VIENTO PROPERTY LTD and WESTERN AUSTRALIAN PLANNING COMMISSION

The matter before the court was a dispute between VIENTO PROPERTY LTD and the WESTERN AUSTRALIAN PLANNING COMMISSION. VIENTO PROPERTY LTD lodged an application to intervene in a planning review application, and subsequently sought leave to make submissions in relation to the review. The court was required to decide whether VIENTO PROPERTY LTD was entitled to intervene in the proceedings and whether it should be granted leave to make submissions. The court also had to determine the appropriate costs order.

The court considered the relevant statutory provisions and case law in relation to third party participation in planning review applications. It held that VIENTO PROPERTY LTD did not have a sufficient interest in the subject matter of the review to be entitled to intervene. The court also found that VIENTO PROPERTY LTD's proposed submissions did not raise any new issues or arguments that were not already before the court. The court held that VIENTO PROPERTY LTD was not entitled to make submissions in relation to the review. The court further held that each party and proposed intervener should bear its own costs.

The court dismissed the application for leave to intervene and the application for leave to make submissions. It ordered that each party and proposed intervener pay its own costs.