TWO ROCKS INVESTMENTS PTY LTD and WESTERN AUSTRALIAN PLANNING COMMISSION

Two Rocks Investments Pty Ltd sought review of a decision of the Western Australian Planning Commission to approve a proposed structure plan for a coastal area. The plan involved changes to regional reserves and the urban development of Bush Forever sites, including the creation of a Special Use (Coastal) zone and a Conservation Public Open Space. The applicants argued that the proposed structure plan was not competent and appropriate, particularly in relation to the changes to regional reserves, the urban development of Bush Forever sites, and the location and size of the coastal foreshore reserve.

The court considered whether the proposed structure plan was competent and capable of approval, whether the land reserved under the region planning scheme was suitable for urban or industrial development, and whether the Western Australian Planning Commission considered that a structure plan for the area was required for the purposes of orderly and proper planning. The court also examined whether the Tribunal had the power to exercise the Commission's function and discretion, and whether the proposed structure plan was appropriate in terms of the location and size of the coastal foreshore reserve, the location of coastal nodes, the mechanism for delayed vesting of the Special Use (Coastal) zone, and the location of the coastal road. The court further considered whether the proposed structure plan should provide for the transfer of the coastal foreshore reserve into public ownership at the time of subdivision or development, and whether the duration of the approval period for the proposed structure plan was appropriate.

The court found that the proposed structure plan was competent and capable of approval, and that the land reserved under the region planning scheme was suitable for urban or industrial development. The court also found that the Western Australian Planning Commission had considered that a structure plan for the area was required for the purposes of orderly and proper planning, and that the Tribunal had the power to exercise the Commission's function and discretion. The court held that the proposed structure plan was appropriate in terms of the location and size of the coastal foreshore reserve, the location of coastal nodes, the mechanism for delayed vesting of the Special Use (Coastal) zone, and the location of the coastal road. The court further held that the proposed structure plan should provide for the transfer of the coastal foreshore reserve into public ownership at the time of subdivision or development, and that the duration of the approval period for the proposed structure plan was appropriate.

The court ordered that the proposed structure plan be approved, subject to certain conditions. These conditions included that the Special Use (Coastal) zone and delayed vesting be given effect by local planning scheme within 10 years, and that land is designated as coastal foreshore reserve if those provisions are not given effect by local planning scheme. The court also ordered that a condition of subdivision or development approval requiring coastal foreshore reserve landward of 2120 coastal processes line to be ceded to the Crown free of cost and without any payment of compensation fairly and reasonably relates to subdivision or development, and that such condition would not be legally unreasonable.