WR CARPENTER PROPERTIES PTY LTD AND GRIFFIN COAL PTY LTD and WESTERN AUSTRALIAN PLANNING COMMISSION

WR Carpenter Properties Pty Ltd and Griffin Coal Pty Ltd sought a review of a decision by the Western Australian Planning Commission to refuse approval of a proposed subdivision of coastal rural land. The proposed subdivision consisted of 98 lots, arranged in seven clusters, with the majority of lots being less than 5000 square metres. The applicants contested the refusal on the grounds that the subdivision was consistent with the strategic and statutory planning framework and did not constitute a "rural residential subdivision." They further argued that the visual impact and effect on landscape amenity values were minimal.

The court examined whether the proposed subdivision aligned with the planning framework and statutory provisions, specifically focusing on the definition of a "rural residential subdivision" and its implications for the visual impact and landscape amenity values. The court considered the proportion of the land area, the average size of the lots, and the overall layout of the subdivision in relation to the planning policies and objectives. It also assessed the potential impact on the surrounding environment and the character of the coastal rural land.

The court determined that the proposed subdivision did not align with the strategic and statutory planning framework and was, in fact, a "rural residential subdivision." The court found that the visual impact and effect on landscape amenity values were significant, particularly given the concentration of lots and their relatively small size. The court dismissed the application for review and affirmed the decision of the Western Australian Planning Commission to refuse approval of the proposed subdivision.

The court's final orders were that the application for review was dismissed and the decision of the respondent to refuse approval to the plan of subdivision was affirmed.