Another hearing in November about workshop
The State Administrative Tribunal has heard a case between the City of Rockingham and a Baldivis landowner.
The landowner took his case to the tribunal after being told by the City he must remove a workshop on his property because it did not meet the City’s Local Planning Scheme.
After being told by the City the workshop was not meeting planning standards and that he would have to remove the development and restore the land to its original condition immediately, Noel Castle appealed to the SAT, which heard the case in August and released its report last week.
Although an approval for an “existing workshop for the repair of agricultural machinery” was granted by the City in 1989 for the property, the SAT found this approval was being breached because the maintenance, repairs and servicing of equipment being undertaken at the site was not being “used for rural purposes in the locality only”, which formed part of the original approval.
Although Mr Castle also sought review by the tribunal of the decision of the council to refuse to grant development approval for a “rural workshop” on the site in order to regularise its current use, the SAT found the use of the development was “not capable of approval” as it was properly classified as industrial use under the scheme, which was prohibited in the rural zone in which it sat.
Another hearing on the matter will be held in November.