This session will be presented by Craig Slarke of McLeods Lawyers and Isabella Mosole of Lavan and will provide a concise and practical update on recent planning law decisions of direct relevance to local government planners and statutory decision‑making.
Craig is a highly regarded planning and environment lawyer and a current LGPA Committee member, bringing both legal expertise and a strong understanding of local government practice.
Isabella is experienced in advising clients from multiple sectors across Western Australia in areas including town planning, environment and liquor licensing approvals, land acquisition and disposals, local government, administrative and public law, in both advisory and litigious capacities.
The presentation will cover the following topics:
Recent Supreme Court decisions on inconsistency
An overview of two recent Supreme Court decisions addressing the approach to inconsistency between the deemed provisions and other local planning scheme provisions. This will include discussion of the Court of Appeal decision in McComish, which is of particular interest as it involved the exemption for single houses that achieve the deemed‑to‑comply requirements of the Residential Design Codes (R‑Codes).
The Zorzi costs decision
A discussion of the costs decision in Zorzi, being the sequel to the earlier decision which confirmed that the removal of a single tree can constitute development. This decision provides useful guidance on costs considerations and litigation risk in planning matters.
Non-Conforming Use Rights
A discussion of the recent SAT decision on non-conforming use rights in the City of Vincent. This decision provides useful guidance on a notoriously complex area in planning law in WA.
