Re City of Joondalup; Ex Parte Mullaloo Progress Association Inc

[2003] WASCA 293

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Town Planning
2. › Planning approval
3. › Discretion to approve non-compliant development
4. › Mixed-use development
5. › Whether discretion excluded where Residential Planning Codes apply to part of development
6. › Meaning of 'development' in exception clause
7. › City of Joondalup District Planning Scheme No 2, cl 4.5.1
1. Town Planning
2. › Planning approval
3. › Residential Planning Codes
4. › Density requirements
5. › Grouped dwellings
6. › Whether density requirements met on site
7. › Whether residential building subject to density controls
1. Town Planning
2. › Planning approval
3. › Net lettable area
4. › Commercial zone
5. › Whether retail net lettable area exceeded maximum
6. › City of Joondalup District Planning Scheme No 2, cl 3.7.3
1. Administrative Law
2. › Certiorari
3. › Jurisdictional facts
4. › Whether council had jurisdiction to grant planning approval
5. › Irrelevant considerations
6. › Failure to take into account relevant considerations

Quick Take

The word 'development' in the exception clause of cl 4.5.1 of the City of Joondalup District Planning Scheme No 2 refers to the specific activities on the land controlled by the Residential Planning Codes, not the entire building project. Where a mixed-use development includes both residential and non-residential components, the council retains discretion under cl 4.5.1 to approve non-compliant aspects of the non-residential development. The R Codes set standards for certain residential development but do not determine what uses the council may approve; that is governed by the Scheme's zoning table. The density requirement of site area per dwelling refers to the total area of the land the subject of the application, not to clear or open space.