The State Administrative Tribunal (Tribunal)
has referred to the characterisation of uses where there are
competing land use classifications in a local planning scheme
(Scheme), as being akin to trying to resolve a
'Gordian knot'.
However, the Tribunal noted that such Gordian knots are resolved
by clauses in the Scheme which require a specific land use to be
preferred over the more general and that once a land use is
defined, it is deemed to be excluded from other more general
classifications. This was discussed in the recent Rando
decision.
The issue in Rando
The issue in Rando and City of Gosnells [2019] WASAT 6
(Rando) was the refusal of the City of Gosnells to
allow certain additional activities/uses as part of an approved
development. The approved development was a tyre sale and fitting
use, which was classified by the City as 'Industry –
Service'. The relevant zone in the Scheme was 'Mixed
Business'.
