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...

In Reid v Western Australian Planning Commission [2016] WASCA 181 the Western Australian Court of Appeal unanimously allowed an appeal against the decisions of the Supreme Court and State Administrative Tribunal (SAT) to uphold certain subdivision conditions. While...

While some DAP approvals have been controversial, there have only been a small number of legal challenges against these approvals since 2011 when DAPs were introduced. Two have been in the City of South Perth and one in the City of Subiaco. The explanation for this...

It is not uncommon for a local government responsible for assessing an application for planning approval, to come to the view that a proposed development is badly designed, with the consequence that the proposed development will be either detrimental to the...

The impression given by the Department of Planning (DoP) when the Development Assessment Panel (DAP) system was introduced in 2010 was that DAPs would stand in the place of local governments in the development approval processes for the more significant development...