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.
Poor 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.