Return of the ‘seriously Entertained Planning Proposal’ Principle
The case of Nicholls and Western Australian Planning Commission [2005] WASAT 40; (2005) 149 LGERA 117 (Nicholls) identified a 4 stage process for determining...
Compliance Issues for Swimming Pool Barriers
Swimming pool inspections represent a significant compliance issue and potential source of risk, for local governments...
Rapid Adjudication Of Construction Disputes Under The Construction Contracts Act 2004
Applications for adjudication require a response at breakneck speed, and they are determined extremely rapidly. A local government in receipt of an application for adjudication absolutely cannot afford to delay in...
Planning Compliance Issues for Storage of Sea Containers
Local governments frequently deal with enforcement issues arising from the placement and storage of sea containers on land without approval...
Home owner fined $80,000 for upper storey extension
A home owner was recently fined $80,000 of the $200,000 maximum penalty under the Planning and Development Act 2005 for carrying out an extension to a residential dwelling without development approval...
Adverse Possession and local government
Adverse possession, or "squatter's rights" as it is commonly referred to, is an issue that is of interest to many property owners who are both outraged and perplexed at the idea that a 'trespasser' could legally acquire title to land for nothing...
Lodgement of rates caveats through PEXA
A common tool used by local governments to secure outstanding rates debts is the lodgement of a rates caveat pursuant to section 6.64(3) of the Local Government Act 1995...
The Effect of Scheme Amendments on Development Applications Awaiting Decision
When a local planning scheme is amended, it is not uncommon for there to be development applications awaiting decision which are affected by the amendment...
Changes to Occupational Safety and Health Regime in WA
The Occupational Safety and Health Act 1984 (WA) (OSH Act) is soon to be replaced by a new Work Health and Safety Act, with the Western Australian Model Work Health and Safety Bill (WHS Bill) on schedule for introduction to Parliament in mid-2019...
Compensation claims against local governments under Structure Plans
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 of a local structure plan (LSP)...