//
[2022] WASAT 110
General information, not legal advice.
State Administrative Tribunal (WA)
2022-12-16
Original judgment source is linked above.
I certify that the preceding paragraph(s) comprise the reasons for decision of the State Administrative Tribunal.
[1] The Riverview Tourist Park is identified as Key Tourism Site Number 5 in the Shire of Augusta Margaret River Local Tourism Planning Strategy.
[2] ts, Recording 3 at 5:16, 19 September 2022.
[4] Respondent's s 24 bundle of documents dated 8 July 2022 (Exhibit 3, Tab 4).
[5] Respondent's s 24 bundle of documents dated 8 July 2022 (Exhibit 3, Tab 6).
[6] Respondent's s 24 bundle of documents dated 8 July 2022 (Exhibit 3, Tab 7).
[7] Respondent's s 24 bundle of documents dated 8 July 2022 (Exhibit 3, Tab 10).
[8] 'Coastal Settlements' is defined in cl 4 of LPP 7 as meaning: 'Gracetown, Prevelly, Gnarabup, Augusta townsites and Molloy Island as well as land zoned "Leeuwin Naturaliste Ridge Landscape Amenity" "Leeuwin Naturaliste Ridge Conservation" and "Southern Ocean Foreshore Protection" in the Scheme'.
[9] Witness Statement of Declan Coughlan dated 9 September 2022 (Exhibit 10).
[10] A copy of the letter was attached to the Witness Statement of Mr Matthew John Cuthbert dated 9 September 2022 (Exhibit 5, Annexure 1).
[11] Respondent's Statement of Issues, Facts and Contentions (SIFC) dated 8 July 2022 (Exhibit 2, paras 5-13).
[12] Respondent's SIFC dated 8 July 2022 (Exhibit 2, Tab 1).
[13] The primary category 'represents high use trails used by tourists and community members alike'.
[14] ts, Recording 2 at 19:29, 19 September 2022.
[15] Applicants' SIFC dated 12 August 2022 (Exhibit 8).
[18] LPP 7 has been adopted pursuant to cl 4 of the deemed provisions.
[19] City of Kwinana v Lamont [2014] WASCA 112; (2014) 201 LGERA 334 at [48] (Murphy JA, Mazza JA and Edelman J) (Lamont); Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 at [69] (Brennan CJ, McHugh J, Gummow J, Kirby J and Hayne J) (Project Blue Sky).
[20] Sapphire Developments Alliance Pty Ltd and City of Nedlands [2020] WASAT 149 at [38].
[22] ts, Recording 2 at 1:14:46, 19 September 2022.
[23] ts, Recording 3 at 47:37, 19 September 2022.
[24] Witness Statement of Matthew John Cuthbert dated 9 September 2022 (Exhibit 5).
[25] ts, Recording 2 at 46:27, 19 September 2022.
[27] Respondent's s 24 bundle of documents dated 8 July 2022 (Exhibit 3, Tab 1).
Burnett and Town of Cambridge [2006] WASAT 29
City of Kwinana v Lamont [2014] WASCA 112; (2014) 201 LGERA 334
Clive Elliott Jennings & Co Pty Ltd v Western Australian Planning Commission [2002] WASCA 276; (2002) 122 LGERA 433
Marshall v Metropolitan Redevelopment Authority [2015] WASC 226
Nicholls and Western Australian Planning Commission [2005] WASAT 40; (2005) 149 LGERA 117
Sapphire Developments Alliance Pty Ltd and City of Nedlands [2020] WASAT 149
(2014) 201 LGERA 334
(2002) 122 LGERA 433
(2005) 149 LGERA 117
(1998) 194 CLR 355