WESTERN AUSTRALIAN PLANNING COMMISSION and CPP PTY LTD

Western Australian Planning Commission and CPP Pty Ltd came before the court in a matter involving the interpretation and application of certain sections of the Town Planning and Development Act 1928 (WA) and the Planning and Development Act 2005 (WA). The dispute centred around the application of section 20(5) of the older Act and whether it continued to apply in review proceedings that had been initiated in the Tribunal before the repeal of that section, as well as the applicability of section 138(2) of the newer Act.

The primary legal issue before the court was to determine whether section 20(5) of the Town Planning and Development Act 1928 (WA) continued to apply to review proceedings that had been commenced in the Tribunal prior to the repeal of that section. Additionally, the court had to consider whether section 138(2) of the Planning and Development Act 2005 (WA) was applicable to the proceedings. The court was required to interpret the statutes and determine the appropriate legal framework for the review proceedings in question.

In delivering the judgment, the court found that section 20(5) of the Town Planning and Development Act 1928 (WA) did not continue to apply in the review proceedings that had been initiated in the Tribunal before its repeal. The court held that the repeal of section 20(5) had the effect of removing it from the legal framework applicable to the proceedings, and that section 138(2) of the Planning and Development Act 2005 (WA) was the appropriate section to apply in this context. The court confirmed the decisions of Member Jordan made on 31 August 2006 and dismissed each review application made under section 244(3) of the Planning and Development Act 2005 (WA).