Wattleup Road Development Company Pty Ltd v Western Australian Planning Commission

COURT OR TRIBUNAL

State Administrative Tribunal of Western Australia

DATE FILED (OR FIRST HEARING DATE)

01/06/2013

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Urban Planning

REVIEW TYPE

Merits review

SUMMARY

Catchwords: Town planning — Residential subdivision — ‘Call in’ by Minister for Planning — Tribunal report and recommendations to Minister — Site 1.2 kilometres to 1.7 kilometres from land used for drying/disposing of bauxite residue resulting from alumina production — Site proximate to sand quarry — Air quality — Dust — Health and amenity impacts of dust — Whether proposed subdivisions are acceptable in relation to health and amenity impacts of dust — Air quality monitoring — Adequacy of air quality monitoring in relation to amenity — Averaging of air quality monitoring results for amenity over 24 hours — Potential shorter term amenity impacts — Whether air quality monitoring and other evidence demonstrates that proposed subdivisions are acceptable in relation to health and amenity impacts of dust in future years — Whether conditions during monitoring year representative of future — Climatic conditions relevant to dust generation in monitoring year in comparison to other recent years — Climate change — Increase in height of residue disposal area where most proximate to site — Consistency with planning framework — Affect on industrial amenity of residue disposal area — Planning precedent

CASE DOCUMENTS

Wattleup Road Development Company Pty Ltd v Western Australian Planning Commission [2014] WASAT 159