Effect of retrospective approval on prosecution proceedings
Does the grant of retrospective approval for unlawful development prevent prosecution proceedings in respect of the original failure to obtain approval?
Freedom of political communication and local laws
Freedom of political communication is often raised in the context of local laws controlling activities in public places...
Reviewing someone else’s approval in the SAT
Western Australia’s planning laws do not recognise any right of an objector to a proposed development to institute review proceedings to challenge development approvals in the State Administrative Tribunal (SAT). In the SAT, only an aggrieved applicant can seek review of development refusals or development conditions...
Construing the Terms and Scope of a Planning Approval
The recent State Administrative Tribunal (WA) case of AAA Egg Company Pty Ltd and Shire of Gingin [2013] WASAT 149 involved a review of the Shire of Gingin’s (Shire)...
Trips and Traps of Aged Residential Housing
Many local governments own residential housing complexes which are leased to elderly residents at a reduced rent. However, it is all too common for local governments to not be aware of, and fail to apply, the legislative requirements in respect of such housing complexes...
Barking dogs – Are they still a nuisance?
On 1 November 2013, a number of substantial amendments to the Dog Act 1976 (WA) came into effect. Those amendments included significant changes to the nuisance provisions contained in section 38 of the Act...
Immunity for Owners Who Build Contrary to Approved Plans and Specifications
Prior to the commencement of the Building Act 2011 (Act), owners of land on which buildings were erected pursuant to a building licence were required to ensure...