TERRA SPEI PTY LTD and SHIRE OF KALAMUNDA

Terra Spei Pty Ltd applied for a development approval to establish a facility for the screening and crushing of inert construction and demolition waste materials within an Industrial Development zone in the Shire of Kalamunda. The Shire of Kalamunda opposed the application, arguing that the proposed development should be classified as 'industry-general' under the local planning scheme, which would prohibit the development, rather than 'industry-light', which would permit it. The Town and Country Planning Tribunal was tasked with determining whether the proposed development was capable of approval and whether it should be classified as 'industry-light'.

The Tribunal considered whether ameliorative measures proposed by Terra Spei could be taken into account when determining whether the development fell within the 'industry-light' use class. The Tribunal concluded that such measures could be considered. The Tribunal then assessed whether, taking into account all proposed ameliorative measures, the processes, machinery, and goods and commodities associated with the proposed development would not cause any injury to or adversely affect the amenity of the locality. The Tribunal found that the proposed development, including the proposed ameliorative measures, would not cause any injury to or adversely affect the amenity of the locality. The Tribunal also found that the proposed development was consistent with orderly and proper planning and that the inconsistency between the deemed provision and other provisions of the local planning scheme did not preclude approval of the development. The Tribunal determined that the proposed development was a 'transport-based industry' and therefore a 'preferred land use'. The Tribunal considered the local planning scheme amendment and determined that it was a matter for consideration but did not specify the weight to be given to it.

The Tribunal approved the development application, subject to certain conditions to mitigate the impacts of the development. The Tribunal found that the proposed development, including all proposed ameliorative measures, was capable of approval and should be classified as 'industry-light'. The Tribunal concluded that the proposed development was consistent with the contemplation of the planning framework and that the local planning scheme amendment was a matter for consideration but did not specify the weight to be given to it.