Wattleup Road Development Co Pty Ltd v Western Australian Planning Commission

[2015] WASCA 104

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Tribunals
3. › State Administrative Tribunal (WA)
4. › Appeals from Tribunal
5. › Competency of appeal
6. › Whether recommendation to Minister is a 'decision'
7. › State Administrative Tribunal Act 2004 (WA), s 105(1)
1. Administrative Law
2. › Tribunals
3. › State Administrative Tribunal (WA)
4. › Review jurisdiction
5. › Meaning of 'decision'
6. › Inclusive statutory definition
7. › Whether advisory recommendation falls within definition
8. › State Administrative Tribunal Act 2004 (WA), s 3(1)
1. Planning and Development
2. › Subdivision approval
3. › Call-in power
4. › Minister's direction to Tribunal to hear and recommend
5. › Effect on Tribunal's decision-making powers
6. › Planning and Development Act 2005 (WA), ss 246, 247

Quick Take

A recommendation made by the State Administrative Tribunal to the Minister for Planning under s 246(2)(b) of the Planning and Development Act 2005 (WA) is not a 'decision' for the purpose of s 105(1) of the State Administrative Tribunal Act 2004 (WA) and is therefore not appealable to the Court of Appeal. Where the Minister exercises the call-in power, the Tribunal's recommendation is advisory only and parties have no right of appeal from it.