Willicombe and City Of Gosnells

The case between Willicombe and the City of Gosnells dealt with a dispute concerning the approval of a medium-density housing development on a small lot in a suburban area. The developer sought substantial variations to the Residential Design Codes, including changes to setbacks, carports, and open space ratios. The City of Gosnells opposed the application, fearing overdevelopment of the site. The dispute ultimately reached the court, where it was necessary to determine whether the cumulative effect of the variations resulted in overdevelopment and whether the developer had satisfied the performance criteria for the proposed medium-density housing.

The legal issues at the core of this case involved interpreting the Residential Design Codes and the performance criteria for medium-density housing. The court had to examine whether the proposed variations to the codes would result in overdevelopment of the site, despite the local government agreeing to some variations individually. The court also needed to ascertain the "suburban character" of the precinct, considering the pending "Green Title" (Freehold Title) subdivision, and the interrelationship with the development application. Ultimately, the court had to decide whether the application should be dismissed or if the developer had met the necessary criteria for approval.

The court found that the Tribunal was satisfied that the proposed development would indicate overdevelopment. The cumulative effect of the variations sought by the developer, despite some individual variations being agreed upon by the local government, resulted in a departure from the suburban character of the precinct. The court affirmed the decision to dismiss the application for review, finding that the developer had not demonstrated compliance with the performance criteria for medium-density housing. Consequently, the application for review was dismissed, and the decision under review was affirmed.

The final orders of the court dismissed the application for review and affirmed the decision under review, upholding the local government's decision to deny approval for the proposed medium-density housing development. The developer was not successful in demonstrating compliance with the Residential Design Codes and performance criteria, and the court upheld the local government's concerns about overdevelopment and the preservation of the suburban character of the precinct.