application for a two-storey dwelling on a block of land in Cambridge. The Town of Cambridge assessed the application and concluded that it did not comply with several Acceptable Development requirements of the relevant codes. Sweetland subsequently lodged an amended application, but this too was found to be non-compliant. Sweetland sought review of the decision in the Land and Environment Court of Western Australia.

The primary issue before the court was whether Sweetland’s amended application met the performance criteria, specifically in relation to the plot ratio, building height, setbacks, overshadowing, open space, and streetscape. The court considered whether the combination and extent of the variations sought resulted in an over-development of the site, and whether the application was otherwise consistent with the planning scheme.

The court found that the amended application did not comply with the planning scheme. While the variations sought by Sweetland were minor, the court held that the cumulative effect of the variations was to over-develop the site. The court also held that the amended application was inconsistent with the planning scheme in relation to the plot ratio, building height, setbacks, overshadowing, open space, and streetscape. The court concluded that the amended application did not meet the performance criteria.

Sweetland’s application for review was dismissed. The court made no orders as to costs.