The case of Nicholls and Western Australian Planning Commission [2005] WASAT 40; (2005) 149 LGERA 117 (Nicholls) identified a 4 stage process for determining the relevance and weight to be given to draft planning instruments. Nicholls explained...

Effect of the High Court’s decision in the Southregal case on claims for compensation for injurious affection due to the reservation of land in WA planning schemes. Special consideration of the effect on local governments. INJURIOUS AFFECTION CLAIMS MAY BE...

Pursuant to the Planning and Development Act 2005 (WA) (P&D Act), local governments have the power to breserve land for a public purpose, such as for the provision of public open space. In the instance of the reservation of land under the PDA and subject to...