WEST AUSTRALIAN SHALOM GROUP INC. and CITY OF SWAN

West Australian Shalom Group Inc. sought approval from the City of Swan for a development application to construct a rehabilitation centre on their property. The centre aimed to conduct a five-stage rehabilitation program for men with serious drug or other addictions or other 'life-dominating' issues. The City of Swan objected to the proposed use of the site, contending that it did not fall within the permitted uses under the local planning scheme. The primary legal issues before the court were whether the site's use could be classified as 'Residential Building' or 'Community Purpose' under the local planning scheme, and if not, whether it constituted an innominate or unlisted use that could be approved.

The court found that the site's use did not fall under the 'Residential Building' category, as the participants' stay was not for the primary purpose of habitation. Instead, the primary purpose was the rehabilitation program. The court also held that the use did not qualify as 'Community Purpose', as the primary intent was not to provide educational, social, or recreational facilities for community benefit. The court concluded that the site's use was innominate or unlisted under the local planning scheme. The court considered the primary purpose of the site and found that it was not designed or adapted primarily for any of the permitted uses under the local planning scheme.

The court determined that the site's use could be approved as an innominate or unlisted use, given that it was not contrary to the planning scheme and did not conflict with any relevant policies or objectives. The court found that the rehabilitation program provided a significant community benefit by addressing serious drug or other addictions or other 'life-dominating' issues. The court also noted that the program was not a residential building, hospital, sanatorium, prison, hotel, motel, or residential school. The court concluded that the site's use was not prohibited and could be approved as an innominate or unlisted use.

The court ordered that the City of Swan approve the development application, subject to any necessary conditions or requirements. The court also noted that the applicant must comply with all relevant laws and regulations, including any conditions or requirements imposed by the City of Swan. The court held that the applicant's rehabilitation program provided a significant community benefit and did not conflict with any relevant policies or objectives under the local planning scheme.