Wellard Capital Pty Ltd and Town Of Cottesloe

In the case of Wellard Capital Pty Ltd and Town of Cottesloe, the primary dispute centred on a proposed mixed-use development at 573-575 Stirling Highway, Cottesloe, which the local council deemed refused on 26 June 2008. The applicant, Wellard Capital Pty Ltd, sought a review of this decision, challenging the council's authority to refuse the development application on the grounds that the land was unzoned under the local planning scheme and required approval under the Metropolitan Region Scheme. The court was tasked with determining whether the proposed amendment to the local planning scheme constituted a seriously entertained planning proposal and the weight to be given to it.

The legal issues before the court included the relevance of development standards outlined in the local planning scheme and the assessment of the proposed amendment's seriousness. The court had to decide whether the development standards in the local planning scheme were applicable to the unzoned land and whether the proposed amendment to the scheme was a seriously entertained planning proposal. Additionally, the court needed to determine the appropriate weight to be accorded to the proposed new local planning scheme.

The court affirmed the deemed refusal of the development application by the Town of Cottesloe, holding that the applicant had not met the threshold for a seriously entertained planning proposal. The court found that the local planning scheme's development standards were not applicable to the unzoned land, and the proposed amendment did not meet the criteria for a seriously entertained planning proposal. Consequently, the application for review was dismissed, and the deemed refusal of the development application was upheld. The court's decision underscored the importance of adherence to planning schemes and the stringent criteria for considering proposed amendments.