Reid v Western Australian Planning Commission

[2016] WASCA 181

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Planning and Development Law
2. › Subdivision of land
3. › Conditions of subdivision approval
4. › Validity of conditions
5. › Whether factual connection required between purpose of condition and likely consequences of proposed subdivision
6. › Whether planning policy framework alone sufficient to justify condition
7. › Planning and Development Act 2005 (WA), ss 135, 138, 143
1. Administrative Law
2. › Tribunals
3. › State Administrative Tribunal (WA)
4. › Appeal on question of law
5. › Leave to appeal
6. › Error of law in application of legal test
7. › State Administrative Tribunal Act 2004 (WA), s 105

Quick Take

A condition imposed on a subdivision approval is not valid merely because it furthers a proper planning purpose identified in the applicable planning framework. The condition must also reasonably and fairly relate to the particular subdivision proposed, which requires a factual connection between the likely or possible consequences of the subdivision and the planning purpose served by the condition. The existence of a policy presumption against subdivision unless a condition is imposed does not, without more, establish the requisite connection. The three conditions of validity from Temwood are separate and distinct requirements.