In what was almost a mirror image of Smith and City of Belmont  WASAT 97, Altus Planning & Appeals recently assisted another applicant in overturning the City of Belmont’s decision to refuse a multiple dwelling development on an R20-coded corner lot. Again, the City refused the application on the basis that the R30 density bonus for R20-coded corner lots was not to apply to multiple dwellings.
This time around, Amendment No. 4 had progressed to a stage where it had concluded advertising however Altus Planning & Appeals argued that there was still no indication that the amendment would be granted final approval by the Western Australian Planning Commission and therefore was still not seriously entertained. Given that the particulars of this proposal were almost identical to Smith, it was successfully argued that in light of the Tribunal’s previous decision there was no planning basis to warrant refusal.
The Tribunal delivered its decision orally meaning that the reasons will not be published on the Tribunal’s website.