Clive Elliott Jennings & Co Pty Ltd v Western Australian Planning Commission

(2002) 122 LGERA 433; [2002] WASCA 276

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Town Planning
2. › Subdivision
3. › Approval or refusal by planning commission
4. › Appeal to Town Planning Appeal Tribunal
5. › Whether Tribunal inflexibly applied airport master plan as determinative policy
6. › Whether Tribunal failed to weigh merits of subdivision proposal
7. › Town Planning and Development Act 1928 (WA), ss 20(1), 24
1. Town Planning
2. › Subdivision
3. › Relevant considerations
4. › Aircraft noise
5. › Airport master plan approved under Commonwealth legislation
6. › Whether speculative runway expansion option is a relevant consideration
7. › Airports Act 1996 (Cth), ss 70, 72, 77, 83
1. Administrative Law
2. › Discretionary power
3. › Use of policy in administrative decision-making
4. › Whether decision-maker inflexibly applied policy without regard to merits
5. › Distinction between relevant consideration and determinative policy
1. Appeal
2. › Appeal on question of law only
3. › Whether grounds involve questions of law or questions of fact
4. › Town Planning and Development Act 1928 (WA), s 54B(2)

Quick Take

A final master plan approved under the Airports Act 1996 (Cth) is a relevant consideration — but not a determinative policy — for State planning authorities exercising subdivision approval powers. Speculative airport expansion options identified in such a plan may be taken into account as 'potentially real' noise risks, and the weight to be given to them is a matter of planning judgment, not law. A presumption of validity applies to master plans in State planning proceedings.