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Archive for the ‘Local Government’ Category

Reid v WAPC: when does a condition of approval fairly and reasonably relate to the development?

By Castledine Gregory • December 21st, 2016

The recent decision of the WA Supreme Court of Appeal in Reid v Western Australian Planning Commission [2016] WASCA 181 discusses the law surrounding one of the requirements for a valid condition of a development or subdivision approval – namely, that the condition must fairly and reasonably relate to the proposed development or subdivision.  more…

Tread Cautiously – The Precautionary Principle in Planning Decisions

By Castledine Gregory • October 19th, 2016

Introduction   A recent decision of the Supreme Court of WA sheds some light on the role of the precautionary principle in planning decisions. The decision is Wattleup Road Development Co Pty Ltd v State Administrative Tribunal [No 2] [2016] WASC 279.   Background   Wattleup and another party (‘Wattleup’) sought approval under the Planningmore…

What does it mean to have ‘due regard’ to a relevant planning policy?

By Castledine Gregory • May 20th, 2016

A recent decision of the Supreme Court of Western Australia has provided guidance on the standard of ‘due regard’ required to be had by the decision maker when assessing planning approval applications.   The Court in City of South Perth v ALH Group Property Holdings Pty Ltd [2016] WASC 141 dismissed an application by themore…

When can a local government be forced to prosecute?

By Castledine Gregory • May 20th, 2016

Local governments have authority to enforce compliance (including commencing prosecutions) against persons who breach laws with respect to various matters such as planning, building and health regulations. In the recent decision of Martin v Nalder [2016] WASC 138, the Supreme Court of Western Australia considered whether a public authority has a duty to prosecute andmore…

Preliminary Issues in Planning Appeals before the SAT

By Castledine Gregory • May 30th, 2014

In planning appeals before the State Administrative Tribunal (SAT), developers and local governments often ask the SAT to determine ‘preliminary issues’. This is particularly the case when an issue has arisen which is preventing the parties from progressing their without prejudice discussions.   Earlier this year, the validity of this practice was thrown into doubtmore…

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