Town of Cottesloe v Multiplex (Marine Parade) Pty Ltd

The Town of Cottesloe brought an appeal against Multiplex (Marine Parade) Pty Ltd, challenging the State Administrative Tribunal's decision regarding the development of a heritage-listed property. The Tribunal had ruled that the Council did not have the authority to vary the development requirements or standards contained in the town planning scheme for the listed property. The Town of Cottesloe argued that the Council had the power to consent to the development and that the obligation to obtain written consent under clause 6.2.1 was distinct from the obligation to obtain development approval under Part VII. Additionally, they contended that the Tribunal had misconstrued the factors relevant to granting or refusing written consent under clause 6.2.3.

The court examined the interpretation of the Town of Cottesloe Town Planning Scheme No. 2, specifically clauses 6.2.1 and 6.2.3. The court held that the Council's power to consent to development on a heritage-listed property did encompass the authority to vary the development requirements or standards in the scheme. The court clarified that the obligation to obtain written consent under clause 6.2.1 was indeed separate and distinct from the obligation to obtain development approval. Furthermore, the court found that clause 6.2.3 did not confer a dispensing power on the Council but rather outlined the factors to be considered when deciding whether to grant or refuse written consent.

The court granted leave to appeal and allowed the appeal, finding in favour of the Town of Cottesloe. The court's decision was grounded in the proper interpretation of the planning scheme and the respective obligations of the Council in relation to heritage-listed properties. The final orders of the court included granting leave to appeal and allowing the appeal, thereby reinstating the Council's authority to vary development requirements or standards for heritage-listed properties, subject to the factors outlined in clause 6.2.3.