The ‘rural fringe’ of the metropolitan area continues to provide fertile territory for land use disputes that often make their way to a final hearing at the State Administrative Tribunal. With Director, Joe Algeri as agent and Senior Town Planner, Ben Laycock providing expert planning evidence for the Applicant, we successfully argued that a ‘transport depot’ in Oldbury was consistent with the ‘Rural’ zone objectives in the matter of Nield and Shire of Serpentine-Jarrahdale [2021] WASAT 94. This follows a similar outcome in Blast-Tech Australia and Shire of Serpentine-Jarrahdale [2020] WASAT 157.
In arriving at the correct and preferable decision in Nield, the Tribunal concluded that “We consider that the limited scale of the development, the current and historical use of the subject land as a workshop, and the proposed mitigation measures to protect the environment are matters that weigh in favour of approving the application…”. The decision in full can be read here.
We welcome any enquiries about this matter or any others where you believe the local government has not made the correct and preferable decision.
