TTH 28 Pty Ltd and City Of Subiaco

The case between TTH 28 Pty Ltd and the City of Subiaco involved the proposed development of a five-storey mixed-use building at No 350 Hay Street, Subiaco. The applicant sought approval for a building that included basement parking, ground floor office and retail spaces, a first floor office, and upper floors dedicated to residential use. Additionally, the applicant requested permission to demolish the existing building on the site. The City of Subiaco refused both the application for demolition and the approval of the proposed development. The applicant then appealed to the Civil and Administrative Tribunal of Western Australia, which was tasked with reviewing the council's decisions.

The primary legal issues before the tribunal were whether the City of Subiaco's refusal to approve the proposed development was lawful and justified, and whether the applicant's concessions regarding wall height and overall height were sufficient to warrant approval. The tribunal had to consider the development's alignment with local development policies, its impact on the local amenity, and its conformity with the urban design and character of the area. The tribunal also needed to assess the implications of the proposed development on the future development of the locality, particularly in the context of transitional development at the edge of a Town Centre zone.

In reaching its decision, the tribunal examined the development's compliance with the relevant planning policies and development controls. The tribunal found that the proposed development did not adequately align with the commercial/residential zoning of the area and that the concessions made by the applicant were insufficient to mitigate the adverse impacts on local amenity and urban design. The tribunal concluded that the development would not contribute positively to the orderly and proper planning and development of the locality, and that it would adversely affect the scale and character of Hay Street. As a result, the tribunal dismissed the application for review and affirmed the City of Subiaco's refusals of both the demolition and development approval applications.