Planning and environment Archives - McLeods Barristers and Solicitors

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1HY 2020: A master class from WASAT on planning conditions

Published on 29 October 2020| By Peter Wittkuhn

Introduction The first half of 2020 was not marked by a particularly large number of published planning decisions for the WA State Administrative Tribunal, but a recurring theme in a majority of those that were handed down, was a focus on various principles...

Planning and environment, Updates

Council involvement in local government administration: lessons from the Town of Cambridge case

Published on 15 October 2020| By Denis McLeod

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...

Planning and environment, Updates

Expansion of development approval exemptions under the deemed provisions

Published on 14 September 2020| By Peter Wittkuhn

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...

Planning and environment, Updates

Orderly and Proper Planning – Lessons from Point Grey Development Company Pty Ltd and Shire of Murray

Published on 23 July 2020| By Denis McLeod

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...

Planning and environment

Planning Compliance Issues for Storage of Sea Containers

Published on 28 June 2019| By Tim Beckett

Local governments frequently deal with enforcement issues arising from the placement and storage of sea containers on land without approval. A recent prosecution in the Magistrates Court affirmed the proposition that, unless it is incidental to an approved land...

Planning and environment

Compensation claims against local governments under Structure Plans

Published on 16 October 2018| By Denis McLeod

The decision on 12 October 2018 by the WA Court of Appeal in Scutti v City of Wanneroo [2018] WASCA 175 has set alarm bells ringing for local governments and others about the potential for claims for compensation for injurious affection arising out of the provisions...

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1HY 2020: A master class from WASAT on planning conditions

Council involvement in local government administration: lessons from the Town of Cambridge case

Expansion of development approval exemptions under the deemed provisions

Orderly and Proper Planning – Lessons from Point Grey Development Company Pty Ltd and Shire of Murray

Planning Compliance Issues for Storage of Sea Containers

Compensation claims against local governments under Structure Plans

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