Eminent jurist David Malcolm wrote ” the mere fact that a proposal conforms to the Scheme creates no right for it to be approved ” – the development must be considered in terms of its ” impact on the amenity of the locality ” .
This was when Malcolm was head of the Town Planning Appeal Tribunal – pre SAT.
Given the concrete batching plant’s impact on the amenity of the locality, it should never have been approved.
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READ NOWPoor town planning by the City of Bayswater and poor representation by Mayor McKenna at the SAT does not alter this fact .
That town planning has become a development facilitation bureaucracy for big development rather than an amenity preservation bureaucracy is a sorry story that brings the profession into disrepute.
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