Subdivider loses Shire tree review

A private subdividing company has lost its claim the Shire of Dardanup unlawfully added a contract condition over who was supposed to provide trees for newly subdivided land. Perth-based firm Parkridge Group applied to have the State Administrative Tribunal review conditions of a subdividing contract it had with the Shire of Dardanup. The condition in question, which concerned the subdivision of Lot 9004 Eaton Drive to allow for more houses to be built, said the subdivider was to provide street trees for the area as part of council policy. The Tribunal was told the Shire of Dardanup had outlined the contract condition to Parkridge in March, stating they would accept a contribution of $12,355.20 towards the supply and planting of the trees. The condition in question was included in the WA Planning Commission’s approval of the subdivision of Lot 9004 Eaton Drive. Although Parkridge agreed to pay for the supply and planting of the trees in question, the firm went to the Tribunal after it alleged the Shire had unlawfully imposed a further condition on the contract. In its application for review, Parkridge sought to have the decision set aside and the funding returned, claiming the Shire was supposed to provide the street trees. In considerations, SAT senior member Stephen Willey found there was no “further condition” of providing the street trees; rather, it was “simply a requirement” and the day had “long passed” for Parkridge to have a right of review. “If Parkridge remained of the view that the street tree contribution was not mandated by, or consistent with (the condition), it was obliged to say so,” Mr Willey said. “It could have raised the issue first with the Shire, directly with the WAPC or sought clearance of the subdivision or even a review of that condition. “It did none of these things. Rather, Parkridge complied with the condition and was granted clearance by the Shire. “The application is therefore misconceived and will be struck out.”