WR Carpenter Properties Pty Ltd & Anor and Shire of Busselton

The plaintiffs, WR Carpenter Properties Pty Ltd and another, brought proceedings against the defendant, the Shire of Busselton, concerning the Shire's failure to advertise a draft Development Guide Plan. The case was heard in the State Administrative Tribunal of Western Australia, where the plaintiffs sought to challenge the Shire's decision not to advertise the draft Development Guide Plan. The primary legal issues before the Tribunal were whether the Shire had an obligation to advertise the draft Development Guide Plan, whether the Planning Scheme was ambiguous regarding the approval of such plans, and if extrinsic material could be considered in determining the meaning of the Planning Scheme.

The Tribunal found that the Shire was not required to advertise the draft Development Guide Plan as it was not mandated by the Planning Scheme. The Tribunal held that the provision in question was not ambiguous and that extrinsic material could not be considered in ascertaining the meaning of the Planning Scheme. Additionally, the Tribunal ruled that the Planning Scheme did not provide for review of the decision not to advertise the draft Development Guide Plan, and that the draft Development Guide Plan not required by the scheme was not capable of approval under the scheme.

Consequently, the Tribunal dismissed the proceedings under section 47(2) of the State Administrative Tribunal Act 2004 (WA). This decision effectively upheld the Shire's position that they were not obligated to advertise the draft Development Guide Plan and that the Planning Scheme did not require such action.