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Archive for the ‘Planning and Environment’ Category

When do local governments owe a duty of care in providing planning information?

By Castledine Gregory • April 17th, 2018

The Queensland Supreme Court of Appeal has overturned a finding that the Central Highlands Regional Council owed a property purchaser (Geju Pty Ltd) a duty of care, and breached this duty of care by issuing an incorrect planning and development certificate to Geju Pty Ltd’s solicitors.   The essential findings of the Court’s decision canmore…

Contaminated Sites Committee’s role clarified: Caltex Australia Petroleum Pty Ltd v Contaminated Sites Committee [2017] WASC 155

By Castledine Gregory • August 3rd, 2017

A recent Supreme Court decision has provided further clarity regarding the scope of the Contaminated Sites Committees’ statutory role to allocate responsibility for the remediation of contaminated sites.   The Committee is an administrative tribunal that has 2 main statutory functions – it assesses appeals against the classification of a site by the Department ofmore…

Prosecution for illegal native vegetation clearing in Western Australia

By Castledine Gregory • August 3rd, 2017

  A recent decision in the Perth Magistrates Court has demonstrated the importance of ensuring environmental approvals are considered before clearing native vegetation in the state. Following an investigation by the Department of Water and Environmental Regulation (DWER), Magistrate Hawkins fined a Perth company $56,000 and ordered it to pay $6503 in costs for illegalmore…

No compensation for ‘injurious affection’ for land identified as public open space in structure plan

By Castledine Gregory • May 22nd, 2017

In Scutti v City of Wanneroo [2017] WASC 70, the WA Supreme Court ruled that land identified as ‘public open space’ under a structure plan is not land ‘injuriously affected’ by a planning scheme  and as a result, the landowners are not entitled to compensation under that regime.   Background   The appellants made twomore…

High Court rules that purchaser of land not entitled to compensation for land injuriously affected by planning scheme

By Castledine Gregory • February 9th, 2017

On 8 February 2017, the High Court ruled on the entitlement of a subsequent owner of land to compensation for the reservation of that land under a planning scheme.  The High Court – in joint decisions in Western Australian Planning Commission v Southregal Pty Ltd and Western Australian Planning Commission v Leith [2017] HCA 7more…

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