Strata Titles Act 1985 (WA) as it was prior to 1 May 2020 – Surveystrata scheme – Strata by-laws – Common property – Exclusive use of common property – Owner of lot with benefit of exclusive use by-law sought to make development application for physical development and change of use in exclusive use area – Development application signed by owner of lot with benefit of exclusive use by-law – Planning consent authority required owner’s consent under cl 62(1)(b) of the deemed provisions in local planning schemes in Sch 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 (WA) from strata company to enable development application to be made – Whether declaration should be made under s 91 of the State Administrative Tribunal Act 2004 (WA) that strata company has or is deemed to have given owner’s consent – Whether any proprietor of a lot in a strata scheme can give owner’s consent for lodgement of a development application in relation to development of common property – Whether Tribunal has power to make and, if so, should make order under s 83(1) of the Strata Titles Act 1985 (WA) for strata company to give owner’s consent – Proper interpretation of exclusive use bylaw – Words & phrases: ‘develop’, ‘use’

COLEMAN and THE OWNERS OF PEACE STREET COMMUNITY (SURVEY-STRATA SCHEME 65005) [2020] WASAT 105 (07 September 2020)