In common with the legal situation in most Australian jurisdictions, Western Australian planning law makes provision for landowners to obtain compensation in some circumstances when their land is subjected to a town planning classification for a public purpose....

  Introduction Achieving a greener future is an organisation-wide endeavour for local governments. One new and significant tool in Western Australia is the inclusion of ‘Tree canopy and deep soil area’ provisions in the May 2019 edition of the WA R-Codes....

  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...