Lea Hiltenkamp and Emiko Watanabe of Glen McLeod Legal have recently published an article with a summary of the case Asphaltech Pty Ltd v Shire of Capel [2021] WASAT 25 in the Australian Environment Review (2021, Volume 36, Number 2).

The case was in relation to a development application for a proposed asphalt production plant, which was to be co-located within an existing extractive industry area. The development application was refused by the Shire of Capel due to the potential for adverse amenity impacts on nearby surrounding land uses following a narrow reading by the State Administrative Tribunal of the applicable strategic framework. The strategic framework was intended to protect the extraction of strategic resources in the area; however, this protection did not extend to the manufacturing of products from the extracted materials, especially where there was a significant reduction in amenity of the surrounding locality.

The full article is available to view via Lexis Advance with a print version to follow.

Screenshot of the first page of the case summary article.