PRESIDING MEMBER OF THE METROPOLITAN CENTRAL JOINT DEVELOPMENT ASSESSMENT PANEL -v- 43 MCGREGOR ROAD PTY LTD [2018] WASC 98

SUPREME COURT OF WESTERN AUSTRALIA
[2018] WASC 98
N/A
GDA 17/2017
21 MARCH 2018
LE MIERE J
18/12/2018
Perth
Leave to appeal granted Appeal allowed Decision of Tribunal set aside Matter sent back to Tribunal for reconsideration
B
PRESIDING MEMBER OF THE METROPOLITAN CENTRAL JOINT DEVELOPMENT ASSESSMENT PANEL
43 MCGREGOR ROAD PTY LTD
Town planning
Appeal from determination of State Administrative Tribunal
Determination of whether a condition of a development approval should be set aside
Whether Tribunal made errors of law
Appeal allowed Judicial review
State Administrative Tribunal Act 2004 (WA)
Whether Tribunal erred in law in holding that the Joint Development Assessment Panel is not a public authority within the meaning of s 70A of the Transfer of Land Act 1893 (WA)
Whether a Joint Development Assessment Panel has a public function or public purpose
Whether a Joint Development Assessment Panel may be a State instrumentality
Turns on own facts Judicial review
State Administrative Tribunal Act 2004 (WA)
Whether Tribunal erred in law in failing to hold that the Joint Development Assessment Panel had power to impose a condition of the planning approval that a landowner provide written consent to a notification on the owner's title
Error of law
Turns on own facts Judicial review
State Administrative Tribunal Act 2004 (WA)
Whether Tribunal erred in law in holding that the condition of the approval did not have a proper planning purpose
Whether legal test for validity of development approval conditions made out
Error of law
Turns on own facts Judicial review
State Administrative Tribunal Act 2004 (WA)
Whether Tribunal erred in law in failing to have regard to relevant planning considerations
Error of law
Turns on own facts
Environmental Protection Act 1986 (WA), s 3
Planning and Development (Development Assessment Panels) Regulations 2011 (WA), reg 5, reg 8, reg 16, reg 18
Planning and Development (Local Planning Schemes) Regulations 2015 (WA), cl 68
Planning and Development Act 2005 (WA), s 3(1)(b), s 26, s 29, s 165, s 171A, s 171C, s 241(1)
State Administrative Tribunal Act 2004 (WA), s 105
Town Planning and Development Act 1928 (WA), s 20
Transfer of Land Act 1893 (WA), s 4, s 70, s 70A
Nil
N/A
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