State Administrative Tribunal (WA)|2009-03-03|Before: Mr P

The application for review is allowed.
The decision of the respondent made on 25 June 2008 that it is not prepared to adopt the structure plan in relation to Lot 315, Lot 326 and Lot 18 McCabe Street, North Fremantle is set aside and a decision is substituted that the 'Alternative Proposed Structure Plan' dated 25 July 2008 is adopted under cl 6.2.9.1 of the City of Fremantle Local Planning Scheme No 4 subject to the following conditions:

(a) The building in the location referred to as Apartment 1 on the structure plan must not exceed a maximum wall height of 46 metres AHD and a maximum roof height of 50.5 metres AHD.

(c) The building in the location referred to as Apartment 3 on the structure plan must not exceed a maximum wall height of 44.2 metres AHD and a maximum roof height of 49 metres AHD.

(d) The building in the location referred to as Apartment 4 on the structure plan must not exceed a maximum wall height of 41 metres AHD and a maximum roof height of 45.5 metres AHD.

(e) The building in the location referred to as Apartment 5 on the structure plan must not exceed a maximum wall height of 43.5 metres AHD and a maximum roof height of 48 metres AHD.

(f) The building in the location referred to as grouped dwellings on the structure plan must not exceed a maximum wall height of 39.5 metres AHD and a maximum roof height of 42.5 metres AHD.

The application for review is dismissed.
The deemed refusal by the respondent to adopt a structure plan for Lot 2 Stirling Highway, North Fremantle is set aside and a decision is substituted that the structure plan is not adopted under cl 6.2.9.1 of the City of Fremantle Local Planning Scheme No 4.

I certify that this and the preceding [108] paragraphs comprise the reasons for decision of the State Administrative Tribunal.

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Development Act 2005

McCABE STREET JOINT VENTURE and CITY OF FREMANTLE [2009] WASAT 37 (3 March 2009)

48 In APP Corporation Pty Ltd and City of Perth [2008] WASAT 291 (APP Corporation), the Tribunal recently referred to a four-stage assessment adopted by the New South Wales Land and Environment Court (Land and Environment Court) as being of assistance in determining the acceptability of the visual impact of a proposed development on a private property. It is useful to refer to the same assessment in determining the acceptability of loss of view from a private property caused by buildings proposed in a structure plan.

87 However, in Ridge City Holdings Pty Ltd and City of Albany [2006] WASAT 187 at [35], the Tribunal said the following:

McCABE STREET JOINT VENTURE and CITY OF FREMANTLE [2009] WASAT 37 (3 March 2009)

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McCABE STREET JOINT VENTURE and CITY OF FREMANTLE [2009] WASAT 37 (3 March 2009)