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Archive for the ‘Planning’ Category

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…

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…

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…

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…

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