Section 70A Notifications on Title as a Condition of Development Approval
It has become common for local governments when giving planning approvals to impose a condition requiring the owner to consent to the lodgement on the title or titles on...
Plastic Bag Reduction through Local Laws
Momentum has been slowly building regarding a ban on plastic bags. It’s been legislated already in the Northern Territory, ACT, South Australia and Tasmania. Channel 10’s show ‘The Project’ recently gave the issue a mainstream platform...
The Effect of the Deemed Provisions on the Operation of Local Planning Schemes
On 19 October 2015, the deemed provisions contained in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 came into operation...
Enforcement options for storage of materials on residential lots.
Local governments frequently receive complaints in relation to residential properties being used for the storage of materials.
Effect of the High Court’s Decision in the Southregal Case. Special Consideration of the Effect on Local Governments
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...
Can a Compensation Claim Arise Under a Structure Plan?
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...
A Three-step Test – Not a Two-step Test – for Validity of Planning Conditions: Reid V WAPC
In Reid v Western Australian Planning Commission [2016] WASCA 181 the Western Australian Court of Appeal unanimously allowed an appeal against the decisions...
Drones – Flying within the law
As the technology and capability of drones (otherwise known as ‘Remotely Piloted Aircrafts’ (RPAs)) is rapidly increasing, so is the popularity and scope of use of this technology, not just by individuals but by private businesses and public bodies...
Challenging DAP Approvals
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...
Design WA – Inability of Local Government to Require Improved Design in Development Applications
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...