Applicant wins over local planning policies

Algeri Planning & Appeals recently assisted an applicant in over-turning a decision by the Council of the City of Subiaco to refuse the development of a new dwelling. Director, Joe Algeri provided expert planning evidence and was also agent at a the full day hearing. The Tribunal (SAT) determined yet another application whereby the weight afforded to – and the relationship between – local planning policies and the R-Codes was in contention. In the subject application the Council refused an application where it believed that approval of a garage on a secondary street was in conflict with its Steetscape and Parking Policies. It was successfully argued that these policies were applied inflexibly and in doing so, the Respondent failed to take into account some unusual site specific circumstances.

The SAT member handed down an oral decision meaning that only a transcript is available to the parties. Whilst the Tribunal usually provides by a full published judgement, it is not required to so and more often than not, an oral decision can be delivered quickly, sometimes even at the conclusion of the hearing.