WATTLEUP ROAD DEVELOPMENT COMPANY PTY LTD and WESTERN AUSTRALIAN PLANNING COMMISSION

The Watleup Road Development Company Pty Ltd sought approval for a residential subdivision located within 1.2 to 1.7 kilometres from land used for the drying and disposal of bauxite residue, forming part of the Kwinana Industrial Area. The site was also in proximity to a sand quarry. The land was zoned Urban under the Metropolitan Regional Scheme, with its Urban Deferred classification being lifted in October 2008. The Western Australian Planning Commission refused the subdivision approval, which led to the Watleup Road Development Company challenging the decision in the Supreme Court of Western Australia.

The central legal issue before the court was whether the residential subdivision should be approved, taking into consideration the proximity of the site to the industrial and quarry operations. The court also had to consider the application of the off-site buffer defined in the State Planning Policy No 4.1 Industrial Buffer Policy. Additionally, the court examined the evidence concerning dust emissions, health and amenity impacts, and the adequacy of air quality monitoring.

The court found that the subdivision approval should be refused, as the site was predominantly located within the defined industrial buffer. The court emphasised the importance of the precautionary principle, especially in light of the significant methodological concerns about the dust emissions study report used to establish the buffer. The court further noted the lack of adequate air quality monitoring for health and amenity purposes, which supported the refusal of the subdivision approval. Consequently, the court upheld the Planning Commission's decision and dismissed the Watleup Road Development Company's appeal.