From time to time local governments receive applications for development approval involving works on, or use of, common property in a strata scheme. Typically a local government would in those cases require the strata company to sign, or at least endorse, the...

The case of Dain Pty Ltd v Shire of Peppermint Grove [2019] WASC 264 (Dain) concerned a challenge to the inclusion of a property in the heritage list kept pursuant to the Shire’s local planning scheme. The challenge succeeded, based on apprehended bias arising from a...

Introduction Regulation 9(1) of the Local Government (Rules of Conduct) Regulations 2007 (Regulations) is intended to prohibit Council involvement in the administration activities and processes of its local government (LG). Prior to August 2020, reg.9(1) provided – ‘A...

Introduction A significant number of uses including shops, small gyms and martial arts studios, restaurants, and some liquor premises are poised to become exempt in many circumstances from the requirement of development approval under planning reforms currently in...

Introduction The WA State Administrative Tribunal (SAT) on 5 November 2019 published its Reasons in the review Point Grey Development Company Pty Ltd and Shire of Murray[1] for refusing planning approval for the first stage of a substantial marina development on the...