Guidance from WASAT Cases

The Western Australian State Administrative Tribunal (WASAT) has helped shape the way we look at amenity impacts including how amenity is defined in planning practice:

• Amenity can be defined as the sum of the expectations of the residents concerning the quality of their residential environment as determined by the character of the area, its appearance and the land uses. (Cipriano and City of WASAT 20 1979)

• Canning Mews Pty Ltd v [2005] WASAT 272; (2005] also recognised that “in undertaking [the] objective inquiry [as to the character of the area that represents the state of amenity] a specialist planning tribunal is assisted not only by the expert opinions of town planners, but also by the views of residents. Indeed, residents of a locality are often well placed to identify the particular qualities and characteristics which contribute to their residential amenity.

• Amenity can involve the existing amenity, and likely future amenity. (Sunbury Development's Pty Ltd and Shire of Kalamunda [2005] WASAT 346)

• Amenity has two parts the first is public amenity, what the development looks like from the street and the second the internal amenity of a site. Consideration must be given to both aspects but it is the overall community benefit that must be accorded the greatest weight. (Riede and Town of Vincent WASAT 209, 2007)

• The likelihood of a proposed activity causing a nuisance is one way of testing whether or not a given activity will have a detrimental effect on the amenity of the locality. (Rajneesh Foundation of Australia and the WASAT 2, 1985)

• (Decision makers) must distinguish between what people perceive as impacts and the reality of the impacts and they must be satisfied that there is a factual or realistic basis to fears about impacts on amenity. (Applied Woolworths and the City of SAT 41 2009)

• SAT has also commented on the way amenity should be assessed: “…the determination of amenity must begin with evidence of the objective character of the neighbourhood and then only assess the views of the residents as factors that confirm or deny the objective assessment.” (Tempora Pty. Ltd. versus Shire of Kalamunda (1994) 10SR (WA) 29)

• According to WASAT the following process should be followed when considering how amenity is to be measured: Step 1: Undertake an objective inquiry as to the existing character of the area. Step 2: Once that character has been attained, consider how the proposal might affect that amenity having regard to its impacts (for example car parking, traffic, noise etc). (St Patrick’s Community Support Centre and City of , WASAT 318, 2007)