The Resource Management and Planning Tribunal handed down its decision last week after the proponent, 6ty-degrees Pty Ltd, appealed Northern Midland's decision to reject the subdivision.

The council's rejection centred on the lack of reticulated water and the use of a stormwater detention area as public open space. The first ground of rejection - that the one-hectare lot sizes were too small - was withdrawn.

RMPAT found that it was practical to provide reticulated water to the area using between one and two-kilometres of water main. But because the land could be classified as being part of Perth, the subdivision did not comply with the council's planning scheme.

The planning scheme states that lots without reticulated water must be "in a locality for which reticulated services are not available or capable of being connected".

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As a result, 6ty-degrees relied on planning expert George Walker who argued that the land was, in fact, in an area known as "Gibbet Hill" - an area that also did not have reticulated water.

But a council planning expert argued that the land had a "locational relationship with the suburban and urban parts of the Perth Township".

RMPAT agreed with the council.

"Taking a common sense approach which incorporates topography, zoning, layout of roads and the logical catchment area of the nearby urban centre of Perth, indicates that the locality in which the site is situated extends beyond the area defined by Mr Walker and into areas serviced by reticulated water supply," the decision reads.

It was the only ground of appeal to fail, after RMPAT found the use of a stormwater detention area was appropriate for open space given the relatively rare instances of inundation.

The subdivision was proposed to cover 23.4-hectares on the eastern side of Haggerston Road with entry via the Midland Highway.

Lot sizes varied from half a hectare to 1.5-hectares, with most about one-hectare. The adjoining Devon Hills residential area has lot sizes between one-hectare and seven-hectares.