The Owners Of Strata Plan 18449 and City Of Joondalup

The Owners of Strata Plan 18449 sought to change the use of their property from a "holiday village/resort" to either "extended stay residential" or "multiple dwelling" under the City of Joondalup District Planning Scheme No 2. The City of Joondalup refused the development application, prompting the applicants to appeal to the Tribunal. The Tribunal referred a preliminary issue for determination: whether the proposed use was a "multiple dwelling" or "extended stay residential" under the planning scheme.

The court had to ascertain the correct classification of the proposed use under the planning scheme to determine whether the application was eligible for review. This involved interpreting the relevant definitions and guidelines within the City of Joondalup District Planning Scheme No 2. The applicants argued that the proposed use should be classified as "multiple dwelling," while the City of Joondalup maintained that it should be classified as "extended stay residential." The court needed to decide which classification was correct and whether this would affect the eligibility of the application for review.

The court found that the proposed use of the land was indeed a "multiple dwelling" as defined in the City of Joondalup District Planning Scheme No 2. The court noted that the proposed use did not align with the definition of "extended stay residential," which required the premises to be occupied by guests for short-term stays. The court concluded that the correct classification was "multiple dwelling," and as such, the application for review was dismissed, and the decision of the City of Joondalup to refuse planning approval was affirmed.